PUBLIC LAW 96-156, 93 STAT, 1166
Benefits Act, as amended, with
respect to the Government contribution toward
subscription charge.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) section 4 of
the Retired Federal Employee Health Benefits Act (Public Law 86 - 724;
Stat. 850), as amended, is amended to read as follows:
" Sec. 4. If a retired employee enrolls for self-only in the health
benefits plan provided for by section 3 of this Act, the Government
shall contribute each month toward his subscription charge an amount
equal to the current monthly premium of an individual for such month
under section 1839(c)(3) of the Social Security Act. // 42 USC 1395r.
// The Government contribution for a retired employee enrolled for self
and family shall be twice the contribution for one enrolled for
self-only. A retired employee may not receive a Government contribution
for more than one plan, nor may a retired employee receive a Government
contribution if he is covered under the enrollment of another employee
or retired employee who is receiving a Government contribution toward
his enrollment. The immediately preceding sentence shall not apply with
respect to the plan for supplementary medical insurance provided by part
B of title XVIII of the Social Security Act.". // 42 USC 1395j. //
(b) Subsection (a) of section 6 of such Act is amended--,
(1) by striking out "appropriate Government contribution
established by the Commission pursuant to section 4(a) of the Act"
and inserting " Government contribution under section 4 of this
Act"; and
(2) by adding at the end thereof the following new sentence: "
The immediately preceding sentence shall not apply with respect to
the plan for supplementary medical insurance provided by part B of
title XVIII of the Social Security Act.".
(c) The amendments made by this Act shall apply to contributions made
by the Government on or after the later of--,
(1) the first day of the first month beginning after the date
of the enactment of this Act, or
(2) October 1, 1979.
Approved December 27, 1979.
LEGISLATIVE HISTORY:
SENATE REPORT No. 96 - 154 (Comm. on Governmental Affairs).
CONGRESSIONAL RECORD, Vol. 125 (1979):
May 22, considered and passed Senate.
Dec. 17, considered and passed House.
PUBLIC LAW 96-155, 93 STAT, 1165
as to redefine eligibility for
membership therein.
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 incorporate the American Legion", approved
September 16, 1919 (41 Stat. 285; 36 U.S.C. 45), is hereby amended to
read as follows:
" Sec. 5. No person shall be a member of this corporation unless he
has served in the naval or military services of the United States at
some time during any of the following periods: April 6, 1917, to
November 11, 1918; December 7, 1941, to December 31, 1946; June 25,
1950, to January 31, 1955; December 22, 1961, to May 7, 1975; all
dates inclusive, or who, being a citizen of the United States at the
time of entry therein, served in the military or naval service of any of
the governments associated with the United States during said wars or
hostilities: Provided, however, That such person shall have an
honorable discharge or separation from such service or continues to
serve honorably after any of the aforesaid terminal dates.".
Approved December 21, 1979.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 675 accompanying H.R. 5583 (Comm. on the
Judiciary).
SENATE REPORT No. 96 - 450 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 125 (1979):
Dec. 14, considered and passed Senate.
Dec. 17, considered and passed House in lieu of H.R. 5583
PUBLIC LAW 96-154, 93 STAT, 1139, DEPARTMENT OF DEFENSE APPROPRIATION
ACT, 1980
the fiscal year ending
September 30, 1980, and for other purposes.
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 fiscal year ending September 30, 1980, for
military functions administered by the Department of Defense, and for
other purposes, namely:
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Army on active duty (except members of reserve components provided
for elsewhere), cadets, and aviation cadets; $9,668,819,000.
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Navy on active duty (except members of the Reserve provided for
elsewhere), midshipmen, and aviation cadets; $6,857,256,000.
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Marine Corps on active duty (except members of the Reserve provided
for elsewhere); $2,089,457,000.
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Air Force on active duty (except members of reserve components
provided for elsewhere), cadets, and aviation cadets; $7,863,817,000.
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Army Reserve on active duty under
sections 265, 3019, and 3033 of title 10, United States Code, or while
serving on active duty under section 672(d) of title 10, United States
Code, in connection with performing duty specified in section 678(a) of
title 10, United States Code, or while undergoing reserve training, or
while performing drills or equivalent duty or other duty, and for
members of the Reserve Officers' Training Corps, and expenses authorized
by section 2131 of title 10, United States Code, as authorized by law;
$606,400,000.
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Naval Reserve on active duty under
section 265 of title 10, United States Code, or personnel (other than
members of the Training and the Administration of the Reserve program)
while serving on active duty under section 672(d) of title 10, United
States Code, in connection with performing duty specified in section
678(a) of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty, and for members
of the Reserve Officers' Training Corps, and expenses authorized by
section 2131 of title 10, United States Code, as authorized by law;
$240,902,000.
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Marine Corps Reserve on active
duty under section 265 of title 10, United States Code, or while serving
on active duty under section 672(d) of title 10, United States Code, in
connection with performing duty specified in section 678(a) of title 10,
United States Code, or while undergoing reserve training, or while
performing drills or equivalent duty, and for members of the Marine
Corps platoon leaders class, and expenses authorized by section 2131 of
title 10, United States Code, as authorized by law; $88,100,000.
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Air Force Reserve on active duty
under sections 265, 8019, and 8033 of title 10, United States Code, or
while serving on active duty under section 672(d) of title 10, United
States Code, in connection with performing duty specified in section
678(a) of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty or other duty,
and for members of the Air Reserve Officers' Training Corps, and
expenses authorized by section 2131 of title 10, United States Code, as
authorized by law; $214,400,000.
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Army National Guard while on duty
under sections 265, 3033, or 3496 of title 10 or section 708 of title
32, United States Code, or while serving on active duty under section.
672(d) of title 10 or section 502(f) of title 32, United States Code, in
connection with performing duty specified in section 678(a) of title 10,
United States Code, or while undergoing training, or while performing
drills or equivalent duty or other duty, and expenses authorized by
section 2131 of title 10, United States Code, as authorized by law;
$867,250,000.
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Air National Guard on duty under
sections 265, 8033, or 8496 of title 10 or section 708 of title 32,
United States Code, or while serving on active duty under section 672(
d) of title 10 or section 502(f) of title 32, United States Code, in
connection with performing duty specified in section 678(a) of title 10,
United States Code, or while undergoing training, or while performing
drills or equivalent duty or other duty, and expenses authorized by
section 2131 of title 10, United States Code, as authorized by law;
$272,500,000.
For retired pay and retirement pay, as authorized by law, of military
personnel on the retired lists of the Army, Navy, Marine Corps, and Air
Force, including the reserve components thereof, retainer pay for
personnel of the Inactive Fleet Reserve, and payments under section 4 of
Public Law 92 - 425 // 10 USC 1448 // and chapter 73 of title 10, United
States Code; // 10 USC 1431 // $11,451,500,000.
For expenses, not otherwise provided for, necessary for the operation
and maintenance of the Army, as authorized by law; and not to exceed
$3,231,000 can be used for emergencies and extraordinary expenses, to be
expended on the approval or authority of the Secretary of the Army, and
payments may be made on his certificate of necessity for confidential
military purposes; $9,915,368,000, of which not less than $457,100,000
shall be available only for the maintenance of real property facilities.
For expenses, not otherwise provided for, necessary for the operation
and maintenance of the Navy and the Marine Corps, as authorized by law;
and not to exceed $1,494,000 can be used for emergencies and
extraordinary expenses, to be expended on the approval or authority of
the Secretary of the Navy, and payments may be made on his certificate
of necessity for confidential military purposes; $13,272,245,000, of
which not less than $386,100,000 shall be available only for the
maintenance of real property facilities: Provided, That of the total
amount of this appropriation made available for the alteration,
overhaul, and repair of naval vessels, not more than $2,400,000,000
shall be available for the performance of such work in Navy shipyards of
which not less than $22,000,000 shall be available for such work only at
the Ship Repair Facilities, Guam: Provided further, That such amounts
of the funds available for work only at the Ship Repair Facilities,
Guam, may be used for work in other Navy shipyards in amounts equal to
the amount of work placed at the Ship Repair Facilities, Guam, funded
from other sources.
For expenses, not otherwise provided for, necessary for the operation
and maintenance of the Marine Corps, as authorized by law;
$802,046,000, of which not less than $98,000,000 shall be available only
for the maintenance of real property facilities.
For expenses, not otherwise provided for, necessary for the operation
and maintenance of the Air Force, as authorized by law; and not to
exceed $2,918,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of the Secretary
of the Air Force, and payments may be made on his certificate of
necessity for confidential military purposes; $10,459,750,000, of which
not less than $654,800,000 shall be available only for the maintenance
of real property facilities.
For expenses, not otherwise provided for, necessary for the operation
and maintenance of activities and agencies of the Department of Defense
(other than the military departments), as authorized by law;
$3,528,214,000: Provided, That not to exceed $4,154,000 can be used for
emergencies and extraordinary expenses, to be expended on the approval
or authority of the Secretary of Defense, and payments may be made on
his certificate of necessity for confidential military purposes:
Provided further, That not less than $51,600,000 of the total amount of
this appropriation shall be available only for the maintenance of real
property facilities.
For expenses, not otherwise provided for, necessary for the operation
and maintenance, including training, organization, and administration,
of the Army Reserve; repair of facilities and equipment; hire of
passenger motor vehicles; travel and transportation; care of the dead;
recruiting; procurement of services, supplies, and equipment; and
communications; $420,644,000, of which not less than $24,045,000 shall
be available only for the maintenance of real property facilities.
For expenses, not otherwise provided for, necessary for the operation
and maintenance, including training, organization, and administration of
the Navy Reserve; repair of facilities and equipment; hire of
passenger motor vehicles; travel and transportation; care of the dead;
recruiting; procurement of services, supplies, and equipment; and
communications; $396,436,000, of which not less than $13,800,000 shall
be available only for the maintenance of real property facilities.
For expenses, not otherwise provided for, necessary for the operation
and maintenance, including training, organization, and administration of
the Marine Corps Reserve; repair of facilities and equipment; hire of
passenger motor vehicles; travel and transportation; care of the dead;
recruiting; procurement of services, supplies, and equipment; and
communications; $21,923,000, of which not less than $1,275,000 shall be
available only for the maintenance of real property facilities.
For expenses, not otherwise provided for, necessary for the operation
and maintenance, including training, organization, and administration of
the Air Force Reserve; repair of facilities and equipment; hire of
passenger motor vehicles; travel and transportation; care of the dead;
recruiting; procurement of services, supplies, and equipment; and
communications; $429,407,000, of which not less than $13,500,000 shall
be available only for the maintenance of real property facilities.
For expenses of training, organizing, and administering the Army
National Guard, including medical and hospital treatment and related
expenses in non-Federal hospitals; maintenance, operation, and repairs
to structures and facilities; hire of passenger motor vehicles;
personnel services in the National Guard Bureau; travel expenses (other
than mileage), as authorized by law for Army personnel on active duty,
for Army National Guard division, regimental, and battalion commanders
while inspecting units in compliance with National Guard regulations
when specifically authorized by the Chief, National Guard Bureau;
supplying and equipping the Army National Guard as authorized by law;
and expenses of repair, modification, maintenance, and issue of supplies
and equipment (including aircraft); $797,150,000, of which not less
than $17,260,000 shall be available only for the maintenance of real
property facilities.
For operation and maintenance of the Air National Guard, including
medical and hospital treatment and related expenses in non--, Federal
hospitals; maintenance, operation, repair, and other necessary expenses
of facilities for the training and administration of the Air National
Guard, including repair of facilities, maintenance, operation, and
modification of aircraft; transportation of things; hire of passenger
motor vehicles; supplies, materials, and equipment, as authorized by
law for the Air National Guard; and expenses incident to the
maintenance and use of supplies, materials, and equipment, including
such as may be furnished from stocks under the control of agencies of
the Department of Defense; travel expenses (other than mileage) on the
same basis as authorized by law for Air National Guard personnel on
active Federal duty, for Air National Guard commanders while inspecting
units in compliance with National Guard regulations when specifically
authorized by the Chief, National Guard Bureau; $1,089,687,000, of
which not less than $20,000,000 shall be available only for the
maintenance of real property facilities.
Army
For the necessary expenses, in accordance with law, for construction,
equipment, and maintenance of rifle ranges; the instruction of citizens
in marksmanship; the promotion of rifle practice; and the travel of
rifle teams, military personnel, and individuals attending regional,
national, and international competitions; $397,000, of which not to
exceed $7,500 shall be available for incidental expenses of the National
Board; and from other funds provided in this Act, not to exceed
$340,000 worth of ammunition may be issued under authority of title 10,
United States Code, section 4311.
For payment, not otherwise provided for, of claims authorized by law
to be paid by the Department of Defense (except for civil functions),
including claims for damages arising under training contracts with
carriers, and repayment of amounts determined by the Secretary
concerned, or officers designated by him, to have been erroneously
collected from military and civilian personnel of the Department of
Defense, or from States, territories, or the District of Columbia, or
members of the National Guard units thereof; $98,200,000.
For salaries and expenses necessary for the United States Court of
Military Appeals; $2,030,000, and not to exceed $1,500 can be used for
official representation purposes.
For foreign currency fluctuations, Defense; $470,000,000, to remain
available until expended.
For logistical support and personnel services (other than pay and
non-travel related allowances of members of the Armed Forces of the
United States) to the XIII Olympic Winter Games; $10,000,000. During
the current fiscal year, the Secretary of Defense may transfer the funds
made available for this purpose to any appropriation contained in title
III of this Act or any subdivision thereof: Provided, That funds
transferred pursuant to this authority shall be merged with and made
available for the same purpose as the appropriation to which
transferred: Provided further, That transfer authority provided herein
shall be in addition to that provided in section 734 of this Act.
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and private plants,
including the land necessary therefor, without regard to section 4774,
title 10, United States Code, for the foregoing purposes, and such lands
and interests therein, may be acquired, and construction prosecuted
thereon prior to approval of title as required by section 355, Revised
Statutes, // 40 USC 255. // as amended; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor--, owned
equipment layaway; and other expenses necessary for the foregoing
purposes; $961,837,000, to remain available for obligation until
September 30, 1982.
For construction, procurement, production, modification, and
modernization of missiles, equipment, including ordance, ground handling
equipment, spare parts, and accessories therefor; specialized equipment
and training devices; expansion of public and private plants, including
the land necessary therefor, without regard to section 4774, title 10,
United States Code, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title as required by section 355, Revised Statutes,
as amended; and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant and
Government and contractor--, owned equipment layaway; and other
expenses necessary for the foregoing purposes; $1,140,800,000, to
remain available for obligation until September 30, 1982.
Army
For construction, procurement, production, and modification of
weapons and tracked combat vehicles, equipment, including ordnance,
spare parts, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including the
land necessary therefor, without regard to section 4774, title 10,
United States Code, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title as required by section 355, Revised Statutes,
as amended; and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; and other expenses
necessary for the foregoing purposes; $1,824,100,000, and in addition,
$12,100,000 which shall be derived by transfer from " Procurement of
Weapons and Tracked Combat Vehicles, Army, 1979/1981", to remain
available for obligation until September 30, 1982: Provided, That no
funds in excess of $224,700,000 shall be available for Fighting Vehicle
Systems production unless and until the Secretary of Defense certifies
to the Committee on Appropriations that the reliability, availability,
maintainability, and durability criteria specified in the program
contracts shall have been met: Provided further, That no funds in
excess of $389,900,000 shall be available for XM-1 tank production
unless and until the Secretary of Defense certifies to the Committee on
Appropriations that the reliability, availability, maintainability, and
durability criteria specified in the program contracts shall have been
met.
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities authorized in military construction authorization
Acts or authorized by section 2673, title 10, United States Code, and
the land necessary therefor, without regard to section 4774, title 10,
United States Code, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title as required by section 355, Revised Statutes,
// 40 USC 255. // as amended; and procurement and installation of
equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway;
and other expenses necessary for the foregoing purposes;
$1,232,800,000, to remain available for obligation until September 30,
1982.
For construction, procurement, production, and modification of
vehicles, including tactical, support, and nontracked combat vehicles;
the purchase of not to exceed sixty-one passenger motor vehicles for
replacement only; communications and electronic equipment; other
support equipment; spare parts, ordnance and accessories therefor;
specialized equipment and training devices; expansion of public and
private plants, including the land necessary therefor, without regard to
section 4774, title 10, United States Code, for the foregoing purposes,
and such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title as required by section
355, Revised Statutes, as amended; and procurement and installation of
equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor--, owned equipment layaway;
and other expenses necessary for the foregoing purposes;
$1,435,410,000, and in addition, $47,000,000 which shall be derived by
transfer from " Other Procurement, Army, 1979/ 1981", to remain
available for obligation until September 30, 1982.
For construction, procurement, production, modification, and
modernization of aircraft, equipment including ordnance, spare parts,
and accessories therefor; specialized equipment; expansion of public
and private plants, including the land necessary therefor, and such
lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title as required by section
355, Revised Statutes, as amended; and procurement and installation of
equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway;
$4,441,446,000, to remain available for obligation until September 30,
1982.
For construction, procurement, production, modification, and
modernization of missiles, torpedoes, other weapons, and related support
equipment including spare parts, and accessories therefor; expansion of
public and private plants, including the land necessary therefor, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title as required by section
355, Revised Statutes, // 40 USC 255. // as amended; and procurement
and installation of equipment, appliances, and machine tools in public
and private plants; reserve plant and Government and contractor--,
owned equipment layaway; $1,988,214,000, and in addition, $8,300,000
which shall be derived by transfer from " Weapons Procurement, Navy,
1979/1981", to remain available for obligation until September 30, 1982.
For expenses necessary for the construction, acquisition, or
conversion of vessels as authorized by law, including armor and armament
thereof, plant equipment, appliances, and machine tools and installation
thereof in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; procurement of critical, long
leadtime components and designs for vessels to be constructed or
converted in the future; and expansion of public and private plants,
including land necessary therefor, and such lands and interests therein,
may be acquired, and construction prosecuted thereon prior to approval
of title as required by section 355, Revised Statutes, as amended, as
follows: for the Trident submarine program, $1,120,850,000; for the T-
AK FBM resupply ship conversion program, $6,500,000; for the SSN-688
nuclear attack submarine program, $772,600,000; and in addition,
$21,200,000 which shall be derived by transfer from SSN-688 nuclear
attack submarine program in " Ship--, building and Conversion, Navy
1979/1983"; for the aircraft carrier service life extension program,
$44,000,000; for the CVN Nimitz class aircraft carrier program,
$2,094,000,000; for the DDG-47 Aegis destroyer program, $820,200,000;
for the FFG-7 guided missile frigate program, $1,204,200,000; for the
T-AGOS SURTASS ship program, $34,600,000; for the LSD-41 ship program,
$41,000,000; for craft, outfitting, post delivery, cost growth, and
escalation on prior year programs, $433,900,000; and in addition,
$55,000,000 which shall be derived by transfer from DDG-2 modernization
program in " Ship--, building and Conversion, 1979/1983"; in all:
$6,571,850,000, and in addition, $76,200,000 to be derived by transfer,
to remain available for obligation until September 30, 1984: Provided,
That none of the funds herein provided for the construction or
conversion of any naval vessel to be constructed in shipyards in the
United States shall be expended in foreign shipyards for the
construction of major components of the hull or superstructure of such
vessel: Provided further, That none of the funds herein provided shall
be used for the construction of any naval vessel in foreign shipyards.
For procurement, production, and modernization of support equipment
and materials not otherwise provided for, Navy ordnance and ammunition
(except ordnance for new aircraft, new ships, and ships authorized for
conversion); the purchase of not to exceed three hundred and
twenty-seven passenger motor vehicles for replacement only; expansion
of public and private plants, including the land necessary therefor, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title as required by section
355, Revised Statutes, // 40 USC 255. // as amended; and procurement
and installation of equipment, appliances, and machine tools in public
and private plants; reserve plant and Government and contractor-owned
equipment layaway; $2,590,056,000, and in addition, $34,700,000, of
which $29,600,000 shall be derived by transfer from " Other Procurement,
Navy, 1978/1980", and $5,100,000 shall be derived by transfer from "
Other Procurement, Navy, 1979/1981", to remain available for obligation
until September 30, 1982.
For expenses necessary for the procurement, manufacture, and
modification of missiles, armament, ammunition, military equipment,
spare parts, and accessories therefor; plant equipment, appliances, and
machine tools, and installation thereof in public and private plants;
reserve plant and Government and contractor-owned equipment layaway;
and vehicles for the Marine Corps, including purchase of not to exceed
one hundred and forty-six passenger motor vehicles for replacement only;
$283,785,000, to remain available for obligation until September 30,
1982.
In addition to any other funds authorized to be appropriated under
this heading, there is hereby authorized to be appropriated during
fiscal year 1980 an additional amount of $75,400,000 only for the
procurement of F-100 engine initial and replenishment spare parts.
For construction, procurement, and modification of aircraft and
equipment, including armor and armament, specialized ground handling
equipment, and training devices, spare parts, and accessories therefor;
specialized equipment; expansion of public and private plants,
Government-owned equipment and installation thereof in such plants,
erection of structures, and acquisition of land without regard to
section 9774 of title 10, United States Code, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to the approval of title as
required by section 355, Revised Statutes, as amended; reserve plant
and Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes including rents and
transportation of things; $7,965,240,000, and in addition, $13,800,000,
which shall be derived by transfer from " Aircraft Procurement, Air
Force, 1979/1981", of which $243,100,000 shall be available for
contribution of the United States' share of the cost of the acquisition
by the North Atlantic Treaty Organization of an Airborne Early Warning
and Control System (AWACS) and, in addition, the Department of Defense
may make a commitment to the North Atlantic Treaty Organization to
assume the United States' share of contingent liability in connection
with the NATO E-3 A Cooperative Programme, and in addition, $106,000,000
from the proceeds of the sale of aircraft to Egypt received during
fiscal year 1979 or fiscal year 1980 may be credited to this
appropriation, to remain available for obligation until September 30,
1982.
For construction, procurement, and modification of missiles,
spacecraft, rockets, and related equipment, including spare parts and
accessories therefor, ground handling equipment, and training devices;
expansion of public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures, and
acquisition of land without regard to section 9774 of title 10, United
States Code, for the foregoing purposes, and such lands and interests
therein, may be acquired, and construction prosecuted thereon prior to
the approval of title as required by section 355, Revised Statutes, //
40 USC 255. // as amended; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for
the foregoing purposes including rents and transportation of things;
$2,160,385,000, and in addition, $15,000,000, which shall be derived by
transfer from " Aircraft Procurement, Air Force, 1977/ 1979", to remain
available for obligation until September 30, 1982.
For procurement and modification of equipment (including ground
guidance and electronic control equipment, and ground electronic and
communication equipment), and supplies, materials, and spare parts
therefor, not otherwise provided for; the purchase of not to exceed one
hundred and sixty passenger motor vehicles for replacement only; and
expansion of public and private plants, Government--, owned equipment
and installation thereof in such plants, erection of structures, and
acquisition of land without regard to section 9774 of title 10, United
States Code, for the foregoing purposes, and such lands and interests
therein may be acquired, and construction prosecuted thereon prior to
the approval of title as requred by section 355, Revised Statutes, as
amended; reserve plant and Government and contractor-owned equipment
layaway; $2,634,031,000, and in addition, $13,600,000, of which
$10,600,000 shall be derived by transfer from " Other Procurement, Air
Force, 1979/1981", and $3,000,000 shall be derived by transfer from "
Aircraft Procurement, Air Force, 1977/1979", to remain available for
obligation until September 30, 1982.
For expenses of activities and agencies of the Department of Defense
(other than the military departments) necessary for procurement,
production, and modification of equipment, supplies, materials, and
spare parts therefor, not otherwise provided for; the purchase of not
to exceed two hundred and twenty-one passenger motor vehicles for
replacement only; expansion of public and private plants, equipment,
and installation thereof in such plants, erection of structures, and
acquisition of land for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to the approval of title as required by section 355, Revised
Statutes, // 40 USC 255. // as amended; reserve plant and Government
and contractor-owned equipment layaway; $280,185,000, to remain
available for obligation until September 30, 1982.
For expenses necessary for basic and applied scientific research,
development, test, and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment, as
authorized by law; $2,853,331,000, and in addition, $2,000,000 which
shall be derived by transfer from " Research, Development, Test, and
Evaluation, Army, 1979/1980", to remain available for obligation until
September 30, 1981.
For expenses necessary for basic and applied scientific research,
development, test, and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment, as
authorized by law; $4,537,433,000, and in addition, $15,886,000 which
shall be derived by transfer from " Research, Development, Test, and
Evaluation, Navy, 1979/1980", to remain available for obligation until
September 30, 1981.
Force
For expenses necessary for basic and applied scientific research,
development, test, and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment, as
authorized by law; $4,941,943,000, and in addition, $81,230,000, of
which $34,900,000 shall be derived by transfer from " Aircraft
Procurement, Air Force, 1977/1979", $2,330,000 shall be derived by
transfer from " Research, Development, Test, and Evaluation, Air Force,
1978/ 1979", and $44,000,000 shall be derived by transfer from "
Research, Development, Test, and Evaluation, Air Force, 1979/1980", to
remain available for obligation until September 30, 1981. None of the
funds appropriated under this paragraph to continue development of the
MX Missile may be used in a fashion which would commit the United States
to only one basing mode for the MX missile system.
For expense of activities and agencies of the Department of Defense
(other than the military departments), necessary for basic and applied
scientific research, development, test, and evaluation; advanced
research projects as may be designated and determined by the Secretary
of Defense, pursuant to law; maintenance, rehabilitation, lease, and
operation of facilities and equipment, as authorized by law;
$1,037,022,000, to remain available for obligation until September 30,
1981: Provided, That such amounts as may be determined by the Secretary
of Defense to have been made available in other appropriations available
to the Department of Defense during the current fisccal year for
programs related to advanced research may be transferred to and merged
with this appropriation to be available for the same pruposes and time
period: Provided further, That such amounts of this appropriation as
may be dtermined by the Secretary of Defense may be transferred to carry
out the purposes of advanced research to those appropriations for
military functions under the Department of Defense which are being
utilized for related programs to be merged with and to be available for
the same time period as the appropriation to which transferred.
For expenses, not otherwise provided for, of independent activities
of the Director of Defense Test and Evaluation in the direction and
supervision of test and evaluation, including initial operational
testing and evaluation; and performance of joint testing and
evaluation; and administrative expenses in connection therewith;
$42,500,000, to remain available for obligation until September 30,
1981.
For payment in foreign currencies which the Tresury Department
determines to be excess to the normal requirements of the United States
for expenses in carrying out programs of the Department of Defense, as
authorized by law; $6,667,000, to remain available for obligation until
September 30, 1981; Provided, That this appropriation shall be
available in addition to other appropriations to such Department, for
payments in the foregoing currencies.
Sec. 701. None of the funds appropriated or otherwise made available
in this Act shall be obligated or expended for salaries or expenses
during the current fiscal year for purposes of the demilitarization of
small firearms.
Sec. 702. No part of any appropriation contained in this Act shall
be used for publicity or propaganda purposes not authorized by the
Congress.
Sec. 703. During the current fiscal year, the Secretary of Defense
and the Secretaries of the Army, Navy, and Air Force, respectively, if
they should deem it advantageous to the national defense, and if in
their opinions the existing facilities of the Department of Defense are
inadequate, are authorized to procure services in accordance with
section 3109 of title 5, United States Code, under regulations
prescribed by the Secretary of Defense, and to pay in connection
therewith travel expenses of individuals, including actual
transportation and per diem in lieu of subsistence while traveling from
teir homes or places of business to official duty stations and return as
may be authorized by law: Provided, That such contracts may be renewed
annually.
Sec. 704. // 31 USC 700 // During the current fiscal year, provisions
of law prohibiting the payment of compensation t, or employment of, any
person not a citizen of the United States shall not apply to personnel
of the Department of Defense.
Sec. 705. Appropriations contained in this Act shall be available
for insurance of official motor vehicles in foreign countries, when
required by laws of such countries; payments in advance of expenses
determined by the investigating officer to be necessary and in accord
with local custom for conducting investigations in foreign countries
incident to matters relating to the activities of the department
concerned; reimbursement to General Services Administration for
security guard services for protection of confidential files; and all
necessary expenses, at the seat of government of the United States of
America or elsewhere, in connection with communication and other
services and supplies as may be necessary to carry out the purposes of
this Act.
Sec. 706. // 31 USC 649a. // Any appropriation available to the
Army, Navy, or Air Force may, under such regulations as the Secretary
concerned may prescribe, be used for expenses incident to the
maintenance, pay, and allowances of prisoners of war, other persons in
Army, Navy, or Air Force custody whose status is determined by the
Secretary concerned to be similar to prisoners of war, and persons
detained in such custody pursuant to Presidential proclamation.
Sec. 707. Appropriations available to the Department of Defense for
the current fiscal year for maintenance or construction shall be
available for acquisition of land or interest therein as authorized by
section 2672 or 2675 of title 10, United States Code.
Sec. 708. Appropriations for the Department of Defense for the
current fiscal year shall be available, (a) for transportation to
primary and secondary schools of minor dependents of military and
civilian personnel of the Department of Defense as authorized for the
Navy by section 7204 of title 10, United States Code; (b) for expenses
in connection with administration of occupied areas; (c) for payment of
rewards as authorized for the Navy by section 7209(a) of title 10,
United States Code, for information leading to the discovery of missing
naval property or the recovery thereof; (d) for payment of deficiency
judgments and interests thereon arising out of condemnation proceedings;
(e) for leasing of buildings and facilities including payment of
rentals for special prupose space at the seat of government, and in the
conduct of field exercises and maneuvers or, in administering the
provisions of title 43, United States Code, section 315q, rentals may be
paid in advance; (f) payments under contracts for maintenance of tools
and facilities for twelve months beginning at any time during the fiscal
year; (g) maintenance of defense access roads certified as important to
national defense in accordance with section 210 of title 23, United
States Code; (h) for the purchase of milk for enlisted personnel of the
Department of Defense heretofore made available pursuant to section
1446a, title 7, United States Code, and the cost of milk so purchased,
as determined by the Secretary of Defense, shall be included in the
value of the commuted ration; (i) transporting civilian clothing to the
home of record of selective service inductees and recruits on entering
the military services; (j) payments under leases for real or personal
property for twelve months beginning at any time during the fiscal year;
and (k) pay and allowances of not to exceed nine persons, including
personnel detailed to International Military Headquarters and
Organizations, at rates provided for under section 625(d)(1) of the
Foreign Assistance Act of 1961, // 22 USC 2385. // as amended.
Sec. 709. // 10 USC 858 // Appropriations for the Department of
Defense for the current fiscal year shall be available for: (a)
donations of not to exceed $25 to each prisoner upon each release from
confinement in military or contract prison and to each person discharged
for fraudulent enlistment; (b) authorized issues of articles to
prisoners, applicants for enlistment and persons in military custody;
(c) subsistence of selective service registrants called for induction,
applicants for enlistment, prisoners, civilain employees as authorized
by law, and super--, numeraries when necessitated by emergent military
circumstances; (d) reimbursement for subsistence of enlisted personnel
while sick in hospitals; (e) expenses of prisoners confined in
non-military facilities; (f) military courts, boards, and commissions;
(g) utility services for buildings erected at private cost, as
authorized by law, and buildings on military reservations authorized by
regulations to be used for welfare and recreational purposes; (h)
exchange fees, and losses in the accounts of disbursing officers or
agents in accordance with law; (i) expenses of Latin American
cooperation as authorized for the Navy by law (10 U.S.C. 7208); (j) //
10 USC 807 // expenses of apprehension and delivery of deserters,
prisoners, and members absent without leave, including payment of
rewards of not to exceed $75 in any one case; and (k) expenses of
arrangements with foreign countries for cryptologic support.
Sec. 710. The Secretary of Defense and each purchasing and
contracting agency of the Department of Defense shall assist American
small and minority-owned business to participate equitably in the
furnishing of commodities and services financed with funds appropriated
under this Act by increasing, to an optimum level, the resources and
number of personnel jointly assigned to promoting both small and
minority business involvement in purchases financed with funds
appropriated herein, and by making available or causing to be made
available to such businesses, information, as far in advance as
possible, with respect to purchases proposed to be financed with funds
appropriated under this Act, and by assisting small and minority
business concerns to participate equitably as subcontractors on
contracts financed with funds appropriated herein, and by otherwise
advocating and providing small and minority business opportunities to
participate in the furnishing of commodities and services financed with
funds appropriated by this Act.
Ec. 711. No appropriation contained in this Act shall be available
for expenses of operation of messes (other than organized messes the
operating expenses of which are financed principally from
nonappropriated funds) at which meals are sold to officers or civilians,
except under regulations approved by the Secretary of Defense, which
shall (except under unusual or extraordinary circumstances) establish
rates for such meals sufficient to provide reimbursements of operating
expenses and food costs to the appropriations concerned: Provided, That
officers and civilians in a travel status receiving a perdiem allowance
in lieu of subsistence shall be charged at the rate of not less than
$2.50 per day: Provided further, That for the purposes of this section
payments for meals at the rates established hereunder may be made in
cash or by deduction from the pay of civilian employees: Provided
further, That members of organized nonprofit youth groups sponsored at
either the national or local evel, when extended the privilege of
visiting a military installation and permitted to eat in the general
mess by the commanding officer of the installation, shall pay the
commuted ration cost of such meal or meals.
Sec. 712. 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. 713. // 50 USC 100a. // During the current fiscal year no funds
available to agencies of the Department of Defense shall be used for the
operation, acquisition, or construction of new facilities or equipment
for new facilities in the continental limits of the United States for
metal scrap bailing or sheaaring or for melting or sweating aluminum
scrap unless the Secretary of Defense or an Assistant Secretary of
Defense designated by him determines, with respect to each facility
involved, that the operation of such facility is in the national
interest.
Sec. 714. (a) During the current fiscal year, the President may
exempt appropriations, funds, and contract authorizations, available for
military functions under the Department of Defense, from the provisions
of subsection (c) of section 3679 of the Revised Statutes, // 31 USC
665. // as amended, whenever he deems such action to be necessary in
the interest of national defense.
(b) Upon determination by the President that such action is
necessary, the Secretary of Defense is authorized to provide for the
cost of an airborne alert as an excepted expense in accordance with the
provisdions of section 3732 of the Revised Statutes (41 U.S.C. 11).
(c) Upon determination by the President that it is necessary to
increase the number of military personnel on active duty subject to
existing laws beyond the number for which funds are provided in this
Act, the Secretary of Defense is authorized to provide for the cost of
such increased military personnel, as an excepted expense in accordance
with the provisions of section 3732 of the Revised Statutes (41 U.S.C.
11).
(d) The Secretary of Defense shall immediately advise Congress of the
exercise of any authority granted in this section, and shall report
monthly on the estimated obligations incurred pursuant to subsections
(b) and (c).
Sec. 715. No appropriation contained in this Act shall be available
in connection with the operation of commissary stores of the agencies of
the Department of Defense for the cost of purchase (including commercial
transportation in the United States to the place of sale but excluding
all transportation outside the United States) and maintenance of
operating equipment and supplies, and for the actual or estimated cost
of utilities as may be furnished by the Government and of shrinkage,
spoilage, and pilferage of merchandise under the control of such
commissary stores, except as authorized under regulations promulgated by
the Secretaries of the military departments concerned with the approval
of the Secretary of Defense, which regulations shall provide for
reimbursement therefor to the appropriations concerned and,
notwithstanding any other provision of law, shall provide for the
adjustment of the sales prices in such commissary stores to the extent
necessary to furnish sufficient gross revenues from sales of commissary
stores to make such reimbursement: Provided. That under such
regulations as may be issued prusuant to this section all utilities may
be furnished without cost to the commissary stores outside the
continental United States and in Alaska: Provided further, That no
appropriation contained in this Act shall be available in connection
with the operation of commissary stores within the continental United
States unless the Secretary of Defense has certified that items normally
procured from commissary stores are not otherwise available at a
reasonable distance and a reasonable price in satisfactory quality and
quantity to the military and civilian employees of the Department of
Defense.
Sec. 716. No part of the appropriations in this Act shall be
available for any expense of operating aircraft under the jurisdiction
of the armed forces for the purpose of proficiency flying, as defined in
Department of Defense Directive 1340.4, except in accordance with
regulations prescribed by the Secretary of Defense. Such regulations
(1) may not require such flying except that required to maintain
proficiency in anticipation of a member's assignment to combat
operations and (2) such flying may not be permitted in cases of members
who have been assigned to a course of instruction of ninety days or
more.
Sec. 717. No part of any appropriation contained in this Act shall
be available for expense of transportation, packing, crating, temporary
storage, drayage, and unpacking of household goods and personal effects
in any one shipment having a net weight in excess of thirteen thousand
five hundred pounds.
Sec. 718. // 40 USC 483a. // Vessels under the jurisdiction of the
Department of Commerce, the Department of the Army, the Department of
the Air Force, or the Department of the Navy may be transferred or
otherwise made available without reimbursement to any such agencies upon
the request of the head of one agency and the approval of the agency
having jurisdiction of the vessels concerned.
Sec. 719. Not more than 20 per centum of the appropriations in this
Act which are limited for obligation during the current fiscal year
shall be obligated during the last two months of the fiscal year:
Provided, That this section shall not apply to obligations for support
of active duty training of civilian components or summer-camp training
of the Reserve Officers' Training Corps.
Sec. 720. During the current fiscal year the agencies of the
Department of Defense may accept the use of real property from foreign
countries for the United Statesd in accordance with mutual defense
agreements or occupational arrangements and may accept services
furnished by foreign countries as reciprocal international courtesies or
as services customarily made available without charge: and such
agencies may use the same for the support of the United States forces in
such areas without specific appropriation therefor.
In addition to the foregoing, // 31 USC 700a // agencies of the
Department of Defense may accept real property, services, and
commodities from foreign countries for the use of the United States in
accordance with mutual defense agreements or occupational arrangements
and such agencies may use the same for the support of the United States
forces in such areas, without specific appropriations therefor:
Provided, That the foregoing authority shall not be available for the
conversion of heating plants from coal to oil at defense facilities in
Europe: Provided further, That within thirty days after the end of each
quarter of the Secretary of Defense shall render to Congress and to the
Office of Management and Budget a full report of such property,
supplies, and commodities received during such quarter.
Sec. 721. During the current fiscal year, appropriations available
to the Department of Defense for research and development may be used
for the purposes of section 2353 of title 10, United States Code, and
for purposes related to research and development for which expendituresd
are specifically authorized in other appropriations of the service
concerned.
Sec. 722. No appropriation contained in this Act shall be available
for the payment of more than 75 per centum of charges of educational
institutions for tuition or expenses of off-duty training of military
personnel (except with regard to such charges of educational
institutions for military personnel in off-duty high school completion
programs, for which payment of 100 per centum may be made), nor for the
payment of any part of tuition or expenses for such training for
commissioned personnel who do not agree to remain on active duty for two
years after completion of such training.
Sec. 723. // 10 USC 2103. // No part of the funds appropriated
herein shall be expended for the support of any formally enrolled
student in basic courses of the senior division, Reserve Officers'
Training Corps, who has not executed a certificate of loyalty or loyalty
oath in such form as shall be prescribed by the Secretary of Defense.
Sec. 724. No part of any appropriation contained in this Act, except
for small pruchases in amounts not exceeding $10,000, shall be available
for the procurement of any article of food, clothing, cotton, woven silk
or woven silk blends, spun silk yarn for cartridge cloth, synthetic
fabric or coated synthetic fabric, or wool (whether in the form of fiber
or yarn or contained in fabrics, materials, or manufactured articles),
or specialty metals including stainless steel flatware, not grown,
resprocessed, reused, or produced in the United States or its
possessions, except to the etent that the Secretary of the Department
concerned shall determine that a satisfactory quality and sufficient
quantity of any articles of food or clothing or any form of cotton,
woven silk and woven silk blends, spun silk yarn for cartridge cloth,
synthetic fabric or coated synthetic fabric, wool, or specialty metals
including stainless steel flatware, grown, reprocessed, reused, or
produced in the United States or its possessions cannot be procured as
and when needed at United States market prices and except procurements
outside the United States in support of combat operations, procurements
by vessels in foreign waters, and emergency procurements or procurements
of perishable foods by establishments located outside the United States
for the personnel attached thereto: Provided, That nothing herein shall
preclude the procurement of specialty metals or chemical warfare
protective clothing produced outside the United States or its
possessions when such procurement is necessary to comply with agreements
with foreign governments requiring the United States to purchase
supplies from foreign sources for the purposes of offsetting sales made
by the United States Government or United States firms under approved
programs serving defense requirements or where such procurement is
necessary in furtherance of the standardization and interoperability of
equipment requirements within NATO so long as such agreements with
foreign governments comply, where applicable, with the requirements of
section 36 of the Arms Export Control Act // 22 USC 2776. // and with
section 814 of the Department of Defense Appropriation Authorization
Act, 1976: // 89 Stat. 540. // Provided further, That nothing herein
shall preclude the procurement of foods manufactured or processed in the
United States or its possessionsd: Provided further, That no funds
herein appropriated shall be used for the payment of a price
differential on contracts hereafter made for the purpose of relieving
economic dislocations: Provided further, That none of the funds
appropriated in this Act shall be used except that, so far as
practicable, all contracts shall be awarded on a formally advertised
competitive bid basis to the lowest responsible bidder.
Sec. 725. None of the funds appropriated by this Act shall be used
for the construction, replacement, or reactivation of any bakery,
laundry, or drycleaning facility in the United States, its territories
or possessions, as to which the Secretary of Defense does not certify in
writing, giving his reasons therefor, that the services to be furnished
by such facilities are not obtainable from commercial sources at
reasonable rates.
Sec. 726. None of the funds appropriated by this Act may be
obligated under section 206 of title 37, United States Code, for
inactive duty training pay of a member of the National Guard or a member
of a reserve component of a uniformed service for more than four periods
of equivalent training, instruction, duty or appropriate duties that are
performed instead of that member's regular period of instruction or
regular period of appropriate duty.
Sec. 727. Appropriations contained in this Act shall be available
for the purchase of household furnishings, and automobiles from military
and civilian personnel on duty outside the continental United States,
for the purpose of resale at cost to incoming personnel, and for
providing furnishings, without charge, in other than public quarters
occupied by military or civilian personnel of the Department of Defense
on duty outside the continental United States or in Alaska, upon a
determination, under regulations approved by the Secretary of Defense,
that such action is advantageous to the Government.
Sec. 728. During the current fiscal year, appropriations available
to the Department of Defense for pay of civilian employees shall be
available for uniforms, or allowances therefor, as authorized by law (k
U.S.C. 5901; 80 Stat. 508).
Sec. 729. Funds provided in this Act for legislative liaison
activities of the Department of the Army, the Department of the Navy,
the Department of the Air Force, and the Office of the Secretary of
Defense shall not exceed $6,900,000 for fiscal year 1980: Provided,
That this amount shall be available for apportionment to the Department
of the Army, the Department of the Navy, the Department fo the Air
Force, and the Office of the Secretary of Defense as determined by the
Secretary of Defense.
Sec. 730. Of the funds made available by this Act for the services
of the Military Airlift Command, $100,000,000 shall be available only
for procurement of commercial transportation service from carriers
participating in the civil reserve air fleet program; and the Secretary
of Defense shall utilize the services of such carriers which qualify as
small businesses to the fullest extent found practicable: Provided,
That the Secretary of Defense shall specify in such procurement,
performance characteristics for aircraft to be used based upon modern
aircraft operated by the civil reserve air fleet.
Sec. 731. During the current fiscal year, appropriations available
to the Department of Defense for operation may be used for civilian
clothing, not to exceed $40 in cost for enlisted personnel: (1)
discharged for misconduct, unsuitability, or otherwise than honorably;
(2) sentenced by a civil court to confinement in a civil prison or
interned or discharged as an alien enemy; or (3) discharged prior to
completion of recruit training under honorable conditions for
dependency, hardship, minority, disability, or for the convenience of
the Government.
Sec. 732. No part of the funds appropriated herein shall be
available for paying the costs of advertising by any defense contractor,
except advertising for which payment is made from profits, and such
advertising shall not be considered a part of any defense contract cost.
The prohibition contained in this section shall not apply with respect
to advertising conducted by any such contractor, in compliance with
regulations which shall be promulgated by the Secretary of Defense,
solely for (1) the recruitment by the contractor of personnel required
for the performance by the contractor of obligations under a defense
contract, (2) the procurement of scarce items required by the contractor
for the performance of a defense contract, or (3) the disposal of scrap
or surplus materials acquired by the contractor in the performance of a
defense contract.
Sec. 733. Funds appropriated in this Act for maintenance and repair
of facilities and installations shall not be available for acquisition
of new facilities, or alteration, expansion, extension, or addition of
existing facilities, as defined in Department of Defense Directive
7040.2, dated January 18, 1961, in excess of $100,000: Provided, That
the Secretary of Defense may amend or change the said idrective during
the current fiscal year, consistent with the purpose of this section.
Sec. 734. Upon determination by the Secretary of Defense that such
action is necessary in the national interest, he may, with the approval
of the Office of Management and Budget, transfer not to exceed
$750,000,000 of working capital funds of the Department of Defense or
funds made available in this Act to the Department of Defense for
military functions (except military construction) between such
appropriations or funds or any subdivision thereof, to be merged with
and to be available for the same pruposes, and for the same time period,
as the appropriation or fund to which transferred: Provided, That such
authority to transfer may not be used unless for higher priority items,
based on unforeseen military requirements, than those for which
originally appropriated and in no case where the item for which funds
are requested has been denied by Congress: Provided further, That the
Secretary of Defense shall notify the Congress promptly of all transfers
made pursuant to this authority.
Sec. 735. None of the funds appropriated by this Act may be used to
make payments under contracts for any program, project, or activity in a
foreign country unless the Secretary of Defense or his designee, after
consultation with the Secretary of the Treasury or his designee,
certifies to the Congress that the use, by purchase from the Treasury,
of currencies of such country acquired pursuant to law is not feasible
for the purpose, stating the reason therefor.
Sec. 736. During the current fiscal year, cash balances in working
capital funds of the Department of Defense established pursuant to
section 2208 of title 10, United States Code, may be maintained in only
such amounts as are necessary at any time for cash disbursements to be
made from such funds: Provided, That transfers may be made between such
funds in such amounts as may be determined by the Secretary of Defense,
with the approval of the Office of Managemen and Budget, except that
transfers between a stock fund account and an industrial fund account
may not be made unless the Secretary of Defense has notified the
Congress of the proposed transfer. Except in amounts equal to the
amounts appropriated to working capital funds in this Act, no
obligations may be made against a working capital fund to procure war
reserve material inventory, unless the Secretary of Defense has notified
the Congress prior to any such obligation.
Sec. 737. Not more than $179,900,000 of the funds appropriated by
this Act shall be made available for payment to the Federal Employees
Compensation Fund, as established by 5 U.S.C. 8147.
Sec. 738. No part of the funds appropriated under this Act shall be
used to pay salaries of any Federal employee who is convicted in any
Federal, State, or local court of competent jurisdiction, of inciting,
promoting, or carrying on a riot, or any group activity resulting in
material damage to property or injury to persons, found to be in
violation of Deferal, State, or local laws designed to protect persons
or property in the community concerned.
Sec. 739. No part of the funds appropriated under thsi Act shall be
used to provide a loan, guarantee of a loan, or a grant to any applicant
who has been convicted by any court of general jurisdiction of any crime
which involves the use of or the assistance to others in the use of
force, trespass, or the seizure of property under control of an
institution of higher education to prevent officials or students at such
an institution from engaging in their duties or pursuing their studies.
Sec. 740. None of the funds available to the Department of Defense
shall be utilized for the conversion of heating plants from coal to oil
at defense facilities in Europe.
Sec. 741. None of the funds appropriated by this Act shall be
available for any research involving uninformed or nonvoluntary human
beings as experimental subjects.
Sec. 742. Appropriations for the current fiscal year for operation
and maintenance of the active forces shall be available for medical and
dental care of personnel entitled thereto by law or regulation
(including charges of private facilities for care of military personnel,
except elective private treatment); welfare and recreation; hire of
passenger motor vehicles; repair of facilities; modification of
personal property; design of vessels; industrial mobilization;
installation of equipment in public and private plants; military
communications facilities on merchant vessels; acquisition of services,
special clothing, supplies, and equipment; and expenses for the Reserve
Officers' Training Corps and other units at educational institutions.
Sec. 743. No par tof the funds in this Act shall be available to
prepare of present a request to the Committees on Appropriations for the
reprogramming of funds, unless for higher priority items, based on
unforeseen military requirementsd, than those for which originally
appropriated and in no case where the item for which reprogramming is
requested has been denied by the Congress.
Sec. 744. No funds appropriated by this Act shall be available to
pay claims for nonemergency inpatient hospital care provided under the
Civilian Health and Medical Program of the Uniformed Services for
services available at a facility of the uniformed services within a
40-mile radius of the patient's residence.
Sec. 745. None of the funds contained in this Act available for the
Civilian Health and Medical Program of the Uniformed Services under tyhe
provisions of section 1079(a) of title 10, United States Code, shall be
available for (a) services of pastoral counselors, or family and child
counselors, or marital counselors unless the patient has been referred
to such counselor by a medical doctor for treatment of a specific
problem with results of that treatment to be communicated back to the
physician who made such referral; (b) special education, except when
provided as secondary to the active psychiatric treatment on an
institutional inpatient basis; (c) therapy or counseling for sexual
dysfunctions or sexual inadequacies; (d) treatment of obesity when
obesity is the sole or major condition treated; (e) reconstructive
surgery justified solely on psychiatric needs including, but not limited
to, mammary augmentation, face lifts and sex gender changes; (f)
reimbursement of any physician or other authorized individual provider
of medical care in excess of the eightieth percentile of the customary
charges made for similar services in the same locality where the medical
care was furnished, as determined for physicians in accordance with
section 1079(h) of title 10, United States Code; or (g) any service or
supply which is not medically or psychologically necessary to prevent,
diagnose, or treat a mental or physical illness, injury, or bodily
malfunction as asessed or diagnosed by a physician, dentist, clinical
psychologist, optometrist, certified nurse-midwife, or, for the purpose
of conducting a test during fiscal year 1980, by a certified psychiatric
nurse or other certified nurse practitioner, as appropriate, except as
authorized by section 1079(a)(4) of title 10, United States Code.
Sec. 746. Funds appropriated in this Act shall be available for the
appointment, pay, and support of persons appointed, as cadets and
midshipmen in the two-year Senior Reserve Officers' Training Corps
course in excess of the 20 percent limitation on such persons imposed by
section 2107(a) of title 10, United States Code, but not to exceed 60
pecent of total authorized scholarships.
Sec. 747. None of the funds appropriated by this Act shall be
available to pay any member of the uniformed service for unused accrued
leave pursuant to section 501 of title 37, United States Code, for more
than sixty days of such leave, less the number of days for which payment
was previously made under section 501 after February 9, 1976.
Sec. 748. None of the funds appropriated by this Act may be used to
support more than 300 enlisted aides for officers in the United States
Armed Forces.
Sec. 749. No appropriation contained in this Act may be used to pay
for the cost of public affairs activities of the Department of Defense
in excess of $25,000,000.
Sec. 750. None of the funds provided in this Act shall be available
for the planning or execution of programs which utilize amounts credited
to Department of Defense appropriations or funds pursuant to the
provisions of section 37(a) of the Arms Export Control Act // 22 USC
2777. // representing payment for the actual value of defense articles
specified in section 21(a)(1) of that Act; // 22 USC 2761. //
Provided, That such amounts so credited shall be deposited in the
Treasury as miscellaneous receipts as provided in 31 U.S.C. 484.
Sec. 751. During the current fiscal year, for the purpose of
conducting a test to evaluate a capitation approach to providing medical
care and to that end for the purpose of providing adequate funds in
Departmtne of Defense Medical Regiona 1 and 7 for medical care,
including the expenses of the Civilian Health and Medical Program of the
Uniformed Services, funds available to the Department of Defense in the
appropriation " Operation and Maintenance, Defense Agencies" for
expenses of the Civilian Health and Medical Program of the Uniformed
Services may be transferred to appropriations available to the military
departments for operation and maintenance, and funds available to the
military departments for operation and maintenance may be transferred
between such appropriations: Provided, That funds transferred pursuant
to this authority shall be merged with and made available for the same
purpose as the appropriation to which transferred; Provided further,
That the Secretary of Defense shall notify the Congress promptly of all
transfers made pursuant to this authority: Provided further, That
transfer authority provided herein shall be in addition to that provided
in section 734 of this Act.
Sec. 752. No appropriation contained in this Act shall be available
to fund any costs of a Senior Reserve Officers' Training Corps unit--,
except to complete training of personnel enrolled in Military Science
4--which in its junior year class (Military Science 3) has for the four
preceding academic years, and as of September 30, 1979, enrolled less
than (a) seventeen students where the institution prescribes a four--,
year or a combination four-and two-year program; or (b) twelve students
where the institution prescribes a two-year program; Provided, That,
notwithstanding the foregoing limitation, funds shall be available to
maintain one Senior Reserve Officers' Training Corps unit in each State
and at each State-operated maritime academy: Provided further, That
units under the consortium system shall be considered as a single unit
for purposes of evaluation of productivity under this provisions.
Sec. 753. (a) None of the funds appropriated by this Act or
available in any working capital fund of the Department of Defense shall
be available to pay the expenses attributable to lodging of any person
on official business away from his designated post of duty, or in the
case of an invididual described under section 5703 of title 5, United
States Code, his home or regular place of duty, when adequate government
quarters are available, but are not occupied by such person.
(b) The limitation set forth in subsection (a) is not applicable to
employees whose duties require opfficial travel in excess of fifty
percen tof the total number of the basic administrative work weeks
during the current fiscal year.
Sec. 754. (a) None of the funds appropriated by this Act shall be
available to pay the retainer pay of any enlisted member of the Regular
Navy, the Naval Reserve, the Regular Marine Corps, or the Marine Corps
Reserve who is transferred to the Fleet Reserve or the Fleet Marine Cops
Reserve under section 6330 of title 10, United States Code, on or after
December 31, 1977, if the provisions of section 6330(d) of title 10, are
utilized in determining such member's eligibility for retirement under
section 6330(b) of title 10: Provided, That notwithstanding the
foregoing, time creditable as activ service for a completed minority
enlistment, and an enlistment terminated within three months before the
end of the term of enlistment under section 6330(d) of title 10, prior
to December 31, 1977, may be utilized in determining eligibility for
retirement: Provided further, That not--, withstanding the foregoing,
time may be credited as active service in determining a member's
eligibility for retirement under section 6330(b) of title 10 pursuant to
the provisions of the first sentence of section 6330(d) of title 10 for
those members who had formally requested transfer to the Fleet Reserve
or the Fleet Marine Corps Reserve on or before October 1, 1977.
(b) None of the funds appropriated by this Act shall be available to
pay that portion of the retainer pay of any enlisted member of the
Regular Navy, the Naval Reserve, the Regular Marine Corps, or the Marine
Corps Reserve who is transferred to the Fleet Reserve or the Fleet
Marine Corps Reserve under section 6330 of title 10, United States Code,
on or after December 31, 1977, which is attributable under the second
sentence of section 6330(de of title 10 to time which, after December
31, 1977, is not actually served by such member.
Sec. 755. None of the funds appropriated by this Act for programs of
the Central Intelligence Agency shall remain available for obligation
beyond the current fiscal year.
Sec. 756. None of the funds provided by this Act may be used to pay
the salaries of any person or persons who authorize the transfer of
unobligated and deobligated appropriations into the Reserve for
Contingencies of the Central Intelligence Agency.
Sec. 757. None of the funds appropriated by this Act may be used to
support more than 9,901 full-time and 2,603 part-time military personnel
assigned to or used in the support of Morale, Welfare, and Recreation
activities as described in Department of Defense Instruction 7000.12 and
its enclosures, dated July 17, 1974.
Sec. 758. During the current fiscal year, the Department of Defense
may guarantee loans pursuant to title III of the Defense Production Act
of 1950 as amended (50 U.S.C. App. 2091, 64 Stat. 800) in an amount not
to exceed $30,000,000.
Sec. 759. None of the funds appropriated by this Act may be used for
the consolidation or realignment of advanced or undergraduate pilot
training squadrons of the Navy as currently proposed by the Department
of Defense.
Sec. 760. All obligations incurred in anticipation of the
appropriations and authority provided in this Act are hereby ratified
and confirmed if otherwise in accordance with the provisions of this
Act.
Sec. 761. None of the funds appropriated by this Act shall be
obligated under the Competitive Rate Program of the Department of
Defense for the transportation of household goods to or from Alaska or
Hawaii.
Sec. 762. None of the funds provided by this Act shall be used to
perform abortions except where the life of the mother would be
endangered if the fetus were carried to term; or except for such
medical procedures necessary for the victims of rape or incest when such
rape or incest has been reported promptly to a law enforcement agency or
pulic health service;
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.
Sec. 763. None of the funds appropriated by this Act shall be
available after July 1, 1980, to convert civilian technician positions
that support the reserve components to military positions.
Sec. 764. None of the funds appropriated by this Act shall be
available for paying to the Administrator of the General Services
Administration the standard level user charge established pursuant to
section 210(j) of the Federal Property and Administrative Services Act
of 1949, as amended (40 U.S.C. 490), for space and services for any
month after January 1, 1980, unless the Administrator has in effect,
during that month, regulations, provided for by section 203(j) of the
Federal Property and Administrative Services Act of 1949 (40 U.S.C.
484(j)), that require the recovery of the costs of care and handling of
surplus property under the control of the Department of Defense that is
disposed of under the provisions of that section.
Sec. 765. During the current fiscal year, funds appropriated by this
Act shall be available to provide for the leas E of a facility,
regardless of location, designated by the Secretary of Defense for
cryptologic purposes; and for alterations, improvement, and repair of
that facility notwithstanding any other provisions of law. Funding for
lease, alterations, improvement, and repair shall not exceed one million
dollars. Further, funds appropriated by this Act shall be available to
provide support in accordance with sections 4 and 8 of the Central
Intelligence Agency Act of 1949, as amended (50 U.S.C. 403e and 403j),
to certain Department of Defense cryptologic personnel stationed
overseas as designated by the Secretary of Defense.
Sec. 766. None of the funds appropriated by this Act or any other
Act appropriating funds for fiscal year 1980 or for subsequent fiscal
years shall be available to pay the basic compensation of an individual
employed on September 30, 1979, as a teacher or in a teaching position
with the Canal Zone Government who is transferred to such a position in
the Department of Defense in an amount in excess of the greater of:
(a) the amount of basic compensation an individual with
comparable experience and level of education is entitled to
receive pursuant to section 5(c) of the Defense Department
Overseas Teachers Pay and Personnel Practices Act (20 U.S.C. 903(
c)); or
(b) for fiscal year 1980--the amount to which such individual
was or would have been entitled to receive based on the
established rates of basic compensation in effect on September 30,
1979, for such employees of the Canal Zone Government, plus seven
percent of that amount: Provided, That this limitation shall not
preclude a proportionate adjustment in the basic compensation of
such an invididual to reflect an increase in the number of working
days in the school year as a result of the transfer; or
(c) for fiscal year 1981 and subsequent fiscal years--the
amount payable based on the rates of basic compensation in effect
(including the limitations contained in this section) on September
30th of the fiscal year preceding the fiscal year for which
payment is to be made, plus an amount equal to one-half of the
increase in basic compensation for the school year in progress on
October 1st in the fiscal year for which payment is to be made
compared to the basic compensation for the previous school year,
that an individual with comparable experience and level of
education is entitled to receive pursuant to section 5( c) of the
Defense Department Overseas Teachers Pay and Personnel Practices
Act (20 U.S.C. 903(c)).
Sec. 767. Supplies available in inventories financed by working
capital funds established pursuant to section 2208 of title 10, United
States Code // 10 USC 2208 // may hereafter be sold to contractors for
use in performing contracts with the Department of Defense.
Sec. 768. None of the funds appropriated by this Act shall be
available to pay the retired pay of a person whose military retirement
is based on a physical disability who, on or after November 1, 1979, is
retired under section 8337 of title 5, United States Code, on the basis
of the same disability upon which his military retirement is based:
Provided, That the foregoing limitation shall not apply to a person who
had applied for retirement under section 8337 of title 5, United Statesd
Code, prior to November 1, 1979: Provided further, That the foregoing
limitation shall not apply to a person who is retired upon application
of his employing agency under the provisions of section 8337 of title 5,
United States Code, or who is mentally incompetent,
Sec. 769. None of the funds appropriated by this Act shall be used
for the provision, care of treatment to dependents of members or former
members of the Armed Services or the Department of Defense for the
elective correction of minor dermatological blemishes and marks or minor
anatomical anomalies.
Sec. 770. The Secretary of the Air Force shall acquire and install,
with such funds as may be available to him, a civilian early warning
system at each Titan II missile site to the extent found necessary or
desirable by the study conducted pursuant to section 813 of the
Department of Defense Authorization Act, 1980.
For necessary expenses of the Intelligence Community Staff,
$11,527,000.
and
Disability Fund
For payment to the Central Intelligence Agency Retirement and
Disability Fund, to maintain proper funding level for continuing the
operation of the Central Intelligence Agency Retirement and Disability
System; $51,600,000.
This Act may be cited as the " Department of Defense Appropriation
Act, 1980".
Approved December 21, 1979.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 96 - 450 (Comm. on Appropriations) and No. 96 -
696 (Comm. of Conference).
SENATE REPORT No. 96 - 393 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 125 (1979):
Sept. 26 - 28, considered and passed House.
Nov. 6, 9, considered and passed Senate, amended.
Dec. 12, House agreed to conference report; concurred to
certain Senate amendments, in others with amendment.
Dec. 13, Senate agreed to conference report; concurred in
House amendments.
PUBLIC LAW 96-153, 93 STAT, 1101, HOUSING AND COMMUNITY DEVELOPMENT
AMENDMENTS OF 1979.
housing, community and
neighborhood development and preservation, and related
programs, 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 // 42 USC
5301 // may be cited as the " Housing and Community Development
Amendments of 1979".
Sec. 101. (a) Section 312(d) of the Housing Act of 1964 // 42 USC
1452b. // is amended--,
(1) by striking out "and not to exceed $245,000,000 for the
fiscal year beginning on October 1, 1978" in the first sentence
and inserting in lieu thereof "not to exceed $245,000,000 for the
fiscal year beginning on October 1, 1978, and not to exceed
$140,000,000 for the fiscal year beginning on October 1, 1979";
and
(2) by adding at the end thereof the following new sentence: "
Of the amounts available for loans under this section during any
fiscal year beginning on or after October 1, 1979, the Secretary
may utilize not more than $75,000,000 for rehabilitation loans for
multifamily properties.".
(b) Section 312(h) of such Act is amended--,
(1) by striking out " November 30, 1979" and inserting in lieu
thereof " September 30, 1980"; and
(2) by striking out " December 1, 1979" and inserting in lieu
thereof " October 1, 1980".
(c) Subsections (i) and (j) of section 312 of such Act, // 92 Stat.
2081. // as added by section 101(b) of the Housing and Community
Development Amendments of 1978, // 42 USC 1452b. // are redesignated as
subsections (j) and (k), respectively.
Sec. 102. The second sentence of section 701(e) of the Housing Act
of 1954 // 40 USC 461. // is amended by striking out "and not to exceed
$57,000,000 for the fiscal year 1979" and inserting in lieu thereof "not
to exceed $57,000,000 for the fiscal year 1979, and not to exceed
$50,000,000 for the fiscal year 1980".
Sec. 103. (a) Section 103(c) of the Housing and Community
Development Act of 1974 // 42 USC 5303. 42 USC 5318. // is amended by
striking out "a sum not in excess of $400,000,000 for supplemental grant
assistance under section 119 for each of the fiscal years 1978, 1979,
and 1980" and inserting in lieu thereof "for supplemental grant
assistance under section 119 a sum not to exceed $400,000,000 for each
of the fiscal years 1978 and 1979, and not to exceed $675,000,000 for
the fiscal year 1980".
(b) Section 103(a)(2) of the Housing and Community Development Act of
1974 // 42 USC 5303. // is amended by striking out "$250,000,000 for
the fiscal year 1980" and inserting in lieu thereof "$275,000,000 for
the fiscal year 1980".
(c) Section 104(b)(3) of such Act // 42 USC 5304. // is amended to
read as follows:
"(3) The Secretary may waive all or part of the requirements
contained in paragraphs (1), (2), and (3) of subsection (a) if (A) the
application does not involve a comprehensive community development
program, as determined by the Secretary, and (B) the Secretary
determines that, considering the nature of the activity to be carried
out, such waiver is not inconsistent with the purposes of this title.".
(d) Section 106(m) of such Act // 42 USC 5306. // is amended by
striking out "or fiscal year 1979" and inserting in lieu thereof ",
fiscal year 1979, or fiscal year 1980".
(e) Section 106(b) of such Act is amended by adding at the end
thereof the following new paragraph:
"(5) In computing amounts under this section with respect to any
urban county, there shall be included all of the area of any unit of
local government which is part of, but is not located entirely within
the boundaries of, such urban county if the part of such unit of local
government which is within the boundaries of such urban county would
otherwise be included in computing the amount for such urban county
under this section, and if the part of such unit of local government
which is not within the boundaries of such urban county is not included
as a part of any other unit of local government for the purpose of this
section. Any amount received by such urban county under this section
may be used with respect to the part of such unit of local government
which is outside the boundaries of such urban county.".
(f) Section 102(a)(1) of such Act // 42 USC 5302. // is amended by
inserting "the Northern Mariana Islands," after " Guam,".
(g) Section 104(h) of such Act // 42 USC 5304. // is amended--,
(1) by inserting in the first sentence of paragraph (1)--,
// 42 USC 4321 //
the
following: "and other provisions of law which further
the
purposes of such Act (as specified in regulations
issued by
the Secretary)"; and
provisions of law as the regulations of the Secretary
specify,";
(2) by inserting in the second sentence of paragraph (2) after
" National Environmental Policy Act" the following: "of 1969 and
such other provisions of law as the regulations of the Secretary
specify"; and
(3) by inserting in paragraph (3)(D)(i)--,
of 1969" the
following: "and each provision of law specified in
regulations
issued by the Secretary"; and
provision
of law".
Sec. 104. (a) Section 119(b) of the Housing and Community
Development Act of 1974 // 42 USC 5318. // is amended by inserting
"(1)" after "(b)" and by adding at the end thereof the following:
"(2) A city or urban county which fails to meet the minimum standards
established pursuant to paragraph (1) shall be eligible for assistance
under this section if it meets the requirements of the first sentence of
paragraph (1), and--,
"(A) in the case of a city with a population of fifty thousand
persons or more or an urban county, contains an area (i) composed
of one or more contiguous census tracts, enumeration districts, or
block groups, as defined by the United States Bureau of Census,
having at least a population of ten thousand persons or 10 per
centum of the population of the city or urban county, (ii) in
which at least 70 per centum of the residents have incomes below
80 per centum of the median income of such city or urban county,
and (iii) in which at least 30 per centum of the residents have
incomes of below the national poverty level; or
"(B) in the case of a city with a population of less than fifty
thousand persons, contains an area (i) composed of one or more
contiguous census tracts, enumeration districts, or block groups
or other areas defined by the United States Bureau of Census or
for which data certified by the United States of Census are
available having at least a population of two thousand and five
hundred persons or 10 per centum of the population of such city,
whichever is greater, (ii) in which at least 70 per centum of the
residents have incomes below 80 per centum of the median income
for such city, and (iii) in which at least 30 per centum of the
residents have incomes of below the national poverty level.
The Secretary shall utilize up to, but not more than, 20 per centum of
the funds appropriated for use in any fiscal year under this section for
the purpose of making grants to cities and urban counties eligible under
this paragraph.".
(b) Section 119(e) of such Act // 42 USC 5318. // is amended--,
(1) by striking out " In" after "(e)" and inserting in lieu
thereof "(1) Except in the case of a city or urban county eligible
under subsection (b)(2), in";
(2) by redesignating clauses (1), (2), and (3) as clauses (A),
(B), and (C); and
(3) by adding at the end thereof the following:
"(2) For the purpose of making grants with respect to areas described
in subsection (b)(2), the Secretary shall establish selection criteria,
which must include (A) factors determined to be relevant by the
Secretary in assessing the comparative degree of physical and economic
deterioration among eligible areas, and (B) such other criteria as the
Secretary may determine, including at a minimum the criteria listed in
clause (C) of paragraph (1) of this subsection.
"(3) The Secretary may not approve any grant to a city or urban
county eligible under subsection (b)(2) unless--,
"(A) the grant will be utilized in connection with a project
located in an area described in subsection (b)(2), except that the
Secretary may waive this requirement where the Secretary
determines (i) that there is no suitable site for the project
within such area, (ii) the project will be located directly
adjacent to such area, and (iii) the project will substantially
contribute to the physical and economic development of such area;
"(B) the city or urban county has demonstrated to the
satisfaction of the Secretary that basic services supplied by the
city or urban county to the area described in subsection (b)(2)
are at least equivalent, as measured by per capita expenditures,
to those supplied to other areas within the city or urban county
which are similar in population size and physical characteristics
and which have median incomes above the median income for the city
or urban county;
"(C) the grant will be utilized in connection with a project
which will directly benefit the low- and moderate-income families
and individuals residing in the area described in subsection (b)(
2); and
"(D) the city or urban county makes available, from its own
funds or from funds received from the State or under any Federal
program which permits the use of financial assistance to meet the
non-Federal share requirements of Federal grant-in-aid programs,
an amount equal to 20 per centum of the grant to be available
pursuant to this section to be used in carrying out the activities
described in the application.".
Sec. 105. Section 119 of the Housing and Community Development Act
of 1974 // 42 USC 5318. // is amended by adding at the end thereof the
following:
"(1) A grant may be made under this section only where the Secretary
determines that there is a strong probability that the non-Federal
investment in the project would not be made without such grant and where
the Secretary determines that there is a strong probability that the
grant would not substitute for non-Federal funds which are otherwise
available to the project.
"(m) For purposes of carrying out this section, the Secretary may
reduce or waive the requirement, as described in section 102(a)(5)(B)(
ii) and applied to recipients of community development grants, that a
town or township be closely settled.".
Sec. 106. Section 810 of the Housing and Community Development Act
of 1974 // 12 USC 1706e. // is amended--,
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following:
"(g)(1) The Secretary is authorized to reimburse the Administrator of
Veterans' Affairs, in an amount to be agreed upon by the Secretary and
the Administrator, for property which the Administrator conveys to a
unit of general local government, State, or agency for use in connection
with an urban homesteading program approved by the Secretary.
"(2) The Secretary is authorized to reimburse the Secretary of
Agriculture, in an amount to be agreed upon by the Secretary and the
Secretary of Agriculture, for property which the Secretary of
Agriculture conveys to a unit of general local government, State, or
agency for use in connection with an urban homesteading program approved
by the Secretary.".
Sec. 107. (a) Section 705 of the Housing and Community Development
Amendments of 1978 // 92 Stat. 2121. 42 USC 8124. // is amended by
striking out "$15,000,000" and inserting in lieu thereof "$13,500,000".
(b) Section 704(d) of such Act // 92 Stat. 2120. 42 USC 8123. // is
amended by inserting before the period at the end thereof the following:
", except that the Secretary may make such grants and other forms of
assistance available without such certification if such assistance is
made available for the demonstration of innovative means of assisting in
neighborhood conservation and revitalization, but not more than 10 per
centum of assistance made available under this title in any fiscal year
shall be made available without such certification".
Sec. 108. Section 807 of the Housing and Community Development
Amendments of 1978 // 92 Stat. 2124. 42 USC 8146. // is amended by
striking out "$10,000,000" and inserting in lieu thereof "$5,000,000".
Sec. 109. (a) Section 104(a)(4)(A) of the Housing and Community
Development Act of 1974 // 42 USC 5304. // is amended by inserting
before the comma at the end thereof the following: ", including the
impact of conversion of rental housing to condominium or cooperative
ownership on such needs".
(b) Not later than six months after the date of enactment of this
Act, // 42 USC 5304 // the Secretary of Housing and Urban Development
shall submit a report to the Congress concerning the conversion of
rental housing to condominium or cooperative ownership. Such report
shall at least include--,
(1) an estimate of the number of such conversions which have
occurred since 1970;
(2) a projection of the number of such conversions estimated to
occur during the period 1980 through 1985;
(3) an assessment of the impact that such conversions have had
or are likely to have on the availability of housing for lower
income persons;
(4) an assessment of the extent to which such conversions are
concentrated in certain areas or types of areas of the country;
and
(5) an assessment of the factors contributing to the increase
in such conversions.
The Secretary may also include in such report recommendations concerning
alternative means to minimize the adverse impact that such conversions
may have on lower income persons.
Sec. 201. (a) The first sentence of section 5(c) of the United
States Housing Act of 1937 // 42 USC 1437c. // is amended--,
(1) by striking out "and" immediately after " October 1,
1977,"; and
(2) by inserting immediately after "on October 1, 1978" the
following: ", and by $1,140,661,000 on October 1, 1979,".
(b) Section 5(c) of such Act is amended by inserting the following
after the third sentence: " Of the additional authority authorized by
the first sentence of this subsection on October 1, 1979, not more than
$195,053,000 is authorized to be approved in appropriation Acts for
units assisted under this Act // 42 USC 1437f. // other than under
section 8 (not less than $50,000,000 of which is authorized to be so
approved for modernization of such units with a preference being given
to the modernization of substandard vacant units). In no case may the
Secretary, with respect to the additional authority made available on
October 1, 1979, enter into annual contributions contracts aggregating
more than $195,053,000 for units assisted under this Act other than
under section 8.".
(c) Section 9(c) of such Act // 42 USC 1437g. // is amended--,
(1) by striking out "and" immediately after "on or after
October 1, 1977,"; and
(2) by inserting immediately before the period at the end
thereof the following: ", and not to exceed $741,500,000 on or
after October 1, 1979".
Sec. 202. (a) Section 3(1) of the United States Housing Act of 1937
// 42 USC 1437a. // is amended by striking out the third sentence and
inserting in lieu thereof the following: " The rental for any dwelling
unit shall not exceed that portion of the resident family's income which
the Secretary establishes on the basis of the relative level of income
of the family, but such rental shall not exceed 25 per centum of family
income in the case of a very low income family or, in the case of other
families, 30 per centum of such income.".
(b) Section 8(c)(3) of such Act // 42 USC 1437f. // is amended by
striking out the first and second sentences and inserting in lieu
thereof the following: " The amount of the monthly assistance payment
with respect to any dwelling unit shall be the difference between the
maximum monthly rent which the contract provides that the owner is to
receive for the unit and a portion of one-twelfth of the resident
family's income which the Secretary establishes on the basis of the
relative level of income of the family and on the basis of such other
factors as the number of minor children in the household and the extent
of medical and other unusual expenses incurred by the family. In
carrying out the previous sentence, the Secretary shall provide that--,
"(A) in the case of a very low income family, the amount of
such assistance payment shall be the difference between such rent
and not less than 15 per centum but not more than 25 per centum of
such family income, taking into consideration such relative level
of income and such other factors;
"(B) in the case of a large very low income family or a lower
income family with exceptional medical or other expenses, as
determined by the Secretary, the amount of such assistance payment
shall be the difference between such rent and 15 per centum of
such family income;
"(C) in the case of a very large lower-income family, the
amount of such assistance payment shall be the difference between
such rent and 20 per centum of such family income; and
"(D) in the case of other families, the amount of such
assistance payment shall be the difference between such rent and
not less than 20 per centum but not more than 30 per centum of
such family income, taking into consideration such relative level
of income and such other factors.".
(c) The amendments made by subsections (a) and (b) // 42 USC 1437a //
shall become effective on January 1, 1980, except that the amount of the
tenant contribution required of families whose occupancy of housing
units assisted under the United States Housing Act of 1937 // 42 USC
1437 // commenced prior to such date shall be determined in accordance
with the provisions of such Act in effect on December 31, 1979, so long
as such occupancy is continuous thereafter.
DEFINITIONS
Sec. 203. (a) Section 101 of the Housing and Urban Development Act
of 1965 // 12 USC 1701s. // is amended--,
(1) by striking out the first sentence of subsection (c) and
inserting in lieu thereof the following new sentence: " As used
in this section, the term--,
"(1) 'qualified tenant' means any individual or family having
an income which would qualify such individual or family for
assistance under section 8 of the United States Housing Act of
1937,
// 42 USC 1437f. //
except that such term shall also include any individual or family
who was receiving assistance under this section on the day
preceding the date of the enactment of the Housing and Community
Development Amendments of 1979, so long as such individual or
family continues to meet the conditions for such assistance which
were in effect on such day; and
"(2) 'income' means income as determined under section 8 of the
United States Housing Act of 1937.";
(2) by striking out subsection (d) and inserting in lieu
thereof the following:
"(d) The amount of the annual payment with respect to any dwelling
unit shall not exceed the amount by which the fair market rental for
such unit exceeds one-fourth of the tenant's income as determined by the
Secretary pursuant to procedures and regulations established by the
Secretary. Notwithstanding the preceding sentence, the amount of the
payment made under any contract amended pursuant to subsection (1) with
respect to any dwelling unit assisted under this section shall be
determined in the same manner as it would be determined under section 8
of the United States Housing Act of 1937 if the tenant on whose behalf
such payment is made were receiving assistance with respect to such unit
under section 8 of such Act.";
(3) by striking out subsection (e)(1)(B) and inserting in lieu
thereof the following:
the
time it was seeking assistance under this section.";
and
(4) by adding the following new subsections at the end thereof:
"(k) In making assistance available under this section, the Secretary
shall give priority to individuals or families who are occupying
substandard housing or are involuntarily displaced at the time they are
seeking housing assistance under this section.
"(1) The Secretary may offer to amend each contract entered into
pursuant to this section for the purpose of making such contract contain
such terms and conditions as the Secretary deems necessary to implement
the amendments made to this section by the Housing and Community
Development Amendments of 1979. Notwithstanding the provisions of
subsection (a) and any other provision of law, the Secretary may utilize
additional authority under section 5(c) of the United States Housing Act
of 1937 made available by appropriation Acts on or after October 1,
1979, in order to carry out any changes in contracts as a result of the
preceding sentence to the extent necessary to supplement assistance
authority available for that purpose under this section.".
(b) Section 236(m) of the National Housing Act // 12 USC 1715z-1. //
is amended to read as follows:
"(m) For the purpose of this section, the term 'income' means income
as determined under section 8 of the United States Housing Act of
1937.".
(c) The amendments made by subsections (a) and (b) // 12 USC 1701s //
shall become effective on the date of enactment of this Act. The
maximum tenant contribution applicable to any family whose occupancy of
housing assisted under section 101 of the Housing and Urban Development
Act of 1965 // 12 USC 1701s, 1715z-1. // or section 236 of the National
Housing Act commenced prior to such date shall not exceed the maximum
tenant contribution which would have been applicable under such section,
as it was in effect on the day preceding the date of enactment of this
Act, so long as such occupancy is continuous thereafter.
Sec. 204. (a) Section 213(d)(1) of the Housing and Community
Development Act of 1974 // 42 USC 1439. // is amended by inserting
after " In allocating financial assistance" in the first sentence the
following: "(other than assistance approved in appropriation Acts for
use on and after October 1, 1979, under the United States Housing Act of
1937 // 42 USC 1437 // for the purpose of modernization of low-income
housing projects)".
(b) Section 213(d)(1) of such Act is amended by inserting before the
last sentence the following: " Any amounts allocated to a State or to
areas or communities within a State which are not likely to be utilized
within a fiscal year shall not be reallocated for use in another State
unless the Secretary determines that other areas or communities within
the same State cannot utilize the amounts in accordance with the
appropriate housing assistance plans within that fiscal year.".
Sec. 205. (a) The first sentence of section 201(h) of the Housing
and Community Development Amendments of 1978 // 92 Stat. 2084. 12 USC
1715z-1a. // is amended by inserting immediately before the period at
the end thereof the following: ", and not to exceed $82,000,000 for the
fiscal year 1980".
(b) Section 236(f)(3)(B) of the National Housing Act // 12 USC
1715z-1. // is amended--,
(1) by inserting immediately after " October 1, 1978," in the
first sentence the following: "or credited to such fund prior to
October 1, 1978, but remaining unobligated on October 31, 1978,";
and
(2) by striking out " September 30, 1979" in the third sentence
and inserting in lieu thereof " September 30, 1980".
Sec. 206. (a) Section 6(c)(4)(A) of the United States Housing Act of
1937 // 42 USC 1437d. // is amended by inserting after "tenant
selection criteria" the following: "which gives preference to families
which occupy substandard housing or are involuntarily displaced at the
time they are seeking assistance under this Act and which is".
(b)(1) Section 8(d)(1)(A) of such Act // 42 USC 1437f. // is amended
by inserting before the semicolon at the end thereof the following: ",
except that the tenant selection criteria used by the owner shall give
preference to families which occupy substandard housing or are
involuntarily displaced at the time they are seeking assistance under
this section".
(2) Section 8(e)(2) of such Act is amended by inserting before the
period at the end of the first sentence the following: ", except that
the tenant selection criteria shall give preference to families which
occupy substandard housing or are involuntarily displaced at the time
they are seeking housing assistance under this section".
Sec. 207. Section 9 of the United States Housing Act of 1937 // 42
USC 1437g. // is amended by adding the following new subsection at the
end thereof:
"(d) If, in any fiscal year beginning after September 30, 1979, any
funds which have been appropriated for such year remain after applying
the provisions of the second and fourth sentences of subsection (a)(1),
the Secretary shall distribute such funds to low-income housing projects
which incurred excessive costs which were beyond their control and the
full extent of which was not taken into account in the original
distribution of funds for such fiscal year.".
Sec. 208. Section 203(d)(2) of the Housing and Community Development
Amendments of 1978 // 92 Stat. 2088. 12 USC 1701z-11. // is amended by
striking out " The Secretary shall seek to assure the maximum
opportunity for any such tenant--" and inserting in lieu thereof the
following: " The Secretary shall assure for any such tenant (who
continues to meet applicable qualification standards) the right--".
Sec. 209. The United States Housing Act of 1937 is amended by adding
at the end thereof the following new section:
" Sec. 13. // 42 USC 1437k. // (a) In utilizing contract authority
which is provided by section 5(c) and has been approved in appropriation
Acts for use in the modernization of low-income housing projects (other
than projects assisted under section 8) on or after October 1, 1979, the
Secretary shall, to the maximum extent practicable, also take into
consideration projects which will be modernized to a substantial extent
with weatherization materials as defined in section 412(9) of the Energy
Conservation in Existing Buildings Act of 1976. // 42 USC 6862. //
"(b) The Secretary shall, to the maximum extent practicable, require
that newly constructed and substantially rehabilitated projects assisted
under this Act with authority provided on or after October 1, 1979,
shall be equipped with heating and cooling systems selected on the basis
of criteria which include a life-cycle cost analysis of such systems.".
Sec. 210. Section 8 of the United States Housing Act of 1937 // 42
USC 1437f. // is amended by adding at the end thereof the following new
subsection:
"(k) The Secretary shall establish procedures which are appropriate
and necessary to assure that income data provided to public housing
agencies and owners by families applying for or receiving assistance
under this section is complete and accurate. In establishing such
procedures, the Secretary shall randomly, regularly, and periodically
select a sample of families to authorize the Secretary to obtain
information on these families for the purpose of income verification, or
to allow those families to provide such information themselves. Such
information may include, but is not limited to, data concerning
unemployment compensation and Federal income taxation and data relating
to benefits made available under the Social Security Act, // 42 USC
1305. 7 USC 2011 // the Food Stamp Act of 1977, or title 38, United
States Code. Any such information received pursuant to this subsection
shall remain confidential and shall be used only for the purpose of
verifying incomes in order to determine eligibility of families for
benefits (and the amount of such benefits, if any) under this section.".
HOUSING
Sec. 211. (a) Section 9(a) of the United States Housing Act of 1937
// 42 USC 1437g. // is amended--,
(1) by inserting "(1)" after "(a)";
(2) by striking out "(1)" and "(2)" in the second sentence and
inserting in lieu thereof "(A)" and "(B)";
(3) by inserting the following before the period at the end of
the third sentence: ", and such contract shall provide that no
disposition of the low-income housing project, with respect to
which the contract is entered into, shall occur during and for ten
years after the period when contributions were made pursuant to
such contract unless approved by the Secretary"; and
(4) by adding the following new paragraph at the end thereof:
"(2) The Secretary may not make assistance available under this
section for any low-income housing project unless such project is being
assisted by an annual contributions contract authorized by section 5(c)
but not subject to section 8, // 42 USC 1437f. // except that after the
duration of any such annual contributions contract with respect to a
low-income housing project, the Secretary may provide assistance under
this section with respect to such project as long as the low-income
nature of such project is maintained.".
(b) The first sentence of section 8(e)(1) of such Act // 42 USC
1437f. // is amended by striking out "one month" and inserting in lieu
thereof "two hundred and forty months".
(c) Section 201(d)(1) of the Housing and Community Development
Amendments of 1978 // 92 Stat. 2084. 12 USC 1715z-1a. // is amended by
inserting the following before the semicolon at the end thereof: ", and
the owner has agreed to maintain the low- and moderate-income character
of such project for a period at least equal to the remaining term of the
project mortgage".
Sec. 212. // 42 USC 1437f // (a) The Secretary of Housing and Urban
Development shall conduct a study of the feasibility and financial
desirability of requiring minimum rent payments from tenants in
low-income housing assisted under the United States Housing Act of 1937.
The study shall examine (1) the extent to which tenants in such housing
are not required to or do not pay rent, (2) the incentives for greater
tenant care of such housing which minimum rents may create, (3) the
administrative costs of assessing and collecting minimum rents, and (4)
for each of the five fiscal years beginning on October 1, 1980, and
ending September 30, 1984, the reductions in appropriations for the
payment of annual contributions for assisted housing and for payments
for the operation of low-income housing projects which several
alternative specifications of minimum rent requirements would allow.
The Secretary shall submit a report to the Congress containing the
findings and conclusions of such study not later than ten days after the
Budget for fiscal year 1981 is transmitted pursuant to section 201 of
the Budget and Accounting Act, 1921. // 31 USC 11. //
(b) The Secretary of Housing and Urban Development shall conduct a
study to provide detailed comparisons between the rents paid by tenants
occupying low-income housing assisted under the United States Housing
Act of 1937, and the rents paid by tenants at the same income levels who
are not in assisted housing. The comparisons shall be made for
differing regions, income levels and family size, and shall include data
on utility costs paid by tenants. Data on tenants not in assisted
housing shall be further subdivided in accordance with various
indicators of housing quality. The Secretary shall transmit a report on
such study to the Congress not later than March 1, 1980.
Sec. 213. (a) Section 235(a)(1) of the National Housing Act // 12
USC 1715z. // is amended by adding the following new sentence at the
end thereof: " In making such assistance available, the Secretary shall
give preference to low-income families who, without such assistance,
would be likely to be involuntarily displaced (including those who would
be likely to be displaced from rental units which are to be converted
into a condominium project or a cooperative project). Such assistance
may include the acquisition of a condominium or a membership in a
cooperative association.".
(b) Section 235(i)(3)(A) of such Act is amended by striking out ", if
the mortgagor qualifies" in the first proviso and all that follows
through "public housing".
(c)(1) Section 235 of such Act is amended by adding at the end
thereof the following new subsection:
"(o) The Secretary may insure a mortgage under this section involving
a principal obligation which exceeds, by not more than 20 per centum,
the maximum limits specified under subsection (b)(2) or (i)(3) of this
section if the mortgage relates to a dwelling in an urban neighborhood
where the Secretary determines that a community sponsored program of
concentrated redevelopment or revitalization is being undertaken and the
Secretary determines that such action is necessary to enable eligible
families residing in the area who occupy substandard housing or are
being involuntarily displaced to remain in the area in decent, safe, and
sanitary housing.".
(2) Section 235(c)(2) of such Act is amended by inserting after "1
per centum per annum" the following: "(4 per centum per annum in the
case of a mortgage described in subsection (o))".
Sec. 301. (a) Section 2(a) of the National Housing Act // 12 USC
1703. // is amended by striking out " December 1, 1979" in the first
sentence and inserting in lieu thereof " October 1, 1980".
(b) Section 217 of such Act // 12 USC 1715h. // is amended by
striking out " November 30, 1979" and inserting in lieu thereof "
September 30, 1980".
(c) Section 221(f) of such Act // 12 USC 1715l. // is amended by
striking out " November 30, 1979" in the fifth sentence and inserting in
lieu thereof " September 30, 1980".
(d) Section 235(m) of such Act // 12 USC 1715z. // is amended by
striking out " November 30, 1979" and inserting in lieu thereof "
September 30, 1980".
(e) Section 236(n) of such Act // 12 USC 1715z-1. // is amended by
striking out " November 30, 1979" and inserting in lieu thereof "
September 30, 1980".
(f) Section 244(d) of such Act // 12 USC 1715z-9. // is amended--,
(1) by striking out " November 30, 1979" in the first sentence
and inserting in lieu thereof " September 30, 1980"; and
(2) by striking out " December 1, 1979" in the second sentence
and inserting in lieu thereof " October 1, 1980".
(g) Section 245 of such Act // 12 USC 1715z-10. // is amended by
striking out " November 30, 1979" where it appears and inserting in lieu
thereof " September 30, 1980".
(h) Section 809(f) of such Act // 12 USC 1748h-1. // is amended by
striking out " November 30, 1979" in the second sentence and inserting
in lieu thereof " September 30, 1980".
(i) Section 810(k) of such Act // 12 USC 1748h-2. // is amended by
striking out " November 30, 1979" in the second sentence and inserting
in lieu thereof " September 30, 1980".
(j) Section 1002(a) of such Act // 12 USC 1749bb. // is amended by
striking out " November 30, 1979" in the second sentence and inserting
in lieu thereof " September 30, 1980".
(k) Section 1101(a) of such Act // 12 USC 1749aaa. // is amended by
striking out " November 30, 1979" in the second sentence and inserting
in lieu thereof " September 30, 1980".
Sec. 302. Section 3(a) of Public Law 90 - 301 // 12 USC 1709-1. //
is amended by striking out " December 1, 1979" and inserting in lieu
thereof " October 1, 1980".
OF 1974
Sec. 303. Section 3(b) of the Emergency Home Purchase Assistance Act
of 1974 // 12 USC 1723e // is amended by striking out " December 1,
1979" and inserting in lieu thereof " October 1, 1980".
Sec. 304. The second sentence of section 501 of the Housing and
Urban Development Act of 1970 // 12 USC 1701z-1. // is amended by
striking out "and not to exceed $62,000,000 for the fiscal year 1979"
and inserting in lieu thereof "not to exceed $62,000,000 for the fiscal
year 1979, and not to exceed $50,300,000 for the fiscal year 1980".
Sec. 305. Section 519(f) of the National Housing Act // 12 USC
1735c. // is amended by inserting before the period at the end thereof
the following: ", which shall be increased by not to exceed $93,000,000
on October 1, 1979".
Sec. 306. (a) Section 202(a)(4)(B)(i) of the Housing Act of 1959 //
12 USC 1701q. // is amended by striking out "and to $3,300,000,000 on
October 1, 1978" and inserting in lieu thereof "to $3,300,000,000 on
October 1, 1978, to $3,827,500,000 on October 1, 1979, to $4,777,500,000
on October 1, 1980, and to $5,752,500,000 on October 1, 1981".
(b) Section 202(a) of such Act is amended by adding at the end
thereof the following new paragraphs:
"(6) In reviewing applications for loans under this section, the
Secretary may consider the extent to which such loans--,
"(A) will assist in stabilizing, conserving, and revitalizing
neighborhoods and communities;
"(B) will assist in providing housing for elderly and
handicapped families in neighborhoods and communities in which
they are experiencing significant displacement due to public or
private investment; or
"(C) will assist in the substantial rehabilitation, in an
economical manner, of structures having architectural, historical,
or cultural significance.
"(7) The Secretary may make available appropriate technical and
training assistance to assure that applicants having limited resources,
particularly minority applicants, are able to participate more fully in
the program carried out under this section.".
(c)(1) Section 202(d)(8)(A) of such Act // 12 USC 1701q. // is
amended by striking out "or infirmaries or other inpatient or" and
inserting in lieu thereof "adult day health facilities, or other".
(2) Section 202(f) of such Act is amended by inserting "(including
adult day health services)" after "health".
(d) Section 202(g) of such Act is amended by adding the following new
sentence at the end thereof: " At the time of settlement on permanent
financing with respect to a project under this section, the Secretary
shall make an appropriate adjustment in the amount of any assistance to
be provided under a contract for annual contributions pursuant to
section 8 of the United States Housing Act of 1937 in order to reflect
fully any difference between the interest rate which will actually be
charged in connection with such permanent financing and the interest
rate which was in effect at the time of the reservation of assistance in
connection with the project.".
(e) Not later than six months after the date of enactment of this
Act, // 12 USC 1701q // the Secretary of Housing and Urban Development
shall transmit a report to the Congress on the housing needs of the
elderly and handicapped in rural areas. Such report shall at least
include--,
(1) an assessment of the operations of the present programs in
rural areas available to the elderly and handicapped;
(2) an assessment of the housing needs of the elderly and
handicapped living in rural areas; and
(3) an examination of the various alternatives available to
meet the housing needs of the elderly and handicapped in rural
areas.
(f) Not later than six months after the date of enactment of this
Act, // 12 USC 1701q // the Secretary of Housing and Urban Development
shall transmit a report to the Congress containing recommendations on
means to reduce the costs of the program carried out under section 202
of the Housing Act of 1959 without--,
(1) unduly burdening sponsors of programs and projects under
this section; or
(2) adversely affecting the ability of the program under this
section to meet the housing needs of elderly and handicapped
families.
Sec. 307. Section 608(a) of the Housing and Community Development
Amendments of 1978 // 92 Stat. 2119. 42 USC 8107. // is amended by
inserting ", and not to exceed $12,000,000 for fiscal year 1980" after
"1979".
Sec. 308. Title V of the National Housing Act is amended by adding
the following new section at the end thereof:
" Sec. 529. // 12 USC 1735f-7. // (a) The provisions of the
constitution of any State expressly limiting the rate or amount of
interest, discount points, or other charges which may be charged, taken,
received, or reserved by lenders and the provisions of any State law
expressly limiting the rate or amount of interest, discount points, or
other charges which may be charged, taken, received, or reserved shall
not apply to any loan, mortgage, or advance which is insured under title
I or II of this Act. // 12 USC 1702, 1707. //
"(b) The provisions of subsection (a) shall apply to loans,
mortgages, or advances made or executed in any State until the effective
date (after the date of enactment of this section) of a provision of law
of that State limiting the rate or amount of interest, discount points,
or other charges on any such loan, mortgage, or advance.".
ALTERNATIVES TO
STATUTORY MORTGAGE AMOUNTS
Sec. 309. // 12 USC 1709 // (a) The Secretary of Housing and Urban
Development (hereinafter referred to as the " Secretary") shall conduct
a study of the relative risks of loss which exist with respect to the
various classes of mortgages which may be insured under sections 203(b)
and 213 of the National Housing Act. Such study shall be conducted for
the purpose of making recommendations on the advisability of reducing,
in accordance with sound actuarial and accounting practices, some or all
of the mortgage insurance premiums required for such classes of
mortgages. The Secretary shall transmit such recommendations to the
Congress within eighteen months from the date of the enactment of this
Act.
(b) The Secretary shall conduct a study of alternatives to the
present system of fixed statutory maximum amounts for mortgages insured
by the Department of Housing and Urban Development under titles I and II
of the National Housing Act. Such study shall include an examination of
possible alternatives, including but not limited to flexible mortgage
ceilings, prototype cost limits, ceilings based on regional housing
costs, sales prices of homes, and construction costs. The Secretary
shall report to the Congress on the results of such study, together with
recommendations for legislation, no later than March 1, 1980.
WARRANTY
PLANS
Sec. 310. Section 203(b)(2) of the National Housing Act // 12 USC
1709. // is amended by striking out "the dwelling was completed more
than one year prior to the application for mortgage insurance, or the
dwelling was approved for guaranty, insurance, or a direct loan under
chapter 37 of title 38, United States Code, prior to the beginning of
construction" in the third sentence and by inserting in lieu thereof the
following: "(i) the dwelling was completed more than one year prior to
the application for mortgage insurance, or (ii) the dwelling was
approved for guaranty, insurance, or a direct loan under chapter 37 of
title 38, United States Code, // 38 USC 1801 // prior to the beginning
of construction, or (iii) the dwelling is covered by a consumer
protection or warranty plan acceptable to the Secretary and satisfies
all requirements which would have been applicable if such dwelling had
been approved for mortgage insurance prior to the beginning of
construction".
Sec. 311. (a) This section may be cited as the " Homeownership
Opportunity Act of 1979". // 12 USC 1701 //
(b) Section 245 of the National Housing Act // 12 USC 1715z-10. //
is amended--,
(1) by inserting "(a)" after " Sec. 245.";
(2) by inserting after "title" in the second sentence the
following: ", except as provided in subsection (b) of this
section,";
(3) by striking out "section" after "pursuant to this" and
inserting in lieu thereof "subsection";
(4) by striking out the last sentence; and
(5) by adding at the end thereof the following:
"(b) Notwithstanding the provisions of subsection (a), the Secretary
may insure under any provision of this title a mortgage or loan which
meets the requirements of the first sentence of subsection (a) and which
has provisions for varying rates of amortization if the Secretary
determines--,
"(1) the mortgagor could not reasonably afford to purchase the
dwelling unit by means of a mortgage insured under subsection (a)
or any other mortgage insurance program under this title;
"(2) the principal obligation of the mortgage or loan initially
does not exceed the percentage of the initial appraised value of
the property specified in section 203(b) of this title as of the
date the mortgage or loan is accepted for insurance;
"(3) the principal obligation of the mortgage or loan
thereafter (including all interest to be deferred and added to
principal) will not at any time be scheduled to exceed 97 per
centum, or, if the mortgagor is a veteran, such higher percentage
as is provided under section 203(b)(2) for veterans, of the
projected value of the property; and
"(4) the principal obligation of the mortgage thereafter will
not exceed 113 per centum of the initial appraised value of the
property.
Mortgage insurance under this subsection shall be limited to mortgages
executed by mortgagors who, as determined by the Secretary, have not
owned dwelling units within the preceding three years. For the purpose
of this subsection, the projected value of the property shall be
calculated by the Secretary by increasing the initial appraised value of
the property at a rate not in excess of 2 1/2 per centum per annum. The
number of mortgages which are insured in accordance with this subsection
in any fiscal year may not exceed (A) that number of mortgages the
aggregate initial principal obligation of which equals 10 per centum of
the aggregate amount of the initial principal obligation of all
mortgages secured by properties improved by one- to four-family
residences which are insured under this title during the preceding
fiscal year, or (B) 50,000 mortgages, whichever is greater.
"(c) Any mortgage or loan insured pursuant to this section which
contains or sets forth any graduated mortgage provisions (including but
not limited to provisions for adding deferred interest to principal)
which are authorized under this section and applicable regulations, or
which have been insured on the basis of their being so authorized, shall
not be subject to any State constitution, statute, court decree, common
law, or rule or public policy (1) limiting the amount of interest which
may be charged, taken, received, or reserved, or the manner of
calculating such interest (including but not limited to prohibitions
against the charging of interest on interest), if such constitution,
statute, court decree, common law, or rule would not apply to the
mortgage or loan in the absence of such graduated payment mortgage
provisions, or (2) requiring a minimum amortization of principal under
the mortgage or loan.".
Sec. 312. (a) Section 203(b)(2) of the National Housing Act // 12
USC 1709. // is amended by striking out everything through "or $75,000
in the case of a four-family residence;" and inserting in lieu thereof
the following:
"(2) Involve a principal obligation (including such initial
service charges, appraisal, inspection, and other fees as the
Secretary shall approve) in an amount not to exceed $67,500 in the
case of property upon which there is located a dwelling designed
principally for a one-family residence; or $76,000 in the case of
a two-family residence (whether or not such one- or two-family
residence may be intended to be rented temporarily for school
purposes); or $92,000 in the case of a three-family residence, or
$107,000 in the case of a four-family residence;".
(b) Section 220(d)(3)(A)(i) of such Act // 12 USC 1715k. // is
amended--,
(1) by striking out "$60,000" and inserting in lieu thereof
"$67,500";
(2) by striking out "$65,000" the first time it appears and
inserting in lieu thereof "$76,000";
(3) by striking out "$65,000" the second time it appears and
inserting in lieu thereof "$92,000";
(4) by striking out "$75,000" and inserting in lieu thereof
"$107,000"; and
(5) by striking out "$7,700" and inserting in lieu thereof
"$8,250".
(c) Section 222(b)(2) and section 234(c) of such Act // 12 USC 1715m,
1715y. // are amended by striking out "$60,000" in each such section
and inserting in lieu thereof "$67,500".
Sec. 313. (a) Section 2(b) of the National Housing Act // 12 USC
1703. // is amended--,
(1) by striking out "$16,000 ($24,000 in the case of a mobile
home composed of two or more modules" in the first sentence and
inserting in lieu thereof "$18,000 ($27,000 in the case of a
mobile home containing two or more modules";
(2) by striking out subparagraph (A) of the second paragraph
and inserting in lieu thereof the following:
"(A) involve such an amount not exceeding $24,000 ($33,000 in
the case of a mobile home composed of two or more modules); and";
(3) by striking out "fifteen years and thirty-two days
(twenty-three" in subparagraph (B) of the second paragraph and
inserting in lieu thereof "twenty years and thirty-two days
(twenty-five";
(4) by striking out subparagraph (A) of the third paragraph and
inserting in lieu thereof the following:
"(A) involve such an amount not exceeding $27,500 ($36,500 in
the case of a mobile home composed of two or more modules); and";
(5) by striking out "fifteen years and thirty-two days
(twenty-three" in subparagraph (B) of the third paragraph and
inserting in lieu thereof "twenty years and thirty-two days
(twenty-five";
(6) by striking out "$5,000 in the case of an undeveloped lot,
or (ii) $7,500," in subparagraph (A) of the fourth paragraph and
inserting in lieu thereof "$6,250 in the case of an undeveloped
lot, or (ii $9,375"; and
(7) by striking out "ten years and thirty-two days" in
subparagraph (B) of the fourth paragraph and inserting in lieu
thereof "fifteen years and thirty-two days".
(b) Section 207(c)(3) of such Act // 12 USC 1713. // is amended by
striking out "$3,900" and inserting in lieu thereof "$8,000".
Sec. 314. The National Housing Act is amended by striking out "by
not to exceed 50 per centum in any geographical area where he finds that
cost levels so require" where it appears in sections 207(c)(3), and 234
(e) (d) // 12 USC 1713, 1715e, 1715k, 1715l, 1715v, 1715y. // and
inserting in lieu thereof in each such section "by not to exceed 75 per
centum in any geographical area where he finds that cost levels so
require, except that, where the Secretary determines it necessary on a
project by project basis, the foregoing dollar amount limitations
contained in this paragraph may be exceeded by not to exceed 90 per
centum in such an area".
Sec. 315. Section 242(d) of the National Housing Act // 12 USC
1715z-7. // is amended by adding the following new paragraph at the end
thereof:
"(5) The Secretary shall not insure any mortgage or approve any
modification of an existing mortgage insured pursuant to this section or
section 223(f) // 12 USC 1715n. 12 USC 1721. // if such insurance or
modification is to be made in connection with a guarantee, as authorized
pursuant to section 306, of a trust certificate or other security which
is exempt from Federal taxation or which is to be used to collateralize
obligations which are so exempt, except that the Secretary shall not
refuse to insure such a mortgage or approve such a modification solely
on the basis that such insurance or modification is to be made in
connection with a guarantee, as authorized pursuant to section 306, of a
trust certificate or other security which is exempt from Federal
taxation or which is to be used to collateralize obligations which are
so exempt if--,
"(A) a written application for such insurance or modification
submitted at the express direction of the hospital has been
submitted to the appropriate office of the Department of Health,
Education, and Welfare prior to March 29, 1979; or
"(B) in the case of a nonprofit mortgagor which is seeking
refinancing or modification of an existing mortgage insured
pursuant to this section or section 223(f), the mortgagor (i) had
engaged an investment banker for the purpose of obtaining such
refinancing or modification, or had undertaken or arranged for the
undertaking of a market or feasibility study with respect to the
advisability of obtaining such refinancing or modification, and
had made written notification of its interest in such refinancing
or modification to the Department of Health, Education, and
Welfare or the Department of Housing and Urban Development prior
to June 7, 1979; and (ii) receives from the programs established
under titles XVIII and XIX of the Social Security Act
// 42 USC 1395, 1396. //
a percentage of its total revenue which is greater than 125 per
centum of the national average for hospitals which derive revenue
from such titles.".
Sec. 316. (a) Section 306 of the Federal Home Loan Mortgage
Corporation Act // 12 USC 1455. // is amended by adding at the end
thereof the following:
"(e)(1) Any person, trust, or organization created pursuant to or
existing under the laws of the United States or any State shall be
authorized to purchase, hold, and invest in mortgages, obligations, or
other securities which are or have been sold by the Corporation pursuant
to this section // 12 USC 1454. // or pursuant to section 305 of this
title to the same extent that such person, trust, or organization is
authorized under any applicable law to purchase, hold, or invest in
obligations issued by or guaranteed as to principal and interest by the
United States or any agency or instrumentality thereof. Where State law
limits the purchase, holding, or investment in obligations issued by the
United States by such a person, trust, or organization, such Corporation
mortgages, obligations, and other securities shall be considered to be
obligations issued by the United States for purposes of the limitation.
"(2) The provisions of paragraph (1) shall not apply with respect to
a particular person, trust, or organization or class thereof in any
State which, after the date of enactment of this subsection, enacts a
statute which specifically names the Corporation and either prohibits or
provides for a more limited authority to purchase, hold, or invest in
such securities by such person, trust, or organization or class thereof
than is provided in paragraph (1). The enactment by any State of any
statute of the type described in the preceding sentence shall not affect
the validity of any contractual commitment to purchase, hold, or invest
which was made prior thereto.
"(3) Any authority granted by paragraph (1) and not granted by any
other Federal statute shall expire as of the end of June 30, 1985. Such
expiration shall not affect the validity of any contractual commitment
to purchase, hold, or invest which was made prior thereto pursuant to
paragraph (1), and shall not affect the validity of any contractual
commitment or other action to purchase, hold, or invest pursuant to any
other authorization.".
(b) Section 303 of such Act // 12 USC 1452. // is amended by adding
at the end thereof the following:
"(f) All mortgages, obligations, or other securities which are or
have been sold by the Corporation pursuant to section 305 or section 306
of this title shall be lawful investments, and may be accepted as
security for all fiduciary, trust, and public funds, the investment or
deposits of which shall be under the authority and control of the United
States or any officers thereof.".
(c) Section 302(h) of such Act // 12 USC 1451. // is amended by
adding at the end thereof the following sentence: " Such term shall
also include a mortgage, lien, or other security interest on the stock
or membership certificate issued to a tenant-stockholder or
resident-member by a cooperative housing corporation, as defined in
section 216 of the Internal Revenue Code of 1954, // 26 USC 216. // and
on the proprietary lease, occupancy agreement, or right of tenancy in
the dwelling unit of the tenant-stockholder or resident-member in such
cooperative housing corporation.".
Sec. 317. The second sentence of section 302(b)(1) of the National
Housing Act // 12 USC 1717. // is amended to read as follows: "
Notwithstanding the provisions of clause (3) of the preceding sentence,
the Association may purchase a mortgage under section 305 // 12 USC
1720. // with an original principal obligation which exceeds the
otherwise applicable maximum amount per dwelling unit if (1) the
mortgage is insured under section 207(c)(3), 213(b)(2), 220(d)(3)(B)(
iii), 221(d)(3)(ii), 221(d)(4)(ii), 231 (c)(2), 234(e)(3), or 236 // 12
USC 1713, 1715e, 1715k, 1715l, 1715v, 1715y, 1715z-1. 42 USC 1437f. //
and (2) at least 20 per centum of the units covered by such mortgage are
assisted under contracts authorized by section 8 of the United States
Housing Act of 1937.".
Sec. 318. Section 203(i) of the National Housing Act // 12 USC 1709.
// is amended--,
(1) by striking out "adjacent to a public highway" in the last
proviso and inserting in lieu thereof "adjacent to an all-weather
public road"; and
(2) by striking out "five" in the last proviso and inserting in
lieu thereof "two and one-half".
Sec. 319. Section 241(b)(2) of the National Housing Act // 12 USC
1715z-6. // is amended by striking out the phrase "but not to exceed
the remaining term of the mortgage".
AND
SAFETY STANDARDS ACT OF 1974
Sec. 320. Section 620 of the National Mobile Home Construction and
Safety Standards Act of 1974 // 42 USC 5419. // is amended by inserting
after "conducting such inspections," the following: "and the Secretary
may use any fees so collected to pay expenses incurred in connection
with such inspections,".
Sec. 321. Not later than March 31, 1980, the Secretary of Housing
and Urban Development shall transmit to the Congress a report containing
recommendations for programs and policies which encourage individual
ownership of mobile home lots through condominium or cooperative
development of mobile home parks or through the development of mobile
home subdivisions.
REQUIREMENTS
Sec. 322. // 12 USC 1703 // The final rule revision 6 A of the
Department of Housing and Urban Development (entitled " Increases in
Thermal Requirements for HUD Minimum Property Standards" and contained
in the Federal Register, volume 44, number 74, April 16, 1979, 24 CFR
Part 200) is hereby disapproved and invalidated insofar as it applies to
masonry construction.
TRIBAL
GOVERNMENT DEPOSITS
Sec. 323. (a) Paragraph (2)(A) of section 11(a) of the Federal
Deposit Insurance Act // 12 USC 1821. // is amended by--,
(1) striking out "or" at the end of clause (iii),
(2) inserting "or" following the semicolon at the end of clause
(iv), and
(3) inserting immediately after clause (iv) the following:
(as
defined in section 3(c) of the Indian Financing Act
of 1974)
// 25 USC 1452. //
or
agency thereof having official custody of tribal funds
and
lawfully investing or depositing the same in time and
savings
deposits in an insured bank;".
(b) Paragraph (1) of section 405(d) of the National Housing Act // 12
USC 1728. // is amended by--,
(1) striking out "or" at the end of clause (iii),
(2) inserting "or" following the semicolon at the end of clause
(iv), and
(3) inserting immediately after clause (iv) the following:
(as
defined in section 3(c) of the Indian Financing Act
of 1974)
// 25 USC 1452. //
or
agency thereof having official custody of tribal funds
and
lawfully investing the same in an insured institution;".
(c) Subparagraph (2)(A) of section 207(c) of the Federal Credit Union
Act // 12 USC 1787. // is amended by--,
(1) striking out "or" at the end of clause (iii),
(2) inserting "or" following the semicolon at the end of clause
(iv), and
(3) inserting immediately after clause (iv) the following:
(as
defined in section 3(c) of the Indian Financing Act
of 1974)
// 25 USC 1452. //
or
agency thereof having official custody of tribal funds
and
lawfully investing the same in a credit union insured in
accordance with this title;".
(d) Section 107(6) of the Federal Credit Union Act // 12 USC 1757.
// is amended by striking out "nonmember units of Federal, State, or
local governments and political subdivisions thereof enumerated in
section 207 of this Act" // 12 USC 1787. // and inserting in lieu
thereof "nonmember units of Federal, Indian tribal, State, or local
governments and political subdivisions thereof enumerated in section 207
of this Act".
(e) The amendments made by subsections (a) through (d) // 12 USC 1728
// are not applicable to any claim arising out of the closing of a bank,
savings and loan association, or credit union prior to the date of
enactment of this Act, but shall be applicable to any such claim arising
on or after such date.
(f) Section 5153 of the Revised Statutes // 12 USC 90. // is amended
by adding at the end thereof the following paragraph:
" Any national banking association may, upon the deposit with it of
any funds by any federally recognized Indian tribe, or any officer,
employee, or agent thereof in his or her official capacity, give
security for the safekeeping and prompt payment of the funds so
deposited by the deposit of United States bonds and otherwise as may be
prescribed by the Secretary of the Treasury for public funds under the
first paragraph of this section.".
SYSTEM
Sec. 324. Section 11(h) of the Federal Home Loan Bank Act // 12 USC
1431. // is amended by inserting after "in the stock of the Federal
National Mortgage Association," the following: "in stock, obligations,
or other securities of any small business investment company formed
pursuant to section 301(d) of the Small Business Investment Act of 1958,
// 15 USC 681. // for the purpose of aiding members of the Federal Home
Loan Bank System,".
Sec. 325. Section 5(c)(4) of the Home Owners' Loan Act of 1933 // 12
USC 1464. // is amended by adding at the end thereof the following:
"(E) Small business investment companies.--An association may
invest in stock, obligations, or other securities of any small
business investment company formed pursuant to section 301(d) of
the Small Business Investment Act of 1958,
// 15 USC 681. //
for the purpose of aiding members of the Federal Home Loan Bank
System, but no association may make any investment under this
subparagraph if its aggregate outstanding investment under this
subparagraph would exceed 1 per centum of the assets of such
association.".
Sec. 326. Paragraph (1)(B) of section 5(c) of the Home Owners' Loan
Act of 1933 // 12 USC 1464. // is amended by striking out "$60,000" and
inserting in lieu thereof "$75,000".
Sec. 327. Section 6(c)(2)(ii) of the Federal Home Loan Bank Act //
12 USC 1426. // is amended by striking out "twelve" and inserting in
lieu thereof "twenty".
Sec. 328. Section 905 of the Housing and Community Development
Amendments of 1978 // 92 Stat. 2126. 42 USC 3541. // is amended to
read as follows:
" Sec. 905. (a) The Congress finds and declares--,
"(1) that various departments, agencies, and instrumentalities
of the Federal Government with responsibilities involving housing
and housing finance programs, require, approve, use or otherwise
employ a variety of different forms as residential mortgages (or
deeds of trust or similar security instruments) as notes secured
by those mortgages, and for applications, appraisals and other
purposes, and that such duplication of forms constitutes a
paperwork burden that adds to the costs imposed on the Nation's
homeowners and home buyers;
"(2) that unnecessary paperwork impairs the effectiveness of
Federal housing and housing finance programs;
"(3) that both single-family and multi-family programs are
affected; and
"(4) that simplification of paperwork imposed by Federal
housing and housing finance programs would contribute to achieving
the Nation's housing goals by reducing housing costs.
"(b)(1) Not later than October 1, 1980, the Secretary of Housing and
Urban Development, the Secretary of Agriculture, and the Administrator
of Veterans' Affairs shall, consistent with provisions of law governing
the conduct of housing programs, employ in their respective programs--,
"(A) uniform single-family and multi-family note and mortgage
forms;
"(B) a uniform application form for mortgage approval and
commitment for mortgage insurance;
"(C) a uniform form for computation of the monthly net
effective income of applicants;
"(D) a uniform property appraisal form;
"(E) a uniform settlement statement which shall satisfy the
requirements of the Real Estate Settlement Procedures Act;
// 12 USC 2601 //
and
"(F) such other consolidated or simplified forms, particularly
those which solicit identical or nearly identical information from
the same persons in the conduct of two or more such programs, the
consolidation or simplification of which the Secretaries of
Housing and Urban Development and Agriculture and the
Administrator of Veterans' Affairs mutually agree would contribute
to a reduction in the paperwork and regulatory burden of such
programs.
"(2) The Secretary of Housing and Urban Development, the Secretary of
Agriculture, and the Administrator of Veterans' Affairs shall,
consistent with provisions of law governing their respective programs,
provide by regulation for the elimination of forms which solicit
information which is already available from other available sources
through indexing or other means of identifying such forms.
"(3) Each agency referred to in subsection (b) may employ riders,
addenda, or similar forms of modification agreements to adapt such
uniform forms to its respective programs and policies, consistent with
the goals of minimizing the use and extent of such modification
agreements and maximizing the suitability of such forms for the use of
all participants, public and private.
"(c) The Director of the Office of Management and Budget shall
coordinate and monitor the development and implementation by Federal
departments and agencies of the efforts required by subsection (b) and
shall report to the Congress on such development and implementation and
with respect to any provisions of law which unnecessarily prevent such
departments and agencies from carrying out the provisions of this
section as part of each report required under Public Law 93 - 556. Such
report shall include an estimate of the reduction of the level of
paperwork burden hours of the affected agencies as allocated by the
Office of Management and Budget.".
Sec. 401. Section 1402 of the Interstate Land Sales Full Disclosure
Act // 15 USC 1701. // is amended by redesignating paragraphs (4)
through (10) as paragraphs (5) through (11), respectively, and by
striking out paragraph (3) and inserting in lieu thereof the following
new paragraphs:
"(3) 'subdivision' means any land which is located in any State
or in a foreign country and is divided or is proposed to be
divided into lots, whether contiguous or not, for the purpose of
sale or lease as part of a common promotional plan;
"(4) 'common promotional plan' means a plan, undertaken by a
single developer or a group of developers acting in concert, to
offer lots for sale or lease; where such land is offered for sale
by such a developer or group of developers acting in concert, and
such land is contiguous or is known, designated, or advertised as
a common unit or by a common name, such land shall be presumed,
without regard to the number of lots covered by each individual
offering, as being offered for sale or lease as part of a common
promotional plan;".
Sec. 402. Subsections (a) and (b) of section 1403 of the Interstate
Land Sales Full Disclosure Act // 15 USC 1702. // are amended to read
as follows:
"(a) Unless the method of disposition is adopted for the purpose of
evasion of this title, the provisions of this title shall not apply
to--,
"(1) the sale or lease of lots in a subdivision containing less
than twenty-five lots;
"(2) the sale or lease of any improved land on which there is a
residential, commercial, condominium, or industrial building, or
the sale or lease of land under a contract obligating the seller
or lessor to erect such a building thereon within a period of two
years;
"(3) the sale of evidences of indebtedness secured by a
mortgage or deed of trust on real estate;
"(4) the sale of securities issued by a real estate investment
trust;
"(5) the sale or lease of real estate by any government or
government agency;
"(6) the sale or lease of cemetery lots;
"(7) the sale or lease of lots to any person who acquires such
lots for the purpose of engaging in the business of constructing
residential, commercial, or industrial buildings or for the
purpose of resale or lease of such lots to persons engaged in such
business; or
"(8) the sale or lease of real estate which is zoned by the
appropriate governmental authority for industrial or commercial
development or which is restricted to such use by a declaration of
covenants, conditions, and restrictions which has been recorded in
the official records of the city or county in which such real
estate is located, when--,
real
estate to a public street or highway;
duly
organized corporation, partnership, trust, or business
entity
engaged in commercial or industrial business;
represented
in the transaction of sale or lease by a representative
of its own selection;
in
writing to the seller or lessor that it either (i) is
purchasing
or leasing such real estate substantially for its own
use, or (ii)
has a binding commitment to sell, lease, or sublease
such
real estate to an entity which meets the requirements of
subparagraph (B), is engaged in commercial or
industrial
business, and is not affiliated with the seller,
lessor, or agent
thereof; and
issued in
connection with the transaction showing that title to
the
real estate purchased or leased is vested in the seller
or
lessor, subject only to such exceptions as may be
approved in
writing by such purchaser or the lessee prior to
recordation
of the instrument of conveyance or execution of the
lease,
but (i) nothing herein shall be construed as requiring
the
recordation of a lease, and (ii) any purchaser or
lessee may
waive, in writing in a separate document, the
requirement of
this subparagraph that a policy of title insurance or
title
opinion be issued in connection with the transaction.
"(b) Unless the method of disposition is adopted for the purpose of
evasion of this title, // 15 USC 1704, 1707. // the provisions
requiring registration and disclosure (as specified in section 1404(a)(
1) and sections 1405 through 1408) shall not apply to--,
"(1) the sale or lease of lots in a subdivision containing
fewer than one hundred lots which are not exempt under subsection
(a);
"(2) the sale or lease of lots in a subdivision if, within the
twelve-month period commencing on the date of the first sale or
lease of a lot in such subdivision after the effective date of
this subsection or on such other date within that twelve-month
period as the Secretary may prescribe, not more than twelve lots
are sold or leased, and the sale or lease of the first twelve lots
in such subdivision in any subsequent twelve-month period, if not
more than twelve lots have been sold or leased in any preceding
twelve-month period after the effective date of this subsection;
"(3) the sale or lease of lots in a subdivision if each
noncontiguous part of such subdivision contains not more than
twenty lots, and if the purchaser or lessee (or spouse thereof)
has made a personal, on-the-lot inspection of the lot purchased or
leased, prior to signing of the contract or agreement to purchase
or lease;
"(4) the sale or lease of lots in a subdivision in which each
of the lots is at least twenty acres (inclusive of easements for
ingress and egress or public utilities);
"(5) the sale or lease of a lot which is located within a
municipality or county where a unit of local government specifies
minimum standards for the development of subdivision lots taking
place within its boundaries, when--,
standards,
and (ii) each lot is either zoned for single family
residences
or, in the absence of a zoning ordinance, is limited
exclusively
to single family residences;
and
highways maintained by the unit of local government in
which the subdivision is located and is acceptable to
such
unit, or, where such street or highway is not complete,
a
bond or other surety acceptable to the municipality or
county in the full amount of the cost of completing such
street or highway has been posted to assure completion
to
such standards, and (ii) the unit of local government
or a
homeowners association has accepted or is obligated to
accept the responsibility of maintaining such street or
highway,
except that, in any case in which a homeowners
association has accepted or is obligated to accept such
responsibility, a good faith written estimate of the
cost of
carrying out such responsibility over the first ten
years of
ownership or lease is provided to the purchaser or
lessee
prior to the signing of the contract or agreement to
purchase
or lease;
sewage
disposal, and electricity have been extended to the lot
or the
unit of local government is obligated to install such
facilities
within one hundred and eighty days, and, for
subdivisions
which do not have a central water or sewage disposal
system,
rather than installation of water or sewer facilities,
there
must be assurances that an adequate potable water
supply is
available year-round and that the lot is approved for
the
installation of a septic tank;
which
warrants that the grantor has not conveyed the lot to
another person and that the lot is free from
encumbrances
made by the grantor or any other person claiming by,
through, or under him) to the purchaser within one
hundred
and eighty days after the signing of the sales contract;
a
title opinion reflecting the condition of the title
shall be in
existence and issued or presented to the purchaser or
lessee
showing that, subject only to such exceptions as may be
approved in writing by the purchaser or lessee at the
time of
closing, marketable title to the lot is vested in the
seller or
lessor;
made a
personal, on-the-lot inspection of the lot purchased or
leased,
prior to signing of the contract or agreement to
purchase or
lease; and
promotional
techniques to induce prospective purchasers or lessees
to
visit the subdivision or to purchase or lease a lot;
"(6) the sale or lease of a lot, if a mobile home is to be
erected or placed thereon as a residence, where the lot is sold as
a homesite by one party and the home by another, under contracts
that obligate such sellers to perform, contingent upon the other
seller carrying out its obligations so that a completed mobile
home will be erected or placed on the completed homesite within a
period of two years, and provide for all funds received by the
sellers to be deposited in escrow accounts (controlled by parties
independent of the sellers) until the transactions are completed,
and further provide that such funds shall be released to the buyer
on demand without prejudice if the land with the mobile home
erected or placed thereon is not conveyed within such two-year
period. Such homesite must conform to all local codes and
standards for mobile home subdivisions, if any, must provide
potable water, sanitary sewage disposal, electricity, access by
roads, the purchaser must receive marketable title to the lot, and
where common facilities are to be provided, they must be completed
or fully funded;
"(7)(A) the sale or lease of real estate by a developer who is
engaged in a sales operation which is intrastate in nature. For
purposes of this ememption, a lot may be sold only if--,
encumbrances, and
adverse claims;
made a
personal on-the-lot inspection of the lot to be
purchased or
leased;
party
responsible for, providing and maintaining the roads,
water facilities, sewer facilities and any existing or
promised amenities; and
contract
or agreement may be revoked at the option of the
purchaser or lessee until midnight of the seventh day
following the signing of such contract or agreement or
until such later time as may be required pursuant to
applicable State laws; and
writing
the receipt of a written statement by the developer
containing
good faith estimates of the cost of providing electric,
water, sewer, gas, and telephone service to such lot.
"(B) As used in subparagraph (A)(i) of this paragraph, the
terms 'liens', 'encumbrances', and 'adverse claims' do not include
United States land patents and similar Federal grants or
reservations, property reservations which land developers commonly
convey or dedicate to local bodies or public utilities for the
purpose of bringing public services to the land being developed,
taxes and assessments imposed by a State, by any other public body
having authority to assess and tax property, or by a property
owners' association, which, under applicable State or local law,
constitute liens on the property before they are due and payable
or beneficial property restrictions which would be enforceable by
other lot owners or lessees in the subdivision, if--,
sale or
lease is entered into, has furnished each purchaser or
lessee
with a statement setting forth in descriptive and
concise
terms all such liens, reservations, taxes, assessments
and
restrictions which are applicable to the lot to be
purchased
or leased; and
"(C) For the purpose of this paragraph, a sales operation is
'intrastate in nature' if the developer is subject to the laws of
the State in which the land is located, and each lot in the
subdivision, other than those which are exempt under section
1403(a), (b)(6), or (b)(8), is sold or leased to residents of the
State in which the land is located; or
"(8) the sale or lease of a lot in a subdivision containing
fewer than three hundred lots if--,
is
within the same standard metropolitan statistical area,
as
defined by the Office of Management and Budget, as
the lot
purchased or leased;
mortgages,
deeds of trust, tax liens, mechanics liens, or
judgments) at
the time of the signing of the contract or agreement and
until a deed is delivered to the purchaser or the lease
expires. As used in this subparagraph, the term
'liens' does
not include (i) United States land patents and
similar Federal
grants or reservations, (ii) property reservations which
land developers commonly convey or dedicate to local
bodies
or public utilities for the purpose of bringing public
services
to the land being developed, (iii) taxes and assessments
imposed by a State, by any other public body having
authority
to assess and tax property, or by a property owners'
association, which, under applicable State or local
law,
constitute liens on the property before they are due and
payable or beneficial property restrictions which would
be
enforceable by other lot owners or lessees in the
subdivision,
or (iv) other interests described in regulations
prescribed by
the Secretary;
made a
personal on-the-lot inspection of the lot to be
purchased or
leased;
clear
and specific statement describing a good faith estimate
of the
year of completion of and the party responsible for
providing
and maintaining the roads, water facilities, sewer
facilities
and any existing or promised amenities; and (ii) a
nonwaivable
provision specifying that the contract or agreement may
be revoked at the option of the purchaser or lessee
until
midnight of the seventh day following the signing of
such
contract or agreement or until such later time as may be
required pursuant to applicable State laws;
writing
receipt of a written statement by the developer setting
forth
(i) in descriptive and concise terms all liens,
reservations,
taxes, assessments, beneficial property restrictions
which
would be enforceable by other lot owners or lessees in
the
subdivision, and adverse claims which are applicable to
the
lot to be purchased or leased, and (ii) good faith
estimates of
the cost of providing electric, water, sewer, gas, and
telephone
service to such lot;
purchaser a
written instrument designating a person within the
State of
residence of the purchaser as his agent for service of
process
and acknowledging that the developer submits to the
legal
jurisdiction of the State in which the purchaser or
lessee
resides; and
provided
by the Secretary, which shall include the following:
the
name and address of the developer; the name and address
of
the purchaser or lessee; a legal description of the
lot; an
affirmation that the provisions of this paragraph have
been
complied with; a statement that the developer submits
to the
jurisdiction of this title with regard to the sale or
lease; and
the signature of the developer.".
Sec. 403. Section 1404 of the Interstate Land Sales Full Disclosure
Act // 15 USC 1703. // is amended to read as follows:
LOTS
" Sec. 1404. (a) It shall be unlawful for any developer or agent,
directly or indirectly, to make use of any means or instruments of
transportation or communication in interstate commerce, or of the
mails--,
"(1) with respect to the sale or lease of any lot not exempt
under section 1403--,
record
with respect to such lot is in effect in accordance
with section
1407;
// 15 USC 1706. //
// 15 USC 1707. //
has been
furnished to the purchaser or lessee in advance of the
signing of any contract or agreement by such purchaser
or
lessee;
statement
of record or the property report contained an untrue
statement
of a material fact or omitted to state a material fact
required to be stated therein pursuant to sections 1405
through 1408 of this title or any regulations
thereunder; or
inconsistent
with information required to be disclosed in the
property report; or
"(2) with respect to the sale or lease, or offer to sell or
lease, any lot not exempt under section 1403(a)--,
defraud;
made
and within the context of the overall offer and sale or
lease)
not misleading, with respect to any information
pertinent to
the lot or subdivision;
deceit
upon a purchaser; or
electric
service, or recreational amenities will be provided or
completed
by the developer without stipulating in the contract of
sale or lease that such services or amenities will be
provided
or completed.
"(b) Any contract or agreement for the sale or lease of a lot not
exempt under section 1403 may be revoked at the option of the purchaser
or lessee until midnight of the seventh day following the signing of
such contract or agreement or until such later time as may be required
pursuant to applicable State laws, and such contract or agreement shall
clearly provide this right.
"(c) In the case of any contract or agreement for the sale or lease
of a lot for which a property report is required by this title and the
property report has not been given to the purchaser or lessee in advance
of his or her signing such contract or agreement, such contract or
agreement may be revoked at the option of the purchaser or lessee within
two years from the date of such signing, and such contract or agreement
shall clearly provide this right.
"(d) Any contract or agreement which is for the sale or lease of a
lot not exempt under section 1403 and which does not provide--,
"(1) a description of the lot which makes such lot clearly
identifiable and which is in a form acceptable for recording by
the appropriate public official responsible for maintaining land
records in the jurisdiction in which the lot is located;
"(2) that, in the event of a default or breach of the contract
or agreement by the purchaser or lessee, the seller or lessor (or
successor thereof) will provide the purchaser or lessee with
written notice of such default or breach and of the opportunity,
which shall be given such purchaser or lessee, to remedy such
default or breach within twenty days after the date of the receipt
of such notice; and
"(3) that, if the purchaser or lessee loses rights and interest
in the lot as a result of a default or breach of the contract or
agreement which occurs after the purchaser or lessee has paid 15
per centum of the purchase price of the lot, excluding any
interest owed under the contract or agreement, the seller or
lessor (or successor thereof) shall refund to such purchaser or
lessee any amount which remains after subtracting (A) 15 per
centum of the purchase price of the lot, excluding any interest
owed under the contract or agreement, or the amount of damages
incurred by the seller or lessor (or successor thereof) as a
result of such breach, whichever is greater, from (B) the amount
paid by the purchaser or lessee with respect to the purchase price
of the lot, excluding any interest paid under the contract or
agreement,
may be revoked at the option of the purchaser or lessee for two years
from the date of the signing of such contract or agreement. This
subsection shall not apply to the sale of a lot for which, within one
hundred and eighty days after the signing of the sales contract, the
purchaser receives a warranty deed (or, where such deed is not commonly
used in the jurisdiction where the lot is located, a deed or grant that
warrants at least that the grantor has not conveyed the lot to another
person and that the lot is free from encumbrances made by the grantor or
any other person claiming by, through, or under him or her).
"(e) If a contract or agreement is revoked pursuant to subsection
(b), (c), or (d), if the purchaser or lessee tenders to the seller or
lessor (or successor thereof) an instrument conveying his or her rights
and interests in the lot, and if the rights and interests and the lot
are in a condition which is substantially similar to the condition in
which they were conveyed or purported to be conveyed to the purchaser or
lessee, such purchaser or lessee shall be entitled to all money paid by
him or her under such contract or agreement.".
Sec. 404. Section 1409 of the Interstate Land Sales Full Disclosure
Act // 15 USC 1708. // is amended to read as follows:
" Sec. 1409. (a)(1) A State shall be certified if the Secretary
determines--,
"(A) that, when taken as a whole, the laws and regulations of
the State applicable to the sale or lease of lots not exempt under
section 1403 require the seller or lessor of such lots to disclose
information which is at least substantially equivalent to the
information required to be disclosed by section 1408;
// 15 USC 1707. //
and
"(B) that the State's administration of such laws and
regulations provides, to the maximum extent practicable, that such
information is accurate.
"(2) In the case of any State which is not certified under paragraph
(1), such State shall be certified if the Secretary determines--,
"(A) that, when taken as a whole, the laws and regulations of
the State applicable to the sale or lease of lots not exempt under
section 1403 provide sufficient protection for purchasers and
lessees with respect to the matters for which information is
required to be disclosed by section 1408
// 15 USC 1707. // but which is not required
to be disclosed by such State's laws and regulations; and
"(B) that the State's administration of such laws and
regulations provides, to the maximum extent practicable, that (i)
information required to be disclosed by such laws and regulations
is accurate, and (ii) sufficient protection for purchasers and
lessees is made available with respect to the matters for which
information is not required to be disclosed.
"(3) Any State requesting certification must agree to accept a
property report covering land located in another certified State but
offered for sale or lease in the State requesting certification if the
property report has been approved by the other certified State. Such
property report shall be the only property report required by the State
with respect to the sale or lease of such land.
"(b) After the Secretary has certified a State under subsection (a),
the Secretary shall accept for filing under sections 1405 through 1408
// 15 USC 1704, 1707. // (and declare effective as the Federal
statement of record and property report which shall be used in all
States in which the lots are offered for sale or lease) disclosure
materials found acceptable, and any related documentation required, by
State authorities in connection with the sale or lease of lots located
within the State. The Secretary may accept for such filing, and declare
effective as the Federal statement of record and property report, such
materials and documentation found acceptable by the State in connection
with the sale or lease of lots located outside that State. Nothing in
this subsection shall preclude the Secretary from exercising the
authority conferred by subsections (d) and (e) of section 1407. // 15
USC 1706. //
"(c) If a State fails to meet the standards for certification
pursuant to subsection (a), the Secretary shall notify the State in
writing of the changes in State law, regulation, or administration that
are needed in order to obtain certification.
"(d) The Secretary shall periodically review the laws and
regulations, and the administration thereof, of States certified under
subsection (a), and may withdraw such certification upon a determination
that such laws, regulations, and the administration thereof, taken as a
whole, no longer meet the requirements of subsection (a).
"(e) Nothing in this title may be construed to prevent or limit the
authority of any State or local government to enact and enforce with
regard to the sale of land any law, ordinance, or code not in conflict
with this title. In administering this title, the Secretary shall
cooperate with State authorities charged with the responsibility of
regulating the sale or lease of lots which are subject to this title.".
Sec. 405. Section 1410 of the Interstate Land Sales Full Disclosure
Act // 15 USC 1709. // is amended to read as follows:
" Sec. 1410. (a) A purchaser or lessee may bring an action at law or
in equity against a developer or agent if the sale or lease was made in
violation of section 1404(a). In a suit authorized by this subsection,
the court may order damages, specific performance, or such other relief
as the court deems fair, just, and equitable. In determining such
relief the court may take into account, but not be limited to, the
following factors: the contract price of the lot or leasehold; the
amount the purchaser or lessee actually paid; the cost of any
improvements to the lot; the fair market value of the lot or leasehold
at the time relief is determined; and the fair market value of the lot
or leasehold at the time such lot was purchased or leased.
"(b) A purchaser or lessee may bring an action at law or in equity
against the seller or lessor (or successor thereof) to enforce any right
under subsection (b), (c), (d), or (e) of section 1404.
"(c) The amount recoverable in a suit authorized by this section may
include, in addition to matters specified in subsections (a) and (b),
interest, court costs, and reasonable amounts for attorneys' fees,
independent appraisers' fees, and travel to and from the lot.
"(d) Every person who becomes liable to make any payment under this
section may recover contribution as in cases of contract from any person
who, if sued separately, would have been liable to make the same
payment.".
Sec. 406. Section 1412 of the Interstate Land Sales Full Disclosure
Act // 15 USC 1711. // is amended to read as follows:
" Sec. 1412. (a) No action shall be maintained under section 1410
with respect to--,
"(1) a violation of subsection (a)(1) or (a)(2)(D) of section
1404 more than three years after the date of signing of the
contract of sale or lease; or
"(2) a violation of subsection (a)(2)(A), (a)(2)(B), or (a)(
2)(C) of section 1404 more than three years after discovery of the
violation or after discovery should have been made by the exercise
of reasonable diligence.
"(b) No action shall be maintained under section 1410 to enforce a
right created under subsection (b), (c), (d), or (e) of section 1404
unless brought within three years after the signing of the contract or
lease, notwithstanding delivery of a deed to a purchaser.".
Sec. 407. Section 1416 of the Interstate Land Sales Full Disclosure
Act // 15 USC 1715. // is amended by adding at the end thereof the
following:
"(c) The Secretary shall conduct all actions with respect to
rulemaking or adjudication under this title in accordance with the
provisions of chapter 5 of title 5, United States Code. Notice shall be
given of any adverse action or final disposition and such notice and the
entry of any order shall be accompanied by a written statement of
supporting facts and legal authority.".
Sec. 408. Section 1418 of the Interstate Land Sales Full Disclosure
Act // 15 USC 1717. // is amended to read as follows:
" Sec. 1418. Any person who willfully violates any of the provisions
of this title, or the rules and regulations prescribed pursuant thereto,
or any person who willfully, in a statement of record filed under, or in
a property report issued pursuant to, this title, makes any untrue
statement of a material fact or omits to state any material fact
required to be stated therein, shall upon conviction be fined not more
than $10,000 or imprisoned not more than five years, or both.".
Sec. 409. The Interstate Land Sales Full Disclosure Act // 15 USC
1720. 15 USC 1701 // is amended by redesignating sections 1421 and 1422
as sections 1422 and 1423, respectively, and by inserting the following
new section after section 1420:
" Sec. 1421. // 15 USC 1719a. // The Secretary shall prepare and
submit to the Congress on March 1, 1981, and biennially thereafter a
report on the administration of this title and its impact upon the land
development industry and purchasers and lessees of undeveloped land.
Such report shall include but not be restricted to the analysis of--,
"(1) consumer and industry complaints and their resolution,
with particular emphasis on the impact of various statutory and
regulatory exemptions;
"(2) the effect the State certification has had in encouraging
States to provide protection to purchasers of undeveloped land;
and
"(3) efforts by the Secretary to simplify registration and
disclosure procedures.
The report shall also contain such legislative recommendations as the
Secretary deems advisable.".
Sec. 410. The amendments made by this title // 15 USC 1701 // shall
become effective on the effective date of regulations implementing such
amendments, but in no case later than six months following the date of
enactment of this Act, except that section 1403(b)(7) of the Interstate
Land Sales Full Disclosure Act, contained in the amendment made by
section 402, shall become effective on the date of enactment.
Sec. 501. (a) Section 513 of the Housing Act of 1949 // 42 USC 1483.
// is amended to read as follows:
" Sec. 513. (a) The Secretary may, as approved in appropriation
Acts, insure and guarantee loans under the authorities provided in this
title in an aggregate principal amount not to exceed $4,484,000,000 with
respect to fiscal year ending September 30, 1980; except that--,
"(1) not less than $3,070,000,000 of any amount so approved in
appropriation Acts for such year shall be made available for loans
insured or guaranteed on behalf of borrowers receiving assistance
pursuant to subparagraph (B) or (C) of section 521(a)( 1);
// 42 USC 1490a. //
"(2) not more than $38,000,000 of such amount so approved for
such fiscal year may be made available for loans insured under
section 514; and
"(3) not more than $5,000,000 of such amount so approved shall
be available for making advances under section 501(e)
// 42 USC 1471. //
for such fiscal year.
"(b) There are authorized to be appropriated--,
"(1) such sums as may be necessary to meet payments on notes or
other obligations issued by the Secretary under section 511
// 42 USC 1481. //
equal to (A) the aggregate of the contributions made by the
Secretary in the form of credits on principal due on loans made
pursuant to section 503,
// 42 USC 1473. //
and (B) the interest due on a similar sum represented by notes or
other obligations issued by the Secretary;
"(2) not to exceed $48,000,000 for loans and grants pursuant to
section 504
// 42 USC 1474. //
for the fiscal year ending September 30, 1980;
"(3) not to exceed $30,000,000 for financial assistance
pursuant to section 516
// 42 USC 1486. //
for the fiscal year ending September 30, 1980;
"(4) not to exceed $1,500,000 for the purposes of section 525(
a),
// 42 USC 1490e. //
of which not less than $750,000 shall be used for counseling
purchasers and delinquent borrowers, and not to exceed $1,000,000
for the purposes of section 525(b) for the fiscal year ending
September 30, 1980; and
"(5) such sums as may be required by the Secretary to
administer the provisions of sections 235 and 236 of the National
Housing Act and section 8 of the United States Housing Act of
1937.".
// 12 USC 1715z. 12 USC 1715z-1. //
(b) Section 514(d) of such Act // 42 USC 1437f. // is repealed.
(c)(1) Section 521(a)(1)(C) of such Act // 42 USC 1484. 42 USC
1490a. // is amended by adding the following new sentences at the end
thereof: " The amount of such additional assistance which may be
approved in appropriation Acts may not exceed an aggregate amount of
$985,000,000 for contracts entered into with respect to fiscal year 1979
and an aggregate amount of $500,000,000 for contracts entered into with
respect to fiscal year 1980. Such additional assistance may not be so
approved with respect to any fiscal year after fiscal year 1980.".
(2) Section 521(c) of such Act is amended by inserting the following
new sentence after the first sentence thereof: " There are authorized
to be appropriated to the Rural Housing Insurance Fund such sums as may
be necessary to reimburse such fund for the amount of assistance
payments described in subsection (a)(1)(C).".
(3) Section 521(a)(1) of such Act is amended by striking out
subparagraph (H).
(d) Section 523(f) of such Act // 42 USC 1490c. // is amended--,
(1) by striking out the first sentence and inserting in lieu
thereof the following: " There is authorized to be appropriated
an amount to carry out this section not to exceed $5,000,000 for
the fiscal year ending September 30, 1980."; and
(2) by striking out " November 30, 1979" in the second sentence
and inserting in lieu thereof " September 30, 1980".
(e) Section 523(g) of such Act is amended by striking out "and not to
exceed $3,000,000 for the fiscal year ending September 30, 1979" and
inserting in lieu thereof "not to exceed $3,000,000 for the fiscal year
ending September 30, 1979, and not to exceed $1,000,000 for the fiscal
year ending September 30, 1980".
(f) Section 515(b)(5) of such Act // 42 USC 1485. // is amended by
striking out " November 30, 1979" and inserting in lieu thereof "
September 30, 1980".
(g) Section 517(a)(1) of such Act // 42 USC 1487. // is amended by
striking out " November 30, 1979" and inserting in lieu thereof "
September 30, 1980".
Sec. 502. (a) Section 521(a)(1)(A) of the Housing Act of 1949 // 42
USC 1490a. // is amended by inserting before the period at the end of
the first sentence the following: ", except that such loans to provide
housing and related facilities for persons or families of moderate
income shall bear interest at the rate established by the Secretary of
Housing and Urban Development under section 3(a) of Public Law 90 - 301
// 12 USC 1709-1. // with respect to maximum interest rates established
for mortgages insured under section 203(b) of the National Housing Act
// 12 USC 1709. // if the Secretary determines that the borrower can
afford such higher interest charges".
(b) Section 501(b) of such Act // 42 USC 1471. // is amended by
adding at the end thereof the following:
"(4) For the purpose of this title, the term 'persons of low income'
and the term 'persons and families of low income' means families and
persons whose income do not exceed 80 per centum of the median income
for the area, as determined by the Secretary with adjustments for
smaller and larger families, except that (A) if the Secretary determines
that it is impracticable to use the median income for any area, the
Secretary may use for such area the median income of all the
nonmetropolitan areas in the State, and (B) the Secretary may establish
income ceilings higher or lower than 80 per centum of median income on
the basis of his findings that such variations are necessary because of
prevailing levels of construction costs, unusually high or low family
incomes, or other factors.
"(5) For the purpose of this title, the term 'income' means income
from all sources of each member of a household, as determined in
accordance with criteria prescribed by the Secretary.".
SECTIONS 514 AND 515
Sec. 503. (a) Section 502(b)(2) of the Housing Act of 1949 // 42 USC
1472. // is amended by inserting the following before the semicolon at
the end thereof: ", except that any prepayment of a loan made or
insured under section 514 or 515 // 42 USC 1484. 42 USC 1485. // shall
be subject to the provisions of subsection (c)".
(b) Section 502 of such Act is amended by inserting the following new
subsection at the end thereof:
"(c)(1) Except as provided in paragraph (2), the Secretary may not
accept an offer to prepay, or request refinancing in accordance with
subsection (b)(3) of, any loan made or insured under section 514 or 515
of this title pursuant to a contract entered into before or after the
date of enactment of this subsection, unless the Secretary takes
appropriate action which will obligate the borrower (and successors in
interest thereof) to utilize the assisted housing and related facilities
for the purposes specified in section 514 or 515, as the case may be,
for a period of--,
"(A) fifteen years from the date on which the loan was made in
the case of a loan made or insured pursuant to a contract entered
into before or after the date of enactment of this subsection and
utilized for housing and related facilities which have not
received assistance under section 521 (a)(1)(B) or (a)(2) of this
title
// 42 USC 1490a. //
or section 8 of the United States Housing Act of 1937;
// 42 USC 1437f. //
or
"(B) twenty years from the date on which the loan was made in
the case of any other such loan;
or until the Secretary determines (prior to the end of such period) that
there is no longer a need for such housing and related facilities to be
so utilized or that Federal or other financial assistance provided to
the residents of such housing will no longer be provided.
"(2) In the case of any such loan made or insured pursuant to a
contract entered into before the date of enactment of this subsection,
the Secretary, after examining an offer to prepay such loan and the
likely consequences of accepting such offer, shall accept such offer
without taking the appropriate action described in paragraph (1) unless,
after such examination, the Secretary determines that--,
"(A) due to a change in the use of such housing and related
facilities, or to an increase in rental or other charges, likely
to occur as a result of prepayment, the low and moderate income
and elderly tenants occupying the assisted housing and related
facilities at the time of such offer cannot reasonably be expected
to remain in occupancy for the applicable period described in
paragraph (1), but notwithstanding such a determination, the
Secretary shall accept such an offer without taking such
appropriate action if such tenants who are likely to be displaced
as a result of such changes or increases will be provided with
affordable, decent, safe, sanitary, and available alternative
housing; or
"(B) in the case of housing and related facilities containing
more than ten dwelling units, the changes likely to occur as a
result of such prepayment will have a substantial, adverse effect
on the supply of affordable, decent, safe, and sanitary housing
available to low and moderate income and elderly persons in the
area in which such housing and related facilities are located.".
Sec. 504. (a) The first sentence of section 521(a)(2)(A) of the
Housing Act of 1949 // 42 USC 1490a. // is amended--,
(1) by striking out "public and private nonprofit owners" and
inserting in lieu thereof "the owners"; and
(2) by inserting a comma before "congregate".
(b) Section 521(a)(2)(A) of the Housing Act of 1949 is amended--,
(1) by striking out "20 per centum" each place it appears in
the second sentence and inserting in lieu thereof "70 per centum";
(2) by inserting "to a public or private nonprofit owner" after
"section 514"
// 42 USC 1484. //
the first time it appears in clause (i) of the second sentence;
and
(3) by inserting after the second sentence the following: " In
approving projects for assistance under this paragraph, the
Secretary shall give a priority to projects in which assistance is
provided to 40 per centum or fewer of the units contained in the
project.".
Sec. 505. Section 523(b) of the Housing Act of 1949 // 42 USC 1490c.
// is amended--,
(1) by striking out "and" at the end of paragraph (1);
(2) by redesignating paragraph (2) as paragraph (3); and
(3) by inserting after paragraph (1) the following:
regional
private nonprofit corporations to provide training and
technical
assistance to public or private nonprofit corporations,
agencies,
institutions, organizations, and other associations
eligible to
receive assistance under this section in order to
expand the use of
authorities contained in this section and to improve
performance;
and".
Sec. 506. Section 501(a)(4) of the Housing Act of 1949 // 42 USC
1471. // is amended by inserting "and" after the comma at the end of
subparagraph (A), and by striking out subparagraphs (B) and (C) and
inserting in lieu thereof the following:
"(B)(i) if not refinanced, is likely to result (because of
circumstances beyond the control of the applicant) at an early
date in the loss of the applicant's necessary dwelling or
essential farm service buildings, or
"(ii) if combined (in the case of a dwelling that the Secretary
finds not to be decent, safe, and sanitary) with a loan for
improvement, rehabilitation, or repairs and not refinanced, is
likely to result in the applicant's continuing to be deprived of a
decent, safe, and sanitary dwelling.".
Sec. 507. Section 510(e) of the Housing Act of 1949 // 42 USC 1480.
// is amended--,
(1) by inserting ", to repair and rehabilitate such property,"
after " United States therein"; and
(2) by inserting before the semicolon at the end thereof the
following: "; except that the Secretary may not sell or
otherwise dispose of such property unless (1) the Secretary
assures that such property will meet decent, safe, and sanitary
standards, (2) the recipient of the property is obligated, as a
condition of the sale or other disposition of the property, to
meet such standards with respect to the property before such
property is occupied, or (3) such recipient is precluded, as a
condition of the sale or other disposition of the property, from
using the property for residential purposes".
Sec. 508. Section 509(c) of the Housing Act of 1949 // 42 USC 1479.
// is amended by striking out "within eighteen months after such date of
enactment" in the first sentence and inserting in lieu thereof "within
thirty-six months after such date of enactment".
Sec. 509. Section 516 of the Housing Act of 1949 // 42 USC 1486. //
is amended by adding at the end thereof the following:
"(h) Notwithstanding the provisions of subsection (a)(3), the
Secretary may, upon a finding of persistent need for migrant farmworker
housing in any area, provide assistance to eligible applicants for 90
per centum of the development costs of such housing in such area to be
used solely by migrant farmworkers while they are away from their
residence. Such housing shall be constructed in such a manner as to be
safe and weatherproof for the time it is to be occupied, be equipped
with potable water and modern sanitation facilities (including a kitchen
sink, toilet, and bathing facilities), and meet such other requirements
as the Secretary may prescribe.".
AND LOAN- GRANT
COMBINATIONS
Sec. 510. The second sentence of section 504(a) of the Housing Act
of 1949 // 42 USC 1474. // is amended to read as follows: " No
assistance shall be extended to any individual or family under this
subsection in the form of a grant in excess of $5,000, and no assistance
shall be extended to any individual or family under this subsection in
the form of a loan or a combined loan and grant in excess of $7,500.".
Sec. 511. Section 517(o) of the Housing Act of 1949 // 42 USC 1487.
// is amended--,
(1) by inserting "(1)" before " At"; and
(2) by adding the following new paragraph at the end thereof:
"(2) At least 30 per centum of the assistance made available in any
area of any State pursuant to this title in any fiscal year shall, to
the extent practicable, benefit persons with incomes below 50 per centum
of the median income which is determined for that area in accordance
with section 501(b)(4).". // 42 USC 1471. //
Sec. 601. Section 1201 of the National Housing Act // 12 USC
1749aaa. // is amended--,
(1) by striking out in subsection (b)(1), " September 30, 1980"
and inserting in lieu thereof " September 30, 1981";
(2) by striking out, in subsection (b)(1)(A), " September 30,
1983" and inserting in lieu thereof " September 30, 1984"; and
(3) by striking out, in subsection (b)(2), "or as soon
thereafter as possible,".
Sec. 602. (a) Section 1319 of the National Flood Insurance Act of
1968 // 42 USC 4026. // is amended by striking out " September 30,
1980" and inserting in lieu thereof " September 30, 1981".
(b) Section 1336(a) of such Act // 42 USC 4056. // is amended by
striking out " September 30, 1980" and inserting in lieu thereof "
September 30, 1981".
(c) Section 1376(c) of such Act // 42 USC 4127. // is amended by
striking out "and not to exceed $114,000,000 for the fiscal year 1979"
and inserting in lieu thereof the following: "not to exceed
$114,000,000 for the fiscal year 1979, and not to exceed $74,000,000 for
the fiscal year 1980".
Sec. 603. (a) Section 1105(a) of the Urban Property Protection and
Reinsurance Act of 1968 (title XI of the Housing and Urban Development
Act of 1968) // 42 USC 3533a. // is amended by striking out "
Department of Housing and Urban Development" and substituting in lieu
thereof " Federal Emergency Management Agency".
(b) Section 5315(91) of title 5, United States Code, is amended by
striking out " Department of Housing and Urban Development" and
substituting in lieu thereof " Federal Emergency Management Agency".
Approved December 21, 1979.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 96 - 154 (Comm. on Banking, Finance and Urban
Affairs) and No. 96 - 706 (Comm. of Conference).
SENATE REPORTS: No. 96 - 145 accompanying S. 903, No 96 - 157
accompanying S. 1064, and No. 96 - 164 accompanying S. 1149 (Comm. on
Banking, Housing, and Urban Affairs) and No. 96 - 496 (Comm. of
Conference).
CONGRESSIONAL RECORD, Vol. 125 (1979):
May 31, June 4 - 7, considered and passed House.
July 12, 13, S. 903, S. 1064, and S. 1149, considered in
Senate.
July 13, H.R. 3875 considered and passed Senate, amended, in
lieu of S. 903, S. 1064, and S. 1149.
Dec. 18, Senate agreed to conference report.
Dec. 19, House agreed to conference report.
PUBLIC LAW 96-152, 93 STAT, 1099
Capitol Police, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) section 1821 of
the Revised Statutes of the United States (40 U.S.C. 206) is amended by
adding at the end thereof the following new sentence: " The Capitol
Police shall be headed by a Chief who shall be appointed by the Capitol
Police Board and shall serve at the pleasure of the Board.".
(b) The individual serving as Chief of the Capitol Police on the
effective date of this Act shall be deemed, effective on such date, to
be appointed to the position established by the amendment made by
subsection (a).
(c) The Chief of the Capitol Police shall receive compensation at a
rate determined by the Capitol Police Board, but not to exceed the
annual rate of basic pay payable for level IV of the Executive Schedule
under section 5315 of title 5, United States Code. // 44 FR 58678. //
Sec. 2. (a) Any member of the Metropolitan Police force detailed to
the Capitol Police (other than the individual referred to in subsection
(b) of the first section)--,
(1) who on August 31, 1980, has completed 20 years or more of
police service shall be reassigned to the Metropolitan Police
force effective October 1, 1980, unless during the 30-day period
beginning on September 1, 1980, such member makes an election
under subsection (b); or
(2) who after August 31, 1980, completes 20 years of police
service shall be reassigned to the Metropolitan Police force
effective at the end of the 30-day period beginning on the date of
such completion, unless, during such period, such member makes an
election under subsection (b).
(b)(1) A member of the Metropolitan Police force described in
subsection (a) may elect to transfer to the Capitol Police with the
rank, pay, and seniority that are most nearly equivalent to the rank,
pay, and seniority of such member on the day before the date of such
transfer, as determined by the Capitol Police Board.
(2) A transfer to the Capitol Police under this subsection shall be
effective on the date on which the electing member would have been
reassigned to the Metropolitan Police force but for the election by such
member under paragraph (1).
(3) An election under paragraph (1) shall be made in writing to the
Chairman of the Capitol Police Board in such form and manner as may be
prescribed by the Board.
(c) In each case in which a member of the Metropolitan Police force
transfers to the Capitol Police under subsection (b), the position
occupied by such member immediately before the effective date of such
transfer shall, beginning on such date, be a position on the rolls of
the Capitol Police for the purpose of providing for the assimilation of
such member.
Sec. 3. (a) Any police service--,
(1) of the individual referred to in subsection (b) of the
first section shall be treated, effective on the effective date of
this Act; and
(2) of a member of the Metropolitan Police force transferred to
the Capitol Police under section 2(b) shall be treated, effective
on the effective date of such transfer;
as creditable service as a congressional employee for purposes of
determining eligibility for, and the amount of, an annuity under
subchapter III of chapter 83 of title 5, United States Code. // 5 USC
8331 //
(b) Effective on the date on which police service is first treated as
creditable service as a congressional employee under subsection (a), the
individual or member involved shall forfeit all annuity rights under the
Policemen and Firemen's Retirement and Disability Act (D.C. Code, sec.
4 - 521 et seq.).
Sec. 4. (a) An amount equal to the total amount of--,
(1) deductions and withholdings from pay for retirement under
the Policemen and Firemen's Retirement and Disability Act (D.C.
Code, sec. 4 - 521 et seq.) for police service treated as
creditable service as a congressional employee under section 3;
and
(2) sums paid by the Congress to the District of Columbia as a
retirement contribution for any such police service performed
while detailed to the Capitol Police;
shall be paid by the Mayor of the District of Columbia into the Treasury
to the credit of the Civil Service Retirement and Disability Fund. For
purposes of section 8334(c) of title 5, United States Code, such payment
shall constitute the required deposit for police service treated as
creditable service as a congressional employee under section 3.
(b) Payments into the Treasury required by subsection (a) shall be
made not later than the date on which police service is first treated as
creditable service as a congressional employee under section 3 with
respect to the individual or member involved.
Sec. 5. As used in this Act--,
(1) the term " Metropolitan Police force" means the
Metropolitan Police force of the Districe of Columbia; and
(2) the term "police service" means creditable service under
subdivision (c) of the Policemen and Firemen's Retirement and
Disability Act (D.C. Code, sec. 4 - 523).
Sec. 6. Until otherwise provided by law, the contingent fund of the
House of Representatives shall be available to carry out this Act.
Sec. 7. This Act // 40 USC 206 // shall take effect on the first day
of the second month after the month in which this Act is enacted.
Approved December 20, 1979.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 581 (Comm. on House Administration).
SENATE REPORT No. 96 - 436 (Comm. on Rules and Administration).
CONGRESSIONAL RECORD, Vol. 125 (1979):
Nov. 8, considered and passed House.
Dec. 6, considered and passed Senate.
PUBLIC LAW 96-151, 93 STAT, 1092, VETERANS HEALTH PROGRAMS EXTENSION
AND IMPROVEMENT ACT OF 1979
authorizations of appropriations
for certain grant programs and to revise certain
provisions regarding such
programs, to revise and clarify eligibility for certain
health-care benefits, to revise
certain provisions relating to the personnel system of
the Department of Medicine
and Surgery, and to assure that personnel ceilings are
allocated to the Veterans'
Administration to employ the health-care staff for
which funds are appropriated;
to require the Veterans' Administration to conduct an
epidemiological study
regarding veterans exposed to Agent Orange; and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) this Act // 38
USC 101 // may be cited as the " Veterans Health Programs Extension and
Improvement Act of 1979".
(b) Whenever in this Act (except in section 306) an amendment or
repeal is expressed in terms of an amendment to, or repeal of, a section
or other provision, the reference shall be considered to be made to a
section or other provision of title 38, United States Code.
EXPIRING
VETERANS' ADMINISTRATION HEALTH PROGRAMS
Sec. 101. (a) Section 5033(a) // 38 USC 5033. // is amended by
striking out "and a like sum for the succeeding fiscal year" and
inserting in lieu thereof "a like sum for each of the two succeeding
fiscal years, and such sums as may be necessary for the fiscal years
ending September 30, 1981, and September 30, 1982".
(b)(1) Section 641(a) // 38 USC 641. // is amended by striking out
"$5.50", "$10.50", and "$11.50" and inserting in lieu thereof "$6.35",
"$12.10", and "$13.25", respectively.
(2) The amendments made by paragraph (1) // 38 USC 641 // shall take
effect on January 1, 1980, but, with respect to fiscal year 1980, shall
take effect only to such extent and in such amounts as may be
specifically provided for such purpose in appropriation Acts.
Sec. 102. (a) Section 5054 // 38 USC 5054. // is amended by adding
at the end the following new subsection:
"(c) The Administrator is authorized to enter into agreements with
public and nonprofit private institutions, organizations, corporations,
and other entities in order to participate in cooperative health-care
personnel education programs within the geographical area of any
Veterans' Administration health-care facility located in an area remote
from major academic health centers.".
(b) Section 5055(c)(1) // 38 USC 5055. // is amended by inserting
"and for each of the three succeeding fiscal years" after "fiscal year
1979".
Sec. 103. (a) Subsection (b) of section 5070 // 38 USC 5070. // is
amended to read as follows:
"(b) The Administrator may not enter into any agreement under
subchapter I of this chapter // 38 USC 5071. // after September 30,
1979.".
(b)(1) Subsection (a) of section 5082 // 38 USC 5082. // is amended
to read as follows:
"(a) There is authorized to be appropriated for carrying out programs
authorized under this chapter $50,000,000 for the fiscal year ending
June 30, 1973; a like sum for each of the six succeeding fiscal years;
$15,000,000 for the fiscal year ending September 30, 1980; $25,000,000
for the fiscal year ending September 30, 1981; and $30,000,000 for the
fiscal year ending September 30, 1982.".
(2) Clause (1) of section 5083(b) // 38 USC 5083. // is amended by
striking out "and will result" and all that follows in such clause
through "at such school".
Sec. 201. (a) Section 111(e)(2)(A) // 38 USC 111. // is amended
by--
(1) striking out "based on an annual declaration and
certification by such person" and inserting in lieu thereof
"pursuant to regulations which the Administrator shall prescribe";
and
(2) striking out "a veteran" and all that follows through
"title" and inserting in lieu thereof "a person receiving benefits
for or in connection with a service-connected disability under
this title, a veteran receiving or eligible to receive pension
under section 521 of this title,
// 38 USC 521. //
or a person whose annual income, determined in accordance with
section 503 of this title,
// 38 USC 503. //
does not exceed the maximum annual rate of pension which would be
payable to such person if such person were eligible for pension
under section 521 of this title".
(b) Section 601 // 38 USC 601. // is amended by--
(1) striking out "transportation" in paragraph (5)(A) and
inserting in lieu thereof "travel";
(2) striking out subclause (ii) of paragraph (5)(C) and
inserting in lieu thereof "(ii) travel and incidental expenses for
such dependent or survivor under the terms and conditions set
forth in section 111 of this title"; and
(3) striking out "necessary expenses of travel and subsistence"
in paragraph (6)(B) and inserting in lieu thereof "travel and
incidental expenses".
(c) Section 614 // 38 USC 614. // is amended by--,
(1) striking out "necessary travel expenses" in subsection (a)
and inserting in lieu thereof "travel and incidental expenses
(under the terms and conditions set forth in section 111 of this
title)"; and
(2) striking out "all necessary travel expenses" in subsection
(b) and inserting in lieu thereof "travel and incidental expenses
(under the terms and conditions set forth in section 111 of this
title)".
(d) Section 628(a) // 38 USC 628. // is amended by striking out "the
necessary travel" and inserting in lieu thereof "travel and incidental
expenses under the terms and conditions set forth in section 111 of this
title".
Sec. 202. Section 601(4)(C)(iii) // 38 USC 601. // is amended by--,
(1) striking out "hospital care" the second place it appears
and inserting in lieu thereof "medical services"; and
(2) inserting "until such time as the veteran can be safely
transferred to any such facility" after "of this paragraph".
TREATMENT
Sec. 203. Section 612(b) // 38 USC 612. // is amended by adding at
the end below the last clause the following new sentence: " The total
amount which the Administrator may expend for furnishing, during any
twelve-month period, outpatient dental services, treatment, or related
dental appliances to a veteran under this section through private
facilities for which the Administrator has contracted under clause (i),
(ii), or (v) of section 601(4)(C) // 38 USC 601. // of this title may
not exceed $500 unless the Administrator determines, prior to the
furnishing of such services, treatment, or appliances and based on an
examination of the veteran by a dentist employed by the Veterans'
Administration (or, in an area where no such dentist is available, by a
dentist conducting such examination under a contract or fee
arrangement), that the furnishing of such services, treatment, or
appliances at such cost is reasonably necessary.".
PERIOD AND
WORLD WAR I AND FOR CERTAIN SEVERELY DISABLED
VETERANS
Sec. 204. Section 612(g) // 38 USC 612. // is amended by--,
(1) striking out " Where any veteran" and inserting in lieu
thereof " In the case of any veteran who is a veteran of the
Mexican border period or of World War I or who"; and
(2) adding at the end thereof the following new sentence: "
The Administrator may also furnish to any such veteran home health
services under the terms and conditions set forth in subsection
(f) of this section.".
Sec. 205. (a)(1) Section 613(a) // 38 USC 613. // is amended by--,
(A) striking out "wife" in clause (1) and inserting in lieu
thereof "spouse";
(B) striking out "and" at the end of clause (1);
(C) striking out "widow" in clause (2) and inserting in lieu
thereof "surviving spouse";
(D) inserting "and" at the end of clause (2); and
(E) inserting after clause (2) the following new clause:
"(3) the surviving spouse or child of a person who died in the
active military, naval, or air service in the line of duty and not
due to such person's own misconduct,".
(2) Section 613 is further amended by adding at the end the following
new subsection:
"(c) For the purposes of this section, a child between the ages of
eighteen and twenty-three (1) who is eligible for benefits under
subsection (a) of this section, (2) who is pursuing a full-time course
of instruction at an educational institution approved under chapter 36
of this title, // 38 USC 1770 // and (3) who, while pursuing such course
of instruction, incurs a disabling illness or injury (including a
disabling illness or injury incurred between terms, semesters, or
quarters or during a vacation or holiday period) which is not the result
of such child's own willful misconduct and which results in such child's
inability to continue or resume such child's chosen program of education
at an approved educational institution shall remain eligible for
benefits under this section until the end of the six-month period
beginning on the date the disability is removed, the end of the two-year
period beginning on the date of the onset of the disability, or the
twenty-third birthday of the child, whichever occurs first.".
(b) The amendments made by subsection (a) // 38 USC 613 // shall take
effect with respect to fiscal year 1980 only to such extent and for such
amounts as may be specifically provided for such purpose in
appropriation Acts.
Sec. 206. Except as otherwise provided in section 205(b), // 38 USC
111 // the amendments made by this title shall take effect on January 1,
1980.
Sec. 301. (a) Section 5010(a) // 38 USC 5010. // is amended by
adding at the end the following new paragraph:
"(4)(A) With respect to each law making appropriations for the
Veterans' Administration, there shall be provided to the Veterans'
Administration the funded personnel ceiling defined in subparagraph (D)
of this paragraph and the funds appropriated therefor.
"(B) In order to carry out the provisions of subparagraph (A) of this
paragraph, the Director of the Office of Management and Budget shall,
with respect to each such law (i) provide to the Veterans'
Administration for the fiscal year concerned such funded personnel
ceiling and the funds necessary to achieve such ceiling, and (ii) submit
to the appropriate committees of the Congress and to the Comptroller
General of the United States certification that the Director has so
provided such ceiling. Not later than the thirtieth day after the
enactment of such a law or, in the event of the enactment of such a law
more than thirty days prior to the fiscal year for which such law makes
such appropriations, not later than the tenth day of such fiscal year,
the certification required in the first sentence of this subpargraph
shall be submitted, together with a report containing complete
information on the personnel ceiling that the Director has provided to
the Veterans' Administration for the employees described in subparagraph
(D) of this paragraph.
"(C) Not later than the forty-fifth day after the enactment of each
such law, the Comptroller General shall submit to the appropriate
committees of the Congress a report stating the Comptroller General's
opinion as to whether the Director of the Office of Management and
Budget has complied with the requirements of such subparagraph in
providing to the Veterans' Administration such funded personnel ceiling.
"(D) For the purposes of this paragraph, the term 'funded personnel
ceiling' means, with respect to any fiscal year, the authorization by
the Director of the Office of Management and Budget to employ (under the
appropriation accounts for medical care, medical and prosthetic
research, and medical administration and miscellaneous operating
expenses) not less than the number of employees for the employment of
which appropriations have been made for such fiscal year.".
(b) The amendment made by subsection (a) // 38 USC 5010 // shall take
effect with respect to Public Law 96 - 103, but, with respect to such
Public Law, the certification and report required by subparagraph (B) of
paragraph (4) of section 5010 of title 38, United States Code (as added
by such amendment), and the report required by subparagraph (C) of such
paragraph (as added by such amendment) shall be submitted to the
appropriate committees of the Congress not later than January 15, 1980,
and February 1, 1980, respectively.
EMPLOYED IN THE
DEPARTMENT OF MEDICINE AND SURGERY
Sec. 302. (a) Section 4104(2) // 38 USC 4104. // is amended by
inserting "psychologists," after " Pharmacists,".
(b)(1) Subsection (a) of section 4105 // 38 USC 4105. // is amended
by--,
(A) striking out the period at the end of clause (9) and
inserting in lieu thereof a semicolon; and
(B) adding at the end the following new clause:
"(10) Psychologist--,
completed
study for such degree in a specialty area of psychology
and
an internship which are satisfactory to the
Administrator,
and be licensed or certified as a psychologist in a
State,
except that the Administrator may waive the
requirement of
licensure or certification for an individual
psychologist for a
period not to exceed two years on the condition that
such
psychologist provide patient care only under the direct
supervision of a psychologist who is so licensed or
certified.".
(2) Subsection (b) of such section is amended by inserting
"podiatrist, optometrist," after "dentist,".
(c) The amendment made by subsection (b)(1) // 38 USC 4105 // to
require that a psychologist appointed to a position in the Department of
Medicine and Surgery of the Veterans' Administration be licensed or
certified as a psychologist in a State shall not apply to any person
employed as a psychologist by the Veterans' Administration on or before
December 31, 1979.
PROFESSIONALS
EMPLOYED IN THE DEPARTMENT OF MEDICINE AND
SURGERY
Sec. 303. Section 4106(b) // 38 USC 4106. // is amended by striking
out "three years" and inserting in lieu thereof "two years".
RESOURCES
Sec. 304. Section 5053(a) // 38 USC 5053. // is amended by
inserting "or organ banks, blood banks, or similar institutions" after
"facilities".
Sec. 305. Section 4112(a) // 38 USC 4112. // is amended by--,
(1) inserting in the first sentence "and a disabled veteran"
after "professions"; and
(2) inserting in the second sentence "and, not later than
February 1 of each year, shall submit to the Administrator and the
Congress a report on its activities during the preceding fiscal
year" after " Administrator".
Sec. 306. (a) Section 601(a)(2) // 38 USC 314 // of the Veterans'
Disability Compensation and Survivors' Benefits Amendments of 1979
(Public Law 96 - 128) is amended by striking out "clause (1)" and
inserting in lieu thereof "clause (11)".
(b) The amendment made by subsection (a) // 38 USC 314 // shall take
effect as of November 28, 1979.
Sec. 307. // 38 USC 219 // (a)(1) The Administrator of Veterans'
Affairs shall design a protocol for and conduct an epidemiological study
of persons who, while serving in the Armed Forces of the United States
during the period of the Vietnam conflict, were exposed to any of the
class of chemicals known as "the dioxins" produced during the
manufacture of the various phenoxy herbicides (including the herbicide
known as " Agent Orange") to determine if there may be long-term adverse
health effects in such persons from such exposure. The Administrator
shall also conduct a comprehensive review and scientific analysis of the
literature covering other studies relating to whether there may be
long-term adverse health effects in humans from exposure to such dioxins
or other dioxins.
(2)(A)(i) The study conducted pursuant to paragraph (1) shall be
conducted in accordance with a protocol approved by the Director of the
Office of Technology Assessment.
(ii) The Director shall monitor the conduct of such study in order to
assure compliance with such protocol.
(B)(i) Concurrent with the approval or disapproval of any protocol
under subparagraph (A)(i), the Director of the Office of Technology
Assessment shall submit to the appropriate committees of the Congress a
report explaining the basis for the Director's action in approving or
disapproving such protocol and providing the Director's conclusions
regarding the scientific validity and objectivity of such protocol.
(ii) In the event that the Director has not approved such protocol
during the one hundred and eighty days following the date of the
enactment of this Act, the Director shall (I) submit to the appropriate
committees of the Congress a report describing the reasons why the
Director has not given such approval, and (II) submit an update report
on such initial report each sixty days thereafter until such protocol is
approved.
(C) The Director shall submit to the appropriate committees of the
Congress, at each of the times specified in the second sentence of this
subparagraph, a report on the Director's monitoring of the conduct of
such study pursuant to subparagraph (A)(ii). A report under the
preceding sentence shall be submitted before the end of the six-month
period beginning on the date of the approval of such protocol by the
Director, before the end of the twelve-month period beginning on such
date, and annually thereafter until such study is completed or
terminated.
(3) The study conducted pursuant to paragraph (1) shall be continued
for as long after the submission of the report under subsection (b)(2)
as the Administrator may determine reasonable in light of the
possibility of developing through such study significant new information
on the long-term adverse health effects of exposure to dioxins.
(b)(1) Not later than twelve months after the date of the enactment
of this Act, the Administrator shall submit to the appropriate
committees of the Congress a report on the literature review and
analysis conducted under subsection (a)(1).
(2) Not later than twenty-four months after the date of the approval
of the protocol pursuant to subsection (a)(2)(A)(i) and annually
thereafter, the Administrator shall submit to the appropriate committees
of the Congress a report containing (A) a description of the results
thus far obtained under the study conducted pursuant to such subsection,
and (B) such comments and recommendations as the Administrator considers
appropriate in light of such results.
(c) For the purpose of assuring that any study carried out by the
Federal Government with respect to the adverse health effects in humans
of exposure to dioxins is scientifically valid and is conducted with
efficiency and objectivity, the President shall assure that--,
(1) the study conducted pursuant to subsection (a) is fully
coordinated with studies which are planned, are being conducted,
or have been completed by other departments, agencies, and
instrumentalities of the Federal Government and which pertain to
the adverse health effects in humans of exposure to dioxins; and
(2) all appropriate coordination and consultation is
accomplished between and among the Administrator and the heads of
such departments, agencies, and instrumentalities that may be
engaged, during the conduct of the study carried out pursuant to
subsection (a), in the design, conduct, monitoring, or evaluation
of such dioxin-exposure studies.
(d) There are authorized to be appropriated such sums as may be
necessary for the conduct of the study required by subsection (a).
Approved December 20, 1979.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 138 (Comm. on Veterans' Affairs).
SENATE REPORT No. 96 - 177 accompanying S. 1039 (Comm. on Veterans'
Affairs).
CONGRESSIONAL RECORD, Vol. 125 (1979):
May 21, considered and passed House.
June 18, considered and passed Senate, amended, in lieu of S.
1039.
Dec. 6, House concurred in Senate amendments with amendments;
Senate concurred in House amendments.
PUBLIC LAW 96-150, 93 STAT, 1091
certain excess naval vessels,
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That in accordance with
section 7307 of title 10, United States Code, the Congress approves the
sale of fourteen vessels of the United States Navy as follows:
(1) One tank landing ship of the Suffolk County class, one
auxiliary repair drydock of the ARD-12 class, and one small
auxiliary floating drydock of the AFDL-35 class, to the Government
of Brazil.
(2) One auxiliary repair drydock of the ARD-12 class, to the
Government of Colombia.
(3) One auxiliary repair drydock of the ARD-12 class, to the
Government of Ecuador.
(4) One dock landing ship of the Cabildo class, to the
Government of Greece.
(5) One destroyer tender of the Shenandoah class, to the
Government of Indonesia.
(6) One auxiliary repair drydock of the ARD-12 class, to the
Government of the Republic of Korea.
(7) One auxiliary repair drydock of the ARD-12 class, to the
Government of Mexico.
(8) One auxiliary repair drydock of the ARD-2 class, to the
Government of Peru.
(9) One cargo ship of the Kukui class and one small auxiliary
floating drydock of the AFDL-35 class, to the Government of the
Republic of the Philippines.
(10) Two amphibious transports of the Paul Revere class, to the
Government of Spain.
SEC. 2. (a) Any sale of a vessel under the first section of this Act
shall be subject to such terms and conditions as the President may
require and shall be for a price not less than the value in United
States dollars of the vessel involved.
(b) Any expense of the United States in connection with the transfer
of a vessel sold under the first section of this Act shall be charged to
the Government involved.
SEC. 3. The approval of the Congress under the first section of this
Act shall expire at the end of the two-year period beginning on the date
of the enactment of this Act.
Approved December 20, 1979.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 445 (Comm. on Armed Services).
SENATE REPORT No. 96 - 420 (Comm. on Armed Services).
CONGRESSIONAL RECORD, Vol. 125 (1979):
Sept. 25, considered and passed House.
Dec. 6, considered and passed Senate.
PUBLIC LAW 96-149, 93 STAT, 1089
to provide for a small
business representative on the Bank's Board.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) section 103(a)
of the National Consumer Cooperative Bank Act // 92 Stat. 502. 12 USC
3013. // is amended--,
(1) by striking out "thirteen" in the first sentence and
inserting in lieu thereof "fifteen";
(2) by striking out "seven" in the third sentence and inserting
in lieu thereof "eight";
(3) by inserting after the third sentence the following: " The
President shall appoint one member of the Board from among
proprietors of small business concerns, as defined under section 3
of the Small Business Act,
// 12 USC 371. //
which are manufacturers or retailers. The member of the Board
appointed in accordance with the preceding sentence shall not be
subject to the resignation and termination provisions of
subsection (b)."; and
(4) by striking out "104" in the last sentence.
(b) Section 103(b) is amended--,
(1) by striking out the third sentence thereof and inserting in
lieu thereof the following: " Two additional members of the Board
designated by the President (who shall be members who had been
appointed by the President) shall resign at the annual meeting
occurring after the time when the amount of paid-in capital
attributable to the class B and class C stock equals or exceeds
eight-fifteenths of the total amount of paid-in capital of the
Bank. An additional member of the Board designated by the
President (who shall be a member who had been appointed by the
President) shall resign at the annual meeting occurring after the
time when the amount of paid-in capital attributable to the class
B and class C stock equals or exceeds three-fifths of the total
amount of paid-in capital of the Bank.";
(2) by inserting after " Five" in the next to the last sentence
"of the".
(c) Section 103(d) of such Act // 92 Stat. 502. 12 USC 3013. // is
amended by striking "all" in the first sentence and inserting after
"five" the words "of the".
(d) The second sentence of section 103(h) of such Act is amended by
striking out " Unitl" and inserting in lieu thereof " The member of the
Board appointed from among proprietors of small business and, until".
Approved December 16, 1979.
LEGISLATIVE HISTORY:
SENATE REPORT No. 96 - 328 (Comm. on Banking, Housing, and Urban
Affairs).
CONGRESSIONAL RECORD, Vol. 125 (1979):
Sept. 27, considered and passed Senate.
Dec. 5, considered and passed House.
PUBLIC LAW 96-148, 93 STAT, 1088
moratorium on industrial cost
recovery.
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 75 of the Clean Water Act of 1977 (91 Stat. 1610) // 33 USC
1284 // is amended by striking "the last day of the eighteenth month
which begins after the date of enactment of this section" and inserting
in lieu thereof " June 30, 1980".
(b) Subsection (d) of section 75 of the Clean Water Act of 1977 (91
Stat. 1610) is amended by striking "eighteen-month" each place it
appears and inserting in lieu thereof in each place "thirty-month".
(c) The amendments made by subsections (a) and (b) of this section //
33 USC 1284 // shall take effect as of June 30, 1979.
Approved December 16, 1979.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 305 accompanying H.R. 4023 (Comm. on Public
Works and Transportation).
SENATE REPORT No. 96 - 200 (Comm. on Environment and Public Works).
CONGRESSIONAL RECORD, Vol. 125 (1979):
June 14, considered and passed Senate.
June 26, H.R. 4023 considered and passed House; passage
vacated and S. 901, amended, passed in lieu.
Nov. 30, Senate concurred in House amendments with an
amendment.
Dec. 3, House concurred in Senate amendment.
PUBLIC LAW 96-147, 93 STAT, 1087
proclamation designating December
18, 1979, " National Unity Day".
Whereas an Iranian mob has violated international law by illegally
seizing the American Embassy in Tehran; and
Whereas American flags prominently displayed on National Unity Day
will symbolize our unity and opposition to international terrorism and
blackmail; and
Whereas a nationwide demonstration of public support for the hostages
is the only way to counter the student demonstrations that are being
orchestrated in Tehran for television audiences around the world: Now,
therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That December 18, 1979, is
designated as " National Unity Day", and the President of the United
States is authorized and requested to issue a proclamation calling upon
all United States citizens and organizations to observe that day by
prominently displaying American flags.
Approved December 16, 1979.
LEGISLATIVE HISTORY:
CONGRESSIONAL RECORD, Vol. 125 (1979):
Dec. 11, considered and passed House.
Dec. 13, considered and passed Senate.
PUBLIC LAW 96-146, 93 STAT, 1086
Capitol and the Assistant
Architect of the Capitol.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That notwithstanding any
other provision of law--,
(1) the compensation of the Architect of the Capitol shall be
at an annual rate which is equal to the annual rate of basic pay
payable for positions at level III of the Executive Schedule under
section 5314 of title 5, United States Code, and
(2) the compensation of the Assistant Architect of the Capitol
shall be at an annual rate which is equal to the annual rate of
basic pay payable for level IV of the Executive Schedule under
section 5315 of title 5, United States Code.
Sec. 2. The provisions of this Act // 40 USC 162a // shall take
effect on the first day of the first applicable pay period commencing on
or after the date of the enactment of this Act.
Approved December 14, 1979.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 349 (Comm. on Post Office and Civil Service).
CONGRESSIONAL RECORD, Vol. 125 (1979):
Sept. 10, considered and passed House.
Dec. 3, considered and passed Senate.
PUBLIC LAW 96-145, 93 STAT, 1085
military decorations to
members of the Intelligence and Reconnaissance
Platoon of the 394th Infantry
Regiment, 99th Infantry Division, for acts of valor
performed during the Battle of
the Bulge.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the time limitation
contained in section 3744 of title 10, United States Code, with respect
to the awarding of certain medals to persons in the Army shall not apply
with respect to the awarding of any such medal to individuals who served
as members of the Intelligence and Reconnaissance Platoon of the 394th
Infantry Regiment, 99th Infantry Division, for acts of valor performed
by such individuals engaged in combat operations in Lanzerath, Belgium,
during the Battle of the Bulge, but the awarding of any such medal is
within the sole discretion of the President.
Approved December 14, 1979.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 470 (Comm. on Armed Services).
SENATE REPORT No. 96 - 422 (Comm. on Armed Services).
CONGRESSIONAL RECORD, Vol. 125 (1979):
Oct. 15, considered and passed House.
Nov. 30, considered and passed Senate.
PUBLIC LAW 96-144, 93 STAT, 1084
Interstate System, to amend section
103(e)(4) of title 23, United States Code, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Secretary of
Transportation shall apportion for the fiscal year ending September 30,
1981, and the fiscal year ending September 30, 1982, the sums authorized
to be appropriated for such fiscal years by section 108(b) // 23 USC 104
23 USC 101 // of the Federal-Aid Highway Act of 1956, as amended, for
expenditure on the National System of Interstate and Defense Highways,
using the apportionment factors contained in revised table 5 of
Committee Print 96 - 15 of the Committee on Public Works and
Transportation of the House of Representatives.
Sec. 2. Section 103(e)(4) of title 23, United States Code, is
amended by adding at the end thereof the following new sentence: "
After September 30, 1979, the Secretary shall not withdraw his approval
under this paragraph of any route or portion thereof on the Interstate
System open to traffic before the date of the proposed withdrawal. Any
withdrawal of approval of any such route or portion thereof before
September 30, 1979, is hereby determined to be authorized by this
paragraph.".
Sec. 3. Notwithstanding the amendment made to section 103(e)(4) of
title 23, United States Code, // 23 USC 103 // by the preceding section,
in the case where the Secretary has withdrawn his approval of a route or
portion thereof on the Interstate System under such section between June
20, 1979, and June 30, 1979, both dates inclusive, the sum available to
the Secretary of Transportation to incur obligations for projects
substituted for such withdrawn route or portion thereof shall be a sum
equal to the Federal share of the cost to complete the withdrawn route
or portion thereof, as that cost is included in the 1975 Interstate
System cost estimate, as approved by Congress, subject to increase or
decrease as determined by the Secretary based on changes in the
construction costs of the withdrawn route or portion thereof as of the
date of approval of each substitute project under section 103( e)(4) of
title 23, United States Code.
Approved December 13, 1979.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 620 (Comm. on Public Works and Transportation).
CONGRESSIONAL RECORD, Vol. 125 (1979):
Nov. 15, considered and passed House.
Nov. 29, considered and passed Senate.
PUBLIC LAW 96-143, 93 STAT, 1074, DOMESTIC VOLUNTEER SERVICE ACT
AMENDMENTS OF 1979.
Domestic Volunteer Service Act
of 1973, to amend such Act to facilitate the
improvement of programs carried out
thereunder, 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 // 42 USC
4951 // may be cited as the " Domestic Volunteer Service Act Amendments
of 1979".
Sec. 2. (a) Section 103(b) of the Domestic Volunteer Service Act of
1973 (42 U.S.C. 4951 et seq.) // 42 USC 4953. // (hereinafter in this
Act referred to as "the Act") is amended by--,
(1) striking out in the second sentence " Prior to" and
inserting in lieu thereof " Not later than 30 days after"; and
(2) adding at the end following new sentence: " The Director
shall offer to provide each volunteer enrolled for a period of
fulltime service of not less than one year under this title, and,
upon the request of such volunteer, provide such volunteer with an
individual and updated plan as described in the preceding two
sentence.".
(b) Section 103(d) of the Act is amended by--,
(1) inserting "in a program or project" after "work";
(2) inserting "or project" after "program"; and
(3) striking out in the first sentence "has not" and all that
follows through the end of such subsection and inserting in lieu
thereof "such Governor or other chief executive officer has not,
within 45 days of the date of such submission, notified the
Director in writing, supported by a statement of reasons, that
such Governor or other chief executive officer disapproves such
program or project. In the event of a timely request in writing,
supported by a statement of reasons, by the Governor or other
chief executive officer of the State concerned, the Director shall
terminate a program or project or the assignment of a volunteer to
a program or project not later than 30 days after the date such
request is received by the Director, or at such later date as is
agreed upon by the Director and such Governor or other chief
executive officer.".
Sec. 3. The first sentence of section 105(a)(2) of the Act // 42 USC
4955. // is amended to read as follows: " Stipends shall be payable
only upon completion of a period of service, except that under such
circumstances as the Director shall determine, in accordance with
regulations which the Director shall prescribe, the accrued stipend, or
any part of the accrued stipend, may be paid to the volunteer, or, on
behalf of the volunteer, to members of the volunteer's family or others
during the period of the volunteer's service.".
Sec. 4. (a) Section 108 of the Act // 42 USC 4958. // is amended
by--,
(1) striking out "20" and inserting in lieu thereof "16"; and
(2) adding at the end the following new sentence: " During the
fiscal year ending September 30, 1980--,
"(1) in no event may in excess of $5,800,000 be used pursuant
to grants and contracts under this part for the direct cost of
supporting such volunteers; and
"(2) funds obligated pursuant to such grants and contracts for
such cost may be used to support no greater number of years of
volunteer service than the number of such years supported during
the fiscal year ending September 30, 1979, pursuant to grants and
contracts for such cost.".
(b) Section 108 of the Act, as amended in subsection (a), is further
amended by inserting "(a)" after " Sec. 108." and by adding at the end
the following new subsection:
"(b) No funds shall be obligated under this part pursuant to grants
or contracts made after the date of the enactment of the Domestic
Volunteer Service Act Amendments of 1979 for new projects for the direct
cost of supporting volunteers unless the recipient of each such grant or
contract has been selected through a competitive process which
includes--,
"(1) public announcements of the availability of funds for such
grants or contracts, general criteria for the selection of new
recipients, and a description of the application process and the
application review process; and
"(2) a requirement that each applicant for any such grant or
contract identify, with sufficient particularity to assure that
the assignments of volunteers under such grants and contracts will
carry out the purpose of this part, the particular poverty or
poverty-related human, social, or environmental problems on which
the grant or contract will focus, and any such grant or contract
shall specifically so identify such problems.".
Sec. 5. Section 113(a) of the Act // 42 USC 4973. // is amended by
striking out "and" and inserting in lieu thereof "except that volunteers
serving in the University Year for ACTION program may be enrolled for
periods of service of not less than the duration of an academic year,
but volunteers enrolled for less than 12 months shall not receive
stipends under section 105(a)(1). // 42 USC 4955. // Volunteers serving
under this part".
Sec. 6. Section 114(a) of the Act // 42 USC 4974. // is amended
by--,
(1) striking out in the first sentence "10" and inserting in
lieu thereof "22"; and
(2) striking out in the last sentence "$6,700,000" both places
it appears and inserting in lieu thereof "$4,000,000".
Sec. 7. (a) Section 122(a) of the Act // 42 USC 4992. // is amended
by--,
(1) inserting "in urban and rural areas" after "programs" the
first place it appears;
(2) striking out "and" the first place it appears, and by
inserting after "abusers" a comma and "a program of assistance to
victims of domestic violence, a program to provide technical and
management assistance to distressed communities, a program
designed to provide personal and group financial counseling to
low-income and fixed-income individuals (utilizing volunteers with
specialized or technical expertise), and a Helping Hand program";
and
(3) adding at the end the following new sentence: " In
carrying out programs authorized by this part, the Director is
authorized to provide for the recruitment, selection, and training
of volunteers.".
(b) Section 122(a) of the Act, // 42 USC 4992. // as amended in
subsection (a), is further amended by inserting "(1)" after " Sec. 122.
(a)" and by adding at the end the following new paragraph:
"(2) For purposes of this subsection, the term ' Helping Hand'
program means a program utilizing person-to-person services to reduce
the necessity for institutionalization (in hospitals, mental
institutions, nursing homes, other extended-care settings, and other
facilities) and to ameliorate residential isolation (through senior
centers, half-way house facilities, and other residential settings) of
older persons, handicapped persons, and other affected persons,
stressing interactions between persons from various age groups,
particularly young and old, and carried out in coordination with the
appropriate State system for the protection and advocacy of the rights
of persons with developmental disabilities established pursuant to
section 113 of the Developmental Disabilities Assistance and Bill of
Rights Act (42 U.S.C. 6012).".
(c) Section 122(c) of the Act is amended to read as follows:
"(c)(1) The Director, in accordance with regulations which the
Director shall prescribe, may provide to volunteers enrolled for periods
of part-time service of not less than 20 hours per week for not less
than 26 consecutive weeks under this part such allowances, support, and
services as are described in section 105(b) and as the Director
determines are necessary to carry out the purpose of this part, and
shall apply the provisions of sections 104(c) and 105(b) // 42 USC 4954,
4955. // to the service of volunteers enrolled for full-time service
under this part.
"(2) The Director, in accordance with regulations which the Director
shall prescribe with respect to volunteers enrolled for periods of
full-time service of not less than one year under this part--,
"(A) may provide to such volunteers such stipends, in total
amounts not in excess of stipends provided under section 105(a) to
volunteers serving under part A of this title,
// 42 USC 4951. //
as the Director determines are necessary to carry out the purpose
of this part; and
"(B) to the extent that the terms and conditions of the service
of such volunteers are of similar character to the terms and
conditions of the service of volunteers enrolled under part A of
this title, shall apply to the service of such volunteers enrolled
under this part the provisions of sections 103(b)
// 42 USC 4953. //
relating to low-income community volunteers, 103(d), 104(d), and
105(a) to the extent such provisions are applied to the service of
volunteers enrolled under such part A.".
(d) Not later than 18 months after funds are first made available to
carry out activities under the amendments to part C of title I of the
Act // 42 USC 4992 // made by this section, the Director of the ACTION
Agency shall submit to the appropriate committees of the Congress a
report on programs, activities, grants, and contracts so carried out,
including a description of all programs established and contracts and
grants made under such amended provisions, the amounts of funds
obligated for such programs, activities, grants, and contracts under
such amended provisions, and the specific arrangements for the conduct
of evaluations of such programs, activities, grants, and contracts
pursuant to section 417 of the Act. // 42 USC 5057. //
OR LOBBYING
ACTIVITIES
Sec. 8. (a) Section 403(a) of the Act // 42 USC 5043. // is amended
by--,
(1) inserting in the first sentence "or the outcome of any
election to any State or local public office," after " Federal
office,"; and
(2) inserting in the last sentence "(when referring to an
election for Federal office)" before "has the same meaning" the
first place it appears.
(b) Section 403(b) of the Act is amended by--,
(1) inserting "(1)" after "(b)";
(2) redesignating clause (1), clause (2), and clause (3) as
clause (A), clause (B), and clause (C), respectively;
(3) designating the last sentence of such subsection as
subsection (c); and
(4) inserting after paragraph (1) (as so redesignated in clause
(1) of this subsection), and before subsection (c) (as so
designated in clause (3) of this subsection), the following new
paragraph:
"(2) No funds appropriated to carry out this Act shall be used by any
program assisted under this Act in any activity for the purpose of
influencing the passage or defeat of legislation or proposals by
initiative petition, except--,
"(A) in any case in which a legislative body, a committee of a
legislative body, or a member of a legislative body requests any
volunteer in, or employee of, such a program to draft, review, or
testify regarding measures or to make representations to such
legislative body, committee, or member; or
"(B) in connection with an authorization or appropriations
measure directly affecting the operation of the program.".
Sec. 9. Section 404(g) of the Act // 42 USC 5044. // is amended
by--,
(1) inserting "(1)" after "(g)";
(2) inserting before the period at the end of such paragraph
(as so redesignated in clause (1) of this section) a comma and
"except that this paragraph shall not apply in the case of such
payments when the Director determines that the value of all such
payments, adjusted to reflect the number of hours such volunteers
are serving, is equivalent to or greater than the minimum wage
then in effect under the Fair Labor Standards Act of 1938 (29 U.
S.C. 201 et seq.) or the minimum wage, under the laws of the State
where such volunteers are serving, whichever is the greater"; and
(3) adding at the end the following new paragraph:
"(2) Notwithstanding any other provision of law, a person enrolled
for full-time service as a volunteer under title I of this Act // 42 USC
4951. // who was otherwise entitled to receive assistance or services
under any governmental program prior to such volunteer's enrollment
shall not be denied such assistance or services because of such
volunteer's failure or refusal to register for, seek, or accept
employment or training during the period of such service.".
Sec. 10. Section 410 of the Act // 42 USC 5050. // is amended by
adding at the end the following new sentence: " The Director, in
consultation with the Director of the Office of Personnel Management and
the Secretaries of Labor, Commerce, and the Treasury and officials of
other appropriate departments and agencies, shall take all appropriate
steps to encourage State and local governments, charitable and service
organizations, and private employers (1) to take into account experience
in volunteer work in the consideration of applicants for employment;
and (2) to make provisions for the listing and description of volunteer
work on all employment application forms.".
Sec. 11. (a) Section 415(b) of the Act // 42 USC 5055. // is
amended by--,
(1) striking out in the first sentence "in programs under title
I of this Act
// 42 USC 4951. //
for periods of service of at least one year" and inserting in lieu
thereof "as volunteers for periods of full-time service, or, as
the Director deems appropriate in accordance with regulations, for
periods of part-time service of not less than 20 hours per week
for not less than 26 consecutive weeks, under title I of this
Act";
(2) striking out in clause (3) "and";
(3) striking out in clause (4)(A)
// 44 FR 58671. //
"the monthly pay of a volunteer shall be deemed that received
under the entrance salary for a grade GS-7 employee," and
inserting in lieu thereof "the annual rate of pay of a volunteer
enrolled for a period of full-time service under such title I
shall be deemed to be that received under the entrance salary for
a grade GS-7 employee, and the annual rate of pay of a volunteer
enrolled for a period of part-time service under such title I
shall be deemed to be such entry salary or an appropriate portion
thereof as determined by the Director,"; and
(4) inserting before the period at the end a comma and the
following: "and (5) be deemed employees of the United States for
the purposes of section 5584 of title 5, United States Code (and
stipends and allowances paid under this Act shall be considered as
pay for such purposes)".
(b) Section 415 of the Act is amended by adding at the end the
following new subsection:
"(f)(1) The remedy--,
"(A) against the United States provided by sections 1346(b) and
2672 of title 28, United States Code, or
"(B) through proceedings for compensation or other benefits
from the United States as provided by any other law, where the
availability of such benefits precludes a remedy under section
1346(b) or 2672 of such title 28,
for damages for personal injury, including death, allegedly arising from
malpractice or negligence of a physician, dentist, podiatrist,
optometrist, nurse, physician assistant, expanded-function dental
auxiliary, pharmacist, or paramedical (for example, medical and dental
technicians, nursing assistants, and therapists) or other supporting
personnel in furnishing medical care or treatment while in the exercise
of such person's duties as a volunteer enrolled under title I of this
Act shall be exclusive of any other civil action or proceeding by reason
of the same subject matter against such person (or such person's estate)
whose action or omission gave rise to such claim.
"(2) The Attorney General of the United States shall defend any civil
action or proceeding brought in any court against any person referred to
in paragraph (1) of this subsection (or such person's estate) for any
such damage or injury. Any such person against whom such civil action
or proceeding is brought shall deliver, within such time after date of
service or knowledge of service as determined by the Attorney General,
all process served upon such person or an attested true copy thereof to
such person's immediate supervisor or to whomever is designated by the
Director to receive such papers, and such person shall promptly furnish
copies of the pleading and process therein to the United States attorney
for the district embracing the place wherein the proceeding is brought
and to the Attorney General.
"(3) Upon a certification by the Attorney General that the defendant
was acting in the scope of such person's volunteer assignment at the
time of the incident out of which the suit arose, any such civil action
or proceeding commenced in a State court shall be removed without bond
at any time before trial by the Attorney General to the district court
of the United States of the district and division embracing the place
wherein it is pending and the proceeding deemed a tort action brought
against the United States under the provisions of title 28, United
States Code, and all references thereto. After removal the United
States shall have available all defenses to which it would have been
entitled if the action had originally been commenced against the United
States. Should a district court of the United States determine on a
hearing on a motion to remand held before a trial on the merits that the
volunteer whose act or omission gave rise to the suit was not acting
within the scope of such person's volunteer assignment, the case shall
be remanded to the State court.
"(4) The Attorney General may compromise or settle any claim asserted
in such civil action or proceeding in the manner provided in section
2677 of title 28, United States Code, and with the same effect.".
Sec. 12. (a) Section 417(a) of the Act // 42 USC 5057. // is
amended by--,
(1) inserting "handicap," after "age,"; and
(2) adding at the end the following new sentence: " For
purposes of this subsection, and for purposes of title VI of the
Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), section 504 of
the Rehabilitation Act of 1973 (29 U.S.C. 794), and the Age
Discrimination Act of 1975 (Public Law 94 - 135, title III; 42
U.S.C. 6101 et seq.), any program, project, or activity to which
volunteers are assigned under this Act shall be deemed to be
receiving Federal financial assistance.".
(b) Section 417 of the Act is amended by adding at the end the
following new subsection:
"(c)(1) The Director shall apply the nondiscrimination policies and
authorities set forth in section 717 of the Civil Rights Act of 1964 (42
U.S.C. 2000e-16), in title V of the Rehabilitation Act of 1973 (29
U.S.C. 791 et seq.), and in the Age Discrimination Act of 1975 (Public
Law 94 - 135, title III; 42 U.S.C. 6101 et seq.) to applicants for
enrollment for service as volunteers, and to volunteers serving, under
this Act and the Peace Corps Act (22 U.S.C. 2501 et seq.). Any remedies
available to individuals under such laws, other than the right of appeal
to the Civil Service Commission authorized by section 717 of the Civil
Rights Act of 1964, and transferred to the Equal Employment Opportunity
Commission by Reorganization Plan Number 1 of 1978, // 3 CFR, 1978 //
shall be available to such applicants or volunteers.
"(2) Not later than 90 days after the date of the enactment of the
Domestic Volunteer Service Act Amendments of 1979, the Director, after
consultation with the Equal Employment Opportunity Commission with
regard to the application of the policies set forth in section 717 of
the Civil Rights Act of 1964 (42 U.S.C. 2000e-16) and with the
Interagency Coordinating Council, established by section 507 of the
Rehabilitation Act of 1973 (29 U.S.C. 797), // 92 Stat. 2983. 29 USC
794c. // and the Interagency Committee on Handicapped Employees,
established by section 501(a) of the Rehabilitation Act of 1973 (29 U.
S.C. 791(a)), with regard to the application of the policies set forth
in title V of the Rehabilitation Act of 1973 (29 U.S.C. 791 et seq.),
and, not later than 90 days after the Secretary of Health, Education,
and Welfare or the Secretary of Health and Human Resources, as the case
may be, publishes final general regulations to carry out the Age
Discrimination Act of 1975 (Public Law 94 - 135, title III; 42 U.S.C.
6101 et seq.), and after consultation with the Secretary with regard to
the application of the policies set forth in such Act, shall prescribe
regulations establishing the procedures for the application of such
policies and the provision of such remedies so as to promote the
enrollment and service of persons as volunteers without regard to the
discriminatory factors described in such laws.".
Sec. 13. (a) Section 420 of the Act // 42 USC 5060. // is amended
to read as follows:
" Sec. 420. (a) For purposes of this section--,
"(1) the term 'regulation' means any rule, regulation,
guideline, interpretation, order, or requirement of general
applicability prescribed by the Director pursuant to this Act;
and
"(2) the term ' Committees' means the Committee on Education
and Labor of the House of Representatives and the Committee on
Labor and Human Resources of the Senate.
"(b) Regulations prescribed by the Director or by any other officer
of the ACTION Agency, in connection with, or affecting, the
administration of any program carried out under this Act shall contain,
immediately following each substantive provision of such regulations,
citations to the particular section or sections of statutory law or
other legal authority upon which such provision is based.
"(c)(1) Except as provided in paragraph (2)(B) of this subsection, no
proposed regulation prescribed pursuant to this Act for the
administration of any program carried out under this Act may take effect
until 30 calendar days after it is published in the Federal Register.
"(2)(A) During the 30-day period before the date upon which such
regulation is to be effective, the Director shall, in accordance with
the provisions of section 553 of title 5, United States Code, offer any
interested party an opportunity to make comment upon, and take exception
to, such regulation and shall reconsider any such regulation upon which
comment is made or to which exception is taken.
"(B) If the Director determines that the 30-day requirement in
paragraph (1) of this subsection would cause undue delay in the
implementation of a regulation, thereby causing substantial hardship for
the intended beneficiaries of any program carried out under this Act,
the Director may waive the application of such requirement and shall
immediately submit a notice of such determination and waiver, including
a statement of the reasons therefor, to the Committees.
"(d) Concurrently with the publication in the Federal Register of any
final regulation, a copy of such final regulation shall be transmitted
to the Speaker of the House of Representatives and the President of the
Senate. Except as is provided in the following sentence, no such final
regulation may take effect until 45 calendar days after such
transmission. If the Director determines that such 45-day requirement
would cause undue delay in the implementation of the regulation, thereby
causing substantial hardship for the intended beneficiaries of any
program carried out under this Act, the Director may waive the
application of such requirement and shall promptly submit a notice of
such determination and waiver, including a statement of the reasons
therefor, to the Committees.
"(e) Not later than 60 days after the date of the enactment of any
Act affecting the administration of any program carried out under this
Act, the Director shall submit to the Committees a schedule in
accordance with which the Director has planned to prescribe final
regulations implementing such Act or part of such Act. Such schedule
shall provide that all such final regulations shall be prescribed not
later than 180 days after the submission of such schedule. Except as is
provided in the following sentence, all such final regulations shall be
prescribed in accordance with such schedule. If the Director determines
that, due to circumstances unforeseen at the time of the submission of
any such schedule, the schedule submitted pursuant to this subsection
cannot be met, the Director shall submit a notice of such determination,
including a statement of the reasons therefor, to the Committees and
shall submit a new schedule which shall then be considered, for the
purposes of this subsection, as the schedule originally, submitted in
connection with the enactment of the Act involved.".
(b) The table of contents for the Act is amended by striking out the
item relating to section 420 and inserting in lieu thereof the following
new item:
" Sec. 420. Requirements for prescribing regulations.".
Sec. 14. (a) Title IV of the Act is amended by adding at the end the
following new sections:
" Sec. 423. // 42 USC 5063. // In order to reduce unnecessary,
duplicative, or disruptive demands for information, the Director, in
consultation with other appropriate agencies and organizations, shall
continually review and evaluate all requests for information made under
this Act and take such action as may be necessary to reduce the
paperwork required under this Act. The Director shall request only such
information as the Director deems essential to carry out the purposes
and provisions of this Act.
" Sec. 424. // 42 USC 5064. // If the executive authority of any
State or local government submits to the Director, not later than 30
days before the expiration of any contract or grant to carry out any
project under this Act, a statement which objects to the renewal of such
contract or grant, then the Director shall (1) review such statement and
take it into account in determining whether to renew such contract or
grant; and (2) submit to such executive authority a written statement
of reasons regarding the Director's determination with respect to such
renewal and specifically with respect to any objection so submitted.".
(b) The table of contents for the Act is amended by inserting after
the item relating to section 422 the following new items:
" Sec. 423. Reduction of paperwork.
" Sec. 424. Review of project renewals.".
Sec. 15. (a) Section 501(a) of the Act // 42 USC 5081. // is
amended by--,
(1) striking out in the first sentence "and" after " September
30, 1977,", and by inserting " September 30, 1979, September 30,
1980, and September 30, 1981," after " September 30, 1978,"; and
(2) striking out in the second sentence "this title" and
inserting in lieu thereof "this section for the purpose of
carrying out title I of this Act".
// 42 USC 4951. //
(b) Section 501 of the Act, as amended in subsection (a), is further
amended by adding at the end the following new subsection:
"(c)(1) Of the funds appropriated for each of the fiscal years 1980
and 1981 for the purpose of carrying out title I of this Act (A) not
less than $28,000,000 shall first be available for carrying out the
VISTA program under part A of such title, // 42 USC 4951. // and (B) of
the funds appropriated for each such fiscal year for the purpose of
carrying out such title which are in excess of $28,000,000 (i) not less
than $2,300,000 for fiscal year 1980 and not less than $1,600,000 for
fiscal year 1981 shall be available for carrying out the University Year
for ACTION program under part B of such title, // 42 USC 4971. // and
(ii) not less than $500,000 for each such fiscal year shall be available
for carrying out service-learning programs under section 114. // 42 USC
4974. //
"(2) Of the funds appropriated for each of the fiscal years 1980 and
1981 for the purpose of carrying out part C of title I of this Act // 42
USC 4991. // which are in excess of $2,500,000 but not in excess of
$10,000,000, not less than 50 per centum for each such fiscal year shall
be available for carrying out the fixed-income counseling and Helping
Hand programs under section 122.". // 42 USC 4992. //
(c) Section 504 of the Act // 42 USC 5084. // is amended by striking
out "and" after " September 30, 1977,", and by inserting " September 30,
1979, September 30, 1980, and September 30, 1981," after " September 30,
1978,".
Sec. 16. // 42 USC 5054 // Not later than February 1, 1980, the
Director of the ACTION Agency shall submit to the appropriate committees
of the Congress a report specifying the special needs and circumstances
to be addressed in designing programs under the Domestic Volunteer
Service Act of 1973 // 42 USC 4951 // for implementation in rural areas.
Such report shall include a detailed statement of the manner in which
the Director intends to address such needs and circumstances, together
with a timetable for designing and implementing such programs.
Sec. 17. Subsection (b) of section 5 of the Act entitled " An Act to
amend further the Peace Corps Act, and for other purposes", approved
November 14, 1975 (Public Law 94 - 130; 89 Stat. 684), // 42 USC 4955
// is amended by striking out the last sentence of such subsection.
Sec. 18. (a)(1) The table of contents for the Act is amended by
striking out the items relating to title III, section 301, section 302,
and section 503.
(2) Section 418 of the Act // 42 USC 5058. // is amended by striking
out "titles II and III" and inserting in lieu thereof "title II".
(b) Section 221 of the Act // 42 USC 5021. // is amended by striking
out " Office of Economic Opportunity" and inserting in lieu thereof "
Community Services Administration".
(c)(1) Section 403(c) of the Act, // 42 USC 5043. // as so
designated in section 8(b)(3) of this Act, is amended by striking out "
Civil Service Commission" and inserting in lieu thereof " Office of
Personnel Management".
(2) Section 415(c)(2) of the Act // 42 USC 5055. // is amended by
striking out " Civil Service Commission" and inserting in lieu thereof "
Office of Personnel Management".
Approved December 13, 1979.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 96 - 164 accompanying H.R. 2859 (Comm. on
Education and Labor) and No. 96 - 606 (Comm. of Conference).
SENATE REPORTS: No. 96 - 99 (Comm. on Labor and Human Resources) and
No. 96 - 412 (Comm. of Conference).
CONGRESSIONAL RECORD, Vol. 125 (1979):
June 20, considered and passed Senate.
Oct. 9, 10, H.R. 2859 considered and passed House; passage
vacated and S. 239, amended, passed in lieu.
Nov. 9, Senate agreed to conference report.
Nov. 29, House agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 15, No. 50:
Dec. 13, Presidential statement.
PUBLIC LAW 96-142, 93 STAT, 1067, EMERGENCY MEDICAL SERVICES SYSTEMS
AMENDMENTS OF 1979
appropriations under section
789 and title XII of the Public Health Service Act
relating to emergency medical
services, to revise and improve the authorities for
assistance under such title XII,
to increase the authorizations of appropriations and
revise and improve the
authorities for assistance under part B of title XI
of such Act for sudden infant
death syndrome counseling and information projects, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That whenever in this
Act an amendment or repeal is expressed in terms of an amendment to, or
repeal of, a section or other provision, the reference shall be
considered to be made to a section or other provision of the Public
Health Service Act.
SEC. 101. This title // 42 USC 201 // may be cited as the "
Emergency Medical Services Systems Amendments of 1979".
SEC. 102. Section 789(g)(1) (42 U.S.C. 295g-9(g)(1)) is amended by
inserting before the period a comma and "$5,000,000 for the fiscal year
ending September 30, 1980, $7,000,000 for the fiscal year ending
September 30, 1981, and $8,000,000 for the fiscal year ending September
30, 1982".
SEC. 103. Section 1202(f) (42 U.S.C. 300d-1(f)) is amended to read
as follows:
"(f) Priority for making grants or entering into contracts under this
section shall be afforded to eligible entities applying for such grants
or contracts under subsection (a) of this section.".
SEC. 104. (a) Subsection (b) of section 1204 (42 U.S.C. 300d-3(a)) is
amended by (1) redesignating paragraph (2) as paragraph (3), and (2)
adding after paragraph (1) the following new paragraph:
"(2) The Secretary may make a third grant or enter into a third
contract under subsection (a) for an emergency medical services system
if --,
"(A) Federal financial assistance under this Act for emergency
medical services for the geographical area with respect to which
such grant or contract would be made or entered into was first
provided under a grant or contract under this section, or
"(B) the Secretary determines that the applicant (i)
demonstrates an exceptional need for such grant or contract, and
(ii) is making substantial progress toward achieving financial
support to implement the plan described in subsection (d)(1)(B)(
ii).
A third grant or contract under subsection (a) may not be used to
replace equipment or facilities acquired with a previous grant or
contract under such subsection.".
(b)(1) Subsection (b)(1) of such section is amended by striking out "
If a" and inserting in lieu thereof " Except as provided in paragraph
(2), if a".
(2) Subsection (b)(3)(B) of such section (as so redesignated by
subsection (a) of this section) is amended by striking out "the second
grant or contract" and inserting in lieu thereof "a grant or contract
(other than the first grant or contract)".
(3) Subsection (d)(2) of such section is amended by striking out " A
second grant or contract" and inserting in lieu thereof " A grant or
contract (other than the first grant or contract)".
(4) Subsection (e) of such section is amended by striking out "second
such grant" and inserting in lieu thereof "last such grant".
(c) Section 1206(b)(1)(B) (42 U.S.C. 300d-5(b)(1)(B)) is amended by
inserting before the period at the end "or a third grant or contract
received under section 1204". // 42 USC 300d-3; //
Sec. 105. (a) Section 1207(a)(1) (42 U.S.C. 300d-6(a)(1) is amended
by--,
(1) striking out "(a)(1) For" and inserting in lieu thereof
"(a)(1)(A) Except as provided in subparagraph (B), for",
(2) striking out "and" after "1977",
(3) striking out "1978; and for the purpose of making payments
pursuant to grants and contracts under sections 1202, 1203, and
1204, there are authorized to be appropriated" and inserting in
lieu thereof "1978,",
(4) inserting before the period at the end thereof a comma and
"and $40,000,000 for the fiscal year ending September 30, 1980,
and for each of the next two fiscal years", and
(5) adding at the end the following new subparagraph:
"(B) No funds appropriated under subparagraph (A) may be used to make
payments under a third grant or contract made or entered into under
section 1204. // 42 USC 300d-3; // For the purpose of making payments
under such a grant or contract, there are authorized to be appropriated
$6,000,000 for the fiscal year ending September 30, 1981.".
(b)(1) Paragraph (5)(A) of subsection (a) of section 1207 is amended
by adding at the end the following new sentence: " Of the sums
appropriated under paragraph (1)(A)--,
"(i) at least 1 per centum of the sums appropriated for the
fiscal year ending September 30, 1980, at least three-fourths of 1
per centum of the sums appropriated for the fiscal year ending
September 30, 1981, and at least one-half of 1 per centum of the
sums appropriated for the fiscal year ending September 30, 1982,
and
"(ii) not more than 5 per centum of the sums appropriated for
any such fiscal year,
shall be used for grants and contracts under section 1202.". // 42 USC
300d-1; //
(2) Paragrah (5)(B) of subsection (a) of such section is amended by
(A) striking out "paragraph (1)" and inserting in lieu thereof
"paragraph (1)(A)", (B) striking out "such fiscal years" and inserting
in lieu thereof "such fiscal year", and (C) striking out "two" and
inserting in lieu thereof "five".
(c) Section 1207(b) // 42 USC 300d-6. // is amended by inserting
before the period at the end a comma and "$3,000,000 for the fiscal year
ending September 30, 1980, $3,500,000 for the fiscal year ending
September 30, 1981, and $3,500,000 for the fiscal year ending September
30, 1982".
SEC. 106. Section 1209(c) (42 U.S.C. 300d-8(c)) is amended by
inserting "the Federal Emergency Management Agency (established pursuant
to Reorganization Plan Number 3 of June 19, 1978)," // 3 CFR, 1978
Comp., p. 329. // after " Commission,".
SEC. 107. (a) Section 1221(a) (42 U.S.C. 300d-21(a)) is amended by--,
(1) inserting "and organizational arrangements" after
"different methods", and
(2) inserting a comma and "trauma, or poison" after "burns"
both times it appears.
(b) Section 1221(b) is amended by adding at the end the following
sentence: " No grant or contract under subsection (a) for a program
relating to poison injuries may be made for an amount in excess of 50
per centum of the costs of the program for which it is made.".
(c) Section 1221(c) is amended by--,
(1) striking out "and" after "1978,",
(2) inserting before the period a comma and "$6,000,000 for the
fiscal year ending September 30, 1980, $12,000,000 for the fiscal
year ending September 30, 1981, and $10,000,000 for the fiscal
year ending September 30, 1982", and
(3) adding at the end the following new sentences: " Not less
than 50 per centum of the funds appropriated under this subsection
for the fiscal year ending September 30, 1980, shall be obligated
for grants and contracts under subsection (a) for programs
relating to poison injuries. Not less than 25 per centum of the
funds appropriated under this subsection for each of the fiscal
years ending September 30, 1981, and September 30, 1982, shall be
obligated for grants and contracts under subsection (a) for
programs relating to poison injuries and not less than 25 per
centum of such funds shall be obligated for grants and contracts
under subsection (a) for programs relating to trauma injuries.".
(d)(1) The title of part B of title XII // 42 USC 300d-21. // is
amended by striking out " BURN INJURIES" and inserting in lieu thereof "
BURN, TRAUMA, AND POISON INJURIES".
(2) The heading for section 1221 is amended by striking out " BURN
INJURIES" and inserting in lieu thereof " BURN, TRAUMA, AND POISON
INJURIES".
SEC. 108. The amendments made by this title to section 789 // 42 USC
295g // and title XII of the Public Health Service Act // 42 USC 295g-9;
42 USC 300d. // shall take effect with respect to appropriations made
under those provisions for fiscal years beginning after September 30,
1979.
SEC. 201. This title // 42 USC 201 // may be cited as the " Sudden
Infant Death Syndrome Amendments of 1979".
SEC. 202. Part B of title XI (42 U.S.C. 300c-11) is amended to read
as follows:
INFORMATION, EDUCATIONAL,
AND STATISTICAL PROGRAMS; PLANS AND REPORTS
" SEC. 1121. // 42 USC 300c-11. // (a)(1) The Secretary, through an
identifiable administrative unit under the supervision of the Assistant
Secretary for Health, shall carry out a program to develop public
information and professional educational materials relating to sudden
infant death syndrome, and to disseminate such information and materials
to persons providing health care, to public safety officials, and to the
general public. The Secretary shall administer, through such unit, the
functions assigned in this section, and shall provide such unit with
such full-time professional and clerical staff and with the services of
such consultants and of such management and supporting staff as may be
necessary for it to carry out such functions effectively.
"(2) The Secretary shall--,
"(A) develop and implement a system for the periodic reporting
to the Department, and dissemination by the Department, of
information collected under grants and contracts made under
subsection (b)(1) of this section; and
"(B) carry out coordinated clearinghouse activities on sudden
infant death syndrome, including the collection and dissemination
to the public, health and educational institutions, professional
organizations, voluntary groups with a demonstrated interest in
sudden infant death syndrome, and other interested parties of
information pertaining to sudden infant death syndrome and related
issues such as death investigation systems, personnel training,
biomedical research activities, and information on the utilization
and availability of treatment or prevention procedures and
techniques, such as home monitors.
The Secretary is authorized to enter into contracts with public or
private entities to carry out the information and clearinghouse
activities required under this subsection.
"(b)(1) The Secretary is authorized to make grants to public or
nonprofit private entities, and enter into contracts with public or
private entities, for projects which include both--,
"(A) the collection, analysis, and furnishing of information
(derived from post mortem examinations and other means) relating
to the causes and other appropriate aspects of sudden infant death
syndrome; and
"(B) the provision of information and counseling to families
affected by sudden infant death syndrome.
"(2) No grant may be made or contract entered into under this
subsection unless an application therefor has been submitted to and
approved by the Secretary. Such application shall be in such form,
submitted in such manner, and contain such information as the Secretary
shall, by regulation, prescribe. Each application shall--,
"(A) provide that the project for which assistance under this
subsection is sought will be administered by or under the
supervision of the applicant;
"(B) provide for appropriate community representation
(including appropriate involvement of voluntary groups with a
demonstrated interest in sudden infant death syndrome) in the
development and operation of such project;
"(C) set forth such fiscal controls and fund accounting
procedures as may be necessary to assure proper disbursement of
and accounting for Federal funds paid to the applicant under this
subsection; and
"(D) provide for making such reports in such form, at such
times, and containing such information as the Secretary may
reasonably require, including such reports as will assist in
carrying out the provisions of subsection (a)(2) of this section.
"(c)(1) Not later than February 1 of each year after 1979, the
Secretary shall submit to the Committee on Labor and Human Resources of
the Senate and the Committee on Interstate and Foreign Commerce of the
House of Representatives a comprehensive report on the administration of
this part (including funds and positions allocated for personnel) and
the results obtained from activities thereunder, including the extent of
allocations made to rural and urban areas. The report submitted on or
before February 1, 1980, shall also set forth a plan to--,
"(A) extend counseling and information services to the fifty
States and the District of Columbia by July 1, 1980; and
"(B) extend counseling and information services to all
possessions and territories of the United States by July 1, 1981.
"(2) The Secretary shall conduct or provide for the conduct of a
study on State laws, practices, and systems relating to death
investigation and their impact on sudden and unexplained infant deaths,
and any appropriate means (such as model State laws governing death
investigations) for improving the quality, frequency, and uniformity of
the post mortem examinations performed under such laws, practices, and
systems in the case of sudden and unexplained infant deaths. Not later
than December 31, 1980, the Secretary shall report to the Congress the
results of such study, including recommendations as to any appropriate
actions by the Department of Health, Education, and Welfare with respect
to the conduct of post mortem investigations in all cases of sudden and
unexplained infant death (including the desirability and feasibility of
establishing pilot projects for centralized post mortem and specimen
examination systems on a statewide or regional basis).
"(d)(1) For the purpose of making grants and contracts under and
otherwise carrying out this section, there are authorized to be
appropriated $2,000,000 for the fiscal year ending June 30, 1975;
$3,000,000 for the fiscal year ending June 30, 1976; $4,000,000 for
fiscal year 1977; $3,650,000 for fiscal year 1978; $3,500,000 for
fiscal year 1979; $5,000,000 for fiscal 1980; and $7,000,000 for
fiscal year 1981.
"(2) Payments under grants under this section may be made in advance
or by way of reimbursement, and at such intervals and on such
conditions, as the Secretary finds necessary.
"(3) Contracts under this section may be entered into without regard
to sections 3648 and 3709 of the Revised Statutes (31 U.S.C. 529; 41
U.S.C. 5).
"(4) The Secretary shall seek to make equitable distribution of funds
appropriated under this section among the various regions of the country
and to ensure that the needs of rural and urban areas are appropriately
addressed.
REPORTS
" SEC. 1122. (a) From the sums appropriated to the National Institute
of Child Health and Human Development under section 441, // 42 USC
300c-120. // the Secretary shall assure that there are applied to
research of the type described in subparagraphs (A) and (B) of
subsection (b)(1) of this section such amounts each year as will be
adequate, given the leads and findings then available from such
research, in order to make maximum feasible progress toward
identification of infants at risk of sudden infant death syndrome and
prevention of sudden infant death syndrome.
"(b)(1) Not later than ninety days after the close of the fiscal year
ending September 30, 1979, and of each fiscal year thereafter, the
Secretary shall report to the Committees on Appropriations of the Senate
and the House of Representatives, the Committee on Labor and Human
Resources of the Senate, and the Committee on Interstate and Foreign
Commerce of the House of Representatives specific information for such
fiscal year on--,
"(A) the (i) number of applications approved by the Secretary
in the fiscal year reported on for grants and contracts under this
Act for research which relates specifically to sudden infant death
syndrome, (ii) total amount requested under such applications,
(iii) number of such applications for which funds were provided in
such fiscal year, and (iv) total amount of such funds; and
"(B) the (i) number of applications approved by the Secretary
in such fiscal year for grants and contracts under this Act for
research which relates generally to sudden infant death syndrome,
including high-risk pregnancy and high-risk infancy research which
directly relates to sudden infant death syndrome, (ii)
relationship of the high-risk pregnancy and high-risk infancy
research to sudden infant death syndrome, (iii) total amount
requested under such applications, (iv) number of such
applications for which funds were provided in such fiscal year,
and (v) total amount of such funds.
"(2) Each report submitted under paragraph (1) of this subsection
shall--,
"(A) contain a summary of the findings of intramural and
extramural research supported by the National Institute of Child
Health and Human Development relating to sudden infant death
syndrome as described in subparagraphs (A) and (B) of such
paragraph (1), and the plan of such Institute for taking maximum
advantage of such research leads and findings; and
"(B) provide an estimate of the need for additional funds over
each of the next five fiscal years for grants and contracts under
this Act for research activities described in such subparagraphs.
"(c) Within five days after the Budget is transmitted by the
President to the Congress for each fiscal year after fiscal year 1980,
the Secretary shall transmit to the Committees on Appropriations of the
Senate and the House of Representatives, the Committee on Labor and
Human Resources of the Senate, and the Committee on Interstate and
Foreign Commerce of the House of Representatives an estimate of the
amounts requested for the National Institute of Child Health and Human
Development and any other Institutes of the National Institutes of
Health, respectively, for research relating to sudden infant death
syndrome as described in subparagraphs (A) and (B) of subsection (b)(1)
of this section, and a comparison of such amounts with the amounts
requested for the preceding fiscal year.".
SEC. 301. (a)(1) Subsection (a) of section 340 (42 U.S.C. 256(a)) //
92 Stat. 3567. // is amended by striking out "which provide health
services".
(2) Subsections (c)(1) and (g)(4) of such section // 42 USC 241,
242b, 242c. // are each amended by striking out "section 301" and
inserting in lieu thereof "section 301, 304, or 305".
(b) The amendments made by subsection (a) of this section // 42 USC
256 // shall take effect with respect to appropriations made under
section 340 of the Public Health Service Act for fiscal years beginning
after September 30, 1979.
Approved December 12, 1979.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 185 accompanying H.R. 3642 (Comm. on Interstate
and Foreign Commerce).
SENATE REPORT No. 96 - 102 (Comm. on Labor and Human Resources).
CONGRESSIONAL RECORD, Vol. 125 (1979):
May 9, considered and passed Senate.
Sept. 28, H.R. 3642 considered and passed House; passage
vacated and S. 497, amended, passed in lieu.
Nov. 15, Senate agreed to House amendment with an amendment.
Nov. 29, House concurred in Senate amendment.
PUBLIC LAW 96-141, 93 STAT, 1066
Labor Building in
Washington, District of Columbia, as the " Frances
Perkins Department of
Labor Building".
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the building at 200
Constitution Avenue, Northwest, in Washington, District of Columbia
(commonly known as the Department of Labor Building) shall hereafter be
known and designated as the " Frances Perkins Department of Labor
Building". Any reference in a law, map, regulation, document, record,
or other paper of the United States to that building shall be held to be
a reference to the " Frances Perkins Department of Labor Building".
Approved December 12, 1979.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 665 accompanying H.R. 5781 (Comm. on Public
Works and Transportation).
SENATE REPORT No. 96 - 388 (Comm. on Environment and Public Works).
CONGRESSIONAL RECORD, Vol. 125 (1979):
Nov. 1, considered and passed Senate.
Dec. 3, H.R. 5871 considered and passed House; passage vacated
and S. 1655 passed in lieu.
PUBLIC LAW 96-140, 93 STAT, 1065
York, the " Kenneth B.
Keating Federal Building".
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Federal
Building at 100 State Street, Rochester, New York, shall hereafter be
known and designated as the " Kenneth B. Keating Federal Building". Any
reference in any law, map, regulation, document, record, or other paper
of the United States to such building shall be deemed to be a reference
to the " Kenneth B. Keating Federal Building".
Approved December 12, 1979.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 664 accompanying H.R. 4845 (Comm. on Public
Works and Transportation).
SENATE REPORT No. 96 - 390 (Comm. on Environment and Public Works).
CONGRESSIONAL RECORD, Vol. 125 (1979):
Nov. 1, considered and passed Senate.
Dec. 3, H.R. 4845 considered and passed House; passage vacated
and S. 1535, amended, passed in lieu.
Dec. 4, Senate concurred in House amendments.
PUBLIC LAW 96-139, 93 STAT, 1064
Building, at 211 Main Street, in
Scott City, Kansas, as the " Henry D. Parkinson
Federal Building".
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the building at 211
Main Street, in Scott City, Kansas (commonly known as the Federal
Building) shall hereafter be known and designated as the " Henry D.
Parkinson Federal Building". Any reference in a law, map, regulation,
document, record, or other paper of the United States to that building
shall be held to be a reference to the Henry D. Parkinson Federal
Building.
Approved December 12, 1979.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 663 accompanying H.R. 4532 (Comm. on Public
Works and Transportation).
SENATE REPORT No. 96 - 389 (Comm. on Environment and Public Works).
CONGRESSIONAL RECORD, Vol. 125 (1979):
Nov. 1, considered and passed Senate.
Dec. 3, H.R. 4532 considered and passed House; passage vacated
and S. 1491 passed in lieu.
PUBLIC LAW 96-138, 93 STAT, 1063
present a gold medal to the
American Red Cross.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) the president
is authorized to present in the name of Congress, an appropriate gold
medal to the American Red Cross, in recognition of its unselfish and
humanitarian service to the people of the United States. For such
purposes, the Secretary of the Treasury shall cause to be struck a gold
medal with suitable emblems, device, and inscriptions to be determined
by the Secretary. There are authorized to be appropriated not to exceed
$15,000 after October 1, 1980, to carry out the purposes of this
subsection.
(b) The Secretary of the Treasury may cause duplicates in bronze of
such medal to be coined and sold under such regulations as he may
prescribe, at a price sufficient to cover the cost thereof, including
labor, materials, dies, use of machinery, overhead expenses, and the
gold medal, and the appropriation used for carrying out the provisions
of this Act shall be reimbursed out of the proceeds of such sale.
(c) The medals provided for in this Act are national medals for the
purpose of section 3551 of the Revised Statutes (31 U.S.C. 368).
Approved December 12, 1979.
LEGISLATIVE HISTORY:
SENATE REPORT No. 96 - 429 (Comm. on Banking, Housing, and Urban
Affairs).
CONGRESSIONAL RECORD, Vol. 125 (1979):
Oct. 15, considered and passed House.
Dec. 4, considered and passed Senate.
PUBLIC LAW 96-137, 93 STAT, 1061
conservation, exploration, development,
and use of naval petroleum reserves and naval oil shale
reserves, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That there is authorized
to be appropriated to the Department of Energy for fiscal year 1980 for
conservation, exploration, development, and use of the naval petroleum
reserves and the naval oil shale reserves under chapter 641 of title 10,
United States Code, // 10 USC 7420 // the sum of $85,210,000, of
which--,
(1) $5,300,000 shall be available for exploration of Naval
Petroleum Reserves Numbered 1 and 2;
(2) $52,911,000 shall be available for operation and
maintenance of Naval Petroleum Reserves Numbered 1 and 2;
(3) $16,089,000 shall be available for operation, maintenance,
and development drilling of Naval Petroleum Reserve Numbered 3;
(4) $5,010,000 shall be available for oil and gas exploration
of Naval Oil Shale Reserve Numbered 2; and
(5) $2,000,000 shall be available for development of Naval Oil
Shale Reserves Numbered 1, 2, and 3.
Sec. 2. // 42 USC 7156a. // The Secretary of the Navy, in
coordination with the Secretary of Energy, shall insure that
commissioned officers of the Navy on active duty continue to be assigned
to key management positions within the Office of Naval Petroleum and Oil
Shale Reserves in the Department of Energy. The position of Director of
such Office shall continue to be filled by a qualified officer of the
Navy on active duty in the grade of captain.
Sec. 3. (a) Section 7422(c) of title 10, United States Code, is
amended by striking out the last sentence of paragraph (1).
(b)(1) Section 7432 // 10 USC 7432. // of such title is amended to
read as follows:
" SECTION 7432. Authorizations of appropriations
"(a) Funds for the following purposes may not be appropriated unless
such appropriations have been specifically authorized by law:
"(1) Exploration, prospecting, conservation, development, use,
operations, and production of the naval petroleum reserves as
authorized by this chapter;
"(2) Production (including preparation for production) as
authorized by this chapter or as may be authorized after April 5,
1976.
"(3) The construction and operation of facilities both within
and outside the naval petroleum reserves incident to the
production and the delivery of petroleum, including pipelines and
shipping terminals.
Sums appropriated for such purposes shall remain available until
expended.
"(b) Contracts under this chapter providing for the obligation of
funds may be entered into for a period of five years, renewable for an
additional five-year period; however, such contracts may obligate funds
only to the extent that such funds are made available in appropriation
Acts.".
(2) The item relating to section 7432 in the table of sections at the
beginning of chapter 641 of such title is amended to read as follows:
"7432. Authorizations of appropriations.".
(c) The naval petroleum reserves special account established by
section 7432 of title 10, United States Code, // 42 USC 7432 // as in
existence on the day before the date of the enactment of this Act, is
abolished. Unappropriated balances of funds in the naval petroleum
reserves special account on the date of the enactment of this Act shall
be transferred on the books of the Treasury into miscellaneous receipts,
and all moneys accruing to the United States after such date under
chapter 641 of title 10, United States Code, shall be covered into the
Treasury as miscellaneous receipts.
Approved December 12, 1979.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 91 (Comm. on Armed Services).
SENATE REPORT No. 96 - 325 (Comm. on Armed Services).
CONGRESSIONAL RECORD, Vol. 125 (1979):
Apr. 25, considered and passed House.
Sept. 27, considered and passed Senate, amended.
Nov. 9, Senate agreed to conference report.
Nov. 28, House agreed to conference report.
PUBLIC LAW 96-136, 93 STAT, 1060
December 9, 1979 as " Scouting
Recognition Week".
Whereas Scouting is a firmly established tradition in the United
States; and
Whereas youth involved in Scouting are a credit to their communities,
their country, and a way of life that can survive only so long as the
youth of this Nation are brought up to believe in and practice its
principles; and
Whereas the first week of December is an appropriate time to
recognize the achievements and objectives of the Scouting movement since
the fifty-fifth annual calendar program, a vehicle designed to
familiarize the American public with the Scout movement, is conducted
during this week; and
Whereas it is appropriate for the Government to recognize the
positive principles of patriotism, enthusiasm, and service that Scouting
typifies: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the week of December 3
through December 9, 1979 is designated as " Scouting Recognition Week",
and the President is authorized and requested to issue a proclamation
calling upon the people of the United States to observe that week by
appropriate activities.
Approved December 7, 1979.
LEGISLATIVE HISTORY:
CONGRESSIONAL RECORD, Vol. 125 (1979):
Nov. 29, considered and passed House.
Dec. 4, considered and passed Senate.
PUBLIC LAW 96-135, 93 STAT, 1056
apply to certain employees of
the Bureau of Indian Affairs and of the Indian
Health Service who are not
entitled to Indian employment preference and to modify
the application of the
Indian employment preference laws as it applies to
those agencies.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) section 8336 of
title 5, United States Code , is amended by redesignating subsection (j)
as subsection (k) and inserting after subsection (i) the following new
subsection:
"(j)(1) Except as provided in paragraph (3), an employee is entitled
to an annuity if he--,
"(A)(i) is separated from the service after completing 25 years
of service or after becoming 50 years of age and completing 20
years of service, or
"(ii) is involuntarily separated, except by removal for cause
on charges of misconduct or delinquency, during the 2-year period
before the date on which he would meet the years of service and
age requirements under clause (i),
"(B) was employed in the Bureau of Indian Affairs, the Indian
Health Service, a tribal organization (to the extent provided in
paragraph (2), or any combination thereof, continuously from
December 21, 1972, to the date of his separation, and
"(C) is not entitled to preference under the Indian preference
laws.
"(2) Employment in a tribal organization may be considered for
purposes of paragraph (1)(B) of this subsection only if--,
"(A) the employee was employed by the tribal organization after
January 4, 1975, and immediately before such employment he was an
employee of the Bureau of Indian Affairs or the Indian Health
Service, and
"(B) at the time of such employment such employee and the
tribal organization were eligible to elect, and elected, to have
the employee retain the coverage, rights, and benefits of this
chapter under section 105(e)(2) of the Indian Self-Determination
Act (25 U.S.C. 450i(a)(2); 88 STAT. 2209).
"(3)(A) The provisions of paragraph (1) of this subsection shall not
apply with respect to any separation of any employee which occurs after
the date 5 years after--,
"(i) the date the employee first meets the years of service and
age requirements of paragraph (1)(A)(i), or
"(ii) the date of the enactment of this paragraph, if the
employee met those requirements before that date.
"(B) For purposes of applying this paragraph with respect to any
employee of the Bureau of Indian Affairs in the Department of the
Interior or of the Indian Health Service in the Department of Health,
Education, and Welfare, the Secretary of the department involved may
postpone the date otherwise applicable under subparagraph (A) if--,
"(i) such employee consents to such postponement, and
"(ii) the Secretary finds that such postponement is necessary
for the continued effective operation of the agency.
The period of any postponement under this subparagraph shall not exceed
12 months and the total period of all postponements with respect to any
employee shall not exceed 5 years.
"(4) For the purpose of this subsection--,
"(A) ' Bureau of Indian Affairs' means (i) the Bureau of Indian
Affairs and (ii) all other organizationl units in the Department
of the Interior directly and primarily related to providing
services to Indians and in which positions are filled in
accordance with the Indian preference laws.
"(B) ' Indian preference laws' means section 12 of the Act of
June 18, 1934 (25 U.S.C. 472;48 Stat. 986), or any other provision
of law granting a preference to Indians in promotions or other
Federal personnel actions.".
(b) Section 8339(d) of title 5, United States Code, is amended by
adding at the end thereof the following new paragraph:
"(5) The annuity of an employee retiring under section 8336(j) of
this title is computed under subsection (a) of this section, // 5 USC
8336. // except that with respect to service on or after December 21,
1972, the employee's annuity is--,
"(A) 2 percent of the employee's average pay multiplied by so
much of the employee's service on or after that date as does not
exceed 20 years; plus
"(B) 2 percent of the employee's average pay multiplied by so
much of the employee's service on or after that date as exceeds 20
years.".
(c) The first sentence of section 8339(h) of title 5, United States
Code, is amended--,
(1) by inserting "(d)(5)," after "(b),"; and
(2) by striking out "or (h)" and inserting in lieu thereof",
(h), or (j)".
(d) The amendments made by this section // 5 USC 8336 // shall take
effect on the date of the enactment of this Act.
Sec. 2. (a) For purposes of applying reduction-in-force procedures
under subsection (a) of section 3502 of title 5, United States Code, //
25 USC 472a. // with respect to positions within the Bureau of Indian
Affairs and the Indian Health Service, the competitive and excepted
service retention registers shall be combined, and any employee entitled
to Indian preference who is within a retention category established
under regulations prescribed under such subsection to provide due effect
to military preference shall be entitled to be retained in preference to
other employees not entitled to Indian preference who are within such
retention category.
(b)(1) The Indian preference laws shall not apply in the case of any
reassignment within the bureau of Indian Affairs or within the Indian
Health Service (other than to a position in a higher grade) of an
employee not entitled to Indian preference if it is determined that
under the circumstances such reassignment is neccessary--,
(A) to assure the health of the employee or of any member of
the employee's household;
(B) in the course of a reduction in force; or
(C) because the employee's working relationship with a tribe
has so deteriorated that the employee cannot provide effective
service for such tribe or the Federal Government.
(2) The authority to make any determination under subparagraph (A),
(B), or (C) of paragraph (1) is vested in the Secretary of the Interior
with respect to the Bureau of Indian Affairs and the Secretary of
Health, Education, and Welfare with respect to the Indian Health
Service, and, notwithstanding any other provision of law, the Secretary
involved may not delegate such authority to any individual other than an
Under Secretary or Assistant Secretary of the respective department.
(c)(1) Notwithstanding any provision of the Indian preference laws,
such laws shall not apply in the case of any personnel action respecting
an employee not entitled to Indian preference if each tribal
organization concerned grants, in writing, a waiver of the application
of such laws with respect to such personnel action.
(2) The provisions of section 8336(j) of title 5, United States Code
(as added by the preceding section of this Act), shall not apply to any
individual who has accepted a waiver with respect to a personnel action
pursuant to paragraph (1) of this subsection or to section 1131 (f) of
the Education Amendments of 1978 (25 U.S.C. 2011(f); 92 Stat. 2324).
(d) The Secretaries of the Interior and Health, Education, and
Welfare shall each submit to the Congress a report following the close
of each fiscal year with respect to the actions which they took in such
fiscal year to recruit and train Indians to qualify such Indians for
positions which are subject to prefernce under the Indian preference
laws. Such report shall also include information as to the grade levels
and occupational classifications of Indian non-Indian employees in the
Bureau of Indian Affairs and the Indian Health Service.
(e)(1) The Office of Personnel Management shall provide all
appropriate assistance to the Bureau of Indian Affairs and the Indian
Health Service in placing non-Indian employees of such agencies in other
Federal positions. All other Federal agencies shall cooperate to the
fullest extent possible in such placement efforts.
(2) The Secretaries of the Interior and Health, Education, and
Welfare, and the Director of the Office of Personnel Management shall
each submit a report to Congress following the close of each fiscal year
with respect to the actions which they took in such fiscal year to place
non-Indian employees of the Bureau of Indian Affairs and the Indian
Health Service in other Federal positions.
(f) For purposes of this section--,
(1) The term "tribal organization" means--,
including
a Native village (as defined in section 3(c) of the
Alaska
Native Claims Settlement Act (43
U.S.C. 1602(c); 85 Stat.
688)); or
in
subsection (c)(1) of this section, any legally
established
organization of Indians which is controlled,
sanctioned, or
chartered by a governing body referred to in
subparagraph
(A) of this paragraph and which has been delegated by
such
governing body the authority to grant a waiver under
such
subsection with respect to such personnel action.
(2) The term " Indian preference laws" means section 12 of the
Act of June 18, 1934 (25 U.S.C. 472; 48 Stat. 986) or any other
provision of law granting a preference to Indians in promotions
and other personnel actions.
(3) The term " Bureau of Indian Affairs" means (A) the Bureau
of Indian Affairs and (B) all othe organizational units in the
Department of the Interior directly and primarily related to
providing services to Indians and in which positions are filled in
accordance with the Indian preference laws.
Approved December 5, 1979.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 370, Pt. 1 (Comm. on Post Office and Civil
Service) and Pt. 2 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 125 (1979):
Oct. 26, considered and passed House.
Nov. 26, considered and passed Senate.
PUBLIC LAW 96-134, 93 STAT, 1055
in Wilmington, Delaeare,
as the " J. Caleb Boggs Building".
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the building at 844
King Street, Wilmington, Delaware (commonly known as the Federal
Building) shall hereafter be known and designated as the " J. Caleb
boggs Building". Any reference in a law, map, regulation, document,
record, or other paper of the United States to that building shall be
held to be a refenence to the " J. Caleb Boggs Building".
Approved December 5, 1979.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 522 accompanying H.R. 5228 (Comm. on Public
Works and Transportation).
SENATE REPORT No. 96 - 391 (Comm. on Environment and Public Works).
CONGRESSIONAL RECORD, Vol. 125 (1979):
Nov. 1, considered and passed Senate.
Nov. 27, H.R. 5228 considered and passed House; passage
vacated and S. 1686 passed in lieu.
Public Law 96-133, 93 Stat, 1053
extend certain authorities
relating to the international energy program, 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. Subsection (j) of section 252 of the Energy Policy and
Conservation Act (42 U.S.C. 6272(j)) is amended by striking out "
November 30, 1979" and inserting in lieu thereof " March 15,1981".
Sec. 2. Subsection (c)(4) of section 252 of the Energy Policy and
Conservation Act (42 U.S.C. 6272(c)(4)) is amended by adding at the end
thereof the following: " Such access to any transcript that is required
to be kept for any meeting shall be provided as soon as practicable (but
not later than 14 days) after that meeting.".
Sec. 3. // 42 USC 6272 // The Secretary of Energy, in consultation
with the Secretary of State, the Attorney General, and the Chairman of
the Federal Trade Commission, shall prepare and submit to the
appropriate committees of Congress, a report concerning the actions
taken by them to carry out the provisions of section 252 of the Energy
Policy and Conservation Act. Such report shall examine and discuss--
(1) the extent to which all, or part, of any meeting held in
accordance with section 252(c) of such Act to carry out a
voluntary agreement or to develop or carry out a plan of action
should be open to interested persons in furtherance of the
provisions of section 252(c)(1)(A) of such Act;
(2) the policies and procedures followed by the appropriate
Federal agencies in reviewing and making public or withholding
from the public all, or part, of any transcript of any meeting
held to develop or carry out a voluntary agreement or plan of
action under section 252 and in permitting persons, other than
citizens of the United States, to review such transcripts prior to
any public disclosure thereof;
(3) the extent to which the classification of all, or part, of
such transcripts should be carried out by one agency;
(4) the adequacy of actions by the responsible Federal agencies
in insuring that the standards and procedures required by section
252 are fully implemented and enforced, including the monitoring
of the program concerning any anticompetitive effects, and the
number of personnel, and the amount of funds, assigned by each
such agency to carry out such standards and procedures;
(5) the actions taken, or to be taken, to improve the reporting
of energy supply data under the international energy program and
to reconcile such reporting with similar reporting that is
conducted by the Department of Energy;
(6) the actions taken, or planned, to improve the reporting
required by section 252(i);
// 42 USC 6272. //
and
(7) other actions under such section.
The Secretary of Energy shall transmit such report to such committees
within 120 days after the date of the enactment of this Act and shall
make such report available to the public.
Approved November 30, 1979.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 96 - 510 accompanying H.R. 4445 (Comm. on
Interstate and Foreign Commerce) and No. 96 - 669 (Comm. of Conference).
CONGRESSIONAL RECORD, Vol. 125 (1979):
Oct. 17, considered and passed Senate.
Oct. 22, H.R. 4445 considered and passed House; passage
vacated, and S. 1871 amended, passed in lieu.
Oct. 30, Senate concurred in House amendment with an amendment.
Nov. 16, Senate receded from its amendment and concurred in
House amendment with an amendment.
Nov. 28, Senate agreed to conference report.
Nov. 29, House agreed to conference report.
PUBLIC LAW 96-132, 93 STAT, 1040, DEPARTMENT OF JUSTICE
APPROPRIATIONS AUTHORIZATION ACT, FISCAL YEAR 1980
out the activities of the
Department of Justice for fiscal year 1980, 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 " Department of Justice Appropriation Authorization Act,
Fiscal Year 1980".
Sec. 2. There are authorized to be appropriated for the fiscal year
ending September 30, 1980, to carry out the activities of the Department
of Justice (including any bureau, office, board, division, commission,
or subdivision thereof) the following amounts:
(1) For General Administration, including--,
Attorney
General, or the Assistant Attorney General for
Administration;
and
management
information and tracking systems under section 11 of
this
Act:
$28,168,000.
(2) For the United States Parole Commission, including the hire
of passenger motor vehicles: $5,555,000.
(3) For General Legal Activities, including--,
Attorney
General, or the Associate Attorney General, or the
Assistant
Attorney General for Administration;
evidence,
to be expended under the direction of the Attorney
General and accounted for solely on his certificate;
general
administrative expenses of alien property activities,
including
rent of private or Government-owned space in the
District of Columbia; and
be
made available, for the investigation and prosecution of
denaturalization and deportation cases involving alleged
Nazi war criminals:
$111,748,000.
(4) For the Antitrust Division, consumer protection and kindred
laws, including not to exceed $4,000,000, to remain available
until expended, for antitrust enforcement grants to the States
under section 309 of the Omnibus Crime Control and Safe Streets Act of
1968, // 42 USC 3739. // as such Act existed on September 30, 1979:
$48,592,000.
(5) For United States Attorneys, Marshals, and Trustees, including--,
(A) purchase of firearms and ammunition;
(B) lease and acquisition of law enforcement and passenger
motor vehicles without regard to the general purchase price
limitation for the current fiscal year;
(C) supervision of United States prisoners in non-Federal
institutions;
(D) bringing to the United States from foreign countries
persons charged with crime; and
(E) acquisition, lease, maintenance, and operation of air
craft:
$242,573,000.
(6) For Support of United States Prisoners in non-Federal
institutions, including necessary clothing and medical aid, payment of
rewards, and reimbursements to Saint Elizabeths Hospital for the care
and treatment of United States prisoners, at perdiem rates as authorized
by section 2 of the Act entitled " An Act to authorize certain
expenditures from the appropriations of Saint Elizabeths Hospital, and
for other purposes", approved August 4, 1947 (24 U.S.C. 168a):
$25,100,000.
(7) For Fees and Expenses of Witnesses, including expenses, mileage,
compensation, and per diems of witnesses in lieu of subsistence, as
authorized by law; including advances of public moneys: $27,052,000,
but no sums authorized to be appropriated by this Act shall be used to
pay any witness more than one attendance fee for any one calendar day.
(8) For the Community Relations Service: $5,428,000.
(9) For the Federal Bureau of Investigation for--,
(A) expenses necessary for the detection and prosecution of
crimes against the United States;
(B) protection of the person of the President of the United
States and the person of the Attorney General;
(C) acquisition, collection, classification and preservation of
identification and other records and their exchange with, and for
the official use of, the duly authorized officials of the Federal
Government, of States, cities, and other institutions, such
exchange to be subject to cancellation if dissemination is made
outside the receiving departments or related agencies;
(D) such other investigations regarding official matters under
the control of the Department of Justice and the Department of
State as may be directed by the Attorney General;
(E) purchase for police-type use without regard to the general
purchase price limitation for the current fiscal year and hire of
passenger motor vehicles;
(F) acquisition, lease, maintenance, and operation of
air-craft; firearms and ammunition; payment of rewards;
(G) benefits in accordance with those provided under sections
911 (9) through (11), 942, and 945 of the Foreign Service Act of
1946 (22 U.S.C. 1136(9) through (11), 1157, and 1160), under
regulations prescribed by the Secretary of State; and
(H) not to exceed $70,000 to meet unforeseen emergencies of a
confidential character, to be expended under the direction of the
Attorney General and to be accounted for solely on his
certificate:
$584,408,000. None of the sums authorized to be appropriated by this
Act for the Federal Bureau of Investigation shall be used to pay the
compensation of any employee in the competitive service. Using sums
authorized to be appropriated by this Act, the Federal Bureau of
Investigation shall classify the offense of arson as a part I crime in
its Uniform Crime Reports.
(10) For the Immigration and Naturalization Service, for expenses
necessary for the administration and enforcement of the laws relating to
immigration, naturalization, and alien registration, including--,
(A) advance of cash to aliens for meals and lodging while en
route;
(B) payment of allowances to aliens, while held in custody
under the immigration laws, for work performed;
(C) payment of expenses and allowances incurred in tracking
lost persons as required by public exigencies in aid of State or
local law enforcement agencies;
(D) payment of rewards;
(E) not to exceed $70,000 to meet unforeseen emergencies of a
confidential character, to be expended under the direction of the
Attorney General and accounted for solely on his certificate;
(F) purchase for police-type use without regard to the general
purchase price limitation for the current fiscal year and hire of
passenger motor vehicles;
(G) acquisition, lease, maintenance, and operation of aircraft
(H) firearms and ammunition and attendance at firearms matches;
(I) operation, maintenance, remodeling and repair of buildings,
and the purchase of equipment incident thereto;
(J) refunds of maintenance bills, immigration fines, and other
items properly returnable except deposits of aliens who become
public charges and deposits to secure payment of fines and passage
money;
(K) payment of interpreters and translators who are not
citizens of the United States and distribution of citizenship
textbooks to aliens without cost to such aliens;
(L) acquisition of land as sites for enforcement fences, and
construction incident to such fences;
(M) benefits in accordance with those provided under sections
911 (9) through (11), 942, and 945 of the Foreign Service Act of
1946 (22 U.S.C. 1136 (9) through (11), 1157, and 1160) under
regulations prescribed by the Secretary of State; and
(N) research related to immigration enforcement which shall
remain available until expended:
$319,386,000, of which not to exceed $50,000 may be used for the
emergency replacement of aircraft upon the certificate of the Attorney
General.
(11) For the Drug Enforcement Administration for its activities,
including--,
(A) hiring and acquiring law enforcement and passenger motor
vehicles without regrd to the general purchase price limitation
for the current fiscal year;
(B) paying in advance for special tests and studies by
contract;
(C) paying in advance for expenses arising out of contractual
and reimbursable agreements with State and local law enforcement
and regulatory agencies while engaged in cooperative enforcement
and regulatory activities in accordance with section 503a(2) of
the Controlled Substances Act (21 U.S.C. 873(a)(2));
(D) paying expenses not to exceed $70,000 to meet unforeseen
emergencies of a confidential character to be expended under the
direction of the Attorney General, and to be accounted for solely
on his certificate;
(E) paying rewards;
(F) paying for publication of technical and informational
material in professional and trade journals; purchase chemicals,
apparatus, and scientific equipment;
(G) paying for necessary accommodations in the District of
Columbia for conferences and training activities;
(H) acquiring, leasing, maintaining, and operating aircraft;
(I) research related to enforcement and drug control to remain
available until expended;
(J) contracting with individuals for personal services abroad,
and such individuals shall not be regarded as employees of the
United States Government for the purpose of any law administered
by the Office of Personnel Management;
(K) benefits in accordance with those provided under section
911 (9) through (11), 942, and 945 of the Foreign Service Act of
1946 (22 U.S.C. 1136(9) through (11), 1157, and 1160), under
regulations prescribed by the Secretary of State; and
(L) paying for firearms and ammunition and attendance at
firearms matches:
$198,336,000, including such sums as are authorized by section 709(a) of
the Controlled Substances Act (21 U.S.C. 904(a)), for the fiscal year
ending September 30, 1980.
(12) For the Federal Prison System: $349,789,770, including the
following:
(A)(i) For the administration, operation, and maintenance of
Federal penal and correctional institutions, including supervision
and support of United States prisoners in non-Federal
institutions, and not to exceed $28,168,770 for inmate medical
services within the system, and not to exceed $100,000 for inmate
legal services within the system;
(ii) purchase and hire of law enforcement and passenger motor
vehicles;
(iii) compilation of statistics relating to prisoners in
Federal penal and correctional institutions;
(iv) assistance to State and local governments to improve their
correctional systems;
(v) purchase of firearms and ammunition; medals and other
awards;
(vi) payment of rewards;
(vii) purchase and exchange of farm products and livestock;
(viii) construction of buildings at prison camps; and
acquisition of land as authorized by section 4010 of title 18 of
the United States Code; and
(ix) transfer to the Health Services Administration
// 42 USC 250a. //
of such amounts as may be necessary, in the discretion of the
Attorney General, for the direct expenditures by that
Administration for medical relief for inmates of Federal penal and
correctional institutions.
(B) For Federal Prison Industries, Incorporated, to make such
expenditures, within the limits of funds and borrowing authority,
and in accord with the law, and to make such contracts and
commitments without regard to fiscal year limitations as provided
by section 104 of the Government Control Corporation Act,
// 31 USC 849. //
as may be necessary in carrying out the program set forth in the
budget for the current fiscal year for such corporation, including
purchase and hire of passenger motor vehicles.
(C) For planning, acquisition of sites and construction of new
facilities, and constructing, remodeling, and equipping necessary
buildings and facilities at existing penal and correctional
institutions, including all necessary expenses incident thereto,
by contract or force account, to remain available until expended,
and the labor of United States prisoners may be used for work
performed with sums authorized to be appropriated by this clause.
(D) For carrying out the provisions of section 4351 through
4353 of title 18 of the United States Code, which establishes a
National Institute of Corrections, to remain available until
expended.
Sec. 3. (a) None of the sums authorized to be appropriated by this
Act may be used to pay the compensation of any person employed after the
date of the enactment of this Act as an attorney (except foreign counsel
employed in special cases) unless such person shall be duly licensed and
authorized to practice as an attorney under the laws of a State,
territory, or the District of Columbia.
(b) The Department of Justice shall not be required to absorb from
sums appropriated pursuant to the authorization provided in this Act,
other than sums appropriated pursuant to section 4(f) of this Act, any
increases in salary, pay, retirement, and other employee benefits
authorized by law, or other nondiscretionary costs.
(c) None of the sums authorized to be appropriated in this Act may be
used for the purposes of engaging in the activity of message-switching
until such time as the Committees on the Judiciary of the House of
Representatives and Senate have each given their approval. For the
purposes of this subsection, the term "message-switching" means the use
of electronic equipment to receive a message, store that message until
an outgoing line is available, and then retransmit the message without
any direct connection between the line on which the message was received
and the line on which the message is retransmitted.
Sec. 4. (a) Sums authorized to be appropriated by this Act which are
available for expenses of attendance at meetings shall be expended for
such purposes in accordance with regulations prescribed by the Attorney
General.
(b) Sums authorized to be appropriated by this Act may be used for
the purchase of insurance for motor vehicles and aircraft operated in
official Government business in foreign countries.
(c) Sums authorized to be appropriated by this Act for salaries and
expenses shall be available for services as authorized by section 3109
of title 5 of the United States Code.
(d) Sums authorized to be appropriated by this Act to the Department
of Justice may be used, in an amount not to exceed $31,000, for official
reception and representation expenses in accordance with distributions,
procedures, and regulations established by the Attorney General.
(e) Sums authorized to be appropriated by this Act may be used for--,
(1) expenses of primary and secondary schooling for dependents
of personnel stationed outside the continental United States at
cost not in excess of those authorized by the Department of
Defense for the same area, when it is determined by the Attorney
General that schools available in the locality are unable to
provide adequately for the education of such dependents; and
(2) transportation of those dependents between their place of
residence and schools serving the area which those dependents
would normally attend when the Attorney General, under such
regulations as he may prescribe, determines that such schools are
not accessible by public means of transportation.
(f) There are authorized to be appropriated for the fiscal year
ending September 30, 1980, such sums as may be necessary for increases
in salary, pay, retirement, and other employee benefits authorized by
law, and for other nondiscretionary costs.
(g) Sums authorized to be appropriated for " Salaries and expenses,
General Administration", " Salaries and expenses, United States
Attorneys, and Marshals", " Salaries and expenses, Federal Bureau of
Investigation", " Salaries and expenses, Immigration and Naturalization
Service", and " Salaries and expenses, Bureau of Prisons" may be used
for uniforms and allowances as authorized by section 5901 and 5902 of
title 5 of the United States Code.
(h) The first sentence of section 5924(4)(B) of title 5 of the United
States Code is amended by inserting "the Department of Justice," after
"the International Communication Agency,".
Sec. 5. Section 5315(19) of title 5 of the United States Code is
amended by striking out " Assistant Attorneys General (9)" and inserting
in lieu thereof " Assistant Attorneys General (10)".
Sec. 6. Notwithstanding the second of the paragraphs relating to
salaries and expenses of the Federal Bureau of Investigation in the
Department of Justice Appropriation Act, 1973 (86 Stat. 1115), sums
authorized to be appropriated by this Act for such salaries and expenses
may be used for the purposes described in such paragraph until, but not
later than, the end of the fiscal year ending September 30, 1980.
Sec. 7. (a) With respect to any undercover investigative operation
of the Federal Bureau of Investigation which is necessary for the
detection and prosecution of crimes against the United States or for the
collection of foreign intelligence or counterintelligence--,
(1) sums authorized to be appropriated for the Federal Bureau
of Investigation by this Act may be used for leasing space within
the United States, the District of Columbia, and the territories
and possessions of the United States without regard to section
3679(a) of the Revised Statutes (31 U.S.C. 665(a)), section 3732(
a) of the Revised Statutes (41 U.S.C. 11(a)), section 305 of the
Act of June 30, 1949 (63 Stat. 396; 41 U.S.C. 255), the third
undesignated paragraph under the heading " Miscellaneous" of the
Act of March 3, 1877 (19 Stat. 370; 40 U.S.C. 34), section 3648
of the Revised Statutes (31 U.S.C. 529), section 3741 of the
Revised Statutes (41 U.S.C. 22), and subsections (a) and (c) of
section 304 of the Federal Property and Administrative Services
Act of 1949 (63 Stat. 395; 41 U.S.C. 254 (a) and (c));
(2) sums authorized to be appropriated for the Federal Bureau
of Investigation by this Act may be used to establish or to
acquire proprietary corporations or business entities as part of
an undercover operation, and to operate such corporations or
business entities on a commercial basis, without regard to the
provisions of section 304 of the Government Corporation Control
Act (31 U.S.C. 869);
(3) sums authorized to be appropriated for the Federal Bureau
of Investigation by this Act, and the proceeds from such
undercover operation, may be deposited in banks or other financial
institutions without regard to the provisions of section 648 of
title 18 of the United States Code, and section 3639 of the
Revised Statutes (31 U.S.C. 521); and
(4) the proceeds from such undercover operation may be used to
offset necessary and reasonable expenses incurred in such
operation without regard to the provisions of section 3617 of the
Revised Statutes (31 U.S.C. 484);
only upon the written certification of the Director of the Federal
Bureau of Investigation (or, if designated by the Director, the
Associate Director) and the Attorney General (or, if designated by the
Attorney General, the Deputy Attorney General) that any action
authorized by paragraph (1), (3), or (4) of this subsection is necessary
for the conduct of such undercover operation.
(b) As soon as the proceeds from an undercover investigative
operation with respect to which an action is authorized and carried out
under paragraphs (3) and (4) of subsection (a) are no longer necessary
for the conduct of such operation, such proceeds or the balance of such
proceeds remaining at the time shall be deposited into the Treasury of
the United States as miscellaneous receipts.
(c) If a corporation or business entity established or acquired as
part of an undercover operation under paragraph (2) of subsection (a)
with a net value over $50,000 is to be liquidated, sold, or otherwise
disposed of, the Federal Bureau of Investigation, as much in advance as
the Director or his designee determines is practicable, shall report the
circumstances to the Attorney General and the Comptroller General. The
proceeds of the liquidation, sale, or other disposition, after
obligations are met, shall be deposited in the Treasury of the United
States as miscellaneous receipts.
(d)(1) The Federal Bureau of Investigation shall conduct // 28 USC
533 // detailed financial audits of undercover operations closed on or
after October 1, 1979, and--,
(A) report the results of each audit in writing to the
Department of Justice, and
(B) report annually to the Congress concerning these audits.
(2) For the purposes of paragraph (1), "undercover operation" means
any undercover operation of the Federal Bureau of Investigation, other
than a foreign counterintelligence undercover operation--,
(A) in which the gross receipts exceed $50,000, and
(B) which is exempted from section 3617 of the Revised Statutes
(31 U.S.C. 484) or section 304(a) of the Government Corporation
Control Act (31 U.S.C. 869(a)).
Sec. 8. During the fiscal year for which appropriations are
authorized by this Act, each organization of the Department of Justice,
through the appropriate office within the Department of Justice, shall
notify in writing the Committees on the Judiciary, of the House of
Representatives and the Senate, and other appropriate committees, and
the ranking Minority members thereof, a minimum of 15 days before--,
(1) reprograming of funds in excess of $250,000 or 10 percent,
whichever is less, between the programs within the offices,
divisions, and boards as defined in the Department of Justice's
program structure submitted to the Committees on the Judiciary of
the Senate and House of Representatives;
(2) reprograming of funds in excess of $500,000 or 10 percent,
whichever is less, between programs within the Bureaus as defined
in the Department of Justice's program structure submitted to the
Committees on the Judiciary of the Senate and House of
Representatives;
(3) any reprograming action which involves less than the
amounts specified in paragraphs (1) and (2) if such action would
have the effect of significant program changes and committing
substantive program funding requirements in future years;
(4) increasing personnel or funds by any means for any project
or program for which funds or other resources have been
restricted;
(5) creation of new programs or significant augmentation of
existing programs;
(6) reorganization of offices or programs; and
(7) significant relocation of offices or employees.
Sec. 9. (a) The Attorney General shall perform periodic evaluations
of the overall efficiency and effectiveness of the Department of Justice
programs and any supporting activities funded by appropriations
authorized by this Act and annual specific program evaluations of
selected subordinate organization's programs, as determined by
priorities set either by the Congress or the Attorney General.
(b) Subordinate Department of Justice organizations and their
officials shall provide all necessary assistance and cooperation in the
conduct of the evaluation, including full access to all information,
documentation, and cognizant personnel, as required.
(c) Completed evaluations shall be made available to the Committees
on the Judiciary of the Senate and House of Representatives, and other
appropriate committees.
(d) If the Committee on the Judiciary of either the Senate or the
House of Representatives requests the Attorney General to perform an
evaluation of the kind described in subsection (a) of this section, the
Attorney General shall submit to the committee making the request, not
later than 30 days after the date the request is made, a design and
timetable for making the requested evaluation. If the projected time
period for completing the evaluation exceeds 6 months, the Attorney
General shall, during the course of the evaluation, submit intermittent
reports on the progress of the evaluation to the committee making the
request.
Sec. 10. The Attorney General shall make arrangements with an
appropriate entity for an independent comprehensive management analysis
of the operations of the Immigration and Naturalization Service for the
purpose of making such operations efficient and cost effective. After
the completion of such analysis, the Attorney General shall promptly
submit a report to the appropriate committees of Congress on the results
of such analysis together with any administrative or legislative
recommendations of the Attorney General to improve the operations of the
Service.
Sec. 11. (a) Not later than April 15, 1980, the Attorney General,
after consultation with the Director of the Executive Office of United
States Attorneys and such Assistant Attorneys General as he shall deem
appropriate, shall prepare and submit to the Committees on the Judiciary
of the Senate and House of Representatives a plan for the activation and
coordination, within the Department, of compatible, comprehensive case
management information and tracking systems for each of the judicial
districts of the United States, as described in chapter 5 of title 28 of
the United States Code and for each of the divisions of the Department.
(b) Such plan shall--,
(1) incorporate into the design of such systems all matters and
cases involving the United States Attorneys and, where relevant,
other departmental resources;
(2) make provision for identifying and retrieving all relevant
data, including--,
including
identification of the division or office primarily
responsible
for the case;
States,
the stage of the proceedings at which such decisions are
made, and the reasons for such decisions; and
governmental
organization, including any organization within the
Department of Justice, referring each case for
prosecution or
litigation;
(3) take into account the importance of identifying
investigations, prosecutions, and litigation in areas which the
Attorney General may from time to time designate as high priority;
(4) consider the application of a case weighting system for
evaluating prosecutorial and litigation decisions, dedication of
resources, and case management and disposition by all departmental
personnel involved;
(5) emphasize as a goal maximum data retrieval and utilization;
and
(6) include a timetable for implementation of the plan and the
costs for implementation.
Sec. 12. // 28 USC 509 // The Attorney General may, with the
concurrence of any agency or Department with primary enforcement
responsibility for an environmental or natural resource law, investigate
any violation, of an environmental or natural resource law of the United
States, and bring such actions as are necessary to enforce such laws.
This section does not affect the criminal law enforcement authority of
the Attorney General.
Sec. 13. Section 709 of the Controlled Substances Act (21 U.S.C.
904(b)) is amended by adding after subsection (b) the following new
subsection:
"(c) Notwithstanding section 2680(k) of title 28, United States Code,
the Attorney General, in carrying out the functions of the Department of
Justice under this title, is authorized to pay tort claims in the manner
authorized by section 2672 of title 28, United States Code, when such
claims arise in a foreign country in connection with the operations of
the Drug Enforcement Administration abroad.".
Sec. 14. Section 511(d) of the Controlled Substances Act (21 U.S.C.
881(d)) is amended by--,
(1) striking out " All provisions" and inserting in lieu
thereof " The provisions", and
(2) striking out" and the award of compensation to informers in
respect of such forfeitures".
Sec. 15. Section 709(a) of the Controlled Substances Act (21 U.S.C.
904) is amended--,
(1) by striking out "and" after" 1978,", and
(2) by inserting after "1979," the following: "and
$198,336,000 for the fiscal year ending September 30, 1980,".
Sec. 16. (a) Paragraph (4) of section 102 of the Controlled
Substances Act (21 U.S.C. 802(4)) is amended to read as follows:
"(4) The term ' Drug Enforcement Administration' means the Drug
Enforcement Administration in the Department of Justice.".
(b) Section 508 and 516 of such Act (21 U.S.C. 878, 886) are each
amended by striking out " Bureau of Narcotics and Dangerous Drugs" each
place it occurs and inserting in lieu thereof " Drug Enforcement
Administration".
(c) Section 513 of such Act (21 U.S.C. 883) is amended--,
(1) by striking out " Director of the Bureau of Narcotics and
Dangerous Drugs" and inserting in lieu thereof " Administrator of
the Drug Enforcement Administration"; and
(2) by striking out " Director may" and inserting in lieu
thereof " Administrator may".
Sec. 17. (a) In addition to any other sums appropriated by this Act,
there are authorized to be appropriated $5,000,000, to remain available
until expended, for financial assistance to joint State and joint State
and local law enforcement agencies engaged in cooperative enforcement
efforts with respect to drug related offenses, organized criminal
activity and all support activities related thereto.
(b) The Attorney General shall, in accordance with section 553 of
title 5 of the United States Code promulgate regulations establishing
criteria under which such cooperative enforcement agencies may qualify
for financial assistance under this section.
Sec. 18. (a) On or before September 1, 1980, the Attorney General
shall submit to Congress--,
(1) a plan to assure the closure of the United States
Penitentiary at Atlanta, Georgia, by September 1, 1984; and
(2) a plan to alter the function of the United States
Penitentiary at Leavenworth, Kansas, to that of a modern
correctional institution by September 1, 1985.
(b) The plan prepared under this section shall prohibit the use of
the United States Penitentiary at Atlanta, Georgia, as a correctional
institution by a State or political subdivision after the closure of the
institution by the Federal Government.
Sec. 19. In addition to any other sums that are authorized to be
appropriated by this Act, there are authorized to be appropriated
$2,600,000, for planning and site acquisition of a Federal detention
facility in Los Angeles County, California.
Sec. 20. // 42 USC 3731 // (a) The National Institute of Justice, the
Bureau of Justice Statistics, and the Law Enforcement Assistance
Administration are authorized to use funds, and to authorize States to
use funds, for programs, projects or events devoted to the international
aspects of crime prevention and criminal justice.
(b) Notwithstanding any other provision of law, the State of
California is authorized to utilize the proceeds of block grants awarded
during fiscal year 1979 or fiscal year previous thereto to fund the 1980
Congress on the Prevention of Crime and Treatment of Offenders.
Sec. 21. // 28 USC 519 // (a) The Attorney General shall, during the
fiscal year for which appropriations are authorized by this Act,
transmit a report to each House of the Congress in any case in which the
Attorney General--,
(1) establishes a policy to refrain from the enforcement of any
provision of law enacted by the Congress, the enforcement of which
is the responsibility of the Department of Justice, because of the
position of the Department of Justice that such provision of law
is not constitutional; or
(2) determines that the Department of Justice will contest, or
will refrain from defending, any provision of law enacted by the
Congress in any proceeding before any court of the United States,
or in any administrative or other proceeding, because of the
position f the Department of Justice that such provision of law is
not constitutional.
(b) Any report required in subsection (a) shall be transmitted not
later than 30 days after the Attorney General establishes the policy
specified in subsection (a)(1) or makes the determination specified in
subsection (a)(2). Each such report shall--,
(1) specify the provision of law involved;
(2) include a detailed statement of the reasons for the
position of the Department of Justice that such provision of law
is not constitutional; and
(3) in the case of a determination specified in subsection
(a)(2), indicate the nature of the judicial, administrative, or
other proceeding involved.
(c) If, during the fiscal year for which appropriations are
authorized by this Act, the Attorney General determines that the
Department of Justice will contest, or will refrain from defending, any
provision of law enacted by the Congress in any proceeding before any
court of the United States, or in any administrative or other
proceeding, because of the position of the Department of Justice that
such provision of law is not constitutional, then the representative of
the Department of Justice participating in such proceeding shall make a
declaration in such proceeding that such position of the Department of
Justice regarding the constitutionality of the provision of law involved
constitutes the position of the executive branch of the United States
with respect to such matter.
Sec. 22. // 8 USC 1551 // (a) In order to create an independent and
objective unit--,
(1) to conduct and supervise audits and investigations relating
to programs and operations of the Immigration and Naturalization
Service,
(2) to provide leadership and coordination and recommend
policies for activities designed (A) to promote economy,
efficiency, and effectiveness in the administration of, and (B) to
prevent and detect fraud and abuse in, such programs and
operations, and
(3) to provide a means for keeping the Commissioner of the
Immigration and Naturalization Service and the Congress fully and
currently informed about problems and deficiencies relating to the
administration of such programs and operations and the necessity
for and progress of corrective action,
there is hereby established in the Immigration and Naturalization
Service of the Department of Justice an Office of Special Investigator
(hereinafter in this section referred to as "the Office").
(b)(1) There shall be at the head of the Office a Special
Investigator (hereinafter in this section referred to as "the Special
Investigator") who shall be appointed by the Attorney General without
regard to political affiliation and solely on the basis of integrity and
demonstrated ability in accounting, auditing, financial analysis, law,
management analysis, public administration, or investigations. The
Special Investigator shall report to and be under the general
supervision of the Commissioner, who shall not prevent or prohibit the
Special Investigator from initiating, carrying out, or completing any
audit or investigation, or from issuing any subpena during the course of
any audit or investigation.
(2) The Special Investigator may be removed from office by the
Attorney General. The Attorney General shall communicate the reasons
for any such removal to both Houses of Congress.
(3) For the purposes of section 7324 of title 5 of the United States
Code, the Special Investigator shall not be considered to be an employee
who determines policies to be pursued by the United States in the
nationwide administration of Federal laws.
(4) The Special Investigator shall, in accordance with applicable
laws and regulations governing the civil service--,
(A) appoint an Assistant Special Investigator for Auditing who
shall have the responsibility for supervising the performance of
auditing activities relating to programs and operations of the
Service, and
(B) appoint an Assistant Special Investigator for
Investigations who shall have the responsibility for the
performance of investigative activities relating to such programs
and operations.
(c) The following provisions of the Inspector General Act of 1978
(Public Law 95 - 452) // 92 Stat. 1101. 5 USC app. // shall apply to
the Special Investigator, the Office, the Commissioner, and the Service
under this section in the same manner as those provisions apply to an
Inspector General, an Office, the head of the establishment, and an
establishment under such Act:
(1) Section 4
// 92 Stat. 1102. 5 USC app. //
(relating to duties and responsibilities of an Inspector General
and the manner in which they are carried out).
(2) Section 5
// 92 Stat. 1103. 5 USC app. //
(relating to reports required to be prepared and furnished by or
to an Inspector General and their transmittal and availability).
(3) Section 6
// 92 Stat. 1104. 5 USC app. //
(relating to the authority of an Inspector General and related
administrative provisions).
(4) Section 7
// 92 Stat. 1105. 5 USC app. //
(relating to the treatment of employee complaints by an Inspector
General).
(d) The Attorney General is authorized to appoint such staff as may
be necessary to carry out this section.
(e) For purposes of this section--,
(1) the term " Service" means the Immigration and
Naturalization Service;
(2) the term " Department" means the Department of Justice;
and
(3) the term " Commissioner" means the Commissioner of
Immigration and Naturalization.
(f) The Special Investigator shall be compensated at the rate then
payable under section 5316 of title 5 of the United States Code for
level V of the Executive Schedule.
(g) The provisions of this section shall take effect on the date of
the enactment of this Act and shall cease to have effect the earlier
of--,
(1) 3 years after the date of the enactment of this Act; and
(2) the establishment of an office of inspector general for the
Department of Justice.
(h) In addition to any other sums authorized to be appropriated by
this Act, there are authorized to be appropriated $376,000 for the
fiscal year ending September 30, 1980 to carry out this section.
Sec. 23. Section 4 of the Act entitled " An Act to amend section 201
(a), 202(c) and 203(a) of the Immigration and Nationality Act, as
amended, and to establish a Select Commission on Immigration and Refugee
Policy", approved October 5, 1978 (92 Stat. 907; 8 U.S.C. 1151 note),
is amended--,
(1) in subsection (b)(2),
// 92 Stat. 907. //
by striking out "receive the sum of $100" and inserting in lieu
thereof "be compensated at a rate not to exceed the daily
equivalent of the rate then payable for grade GS-18 in the General
Schedule under section 5332 of title 5, United States Code,";
(2) in subsection (d)(7),
// 92 Stat. 908. //
by striking out " September 30, 1980" and inserting in lieu
thereof " March 1, 1981";
(3) in subsection (e)(1),
// 92 Stat. 908. //
by inserting after "detailed to the Commission" the following:
"without rimbursement";
(4) in subsection (i),
// 92 Stat. 909. //
by striking out "$700,000" and inserting in lieu thereof
"$2,450,000, to remain available until expended,"; and
(5) by amending subsection (j)
// 92 Stat. 909. //
to read as follows:
"(j) The Commission is authorized to procure temporary and
intermittent services of experts and consultants as are necessary to the
extent authorized by section 3109 of title 5, United States Code, but at
rates not to exceed the daily equivalent of the rate then payable for
grade GS-18 in the General Schedule under section 5332 of such title.".
Approved November 30, 1979.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 96 - 99, Pt. 1 (Comm. on the Judiciary), Pt. 2
(Comm. on Intelligence), and Pt. 3 (Comm. on Interstate and Foreign
Commerce), all accompanying H.R. 3303, and No. 96 - 628 (Comm. of
Conference).
SENATE REPORTS: No. 96 - 173 (Comm. on the Judiciary) and No. 96 -
418 (Comm. of Conference).
CONGRESSIONAL RECORD, Vol. 125 (1979):
June 4, considered and passed Senate.
Oct. 16, H.R. 3303 considered and passed House; passage
vacated and S.1157, amended, passed in lieu.
Nov. 27, House and Senate agreed to conference report.
PUBLIC LAW 96-131, 93 STAT, 1023 DEPARTMENT OF TRANSPORTATION AND
RELATED AGENCIES APPROPRATIONS ACT, 1980
Transportation and related agencies
for the fiscal year ending September 30, 1980, and for
other purposes.
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 Department of Transportation and related agencies
for the fiscal year ending September 30, 1980, and for other purposes,
namely:
For necessary expenses of the Office of the Secretary of
Transportation, including not to exceed $27,000 for allocation within
the Department for official reception and representation expenses as the
Secretary may determine, $34,768,000.
For necessary expenses for conducting transportation planning,
research, and development activities, including the collection of
national transportation statistics, to remain available until expended,
$9,075,000.
Necessary expenses for operating costs and capital outlays of the
Department of Transportation Working Capital Fund not to exceed
$64,383,000 shall be paid, in accordance with law, from appropriations
made available by this Act and prior appropriation Acts to the
Department of Transportation together with advances and reimbursements
received by the Department of Transportation.
For necessary expenses for the operation and maintenance of the Coast
Guard, not otherwise provided for; purchase of not to exceed eleven
passenger motor vehicles, for replacement only; and recreation and
welfare; $1,042,585,000 of which $224,218 shall be applied to Capehart
Housing debt reduction: // 14 USC 92 // Provided, That the number of
aircraft on hand at any one time shall not exceed one hundred and
seventy-nine exclusive of planes and parts stored to meet future
attrition: Provided further, That none of these funds appropriated in
this or any other Act shall be available for pay or administrative
expenses in connection with shipping commissioners in the United States.
For necessary expenses of acquisition, construction, rebuilding, and
improvement of aids to navigation, shore facilities, vessels, and
aircraft, including equipment related thereto; to remain available
until September 30, 1982, $286,011,000.
For necessary expenses for alteration or removal of obstructive
bridges; $7,650,000, to remain available until expended.
For retired pay, including the payment of obligations therefor
otherwise chargeable to lapsed appropriations for this purpose, and
payments under the Retired Serviceman's Family Protection and Survivor
Benefit Plans; $198,500,000.
For all necessary expenses for the Coast Guard Reserve, as authorized
by law; maintenance and operation of facilities; and supplies,
equipment, and services; $41,255,000.
For necessary expenses, not otherwise provided for, for basic and
applied scientific research, development, test, and evaluation;
maintenance, rehabilitation, lease, and operation of facilities and
equipment, as authorized by law; $22,000,000, to remain available until
expended: Provided, That there may be credited to this appropriation,
funds received from State and local governments, other public
authorities, private sources and foreign countries for expenses incurred
for research, development, testing and evaluation.
For necessary expenses to carry out the provisions of title III of
the Outer Continental Shelf Lands Act Amendments of 1978 (Public Law 95
- 372), // 43 USC 1811. // such sums as may be necessary to be drived
from the Offshore Oil Pollution Compensation Fund, to remain available
until expended. In addition, the Secretary of Transportation is
authorized to issue to the Secretary of the Treasury, to meet the
obligations of the Fund, notes or other obligations pursuant to section
302 of the Amendments in such amounts and at such times as may be
necessary.
For carrying out the provisions of subsections (c), (d), (i), and (1)
of section 311 of the Federal Water Pollution Control Act Amendments of
1972, 33 U.S.C. 1321, $10,000,000 to remain available until expended.
For necessary expenses of Federal Aviation Administration, not
otherwise provided for, // 49 USC 1701 // including administrative
expenses for research and development and for establishment of air
navigation facilities, and carrying out the provisions of the Airport
and Airway Development Act; purchase of five passenger motor vehicles
for replacement only and purchase and repair of skis and snowshoes:
$2,085,520,000, of which not to exceed $325,000,000 shall be derived
from the Airport and Airway Trust Fund, for the purposes of subsection
(e) of section 14 of the Airport and Airway Development Act of 1970, //
49 USC 1714. // as amended, andsubject to the conditions of that
subsection and, in addition, not to exceed $5,000,000 from unobligated
balances in the appropriations for " Civil supersonic aircraft
development" and " Civil supersonic aircraft development termination"
may be transferred to this account: Provided, That there may be
credited to this appropriation, funds received from States, counties,
municipalities, other public authorities, and private sources, for
expenses incurred in the maintenance and operation of air navigation
facilities: Provided further, That none of these funds shall be
available for new applicants for the second career training program.
For necessary expenses of the Federal Aviation Administration, not
otherwise provided for, for acquisition and modernization of facilities
and equipment and service testing in accordance with the provisions of
the Federal Aviation Act (49 U.S.C. 1301 - 1542), including construction
of experimental facilities and acquisition of necessary sites by lease
or grant and purchase of two aircraft for replacement only, $20,500,000,
to remain available until expended: Provided, That there may be
credited to this appropriation, funds received from States, counties,
municipalities, other public authorities, and private sources, for
expenses incurred for engineering and development.
FUND)
For necessary expenses, not otherwise provided for; for acquisition,
establishment, and improvement by contract or purchase, and hire of air
navigation and experimental facilities, including initial acquisition of
necessary sites by lease or grant; engeering and service testing
including construction of test facilities and acquisition of necessary
sites by lease or grant; construction and furnishing of quarters and
related accommodations for officers and employees of the Federal
Aviation Administration stationed at remote localities where such
accommodations are not available; to be derived from the Airport and
Airway Trust Fund, $293,000,000, of which $43,000,000 shall be derived
by transfer from the appropriation " Facilities and Equipment (Airport
and Airway Trust Fund), 1977," to remain available until September 30,
1984: Provided, That there may be credited to this appropriation, funds
received from States, counties, municipalities, other public
authorities, and private sources, for expenses incurred in the
establishment and modernization of air navigation facilities: Provided
further, That no part of the foregoing appropriation shall be available
for the construction of a new wind tunnel, or to purchase any land for
or in connection with the National Aviation Facilities Experimental
Center, or to decommission in excess of five flight service stations.
For necessary expenses, not otherwise provided for, for research,
engineering and development in accordance with the provisions of the
Federal Aviation Act (49 U.S.C. 1301 - 1542), including construction of
experimental facilities and acquisition of necessary sites by lease or
grant; $75,000,000, to be derived from the Airport and Airway Trust
Fund, to remain available until expended: Provided, That there may be
credited to this appropriation, funds received from States, counties,
municipalities, other public authorities, and private sources, for
expenses incurred for reseach, engineering and development.
For liquidation of obligations incurred for airport development under
authority contained in section 14 of Public Law 91 - 258, // USC 1714.
// as amended, to be derived from the Airport and Airway Trust Fund and
to remain available until expended, $610,000,000; and for airport
planning grants, $10,000,000, to be derived from the Airport and Airway
Trust Fund and to remain available until expended.
For expenses incident to the care, operation, maintenance,
improvement, and protection of the federally owned civil airports in the
vicinity of the District of Columbia, including purchase of ten
passenger motor vehicles for police or ambulance type use, for
replacement only; and purchase of two motor bikes for replacement only;
purchase, cleaning, and repair of uniforms; and arms and ammunition;
$25,465,000.
For necessary expenses for construction at the federally owned civil
airports in the vicinity of the District of Columbia, $6,785,000, to
remain available until September 30, 1982.
The Secretary of Transportation is hereby authorized to make such
expenditures and investments, within the limits of funds available
pursuant to section 1306 of the Act of August 23,1958, as amended (49
U.S.C. 1536), and in accordance with section 104 of the Government
Corporation Control Act, as amended (31 U.S.C. 849), as may be necessary
in carrying out the programs set forth in the budget for the current
fiscal year for aviation insurance activities under said Act.
For necessary expenses in carrying out section 126(d) of the
Federal-Aid Highway Act of 1978 (Public Law 95 - 599), // 23 USC 146 //
$1,000,000 to be derived from the Highway Trust Fund and for necessary
expenses in carrying out section 126(e) of such Act, $3,000,000 to be
derived from the Highway Trust Fund; for necessary expenses in carrying
out section 131(j) of title 23, U.S.C. $8,500,000; for necessary
expenses to carry out provisions of 23 U.S.C. 219, $20,000,000, to
remain available until September 30, 1983; for necessary expenses in
carrying out section 154 of title 23, U.S.C. (other than subsection
(i)), $20,000,000 to be derived from the Highway Trust Fund: Provided,
That none of these funds shall be subject to the obligational limitation
set forth in section 304 of this Act; for necessary expenses for urban
discretionary grants as authorized by the Urban Mass Transportation Act
of 1964, as amended (49 U.S.C. 1601 et seq.), to remain available until
September 30, 1983, $100,000,000: Provided, That none of these funds
shall be available to retrofit any existing fixed rail transit system to
comply with regulations issued pursuant to section 504 of the
Rehabilitation Act of 1973; // 29 USC 794. // for necessary expenses
for public transportation projects in areas other than urbanized areas
as defined for the purposes of the Urban Mass Transportation Act of
1964, as amended (49 U.S.C. 1601 et seq.), $10,000,000, to remain
available until expended; for necessary expenses for urban formula
grants as authorized by the Urban Mass Transportation Act of 1964, as
amended (49 U.S.C. 1601 et seq.), $15,000,000, to remain available until
expended.
Necessary expenses for administration, operation, and research of the
Federal Highway Administration not to exceed $188,600,000 shall be paid,
in accordance with law, from appropriations made available by this Act
to the Federal Highway Administration together with advances and
reimbursements received by the Federal Highway Administration:
Provided, That not to exceed $46,550,000 of the amount provided herein
shall remain available until expended.
For necessary expenses to carry out motor carrier safety functions of
the Secretary, as authorized by the Department of Transportation Act (80
Stat. 939 - 40), // 49 USC 1651 // $13,700,000,of which $3,800,000 of
the amount appropriated herein shall remain available until expended and
not to exceed $1,264,000 shall be available for " Limitation on general
operating expenses".
For necessary expenses in carrying out provisions of title 23, United
States Code, to be derived from the Highway Trust Fund and to remain
available until expended, $9,500,000.
For paymment of obligations incurred in carrying out the provisions
of title 23, United States Code, sections 131, 136, and 319(b),
$25,283,000, to remain available until expended.
CONTRACT
AUTHORIZATION) (TRUST FUND)
For payment of obligations incurred in carrying out the provisions of
title 23, United States Code, section 402, administered by the Federal
Highway Administration, to remain available until expended, $26,500,000
to be derived from the Highway Trust Fund: Provided, That not to exceed
$633,000 of the amount appropriated herein shall be available for "
Limitation on general operating expenses".
For necessary expenses of railroad-highway crossings demonstration
projects, as authorized by section 163 of the Federal-Aid Highway Act of
1973, // 23 USC 130 // as amended, and title III of the National Mass
Transportation Assistance Act of 1974, // 49 USC 1605 // to remain
available until expended, $20,000,000 of which $13,333,333 shall be
derived from the Highway Trust Fund.
For necessary expenses in carrying out the provisions of title 23,
United States Code, sections 152, 153, 215, and 402, $6,600,000, to
remain available until expended, together with $4,168,000 for payment of
obligations, incurred in carrying out the provisions of title 23, United
States Code, sections 215, 402, 405, to remain available until expended.
AUTHORIZATION)
For payment of obligations incurred in carrying out the provisions of
section 122 of Public Law 93 - 643; // 23 USC 219. // $10,000,000, to
remain available until expended.
For necessary expenses to carry out the provisions of 23 U.S.C. 219;
$35,000,000, to remain available until September 30, 1983.
(LIQUIDATION OF
CONTRACT AUTHORIZATION)
For payment of obligations incurred in carrying out the provisions of
23 U.S.C. 148, $25,800,000 to remain available until expended, of which
$19,800,000 shall be derived from the Highway Trust Fund.
CERTAIN LAKES
For necessary expenses not otherwise provided, to carry out the
provisions of 23 U.S.C. 155, $9,650,000, to remain available until
September 30, 1982.
For carrying out the provisions of title 23, United States Code,
which are attributable to Federal-aid highways, not otherwise provided,
including reimbursements for sums expended pursuant to the provisions of
23 U.S.C. 308, $6,800,000,000 or so much thereof as may be available in
and derived from the Highway Trust Fund, to remain available until
expended.
For necessary expenses in carrying out the provisions of 23 U.S.C.
156, $14,000,000, to remain available until September 30, 1982.
For necessary expenses in carrying out the provisions of section 141
of Public Law 95 - 599, // 23 USC 217 // $4,000,000, of which $2,000,000
shall be derived from the Highway Trust Fund.
For necessary expenses to carry out the provisions of section 218 of
title 23, United States Code, $2,500,000, to remain available until
expended.
For expenses necessary to discharge the functions of the Secretary
with respect to traffic and highway safety and functions under the Motor
Vehicle Information and Cost Savings Act (Public Law 92 - 513, as
amended), // 15 USC 1901 // $83,228,000, of which $25,913,000 shall be
derived from the Highway Trust Fund: Provided, That not to exceed
$36,889,000 shall remain available until expended, of which $9,139,500
shall be derived from the Highway Trust Fund.
For payment of obligations incurred in carrying out the provisions of
23 U.S.C. 402 and 406, to remain available until expended, $171,000,000
to be derived from the Highway Trust Fund, and for necessary expenses in
carrying out the provisions of 23 U.S.C. 402 and 406, $2,297,000 to
remain available until expended.
For necessary expenses of the Federal Railroad Administration, not
otherwise provided for, $7,523,000.
For necessary expenses in connection with railroad safety, not
otherwise provided for, $28,000,000, of which $9,100,000 shall remain
available until expended.
For necessary expenses for railroad research and development,
$54,750,000, to remain available until expended: Provided, That there
may be credited to this approproiation, funds received from State and
local governments, other public authorities, private sources and foreign
countries for expenses incurred for engineering, testing and
development.
For necessary expenses for rail service assistance authorized by
section 5 of the Department of Transportation Act, as amended, // 49 USC
1654. // and for necessary administrative expenses in connection with
Federal rail assistance programs not otherwise provided for,
$87,798,000, together with $9,400,000 for the Minority Business Resource
Center, as authorized by title IX of Public Law 94 - 210, // 49 USC 1654
// to remain available until expended.
For necessary expenses related to Northeast Corridor improvements
authorized by title VII of Public Law 94 - 210, as amended, // 45 USC
851. // and title I of Public Law 95 - 599, // 23 USC 101 //
$381,000,000, to remain available until expended: Provided, That,
notwithstanding any other provisions of law, the provisions of Public
Law 85 - 804, // 45 USC 851 50 USC 1431. // shall apply to the
Northeast Corridor Improvement Program: Provided further, That, the
Secretary may waive the provisions of 23 U.S.C. 322 (c) and (d) if he
determines such action would serve a public purpose.
CORPORATION
To enable the Secretary of Transportation to make grants to the
National Railroad Passenger Corporation, $873,400,000 to remain
available until expended, of which not more than $630,400,000 shall be
available for operating losses incurred by the Corporation, including
payment of additonal operating expenses of the Corporation, resulting
from the operation, maintenance, and ownership or control of the
Northeast Corridor pursuant to title VII of the Railroad Revitalization
and Regulatory Reform Act of 1976, // 45 USC 851. // not more than
$20,000,000 shall be available for the payment of capital and operating
expenses resulting from services provided pursuant to section 403(b) of
the Rail Passenger Service Act, // 45 USC 563. // as amended, not more
than $211,000,000 shall be available for capital improvements, and for
labor protection costs pursuant to 45 U.S.C. 565, of which not to exceed
$12,000,000 shall be used for capital improvements in connection with
the Indianapolis-Chicago service, and not more than $12,000,000 shall be
available only for the fiscal year 1980 purchase payments for the
Northeast Corridor: Provided, That none of the funds herein
appropriated shall be used for lease or purchase of passenger motor
vehicles or for the hire of vehicle operators for any officer or
employee, other than the President of the National Railroad Passenger
Corporation, excluding the lease of passenger motor vehicles for those
officers or emyployees while in official travel status.
The Alaska Railroad Revolving Fund shall continue available until
expended for the work authorized by law, including operation and
maintenance of oceangoing or coastwise vessels by ownership, charter, or
arrangement with other branches of the Government service, for the
purpose of providing additional facilities for transportation of
freight, passenger, or mail, when deemed necessary for the benefit and
development of industries or travel in the area served and payment of
compensation and expenses as authorized by 5 U.S.C. 8146, to be
reimbursed as therein provided: Provided, That no employee shall be
paid an annual salary out of said fund in excess of the salaries
prescribed by the Classifaication Act of 1949, // 63 Stat. 954. 44 FR
58671. // as amended, for grade GS-15, except the general manager of
said railroad, one assistant general manager at not to exceed the
salaries prescribed by said Act for GS-17, and five officers at not to
exceed the salaries prescribed by said Act for grade GS-16.
For payment to the Alaska Railroad Revolving Fund for capital
replacements, improvements, operations, and maintenance, $6,500,000, to
remain available until expended.
FUNDS
The Secretary of Transportation is hereby authorized to expend
proceeds from the sale of Fund anticipation notes to the Secretary of
the Treasury and any other monies deposited in the Railroad
Rehabilitation and Improvement Fund pursuant to sections 502, 505 - 507
and 509 of the Railroad Revitalization and Regulatory Reform Act of 1976
(Public Law 94 - 210), as amended // 45 USC 882, 825 - 827, 829. // and
section 803 of Public Law 95 - 620, for the uses authorized for the
Fund, in amounts not to exceed $100,000,000. The Secretary of
Transportation is also authorized to issue to the Secretary of the
Treasury notes or other obligations pursuant to section 512 of the
Railroad Revitalization and Regulatory Reform Act of 1976 (Public Law 94
- 210), as amended, // 45 USC 832. // in such amounts and at such time
as may be necessary to pay any amounts required pursuant to the
guarantee not to exceed $600,000,000 principal amount of obligations
under sections 511 through 513 of such Act, // 45 USC 831 - 833. //
such authority to exist as long as any such guaranteed obligation is
outstanding: Provided, That the aggregate principal amount of
guarantees and commitments to guarantee obligations under section 511 of
Public Law 94 - 210, as amended, shall not exceed $600,000,000.
For necessary administrative expenses of the urban mass
transportation program authorized by the Urban Mass Transportation Act
of 1964 as amended (49 U.S.C. 1601 et seq.); 23 U.S.C., chapter 1, //
23 USC 101 // in connection with the activities, including hire of
passenger motor vehicles and services as authorized by 5 U.S.C. 3109;
$19,260,000.
UNIVERSITY
RESEARCH AND TRAINING
For necessary expenses for research training, as authorized by the
Urban Mass Transportation Act of 1964, as amended (49 U.S.C. 1601 et
seq.), to remain available until expended; $69,300,000: Provided, That
$66,800,000 shall be available for research, development, and
demonstrations, $2,000,000 shall be available for university research
and training and not to exceed $500,000 shall be available for
managerial training as authorized under the authority of said Act.
For necessary expenses for urban discretionary grants as authorized
by by the Urban Mass Transportiation Act of 1964, as amended (49 U.S.C.
1601 et seq.) to remain available until September 30, 1983;
$1,280,000,000, of which $9,925,000 shall be derived by transfer from
the Urban Mass Transportation Fund: Provided, That none of these funds
shall be available to retrofit any existing fixed rail transit system to
comply with regulations issued pursuant to section 504 of the
Rehabilitation Act of 1973: // 29 USC 794. // Provided further, That
grants awarded for contracts for the acquisition of rolling stock,
including buses, which will result in the expenditure of Federal
financial assistance, shall only be awarded based on consideration of
performance, standardization, life-cycle costs, and other factors the
Secretary may deem relevant, in addition to the consideration of initial
capital costs. Where necessary, the Secretary shall assist grantees in
making such evaluations.
For necessary expenses for public transportation projects in areas
other than urbanized areas as defined for the purposes of the Urban Mass
Transportation Act of 1964, as amended (49 U.S.C. 1601 et seq.),
$75,000,000, to remain available until expended.
For necessary expenses for urban formula grants as authorized by the
Urban Mass Transportation Act of 1964, as amended (49 U.S.C. 1601 et
seq.), $615,000,000, to remain available until expended: Provided, That
grants awarded for contracts for the acquisition of rolling stock,
including buses, which will result in the expenditure of Federal
financial assistance, shall only be awarded based on consideration of
performance, standardization, life-cycle costs, and other factors the
Secretary may deem relevant, in addition to the consideration of initial
capital costs. Where necessary, the Secretary shall assist grantees in
making such evaluation.
For payment to the urban mass transportation fund, for liquidation of
contractual obligations incurred under authority of the Urban Mass
Transportation Act of 1964, as amended (49 U.S.C. 1601 et seq.) and 23
U.S.C. 142(c) and of obligations incurred for projects substituted for
Interstate System segments withdrawn prior to enactment of the
Federal-Aid Highway Act of 1976; $1,500,000,000, to remain available
until expended: Provided, That none of these funds shall be made
available for the establishment of depreciation reserves or reserves for
replacement accounts: Provided further, That amounts for highway
projects substituted for Interstate System segments shall be transferred
to the Federal Highway Administration.
For necessary expenses for a waterborne transportation demonstration
project as authorized by section 320 of the Surface Transportation
Assistance Act of 1978 (Public Law 95 - 599);, // 49 USC 1605 //
$10,000,000, to remain available until September 30, 1981.
For necessary expenses to carry out the provisions of 23 U.S.C. 103(
e)(4) for fiscal year 1980, $700,000,000, to remain available until
expended: Provided, That amounts for highway projects substituted for
Interstate System segments shall be transferred to the Federal Highway
Administration: Provided further, That $713,100,000 of contract
authority made available or authorized for Interstate transfer grants is
hereby rescinded.
The Saint Lawrence Seaway Development Corporation is hereby
authorized to make such expenditures, within the limits of funds and
borrowing authority available to such Corporation, and in accord with
law, and to make such contracts and commitments without regard to fiscal
year limitations as provided by section 104 of the Government Coporation
Control Act, // 31 USC 849. // as amended, as may be necessary in
carrying out the programs set forth in the budget for the current fiscal
year for the Corporation except as hereinafter provided.
Not to exceed $1,372,000 shall be available for administrative
expenses which shall be computed on an accrual basis, including not to
exceed $3,000 for official entertainment expenses to be expended upon
the approval or authority of the Secretary of Transportation: Provided,
That Corporation funds shall be available for the hire of passenger
motor vehicles and aircraft, operation and maintenance of aircraft,
uniforms or allowances therefor for operation and maintenance personnel,
as authorized by law (5 U.S.C. 5901 - 5902), and $15,000 for services as
authorized by 5 U.S.C. 3109.
For expenses necessary to discharge the functions of the Research and
Special Programs Administration, $25,846,000, of which not to exceed
$11,040,000 shall remain available until expended for expenses for
conducting research and development and not to exceed $2,820,000 shall
remain available until expended for grants-in-aid to carry out a
pipeline safety program, as authorized by section 5 of the Natural Gas
Pipeline Safety Act of 1968 (49 U.S.C. 1674).
For necessary expenses of the Office of the Inspector General,
$700,000 together with $11,493,000 to be derived by transfer from "
Salaries and Expenses", Office of the Secretary, $3,868,000, "
Operations", Federal Aviation Administration, $3,225,000, " Operations
and Research", National Highway Traffic Safety Administration, $630,000,
of which $430,000 shall be derived from the Highway Trust Fund, " Rail
Service Assistance", Federal Railroad Administration, $1,619,000, "
Administrative Expenses", Urban Mass Transportation Administration,
$2,086,000, and " Research and Special Programs", Research and Special
Programs Administration, $65,000, together with $6,960,000 derived from
funds available under 23 U.S.C. 104(a) for payment of obligations.
For necessary expenses of the National Transportation Safety Board,
including hire of passenger motor vehicles and aircraft; services as
authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed
the per diem rate equivalent to the rate for a GS-18; uniforms, or
allowances therefor, as authorized by law (5 U.S.C. 5901 - 5902),
$16,782,500, of which not to exceed $300 shall be used for official
reception and representation expenses.
SALARIES AND EXPENSES
For necessary expenses of the Civil Aeronautics Board, including hire
of aircraft; hire of passenger motor vehicles; services as authorized
by 5 U.S.C. 3109; uniforms, or allowances therefor, as authorized by
law (5 U.S.C. 5901 - 5902); and not to exceed $5,000 for official
reception and representation expenses, $28,287,000.
For payments to air carriers of so much of the compensation fixed and
determined by the Civil Aeronautics Board under section 406 and section
419 of the Federal Aviation Act of 1958, as amended, // 49 USC 1376. //
and the Airline Deregulation Act of 1978, // 92 Stat. 1372. 49 USC
1389. 49 USC 1301. // as is payable by the Board, $76,100,000, to
remain available until expended.
For necessary expenses of the Interstate Commerce Commission,
including services as authorized by 5 U.S.C. 3109, $76,699,000:
Provided, That Joint Board members and cooperating state commissioners
may use Government transportation requests when traveling in connection
with their official duties as such.
For payments for rail service to railroads directed to provide
emergency rail service over the properties of other carriers in
accordance with 49 U.S.C. 11125, // 92 Stat. 1423. // $76,000,000 to
remain available until expended: Provided, That not to exceed $900,000
of this appropriation shall be available for necessary independent
auditing expenses incurred in the administration of the directed rail
service program: Provided further, That none of the funds provided
under this Act shall be available for the execution of programs the
obligations for which can reasonably be expected to be in excess of
$80,000,000 for directed rail service under 49 U.S.C. 11125. // 92 Stat.
1423. //
For operating expenses necessary for the Panama Canal Commission,
including hire of passenger motor vehicles and aircraft; uniforms or
allowances therefor, as authorized by law (5 U.S.C. 5901 - 5902);
official reception and representation expense; operation of guide
services; residence for the administrator, contingencies of the
administrator, and to employ services as authorized by law (5 U.S.C.
3109); maintaining and altering facilities of other United States
Government agencies in the Republic of Panama and facilities of the
Government of the Republic of Panama for Panama Canal Commission use;
and for payment of liabilities of the Panama Canal Company and Canal
Zone Government that were pending on September 30, 1979, or that may
accrue thereafter, including accounts payable for capital projects,
$427,262,000. There may be credited to this appropriation, funds
received from the Panama Canal Commission's capital outlay account for
expenses incurred for supplies and services provided for capital
projects and funds received from officers and employees of the
Commission and/or commercial insurors of Commission employees for
payment to other United States Government agencies for expenditures made
for services provided to Commission employees and their dependents by
such other agencies.
For acquisition, construction, and replacement of improvements,
facilities, structures, and equipment required by the Panama Canal
Commission, including the purchase of not to exceed forty-eight
passenger motor vehicles of which twenty-eight are for replacement only;
to employ services authorized by law (5 U.S.C. 3109) for payment of
liabilities of the Panama Canal Company and Canal Zone Government that
were pending on September 30, 1979, or that may accrue thereafter; to
improve facilities of other United States Government agencies in the
Republic of Panama and facilities of the Government of the Republic of
Panama for Panama Canal Commission use, $36,625,000, to remain available
until expended.
For the acquisition, in accordance with section 509 of the Railroad
Revitalization and Regulatory Reform Act of 1976, as amended, // 92
Stat. 3066 // and section 803 of Public Law 95 - 620, // 45 USC 829. 92
Stat. 3347. // of fund anticipation notes, $100,000,000.
For necessary administrative expenses to enable the United States
Railway Association to carry out its functions under the Regional Rail
Reorganization Act of 1973, as amended, // 45 USC 701 // $23,900,000, of
which not to exceed $4,000 shall be available for official reception and
representation expenses.
For acquisition of series A preferred stock issued by the
Condolidated Rail Corporation, to remain available until expended,
$550,000,000: Provided, That, none of these funds may be made available
to Conrail or any of its subsidiaries for losses resulting, entirely or
in part, from any employee protection payments identical or similar to
those previously authorized by title V of the Regional Rail
Reorganization Act of 1973 // 45 USC 771 // to be paid by Conrail to
current Conrail employees: Provided further, That this limitiation
shall not apply to those payments to employees who have been deprived of
employement or whose employment has been materially diminished:
Provided further, That the effective date of this provision is March 1,
1980.
For an additional amount for " Interest payments", to remain
available until expended; $65,774,000: Provided, That these funds may
be disbursed pursuant to terms and conditions that the Secretary of
Transportation may establish.
For necessary administrative expenses of the National Alcohol Fuels
Commission, $1,500,000, to remain available until expended.
For necessary expenses to enable the National Transportation Policy
Study Commission to carry out its functions under section 154 of the
Federal-Aid Highway Act of 1976, // 23 USC 101 // $66,157, to remain
available until expended.
SEC. 301. During the current fiscal year applicable appropriations
to the Department of Transportation shall be available for maintenance
and operation of aircraft; hire of passenger motor vehicles and
aircraft; purchase of liability insurance for motor vehicles operating
in foreign countries on official departmental business; and uniforms,
or allowances therefor, as authorized by law (5 U.S.C. 5901 - 5902).
SEC. 302. None of the funds provided in this Act shall be available
for the planning or execution of programs the commitments for which are
in excess of $640,000,000 in fiscal year 1980 for " Grants-in-aid for
airports" under 49 U.S.C. 1714 (a) and (b), of which $30,000,000 shall
be added to the discretionary fund available for distribution pursuant
to 49 U.S.C. 1715(a)(3)(B) and (a)(4)(C).
SEC. 303. None of the funds provided under this Act shall be
available for the planning or execution of programs, the obligations for
which are in excess of $28,000,000 in fiscal year 1980 for "
Highway-related safety grants".
SEC. 304. None of the funds provided under this Act shall be
available for the planning or execution of programs the total
obligations for which are in excess of $175,000,000 in fiscal year 1980
for " State and Community Highway Safety".
SEC. 305. Funds appropriated for the Panama Canal Commission may be
apportioned notwithstanding section 3679 of the Revised Statutes, as
amended (31 U.S.C. 665), to the extent necessary to permit payment of
such pay increases for officers or employees as may be authorized by
administrative action pursuant to law which are not in excess of
statutory increases granted for the same period in corresponding rates
of compensation for other employees of the Government in comparable
positions.
SEC. 306. None of the funds provided under this Act shall be
available for the planning or execution of programs for any further
construction of the Miami jetport or of any other air facility in the
State of Florida lying south of the Okeechobee Waterway and in the
drainage basins contributing water to the Everglades National Park until
it has been shown by an appropriate study made jointly by the Department
of the Interior and the Department of Transportation that such an
airport will not have an adverse environmental effect on the ecology of
the Everglades and until any site selected on the basis of such study is
approved by the Department of the Interior and the Department of
Transportation: Provided, That nothing in this section shall affect the
availability of such funds to carry out this study.
SEC. 307. Funds appropriated under this Act // 20 USC 241 // for
expenditure by the Federal Aviation Administration shall be available
(1) except as otherwise authorized by the Act of September 30, 1950 (20
U.S.C. 236 - 244), // 20 USC 241 // for expenses of primary and
secondary schooling for dependents of Federal Aviation Administration
personnel stationed outside the continental United States at costs for
any given area not in excess of those of the Department of Defense for
the same area, when it is determined by the Secretary that the schools,
if any, available in the locality are unable to provide adequately for
the education of such dependents and (2) for transportation of said
dependents between schools serving the area which they attend and their
places of residence when the Secretary, under such regulations as he may
prescribe, determines that such schools are not accessible by public
means of transportation on a regular basis.
SEC. 308. Appropriations contained in this Act for the Department of
Transportation shall be available for services as authorized by 5 U.
S.C. 3109, but at rates for individuals not to exceed the per diem rate
equivalent to the rate for a GS-18. // 44 FR 58671. //
SEC. 309. None of the funds provided in this Act for liquidation of
contractual obligations under the Urban Mass Transportation Act of 1964,
as amended, // 49 USC 1601 // shall be made available for liquidation of
obligations entered into under section 5 of that Act // 49 USC 1604. //
to support mass transit facilities, equipment, or operating expenses
unless the applicant for such assistance has given satisfactory
assurances in such manner and forms as the Secretary may require, and in
accordance with such terms and conditions as the Secretary may
prescribe, that the rates charged edlerly and handicapped persons during
nonpeak hours shall not exceed one-half of the rates generally
applicable to other persons at peak hours: Provided, That the
Secretary, in prescribing the terms and conditions for the provision of
such assistance shall (1) permit applicants to continue the use of
preferential fare systems for elderly or handicapped persons where those
systems were in effect on or prior to November 26, 1974, (2) allow
applicants a reasonable time to expand the coverage of operating
preferential fare systems as appropriate, and (3) allow applicants to
define the eligibility of "handicapped persons" for the purposes of
preferential fares in conformity with other Federal laws and regulations
governing eligibility for benefits for disabled persons.
SEC. 310. 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. 311. None of the funds provided under or included in this Act
shall be available for the planning or execution of programs, the
obligations for which are in excess of $8,750,000,000 for " Federal-Aid
Highways" in fiscal year 1980: Provided, That this limitation shall not
apply to obligations for emergency relief authorized by 23 U.S.C. 125:
Provided further, for replacement of the West Seattle bridge in the
State of Washington, $50,000,000 to be made available from obligations
authorized by 23 U.S.C. 125 on August 4, 1978: Provided further, That
this limitation shall not become effctive if subsequent legislation
containing an obligation limitation on " Federal-Aid Highways" for
fiscal year 1980 is enacted into law by September 30, 1979: Provided
further, That notwithstanding any other provisions of law, the Secretary
of Transportation shall, not later than sixty days after date of
enactment of this Act, designate as a route on the National System of
Interstate and Defense Highways six miles extending I-164 southward to
South Lane Drive to tie into U.S. 41 South: Provided further, For not
more than 90 per centum of the necessary expenses of the functional
replacement of publicly-owned facilities located within the proposed
right-of-way of Interstate Route 170 in Baltimore, Maryland, $2,000,000
out of the Highway Trust Fund, to remain available until expended:
Provided, That the Secretary of Transportation is authorized and
directed to proceed with the obligations of the necessary funds for such
publicly-owned facilities without regard to the provisions of the
National Environmental Policy Act of 1969, as amended: // 42 USC 4321
// Provided further, That actual construction of a highway on the
right-of-way with respect to which said funds are expended shall be
commenced within a period not exceeding ten years following the date of
enactment of this Act or said funds shall be repaid to the Highway Trust
Fund with interest.
SEC. 312. Obligations for the Great River Road shall include
preliminary engineering and the planning or execution of projects for
the acquisition of areas of archeological, scientific, or historical
importance and of necessary easements for scenic purposes, the
construction or reconstruction of roadside rest areas, bicycle trails,
and scenic viewing areas, the reconstruction and rehabilitation of
existing road segments, and the construction of new route segments. No
such funds, however, shall be used for constructing new segments until
60 per centum of the Great River Road in each State is completed:
Provided, That such completion may be waived if the Administrator
determines that circumstances in such State prevent such completion:
Provided further, None of the funds provided under this Act shall be
available for the planning or execution of programs for the Great River
Road, the obligations for which are in excess of $39,500,000 in fiscal
year 1980.
SEC. 313. Appropriations under the heading " Facilities and
Equipment (Airport and Airway Trust Fund)" in the Department of
Transportation and Related Agencies Appropriations Acts, and
supplemental appropriations Acts, 1978 and 1979, // 91 Stat. 402. 92
Stat. 435. // shall be available through fiscal years 1982 and 1983
respectively.
SEC. 314. None of the funds in this Act shall be available for the
administrative expenses of making a new loan guarantee during fiscalyear
1980 for any aircraft purchase loan, pursuant to the Act of September 7,
1957 (71 Stat 629), as amended, // 49 USC 1324 // which causes the
aggregate of all such guarantees made during fiscal year 1980 to exceed
$650,000,000 in principal amount: Provided that the funds in this Act
shall be available for the guarantee of loans for the refinancing of
aircraft purchased after January 20, 1979, if an application for an
aircraft purchase loan guarantee covering such aircraft was filed prior
to that date but after October 24, 1978, and if such application meets
the requirements of section 42(d) of the Airline Deregulation Act of
1978. // 92 Stat. 1749. //
SEC. 315. None of the funds provided under this Act // 49 USC 1324
// shall be available for constructing an extension of the Dulles
airport access highway prior to an agreement with the Commonwealth of
Virginia under which that Commonwealth assumes responsibility for
maintenance and operation of such extension.
SEC. 316. None of the funds provided in this Act shall be available
for the implementation or execution of programs the obligations for
which are in excess of $60,000,000 in fiscal year 1980 for the "
Offshore Oil Pollution Compensation Fund."
SEC. 317. (a) None of the funds provided in this Act may used to
implement or enforce any standard or regulation which requires any motor
vehicle to be equipped with an occupant restraint system (other than a
belt system).
(b) Nothing in this section shall be construed to prohibit the use of
funds provided in this Act for any research and development activity
relating to occupant restraint systems.
SEC. 318. None of the funds appropriated in this Act for the Panama
Canal Commission may be expended unless in conformance with the Panama
Canal Treaties of 1977 and any law implementing those treaties.
SEC. 319. None of the funds provided in this Act may be used for
planning or construction of rail-highway crossing under section 322(a)
of title 23, United States Code, or under sections 701(a)(5) or section
703(1)(A) of the Railroad Revitalization and Regulatory Reform Act of
1976 // 45 USC 851, 853. // at the--,
(1) School Street crossing in Groton, Connecticut; and
(2) Broadway Extension crossing in Stonington, Connecticut.
This Act may be cited as the " Department of Transportation and
Related Agencies Appropriation Act, 1980."
Approved November 30, 1979.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No 96 - 272 (Comm. on Appropriations) and No. 96 -
610 (Comm. of Conference).
SENATE REPORT No. 96 - 377 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 125 (1979):
July 23, Sept. 18, considered and passed House.
Nov. 1, considered and passed Senate, amended.
Nov. 15, House agreed to conference report; receded from its
disagreement and concurred in certain Senate amendments and in
others with amendments.
Nov. 19, Senate agreed to conference report and concurred in
House amendments.
PUBLIC LAW 96-130, 93 STAT, 1017
Department of Defense for
the fiscal year ending September 30, 1980, and for
other purposes.
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 fiscal year ending September 30, 1980, for military construction functions administered by the Department of Defense, and for other purposes, namely:
For acquisition, construction, installation, and equipment of temporary or permanent public works, military installations, and facilities for the Army as currently authorized in military public works or military construction Acts, and in sections 2673, 2674, and 2675 of title 10, United States Code, $725,649,000, of which $500,000 may be paid for use after 1960 by the Government of the United States of land on Roi-Namur Island, Marshall Islands District of the Trust Territories of the Pacific Islands, as authorized by the Military Construction Authorization Act, 1980, to remain available until September 30, 1984: Provided, That of this amount, not to exceed $50,700,000 shall be available for study, planning, design, architect and engineer services, as authorized by law, unless the Secretary of Defense determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of his determination and the reasons therefor.
For acquisition, construction, installation, and equipment of temporary or permanent public works, naval installations, and facilities for the Navy as currently authorized in military public works or military construction Acts, and in sections 2673, 2674, and 2675 of title 10, United States Code,including personnel in the Naval Facilities Engineering Command and other personal services necessary for the purposes of this appropriation, $567,000,000, to remain available until September 30, 1984: Provided, That of this amount, not to exceed $56,049,000 shall be available for study, planning, design, architect and engineer services, as authorized by law, unless the Secretary of Defense determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of his determination and the reasons therefor.
For acquisition, construction, installation, and equipment of temporary or permanent public works, military installations, and facilities for the Air Force as currently authorized in military public works or military construction Acts, and in sections 2673, 2674, and 2675 of title 10, United States Code, $565,456,000, to remain available until September 30, 1984: Provided, That of this amount, not to exceed $44,000,000 shall be available for study, planning, design, architect and engineer services, as authorized by law, unless the Secretary of Defense determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of his determination and the reasons therefor.
For acquisition, construction, installation, and equipment of temporary or permanent public works, installations, and facilities for activities and agencies of the Department of Defense (other than the military departments), as currently authorized in military public works or military construction Acts, and in section 2673, 2674, and 2675 of title 10, United States Code, $192,350,000, and, in addition, not to exceed $20,000,000 to be derived by transfer from the appropriation " Research, development, test, and evaluation, Defense Agencies" as determined by the Secretary of Defense: Provided, That such amounts of this appropriation as may be determined by the Secretary of Defense may be transferred to such appropriations of the Department of Defense available for military construction as he may designate: Provided further, That $39,200,000 shall be transferred to " Military Construction, Air Force, 1979/1983": Provided further, That of the amount appropriated, not to exceed $12,000,000 shall be available for study, planning, design, architect and engineer services, as authorized by law, unless the Secretary of Defense determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of his determination and the reasons therfor.
For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Army National Guard as authorized by chapter 133 of title 10, United States Code, // 10 USC 2231 // as amended, and the Reserve Forces Facilities Acts, $23,700,000, to remain available until September 30, 1984.
For construction, acquisition, expansion, rehabilitation, and conversion of facilities for training and administration of the Air National Guard, and contributions therefor, as authorized by chapter 133 of title 10, United States Code, as amended, and the Reserve Forces Facilities Acts, $36,000,000, to remain available until September 30, 1984.
For construction, acquisition, expansion, rehabilitation, and conversion of facilities for training and administration of the Army Reserve as authorized by chapter 133 of title 10, United States Code, as amended, and the Reserve Forces Facilities Acts, $30,000,000, to remain available until September 30, 1984.
For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the reserve components of the Navy and Marine Corps as authorized by chapter 133 of title 10, United States Code, // 10 USC 2231 // as amended, and the Reserve Forces Facilities Acts, $18,300,000, to remain available until September 30, 1984.
For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Air Force Reserve as authorized by chapter 133 of title 10, United States Code, as amended, and the Reserve Forces Facilities Acts, $12,000,000, to remain available until September 30, 1984.
For expenses of family housing for the Army, Navy, Marine Corps, Air Force, and Defense agencies, for construction, including acquisition, replacement, addition, expansion, extension and alteration and for operation, maintenance, and debt payment, including leasing, minor construction, principal and interest charges, and insurance premiums as authorized by law, $1,622,122,000, to be obligated and expended in the Family Housing Management Account established pursuant to section 501( a) of Public Law 87 - 554, // 42 USC 1594a-1. // in not to exceed the following amounts:
For the Army:
Construction, $500,000;
For the Air Force:
Construction, $500,000;
For Department of Defense:
Debt payment, $152,535,000;
Operation, maintenance, $1,468,587,000:
Provided, That the amounts provided under this head for construction, and for debt payment, shall remain available until September 30, 1984: Provided further, That of the amounts appropriated for operation and maintenance, not less than $645,000,000 shall be available only for the maintenance of real property facilities.
For transfer by the Secretary of Defense to appropriations and funds available during fiscal year 1980, or thereafter, for military construction or expenses of family housing for the military departments and Defense agencies, as he determines necessary to provide funds for those appropriations or funds to eliminate losses caused by fluctuations in foreign currency exchange rates that vary from budget submissions, $100,000,000, and in addition, $25,000,000 which shall be derived from Family Housing, Defense, to remain available until expended: Provided, That funds transferred from this appropriation shall be merged with and be available for the same purpose, and for the same time period, as the appropriation or fund to which transferred: Provided further, That authorizations or limitations now or hereafter contained within appropriations or other provisions of law limiting the amounts that may be obligated or expended are hereby increased to the extent necessary to reflect fluctuations in foreign currency exchange rates from those used in preparing the applicable budget submission: Provided further, That the Secretary of Defense shall provide an annual report to the Congress on all transfers made from this appropriation: Provided further, That contracts or other obligations entered into payable in foreign currencies may be recorded as obligations based on the currency exchange rates used in preparing budget submissions and adjustments to reflect fluctuations in such rates may be recorded as disbursements are made.
For use in the Homeowners Assistance Fund established pursuant to section 1013(d) of the Demonstration Cities and Metropolitan Development Act of 1966 (Public Law 89 -754, // 42 USC 3374. // as amended), $1,000,000.
Sec. 101. Funds appropriated to the department of Defense for construction in prior years are hereby made available for construction authorized for each such department by the authorizations enacted into law during the first session of the Ninety-sixth Congress.
Sec. 102. None of the funds appropriated in this Act shall be expended for payments under a cost-plus-a-fixed-fee contract for work, where cost estimates exceed $25,000, to be performed within the United States, except Alaska, without the specific approval in writing of the Secretary of Defense setting forth the reasons therefor.
Sec. 103. None of the funds appropriated in this Act shall be expended for additional costs involved in expediting construction unless the Secretary of Defense certifies such costs to be necessary to protect the national interest and establishes a reasonable completion date for each project, taking into consideration the urgency of the requirement, the type and location of the project, the climatic and seasonal conditions affecting the construction, and the application of economical construction practices.
Sec. 104. None of the funds appropriated in this Act shall be used for the construction, replacement, or reactivation of any bakery, laundry, or drycleaning facility in the United States, its territories, or possessions, as to which the Secretary of Defense does not certify, in writing, giving his reasons therefor, that the services to be furnished by such facilities are not obtainable from commercial sources at reasonable rates
Sec. 105. // 31 USC 638f. //
Funds herein appropriated to the Department of Defense for construction shall be available for hire of passenger motor vehicles.
Sec. 106. // 31 USC 700b. // Funds appropriated to the Department of Defense for construction may be used for advances to the Federal Highway Administration, Department of Transportation, for the construction of access roads as authorized by section 210 of title 23, United States Code, when projects authorized therein are certified as important to the national defense by the Secretary of Defense.
Sec. 107. None of the funds appropriated in this Act may be used to begin construction of new bases inside the continental United States for which specific appropriations have not been made.
Sec. 108. No part of the funds provided in this Act shall be used for purchase of land or land easements in excess of 100 per centum of the value as determined by the Corps of Engineers or the Naval Facilities Engineering Command, except: (a) where there is a determination of value by a Federal court, or (b) purchases negotiated by the Attorney General or his designee, or (c) where the estimated value is less than $25,000, or (d) as otherwise determined by the Secretary of Defense to be in the public interest.
Sec. 109. None of the funds appropriated in this Act may be used to make payments under contacts for any project in a foreign country unless the Secretary of Defense or his designee, after consultation with the Secretary of the Treasury or his designee, certifies to the Congress that the use, by purchase from the Treasury, of currencies of such country acquired pursuant to law is not feasible for the purpose, stating the reason therefor.
Sec. 110. None of the funds appropriated in this Act shall be used to (1) acquire land, (2) provide for site preparation, or (3) install utilities for any family housing, except housing for which funds have been made available in annual military construction appropriation Acts.
Sec. 111. Appropriations made available for " Family Housing, Defense" for construction and debt payment prior to September 17, 1978, shall not be available for obligation after September 30, 1983, and such funds shall be accounted for without distinction with funds appropriated for the same purposes in the Military Construction Appropriation Act, 1979.
Sec. 112. None of the funds appropriated in this Act for minor construction may be used to transfer or relocate any activity from one base or installation to another, without prior notification to the Committee on Appropriations.
Sec. 113. None of the funds appropriated or otherwise made available under this Act shall be obligated or expended in connection with any base realignment or closure activity, until all terms, conditions and requirements of the National Environmental Policy Act have been complied with, with respect to each such activity.
Sec. 114. No part of the funds appropriated in this Act may be used for the procurement of steel for any construction project or activity for which American steel producers, fabricators, and manufacturers have been denied the opportunity to compete for such steel procurement.
Sec. 115.(a) Funds appropriated under this Act for the Air Force shall be available in an amount not to exceed $1,000,000 to assist States and local governments in potential MX basing areas in meeting the costs of establishing planning organizations to conduct studies on and develop plans with respect to possible community impacts of the MX program, including studies and plans with respect to environmental and socioeconomic impacts, State and community land use planning, and public facility requirements.
(b) The Secretary of Defense shall carry out the provisions of this section through existing Federal programs. The Secretary is authorized to supplement funds made available under such Federal programs to the extent necessary to carry out the provisions of this section. The heads of all departments and agencies shall cooperate fully with the Secretary of Defense in carrying out the provision of this section on a priority basis.
Sec. 116. None of the funds appropriated under this Act to continue development of the MX Missle may be used in a fashion which would commit the United States to only one basing mode for the MX missile system.
This Act may be cited as the " Military Construction Appropriation Act, 1980".
Approved November 30, 1979.
LEGISLATIVE HISTORY: HOUSE REPORTS: No. 96 - 246 (Comm. on
Appropriations) and No. 96 - 626 (Comm. of Conference).
SENATE REPORT No. 96 - 407 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 125 (1979):
June 18, considered and passed House.
Nov. 13, considered and passed Senate, amended.
Nov. 16, House agreed to conference report; receded from its
disagreement and concurred in certain Senate amendments and in
others with amendements.
Nov. 19, Senate agreed to conference report and concurred in
House amendments.
PUBLIC LAW 96-129, 93 STAT, 989, PIPELINE SAFETY ACT OF 1979,
to provide for the safe
operation of pipelines transporting natural gas and
liquefied petroleum gas, to
provide standards with respect to the siting,
construction, and operation of liquefied
natural gas facilities, 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. (a) This Act // 49 USC 1671 // may be cited as the "
Pipeline Safety Act of 1979".
(b) The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. References to Natural Gas Pipeline Safety Act of 1968.
Sec. 101. Pipeline participation in certain utility safety programs.
Sec. 102. Technical Pipeline Standards Committee.
Sec. 103. Reporting and monitoring requirements under State safety
programs.
Sec. 104. Enforcement powers.
Sec. 105. Simplification of filing requirements.
Sec. 106. Administration.
Sec. 107. Annual report regarding State pipeline safety inspectors.
a
Sec. 110. Cost-benefit analysis of increased pipeline safety
regulation.
Sec. 111. Report on implementation efforts regarding distribution of
gas in connection with the rental of lease of real property.
Sec. 112. Effective date.
Sec. 151. Definitions.
Sec. 152. Siting and safety standards.
Sec. 153. Financial responsibility.
Sec. 154. Enforcement of standards and financial responsibility
requirements.
Sec. 155. Intervention by the Secretary in safety proceedings.
Sec. 156. Effective date.
Sec. 201. Short title.
Sec. 202. Definitions.
Sec. 203. Regulations governing hazardous liquid pipeline
facilities.
Sec. 204. Technical Hazardous-Liquid Pipeline Safety Standards
Committee.
Sec. 205. State certifications and agreements.
Sec. 206. Judicial review.
Sec. 207. Compliance.
Sec. 208. Penalties.
Sec. 209. Specific relief.
Sec. 210. Inspection and maintenance.
Sec. 211. Powers and duties of the Secretary.
Sec. 212. Pipeline safety coordination and cooperation.
Sec. 213. Annual report.
Sec. 214. Appropriations authorized.
Sec. 215. Citizens civil action.
Sec. 216. Conforming amendments.
Sec. 217. Effective date.
Sec. 218. Savings provisions.
OF 1968
Sec. 2. Except as otherwise expressly provided, whenever in this Act
any reference, amendment, or repeal is expressed in terms of a reference
or amendment to, or repeal of, a section or other provision, it shall be
considered to be made to a section or other provision of the Natural Gas
Pipeline Safety Act of 1968 (49 U.S.C. 1671 and following).
PROGRAMS
Sec. 101. (a) Section 3(b) // 49 USC 1672. // is amended by
inserting "(1)" after "(b)", by redesignating paragraphs (1) through (4)
as subparagraphs (A) through (D), and by adding at the end thereof the
following new paragraph:
"(2) Not later than 12 months after the date of the enactment of the
Pipeline Safety Act of 1979, the Secretary shall provide that the
Federal minimum safety standards established under this section include
a requirement that any operator of pipeline facilities--,
"(A) participate in any public safety program--,
operators
of proposed demolition, excavation, ktunneling, or
construction
near or affecting such facility;
proposed
demolition, excavation, tunneling, or construction, for
the
purpose of preventing damage to such facilities; and
out
in a manner adequate to assure protection against the
hazards to that operator's pipeline facilities created
by such
demolition, excavation, tunneling, or construction; or
"(B) to the extent that such a program is not available, take
such steps as the Secretary shall prescribe to provide services to
the public with respect to that operator's pipeline facilities
which are comparable to those which would be available to the
public under such a program.".
(B) Section 5(a)(4) // 49 USC 1674. // is amended by striking out
"excavation" and inserting in lieu thereof "demolition, excavation,
tunneling, or construction".
(c) Requirements under the amendments made by subsection (a) // 49
USC 1672 // shall not apply with respect to annual certifications under
section 5 during the 2-year period which begins on the effective date of
such requirements.
Sec. 102. (a) Section 4(a) // 49 USC 1673. // is amended by
striking out "and experience" and inserting in lieu thereof ",
experience, o knowledge".
(b) Section 4(b) is amended--,
(1) by striking out the first sentence and inserting in lieu
thereof the following: " The Secretary shall submit to the
Committee any proposed standard under this Act, or any proposed
amendment to a standard under this Act, for its consideration.
Within 90 days after receipt by the Committee of any proposed
standard or amendment, the Committe shall prepare a report on the
technical feasibility, reasonableness, and practicability of such
standard or amendment. The Secretary may prescribe a final
standard or final amendment to a standard at any time after the
90th day after its submission to the Committee whether or not the
Committee has reported on such standard or amendment.";
(2) by inserting after "published by the Secretary and" the
following ", if timely made,"; and
(3) by inserting before the last sentence thereof the following
new sentence: " The Committee shall meet with the Secretary (or
his designee) not less frequently than once every 6 months.".
(c) Section 4(c) is amended by striking out "not to exceed $100 per
diem" and inserting in lieu thereof "not to exceed the daily equivalent
of the maximum annual rate of basic pay then currently payable under the
General Schedule under section 5332 of title 5, United States Code, //
44 FR 58671. // for each day".
SAFETY
PROGRAMS
Sec. 103. (a) Section 5(a)(ii) // 49 USC 1674. // is amended to
read as follows: "(ii) all accidents or incidents reported during the
preceding 12 months by each such person involving personal injury
requiring hospitalization, fatality, property damage exceeding $5,000
(whether or not sustained by a person subject to the safety jurisdiction
of the State agency) and any other accident which the State agency
considers significant, together with a summary of the State agency's
investigation as to the cause and circumstances surrounding such
accident or incident;".
(b)(1) Section 5(b) is amended by inserting "and" at the end of
paragaraph (1), by striking out the semicolon at the end of paragraph
(2) and inserting a period in lieu thereof, and by striking out
paragraphs (3) and (4).
(2) Section 5 is further amended--,
(A) by striking out subsection (f);
(B) by redesignating subsections (c), (d), and (e) as (d), (e),
and (f), respectively; and
(C) by inserting after subsection (b) the following new
subsection:
"(c) The Secretary may conduct whatever monitoring may be necessary
of any State program established by certification or agreement under
this section to assure that such programs are being carried out in
compliance with such certification or agreement. State agencies shall
cooperate fully in any monitoring of their programs under this
subsection.".
(3) Section 5(a) is amended by striking out " Except for the fourth
sentence of section 3(b), section 12(b), and except as otherwise
provided in this section, the provisions of this Act" and inserting in
lieu thereof " Except for section 19, // 49 USC 1686. // and except as
otherwise provided in this section, the authority of the Secretary under
this Act to prescribe safety standards and enforce compliance with such
standards".
Sec. 104. (a)(1) Section 8 // 49 USC 1677. // is amended by
redesignating subsection (b) as subsection (c) and inserting after
subsection (a) the following new subsection:
"(b)(1) The Secretary may issue orders directing compliance with this
Act or any regulation issued under this Act. Any such order shall
clearly set forth the particular actions required of the person to whom
the order is issued.
"(2) The district courts of the United States shall have
jurisdiction, upon petition by the Attorney General, to enforce any such
order by appropriate means.".
(2) Section 3(d) // 49 USC 1672. // is amended by inserting
"directing or" before "waiving compliance with".
(b) The Act // 49 USC 1678,1679,1680 - 1686. // is amended by
striking out sections 9 and 10, redesignating sections 11 through 17 as
sections 13 through 19, respectively, and inserting before section 13
(as redesignated) the following new sections:
" Sec. 11. (a)(1) // 49 USC 1679. // Any person who is determined
by the Secretary to have violated any provisions of section 10(a) or any
regulation or order issued under this Act, including any order issued
under sections 10(b) and 12(b), shall be liable to the United States for
a civil penalty of not more than $1,000 for each violation for each day
that violation persists, except that the maximum civil penalty shall not
exceed $200,000 for any related series of violations.
"(2) The amount of the penalty shall be assessed by the Secretary by
written notice. In determining the amount of the penalty, the Secretary
shall consider the nature, circumstances, and gravity of the violation
and, with respect to the person found to have committed the violation,
the degree of culpability, and history of prior violations, the effect
on ability to continue to do business, any good faith in attempting to
achieve compliance, ability to pay the penalty, and such other matters
as justice may require.
"(b) A civil penalty assessed under subsection (a) may be recovered
in an action brought by the Attorney General on behalf of the United
States in the appropriate district court of the United States or, prior
to referral to the Attorney General, it may be compromised by the
Secretary. The amount of the penalty, when finally determined (or
agreed upon in compromise), may be deducted from any sums owed by the
United States to the person charged. All penalties collected under this
subsection shall be deposited in the Treasury of the United States as
miscellaneous receipts.
"(c)(1) Any person who willfully and knowingly violates section 10(
a) or a regulation or order issued under this Act, including any order
issued under sections 10(b) and 12(b), shall, upon conviction, be
subject, for each offense, to a fine of not more than $25,000,
imprisonment for a term not to exceed 5 years, or both.
"(2) Any person who willfully and knowingly injures or destroys, or
attempts to injure or destroy, any interstate transmission facility
shall, upon conviction, be subject, for each offense, to a fine of not
more than $25,000, imprisonment for a term not to exceed 15 years, or
both.
"(d) Nothing in this Act shall be construed to authorize the
imposition of penalties for the violation of any regulation and the
violation of any order under section 10(b) or 12(b) if both violations
are based on the same act.
" Sec. 12. (a)(1) // 49 USC 1679b. // The Attorney General, at the
request of the Secretary, may bring an action in an appropriate district
court of the United States for equitable relief to redress or restrain a
violation by any person of a provision of this Act or a regulation
issued under this Act. Such district courts shall have jurisdiction to
determine such actions and may grant such relief as is necessary or
appropriate, including mandatory or prohibitive injunctive relief,
interim rquitable relief, and punitive damages.
"(2) In any proceeding for criminal contempt for violation of a
mandatory or prohibitive injunction issued under this subsection, which
violation also constitutes a violation of this Act, trial shall be by
the court or, upon demand of the accused, by a jury. Such trial shall
be conducted in accordance with the practice and procedure applicable in
the case of proceedings subject to the provisions of rule 42(b) of the
Federal Rules of Criminal Procedure. // 28 USC app. //
"(b)(1) If the Secretary finds, after reasonable notice and an
opportunity for hearing, that any pipeline facility is hazardous to life
or property, he shall, by order, require the person operating the
facility to take necessary corrective action. Such corrective action
may include suspended or restricted use of the facility, physical
inspection, testing, repair, replacement, or other action, as
appropriate.
"(2) The Secretary may find a pipeline facility to be hazardous under
paragraph (1)--,
"(A) if under the facts and circumstances he determines the
particular facility is hazardous to life or property, or
"(B) if the pipeline facility or a component thereof has been
constructed or operated with any equipment, material, or technique
which he determines is hazardous to life or property, unless the
operator involved demonstrates to the satisfaction of the
Secretary that under the particular facts and circumstances
involved such equipment, material, or technique is not hazardous
to life or property.
"(3) In making a determination under paragraph (2), the Secretary
shall consider, if relevant--,
"(A) the characteristics of the pipe and other equipment used
in the pipeline facility involved, including its age,
manufacturer, physical properties (including its resistance to
corrosion and deterioration), and the method of its manufacture,
construction, or assembly;
"(B) the nature of the materials transported by such facility
(including their corrosive and deteriorative qualities), the
sequence in which such materials are transported, and the pressure
required for such transportation;
"(C) the aspects of the areas in which the pipeline facility is
located, in particular the climatic and geologic conditions
(including soil characteristics) associated with such areas, and
the population density and population and growth patterns of such
areas;
"(D) any recommendation of the National Transportation Safety
Board issued in connection with any investigation conducted by the
Board under other provisions of law; and
"(E) such other factors as the Secretary may consider
appropriate.
"(4) The district courts of the United States shall have
jurisdiction, upon petition by the Attorney General, to enforce orders
issued under this subsection by appropriate means.
"(5) The Secretary may waive the requirements for notice and hearing
under this subsection and provide for expeditous issuance of an order
under this subsection in any case in which he determines that the
failure to do so would result in the likelihood of serious harm to life
or property. However, the Secretary shall include in such an order an
opportunity for hearing as soon as practicable after issuance of an
order.".
(c) Section 3(d) // 49 USC 1672. // is amended by striking out "all
orders" and inserting in lieu thereof "all actions".
(d) Section 3(e) is amended by inserting ", by order" after "the
Secretary may".
(e) Section 6 // 49 USC 1675. // is amended--,
(1) by striking out the section heading and inserting in lieu
thereof " JUDICIAL REVIEW";
(2) in subsection (a), by striking out "any order issued under
this Act" and inserting in lieu thereof, "any regulation issued
under this Act or any order with respect to an application for a
waiver under section 3(d)" and by striking out "such order is
issued" and inserting in lieu thereof "such regulation or order is
issued"; and
(3) in subsections (b) and (c), by striking out "order" and
inserting in lieu therof "regulation or order".
Sec. 105. (a)(1) The first sentence of section 13, // 49 USC 1680.
// as amended and redesignated, is amended by striking out "shall file
with the Secretary or, if a certification or an agreement pursuant to
section 5 of this Act is in effect, with the appropriate State agency, a
plan for inspection and maintenance" and inserting in lieu thereof
"shall prepare, maintain at such office or offices of that person as the
Secretary determines appropriate, and carry out a written current plan
for inspection and maintenance".
(2) Section 13, as so amended and redesignated, is further amended by
inserting after the fourth sentence the following new sentence: " Such
plans shall be made available to the Secretary or the appropriate State
agency upon request pursuant to section 14.".
(b) Section 8(a)(2) // 49 USC 1677. // is amended by striking out
"file and comply with a plan of inspection and maintenance required by
section 13" and inserting in lieu thereof "prepare and maintain a plan
of inspection and maintenance required by section 13 and comply with
such plan".
Sec. 106. Section 14 (relating to records, reports, and inspection
for compliance), as redesignated, is amended to read as follows:
" Sec. 14. (a) // 49 USC 1681. // The Secretary may, to the extent
necessary to carry out his responsibilities under this Act, conduct
investigations, make reports, issue subpenas, conduct hearings, require
the production of relevant documents and records, take depositions, and
conduct, directly or, by contract, or otherwise, research, testing,
development, demonstration, and training activities; however, before
the Secretary may exercise authority under this section to require
testing of portions of pipeline facilities subject to the provisions of
this Act which have been involved in or affected by an accident, he
shall make every effort to negotiate a mutually acceptable plan with the
owner of such facilities and, where appropriate, the National
Transportation Safety Board for performing such testing.
"(b) Each person who engages in the transportation of gas or who owns
or operates pipeline facilities shall establish and maintain such
records, make such reports, and provide such information as the
Secretary may reasonably require, and shall submit such reports and
shall make such records and information available as the Secretary may
request, to enable him to determine whether such person has acted or is
acting in compliance with this Act and the standards or orders issued
under this Act.
"(c) Officers, employees, or agents authorized by the Secretary, upon
presenting appropriate credentials to the person in charge, are
authorized to enter upon, inspect, and examine, at reasonable times and
in a reasonable manner, the records and properties of persons to the
extent such records and properties are relevant to determining whether
such persons have acted or are acting in compliance with this Act and
the standards or orders issued under this Act.
"(d) Accident reports made by any officer, employee, or agent of the
Department of Transportation shall be available for use in any civil,
criminal, or other judicial proceeding arising out of such accident.
Any such officer, employee, or agent may be required to testify in such
proceedings as to the facts developed in such investigations. Any such
report shall be made available to the public in a manner which need not
identify individuals. All reports on research projects, demonstration
projects, and other related activities shall be public information.
"(e) All information reported to or otherwise obtained by the
Secretary or his representative pursuant to subsection (a), (b), or (c)
which information contains or relates to a trade secret referred to in
section 1905 of title 18 of the United States Code shall be considered
confidential for the purpose of that section, except that such
information may be disclosed to other officers or employees concerned
with carrying out this Act or when relevant in any proceeding under this
Act. Nothing in this section shall authorized the withholding of
information by the Secretary or any officer, employee, or agent under
his control, from the duly authorized committees of the Congress.".
INSPECTORS
Sec. 107. Section 16 // 49 USC 1683. // (relating to annual
report), as redesignated, is amended by striking out "and" at the end of
paragraph (9), by striking out the period at the end of paragraph (10)
and inserting in lieu thereof "; and", and by adding at the end thereof
the following:
"(11) a description of the number and qualifications of State
pipeline safety inspectors in each State for which a certification
or agreement is in effect under section 5,
// 49 USC 1674. // together with the
number of such pipeline inspectors (and their qualifications)
which the Secretary recommends for that State.".
Sec. 108. Section 17, as redesignated, is amended to read as
follows:
" Sec. 17. (a) For the purpose of carrying out the provisions of
this Act // 49 USC 1684. // (other than provisions for which funds are
authorized to be appropriated under subsection (b)), there are
authorized to be appropriated--,
"(1) $6,200,000, for the fiscal year ending September 30, 1980;
and
"(2) $6,900,000, for the fiscal year ending September 30, 1981.
"(b) For the purpose of carrying out the Federal grants-in-aid
provisions of section 5(d) of this Act, there are authorized to be
appropriated--,
"(1) $4,500,000, for the fiscal year ending September 30, 1980;
and
"(2) $5,500,000, for the fiscal year ending September 30,
1981.".
Sec. 109. (a) Section 2(7) // 49 USC 1671. // (relating to the
national organization of State commissions) is amended by striking out
"part Ii of the Interstate Commerce Act" and inserting in lieu thereof
"subchapter III of chapter 103 of title 49, United States Code".
(b) Sections 2(8) and 2(9) (relating to certain interstate and
intrastate facilities) are amended by striking out " Federal Power
Commission" and inserting in lieu thereof " Federal Energy Regulatory
Commission".
(c) Section 3 // 49 USC 1672. // (relating to standards), as
amended, is amended by striking out subsection (a) and by redesignating
subsections (b) through (e) as subsections (a) through (d),
respectively.
(d) The first sentence of section 3(a), as redesignated by subsection
(c), is amended by striking out all that precedes "establish minimum"
and inserting in lieu thereof " The Secretary shall, by regulation,".
(e) Section 3(a), as redesignated by subsection (c), is amended by
striking out the fourth sentence in paragraph (1), by inserting in
paragraph (1)(B) "or facility" after "pipeline transportation", and by
inserting "safety" after "or more stringent".
(f) Section 3(b), as redesignated by subsection (c), is amended by
inserting after "period reasonably necessary for compliance" the
following: "and such date is specified in the regulation establishing
or amending such standard".
(g) Section 5(a) // 49 USC 1674. // (relating to State
certifications and agreements) is amended by striking out "; except
that a State agency may file a certification under this subsection
without regard to the requirement of injunctive and monetary sanctions
under State law for a period not to exceed five years after the date of
enactment of this Act".
(h)(1) Section 5(a) is amended by striking out "section 12", "section
11", and "sections 9 and 10" and inserting in lieu thereof "section 14",
"section 13", and "sections 11 (other than subsection (a)(3) thereof)
and 12", respectively.
(2) Section 5(b)(2) is amended by striking out "section 11" and
inserting in lieu thereof "section 13".
(3) Section 5(d)(2), as redesignated, is amended by striking out
"section 15(b)" and inserting in lieu thereof "section 17(b)".
(4) Section 8 // 49 USC 1677. // (relating to compliance) is amended
by striking out "section 12" and inserting in lieu thereof "section 14".
(i) Section 7 // 49 USC 1676. // (relating to cooperation with
Federal Power Commission and State commissions) is amended, in the
section heading, by striking out " FEDERAL POWER COMMISSION" and
inserting in lieu thereof " FEDERAL ENERGY REGULATORY COMMISSION" and,
in the text, by striking out " Federal Power Commission" each place it
appears and inserting in lieu thereof " Federal Energy Regulatory
Commission".
(j) Section 15 // 49 USC 1682. // (relating to administration), as
redesignated, is amended--,
(1) by striking out the section heading and inserting " NATURAL
GAS SAFETY COOPERATION AND COORDINATION"; and
(2) by striking out subsection (a) and redesignating
subsections (b), (c), and (d) as subsections (a), (b), and (c),
respectively.
(k) Section 15(a), as redesignated, is amended by striking out "
Federal Power Commission" and inserting in lieu thereof " Federal Energy
Regulatory Commission".
(1) Section 16(a)(3) // 49 USC 1683. // (relating to annual
reports), as redesignated, is amended by striking out "section 3(e)" and
inserting in lieu thereof "section 3(d)".
(m) Section 16 (relating to annual report), as redesignated, is
amended by striking out " March 17" and inserting in lieu thereof " June
15".
REGULATION
Sec. 110. (a) Within 12 months after the date of the enactment of
this section, // 49 USC 1682. // the Secretary of Transportation, after
affording an opportunity for consultation and comment by persons
operating pipeline facilities, State and local regulatory authorities
with jurisdiction over pipeline safety, and consumers shall conduct and
complete a cost-benefit analysis to determine whether additional Federal
legislation on pipeline safety is beneficial and submit a report of his
findings to the Congress.
(b) As part of the cost-benefit analysis required by subsection (a),
the Secretary of Transportation shall conduct a study of the adequacy
and effectiveness of existing pipeline safety regulations. In addition
to existing pipeline safety regulations, the study shall address the
following issues:
(1) whether pipeline safety could be significantly enhanced in
a cost-effective manner by regulations requiring pipeline facility
operators to prepare and maintain a general description of their
pipeline facilities, including--,
facilities;
construction
of such pipeline and facilities;
(including
soil characteristics) associated with the areas in which
the pipeline facilities are located, and the existing
and
projected population and demographic characteristics
associated
with such areas;
(2) the cost-effectiveness, feasibility, and potential benefits
of establishing in the Department of Transportation a program for
use in an electronic data-processing system, which would be used
to process and maintain pipeline-safety information obtained under
existing and future Federal laws and regulations;
(3) whether it is necessary and cost-effective to amend
existing Federal law and regulations on the reporting of pipeline
leaks to require the reporting of any such future leak which--,
adjustment
procedures which were properly carried out; and
or
the environment.
DISTRIBUTION OF
GAS IN CONNECTION WITH THE RENTAL OR LEASE OF
REAL PROPERTY
Sec. 111. (a) Not later than 18 months after the date of the
enactment of this Act, // 49 USC 1682. // the Secretary of
Transportation shall prepare and transmit to each House of the Congress
a report on how, when, and to what extent the Department of
Transportation intends to implement its safety jurisdiction over the
distribution of gas by any person in connection with the rental or lease
of real property by that person, particularly in instances in which the
gas being distributed to the renter or lessee is not separately metered.
(b) The Secretary shall provide reasonable notice and an opportunity
for public comment in connection with the preparation of the report
required under subsection (a).
Sec. 112. (a) The provisions of this subtitle, // 49 USC 1671 //
including amendments made by such provisions, shall take effect on the
date of the enactment of this Act.
(b) Suits, actions, or other proceedings pending upon the date of the
enactment of this subtitle shall not be affected by the provisions of
this subtitle and shall be completed as if this title had not been
enacted, unless the Secretary makes a determination that the public
safety otherwise requires.
Sec. 151. Section 2 // 49 USC 1671. // is amended by striking out
"and" at the end of paragraph (9), by striking out the period at the end
of paragraph (10) and inserting a semicolon in lieu thereof, and by
adding at the end thereof the following new items:
"(11) ' LNG' means natural gas in a liquid or semisolid state;
"(12) ' LNG facility means any pipeline facility used for the
transportation or storage of LNG, or for LNG conversion, in interstate
or foreign commerce, but does not include any structure or equipment (or
portion thereof) located in navigable waters (as defined in section 3(8)
of the Federal Power Act (16 U.S.C. 796(8)));
"(13) ' LNG conversion' means conversions of natural gas into LNG
(liquefaction or solidification) or the conversion of LNG into natural
gas (vaporization);
"(14) ' Existing LNG facility' means any LNG facility for which an
application for the approval of the siting, construction, or operation
of such facility was filed before March 1, 1978, with--,
"(A) the Department of Engery or any predecessor organization
of the Department, or
"(B) the appropriate State or local agency, in the case of any
facility not subject to the jurisdiction of the Department of
Energy under the Natural Gas Act,
except that such term does not include any facility the construction of
which commences on or after the date of the enactment of this paragraph
and such construction is not pursuant to such an approval;
"(15) ' New LNG facility' means any LNG facility other than an
existing LNG facility;
"(16) ' LNG accident' means any release, burning, or explosion of LNG
resulting from--,
"(A) a rupture or other failure of a storage tank, pipeline, or
other LNG facility;
"(B) natural hazards (including earthquakes, hurricanes, and
high winds);
"(C) sabotage; or
"(D) any other cause;
other than any such release, burning, or explosion which, as determined
in accordance with regulations prescribed by the Secretary, does not
pose a threat to public health or safety, property, or the environment;
and
"(17) ' Interstate or foreign 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).".
Sec. 152. (a) The Act // 49 USC 1675 - 1677. 49 USC 1674. // is
amended by redesignating sections 6, 7, and 8 as sections 8, 9, and 10,
respectively, and by inserting after section 5 the following new
section:
" Sec. 6. (a)(1) Not later than 180 days after the date of the
enactment of this section, // 49 USC 1674a. // the Secretary shall
establish, by regulation--,
"(A) minimum safety standards for determining the location of
any new LNG facility, and
"(B) minimum safety standards for the design, installation,
construction, initial inspection, and initial testing of any new
LNG facility.
"(2) After the date standards first take effect under this section,
no new LNG facility may be constructed other than in accordance with the
applicable standards prescribed under this section. The Secretary shall
ensure that the facility is constructed and operated in compliance with
such standards.
"(3) No new LNG facility may be operated unless the person operating
such facility has previously submittd a contingency plan which sets
forth those steps which are to be taken in the event of an LNG accident
and which is determined to be adequate by the Department of Energy or
the appropriate State agency, in the case of any facility not subject to
the jurisdiction of the Department under the Natural Gas Act. // 1k USC
717w. //
"(b) Not later than 270 days after the date of the enactment of this
subsection, the Secretary shall establish minimum standards to be
maintained with respect to the operation and maintance of any LNG
facility.
"(c)(1)(A) Except to the extent provided under subparagraph (B), any
standard issued under this Act after March 1, 1978, affecting the
design, location, installation, construction, initial inspection,or
initial testing shall not apply to an existing LNG facility either--,
"(i) under the authority of this Act; or
"(ii) under the authority of any other Federal law if such
standard was not issued at the time such authority was exercised.
"(B) Any such standard (other than one affecting location) may be
made applicable under the provisions of such standard to any replacement
component or part thereof of an LNG facility if that component or part
is placed in service after the date of the issuance of that standard,
but only if such applicability--,
"(i) would not render such component or part incompatible with
the other components or parts of the facility involved; or
"(ii) would not otherwise be impracticable.
No stndard issued under this Act after March 1, 1978, affecting location
shall apply to any replacement component or part thereof of an existing
LNG facility.
"(2) Nothing in this section shall preclude the application of
standards under section 3 // 49 USC 1672. // to pipeline facilities
(other than LNG facilities) associated with LNG facilities.
"(3) Standards affecting the design, installation, construction,
initial inspection, and initial testing shall not be applicable to LNG
facilities in existence on the date such standards are adopted.
"(d) In prescribing general safety standards under subsections (a)
and (b), the Secretary shall take into consideration--,
"(1) with respect to standards relating to the location of any
new LNG facility--,
demographic
characteristics associated with the location involved;
seismic,
and other natural physical aspects of such location;
risks
created by such a facility; and
"(2) with respect to standards applicable to the design,
installation, construction, initial inspection, and initial
testing of any new LNG facility--,
facility as
compared to alternative materials;
example,
whether it is to be in a liquid or semisolid state);
and
to
alternative designs (particularly the ability under
such a
design to prevent and contain an LNG spill); and
"(3) with respect to standards for the operation and maintance
of any LNG facility--,
connection
with, such facility;
sabotage or
other intentional acts which could cause an LNG
accident;
equipment,
structures, measures, and procedures described in
subparagraphs (A), (B), (C), and (D); and
"(e) At any time after the effective date of standards initially
prescribed under subsections (a) and (b), the Secretary shall, on his
own motion or on the motion of any person, amend such standards to the
extent he considers necessary to reflect changes in technology or to
otherwise carry out the purposes of this section.
"(f) The provisions of the last two sentences of subsection (a)(1) of
section 3 and of subsections (b), (c), and (d) of section 3 // 49 USC
1672. // shall apply with respect to standards prescribed under this
section in the same manner as they apply to standards prescribed under
section 3.".
(b)(1) Section 2(3) // 49 USC 1671. // (definition of transportation
of gas) is amended by striking out "or affecting".
(2) Section 3(d) // 49 USC 1672. // (relating to waiver of
standards), as redesignated, is amended by inserting after "in the same
manner" the following: "and to the same extent".
(3) Section 9 // 49 USC 1676. // (relating to cooperation with
Federal Energy Regulatory Commission), as redesignated, is amended--,
(A) by inserting "section 3 or" after "proceedings under";
(B) by inserting "to import natural gas or" after "authority";
(C) by striking out "a gas pipeline which is" and inserting in
lieu thereof "pipeline facilities which are"; and
(D) by inserting "the Department of Energy and" before "the
Commission unless".
Sec. 153. The Act, as amended by section 152 of this Act, is further
amended by inserting after the new section 6 the following new section:
STUDIES
" Sec. 7. (a) Not later than 270 days after the date of the
enactment of this section, // 49 USC 1674b. // the Secretary shall--,
"(1) conduct a study of--,
transportation,
and storage of LNG;
transportation,
and storage of liquified petroleum gas;
responsibility
for those engaged in any such activity; and
"(2) prepare and transmit to each House of the Congress a
report on the results of such study, together with the
recommendations of the Secretary for such legislative or
administrative action as he considers appropriate.
"(b)(1) Whenever the Secretary has reason to believe that any
operator of an LNG facility is not maintaining adequate insurance or
otherwise does not have adequate financial responsibility with respect
to such facilities, he may issue and serve upon such operator notice
thereof, together with a statement of the amount of the financial
responsibility that the Secretary would consider adequate.
"(2) Any person issued notice under paragraph (1) shall have a right
to hearing on the record in accordance with section 554 of title 5,
United States Code, to be held not later than 30 days after notice under
paragraph (1), at which such person has the right to show cause as to
why an order should not be issued by the Secretary requiring such person
to demonstrate and maintain financial responsibility at or above the
amount indicated in the notice under paragraph (1).
"(3) After an opportunity for hearing under paragraph (2), the
Secretary may, if he determines it is justified in the public interest,
order the person issued notice of such hearing to demonstrate and
maintain financial responsibility at or above an amount determined
appropriate by the Secretary, taking into account any information, data,
and views presented in such hearing.
"(4)(A) Any person agrieved by an order issued under paragraph (3)
may seek judicial review of such order only by filing a petition for
review in the appropriate court of appeals of the United States within
60 days after such order is issued.
"(B) Upon receipt of notice of the filing of such petition, the
Secretary 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 may affirm, modify, remand, or set aside the order of
the Secretary, and may enforce the order to the extent that such order
is affirmed and issue such writs as are ancillary to its jurisdiction or
are necessary in its judgement to prevent injury to the public pendente
lite. The findings of the Secretary as to the facts, if supported by
substantial evidence, shall be conclusive.
"(C) The judgment and decree of the court shall be final, except that
such judgment and decree shall be subject to review by the Supreme Court
upon certiorari, as provided in section 1254 of title 28, United States
Code.
"(c) For purposes of subsection (b) of this section, financial
responsibility may be maintained by any one of, or a combination of, the
following methods acceptable to the Secretary:
"(1) evidence of insurance,
"(2) surety bonds,
"(3) qualification as a self-insurer, or
"(4) other evidence of financial responsibility.".
Sec. 154. Section 11(a) // 49 USC 1679a. // (relating to
penalties), as added by section 104, is amended by redesignating
paragraph (2) as paragraph (3e and by inserting after paragraph (1) the
following new paragraph:
"(2) Any person who is determined by the Secretary to have violated
any standard or order under section 6 or 7(b) shal be subject to a civil
penalty of not to exceed $50,000, which penalty shall be in addition to
any other penalties to which such person may be subject under this
subsection.".
Sec. 155. (a) Section 15, // 49 USC 1682. // as redesignated, is
amended by adding at the end thereof the following new subsection:
"(d) The Secretary may as a matter of right intervene or otherwise
participate in any proceeding before the Federal Energy Regulatory
Commission, or any State agency, which involves safety requirements
relating to LNG facilities. The Secretary shall comply with rules of
procedure of general applicability governing the timing of intervention
or participation in such proceeding or activity and, upon intervening or
participating therein, shall comply with rules of procedure of general
applicability governing the conduct thereof.".
(b) Section 15(a), as redesignated, is amended by inserting ", or any
appropriate State agency," after " Commission".
Sec. 156. The provisons of this subtitle,
// 49 USC 1671 // including amendments made by such provision, shall
take effect on the date of the enactment of this Act.
Sec. 201. This title may be cited as the " Hazardous Liquid Pipeline
Safety Act of 1979". // 49 USC 2001 //
Sec. 202. As used in this title--, // 49 USC 2001. //
(1) "person" means any individual, firm, joint venture,
partnership, corporation, association, State, municpality,
cooperative association, or joint stock association, and includes
any trustee, receiver, assignee, or personal representative
thereof;
(2) "hazardous liquid" means--,
pipeline
facilities and which, as determined by the Secretary,
may pose an unreasonable risk to life or property when
transported by pipeline facilities;
(3) "transportation of hazardous liquids" means the movement of
hazardous liquids by pipeline, or their storage incidental to such
movement, in or affecting interstate or foreign commerce; except
that it shall not include any such movement through gathering
lines in rural locations or onshore production, refining, or
manufacturing facilities or storage or in-plant piping systems
associated with any of such facilities;
(4) "pipeline facilities" includes, without limitation, new and
existing pipe, rights-of-way, and any equipment, facility, or
building used or intended for use in the transportation of
hazardous liquids but "rights-of-way" as used in this title does
not authorize the Secretary to prescribe the location or the
routing of any pipeline facility;
(5) "interstate pipeline facilities" means the pipeline
facilities used in the transportation of hazardous liquids in
interstate or foreign commerce;
(6) "intrastate pipeline facilities" means pipeline facilities
which are not interstate pipeline facilities;
(7) "interstate or foreign commerce" means commerce between any
point in a State and any point outside thereof, or between points
within the same State but through any place outside thereof;
(8) " State" includes each of the several States, the District
of Columbia, and the Commonwealth of Puerto Rico;
(9) "mumicipality" means a city, county, or other political
subdivision of a State;
(10) "national organization of State commissions" means the
national organization of the State commissions referred to in
subchapter III of chapter 103 of title 49, United States Code;
and
(11) " Secretary" means the Secretary of Transportation.
FACILITIES
Sec. 203. (a) // 49 USC 2002. // The Secretary shall, by
regulation, establish minimum Federal safety standards for the
transportation of hazardous liquids and pipeline facilities. The
standards shall apply to each person who engages in the transportation
of hazardous liquids or who owns or operates pipeline facilities. The
standards shall be practicable and designed to meet the need for safe
transportation of hazardous liquids.
(b) In prescribing standards under this section, the Secretary shall
consider--,
(1) relevant available pipeline data;
(2) whether the standards are appropriate for the particular
type of pipeline transportation or facility;
(3) the reasonableness of any propsed standards; and
(4) the extent to which the standards will contribute to public
safety.
(c) Standards under this section may apply to the design,
installation, inspection, emergency plans and procedures, testing,
construction, extension, operation, replacement, and maintenance of
pipeline facilities. Any standard issued under this section affecting
the design, installation, construction, initial inspection, and initial
testing shall not be applicable to pipeline facilities in existence on
the date such standard is adopted.
(d) Any State agency may adopt additional or more stringent safety
standards for intrastate pipeline facilities and the transportation of
hazardous liquids associated with such facilities, if such standards are
compatible with the Federal standards issued under this title. No State
agency may adopt or continue in force any safety standards applicable to
interstate pipeline facilities or the transportation of hazardous
liquids associated with such facilities.
(e) The Secretary may provide that the Federal minimum safety
standards established under this section include a requirement that any
operator of pipeline facilities--,
(1) participate in any public safety program--,
operators
of proposed demolition, excavation, tunneling, or
construction
near or affecting such facility;
proposed
demolition, excavation, tunneling, or construction, for
the
purpose of preventing damage to such facilities; and
in
a manner adequate to assure protection against the
hazards
to that operator's pipeline facilities created by such
demolition,
excavation, tunneling, or construction; or
(2) establish and carry out a damage prevention program which
provides services to the public with respect to that operator's
pipeline facilities which are comparable to those which would be
available to the public under a program described in paragraph
(1).
(f) Any standards prescribed under this section, and amendments
thereto, shall become effective thirty days after the date of issuance
of such standards unless the Secretary, for good cause recited,
determines an earlier or later effective date is required as a result of
the period reasonably necessary for compliance and such date is
specified in the regulation establishing or amending such standard.
(g) The provisions of subchapter II of chapter 5 of title 5 of the
United States Code // 5 USC 551 // shall apply to all actions
establishing, amending, revoking, or directing or waiving compliance
with, any standard established under this Act. The Secretary shall
afford interested persons an opportunity to participate fully in the
establishment of such safety standards through submission of written
data, views, or arguments with opportunity to present oral testimony and
argument.
(h) Upon application by any person engaged in the transportation of
hazardous liquids or the operaton of pipeline facilities, the Secretary,
may, by order, after notice and opportunity for hearing and under such
terms and conditions and to such extent as he deems appropriate, waive
in whole or in part compliance with any standard established under this
title, if he determines that a waiver of compliance with such standard
is not inconsistent with pipeline safety. The Secretary shall state his
reason for any such waiver. A State agency, with respect to which there
is in effect a certification pursuant to section 205(a) or an agreement
pursuant to section 205(b), may waive compliance with a safety standard
in the same manner and to the same extent as the Secretary, provided
such State agency gives the Secretary written notice at least sixty days
prior to the effective date of the waiver. If, before the effective
date of a waiver to be granted by a State agency, the Secretary objects
in writing to the granting of the waiver, any State agency action
granting the waiver will be stayed. After notifying such State agency
of his objection, the Secretary shall afford such agency a prompt
opportunity to present its request for waiver, with opportunity for
hearing, and the Secretary shall determine finally whether the requested
waiver may be granted.
Sec. 204. (a) Not later than 12 months after the date of the
enactment of this Act, // 49 USC 2003. // the Secretary shall establish
a Technical Hazardous-Liquid Pipeline Safety Standards Committee and
appoint the initial members of the Committee. The Committee shall be
appointed by the Secretary, after consultation with public and private
agencies concerned with the technical aspect of the transportation of
hazardous liquids or the operation of pipeline facilities, and shall be
composed of fifteen members each of whom shall be experienced in the
safety regulation of the transportation of hazardous liquids and of
pipeline facilities or technically qualified by training, experience, or
knowledge in one or more fields of engineering applied in the
transportation of hazardous liquids or the operation of pipeline
facilities to evaluate pipeline safety standards, as follows:
(1) five members shall be selected from governmental agencies,
including State and Federal Governments, two of whom, after
consultation with representatives of the national organization of
State commission, shall be State commissioners;
(2) four members shall be selected from the hazardous liquids
industry after consultation with industry representatives, not
less than three of whom shall be currently engaged in the active
operation of pipeline facilities; and
(3) six members shall be selected from the general public.
(b) After the Committee has been established and its members
appointed, the Secretary shall submit to the Committee any proposed
standard under this title, or any proposed amendment to a standard under
this title, for its consideration. Within 90 days after receipt by the
Committee of any proposed standard or amendment, the Committee shall
prepare a report on the technical feasibility, reasonableness, and
practicability of such standard or amendment. The Secretary may
prescribe a final standard or a final amendment to a standard at any
time after the 90th day after its submission to the Committee, whether
or not the Committee has reported on such standard or amendment. Each
report by the Committee, including any minority views, shall be
published by the Secretary and, if timely made form a part of the
proceedings for the promulgation of standards. In the event that the
Secretary rejects the conclusions of the majority of the Committee, he
shall not be bound by such conclusions but shall publish his reasons for
rejection thereof. The Committee may propose safety standards for
pipeline facilities and the transportation of hazardous liquids to the
Secretary for his consideration. The Committee shall meet with the
Secretary (or his designee) not less frequently than once every 6
months. All proceedings of the Committee shall be recorded and the
record of each proceeding shall be available for public inspection.
(c) Members of the Committee other than Federal employees may be
compensated at a rate to fixed by the Secretary at not to exceed the
daily equivalent of the maximum annual rate of basic pay then currently
payable under the General Schedule under section 5332 of title 5, United
States Code, // 44 FR 58671. // for each day (including traveltime)
when engaged in the actual duties of the Committee. All members, while
away from their homes or regular places of business, may be allowed
travel expenses, including per diem in lieu of subsistence as authorized
by section 5703 of title 5, United States Code, for persons in the
Government service employed intermittently. Payments under this section
shall not render members of the Committee employees or officials of the
United States for any purpose.
Sec. 205. (a) Except for section 215 // 49 USC 2004. // and except
as otherwise provided in this section, the authority of the Secretary
under this Act to prescribe safety standards and enforce compliance with
such standards shall not apply to intrastate pipeline facilities or the
transportation of hazardous liquids associated with those facilities,
when the safety standards and practices applicable to same are regulated
by a State agency which submits to the Secretary an annual certification
that such State agency--,
(1) has regulatory jurisdiction over the safety standards and
practices of intrastate pipeline facilities and the transportation
of hazardous liquids associated with those facilities;
(2) has adopted, as of the date of the certification, each
Federal safety standard established under this title which is
applicable to intrastate pipeline facilities and the
transportation of hazardous liquids associated with those
facilities or, with respect to each such Federal safety standard
established within 120 days before the date of certification, is
taking steps pursuant to State law to adopt such standard;
(3) is enforcing each such standard;
(4) is encouraging and promoting programs designed to prevent
damage to pipeline facilities as a consequence of demolition,
excavation, tunneling, or construction activity; and
(5) has the authority to require record maintenance, reporting,
and inspection substantially the same as are provided under
section 211 and the filing for approval of plans of inspection and
maintenance described in section 210 and that the law of the State
makes provision for the enforcement of the safety standards of
such State agency by way of injunctive and monetary sanctions
substantially the same as are provided under sections 208 (other
than subsection (a)(2) thereof) and 209.
Each annual certification shall include a report, in such form as the
Secretary may by regulation provide, showing (i) name and address of
each person subject to the safety jurisdiction of the State agency;
(ii) all accidents or incidents reported during the preceding 12 months
by each such person involving personal injury requiring hospitalization,
fatality, or property damage exceeding $5,000 (whether or not sustained
by a person subject to the safety jurisdiction of the State agency) and
any other accident which the State agency considers significant,
together with a summary of the State agency's investigation as to the
cause and circumstances surrounding such accident or incident; (iii)
the record maintenance, reporting, and inspection practiced by the State
agency to enforce compliance with such Federal safety standards,
including a detail of the number of inspections made of pipeline
facilities by the State agency during the preceding 12 months; and (iv)
such other information as the Secretary may require. The report
included with the first annual certification need not show information
unavailable at that time.
(b) With respect to any intrastate pipeline facilities or
transportation of hazardous liquids associated with those facilities for
which the Secretary does not receive an annual certification under
subsection (a), the Secretary may, by agreement with a State agency
authorize such agency to assume responsibility for, and carry out on
behalf of the Secretary as it relates to those facilities or associated
transportation, the necessary actions to--,
(1) establish an adequate program for record maintenance,
reporting, and inspection designed to assist compliance with
Federal safety standards; and
(2) establish procedures for approval of plans for inspection
and maintenance substantially the same as are required under
section 210.
Any agreement executed pursuant to this subsection shall require the
State agency promptly to notify the Secretary of any violation or
probable violation of a Federal safety standard which it discovers as a
result of its program.
(c) The Secretary may conduct whatever monitoring may be necessary of
any State program established by certification or agreement under this
section to assure that such programs are being carried out in compliance
with such certification or agreement. State agencies shall cooperate
fully in any monitoring of their programs under this subsection.
(d)(1) Except as otherwise provided in this section, if an
application submitted not later than September 30 in any calendar year,
the Secretaryshall pay out of funds appropriated or otherwise made
available up to 50 percent of the cost of the personnel, equipment, and
activities of a State agency reasonably required during the following
calendar year to carry out a safety program under a certification under
subsection (a) or an agreement under subsection (b) of this section; or
to act as agent of the Secretary with respect to interstate pipeline
facilities. The Secretary may, after notice and consultation with a
State agency, withhold all or any part of the funds for a particular
State agency if he determines that such State agency (A) is not
satisfactorily carrying out a safety program under a certification under
subsection (a) or an agreement under subsection (b) of this section, or
(B) is not satisfactorily acting as agent of the Secretary with respect
to interstate pipeline facilities. No such payment may be made unless
the State agency making application under this subsection gives
assurance satisfactory to the Secretary that the State agency will
provide the remaining cost of such a safety program and that the
aggregate expenditures of funds of the State, exclusive of Federal
grants, for hazardous liquid pipeline safety programs will be maintained
at a level which does not fall below the average level of such
expenditures for the last 2 fiscal years preceding the date of enactment
of this section.
(2) Funds authorized to be appropriated by section 214 of this title
shall be allocated among the several States for payments to aid in the
conduct of pipeline safety programs in accordance with paragraph (1) of
this subsection.
(3) Payments under this section may be made in installments, in
advance or by way of reimbursement, with necessary adjustments on
account of overpayments and underpayments.
(4) The Secretary may, by regulation, provide for the form and manner
of filing of applications under this section, and for such reporting and
fiscal procedures as he deems necessary to assure the proper accounting
for Federal funds.
(e) A certification which is in effect under subsection (a) shall not
apply with respect to any new or amended Federal safety standard
established for intrastate pipeline facilities or transportation of
hazardous liquids associated with those facilities pursuant to this
title after the date of such certification. The provisions of this
title shall apply to any such new or amended Federal safety standard
until the State agency has adopted such standard and has submitted an
appropriate certification in accordance with provisions of subsection
(a).
(f) If after receipt of annual certification under subsection (a),
the Secretary determines that the State agency is not satisfactorily
enforcing compliance with Federal safety standards, he may, on
reasonable notice and after opportunity for hearing, reject the
certification or take such other action as he deems appropriate to
achieve adequate enforcement including the assertion of Federal
jurisdiction. When such notice is given by the Secretary, the burden of
proof shall be upon the State agency to show that it is satisfactorily
enforcing compliance with Federal safety standards.
(g) Any agreement under subsection (b) may be terminated by the
Secretary if, after notice and opportunity for a hearing, he finds that
the State agency has failed to comply with any provision of such
agreement. Such finding and termination shall be published in the
Federal Register and shall become effective no sooner than 15 days after
the date of publication.
Sec. 206. (a) Any person who is or will be adversely affected or
aggrieved by any regulation issued under this title // 49 USC 2005. //
or any order issued relating to an application for waiver under section
203(h) may at any time prior to the 60th day after such regulation or
order is issued file a petition for a judicial review with the United
States Court of Appeals for the District of Columbia or for the circuit
wherein such petitioner is located or has his principal place of
business. A copy of the petition shall be forthwith trasmitted by the
clerk of the court to the Secretary or other officer designated by him
for that purpose.
(b) Upon the filing of the petition referred to in subsection (a),
the court shall have jurisdiction to review the regulation or order in
accordance with chapter 7 of title 5 of the United States Code // 5 USC
701 // and to grant appropriate relief as provided in such chapter.
(c) The judgment of the court affirming or setting aside, in whole or
in part, any such regulation or order of thd Secretary shall be final,
subject to review by the Supreme Court of the United States upon
certiorari or certification as provided in section 1254 of title 28 of
the United States Code.
(d) Any action instituted under this section shall survive,
notwithstanding any change in the person occupying the office of the
Secretary or any vacancy in such office.
(e) The remedies provided for in this section shall be in addition to
and not in substitution for any other remedies provided by law.
Sec. 207. // 49 USC 2006. // hazardous liquids or who owns or
operates pipeline facilities shall--,
(1) at all times after the date any applicable safety standard
established under this title takes effect comply with the
requirements of such standard;
(2) establish and maintain a plan of inspection and maintenance
required by section 210 and comply with such plan; and
(3) permit access to or copying of records, and make reports or
provide information, and permit entry or inspectin, as required
under section 211.
(b)(1) The Secretary may issue orders directing compliance with this
Act or any regulation issued under this Act. Any such order shall
clearly set forth the particular actions required of the person to whom
the order is issued.
(2) The district courts of the United States shall have jurisdiction,
upon petition by the Attorney General, to enforce any such order by
appropriate means.
(c) Nothing in this title shall affect the common law or statutory
liability of any person.
Sec. 208. // 49 USC 2007. // (a)(1) Any person who is determined by
the Secretary to have violated any provisions of section 207(a) or any
regulation or order violated any provisions of section 207(a) or any
regulation or order issued under this title, including any order issued
under section 207(b) or 209(b), shall be liable to the United States for
a civil penalty of not more than $1,000 for each violation for each day
that violation persists, except that the maximum civil penalty shall not
exceed $200,000 for any related series of violations.
(2) The amount of the penalty shall be assessed by the Secretary by
written notice. In determining the amount of the penalty, the Secretary
shall consider th nature, circumstances, and gravity of the violation
and, with respect to the person found to have committed the violation,
the degree of culpability, any history of prior violations, the effect
on ability to continue to do business, any good faith in attempting to
achieve compliance, ability to pay the penalty, and such other matters
as justice may require.
(b) A civil penalty assessed under subsection (a) may be recovered in
an action brought by the Attorney General on behalf of the United States
in the appropriate district court of the United States or, prior to
referral to the Attorney General, it may be compromised by the
Secretary. The amount of the penalty, when finally determined (or
agreed upon in compromise), may be deducted from any sums owed by the
United States to the person charged. All penalties collected under this
subsection shall be deposited in the Treasury of the United States as
miscellaneous receipts.
(c)(1) Any person who willfully and knowingly violates section 207(
a) or a regulation or order issued under this title, including any order
issued under section 207(b) or 209(b), shall, upon conviction, be
subject, for each offense, to a fine of not more than $25,000,
imprisonment for a term not to exceed 5 years, or both.
(2) Any person who willfully and knowingly injures or destroys, or
attempts to injure or destroy, any interstate pipeline facility shall,
upon conviction, be subject, for each offense, to a fine of not more
than $25,000, imprisonment for a term not to exceed 15 years, or both.
(d) Nothing in this title shall be construed to authorize the
violation of any order under section 207(b) or 209(b) if both violations
are based on the same act.
Sec. 209. // 49 USC 2008. // (a)(1) The Attorney General, at the
request of the Secretary, may bring an action in an appropriate district
court of the United States for equitable relief to redress or restrain a
violation by any person of a provision of this title or a regulation
issued under this title. Such district courts shall have jurisdiction
to determine such actions and may grant such relief as is necessary or
appropriate, including mandatory or prohibitive injunctive relief,
interim equitable relief, and punitive damages.
(2) In any proceeding for criminal contempt for violation of a
mandatory or prohibitive injunction issued under this subsection which
violation also constitutes a violation of this Act, trial shall be by
the court or, upon demand of the accused, by a jury. Such trial shall
be conducted in accordance with the practice and procedure applicable in
the case of proceedings subject to the provisions of rule 42(b) of the
Federal Rules of Criminal Procedure. // 18 USC app. //
(b)(1) If the Secretary finds, after reasonable notice and an
opportunity for hearing, that any pipeline facility is hazardous to life
or property, he shall, by order, require the person operating the
facility to take necessary corrective action. Such corrective action
may include suspended or restricted use of the facility, physical
inspection, testing, repair, replacement, or other action, as
appropriate.
(2) The Secretary may find a pipeline facility to be hazardous under
paragraph (1)--,
(A) if under the facts and circumstances he determines the
particular facility is hazardous to life or property, or
(B) if the pipeline facility or a component thereof has been
constructed or operated with any equipment, material, or technique
which he determines is hazardous to life or property, unless the
operator involved demonstrates to the satisfaction of the
Secretary that under the particular facts and circumstances
involved such equipment, material, or technique is not hazardous
to life or property.
(3) In making a determination under paragraph (2), the Secretary
shall consider, if relevant--,
(A) the characteristics of the pipe and other equipment used in
the pipeline facility involved, including its age, manufacturer,
physical properties (including its resistance to corrosion and
deterioration), and the method of its manufacture, construction,
or assembly;
(B) the nature of the materials transported by such facility
(including their corrosive and deteriorative qualities), the
sequence in which such materials are transported, and the pressure
required for such transportation;
(C) the aspects of the areas in which the pipeline facility is
located, in particular the climatic and geologic conditions
(including soil characteristics) associated with such areas, and
the population density and population and growth patterns of such
areas;
(D) any recommendation of the National Transporation Safety
Board issued in connection with any investigation conducted by the
Board under other provisions of law; and
(E) such other factors as the Secretary may consider
appropriate.
(4) The district courts of the United States shall have jurisdiction,
upon petition by the Attorney General, to enforce orders issued under
this subsection by appropriate means.
(5) The Secretary may waive the requirements for notice and hearing
under this subsection and provide for expeditious issuance of an order
under this subsection in any case in which he determines that the
failure to do so would result in the likelihood of serious harm to life
or property. However, the Secretary shall include in such an order an
opportunity for hearing as soon as practicable after issuance of an
order.
Sec. 210. // 49 USC 2009. // (a) Each person who engages in the
transportation of hazardous liquids or who owns or operates pipeline
facilities shall prepare, maintain at such office or offices of that
person as the Secretary determines appropriate, and carry out a current
written plan for inspection and maintenance of each facility used i that
transportation and owned or operated by that person in accordance with
regulations prescribed by the Secretary or, where a certification or
agreement pursuant to section 205 of this title is in effect, by the
appropriate State agency. The Secretary may, by regulation, also
require persons who engage in the transportation of hazardous liquids or
who own or operate pipeline facilities subject to the provisions of this
title to file such plans for approval. A plan required by this
subsection shall be practicable and designed to meet the need for
pipeline safety and shall be made available to the Secretary or
appropriate State agency upon request pursuant to section 211.
(b) If the Secretary or appropriate State agency finds that a plan
required under this section is inadequate to achieve safe operation of
pipeline facilities, the Secretary or appropriate State agency shall,
after notice and opportunity for a hearing, require the plan to be
revised. In determining the adequacy of a plan filed under this
section, the Secretary or appropriate State agency shall consider--,
(1) relevant available pipeline safety data;
(2) whether the plan is appropriate for the particular type of
pipeline transportation of facility;
(3) the reasonableness of the plan; and
(4) the extent to which such plan will contribute to public
safety.
Sec. 211. // 49 USC 2010. // (a) The Secretary may, to the extent
necessary to carry out his responsibilities under this title, conduct
investigations, make reports, issue subpenas, conduct hearings, require
the production of relevant documents and records, take depositions, and
conduct, directly or, by contract, or otherwise, research, testing,
development, demonstration, and training activities; however, before
the Secretary may exercise authority under this section to require
testing of portions of pipeline facilities subject to the provisions of
this title which have been involved in or affected by an accident, he
shall make every effort to negotiate a mutually acceptable plan with the
owner of such facilities and, where appropriate, the National
Transportation Safety Board for performing such testing.
(b) Each person who engages in the transportation of hazardous
liquids or who owns or operates pipeline facilities shall establish and
maintain such records, make such reports, and provide such information
as the Secretary may reasonably require, and shall submit such reports
and shall make such records and information available as the Secretary
may request, to enable him to determine whether such person has acted or
is acting in compliance with this title and the standards or orders
issued under this title.
(c) Officers, employees, or agents authorized by the Secretary, upon
presenting appropriate credentials to the person in charge, are
authorized to enter upon, inspect, and examine, at reasonable times and
in a reasonable manner, the records and properties of persons to the
extent such records and properties are relevant to determining whether
such persons have acted or are acting in compliance with this title and
the standards or orders issued under this title.
(d) Accident reports made by any officer, employee, or agent of the
Department of Transportation shall be available for use in any civil,
criminal, or other judicial proceeding arising out of such accident.
Any such officer, employee, or agent may be required to testify in such
proceedings as to the facts developed in such investigations. Any such
report shall be made available to the public in a manner which need not
identify individuals. All reports on research projects, demonstration
projects, and other related activities shall be public information.
(e) All information reported to or otherwise obtained by the
Secretary or his representative pursuant to subsection (a), (b), or (c)
which information contains or relates to a trade secret referred to in
section 1905 of title 18 of the United States Code shall be considered
confidential for the purpose of that section, except that such
information may be disclosed to other officers or employees concerned
with carrying out this title or when relevant in any proceeding under
this title. Nothing in this section shall authorize the withholding of
information by the Secretary or any officer, employee, or agent under
his control, from the duly authorized committees of the Congress.
Sec. 212. // 49 USC 2011. // (a) Upon request, the Secretary shall
furnish to the Federal Energy Regulatory Commission or any appropriate
State agency, with respect to matters under their jurisdiction, any
information he has concerning the safety of any materials, operations,
devices, or processes relating to the transportation of hazardous
liquids or the operation of pipeline facilities.
(b) The Secretary is authorized to advise, assist, and cooperate with
other Federal departments and agencies and State and other interested
public and private agencies and persons, in the planning and development
of (1) Federal safety standards relating to hazardous liquids, and (2)
methods for inspecting and testing to determine compliance with Federal
safety standards relating to hazardous liquids.
(c) The Secretary is authorized to consult with, and make
recommendations to, other Federal departments and agencies, State and
local governments, and other public and private agencies or persons, for
the purpose of developing and encouraging activities, including the
enactment of legislation, to assist in the implementation of this title
and to improve State and local pipeline safety programs relating to
hazardous liquids.
Sec. 213. // 49 USC 2012. // (a) The Secretary shall prepare and
submit to the President for transmittal to the Congress on June 15 of
each year a comprehensive report on the administration of this title for
the preceding calendar year. Such report shall include--,
(1) a thorough compilation of the leak repairs, accidents, and
casualties occurring in such year with a statement of cause
whenever investigated and determined by the National
Transportation Safety Board;
(2) a list of Federal hazardous liquid pipeline safety
standards established or in effect in such year with
identification of standards newly established during such year;
(3) a summary of the reasons for each waiver granted under
section 203(h) during such year;
(4) an evaluation of the degree of observance of applicable
safety standards for the transportation of hazardous liquids and
pipeline facilities including a list of enforcement actions, and
compromises of alleged violations by location and company name;
(5) a summary of outstanding problems confronting the
administration of this title in order of priority;
(6) an analysis and evaluation of research activities,
including the policy implications thereof, completed as a result
of Government and private sponsorship and technological progress
for safety achieved during such year;
(7) a list, with a brief statement of the issues, of completed
or pending judicial actions under the title;
(8) the extent to which technical information was disseminated
to the scientific community and consumer-oriented information was
made available to the public;
(9) a compilation of--,
municipalities)
under section 205(a) which were in effect during the
preceding calendar year, and
(10) a compilation of--,
(including
municipalities) under section 205(b) which were in
effect
during the preceding calendar year, and
for
each such termination.
(11) a description of the number and qualifications of State
pipeline safety inspectors in each State for which a certification
or agreement is in effect under section 205, together with the
number of such pipeline inspectors (and their qualifications)
which the Secretary recommends for that State.
(b) The report required by subsection (a) shall contain such
recommendations for additional legislation as the Secretary deems
necessary to promote cooperation among the several States in the
improvement of hazardous liquid pipeline safety programs.
(c) The Secretary is authorized to submit one annual report in
satisfaction of the report requirements of this section and of section
16 of the Natural Gas Pipeline Safety Act of 1968. // 49 USC 1685. //
Sec. 214. // 49 USC 2013. // (a) For the purpose of carrying out the
provisions of this title (other than provisions for which funds are
authorized to be appropriated under subsection (b)), there are
authorized to be appropriated--,
(1) $1,800,000, for the fiscal year ending September 30, 1980;
and
(2) $2,100,000, for the fiscal year ending September 30, 1981.
(b) For the purpose of carrying out the Federal grants-in-aid
provisions of section 205 of this title, there are authorized to be
appropriated--,
(1) $500,000, for the fiscal year ending September 30, 1980;
and
(2) $535,000, for the fiscal year ending September 30, 1981.
Sec. 215. // 49 USC 2014. // (a) Except as provided in subsection
(b), any person may commence a civil action for mandatory or prohibitive
injunctive relief, including interim equitable relief, against any other
person (including any State, municipality, or other govenmental entity
to the extent permitted by the eleventh amendment to the Constitution,
and the United States) who is alleged to be in violation of this title
or of any order or regulation issued under this title. The district
courts of the United States shall have jurisdiction over actions brought
under this section, without regard to the amount in controversy or the
citizenship of the parties.
(b) No civil action may be commenced under subsection (a) with
respect to any alleged violation of this title or any order or
regulation issued under this title--,
(1) prior to the expiration of 60 days after the plaintiff has
given notice of such alleged violation to the Secretary (or to the
applicable State agency in the case of a State which has been
certified under section 205(a) and in which the violation is
alleged to have occurred), and to any person who is alleged to
have committed such violation; or
(2) if the Secretary (or such State agency) has commenced and
is diligently pursuing administrative proceedings or the Attorney
General of the United States (or the chief law enforcement officer
of such State) has commenced and is diligently pursuing judicial
proceedings with respect to such alleged violation.
Notice under this subsection shall be given in such manner as the
Secretary shall prescribe by regulation.
(c) In any action under subsection (a), the Secretary (with the
concurrence of the Attorney General) or the Attorney General may
intervene as a matter of right.
(d) Nothing in this section shall restrict any right which any person
(or class of persons) may have under any statue or at common law to seek
enforcement of this title or any order or regulation under this title or
to seek any other relief.
(e) In any action under this section the court may, in the interest
of justice, award the costs of suit, including reasonable attorney's
fees and reasonable expert witnesses fees, to a prevailing plaintiff.
Such court may, in the interest of justice, award such costs to a
prevailing defendant whenever such action is unreasonable, frivolous, or
meritless. For purposes of this subsection, a reasonable attorney's fee
is a fee (1) which is based upon (A) the actual time expended by an
attorney in providing advice and other legal services in connection with
representing a person in an action brought under this section, and (B)
such reasonable expenses as may be incurred by the attorney in the
provision of such services, and (2) which is ccomputed at the rate
prevailing for the provsion of similar services with respect to actions
brought in the court which is awarding such fee.
(f) For purposes of this section, a violation of any safety standard
or practice of any State shall be deemed to be a violation of this title
or of any order or regulation under this title only to the extent that
such standard or practice is not more stringent than the comparable
Federal safety standard.
Sec. 216. (a) Section 112(c) of the Hazardous Materials
Transportation Act (49 U.S.C. 1811(c)) is amended by striking out
"chapter 39 of title 18, United States Code" and inserting in lieu
thereof " Hazardous Liquid Pipeline Safety Act of 1979".
(b) Sections 831 through 835 of chapter 39 of title 18, United States
Code, are repealed.
Sec. 217. The provisions of this title // 49 USC 2001. // shall
take effect on the date of enactment.
Sec. 218. // 18 USC 831. // (a) All orders, determinations, rules,
regulations, permits, contracts, certificates, licenses, and privileges
which have been issued, made, granted, or allowed to become effective
under the provisions of chapter 39 of title 18, United States Code
repealed by this title and which are in effect at the time this title
takes effect, shall continue in effect as though issued, made, granted,
or allowed to become effective under the authority of this title,
according to their terms until modified, terminated, superseded, set
aside, or repealed by the Secretary, by any court of competent
jurisdiction, or by operation of law.
(b) Suits, actions, or other proceedings pending upon the date of
enactment of this title shall not be affected by the provisions of this
title and shall be completed as if this title had not been enacted,
unless the Secretary makes a determination that the public safety
otherwise requies.
Approved November 30, 1979.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 96 - 201, Pt. I (Comm. on Interstate and Foreign
Commerce) and No. 96 - 201, Pt. II (Comm. or Public Works and
Transportation), both accompanying H.R. 51.
SENATE REPORT No. 96 - 182 (Comm. on Commerce, Science, and
Transportation).
CONGRESSIONAL RECORD, Vol. 125 (1979):
June 4, considered and passed Senate.
Sept. 17, 18, H. R. 51 considered and passed House; passage
vacated and S. 411, amended, passed in lieu.
Nov. 14, Senate concurred in House amendments with an
amendment.
Nov. 15, House concurred in Senate amendment.
PUBLIC LAW 96-128, 93 STAT, 982, VETERANS' DISABILITY COMPENSATION
AND SURVIVORS' BENEFITS AMENDMENTS OF 1979
cost-of-living increase in the
rates of compensation paid to veterans with
service-connected disabilities and in
the rates of dependency and indemnity compensation paid
to survivors of veterans,
to modify certain veterans' life insurance programs,
and to exempt Veterans'
Administration home loans from State anti-usury laws;
to provide for certain
assistance in locating individuals who were exposed to
occupational hazards
during military service; 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' Disability Compensaton and Survivors' Benefits
Amendments of 1979". // 38 USC 101. //
Sec. 2. Whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or other
provision of title 38, United States Code.
Sec. 101. (a) Section 314 // 92 Stat. 1560. 38 USC 314. // is
amended--,
(1) by striking out "$44" in subsection (a) and inserting in
lieu thereof "$48";
(2) by striking out "$80" in subsection (b) and inserting in
lieu thereof "$88";
(3) by striking out "$121" in subsection (c) and inserting in
lieu thereof "$133";
(4) by striking out "$166" in subsection (d) and inserting in
lieu thereof "$182";
(5) by striking out "$232" in subsection (e) and inserting in
lieu thereof "$255";
(6) by striking out "$292" in subsection (f) and inserting in
lieu thereof "$321";
(7) by striking out "$346" in subsection (g) and inserting in
lieu thereof "$380";
(8) by striking out "$400" in subsection (h) and inserting in
lieu thereof "$440";
(9) by striking out "$450" in subsection (i) and inserting in
lieu thereof "$495";
(10) by striking out "$809" in subsection (j) and inserting in
lieu thereof "$889";
(11) by striking out "$56", "$1,005", and "$1,408" in
subsection (k) and inserting in lieu thereof "$62", "$1,104", and
"$1,547", respectively;
(12) by striking out "$1,005" in subsection (1) and inserting
in lieu thereof "$1,104";
(13) by striking out "$1,107" in subsection (m) and inserting
in lieu thereof "$1,217";
(14) by striking out "$1,258" in subsection (n) and inserting
in lieu thereof "$1,383";
(15) by striking out "$1,408" each place it appears in
subsections (o) and (p) and inserting in lieu thereof "$1,547";
(16) by striking out "$604" and "$900" in subsection (r) and
inserting in lieu thereof "$664" and "$989", respectively;
(17) by striking out "$905" in subsection (s) and inserting in
lieu thereof "$995"; and
(18) by striking out "$175" in subsection (t) and inserting in
lieu thereof "$192".
(b) The Administrator of Veterans' Affairs may adjust
administratively, consistent with the increases authorized by this
section, // 38 USC 314. // the rates of disability compensation payable
to persons within the purview of section 10 of Public Law 85 - 857 // 38
USC prec. 101 // who are not in receipt of compensation payable pursuant
to chapter 11 of title 38, United States Code. // 38 USC 301 //
Sec. 102. (a) Section 315(1) // 92 Stat. 1562. 38 USC 315. // is
amended--,
(1) by striking out "$49" in clause (A) and inserting in lieu
thereof "$54";
(2) by striking out "$83" in clause (B) and inserting in lieu
thereof "$91";
(3) by striking out "$110" in clause (C) and inserting in lieu
thereof "$121";
(4) by striking out "$137" and "$27" in clause (D) and
inserting in lieu thereof "$151" and "$30", respectively;
(5) by striking out "$34" in clause (E) and inserting in lieu
thereof "$37";
(6) by striking out "$61" in clause (F) and inserting in lieu
thereof "$67";
(7) by striking out "$88" and "$27" in clause (G) and inserting
in lieu thereof "$97" and "$30", respectively;
(8) by striking out "$40" in clause (H) and inserting in lieu
thereof "$44";
(9) by striking out "$89" in clause (I) and inserting in lieu
thereof "$98"; and
(10) by striking out "$75" in clause (J) and inserting in lieu
thereof "$82".
(b)(1)(A) Clause (I) of such section (as amended by subsection (a))
is further amended--,
(i) by striking out "subsection" the first time it appears and
inserting in lieu thereof "paragraph";
(ii) by striking out "(1)" and "or (2)" and inserting in lieu
thereof "(i)" and "or (ii)", respectively; and
(iii) by striking out "paragraph (2) of this subsection" and
inserting in lieu thereof "paragraph (2) of this section".
(B) Clause (J) of such section (as amended by subsection (a)) is
further amended--,
(i) by striking out "subsection" the first time it appears and
inserting in lieu thereof "paragraph"; and
(ii) by striking out "paragraph (2) of this subsection" and
inserting in lieu thereof "paragraph (2) of this section".
(2) Section 315(2) is amended by inserting "of this section" after
"paragraph (1)".
Sec. 103. Section 362 // 92 Stat. 1562. 38 USC 362. // is amended
by striking out "$218" and inserting in lieu thereof "$240".
CERTAIN
VETERANS
Sec. 104. Section 314(r) // 92 Stat. 1561. 38 USC 314. // is
amended--,
(1) by striking out "the" the first place it appears;
(2) by striking out "or" after "this section" and inserting in
lieu thereof a comma;
(3) by inserting "or at the intermediate rate authorized
between the rates authorized under subsections (n) and (o) of this
section and at the rate authorized under subsection (k) of this
section," after "subsection (p) of this section,"; and
(4) by striking out "compensation under subsection (o) or (p)
of this section--" and inserting in lieu thereof "compensation--".
Sec. 105. Subsection (p) of section 314 is amended by inserting
before the semicolon at the end thereof a period and " Any intermediate
rate under this subsection shall be established at the arithmetic mean,
rounded to the nearest dollar, between the two rates concerned".
Sec. 201. (a) Subsection (a) of section 411 // 92 Stat. 1562. 38
USC 411. // is amended to read as follows:
"(a) Dependency and indemnity compensation shall be paid to a
surviving spouse, based on the pay grade of the person upon whose death
entitlement is predicated, at monthly rates set forth in the following
table: pay grade Monthly rate E-1 $326 E-2 337 E-3 345 E-4 367 E-5 377
E-6 386 E-7 404 E-8 426 E-9 446 W-1 413 W-2 430 W-3 442 Pay grade
Monthly rate W-4 $468 O-1 413 O-2 426 O-3 457 O-4 482 O-5 532 O-6 598
O-7 648 O-8 710 O-9 763 O-10 835
"/1/ If the veteran served as sergeant major of the Army, senior
enlisted advisor of the Navy, chief master sergeant of the Air Force,
sergeant major of the Marine Corps, or master chief petty officer of the
Coast Guard, at the applicable time designated by section 402 of this
title, the surviving spouse's rate shall be $480.
"/2/ If the veteran served as Chairman of the Joint Chiefs of Staff,
Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of
the Air Force, or Commandant of the Marine Corps, at the applicable time
designated by section 402 of this title, the surviving spouse's rate
shall be $895.".
(b) Subsection (b) of such section is amended by striking out "$35"
and inserting in lieu thereof "$38".
(c) Subsection (c) of such section is amended by striking out "$89"
and inserting in lieu thereof "$98".
(d) Subsection (d) of such section is amended by striking out "$45"
and inserting in lieu thereof "$49".
CHILDREN
Sec. 202. Section 413 // 92 Stat. 1563. 38 USC 413. // is
amended--,
(1) by striking out "$150" in clause (1) and inserting in lieu
thereof "$165";
(2) by striking out "$216" in clause (2) and inserting in lieu
thereof "$237";
(3) by striking out "$278" in clause (3) and inserting in lieu
thereof "$306"; and
(4) by striking out "$278" and "$56" in clause (4) and
inserting in lieu thereof "$306" and "$62", respectively.
COMPENSATION
FOR CHILDREN
Sec. 203. Section 414 // 38 USC 414. // is amended--,
(1) by striking out "$89" in subsection (a) and inserting in
lieu thereof "$98";
(2) by striking out "$150" in subsection (b) and inserting in
lieu thereof "$165"; and
(3) by striking out "$76" in subsection (c) and inserting in
lieu thereof "$84".
Sec. 301. (a) Subsection (b) of section 725 // 38 USC 725. // is
amended--,
(1) by inserting "and" after the semicolon at the end of clause
(6); and
(2) by striking out the semicolon at the end of clause (7) and
all that follows in such subsection and inserting in lieu thereof
a period.
(b) Subsection (c) of such section is amended--,
(1) by striking out clause (4);
(2) by redesignating clauses (5), (6), and (7) as clauses (4),
(5), and (6), respectively; and
(3) by inserting "and" after the semicolon at the end of clause
(5) (as so redesignated).
(c) The first sentence of subsection (d) of such section is amended
by striking out "shall be made from that fund" and inserting in lieu
thereof a comma and "including payments of dividends and refunds of
unearned premiums, shall be made from that fund and the interest earned
on the assets of that fund".
PAYABLE TO
BENEFICIARIES
Sec. 302. (a) Subchapter I of chapter 19 is amended by adding at the
end thereof the following new section:
" Sec. 726. // 38 USC 726. // Authority for higher interest rates
for amounts payable to beneficiaries
" Notwithstanding sections 702, 723, and 725 of this title, if the
beneficiary of an insurance policy receives the proceeds of such policy
under a settlement option under which such proceeds are paid in equal
monthly installments over a limited period of months, the interest that
may be added to each such installment may be at a rate that is higher
than the interest rate prescribed in the appropriate section of this
subchapter. The Administrator may from time to time establish a higher
interest rate under the preceding sentence only in accordance with a
determination that such higher rate is administratively and actuarially
sound for the program of insurance concerned. Any such higher interest
rate shall be paid on the unpaid balance of such monthly installments.".
(b) The table of sections at the beginning of such chapter is amended
by inserting after the item relating to section 725 the following new
item: "726. Authority for higher interest rates for amounts payable to
beneficiaries.".
Sec. 303. (a) Subchapter II of chapter 19 is amended by adding at
the end thereof the following new section:
" Sec. 761. // 38 USC 761. // Authority for higher interest rates
for amounts payable to beneficiaries
" Notwithstanding section 744(b) of this title, if the beneficiary of
an insurance policy issued under the provisions of this subchapter
receives the proceeds of such policy under a settlement option under
which such proceeds are paid in equal monthly installments over a
limited period of months, the interest that may be added to each such
installment may be at a rate that is higher than the interest rate
prescribed in such section. The Administrator may from time to time
establish a higher interest rate under the preceding sentence only in
accordance with a determination that such higher rate is
administratively and actuarially sound. Any such higher interest rate
shall be paid on the unpaid balance of such monthly installments.".
(b) The table of sections at the beginning of such chapter is amended
by inserting after the item relating to section 760 the following new
item: "761. Authority for higher interest rates for amounts payable to
beneficiaries.".
Sec. 304. Sections 718(b) and 753 // 38 USC 718, 753. // are
amended by striking out "his" and inserting in lieu thereof "such
person's".
Sec. 401. (a) Chapter 37 is amended by adding at the end thereof the
following new section:
" Sec. 1828. // 38 USC 1828. // Exemption from State anti-usury
provisions
" If, under any law of the United States, loans and mortgages insured
under title I or title II of the National Housing Act are exempt from
the application of the provisions of any State constitution or law
limiting the rate or amount of interest, discount points, or other
charges which may be charged, taken, received, or reserved by lenders,
then loans guaranteed or insured under this chapter are also exempt from
the application of such provisions.".
(b) The table of sections at the beginning of such chapter is amended
by adding at the end thereof the following new item: "1828. Exemption
from State anti-usury provisions.".
Sec. 501. (a) Section 611(c)(1) is amended by striking out
"recognized by the Administrator for the purposes of" and inserting in
lieu thereof "named in, or approved by the Administrator under,".
(b) Section 612 A(d) is amended by striking out the comma after "this
title)".
(c) Section 620 A is amended--,
(1) by striking out "of" after "treatment facilities" in
paragraph (1) of subsection (a) and inserting in lieu thereof
"for"; and
(2) by striking out the comma after "such request" in paragraph
(2) of subsection (d).
(d) Section 663(d) is amended by striking out "order to carry" and
inserting in lieu thereof "carrying".
(e) Section 5005(a) is amended by striking out "section 5031 of this
title" // 38 USC 5031. // and inserting in lieu thereof "subchapter III
of this chapter".
TO
OCCUPATIONAL HAZARDS DURING MILITARY SERVICE
Sec. 502. // 26 USC 6103 // In order to effectuate more fully the
policy underlying the enactment of section 6103(m)(3) of the Internal
Revenue Code of 1954 // 92 Stat. 2921. 26 USC 6103. // regarding the
location, for certain purposes, of individuals who are, or may have
been, exposed to occupational hazards, the Director of the National
Institute of Occupational Safety and Health, upon request by the
Administrator of Veterans' Affairs (or the head of any other Federal
department, agency, or instrumentality), shall (1) pursuant to such
section 6103(m)(3), request the mailing addresses of individuals who
such Administrator (or such department, agency, or instrumentality head)
certifies may have been exposed to occupational hazards during active
military, naval, or air service (as defined in section 101(24) of title
38, United States Code), and (2) provide such addresses to such
Administrator (or such department, agency, or instrumentality head) to
be used solely for the purpose of locating such individuals as part of
an activity being carried out by or on behalf of the Veteran's
Administration (or such other department, agency, or instrumentality) to
determine the status of their health or to inform them of the possible
need for medical care and treatment and of benefits to which they may be
entitled based on disability resulting from exposure to such
occupational hazards.
Sec. 601. // 38 USC 314. // (a)(1) Except as provided in paragraph
(2) of this subsection, the admendments made by titles I and II and the
provisions of section 101(b) shall take effect as of October 1, 1979.
(2) With respect to the amendment made by clause (1) of section 101(
a), that portion of the amendment amending subsection (k) of section 314
to increase certain monthly rates of compensation shall take effect as
of September 1, 1980, and that portion of the amendment amending such
subsection to increase certain maximum monthly amounts of compensation
shall take effect as of October 1, 1979.
(b) The amendments made by titles III, IV, and V shall take effect on
the date of the enactment of this Act.
Approved November 28, 1979.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 310 (Comm. on Veterans' Affairs).
SENATE REPORTS: No. 96 - 260 accompanying S. 689 and No. 96 - 280
(Comm. on Veterans' Affairs).
CONGRESSIONAL RECORD, Vol. 125 (1979):
July 16, considered and passed House.
Aug. 3, considered and passed Senate, amended, in lieu of S.
689.
Oct. 30, House concurred in Senate amendments with amendments.
Nov. 15, Senate concurred in House amendments with an
amendment.
Nov. 16, House concurred in Senate amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 15, No. 48:
Nov. 28, Presidential statement.
PUBLIC LAW 96-127, 93 STAT, 981
as amended, to extend until
September 30, 1981, the requirement that the price of
milk be supported at not
less than 80 per centum of the parity price therefor.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) the second
sentence of subsection (c) of section 201 of the Agricultural Act of
1949, as amended (7 U.S.C. 1446(c)), is amended by striking out " March
31, 1979" and inserting in lieu thereof " September 30, 1981".
(b) The first sentence of subsection (d) of such section (7 U.S.C.
1446(d)) is amended by striking out " March 31, 1981" and inserting in
lieu thereof " September 30, 1981".
Approved November 28, 1979.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 278 (Comm. on Agriculture)
SENATE REPORT No. 96 - 400 accompanying S. 6 (Comm. on Agriculture,
Nutrition, and Foredtry).
CONGRESSIONAL RECORD, Vol. 125 (1979):
Oct. 29, Nov. 8, considered and passed House.
Nov. 15, S. 6 considered in Senate and indefinitely postponed;
H.R. 4167 considered and passed Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 15, No. 48:
Nov. 28, Presidential statement.
PUBLIC LAW 96-126, 93 STAT, 954
Interior and related agencies for
the fiscal year ending September 30, 1980, and for
other purposes.
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 Department of the Interior and related agencies
for the fiscal year ending September 30, 1980, and for other purposes,
namely:
For expenses necessary for protection, use, improvement, development,
disposal, cadastral surveying, classification, and performance of other
functions, as authorized by law, in the management of lands and their
resources under the jurisdiction of the Bureau of Land Management,
$301,896,000.
For acquisition of lands and interests therein, and construction and
maintenance of buildings, recreation facilities, roads, trails, and
appurtenant facilities, $16,343,000, to remain available until expended.
For expenses necessary to implement the Act of October 20, 1976 (31
U.S.C. 1601), 108,000,000, of which not to exceed $315,000 shall be
available for administrative expenses: Provided, That this
appropriation may be used to correct underpayments in the previous
fiscal year to achieve equity among all qualified recipients.
For expenses necessary for management, protection, and development of
resources and for construction, operation, and maintenance of access
roads, reforestation, and other improvements on the revested Oregon and
California Railroad grant lands, on other Federal lands in the Oregon
and California land-grant counties of Oregon, and on adjacent
rights-of-way; and acquisition of lands or interests therein including
existing connecting roads on or adjacent to such grant lands; an amount
equivalent to 25 per centum of the aggregate of all receipts during the
current fiscal year from the revested Oregon and California Railroad
grant lands, to remain available until expended: Provided, That the
amount appropriated herein for the purposes of this appropriation on
lands administered by the Forest Service shall be transferred to the
Forest Service, Department of Agriculture: provided further, That the
amount appropriated herein for road construction on lands other than
those administered by the Forest Service shall be transferred to the
Federal Highway Administration, Department of Transportation: Provided
further, That the amount appropriated herein is hereby made a
reimbursable charge against the Oregon and California land grant fund
and shall be reimbursed to the general fund in the Treasury in
accordance with the provisions of the second paragraph of subsection (b)
of title II of the Act of August 28, 1937 (50 Stat. 876): // 43 USC
1181f. // Provided further, That not less than $62,700,000 available
from receipts shall be obligated in fiscal year 1980 for Oregon and
California grant lands.
For rehabilitation, protection, and improvement of Federal range
lands pursuant to section 401 of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1701), // 43 USC 1751. // sums equal to fifty
percent of all monies received during the prior fiscal year under
sections 3 and 15 of the Taylor Grazing Act (43 U.S.C. 315, et seq.), //
43 USC 315b, 315m. // but not less than $10,000,000 (430 U.S.C. 1901),
// 43 U.S.C. 1901. // and the amount designated for range improvements
from grazing fees and mineral leasing receipts from Bankhead-Jones lands
transferred to the Department of the Interior pursuant to law, to remain
available until expended.
FACILITIES
For recreation management activities and for construction, operation,
and maintenance of outdoor recreation facilities, including collection
of special recreation use fees, to remain available until expended,
$300,000, to be derived from the special receipt accounts established by
section 4(f) of the Land and Water Conservation Fund Act (16 U.S.C. 4601
- 6a(f)), // 16 USC 460l-6a. // as amended--,
For administrative expenses and other costs related to processing
application documents and other authorizations for use and disposal of
public lands and resources, for monitoring construction, operation, and
termination of facilities in conjunction with use authorizations, and
for rehabilitation of damaged property, such amounts as may be collected
under sections 304(a), 304(b), 305(a), and 504(g) of the Act approved
October 21, 1976 (43 U.S.C. 1701); // 43 USC 1734, 1735, 1764. // and
sections 101 and 203 of Public Law 93 - 153, // 30 USC 185. 43 USC
1652. // to be immediately available until expended.
In addition to amounts authorized to be expended under existing law,
there is hereby appropriated such amounts as may be contributed under
section 307 of the Act of October 21, 1976 (43 U.S.C. 1701), // 43 USC
1737. // and such amounts as may be advanced for administrative costs,
surveys, appraisals, and costs of making conveyances of omitted lands
under section 211(b) of that Act. // 43 USC 1721. //
Appropriations for the Bureau of Land Management shall be available
for purchase, erection, and dismantlement of temporary structures,
insurance on official motor vehicles, aircraft, and boats operated by
the Bureau of Land Management in Canada; and alteration and maintenance
of necessary buildings and appurtenant facilities to which the United
States has title; $10,000 for payment, at the discretion of the
Secretary, for information or evidence concerning violations of laws
administered by the United States Bureau of Land Management;
miscellaneous and emergency expenses of enforcement activities,
authorized or approved by the Secretary and to be accounted for solely
on his certificate, not to exceed $10,000: Provided, That
appropriations herein made for the Bureau of Land Management
expenditures in connection with the revested Oregon and California
Railroad and reconveyed Coos Bay Wagon Road grant lands (other than
expenditures made under the appropriation " Oregon and California grant
lands") shall be reimbursed to the general fund of the Treasury from the
25 per centum referred to in subsection (c), title II, of the Act
approved August 28, 1937 (50 Stat. 876), of the special fund designated
the " Oregon and California land grant fund" and section 4 of the Act
approved May 24, 1939 (53 Stat. 754), of the special fund designated the
" Coos Bay Wagon Road grant fund": Provided further, That
appropriations herein made may be expended on a reimbursable basis for
(1) surveys of lands other than those under the jurisdiction of the
Bureau of Land Management and (2) protection of lands for the State of
Alaska: Provided further, That the Secretary of the Interior and
Secretary of Agriculture shall (a) review Federal agricultural financial
assistance programs to determine to what extent such programs provide
opportunities to assist livestock operators adversely affected by
reductions in grazing allotments on public rangelands, as defined in the
section 3 of the Public Rangelands Improvement Act of 1978 (43 U.S. C.
1902); and (b) submit the results of this review to the Committees on
Appropriations of the House of Representatives and the Senate within
ninety days of the effective date of this Act, together with details on
available programs, opportunities for more effective use of such
programs, additional budget requirements needed to augment such
programs, and any legislation needed to improve opportunities for
assistance: Provided further, That the Secretary of the Interior shall
develop criteria for extending, on a case-by-case basis, the period
allowed for phased livestock reductions on public rangelands
administered through the Bureau of Land Management up to five years.
Such criteria shall take into account available agricultural assistance
programs, the magnitude ofprojected livestock reductions, alternative
pasturage available and ability of such public rangelands to sustain
such phasing in of livestock reductions without damage to rangeland
productivity: Provided further, That an appeal of any reductions in
grazing allotments on public rangelands must be taken within 30 days
after receipt of a final grazing allotment decision or 90 days after the
effective date of this Act in the case of reductions ordered during
1979, whichever occurs later. Reductions of up to 10 per centum in
grazing allotments shall become effective when so designated by the
Secretary of the Interior. Upon appeal any proposed reduction in excess
of 10 per centum shall be suspended pending final action on the appeal,
which shall be completed within 2 years after the appeal is filed.
For expenses necessary in carrying out the provisions of the Water
Research and Development Act of 1978 (Public Law 95 - 467) // 92 Stat.
1305. // and provisions of the Water Research and Development Act of
1977, // 42 USC 7801 // as amended (42 U.S.C. 1959 - 1959i), // 92 Stat.
1316. 91 Stat. 400. // $30,781,000, of which $11,464,000 shall remain
available for obligation until September 30, 1981.
For necessary expenses of the Heritage Conservation and Recreation
Service, not otherwise provided for, $15,351,000.
For expenses necessary to carry out the provisions of the Urban Park
and Recreation Recovery Act of 1978 (title 10 of Public Law 95 - 625) //
92 Stat. 3538. 16 USC 2501 // $125,000,000, to remain available until
expended.
For Expenses necessary to carry out the provisions of the Land and
Water Conservation Fund Act of 1965, as amended (16 U.S.C. 4601 - 4 -
11), including $7,393,000 for administrative expenses of the Heritage
Conservation and Recreation Service during the current fiscal year, and
acquisition of land or waters, or interest therein, in accordance with
the statutory authority applicable to the State or Federal agency
concerned, to be derived from the Land and Water Conservation Fund,
established by section 2 of said Act // 16 USC 460l-5. // as amended,
to remain available until expended, not to exceed $509,194,000, of which
(1) not to exceed $300,000,000 shall be available for payments to the
States in accordance with section 6(c) of said Act; // 16 USC 460l-8.
// (2) not to exceed $2,750,000 shall be available to the Bureau of Land
Management; (3) not to exceed $22,373,000 shall be available to the
Forest Service; (4) not to exceed $11,750,000 shall be available to the
United States Fish and Wildlife Service; (5) not to exceed $152,928,000
shall be available to the National Park Service; and (6) not to exceed
$12,000,000 shall be available for land acquisition at Pinelands
National Reserve, including $800,000 for planning, only in accordance
with the authorization and matching requirements of section 502 of
Public Law 95 - 625: // 16 USC 471i. // Provided, That not to exceed
$9,000,000 of the amount provided for State assistance may be available
as a contingency reserve to be administered by the Secretary to meet
unforeseen needs of the States: Provided further, That the $12,500,000
available to the Forest Service in fiscal year 1979 for acquisition of
the Kahle and Jennings properties may be used to acquire the Jennings
property and other properties in the Tahoe Basin of California and
Nevada without regard to the matching requirements and zoning
restrictions included in the 1979 appropriations Act.
For expenses necessary in carrying out the provisions of the Historic
Preservation Act of 1966 (80 Stat. 915), as amended (16 U.S.C. 470),
$55,000,000, to be derived from the Historic Preservation Fund,
established by section 108 of that Act, // 16 USC 470h. // as amended,
to remain available for obligation until September 30, 1981: Provided,
That not to exceed fifteen percent of the funds in this appropriation
may be used for grants for renovation of State and local government
buildings still in use for governmental purposes: Provided further,
That not to exceed $1,000,000 may be available as a discretionary
reserve to be administered by the Secretary for special or innovative
preservation programs.
None of the funds appropriated to the Heritage Conservation and
Recreation Service may be used to process any grant or contract
documents which do not include the text of 18 U.S.C. 1913: Provided,
That none of the funds appropriated to the Heritage Conservation and
Recreation Service may be used to add industrial facilities to the list
of National Historic Landmarks without the consent of the owner.
For expenses necessary for scientific and economic studies,
conservation, management, investigations, protection, and utilization of
sport fishery and wildlife resources, except whales, seals, and sea
lions, and for the performance of other authorized functions related to
such resources; and maintenance of the herd of long-horned cattle on
the Wichta Mountains Wildlife Refuge, $206,641,000, of which not to
exceed $5,000,000 shall remain available until expended: Provided, That
funds in this appropriation may be used to issue regulations that will
permit modification to the habitat of a threatened or endangered species
when the net effect of the modification is equal to, favorable to, and
not adverse to the protection of the species.
For construction and acquisition of buildings and other facilities
required in the conservation, management, investigations, protection,
and utilization of sport fishery and wildlife resources, and the
acquisition of lands and interests therein; and for expenses necessary
to carry out the Anadromous Fish Conservation Act (16 U.S.C. 757a -
757f); $58,757,000, to remain available until expended: Provided, That
$4,712,000 shall become available only upon enactment of S. 838 or
similar legislation.
For an advance to the migratory bird conservation account, as
authorized by the Act of October 4, 1971, as amended (16 U.S.C. 715k-3,
5), $15,000,000, to remain avalable until expended.
For construction, operation, and maintenance of outdoor, recreation
facilities, including collection of special recreation use fees, to
remain available until expended, $200,000, to be derived from the
special receipt account established by section 4(f) of the Land and
Water Conservation Fund Act (16 U.S.C. 4601 - 6a(f)), // 16 USC 460l-6a.
// as amended.
Appropriations and funds available to the United States Fish and
Wildlife Service shall be available for purchase of not to exceed 209
passenger motor vehicles, of which 188 are for replacement only
(including 124 for police-type use); purchase of 2 aircraft for
replacement only; not to exceed $100,000 for payment, at the discretion
of the Secretary, for information, rewards, or evidence concerning
violations of laws administered by the United States Fish and Wildlife
Service; miscellaneous and emergency expenses of enforcement
activities, authorized or approved by the Secretary and to be accounted
for solely on his certificate, not to exceed $75,000; publication and
distribution of bulletins as authorized by law (7 U.S. C. 417);
insurance on official motor vehicles, aircraft and boats operated by the
United States Fish and Wildlife Service in Mexico and Canada; repair of
damage to public roads within and adjacent to reservation areas caused
by operations of the United States Fish and Wildlife Service; options
for the purchase of land at not to exceed $1 for each option;
facilities incident to such public recreational uses on conservation
areas as are not inconsistent with their primary purpose, and the
maintenance and improvement of aquaria, buildings and other facilities
under the jurisdiction of the United States Fish and Wildlife Service
and to which the United States has title, and which are utilized
pursuant to law in connection with management and investigation of fish
and wildlife resources.
For expenses necessary for the management, operation, and maintenance
of areas and facilities administered by the National Park Service
(including special road maintenance service to trucking permittees on a
reimbursable basis); the acquisition of water rights; expenses
necessary for investigations and studies to determine suitability of
areas to be included in the National Park System, the designation of
wilderness areas, and the management of water resources; the
preparation of plans for existing and proposed park and recreation
areas; provisions of technical assistance to other Federal agencies,
and to States and private institutions in the planning, development, and
operation of landmarks, parks and recreation areas; and for financial
or other assistance in planning, development, and operation of areas as
authorized by law or pursuant to agreements with other Federal agencies,
States, or private institutions, including not to exceed $319,000 for
the Roosevelt Campobello International Park Commission, $382,775,000:
Provided, That not to exceed $5,000,000 may be available for operation
of the National Visitor Center and of that amount not to exceed
$3,500,000 may be used for payment of rent: Provided further, That the
Park Service shall not enter into future concessionaire contracts,
including renewals, that do not include a termination for cause clause
that provides for possible extinguishment of possessory interests
excluding depreciated book value of concessionaire investments without
compensation: Provided further, That $105,000 shall be available for
the National Park Service to assist the Town of Harpers Ferry, West
Virginia, for police force use.
For construction, improvements, repair or replacement of physical
facilities, without regard to the Act of August 24, 1912, as amended (16
U.S.C. 451), $112,154,000, to remain available until expended:
Provided, That $15,500,000 shall be available from the Highway Trust
Fund to liquidate contract authority provided under section 105(a)(8) of
Public Law 94 - 280 // 90 Stat. 427. // for engineering services,
roadway excavation, and pilot boring for the Cumberland Gap Tunnel, as
authorized by section 160 of Public Law 93 - 87. // 87 Stat. 278. //
Appropriations previously provided in this account to liquidate
contract authority in the amount of $5,552,000 are rescinded.
FACILITIES
For construction, operation, and maintenance of outdoor recreation
facilities, without regard to the Act of August 24, 1912, as amended (16
U.S.C. 451); including collection of special recreation use fees, to
remain available until expended, $16,217,000, to be derived from the
special receipt accounts established by section 4(f) of the Land Water
Conservation Fund Act (16 U.S.C. 4601 - 6a(f)), // 16 USC 460l-6a. //
as amended.
For expenses necessary for operating and maintaining the
nonperforming arts functions of the John F. Kennedy Center for the
Performing Arts, $4,030,000.
Appropriations for the National Park Service shall be available for
the purchase of not to exceed 216 passenger motor vehicles, of which 172
shall be for replacement only, including not to exceed 105 for
police-type use; and to provide, notwithstanding any other provision of
law, at a cost not exceeding $100,000, transportation for children in
nearby communities to and from any unit of the National Park System used
in connection with organized recreation and interpretive programs of the
National Park Service: Provided, That any funds available to the
National Park Service may be used, with the approval of the Secretary,
to maintain law and order in emergency and other unforeseen law
enforcement situations in the National Park System; and to provide
insurance on official motor vehicles and aircraft operated by the
National Park Service in Mexico and Canada.
For expenses necessary for the Geological Survey to perform surveys,
investigations, and research covering topography, geology, and the
mineral and water resources of the United States, its Territories and
possessions, and other areas as authorized by law (43 U.S.C. 31, 1332,
and 1340); classify lands as to mineral character and water and power
resources; give engineering supervision to power permittees and Federal
Energy Regulatory Commission licensees; enforce departmental
regulations applicable to oil, gas, and other mining leases, permits,
licenses, and operating contracts; control the interstate shipment of
contraband oil as required by law (15 U.S.C. 715); administer the
minerals exploration program (30 U.S.C. 641); and publish and
disseminate data relative to the foregoing activities; $452,055,000, of
which $39,027,000 shall be available only for cooperation with States or
municipalities for water resources investigations: Provided, That no
part of this appropriation shall be used to pay more than one-half the
cost of any topographic mapping or water resources investigations
carried on in cooperation with any State or municipality.
For necessary expenses in carrying out the provisions of section 104
of Public Law 94 - 258, // 42 USC 6504. // $175,627,000, to remain
available until expended: Provided, That the Secretary of the Interior
shall review the rates being charged to the residents of Barrow for
natural gas to determine if a proceeding should be instituted to revise
such rates.
The amount appropriated for the Geological Survey shall be available
for purchase of not to exceed 23 passenger motor vehicles, of which 18
shall be for replacement only; reimbursement to the General Services
Administration for security guard services, contracting for the
furnishing of topographic maps and for the making of geophysical or
other specialized surveys when it is administratively determined that
such procedures are in the public interest; construction and
maintenance of necessary buildings and appurtenant facilities;
acquisition of lands for observation wells; expenses of the U.S.
National Committee on Geology; and payment of compensation and expenses
of persons on the rolls of the Geological Survey appointed, as
authorized by law, to represent the United States in the negotiation and
administration of interstate compacts.
For expenses necessary for conducting inquiries, technological
investigations and research concerning the extraction, processing, use
and disposal of mineral substances without objectionable social and
environmental costs; to foster and encourage private enterprise in the
development of mineral resources and the prevention of waste in the
mining, minerals, metal and mineral reclamation industries; to inquire
into the economic conditions affecting those industries; to promote
health and safety in mines and the minerals industry through research;
and for other related purposes as authorized by law, $132,753,000, of
which $106,151,000 shall remain available until expended.
Contract authority for " Development and Operation of Helium
Properties" provided by Public Law 87 - 122 for the fiscal year 1980 //
75 Stat. 246. // is rescinded in the amount of $47,500,000.
The Secretary is authorized to accept lands, buildings, equipment,
and other contributions from public and private sources and to prosecute
projects in cooperation with other agencies, Federal, State, or private:
Provided, That the Bureau of Mines is authorized during the current
fiscal year, to sell directly or through any Government agency,
including corporations, any metal or mineral product that may be
manufactured in pilot plants operated by the Bureau of Mines, and the
proceeds of such sales shall be covered into the Treasury as
miscellaneous receipts.
For necessary expenses to carry out the provisions of the Surface
Mining Control and Reclamation Act of 1977, Public Law 95 - 87, // 30
USC 1201 // $84,687,000.
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 // to remain available until expended, $94,916,000, to be
derived from receipts of the Abandoned Mine Reclamation Fund.
For expenses necessary to provide education and welfare services for
Indians, either directly or in cooperation with States and other
organizations, including payment (in advance or from date of admission)
of care, tuition, assistance, and other expenses of Indians in boarding
homes, institutions, or schools; grants and other assistance to needy
Indians; maintenance of law and order and payment of rewards for
information or evidence concerning violations of law on Indian
reservation lands or treaty fishing rights tribal use areas;
management, development, improvement, and protection of resources and
appurtenant facilities under the jurisdiction of the Bureau of Indian
Affairs, including payment of irrigation assessments and charges;
acquisition of water rights; advances for Indian industrial and
business enterprises; operation of Indian arts and crafts shops and
museums; development of Indian arts and crafts, as authorized by law;
and for the general administration of the Bureau of Indian Affairs,
including such expenses in field offices, $789,051,000 of which not to
exceed $58,753,000 for higher education scholarships and assistance to
public schools under the Act of April 16, 1934, // 25 USC 452 - 457. //
shall remain available for obligation until September 30, 1981, and the
funds made available to tribes and tribal organizations through
contracts authorized by the Indian Self-Determination and Education
Assistance Act of 1975 (88 Stat. 2203; 25 U.S.C. 450) shall remain
available until September 30, 1981: Provided, That this carryover
authority does not extend to programs directly operated by the Bureau of
Indian Affairs; and includes expenses necessary to carry out the
provisions of section 19(a) of Public Law 93 - 531, // 25 USC 640d-18.
// $5,485,000, to remain available until expended: Provided further,
That none of these funds shall be expended as matching funds for
programs funded under section 103(a)(1)(B)(iii) of the Vocational
Education Act of 1963 as amended by the Act of June 3, 1977 (Public Law
95 - 40): // 20 USC 2303. // Provided further, That, notwithstanding
the provisions of section 6 of the Act of April 16, 1934 (48 Stat.
596), as added by section 202 of the Indian Education Assistance Act (88
Stat. 2213, 2214; 25 U.S.C. 457), funds appropriated pursuant to this
or any other Act for fiscal years ending September 30 of 1979 and 1980
may be utilized to reimburse school districts for up to the full per
capita cost of educating Indian students (1) who are normally residents
of the State in which such school districts are located but do not
normally reside in such districts, and (2) who are residing in Federal
boarding facilities for the purpose of attending public schools within
such districts.
For construction, major repair and improvement of irrigation and
power systems, buildings, utilities, and other facilities; acquisition
of lands and interests in land; preparation of lands of farming; and
architectural and engineering services by contract, including a
$5,000,000 interest free loan to the Confederated Tribes of the Warm
Springs Reservation of Oregon to be repaid to the Revolving Fund for
Loans established in the Bureau of Indian Affairs at the end of a
20-year period after the effective date of this Act, $89,374,000, to
remain available until expended: Provided, That such amounts as may be
available for the construction of the Navajo Indian Irrigation Project
may be transferred to the Bureau of Reclamation.
For construction of roads and bridges pursuant to authority contained
in 23 U.S.C. 203, and 25 U.S.C. 13, 318a, $66,479,000, to remain
available until expended.
For transfer to the Alaska Native Fund, in the fourth quarter of
fiscal year 1980, to provide for settlement of certain land claims by
Natives and Native groups of Alaska, and for other purposes, based on
aboriginal land claims, as authorized by the Act of December 18, 1971
(Public Law 92 - 203), // 43 USC 1601 // $30,000,000: Provided, That
for purposes of meeting its obligation under section 6(a)(3) and section
9 of the Alaska Native Claims Settlement Act // 43 USC 1605, 1608. //
in connection with the requirement that $500,000,000 be paid into the
Alaska Native Fund, any and all revenues paid into such fund by the
State of Alaska from sources other than those specified in section 9 of
such Act shall, notwithstanding any other provision of law, be construed
as payments by the State of Alaska to the Fund within the meaning of
sections 6(a)(3) and 9 of the Alaska Native Claims Settlement Act // 43
USC 1605, 1608. // and credited toward the $500,000,000 to be deposited
in the Alaska Native Fund under such sections.
In addition to the tribal funds authorized to be expended by existing
law, there is hereby appropriated not to exceed $3,000,000 from tribal
funds not otherwise available for expenditure for the benefit of Indians
and Indian tribes, including pay and travel expenses of employees;
care, tuition, and other assistance to Indian children attending public
and private schools (which may be paid in advance or from date of
admission); purchase of land and improvements on land, title to which
shall be taken in the name of the United States in trust for the tribe
for which purchased; lease of lands and water rights; compensation and
expenses of attorneys and other persons employed by Indian tribes under
approved contracts; pay, travel, and other expenses of tribal officers,
councils, and committees thereof, or other tribal organizations,
including mileage for use of privately owned automobiles and per diem in
lieu of subsistence at rates established administratively but not to
exceed those applicable to civilian employees of the Government; relief
of Indians, without regard to section 7 of the Act of May 27, 1930 (46
Stat. 391) // 18 USC 4124 // including cash grants: Provided, That in
addition to the amount appropriated herein, tribal funds may be advanced
to Indian tribes during the current fiscal year for such purposes as may
be designated by the governing body of the particular tribe involved and
approved by the Secretary.
For settlement of the Salt River Pima-Maricopa Indian Reservation
boundary dispute, pursuant to Public Law 95 - 399, // 92 Stat. 851. //
$1,965,000 to be paid to the Salt River Pima-Maricopa Indian Community
and $1,952,000 to be paid in accordance with the second sentence of
section 5(b)(2): // 92 Stat. 854. // Provided, That notwithstanding
any other provision of law, the payments provided herein shall
constitute a complete release and satisfaction of any claim which any
person may have against the United States, the Salt River Pima-Maricopa
Indian Community, or holder of any interest with respect to any right,
title, or interest in any portion of the parcels of land described in
paragraphs 1 through 9 of section 3(b) and/or subparagraphs (A),(B), or
(C) of section 3(a)(2) of Public Law 95 - 399 which are located north of
the boundary line referred in section 3(a)(2) of Public Law 95 - 399.
Appropriations for the Bureau of Indian Affairs (except the revolving
fund for loans) shall be available for expenses of exhibits; purchase
of not to exceed 225 passenger carrying motor vehicles of which 122
shall be for replacement only, which may be used for the transportation
of Indians; advance payments for services (including services which may
extend beyond the current fiscal year) under contracts executed pursuant
to the Act of June 4, 1936 (25 U.S.C. 452), the Act of August 3, 1956
(25 U.S.C. 309), and legislation terminating Federal supervision over
certain Indian tribes; and expenses required by continuing or permanent
treaty provisions: Provided, That no part of any appropriations to the
Bureau of Indian Affairs shall be available to continue academic and
residential programs of the Chilocco and Seneca boarding schools,
Oklahoma beyond June 15, 1980.
For expenses necessary for the administration of Territories under
the jurisdiction of the Department of the Interior, $86,661,000, of
which (1) not to exceed $82,589,000 shall be available for grants to the
judiciary in American Samoa for compensation and expenses, as authorized
by law (48 U.S.C. 1661(c)); grants to American Samoa, in addition to
current local revenues, for support of governmental functions; grants
to Guam, as authorized by law (48 U.S.C. 1428 - 1428e; Public Law 95 -
134; 91 Stat. 1161, 1162, 1163; Public Law 95 - 348; 92 Stat. 487,
488); grants to the Government of the Virgin Islands as authorized by
law (Public Law 95 - 348, 92 Stat. 490); expenses of the Northern
Mariana Islands Federal Laws Commission as authorized by law (Public Law
94 - 241, 90 Stat. 268); // 48 USC 1681 // direct grants to the
Government of the Northern Mariana Islands as authorized by law (Public
Law 94 - 241, 90 Stat. 272), to remain available until expended; and
(2) not to exceed $4,072,000 shall be available for expenses of the
offices of the Government Comptroller for the Virgin Islands, the
Government Comptroller for Guam, Trust Territory of the Pacific Islands,
and the Northern Mariana Islands as authorized by law (Public Law 95 -
134; 91 Stat. 1161, 1162), // 48 USC 1681 // and the Government
Comptroller for American Samoa, and for salaries and expenses of the
Office of Territorial Affairs: Provided, // 48 USC 1401f, 1423l, 1665.
// That the Territorial and local governments herein provided for are
authorized to make purchases through the General Services
Administration: Provided further, // 48 USC 1470a. // That
appropriations available for the administration of Territories may be
expended for the purchase, charter, maintenance, and operation of
surface vessels for official purposes and for commercial transportation
purposes found by the Secretary to be necessary: Provided further, //
48 USC 1469b. // That all financial transactions of the Territorial and
local governments herein provided for, including such transactions of
all agencies or instrumentalities established or utilized by such
governments, shall be audited by the General Accounting Office, in
accordance with the provisions of the Budget and Accounting Act, 1921
(42 Stat. 23) // 31 USC 1. // as amended, and the Accounting and
Auditing Act of 1950 (64 Stat. 834): // 31 USC 65 // Provided further,
That of the grants to the Government of the Virgin Islands appropriated
herein, $10,000,000 shall become available for obligation only in such
amounts as may be equal to funds provided by the Government of the
Virgin Islands when the Government Comptroller of the Virgin Islands
shall certify that such funds are revenues of the Government of the
Virgin Islands from new taxes or increased tax rates enacted subsequent
to June 12, 1979.
For expenses necessary for the Department of the Interior in
administration of the Trust Territory of the Pacific Islands pursuant to
the Trusteeship Agreement approved by joint resolution of July 18, 1947
(61 Stat. 397), // 22 USC 287 // and the Act of June 30, 1954 (68 Stat.
330), as amended (90 Stat. 299; 91 Stat. 1159; 92 Stat. 495), // 48
USC 1681 // grants for the expenses of the High Commissioner of the
Trust Territory of the Pacific Islands; grants for the compensation and
expenses of the Judiciary of the Trust Territory of the Pacific Islands;
grants to the Trust Territory of the Pacific Islands in addition to
local revenues, for support of governmental functions; $113,785,000,
and of the amount appropriated under this head in Public Law 95 - 355,
// 92 Stat. 527. // $1,400,000 shall be for an ex gratia payment to the
people of Bikini Atoll, to remain available until expended: Provided,
// 48 USC 1683. // That all financial transactions of the Trust
Territory, including such transactions of all agencies or
instrumentalities established or utilized by such Trust Territory, shall
be audited by the General Accounting Office in accordance with the
provisions of the Budget and Accounting Act, 1921 (42 Stat. 23), as
amended, // 31 USC 1. // and the Accounting and Auditing Act of 1950
(64 Stat. 834): // 31 USC 65. 48 USC 1682. // Provided further, That
the government of the Trust Territory of the Pacific Islands is
authorized to make purchases through the General Services
Administration: Provided further, // 48 USC 1687. // That
appropriations available for the administration of the Trust Territory
of the Pacific Islands may be expended for the purchase, charter,
maintenance, and operation of surface vessels for official purposes and
for commercial transportation purposes found by the Secretary to be
necessary in carrying out the provisions of article 6(2) of the
Trusteeship Agreement // 61 Stat. 3302. // approved by Congress.
ASSISTANCE
There is hereby appropriated for the fiscal year 1980 and for each
fiscal year thereafter, such sums as are authorized to be remitted to
the Territories of Guam and the Virgin Islands under sections 1(c) and
4(c)(2) of Public Law 95 - 348, 92 Stat. 487. // 48 USC 1421h. 1645.
//
For necessary expenses of the Office of the Solicitor, $15,741,000.
For necessary expenses of the Office of the Secretary of the
Interior, including necessary expenses for certain operations that
provide departmentwide services, including not less than $9,000,000 for
an Office of Construction Management, $49,344,000, of which not to
exceed $5,000 may be for official reception and representation expenses.
PROGRAMS)
For payment in foreign currencies which the Treasury Department shall
determine to be excess to the normal requirements of the United States,
for necessary expenses of the Office of the Secretary, as authorized by
law, $1,000,000, to remain available until expended: Provided, That
this appropriation shall be available, in addition to other
appropriations, to such office for payments in the foregoing currencies
(7 U.S.C. 1704).
Sec. 101. Appropriations made in this title shall be available for
expenditure or transfer (within each bureau or office), with the
approval of the Secretary, for the emergency reconstruction,
replacement, or repair of aircraft, buildings, utilities, or other
facilities or equipment damaged or destroyed by fire, flood, storm, or
other unavoidable causes: Provided, That no funds shall be made
available under this authority until funds specifically made available
to the Department of the Interior for emergencies shall have been
exhausted.
Sec. 102. The Secretary may authorize the expenditure or transfer of
any appropriation in this title, in addition to the amounts included in
the budget programs of the several agencies, for the suppression or
emergency prevention of forest or range fires on or threatening lands
under jurisdiction of the Department of the Interior and for the
emergency rehabilitation of burned-over lands under its jurisdiction,
and for emergency reclamation projects under section 410 of Public Law
95 - 87: // 30 USC 1240. // Provided, That appropriations made in this
title for fire suppression purposes shall be available for the payment
of obligations incurred during the preceding fiscal year, and for
reimbursement to other Federal agencies for destruction of vehicles,
aircraft, or other equipment in connection with their use for fire
suppression purposes, such reimbursement to be credited to
appropriations currently available at the time of receipt thereof:
Provided further, That no appropriations made in this title shall be
available for acquisition of automatic data processing equipment,
software, or services in excess of $1,000,000 systems life cost, without
prior approval of the Secretary.
Sec. 103. Appropriations made in this title shall be available for
operation of warehouses, garages, shops, and similar facilities,
wherever consolidation of activities will contribute to efficiency or
economy, and said appropriations shall be reimbursed for services
rendered to any other activity in the same manner as authorized by the
Act of June 30, 1932 (31 U.S.C. 686): Provided, That reimbursements for
costs of supplies, materials, equipment, and for services rendered may
be credited to the appropriation current at the time such reimbursements
are received.
Sec. 104. Appropriations made to the Department of the Interior in
this title shall be available for services as authorized by 5 U.S.C.
3109, when authorized by the Secretary, in total amount not to exceed
$300,000; hire, maintenance, and operation of aircraft; hire of
passenger motor vehicles; purchase of reprints; payment for telephone
service in private residences in the field, when authorized under
regulations approved by the Secretary, and the payment of dues, when
authorized by the Secretary, for library membership in societies or
associations which issue publications to members only or at a price to
members lower than to subscribers who are not members.
Sec. 105. Appropriations available to the Department of the Interior
for salaries and expenses shall be available for uniforms or allowances
therefor, as authorized by law (5 U.S.C. 5901 - 5902 and D. C. Code 4 -
204).
Sec. 106. In addition to the aircraft specifically authorized under
this Act there is hereby authorized for acquisition 2 aircraft for
replacement only, both of which shall be from surplus.
Sec. 107. Appropriations made in this title shall be available for
obligation in connection with contracts issued by the General Services
Administration for services or rentals for periods not in excess of
twelve months beginning at any time during the fiscal year.
Sec. 108. No appropriations made in this title shall be available
for implementation of any decision with regard to any lease,
administrative transfer, or withdrawal not now existing of lands and
waters comprising Wild Horse Reservoir, Nevada, or any lands immediately
adjacent thereto: Provided, That this limitation is not applicable to
water necessary for current or future irrigation practices.
Sec. 109. No appropriations made in this title shall be available
for the identification of lands not now so identified or acquisition (by
withdrawal, transfer or purchase) of lands for or associated with the
Unique Wildlife Ecosystem Program as now defined by the United States
Fish and Wildlife Service not authorized by law under an existing
program.
For expenses necessary for forest management, protection, and
utilization as follows:
Research: For necessary expenses of forest research as authorized by
law, $108,795,000.
State and Private Forestry: For necessary expenses of cooperating
with, and providing technical and financial assistance to, States,
Territories, possessions, and others; and for forest insect and
disease, and noxious farm weed activities, $72,879,000: Provided, That
$20,453,000 appropriated for forest insect and disease activities shall
remain available for obligation until September 30, 1981.
National Forest System: For necessary expenses of the Forest
Service, not otherwise provided for, for management, protection,
improvement, and utilization of the National Forest System, and for
liquidation of obligations incurred in the preceding fiscal year for
forest fire protection and emergency rehabilitation, $825,532,000, of
which $186,725,000 for reforestation, timber stand improvement,
cooperative law enforcement, and maintenance of forest development roads
and trails shall remain available for obligation until September 30,
1981.
For necessary expenses of the Forest Service, not otherwise provided
for, for construction and land acquisition, $423,412,000, to remain
available until expended, of which $28,835,000 is for construction and
acquisition of buildings and other facilities; $392,565,000 is for
construction of forest development roads and trails by the Forest
Service and construction and maintenance of forest development roads by
timber purchasers; and $2,012,000 is for acquisition of land and
interests therein, required for management, protection, utilization, and
research for the National Forest System and other Forest Service
resources.
For expenses necessary to carry out the provisions of the Act of
August 13, 1970, as amended by Public Law 93 - 408, // 42 USC 2711 //
$54,000,000: Provided, That $27,000,000 shall be available to the
Secretary of the Interior and $27,000,000 shall be available to the
Secretary of Agriculture.
Funds previously appropriated under this head may be recovered from
receipts deposited on the applicable national forest. Such funds, when
recovered, may be expended and recovered on any national forest.
For acquisition of land within the exterior boundaries of the Cache
National Forest, Utah; Uinta and Wasatch National Forests, Utah;
Toiyabe National Forest, Nevada; Angeles National Forest, California;
and, San Bernardino and Cleveland National Forests, California, as
authorized by law, $325,000, to be derived from forest receipts.
For acquisition of lands in accordance with the Act of December 4,
1967 (16 U.S.C. 484a), all funds deposited by public school authorities
pursuant to that Act, to remain available until expended.
For necessary expenses of range rehabilitation, protection, and
improvement in accordance with section 401(b)(1) of the Act of October
21, 1976, Public Law 94 - 579, // 43 USC 1751. // as amended, fifty
percent of all moneys received during the prior fiscal year as fees for
grazing domestic livestock on lands in National Forests in the sixteen
western States, to remain available until expended.
For construction, operation, and maintenance of outdoor recreation
facilities, including collection of special recreation use fees, all
revenues deposited during the prior fiscal year, except amounts
distributed as otherwise provided by law, in the special account
established pursuant to section 4(f) of the Land and Water Conservation
Fund Act, as amended (16 U.S.C. 4601 - 6a(f)) // 16 USC 460l-6a. //
Provided, That these funds may be merged with and made a part of the
Forest Management, Protection and Utilization appropriation: Provided
further, That funds not merged with the Forest Management, Protection
and Utilization appropriation shall remain available until expended.
Appropriations to the Forest Service for the current fiscal year
shall be available for: (a) purchase of not to exceed 268 passenger
motor vehicles of which 7 will be used primarily for law enforcement
purposes and of which 250 shall be for replacement only, acquisition of
51 passenger motor vehicles from excess sources, and hire of such
vehicles; operation and maintenance of aircraft, the purchase of not to
exceed 4 for replacement only, and acquisition of 61 aircraft from
excess sources; (b) employment pursuant to the second sentence of
section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to
exceed $100,000 for employment under 5 U.S.C. 3109; (c) uniforms, or
allowances therefor, as authorized by law (5 U.S.C. 5901 - 5902); (d)
purchase, erection, and alteration of buildings and other public
improvements (7 U.S.C. 2250); (e) acquisition of land, waters, and
interests therein, pursuant to the Act of August 3, 1956 (7 U.S.C.
428a); (f) for expenses pursuant to the Volunteers in the National
Forest Act of 1972 (16 U.S.C. 558a, 558d, 558a note).
None of the funds made available under this Act shall be obligated or
expended to change the boundaries of any region, to abolish any region,
to move or close any regional office for research, State and private
forestry, and National Forest System administration of the Forest
Service, Department of Agriculture, without the consent of the House and
Senate Committees on Appropriations and the Committee on Agriculture,
Nutrition, and Forestry in the U.S. Senate and the Committee on
Agriculture in the U.S. House of Representatives.
Any appropriations or funds available to the Forest Service may be
advanced to the National Forest System limitation for the emergency
rehabilitation of burned over lands under its jurisdiction.
Appropriations and funds available to the Forest Service shall be
available to comply with the requirements of section 313(a) of the
Federal Water Pollution Control Act, as amended (33 U.S.C. 1323(a)).
Funds available under the Act of March 4, 1913 (16 U.S.C. 501), may
be merged with and made a part of the Construction and Land Acquisition
and/or the Forest Management, Protection, and Utilization
Appropriations.
In order to expedite the domestic development and production of
alternative fuels and to reduce dependence on foreign supplies of energy
resources by establishing such domestic production at maximum levels at
the earliest time practicable, there is hereby established in the
Treasury of the United States a special fund to be designated the "
Energy Security Reserve", to which is appropriated $19,000,000,000, to
remain available until expended: Provided, That these funds shall be
available for obligation only to stimulate domestic commercial
production of alternative fuels and only to the extent provided in
advance in appropriations Acts: Provided further, That of these funds
$1,500,000,000 shall be available immediately to the Secretary of Energy
to carry out the provisions of the Federal Nonnuclear Energy Research
and Development Act of 1974, as amended (42 U.S.C. 5901, et seq.), to
remain available until expended, for the purchase or production by way
of purchase commitments or price guarantees of alternative fuels:
Provided further, That the Secretary shall immediately begin the
contract process for purchases of, or commitments to purchase, or to
resell alternative fuels to the extent of appropriations provided
herein: Provided further, That of these funds an additional $708,000
shall be available immediately to the Secretary of Energy, to remain
available until expended, to support preliminary alternative fuels
commercialization activities under the Federal Nonnuclear Energy
Research and Development Act of 1974, // 42 USC 5901 // as amended, of
which (1) not to exceed $100,000,000 shall be available for project
development feasibility studies, such individual awards not to exceed
$4,000,000: Provided, That the Secretary may require repayment of such
funds where studies determine that such project proposals have economic
or technical feasibility; (2) not to exceed $100,000,000 shall be
available for cooperative agreements with non-Federal entities, such
indivdiual agreements not to exceed $25,000,000 to support commercial
scale development of alternative fuels facilities; (3) not to exceed
$500,000,000 shall be available for a reserve to cover any defaults from
loan guarantees issued to finance the construction of alternative fuels
production facilities as authorized by the Federal Nonnuclear Energy
Research and Development Act of 1974, // 42 USC 5901 // as amended:
Provided, That the indebtedness guaranteed or committed to be guaranteed
under this appropriation shall not exceed the aggregate of
$1,500,000,000; and (4) not to exceed $8,000,000 shall be available for
program management.
This Act shall be deemed to satisfy the requirements for
congressional action pursuant to section 7(c) and 19 of said Act // 42
USC 5906, 5918. // with respect to any purchase commitment, price
guarantee, or loan guarantee for which funds appropriated hereby are
utilized or obligated.
For the purpose of this appropriation the term "alternative fuels",
means gaseous, liquid, or solid fuels and chemical feedstocks derived
from coal, shale, tar sands, lignite, peat, biomass, solid waste,
unconventional natural gas, and other minerals or organic materials
other than crude oil or any derivative thereof.
Within ninety days following enactment of this Act, the Secretary of
Energy in his sole discretion shall issue a solicitation for
applications which shall include criteria for project development
feasibility studies described in this account.
Loan guarantees for oil shale facilities issued under this
appropriation may be used to finance construction of full-sized
commercial facilities without regard to the proviso in section 19(b)(1)
of said Act requiring the prior demonstration of a modular facility.
In any case in which the Government, under the provisions of this
appropriation, accepts delivery of and does not resell any alternative
fuels, such fuels shall be used by an appropriate Federal agency. Such
Federal Agency shall pay into the reserve the market price, as
determined by the Secretary, for such fuels from sums appropriated to
such Federal agency for the purchase of fuels. The Secretary shall pay
the contractor, from sums appropriated herein, the contract price for
such fuels.
All amounts received by the Secretary under this appropriation,
including fees, any other monies, property, or assets derived by the
Secretary from operations under this appropriation shall be deposited in
the reserve.
All payments for obligations and appropriate expenses (including
reimbursements to other Government accounts), pursuant to operations of
the Secretary under this appropriation shall be paid from the reserve
subject to appropriations.
For the establishment in the Treasury of the United States of a
special fund to be designated the " Solar and Conservation Reserve",
$1,000,000,000 to remain available until expended: Provided, That these
funds shall be available for obligation only to stimulate solar energy
and conservation: Provided further, That the withdrawal of said funds
shall be subject to the passage of authorizing legislation and only to
the extent provided in advance in appropriations Acts.
Beginning six months after the date of enactment of this Act, and
every six months thereafter, the Secretary is required to submit to the
Congress a written report detailing the activities carried out pursuant
to this appropriation.
For necessary expenses in carrying out fossil energy research and
development activities, under the authority of the Department of Energy
Organization Act (Public Law 95 - 91), // 42 USC 7101 // $746,627,000,
to remain available until expended: Provided, That no part of the sum
herein appropriated shall be used for the field testing of nuclear
explosives in the recovery of oil and gas.
For necessary expenses in connection with the purchase and
construction of fossil energy plants, including the acquisition of
interests, including defeasible and equitable interests in any real
property or any facility or for plant or facility acquisition or
expansion, $103,250,000, to remain available until expended.
For necessary expenses in carrying out energy production,
demonstration, and distribution activities, $111,221,00, of which
$88,750,000 shall remain available until expended.
For necessary expenses in carrying out energy conservation
activities, $628,702,000, to remain available until expended: Provided,
That of the total amount of this appropriation, not to exceed $1,450,000
shall be available for a reserve to cover any defaults from loan
guarantees issued for electric or hybrid vehicle research, development,
and production as authorized by section 10 of the Electric and Hybrid
Vehicle Research, Development and Demonstration Act of 1976 (15 U.S.C.
2509): Provided further, That the indebtedness guaranteed or committed
to be guaranteed under said law shall not exceed the aggregate of
$16,000,000: Provided further, That $141,250,000 appropriated in Public
Law 95 - 240 // 92 Stat. 107. // for conservation grants for schools
and health care facilities and $17,500,000 appropriated in Public Law 95
- 240 for conservation grants for local government buildings shall
remain available until expended: Provided further, That none of the
funds provided for state conservation grants shall be available to any
jurisdiction that has not implemented section 362(c)(5) of Public Law 94
- 163. // 42 USC 6322. //
For necessary expenses in carrying out the activities of the Economic
Regulatory Administration and the Office of Hearings and Appeals,
$152,879,000: Provided, That noen of the funds herein appropriated
shall be available to pay the expenses of parties intervening in
regulatory proceedings before the Economic Regulatory Administration.
For necessary expenses in carrying out the activities of the Energy
Information Administration, $87,273,000.
Appropriations to the Department of Energy under this Act for the
current fiscal year shall be available for hire of passenger motor
vehicles; hire, maintenance, and operation of aircraft; purchase,
repair, and cleaning of uniforms; and reimbursement to the General
Services Administration for security guard services.
From this appropriation, transfers of sums may be made to other
agencies of the government for the performance of work for which this
appropriation is made.
None of the funds made available to the Department of Energy under
this Act shall be used to implement or finance authorized price support
or loan guarantee programs unless specific provision is made for such
programs in this or future appropriations Acts.
The Secretary is authorized to accept lands, buildings, equipment and
other contributions from public and private sources and to prosecute
projects in cooperation with other agencies, Federal, State, or private:
Provided, That revenues received from the sale of any products produced
in facilities operated as part of Department of Energy programs
appropriated under this Act shall be covered into the Treasury as
miscellaneous receipts.
For expenses necessary to carry out the Act of August 5, 1954 (68
Stat. 674), // 42 USC 2001. // the Indian Self-Determination Act, the
Indian Health Care Improvement Act, // 25 USC 450 // and title III and V
and section 757 of the Public Health Service Act, // 42 USC 241 //
including hire of passenger motor vehicles and aircraft; purchase of
reprints; payments for telephone service in private residences in the
field, when authorized under regulations approved by the Secretary,
$538,874,000: Provided, That funds made available to tribes and tribal
organizations through grants and contracts authorized by the Indian
Self-Determination and Education Assistance Act of 1975 (88 Stat. 2203;
25 U.S.C. 450) shall remain available until September 30, 1981.
For construction major repair, improvement, and equipment of health
and related auxiliary facilities, including quarters for personnel;
preparation of plans, specifications, and drawings; acquisition of
sites; purchase and erection of portable buildings; purchase of
trailer; and for provision of domestic and community sanitation
facilities for Indians, as authorized by section 7 of the Act of August
5, 1954 (42 U.S.C. 2004a), the Indian Self-Determination Act and the
Indian Health Care Improvement Act, $74,302,000, to remain available
until expended: Provided, That not to exceed $20,000,000 of the amounts
collected by the Secretary of Health, Education, and Welfare under the
authority of title IV of the Indian Health Care Improvement Act // 90
Stat. 1408. 42 USC 1395qq. // shall be available until September 30,
1981, for the purpose of achieving compliance with the applicable
conditions and requirements of titles XVIII and XIX of the Socialk
Security Act // 42 USC 1395, 1396 // (exclusive of planning, design,
construction of new facilities, or major renovation of existing Indian
Health Service facilities).
ADMINISTRATION
Appropriations in this Act to the Health Services Administration,
available for salaries and expenses, shall be available for services as
authorized by 5 U.S.C. 3109 but at rates not to exceed the per diem
equivalent t the rate for GS-18, for uniforms or allowances therefor as
authorized by law (5 U.S.C. 5901 - 5902), and for expenses of attendance
at meetings which are concerned with the functions or activities for
which the appropriation is made or which will contribute to improved
conduct, supervision, or management of those functions or activities:
Provided, That none of the funds appropriated under this Act to the
Indian Health Service shall be available for the lease of permanent
structures without advance provision therefor in appropriations Act.
For carrying out, to the extent not otherwise provided, Part A
($52,000,000), and Parts B and C ($21,430,000) of the Indian Education
Act, // 20 USC 241aa // and the General Education Provision Act,
$75,900,000.
For carrying out title II of the Arts, Humanities, and Cultural
Affairs Act of 1976, // 20 USC 961 // $10,900,000: Provided, That none
of these funds shall be available for the compensation of Executive
Level V or higher positions: // 5 USC 5316. // Provided further, That
none of the funds appropriated to the Institute of Museum Services may
be used to process any grant or contract documents which do not include
the text of 18 U.S.C. 1913.
For necessary expenses of the Navajo and Hopi Indian Relocation
Commission as authorized by Public Law 93 - 531, // 20 USC 640d. //
$950,000 for operating expenses of the Commission.
For necessary expenses of the Smithsonian Institution, including
research in the fields of art, science, and history; development,
preservation, and documentation of the National Collections;
presentation of public exhibits and performances; collection,
preparation, dissemination, and exchange of information and
publications; conduct of education, training, and museum assistance
programs; maintenance, alteration, operation, and protection of
buildings, facilities, and approaches; not to exceed $100,000 for
services as authorized by 5 U.S.C. 3109; up to 3 replacement passenger
vehicles; purchase, rental, repair, and cleaning of uniforms for
employees; $103,781,000: Provided, That funds appropriated herein are
available for advance payments to independent contractors performing
research services or participating in official Smithsonian
presentations: Provided further, That none of these funds shall be
available to the Smithsonian Research Foundation.
For payments in foreign currencies which the Treasury Department
shall determine to be excess to the normal requirements of the United
States, for necessary expenses for carrying out museum programs,
scientific and cultural research, and related educational activities, as
authorized by law, $4,200,000, to remain available until expended and to
be available only to United States institutions: Provided, That this
appropriation shall be available, in addition to other appropriations to
the Smithsonian Institution, for payments in the foregoing currencies:
Provided further, That none of these funds shall be available to the
Smithsonian Research Foundation: Provided further, That not to exceed
$500,000 may be used to make grant awards to employees of the
Smithsonian Institution.
PARK
For necessary expenses of planning, construction, remodeling, and
equipping of buildings and facilities at the National Zoological Park,
by contract or otherwise, $6,250,000, to remain available until
expended.
For necessary expenses of restoration and renovation of buildings
owned or occupied by the Smithsonian Institution, by contract or
otherwise, as authorized by section 2 of the Act of August 22, 1949 (63
Stat. 623), // 20 USC 53a. // including not to exceed $10,000 for
services as authorized by 5 U.S.C. 3109, $5,250,000, to remain available
until expended.
For necessary expenses to construct museum support facilities,
including not to exceed $50,000 for services as authorized by 5 U.S.C.
3109, $20,600,000, to remain available until expended.
For the upkeep and operations of the National Gallery of Art, the
protection and care of the works of art therein, and administrative
expenses incident thereto, as authorized by the Act of March 24, 1937
(50 Stat. 51), // 20 USC 71. / as amended by the public resolution of
April 13, 1939 (Public Resolution 9, Seventy-sixth Congress), including
services as authorized by 5 U.S.C. 3109; payment in advance when
authorized by the treasurer of the Gallery for membership in library,
museum, and art associations or societies whose publications or services
are available to members only, or to members at a price lower than to
the general public; purchase, repair, and cleaning of uniforms for
guards and elevators operators, and uniforms, or allowances therefor,
for other employees as authorized by law (5 U.S.C. 5901 - 5902);
purchase, or rental of devices and services for protecting buildings and
contents thereof, and maintenance, alteration, improvement, and repair
of buildings, approaches, and grounds; purchase of one passenger motor
vehicle for replacement only; and not to exceed $70,000 for restoration
and repair of works of art for the National Gallery of Art by contracts
made, without advertising, with individuals, firms, or organizations at
such rates or prices and under such terms and conditions as the Gallery
may deem proper, $22,241,000.
CENTER
FOR SCHOLARS
For expenses necessary in carrying out the provisions of the Woodrow
Wilson Memorial Act of 1968 (82 Stat. 1356), // 20 USC 80e // including
hire of passenger vehicles and services as authorized by 5 U.S.C. 3109,
$1,611,000.
For necessary expenses to carry out the National Foundation on the
Arts and the Humanities Act of 1965, // 20 USC 951 // as amended,
$109,000,000, of which $97,000,000 shall be available to the National
Endowment for the Arts for the support of projects and productions in
the arts through assistance to groups and individuals pursuant to
section 5(c) of the Act, // 20 USC 954. // of which not less than 20
per centum of the funds provided for section 5(c) shall be available for
assistance pursuant to section 5(g) of the Act, and $12,000,000 shall be
available for administering the functions of the Act.
To carry out the provisions of section 10(a)(2) of the National
Foundation on the Arts and the Humanities Act of 1965, // 20 USC 959.
// as amended, $45,400,000, to remain available until September 30,
1981, to the National Endowment for the Arts, of which $26,900,000 shall
be available for purposes of section 5(1): Provided, That this
appropriation shall be available for obligation only in such amounts as
may be equal to the total amounts of gifts, bequests, and devises of
money, and other property accepted by the Chairman under the provisions
of section 10(a)(2) during the current and preceding fiscal years and
the transition period, for which equal amounts have not previously been
appropriated.
For necessary expenses to carry out the National Foundation on the
Arts and the Humanities Act of 1965, // 20 USC 952 // as amended,
$111,700,000, of which $100,300,000 shall be available to the National
Endowment for the Humanities for support of activities in the humanities
pursuant to section 7(c) of the Act, // 20 USC 956. // of which not
less than 20 per centum shall be available for assistance pursuant to
section 7(f) of the Act, and $11,400,000 shall be available for
adminstering the functions of the Act.
To carry out the provisions of section 10(a)(2) of the National
Foundation on the Arts and the Humanities Act of 1965, // 20 USC 959.
// as amended, $38,400,000, to remain available until September 30,
1981, of which $27,000,000 shall be available to the National Endowment
for the Humanities for the purposes of section 7(h): Provided, That
this appropriation shall be available for obligation only in such
amounts as may be equal to the total amount of gifts, bequests, and
devises of money, and other property accepted by the Chairman under the
provisions of section 10(a)(2) during the current and preceding fiscal
years and the transition period, for which equal amounts have not
previously been appropriated.
None of the funds appropriated to the National Foundation on the Arts
and the Humanities may be used to process any grant or contract
documents which do not include the text of 18 U.S.C. 1913.
For expenses made necessary by the Act establishing a Commission of
Fine Arts (40 U.S.C. 104), $268,000.
For expenses made necessary by the Act establishing an Advisory
Council on Historic Preservation, Public Law 94 - 422, // 16 USC 470.
// $1,350,000: Provided, That none of these funds shall be available
for the compensation of Executive Level V or higher positions. // 5 USC
5316. //
For necessary expenses, as authorized by the National Capital
Planning Act of 1952 (40 U.S.C. 71 - 71i), including services as
authorized by 5 U.S.C. 3109; and uniforms or allowances therefor, as
authorized by law (5 U.S.C. 5901 - 5902), $1,975,000.
For necessary expenses of the Franklin Delano Roosevelt Memorial
Commission, established by the Act of August 11, 1955 (69 Stat. 694), as
amended by Public Law 92 - 332 (86 Stat. 401), $40,000, to remain
available for obligation until September 30, 1981.
For necessary expenses, as authorized by section 17(a) of Public Law
92 - 578, // 40 USC 885. // as amended, $1,856,000 for operating and
administrative expenses of the Corporation.
The Pennsylvania Avenue Development Corporation is authorized to
borrow from the Treasury of the United States $17,000,000, pursuant to
the terms and conditions specified in paragraph 10, section 6, of Public
Law 92 - 578. // 40 USC 875. //
For public development activities and projects in accordance with the
development plan as authorized by section 17(b) of Public Law 92 - 578,
// 40 USC 885. // $20,110,000, to remain available for obligation until
expended.
For necessary expenses of the Federal Inspector for the Alaska Gas
Pipeline, $10,600,000, of which $3,600,000 shall remain available until
expended.
For an additional amount for " Community services program",
$1,350,000,000: Provided, That of this amount $1,200,000,000 shall be
transferred by allocation to the Secretary of Health, Education, and
Welfare for payment of energy grants and allowances and related
administrative costs: Provided further, That energy allowances shall
not be considered as income or resources under any other public or
publicly assisted income tested program, but shall be taken into
consideration in determining eligibility for energy crisis assistance:
Provided further, That the States shall, in awarding funds, give
priority to those households experiencing significant increases in
heating fuel costs over the levels of the previous year: Provided
further, That States shall, in establishing such priority, provide for
determining the extent to which increases in rents are caused by
increases in heating fuel costs and consider such portions of increases
in rents to be increases in heating costs: Provided further, That proof
of income eligiblity shall be required of all applicants: Provided
further, That an annual audit shall be made of this program and all of
its components: Provided further, That no awards to applicants shall be
made after June 30, 1980: Provided further, That $400,000,000 shall be
paid as a special one-time energy allowance to recipients of
Supplemental Security Income distributed among the States according to
the following formula: (1) 33 1/3 per centum based on the number of
heating degree days squared times the number of households below 128 per
centum of poverty; 33 1/3 per centum based on the difference in home
heating energy expenditures between 1978 and 1979; (3) 33 1/3 per
centum based on the number of Supplemental Security Income recipients
(other than those receiving no more than $25 because of their presence
in a Medicaid institution) in each State relative to the national total:
Provided further, That no Supplemental Security Income recipient shall
receive more than $250 from the funds provided for Supplemental Security
Income recipients: Provided further, That the remainder of any funds
that would have been allotted to any State for Supplemental Security
Income recipients if no maximum payment limitation had been in existence
shall be allocated based on the State determination previously made in
regard to funds provided for special energy allowances to recipients of
Aid to Families with Dependent Children (AFDC) or block grants to
States: Provided further, That $942,600,000 shall be distributed among
the States according t the following formula: (1) 50 per centum based
on the number of heating degree days squared times the number of
households below 125 per centum of poverty; (2) 50 per centum based on
the difference in home heating energy expenditures between 1978 and
1979: Provided further, That, in the State Funding Plan, the Governor
shall provide assistance for those who pay fuel bills indirectly as well
as directly: Provided further, That from revenues received from any
windfall profit taxes imposed by Federal law on producers of domestic
crude oil, there shall be reimbursed to the general fund of the Treasury
an amount equivalent to the amount of funds appropriated to carry out
the purposes of this paragraph: Provided further, That for the purposes
of this paragraph, the term " States" shall include the "insular areas"
of the United States.
Sec. 301. No part of any appropriation under this Act shall be
available to the Secretaries of the Interior and Agriculture for use for
any sale hereafter made of unprocessed timber from Federal lands west of
the 100th meridian in the contiguous 48 States which will be exported
from the United States, or which will be used as a substitute for timber
from private lands which is exported by the purchaser: Provided, That
this limitation shall not apply to specific quantities of grades and
species of timber which said Secretaries determine are surplus to
domestic lumber and plywood manufacturing needs.
Sec. 302. No part of any appropriation under this Act shall be
available to the Secretary of the Interior or the Secretary of
Agriculture for the leasing of oil and natural gas by noncompetitive
bidding on publicly owned lands within the boundaries of the Shawnee
National Forest, Illinois: Provided, That nothing herein is intended to
inhibit or otherwise affect the sale, lease, or right to access to
minerals owned by private individuals.
Sec. 303. None of the funds appropriated under this Act // 15 USC
753. // shall be available to implement any amendment to, or provision
of, the regulation under section 4(a) of the Emergency Petroleum
Allocation Act of 1973 providing for an increase or decrease in any
month beginning after the date of the enactment of this Act in the ratio
of the number of entitlements issued any firm with respect to any
imported refined petroleum product to the number of barrels of such
product imported by such firm in such month above the ratio in effect on
April 30, 1979 unless the President has transmitted such, amendment or
provision to the Congress as an "energy action" under section 551 of the
Energy Policy and Conservation Act (Public Law 94 - 163) // 42 USC 6421.
// and neither House of Congress has disapproved (or both Houses have
approved) such request in accordance with the procedures specified in
such section 551 of such Act.
Sec. 304. No part of any appropriation contained in this Act shall
be available for any activity or the publication or distribution of
literature that in any way tends to promote public support or opposition
to any legislative proposal on which congressional action is not
complete, in accordance with 18 U.S.C. 1913.
Sec. 305. No funds appropriated by this Act shall be available for
the implementation or enforcement of any rule or regulation of the
United States Fish and Wildlife Service, Department of the Interior,
requiring the use of steel shot in connection with the hunting of
waterfowl in any State of the United States unless the appropriate State
regulatory authority approves such implementation and enforcement.
Sec. 306. 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. 307. Notwithstanding the provisions of any other law,
appropriations in this Act or any other Act may be used to contract with
private firms to provide plant care or watering services except for
indoor office plants.
Sec. 308. Notwithstanding the provisions of any other law, the State
of Alaska is exempted from application of the provisions of section 7(i)
of the Export Administration Act of 1979 (Public Law 96 - 72).
Sec. 309. No funds appropriated by this Act in excess of $240,000
shall be available for the legal representation of the Pueblos of Nambe,
Tesuque, San Ildefonso, and Pojoaque, as plaintiffs-in-intervention, in
connection with the suit State of New Mexico v. Aamodt, U.S. District
Court No. 6639.
Approved November 27, 1979.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 96 - 374 (Comm. on Appropriations) and No. 96 -
604 (Comm. of Conference).
SENATE REPORT No. 96 - 363 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 125 (1979):
July 30, considered and passed House.
Oct. 12, 15, 16, 18, considered and passed Senate, amended.
Nov. 9, House agreed to conference report; concurred in
certain Senate amendments, in others with amendments; Senate
agreed to conference report and concurred in House amendments.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 15, No. 48:
Nov. 27, Presidential statement.
PUBLIC LAW 96-125, 93 STAT, 928, MILITARY CONSTRUCTION AUTHORIZATION
ACT, 1980.
installations for fiscal year 1980, 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 " Military Construction Authorization Act, 1980".
Sec. 101. The Secretary of the Army may establish or develop
military installations and facilities by acquiring, constructing,
converting, rehabilitating, or installing permanent or temporary public
works, including land acquisition, site preparation, appurtenances,
utilities, and equipment, for the following acquisition and
construction:
Fort Bragg, North Carolina, $1,250,000.
Fort Campbell, Kentucky, $18,200,000.
Fort Drum, New York, $690,000.
Fort Greely, Alaska, $820,000.
Fort Hood, Texas, $13,650,000.
Fort Hunter Liggett, California, $2,900,000.
Fort Lewis, Washington, $7,400,000.
Fort Meade, Maryland, $18,500,000.
Fort Ord, California, $17,380,000.
Fort Polk, Louisiana, $26,810,000.
Fort Richardson, Alaska, $5,250,000.
Fort Riley, Kansas, $28,350,000.
Fort Sheridan, Illinois, $1,200,000.
Schofield Barracks, Hawaii, $2,750,000.
Fort Stewart/ Hunter Army Air Field, Georgia, $39,900,000.
Yakima Firing Center, Washington, $1,100,000.
Camp Perry, Ohio, $1,000,000.
Fort Belvoir, Virginia, $2,420,000.
Fort Benning, Georgia, $12,800,000.
Fort Bliss, Texas, $30,000,000.
Fort Eustis, Virginia, $6,410,000.
Fort Benjamin Harrison, Indiana, $4,450,000.
Fort Knox, Kentucky, $22,815,000.
Fort Leavenworth, Kansas, $540,000.
Fort Lee, Virginia, $3,960,000.
Fort Rucker, Alabama, $2,080,000.
Fort Story, Virginia, $2,450,000.
Fort Leonard Wood, Missouri, $6,350,000.
READINESS
COMMAND
Aberdeen Proving Ground, Maryland, $8,400,000.
Anniston Army Depot, Alabama, $4,850,000.
Badger Army Ammunition Plant, Wisconsin, $650,000.
Corpus Christi Army Depot, Texas, $1,560,000.
Crane Army Ammunition Activity, Indiana, $2,490,000.
Detroit Arsenal, Michigan, $4,400,000.
Harry Diamond Laboratories, Maryland, $2,800,000.
Dugway Proving Ground, Utah, $520,000.
Indiana Army Ammunition Plant, Indiana, $1,010,000.
Iowa Army Ammunition Plant, Iowa, $2,060,000.
Joliet Army Ammunition Plant, Illinois, $5,800,000.
Kansas Army Ammunition Plant, Kansas, $650,000.
Lake City Army Ammunition Plant, Missouri, $3,800,000.
Letterkenny Army Depot, Pennsylvania, $1,200,000.
Lexington-Blue Grass Army Depot, Kentucky, $1,500,000.
Mc Alester Army Ammunition Plant, Oklahoma, $1,470,000.
Michigan Army Missile Plant, Michigan, $2,550,000.
Fort Monmouth, New Jersey, $1,650,000.
Newport Army Ammunition Plant, Indiana, $1,550,000.
Picatinny Arsenal, New Jersey, $9,750,000.
Radford Army Ammunition Plant, Virginia, $6,100,000.
Red River Army Depot, Texas, $8,600,000.
Redstone Arsenal, Alabama, $7,200,000.
Riverbank Army Ammunition Plant, California, $1,100,000.
Rock Island Arsenal, Illinois, $5,900,000.
Rocky Mountain Arsenal, Colorado, $6,500,000.
Scranton Army Ammunition Plant, Pennsylvania, $3,750,000.
Seneca Army Depot, New York, $8,350,000.
Sharpe Army Depot, California, $1,650,000.
Sierra Army Depot, California, $770,000.
Tobyhanna Army Depot, Pennsylvania, $10,410,000.
Tooele Army Depot, Utah, $1,050,000.
Volunteer Army Ammunition Plant, Tennessee, $810,000.
Watervliet Arsenal, New York, $1,300,000.
White Sands Missile Range, New Mexico, $5,750,000.
Yuma Proving Ground, Arizona, $4,300,000.
Holston Army Ammunition Plant, Tennessee, $830,000.
Indiana Army Ammunition Plant, Indiana, $10,490,000.
Lake City Army Ammunition Plant, Missouri, $140,000.
Lone Star Army Ammunition Plant, Texas, $1,890,000.
Longhorn Army Ammunition Plant, Texas, $170,000.
Louisiana Army Ammunition Plant, Louisiana, $670,000.
Milan Army Ammunition Plant, Tennessee, $450,000.
Radford Army Ammunition Plant, Virginia, $67,350,000.
Riverbank Army Ammunition Plant, California, $280,000.
Scranton Army Ammunition Plant, Pennsylvania, $720,000.
Fort Huachuca, Arizona, $1,150,000.
Fort Ritchie, Maryland, $7,850,000.
United States Military Academy, West Point, New York, $13,350,000.
Walter Reed Army Medical Center, District of Columbia, $650,000.
Bayonne Terminal, New Jersey, $920,000.
Oakland Army Base, California, $1,100,000.
Sunny Point Terminal, North Carolina, $31,290,000.
National Missile Range, $2,900,000.
Panama Area, Canal Zone, $26,060,000.
Okinawa, $2,700,000.
Germany, Various Locations, $128,490,000.
Various Locations, $2,800,000.
Sec. 102. The Secretary of the Army may establish or develop
installations and facilities by proceeding with construction made
necessary by changes in missions and responsibilities which have been
occasioned by (1) unforeseen security considerations, (2) new weapons
developments, (3) new and unforeseen research and development
requirements, (4) improved production schedule, or (5) revisions in the
tasks or functions assigned to a military installation or facility or
for environmental considerations, if the Secretary of Defense determines
that deferral of such construction for inclusion in the next Military
Construction Authorization Act would be inconsistent with interests of
national security and, in connection therewith, may acquire, construct,
convert, rehabilitate, or install permanent or temporary public works,
including land acquisition, site preparation, appurtenances, utilities,
and equipment, in the total amount of $20,000,000. The Secretary of the
Army, or the Secretary's designee, shall notify the Committees on Armed
Services of the Senate and House of Representatives, immediately upon
reaching a final decision to implement, of the cost of construction of
any public work undertaken under this section, including those real
estate actions pertaining thereto. This authorization shall expire on
October 1, 1980, or on the date of the enactment of the Military
Construction Authorization Act for fiscal year 1981, which ever is
later, except for those public works projects concerning which the
Committees on Armed Services of the Senate and House of Representatives
have been notified pursuant to this section prior to such date.
Sec. 103. The Secretary of the Army is authorized to accomplish
minor construction projects under section 2674 of title 10, United
States Code, in the amount of $52,270,000.
Sec. 201. The Secretary of the Navy may establish or develop
military installations and facilities by acquiring, constructing,
converting, rehabilitating, or installing permanent or temporary public
works, including land acquisition, site preparation, appurtenances,
utilities, and equipment, for the following acquisition and
construction:
Marine Corps Base, Camp Lejeune, North Carolina, $24,630,000.
Marine Corps Base, Camp Pendleton, California, $14,200,000.
Marine Corps Air Station, Cherry Point, North Carolina, $8,410,000.
Marine Corps Air Station, Kaneohe Bay, Hawaii, $4,800,000.
Marine Corps Recruit Depot, Parris Island, South Carolina,
$4,500,000.
Marine Corps Development and Education Command, Quantico, Virginia,
$7,300,000.
Marine Corps Air Station, Tustin, California, $3,400,000.
Marine Corps Base, Twentynine Palms, California, $5,700,000.
Marine Corps Air Station, Yuma, Arizona, $9,700,000.
Naval Submarine Support Base, Kings Bay, Kingsland, Georgia,
$20,330,000.
Naval Support Activity, Mare Island, California, $1,050,000.
Naval Station, Charleston, South Carolina, $3,600,000.
Naval Amphibious Base, Little Creek, Virginia, $1,670,000.
Naval Submarine Base, New London, Connecticut, $15,850,000.
Naval Air Station, Oceana, Virginia, $14,700,000.
Naval Station, Adak, Alaska, $19,950,000.
Naval Amphibious Base, Coronado, California, $1,600,000.
Naval Air Station, Lemoore, California, $6,300,000.
Naval Magazine, Lualualei, Hawaii, $15,700,000.
Naval Air Station, Miramar, California, $4,050,000.
Naval Air Station, North Island, California, $1,450,000.
Naval Station, San Diego, California, $9,200,000.
Navy Submarine Support Facility, San Diego, California, $3,200,000.
Naval Air Station, Whidbey Island, Washington, $2,650,000.
Fleet Combat Training Center, Atlantic, Dam Neck, Virginia, $720,000.
Naval Training Center, Great Lakes, Illinois, $6,300,000.
Naval Air Station, Memphis, Tennessee, $4,700,000.
Fleet Anti-Submarine Warfare Training Center, Atlantic, Norfolk,
Virginia, $1,200,000.
Naval Air Station, Pensacola, Florida, $820,000.
Fleet Training Center, San Diego, California, $8,300,000.
Naval Regional Medical Center, Camp Pendleton, California,
$2,050,000.
Naval Regional Medical Center, San Diego, California, $5,900,000.
Naval Air Rework Facility, Alameda, California, $3,500,000.
Puget Sound Naval Shipyard, Bremerton, Washington, $2,545,000.
Puget Sound Naval Supply Center, Bremerton, Washington, $1,000,000.
Charleston Naval Shipyard, Charleston, South Carolina, $2,250,000.
Naval Weapons Station, Charleston, South Carolina, $5,000,000.
Polaris Missile Facility Atlantic, Charleston, South Carolina,
$7,500,000.
Naval Air Rework Facility, Cherry Point, North Carolina, $750,000.
Naval Weapons Center, China Lake, California, $4,350,000.
Naval Weapons Station, Concord, California, $3,950,000.
Naval Weapons Support Center, Crane, Indiana, $690,000.
Naval Air Rework Facility, Jacksonville, Florida, $3,600,000.
Navy Fuel Depot, Jacksonville, Florida, $1,400,000.
Portsmouth Naval Shipyard, Kittery, Maine, $6,250,000.
Long Beach Naval Shipyard, Long Beach, California, $8,250,000.
Naval Air Engineering Center, Lakehurst, New Jersey, $700,000.
Naval Ordnance Station, Louisville, Kentucky, $1,850,000.
Navy Ship Parts Control Center, Mechanicsburg, Pennsylvania,
$2,400,000.
Naval Supply Center, Norfolk, Virginia, $25,960,000.
Naval Air Rework Facility, North Island, California, $3,200,000.
Naval Air Test Center, Patuxent River, Maryland, $4,540,000.
Pearl Harbor Naval Shipyard, Pearl Harbor, Hawaii, $7,300,000.
Navy Public Works Center, Pearl Harbor, Hawaii, $1,000,000.
Philadelphia Naval Shipyard, Philadelphia, Pennsylvania, $510,000.
Naval Construction Battalion Center, Port Hueneme, California,
$1,200,000.
Norfolk Naval Shipyard, Portsmouth, Virginia, $19,200,000.
Naval Ocean Systems Center, San Diego, California, $8,800,000.
Navy Supply Center, San Diego, California, $11,600,000.
Naval Weapons Station, Seal Beach, California, $960,000.
Naval Surface Weapons Center, Solomons Island, Maryland, $860,000.
Mare Island Naval Shipyard, Vallejo, California, $16,220,000.
Naval Weapons Station, Yorktown, Virginia, $2,270,000.
Naval Communications Unit, Cutler, Maine, $950,000.
Naval Security Group Activity, Adak, Alaska, $6,505,000.
Marine Corps Base, Camp Smedley D. Butler, Okinawa, Japan,
$11,700,000.
Al Ghardaqa Marine Laboratory, Hurgada, Arab Republic of Egypt,
$30,000.
Naval Air Station, Bermuda, $860,000.
Naval Station, Keflavik, Iceland, $17,650,000.
Naval Station, Roosevelt Roads, Puerto Rico, $1,300,000.
Naval Station, Rota, Spain, $6,600,000.
Naval Air Facility, Sigonella, Italy, $9,700,000.
Navy Public Works Center, Guam, Mariana Islands, $3,700,000.
Naval Communication Station, Harold E. Holt, Exmouth, Australia,
$2,500,000.
Naval Security Group Activity, Edsell, Scotland, $1,400,000.
Sec. 202. The Secretary of the Navy may establish or develop
installations and facilities by proceeding with construction made
necessary by changes in missions and responsibilities which have been
occasioned by (1) unforeseen security considerations, (2) new weapons
developments, (3) new and unforeseen research and development
requirements, (4) improved production schedules, or (5) revisions in the
tasks or functions assigned to a military installation or facility or
for environmental considerations, if the Secretary of Defense determines
that deferral of such construction for inclusion in the next Military
Construction Authorization Act would be inconsistent with interests of
national security and, in connection therewith, may acquire, construct,
convert, rehabilitate, or install permanent or temporary public works,
including land acquisition, site preparation, appurtenances, utilities,
and equipment, in the total amount of $20,000,000. The Secretary of the
Navy, or the Secretary's designee, shall notify the Committees on Armed
Services of the Senate and House of Representatives, immediately upon
reaching a final decision to implement, of the cost of construction of
any public work undertaken under this section, including those real
estate actions pertaining thereto. This authorization shall expire on
October 1, 1980, or on the date of the enactment of the Military
Construction Authorization Act for fiscal year 1981, whichever is later,
except for those public works projects concerning which the Committees
on Armed Services of the Senate and House of Representatives have been
notified pursuant to this section prior to such date.
Sec. 203. The Secretary of the Navy is authorized to accomplish
minor construction projects under section 2674 of title 10, United
States Code, in the amount of $33,160,000.
Sec. 204. The Secretary of the Navy is authorized to expend excess
foreign exchange funds in the amount of $580,000 for the construction of
a multipurpose marine biological laboratory at the Al Ghardaqa Marine
Laboratory, Hurgada, Arab Republic of Egypt.
Sec. 301. The Secretary of the Air Force may establish or develop
military installations and facilities by acquiring, constructing,
converting, rehabilitating, or installing permanent or temporary public
works, including land acquisition, site preparation, appurtenances,
utilities, and equipment, for the following acquisition and
construction:
Hill Air Force Base, Utah, $6,990,000.
Kelly Air Force Base, Texas, $6,350,000.
Newark Air Force Station, Ohio, $860,000.
Robins Air Force Base, Georgia, $10,750,000.
Tinker Air Force Base, Oklahoma, $15,600,000.
Wright-Patterson Air Force Base, Ohio, $15,500,000.
Arnold Engineering Development Center, Tennessee, $6,500,000.
Eglin Air Force Base, Florida, $5,100,000.
Hanscom Air Force Base, Massachusetts, $8,600,000.
Johnson Space Center, Texas, $12,400,000.
Maui Optical Site, Hawaii, $3,650,000.
White Sands Missile Range, New Mexico, $2,100,000.
Keesler Air Force Base, Mississippi, $840,000.
Lackland Air Force Base, Texas, $5,400,000.
Laughlin Air Force Base, Texas, $4,500,000.
Mather Air Force Base, California, $1,650,000.
Maxwell Air Force Base, Alabama, $6,600,000.
Sheppard Air Force Base, Texas, $2,050,000.
Vance Air Force Base, Oklahoma, $1,500,000.
Elmendorf Air Force Base, Alaska, $13,400,000.
Andrews Air Force Base, Maryland, $1,190,000.
Kirtland Air Force Base, New Mexico, $2,170,000.
Little Rock Air Force Base, Arkansas, $510,000.
Mc Chord Air Force Base, Washington, $4,100,000.
Pope Air Force Base, North Carolina, $5,400,000.
Richards-Gebaur Air Force Base, Missouri, $1,100,000.
Scott Air Force Base, Illinois, $10,060,000.
Travis Air Force Base, California, $6,300,000.
Castle Air Force Base, California, $5,300,000
Ellsworth Air Force Base, South Dakota, $17,000,000.
Grand Forks Air Force Base, North Dakota, $4,900,000.
Griffiss Air Force Base, New York, $8,080,000.
Grissom Air Force Base, Indiana, $4,700,000.
K.I. Sawyer Air Force Base, Michigan, $5,200,000.
March Air Force Base, California, $6,600,000.
Minot Air Force Base, North Dakota, $5,100,000.
Offutt Air Force Base, Nebraska, $2,190,000.
Vandenberg Air Force Base, California, $122,800,000.
Various Locations, $14,200,000.
Bergstrom Air Force Base, Texas, $7,850,000.
Cannon Air Force Base, New Mexico, $5,750,000.
Davis-Monthan Air Force Base, Arizona, $5,540,000.
England Air Force Base, Louisiana, $6,390,000.
George Air Force Base, California, $18,350,000.
Holloman Air Force Base, New Mexico, $2,600,000.
Homestead Air Force Base, Florida, $9,870,000.
Langley Air Force Base, Virginia, $2,500,000.
Mac Dill Air Force Base, Florida, $2,350,000.
Moody Air Force Base, Georgia, $1,990,000.
Mountain Home Air Force Base, Idaho, $60,000.
Myrtle Beach Air Force Base, South Carolina, $970,000.
Nellis Air Force Base, Nevada, $3,690,000.
Seymour Johnson Air Force Base, North Carolina, $2,650,000.
Shaw Air Force Base, South Carolina, $2,780,000.
Buckley Air National Guard Base, Colorado, $1,950,000.
Thule Air Base, Greenland, $3,150,000.
Mahe Tracking Station, Seychelle Islands, $550,000.
Various Locations, $2,350,000.
Roberts International Airport, Liberia, $4,950,000.
Kadena Air Base, Japan, $1,100,000.
Kunsan Air Base, Korea, $4,010,000.
Osan Air Base, Korea, $20,080,000.
Taegu Air Base, Korea, $510,000.
Howard Air Force Base, Canal Zone, $4,485,000.
Germany, Various Locations, $13,990,000.
United Kingdom, Various Locations, $14,920,000.
Various Locations, $10,770,000.
Sec. 302. The Secretary of the Air Force may establish or develop
installations and facilities by proceeding with construction made
necessary by changes in missions and responsibilities which have been
occasioned by (1) unforeseen security considerations, (2) new weapons
development, (3) new and unforeseen research and development
requirements, (4) improved production schedules, or (5) revisions in the
tasks or functions assigned to a military installation or facility or
for environmental considerations, if the Secretary of Defense determines
that deferral of such construction for inclusion in the next Military
Construction Authorization Act would be inconsistent with interests of
national security and, in connection therewith, may acquire, construct,
convert, rehabilitate, or install permanent or temporary public works,
including land acquisition, site preparation, appurtenances, utilities,
and equipment, in the total amount of $20,000,000. The Secretary of the
Air Force, or the Secretary's designee, shall notify the Committees on
Armed Services of the Senate and House of Representatives, immediately
upon reaching a final decision to implement, of the cost of construction
of any public work undertaken under this section, including those real
estate actions pertaining thereto. This authorization shall expire on
October 1, 1980, or on the date of the enactment of the Military
Construction Authorization Act for fiscal year 1981, whichever is later,
except for those public works projects concerning which the Committees
on Armed Services of the Senate and House of Representatives have been
notified pursuant to this section prior to such date.
Sec. 303. The Secretary of the Air Force is authorized to accomplish
minor construction projects under section 2674 of title 10, United
States Code, in the amount of $29,310,000.
Sec. 304. (a) Section 301 of the Military Construction Authorization
Act, 1978 (Public Law 95 - 82; 91 Stat. 368), is amended by striking
out "$97,905,000" in the item relating to the authorization for
acquisition and construction at various locations under the heading "
UNITED STATES AIR FORCES IN EUROPE" and inserting in lieu thereof
"$77,905,000".
(b) Section 602(3) of such Act // 91 Stat. 374. // is amended by
striking out "$147,942,000" and "$421,249,000" and inserting in lieu
thereof "$127,942,000" and "$401,249,000", respectively.
Sec. 305. Section 301 of the Military Construction Authorization
Act, 1975 (Public Law 93 - 552; 88 Stat. 1754), is amended by striking
out "$9,000,000" in the item relating to the authorization for
acquisition and construction for the Aerospace Corporation at Los
Angeles, California, and inserting in lieu thereof "$20,500,000".
FACILITIES AT
LITTLE ROCK, ARKANSAS
Sec. 306. (a) Subject to subsection (b), the Secretary of the Air
Force is authorized to contribute to the appropriate local authorities
the sum of $2,400,000 for the share of the Department of Defense for the
upgrading of the waste treatment facility that serves Little Rock Air
Force Base, Little Rock, Arkansas.
(b) No amount may be contributed pursuant to the authorization in
subsection (a) until (1) the President, after consideration of the
decision of the Comptroller General relating to Federal facility
contributions to capital costs of sewage treatment projects, dated
October 4, 1979, determines whether, in order to comply with the Federal
Water Pollution Control Act, the Federal share of the cost of upgrading
local waste treatment facilities shall be borne solely through grants
from the Environmental Protection Agency or through contributions by the
Federal departments and agencies using such facilities, and (2) a copy
of the decision of the President is transmitted to the Committees on
Armed Services of the Senate and House of Representatives.
AGENCIES
Sec. 401. The Secretary of Defense may establish or develop military
installations and facilities by acquiring, constructing, converting,
rehabilitating, or installing permanent or temporary public works,
including land acquisition, site preparation, appurtenances, utilities,
and equipment, for defense agencies for the following acquisition or
construction:
Defense Depot, Memphis, Tennessee, $670,000.
Fuel Terminal, Ozol, California, $3,650,000.
Fuel Terminal, Escanaba, Michigan, $600,000.
Defense Mapping Agency Hydrographic/ Topographic Center, Bethesda,
Maryland, $825,000.
Classified Activity, Fort Belvoir, Virginia, $2,800,000.
Defense Fuel Support Point, Wake Island Air Force Base, $11,400,000.
EDUCATION
Alconbury Royal Air Force, United Kingdom, $2,340,000.
Atsugi Naval Air Facility, Japan, $580,000.
Bad Hersfeld, Germany, $770,000.
Baumholder, Wetzel Housing Area, Germany, $1,920,000.
Grafenwoehr, Germany, $1,640,000.
Keflavik Naval Air Station, Iceland, $1,700,000.
Ludwigsburg, Germany, $570,000.
Pruem Air Station, Germany, $1,000,000.
Schwaebisch Gmuend, Germany, $575,000.
Seoul, Yongsan, Korea, $3,290,000.
Soesterberg, Camp New Amsterdam, Netherlands, $3,300,000.
Yokota East Air Base, Japan, $2,450,000.
Various Locations: For the United States share of the cost of
multilateral programs for the acquisition or construction of military
facilities and installations (including international military
headquarters) for the collective defense of the North Atlantic Treaty
Area, $185,000,000. Within thirty days after the end of each
calendar-year quarter, the Secretary of Defense shall furnish to the
Committees on Armed Services and on Appropriations of the Senate and
House of Representatives a description of obligations incurred by the
United States for the United States share of the cost of such
multilateral programs.
Sec. 402. The Secretary of Defense may establish or develop
installations and facilities which he determines to be vital to the
security of the United States and, in connection therewith, may acquire,
construct, convert, rehabilitate, or install permanent or temporary
public works, including land acquisition, site preparation,
appurtenances, utilities, and equipment, in the total amount of
$15,000,000. The Secretary of Defense, or the Secretary's designee,
shall notify the Committees on Armed Services of the Senate and House of
Representatives, immediately upon reaching a final decision to
implement, of the cost of construction of any public works undertaken
under this section including real estate actions pertaining thereto.
Sec. 403. The Secretary of Defense is authorized to accomplish minor
construction projects under section 2674 of title 10, United States
Code, in the amount of $5,250,000.
FACILITY, WHITE
SANDS, NEW MEXICO
Sec. 404. (a) Section 401 of the Military Construction Authorization
Act, 1978 (Public Law 95 - 82; 91 Stat. 369), is amended by striking
out "$33,449,000" in the item relating to the High Energy Laser Facility
at White Sands, New Mexico, and inserting in lieu thereof "$40,749,000".
(b) Section 602(4) of such Act // 91 Stat. 374. // is amended by
striking out "$55,909,000" and inserting in lieu thereof "$63,209,000".
INFRASTRUCTURE
Sec. 405. (a) Section 401 of the Military Construction Authorization
Act, 1979 (Public Law 95 - 356; 92 Stat. 576), is amended by striking
out "$120,000,000" in the item relating to North Atlantic Treaty
Organization Infrastructure and inserting in lieu thereof
"$140,000,000".
(b) Section 602(4) of such Act // 92 Stat. 580. // is amended by
striking out "$217,610,000" and inserting in lieu thereof
"$237,610,000".
Sec. 501. (a) The Secretary of Defense, or the Secretary's designee,
is authorized to construct or acquire sole interest in existing family
housing units in the numbers and at the locations hereinafter named, but
no family housing construction shall be commenced at any such location
in the United States until the Secretary shall have consulted with the
Secretary of Housing and Urban Development as to the availability of
suitable private housing at such location. If agreement cannot be
reached with respect to the availability of suitable private housing at
any location, the Secretary of Defense shall notify the Committees on
Armed Services of the Senate and the House of Representatives, in
writing, of such difference of opinion, and no contract for construction
at such location shall be entered into for a period of thirty days after
such notification has been given. This authority shall include the
authority to acquire land, and interests in land, by gift, purchase,
exchange of Government-owned land, or otherwise.
(b) With respect to the family housing units authorized to be
constructed by this section, the Secretary of Defense is authorized to
acquire sole interest in privately owned or Department of Housing and
Urban Development held family housing units in lieu of constructing all
or a portion of the family housing authorized by this section, if he, or
his designee, determines such action to be in the best interests of the
United States, but any family housing units acquired under authority of
this subsection shall not exceed the cost limitations specified in this
section for the project nor the limitations on size specified in section
2684 of title 10, United States Code. In no case may family housing
units be acquired under this subsection through the exercise of eminent
domain authority, and in no case may family housing units other than
those authorized by this section be acquired in lieu of construction
unless the acquisition of such units is hereafter specifically
authorized by law.
(c) Family housing units:
Fort Mac Arthur, California, two hundred units, $11,500,000.
Tinker Air Force Base, Oklahoma, three hundred thirty-two
units, $12,000,000.
(d) The amount specified in this section may, at the discretion of
the Secretary of Defense, or the Secretary's designee, be increased by
10 per centum, if he determines that such increase (1) is required for
the sole purpose of meeting unusual variations in cost, and (2) could
not have been reasonably anticipated at the time such estimate was
submitted to the Congress. The amounts authorized include the costs of
shades, screens, ranges, refrigerators, and all other installed
equipment and fixtures, the cost of the family housing unit, design,
supervision, inspection, overhead, land acquisition, site preparation,
and installation of utilities.
Sec. 502. (a) Section 2686(c) of title 10, United States Code,
relating to leases for military family housing, is amended by striking
out "$300" in clause (1)(A) and inserting in lieu thereof "$310".
(b) Section 2675(d) of title 10, United States Code, relating to
leases in foreign countries, is amended--,
(1) by striking out "$485" and "$850" in the first sentence of
paragraph (1) and inserting in lieu thereof "$550" and "$970",
respectively; and
(2) by striking out "18,000" in paragraph (2) and inserting in
lieu thereof "17,000".
Sec. 503. (a) There is authorized to be appropriated for fiscal year
1980 for use by the Secretary of Defense, or the Secretary's designee,
for military family housing as authorized by law for the following
purposes:
(1) For construction of, or acquisition of sole interest in,
family housing, including minor construction, an amount not to
exceed $15,000,000, and for planning, an amount not to exceed
$900,000.
(2) For support of military family housing, including operating
expenses, leasing, maintenance of real property, payments of
principal and interest on mortgage debts incurred, payment to the
Commodity Credit Corporation, and mortgage insurance premiums
authorized under section 222 of the National Housing Act (12
U.S.C. 1715m), an amount not to exceed $1,662,525,000.
(3) For homeowners assistance under section 1013 of the
Demonstration Cities and Metropolitan Development Act of 1966 (42
U.S.C. 3374), including acquisition of properties, an amount not
to exceed $5,000,000.
(b) The amounts authorized to be appropriated in subsection (a) may
be increased to the extent additional funds are appropriated to defray
increased pay costs associated with actions taken pursuant to law.
Sec. 601. The Secretary of each military department may proceed to
establish or develop installations and facilities under this Act without
regard to section 3648 of the Revised Statutes, as amended (31 U.S.C.
529), and sections 4774 and 9774 of title 10, United States Code. The
authority to place permanent or temporary improvements on land includes
authority for surveys, administration, overhead, planning, and
supervision incident to construction. That authority may be exercised
before title to the land is approved under section 355 of the Revised
Statutes, as amended (40 U.S.C. 255), and even though the land is held
temporarily. The authority to acquire real estate or lands includes
authority to make surveys and to acquire land and interests in land
(including temporary use), by gift, purchase, exchange of
Government-owned land, or otherwise.
Sec. 602. There are authorized to be appropriated for fiscal year
1980 such sums as may be necessary for the purposes of this Act, but
appropriations for public works projects authorized by titles I, II,
III, IV, and V, shall not exceed--,
(1) for title I: inside the United States $552,925,000;
outside the United States $162,950,000; minor construction
$52,270,000; for a total of $768,145,000;
(2) for title II: inside the United States $400,990,000;
outside the United States $55,440,000; minor construction
$33,160,000; for a total of $489,590,000;
(3) for title III: inside the United States $432,530,000;
outside the United States $80,865,000; minor construction
$29,310,000; for a total of $542,705,000;
(4) for title IV: a total of $245,330,000, including
$5,250,000 for minor construction; and
(5) for title V: military family housing and homeowners
assistance program, $1,694,925,000, including $3,000,000 for minor
construction.
Sec. 603. (a) Overall Title Total Limitation.--Notwithstanding the
provisions of subsections (b), (c), (d), and (g), the total cost of all
construction and acquisition in each of titles I, II, III, and IV may
not exceed the total amount authorized to be appropriated in that title.
(b) Variations in Installation Totals--Unusual Variations in Cost.--
Except as provided in subsections (c) and (d), any of the amounts
specified in titles I, II, III, and IV of this Act (other than in
sections 103, 203, 303, and 403) may, at the discretion of the Secretary
of the military department or Director of the defense agency concerned,
be increased by 5 per centum when inside the United States (other than
Alaska or Hawaii), and by 10 per centum when outside the United States
or in Alaska or Hawaii, if the Secretary of the military department or
Director of the defense agency concerned determines that such increase
(1) is required for the sole purpose of meeting unusual variations in
cost, and (2) could not have been reasonably anticipated at the time
such estimate was submitted to the Congress.
(c) Variations in Installation Totals--Only One Project at an
Installation.--When the amount named for any construction or acquisition
in title I, II, III, or IV of this Act involves only one project at any
military installation and the Secretary of the military department or
Director of the defense agency concerned determines that the amount
authorized must be increased by more than the applicable percentage
prescribed in subsection (b), the Secretary of the military department
or Director of the defense agency concerned may proceed with such
construction or acquisition if the amount of the increase does not
exceed by more than 25 per centum the amount named for such project by
the Congress.
(d) Variations in Installation Totals--Reports by the Secretary of
Defense.--When the Secretary of Defense determines that any amount named
in title I, II, III, or IV of this Act must be exceeded by more than the
percentages permitted in subsections (b) and (c) to accomplish
authorized construction or acquisition, the Secretary of the military
department or Director of the defense agency concerned may proceed with
such construction or acquisition after a written report of the facts
relating to the increase of such amount, including a statement of the
reasons for such increase, has been submitted to the Committees on Armed
Services of the Senate and House of Representatives, and either (1)
thirty days have elapsed from the date of submission of such report, or
(2) both committees have indicated approval of such construction or
acquisition. Notwithstanding the provisions in prior Military
Construction Authorization Acts, the provisions of this subsection shall
apply to such prior Acts.
(e) Cost and Scope Variations of Individual Projects; Reports to
Congress.--No individual project authorized under title I, II, III, or
IV of this Act for any specifically listed military installation for
which the current working estimate is greater than the statutory upper
limit for minor construction projects, may be placed under contract
if--,
(1) the approved scope of the project is reduced in excess of
25 per centum; or
(2) the current working estimate, based upon bids received, for
the construction of such project exceeds by more than 25 per
centum the amount authorized for such project by the Congress;
until a written report of the facts relating to the reduced scope or
increased cost of such project, including a statement of the reasons for
reduction in scope or increase in cost, has been submitted to the
Committees on Armed Services of the Senate and House of Representatives,
and either thirty days have elapsed from the date of submission of such
report, or both committees have indicated approval of such reduction in
scope or increase in cost, as the case may be.
(f) Annual Report to Congress.--The Secretary of Defense, or the
Secretary's designee, shall submit an annual report to the Congress
identifying each individual project (other than a project authorized
under section 103, 203, 303, or 403) which has been placed under
contract in the preceding twelve-month period and with respect to which
the then current working estimate of the Department of Defense based
upon bids received for such project exceeded the amount authorized by
the Congress for that project by more than 25 per centum. The Secretary
shall also include in such report each individual project with respect
to which the scope was reduced by more than 25 per centum in order to
permit contract award within the available authorization for such
project. Such report shall include all pertinent cost information for
each individual project, including the amount in dollars and percentage
by which the current working estimate based on the contract price for
the project exceeded the amount authorized for such project by the
Congress.
(g) Cost and Floor Area Variations--Solar Energy.--The Secretary of
Defense shall encourage the utilization of solar energy as a source of
energy for projects authorized by this Act where utilization of solar
energy would be practical and economically feasible. In order to equip
any project authorized by this Act with solar heating equipment, solar
cooling equipment, or both solar heating and solar cooling equipment,
the Secretary of Defense may authorize increases in the cost limitations
or floor area limitations for such project by such amounts as may be
necessary for such purpose. Any increase under this section in the cost
or floor area of a project authorized by this Act shall be in addition
to any other increase in such cost or variation in floor area
limitations authorized by this or any other Act.
Sec. 604. Contracts for construction made by the United States for
performance within the United States and its possessions under this Act
shall be executed under the jurisdiction and supervision of the Corps of
Engineers, Department of the Army; the Naval Facilities Engineering
Command, Department of the Navy; or such other department or Government
agency as the Secretaries of the military departments recommend and the
Secretary of Defense approves to assure the most efficient, expeditious,
and cost-effective accomplishment of the construction herein authorized.
The Secretaries of the military departments shall report annually to
the President of the Senate and Speaker of the House of Representatives
a breakdown of the dollar value of construction contracts completed by
each of the several construction agencies selected together with the
design, construction, supervision, and overhead fees charged by each of
the several agents in the execution of the assigned construction.
Further, such contracts (except architect and engineering contracts
which, unless specifically authorized by the Congress shall continue to
be awarded in accordance with presently established procedures, customs,
and practice) shall be awarded, insofar as practicable, on a competitive
basis to the lowest responsible bidder, if the national security will
not be impaired and the award is consistent with chapter 137 of title
10, United States Code. // 10 USC 2301 // The Secretaries of the
military departments shall report annually to the President of the
Senate and Speaker of the House of Representatives with respect to all
contracts awarded on other than a competitive basis to the lowest
responsible bidder. Such reports shall also show, in the case of the
ten architect-engineering firms which, in terms of total dollars, were
awarded the most business; the names of such firms; the total number
of separate contracts awarded each firm; and the total amount paid or
to be paid in the case of each such action under all such contracts
awarded such firm.
Sec. 605. (a) As of October 1, 1980, or the date of the enactment of
the Military Construction Authorization Act for fiscal year 1981,
whichever is later, all authorizations for military public works,
including family housing, to be accomplished by the Secretary of a
military department in connection with the establishment or development
of installations and facilities, and all authorizations for
appropriations therefor, that are contained in titles I, II, III, IV,
and V of the Military Construction Authorization Act, 1979 (Public Law
95 - 356; 92 Stat. 565), and all such authorizations contained in Acts
approved before September 8, 1978, and not superseded or otherwise
modified by a later authorization are repealed except--,
(1) authorizations for public works and for appropriations
therefor that are set forth in those Acts in the titles that
contain the general provisions; and
(2) authorizations for public works projects as to which
appropriated funds have been obligated for construction contracts,
land acquisition, or payments to the North Atlantic Treaty
Organization, in whole or in part, before October 1, 1980, or the
date of the enactment of the Military Construction Authorization
Act for fiscal year 1981, whichever is later, and authorizations
for appropriations therefor.
(b) Notwithstanding the repeal provisions of subsection (a) of this
section and section 605 of the Military Construction Authorization Act,
1979 (Public Law 95 - 356, 92 Stat. 583), authorizations for the
following items shall remain in effect until October 1, 1981, or the
date of the enactment of the Military Construction Authorization Act for
fiscal year 1982, whichever is later:
(1) Barracks Complex--Trainee construction in the amount of
$14,967,000 at Fort Benning, Georgia, authorized in section 101 of
the Military Construction Authorization Act, 1978 (Public Law 95 -
82; 91 Stat. 358).
(2) Brooke Army Medical Center Hospital alteration in the
amount of $10,000,000 at Fort Sam Houston, Texas, authorized in
section 101 of the Military Construction Authorization Act, 1978
(Public Law 95 - 82; 91 Stat. 358).
(3) Reception Station construction in the amount of $5,886,000
at Fort Benning, Georgia, authorized in section 101 of the
Military Construction Authorization Act, 1978 (Public Law 95 - 82;
91 Stat. 358).
(4) POMCUS Maintenance Complexes in the amount of $33,768,000
at Kaiserslautern, Pirmasens, Germersheim, Gerzweski Barracks,
Mannheim, Miesau, Nahbollenbach, and Neureut Kaserne, all in
Germany, authorized in section 101 of the Military Construction
Authorization Act, 1978 (Public Law 95 - 82; 91 Stat. 360).
(5) Morse Training Building construction in the amount of
$2,400,000 at Naval Technical Training Center, Pensacola, Florida,
authorized in section 201 of the Military Construction
Authorization Act, 1978 (Public Law 95 - 82; 91 Stat. 362).
(6) Medical/ Dental Branch Clinic construction in the amount of
$4,350,000 at the Navy Regional Medical Center, Pearl Harbor,
Hawaii (Naval Station, Midway Island), authorized in section 201
of the Military Construction Authorization Act, 1978 (Public Law
95 - 82; 91 Stat. 362).
(7) Relocation of the weapons range from the Culebra Complex in
the amount of $12,000,000 for the Atlantic Fleet Weapons Range,
Roosevelt Roads, Puerto Rico, authorized in section 204 of the
Military Construction Authorization Act, 1974 (Public Law 93 -
166; 87 Stat. 668) and extended in section 605(b)(H) of the
Military Construction Authorization Act, 1976 (Public Law 94 -
107; 89 Stat. 565) and in section 605(b)(4) of the Military
Construction Authorization Act, 1978 (Public Law 95 - 82; 91
Stat. 376).
(8) Industrial Waste Collection in the amount of $2,650,000 at
the Naval Torpedo Station, Keyport, Washington, authorized in
section 201 of the Military Construction Authorization Act, 1978
(Public Law 95 - 82; 91 Stat. 363).
(9) Municipal Sewer Connection in the amount of $2,100,000 for
the Long Beach Naval Shipyard, Long Beach, California, authorized
in section 201 of the Military Construction Authorization Act,
1978 (Public Law 95 - 82; 91 Stat. 369).
// 91 Stat. 363. //
(10) Municipal Sewer Connection in the amount of $4,150,000 for
the Navy Public Works Center, Norfolk, Virginia, authorized in
section 201 of the Military Construction Authorization Act, 1978
(Public Law 95 - 82; 91 Stat. 363).
(11) Municipal Sewer Connection in the amount of $2,200,000 for
the Philadelphia Naval Shipyard, Philadelphia, Pennsylvania,
authorized in section 201 of the Military Construction
Authorization Act, 1978 (Public Law 95 - 82; 91 Stat. 363).
(12) Alter Sewage Treatment and Disposal Facilities in the
amount of $631,000 at King Salmon Airport, Alaska, authorized in
section 301 of the Military Construction Authorization Act, 1978
(Public Law 95 - 82; 91 Stat. 366).
(13) Small Aircraft Maintenance Facility in the amount of
$1,928,000 for Moody Air Force Base, Georgia, authorized in
section 301 of the Military Construction Authorization Act, 1978
(Public Law 95 - 82; 91 Stat. 367).
(14) High Energy Laser Facility construction in the amount of
$33,449,000 at White Sands, New Mexico, authorized in section 401
of the Military Construction Authorization Act, 1978 (Public Law
95 - 82; 91 Stat. 369).
(15) CIDC Field Operations Building at Fort Hood, Texas, in the
amount of $890,000 authorized in section 101 of the Military
Construction Authorization Act, 1978 (Public Law 95 - 82; 91
Stat. 358).
(16) Radar Operations Facility at Redstone Arsenal, Alabama, in
the amount of $962,000 authorized in section 101 of the Military
Construction Authorization Act, 1978 (Public Law 95 - 82; 91
Stat. 359).
Sec. 606. None of the authority contained in titles I, II, III, and
IV of this Act shall be deemed to authorize any building construction
projects inside the United States in excess of a unit cost to be
determined in proportion to the appropriate area construction cost
index, based on the following unit cost limitations where the area
construction index is 1.0:
(1) $48 per square foot for permanent barracks; or
(2) $52 per square foot for unaccompanied officer quarters;
unless the Secretary of Defense, or the Secretary's designee, determines
that, because of special circumstances, application to such project of
the limitations on unit cost contained in this section is impracticable.
Notwithstanding the limitations contained in prior Military
Construction Authorization Acts on unit costs, the limitations on such
costs contained in this section shall apply to all prior authorizations
for such construction not heretofore repealed and for which construction
contracts have not been awarded by the date of the enactment of this
Act.
Sec. 701. Subject to chapter 133 of title 10, United States Code, //
10 USC 2231 // the Secretary of Defense may establish or develop
additional facilities for the Guard and Reserve Forces, including the
acquisition of land therefor, but the cost of such facilities shall not
exceed the following amounts:
(1) For the Department of the Army--,
States,
$18,237,000; and
(2) For the Department of the Navy, for the Naval and Marine
Corps Reserves, $16,090,000.
(3) For the Department of the Air Force--,
Sec. 702. The Secretary of Defense may establish or develop
installations and facilities under this title without regard to section
3648 of the Revised Statutes, as amended (31 U.S.C. 529), and sections
4774 and 9774 of title 10, United States Code. The authority to place
permanent or temporary improvements on lands includes authority for
surveys, administration, overhead, planning, and supervision incident to
construction. That authority may be exercised before title to the land
is approved under section 355 of the Revised Statutes, as amended (40
U.S.C. 255), and even though the land is held temporarily. The authority
to acquire real estate or land includes authority to make surveys and to
acquire land and interests in land (including temporary use), by gift,
purchase, exchange of Government-owned land, or otherwise.
FACILITIES
Sec. 703. Section 2233 of title 10, United States Code, is
amended--,
(1) by striking out "and" after clause (3);
(2) by striking out the period at the end of clause (4) and
inserting in lieu thereof: ";and"; and
(3) by adding at the end thereof the following new clause:
"(5) contribute to any State or Territory, Puerto Rico, or the
District of Columbia, such amounts for the acquisition,
construction, expansion, rehabilitation, or conversion by the
failure of existing facilities to meet the purposes of this
chapter. A contribution made for an armory may not be more than
75 percent of the cost of construction of which it is applied.".
RESERVE
FORCES FACILITIES WITHOUT NOTIFICATION TO CONGRESS
Sec. 704. Paragraph (1) of section 2233a of title 10, United States
Code, is amended by striking out "$100,000" and inserting in lieu
thereof "$175,000".
Sec. 801. Section 2674 of title 10, United States Code, relating to
minor construction, is amended--,
(1) by adding at the end of subsection (b) the following new
sentence: " Approvals under the preceding sentence are not
required for projects at specified locations that have been
identified in the annual military construction program submitted
by the Department of Defense to the Committees on Armed Services
of the Senate and the House of Representatives."; and
(2) by adding at the end of subsection (f) the following new
sentence: " Such notice is not required for projects at specified
locations that have been identified in the annual military
construction program submitted by the Department of Defense to the
Committees on Armed Services of the Senate and the House of
Representatives.".
OF ENERGY
ON MILITARY LANDS
Sec. 802. Section 803 of the Military Construction Authorization
Act, 1979 (30 U.S.C. 1002a), is amended as follows:
(1) The section heading is amended to read as follows:
MILITARY
INSTALLATIONS".
(2) Subsection (b)(1)
// 30 USC 1002a. //
is amended by inserting "or on private property" after
"jurisdiction".
Sec. 803. (a) The Secretary of Defense may pay to the owners of the
land of Roi-Namur Island, Marshall Islands District of the Trust
Territory of the Pacific Islands, such amount as the Secretary of
Defense determines to be in the public interest for the use after 1960
of Roi-Namur Island by the Government of the United States.
(b) Subsection (a) shall take effect on October 1, 1979, and shall be
effective for any fiscal year only to such extent or in such amounts as
are provided in appropriation Acts.
Sec. 804. (a)(1) Chapter 159 of title 10, United States Code, is
amended by adding at the end thereof the following new section:
SECTION 2688. // 10 USC 2688. // Use of solar energy systems in new
facilities
"(a) The Secretary of Defense shall require that all new facilities
(including family housing) placed under design after the date of the
enactment of the Military Construction Authorization Act, 1980, shall
include consideration of solar energy systems in those cases in which
solar energy has the potential to save fossil-fuel-derived energy. All
contracts for construction resulting from such design shall include the
requirement to furnish and install solar energy systems if such systems
can be shown to be cost effective.
"(b) For the purposes of this section, a solar energy system shall be
considered to be cost effective if the original investment cost
differential can be recovered over the expected life of the facility.".
(2) The table of sections at the beginning of such chapter is amended
by adding at the end thereof the following new item:
"2688. Use of solar energy systems in new facilities.".
(b) Section 804 of the Military Construction Authorization Act, 1979
(42 U.S.C. 5504a), is repealed.
RESPECT
TO CERTAIN BASE CLOSURES AND REALIGNMENTS
Sec. 805. (a) No action with respect to the closure of, or the
realignment of, the Army Training Command at Fort Dix, New Jersey, may
be taken unless and until the Secretary of the Army has prepared an
environmental impact statement in accordance with the requirements of
the National Environmental Policy Act of 1969 with respect to the
proposed closure or realignment. Such environmental impact statement
shall place special emphasis on socio-economic factors in the affected
area.
(b) No action with respect to the closure of, or the realignment of,
the Air Training Command at Goodfellow Air Force Base, San Angelo,
Texas, may be taken unless and until the Secretary of the Air Force has
prepared an environmental impact statement in accordance with the
requirements of the National Environmental Policy Act of 1969 with
respect to the proposed closure or realignment. Such environmental
impact statement shall place special emphasis on socio-economic factors
in San Angelo, Texas, and the affected area.
(c) No action with respect to the closure of, or the realignment of,
Fort Indiantown Gap, Annville, Pennsylvania, may be taken unless and
until the Secretary of the Army has prepared an environmental impact
statement in accordance with the requirements of the National
Environmental Policy Act of 1969 with respect to the proposed closure or
realignment. Such environmental impact statement shall place special
emphasis on socio-economic factors in the affected area.
(d) No action with respect to the closure of, or the realignment of,
New Cumberland Army Depot, New Cumberland, Pennsylvania, may be taken
unless and until the Secretary of the Army has prepared an environmental
impact statement in accordance with the requirements of the National
Environmental Policy Act of 1969 with respect to the proposed closure or
realignment. Such environmental impact statement shall place special
emphasis on socio-economic factors in the affected area.
(e) No action with respect to the closure of, or the realignment of,
Fort Monroe, Hampton, Virginia, may be taken unless and until the
Secretary of the Army has prepared an environmental impact statement in
accordance with the requirements of the National Environmental Policy
Act of 1969 with respect to the proposed closure or realignment. Such
environmental impact statement shall place special emphasis on
socio-economic factors in the affected area.
FORCE BASE TO THE
UNITED STATES OLYMPIC COMMITTEE
Sec. 806. The Secretary of the Air Force is authorized to lease the
excess 5.6 acres of land and improvements on the remaining protion of
the former Ent Air Force Base, Colorado Springs, Colorado, to the United
States Olympic Committee.
Sec. 807. (a) Subsection (a) of section 2632 of title 10, United
States Code, is amended to read as follows:
"(a) Whenever the Secretary of a military department determines that
it is necessary for the effective conduct of the affairs of that
department, he may, at reasonable rates of fare under regulations to be
prescribed by the Secretary of Defense, provide assured and adequate
transportation by motor vehicle or water carrier--,
"(1) among places on any military installation (including any
subinstallation thereof) under the jurisdiction of that
department; and
"(2) to and from their places of employment--,
department;
and
or employed
in, a private plant that is manufacturing material for
that department.".
(b) Subsection (b) of such section is amended--,
(1) by inserting "(1)" after "(b)";
(2) by striking out "subsection (a)" and inserting in lieu
thereof "subsection (a)(2)";
(3) by redesignating clauses (1), (2), and (3) as clauses (A),
(B), and (C), respectively; and
(4) by adding at the end thereof the following new paragraph:
"(2)(A) The Secretary of Defense shall require that, in determining
whether to provide transportation at any military installation under
subsection (a)(1), the Secretary of the military department concerned
shall give careful consideration to the potential for saving energy and
reducing air pollution.
"(B) In providing transportation at any military installation under
such subsection, the Secretary of the military department concerned may
not require any fare for the transportation of members of the armed
forces if the transportation is incident to training or other
operational activities on such installation.
"(C) The authority under subsection (a)(1) to enter into contracts
under which the United States is obligated to make outlays shall be
effective for any fiscal year only to the extent that the budget
authority for such outlays is provided in advance by appropriation
Acts.".
(c)(1) The heading of such section is amended to read as follows:
" SECTION 2632. Transportation to and from certain places of
employment and on military installations".
(2) The item relating to such section in the table of sections at the
beginning of chapter 157 of such title // 10 USC 2631 // is amended to
read as follows: "2632. Transportation to and from certain places of
employment and on military installations.".
Sec. 808. Section 607(b) of the Military Construction Authorization
Act, 1966 (Public Law 89 - 188; 79 Stat. 818), is amended by striking
out " January 1, 1980" both places it appears and inserting in lieu
thereof " October 1, 1984".
Sec. 809. (a) The Secretary of the Navy (hereinafter in this section
referred to as the " Secretary") is authorized to acquire, by
condemnation or otherwise, all right, title, and interest of the city of
San Diego, California (hereinafter in this section referred to as the "
City"), in and to a tract of land consisting of 40 acres, more or less,
in the Balboa Park in San Diego, California. Land acquired pursuant to
this section shall be used as the site for construction of any new Navy
hospital or medical center that is authorized to be constructed in the
greater San Diego area after the date of the enactment of this Act and
for related purposes.
(b) The Secretary is authorized to convey to the City, in
consideration for the acquisition under subsection (a), all right,
title, and interest of the United States in and to all or any part of
the real property (including improvements thereon) of the Naval Regional
Medical Center, San Diego, that has been conveyed, leased, or otherwise
made available to the United States by the City.
(c) The exact acreage and legal description of any land acquired or
conveyed under this section shall be determined by surveys which are
satisfactory to the Secretary.
(d) The authority of the Secretary to obligate funds under this
section shall be effective only to the extent that appropriated funds
are available for that purpose.
Sec. 810. (a) Subject to subsection (b), the Secretary of the Navy
(hereinafter in this section referred to as the " Secretary") is
authorized to convey to the Irvine Company, a Michigan corporation, all
right, title, and interest of the United States in and to a parcel of
land consisting of approximately 84 acres located in the northeastern
portion of the Marine Corps Air Station (Helicopter), Tustin,
California, together with the improvements on such land. Such
conveyance shall be made subject to such terms and conditions as the
Secretary considers to be in the public interest.
(b) In consideration for the conveyance by the Secretary under
subsection (a), the Irvine Company shall--,
(1) convey to the United States land and interests in land that
the Secretary considers to be equivalent in value to the land
conveyed by the Secretary under subsection (a) and that are
otherwise acceptable to the Secretary,
(2) pay the costs of relocating the Military Affiliate Radio
Station (MARS) radio facilities and the skeet range facilities
located on the land conveyed under subsection (a), and
(3) pay all costs of surveys, appraisals, and evidence of title
involved in both such conveyances.
(c) The exact acreages and legal descriptions of the lands to be
conveyed under subsections (a) and (b) shall be determined by surveys
which are satisfactory to the Secretary.
(d) The Secretary is authorized to accept any land conveyed under
subsection (b), and any such land shall be administered by the
Secretary.
Sec. 811. (a) The Secretary of the Air Force (hereinafter in this
section referred to as the " Secretary") is authorized to acquire by
exchange all right, title, and interest of the Charleston County
Aviation Authority (hereinafter in this section referred to as the "
Authority") in and to a replacement hazardous cargo handling area to be
constructed by the Authority at the Charleston County Airport, South
Carolina, for the Air Force.
(b) As consideration for the acquisition under subsection (a), the
Secretary is authorized to convey to the Authority all right, title, and
interest of the United States in and to land (and improvements thereon)
having a fair market value not more than the fair market value of the
property to be acquired.
(c) The exact acreages and legal descriptions of the properties to be
acquired or conveyed under this section shall be determined by surveys
which are satisfactory to the Secretary and to the Authority.
Sec. 812. (a)(1) Subject to subsection (b), the Secretary of the Air
Force (hereinafter in this section referred to as the " Secretary") is
authorized to convey to King County, Washington, all right, title, and
interest of the United States in and to that parcel of land, together
with improvements thereon, at Boeing Field, Seattle, Washington,
occupied on the date of the enactment of this Act (under a lease from
the Department of the Air Force) by the 143d Combat Squadron, Washington
Air National Guard.
(2) The conveyance authorized by paragraph (1) shall be made subject
to such terms and conditions as the Secretary determines necessary to
protect the interests of the United States, but in no event may be made
until a replacement facility for the 143d Combat Squadron, Washington
Air National Guard, has been made available in accordance with
subsection (b).
(b) In consideration for the conveyance authorized under subsection
(a), King County shall--,
(1) make available to the Secretary a leasehold interest in
land acceptable to the Secretary as a site for a replacement
facility for such Air National Guard unit, together with funds in
an amount sufficient to purchase or make improvements on such land
for such replacement facility; or
(2) convey to the United States unencumbered fee simple title
to land in the area of Seattle, Washington, which contains
improvements acceptable to the Secretary as a replacement facility
for such Air National Guard unit.
(c) Any funds made available under subsection (b)(1), and any land
conveyed under subsection (b) (1) or (2), shall be subject to terms and
conditions to be agreed upon by the Secretary and King County and which
the Secretary considers to be in the public interest.
(d) If the cost of the replacement facility provided under subsection
(b)(1) is less than the fair market value of the existing facility of
such Air National Guard unit, King County shall pay the amount of the
difference to the United States, and such amount shall be deposited in
the Treasury as miscellaneous receipts.
Sec. 813. (a) Subject to subsection (b), the Secretary of the Army
(hereinafter in this section referred to as the " Secretary") is
authorized to convey, without monetary consideration, to the Alabama
Space Science Exhibit Commission (an agency of the State of Alabama) all
right, title, and interest of the United States in and to the real
property described in subsection (c). Any real property conveyed under
the preceding sentence shall be conveyed for use as a permanent site, in
addition to the real property conveyed under Public Law 90 - 276, // 82
Stat. 68. // for the Alabama Space Science Exhibit.
(b) The conveyance authorized by subsection (a) shall be subject--,
(1) to the condition that the real property so conveyed shall
be used by the State of Alabama (A) as a permanent site for an
Alabama Space Science Exhibit to display suitable public exhibits
of United States weaponry and allied subjects, developments of the
National Aeronautics and Space Administration, and space-oriented
exhibits of other United States Government departments, agencies,
and instrumentalities, (B) for educational and recreational
purposes related to the purposes described in subclause (A), or
(C) for the purposes described in subclauses (A) and (B);
(2) to the condition that if such property is not used for one
or more of the purposes described in subclause (A) or (B), all
right, title, and interest in and to such real property shall
revert to the United States, which shall have the right of
immediate entry thereon; and
(3) to such other conditions as the Secretary may prescribe to
protect the interest of the United States.
(c)(1) The real property referred to in subsection (a) is a certain
tract or parcel of land containing 300 acres more or less (less that
land occupied on the date of the enactment of this Act by the Department
of the Navy), lying within range 1 west, township 4 south, parts of
sections 8 and 9, and more particularly described as beginning at the
established northeast corner of the Alabama Space and Rocket Center,
running east along the Redstone Arsenal northern boundary, thence south
along the Redstone Arsenal eastern boundary to a point north of the
northwest corner of the intersection of Patton Road and Goss Road,
thence west parallel to the north site of Goss Road to Mac Donald Creek,
thence northwesterly parallel to the east bank of the creek to the
northern line of the Tennessee Valley Authority easement, thence west
along the easement to the Alabama Space and Rocket Center established
corner, thence north and east along the Alabama Space and Rocket Center
boundary to point of beginning.
(2) The exact description of such property shall be determined by a
survey approved by the Secretary.
(d)(1) The real property conveyed by the United States to the Alabama
Space Science Exhibit Commission under the authority of Public Law 90 -
276 // 82 Stat. 68. // may, in addition to the use authorized by
section 3 of such Public Law, be used for educational and recreational
purposes related to the use authorized by such section.
(2) Use of such property under this section shall be subject to the
same condition as the condition prescribed in section 3 of such Public
Law.
Sec. 814. Section 603(a) of the Military Construction Authorization
Act, 1979 (Public Law 95 - 356; 92 Stat. 565), // 92 Stat. 580. // is
amended by striking out "(a),(b),(c)" and inserting in lieu thereof
"(b),(c),(d)".
Approved November 26, 1979.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 96 - 149 accompanying H.R. 3947 (Comm. on Armed
Services) and No. 96 - 595 (Comm. of Conference).
SENATE REPORTS: No. 96 - 209 (Comm. on Armed Services) and No. 96 -
259 (Comm. on Labor and Human Resources).
CONGRESSIONAL RECORD, Vol. 125 (1979):
July 12, 30, considered and passed Senate.
Oct. 24, H.R. 3947 considered and passed House; passage
vacated and S. 1319, amended, passed in lieu.
Nov. 9, Senate agreed to conference report.
Nov. 16, House agreed to conference report.
PUBLIC LAW 96-124, 93 Stat, 927
passed by the Council of the
District of Columbia, to take effect immediately.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 602(c)(1)
of the District of Columbia Self-Government and Governmental
Reorganization Act // D.C. Code 1 - 147. // shall not apply to the
Interest Rate Modification Act of 1979 (District of Columbia act 3 -
119) passed by the Council of the District of Columbia on November 6,
1979, and signed by the Mayor of the District of Columbia on November 6,
1979, and such District of Columbia act shall become law on the date of
the enactment of this Act, notwithstanding section 404(e) of the
District of Columbia Self-Government and Governmental Reorganization Act
// D.C. Code 1 - 144. // and any provision to the contrary in such
District of Columbia act.
Approved November 20, 1979.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 603 (Comm. on District of Columbia).
CONGRESSIONAL RECORD, Vol. 125 (1979):
Nov. 13, considered and passed House.
Nov. 16, considered and passed Senate.
PUBLIC LAW 96-123, 93 STAT, 923
year 1980, and for other
purposes.
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 1980, and for othe purposes, namely:
SEC. 101. (a)(1) Such amounts as may be necessary for continuing
projects or activities (not otherwise specifically provided for in this
joint resolution) which were conducted in the fiscal year 1979 and for
which appropriations, funds or other authority would be available in the
following appropriation Acts:
Foreign Assistance and Related Programs Appropriations Act,
1980, notwithstanding section 10 of Public Law 91 - 672,
// 22 USC 2412. //
and section 15(a) of the Act entitled, " An Act to provide certain
basic authority for the Department of State", approved August 1,
1956, as amended;
// 22 USC 2680. //
Department of the Interior and Related Agencies Appropriation
Act, 1980; and
Military Construction Appropriation Act, 1980.
(2) Appropriations made by this subsection shall be available to the
extent and in the manner which would be provided by the pertinent
appropriation Act: Provided, That none of the funds made available by
this joint resolution for Foreign Assistance and Related Programs shall
be used for military or economic aid for Iran.
(3) Whenever the amount which would be made available or the
authority which would be granted under an Act listed in this subsection
as passed by the House as of October 1, 1979, is different from that
which would be available or granted under such Act as passed by the
Senate as of October 1, 1979, the pertinent project or activity shall be
continued under the lesser amount or the more restrictive authority.
(4) Whenever an Act listed in this subsection has been passed by only
one House as of October 1, 1979, or where an item is included in only
one version of an Act as passed by both Houses as of October 1, 1979,
the pertinent project or activity shall be continued under the
appropriation, fund, or authority granted by the one House, but at a
rate for operations not exceeding the current rate or the rate permitted
by the action of the one House, whichever is lower, and under the
authority and conditions provided in applicable appropriation Acts for
the fiscal year 1979: Provided, That no provision which is included in
an appropriation Act enumerated in this subsection but which was not
included in the applicable appropriation Act of 1979, and which by its
terms is applicable to more than one appropriation, fund, or authority
shall be applicable to any appropriation, fund, or authority provided in
the joint resolution unless such provision shall have been included in
identical form in such bill as enacted by both the House and the Senate.
(b) Such amounts as may be necessary for continuing projects or
activities which were conducted in fiscal year 1979 for which provision
was made in the Department of Defense Appropriation Act, 1979, at a rate
of operations not in excess of the current rate or the rate provided in
the budget estimate, whichever is lower, and under the more restrictive
authority.
(c) Such amounts as may be necessary for continuing the following
activities, not otherwise provided for, which were conducted in fiscal
year 1979, but at a rate for operations not in excess of the current
rate:
activities under the Domestic Volunteer Service Act;
// 42 USC 4951 //
activities for support of nursing research under section 301 of
the Public Health Service Act;
// 42 USC 241. //
activities for support of nursing fellowships and for support
of training programs and program support related to alcholism
under sections 301,303, and 472 of the Public Health Service Act;
// 42 USC 241, 242a, 289l-1. //
activities under section 789 and titles VIII, XII, XV, and XVII
of the Public Health Service Act,
// 42 USC 295g-9, 296, 300d, 300k-1, 300u. //
except that activities under title XV of the Public Health Service
Act shall be conducted at not to exceed an annual rate for
obligations of $169,717,000;
activities under sections 204 and 213 of the Community Mental
Health Centers Act;
// 42 USC 2689c, 2689h. //
activities under title IV of the Drug Abuse Office and
Treatment Act;
// 42 USC 257, 246; 21 USC 1171 - 1180. //
activities under titles III and V of the Comprehensive Alchol
Abuse and Alcholism Prevention, Treatment and Rehabilitation Act;
// 42 USC 4571, 4585. //
activities under section 2 of the Indochina Migration and
Refugee Assistance Act;
// 22 USC 2601 //
activities of the National Board for the Promotion of Rifle
Practice;
activities of the Federal Trade Commission: Provided, That
none of the funds made available by this joint resolution for the
Federal Trade Commission may be used for the final promulgation of
trade regulation rules authorized by section 18 of the Federal
Trade Commission Act,
// 15 USC 57a. //
as amended, nor to initiate any new activities: Provided, That no
new trade regulation rules promulgated under the authority of
section 18 of the Federal Trade Commission Act, as amended, after
august 30, 1979, are to become effective during the period covered
by this joint resolution for the Federal Trade Commission, unless
authorizing legislation for the Federal Trade Commission is
enacted into law during such period: Provided, That
notwithstanding the provisions of section 102(c) of this joint
resolution, the authority and funds made available herein shall
remain available only until March 15, 1980;
activities under the Omnibus Crime Control and Safe Streets Act
of 1968,
// 42 USC 3701 //
as amended, except that such activities shall be continued at a
rate of operations not in excess of appropriations contained in
the Department of Justice Appropriation Act, 1980, for the Office
of Justice Assistance, Research, and Statistics;
activities of the Economic Development Administration; and
activities of the Regional Action Planning Commissions.
(d) Notwithstanding the funding rates provided for in section 101(
a), activities of the Department of State for Migration and Refugee
Assistance shall be funded at not to exceed an annual rate for
obligations of $456,241,000, notwithstanding section 15(a) of the Act
entitled, " An Act to provide certain basic authority for the Department
of State", approved August 1, 1956, as amended, and section 10 of Public
Law 91 - 672. // 22 USC 2680. 22 USC 2412. //
(e) Such amounts as may be necessary for projects or activities which
were conducted in fiscal year 1979 and for which provision was made in
the Department of Transportation and Related Agencies Appropriation Act,
1979, // 92 Stat. 435. // or chapter X of the Supplement
Apprropriations Act, 1979, at a rate of operations not in excess of the
current rate or the rate provided in the budget estimate, whichever is
lower, and under the more restrictive authority: Provided, That the
Panama Canal Commission is authorized to incur obligations at the rate
of operations, and to the extent and in the manner provided for in H.R.
4440 as passed the House of Representatives on September 18, 1979, to
meet operational and captial requirements of the Panama Canal in
conformance with applicable legislation and the Panama Canal Treaty of
1977, notwithstanding the provisions of section 106 of this joint
resolution: Provided further, That the Interstate Commerce Commission
is authorized to incur obligations for payments for directed rail
service at the rate of operations and to the extent and manner provided
for in H.R. 4440 as passed by the House of Representatives on September
18, 1979.
(f) Such amounts as may be necessary for the programs or activities
of the Federal Inspector for the Alaska Gas Pipeline, at a rate of
operations not in excess of 35 per centum of the fiscal year 1980 budget
estimate.
(g) 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, 1980 (H.R. 4389), at a
rate of operations, and to the extent and in the manner, provided for in
such Act as adopted by the House of Representatives on August 2, 1979,
notwithstanding the provisions of section 106 of this joint resolution.
(h) To carry out title II of the Indochina Refugee Children
Assistance Act of 1976 (Public Law 95 - 561), // 92 Stat. 2363. //
$12,000,000, notwithstanding the provisions of section 106 of this joint
resolution: // 20 USC 1211b // Provided, That this amount shall become
available for obligation only upon submission to Congress by the
President of a budget estimate pursuant to law.
SEC. 102. Appropriations and funds made available and authority
granted pursuant to this joint resolution shall be available from
November 20, 1979, 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) enactment of the applicable appropriation Act
by both Houses without any provision for such project or activity, or
(c) September 30, 1980, 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 section 665(d)(2) of title 31, United States Code, 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 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 1979.
SEC. 107. None of the funds contained in this Act shall be used for
the reorganization of the Alaska Railroad Office of the Chief Counsel,
Office of Real Estate or Office of Financial Planning, or for the
consolidation of those Offices into the Office of the Alaska Railroad
General Manager.
SEC. 108. 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.
SEC. 109. Notwithstanding any other provision of this joint
resolution except section 102, none of the funds provided by this joint
resolution shall be used to perform abortions except where the life of
the mother would be endangered if the fetus were carried to term; or
except for such medical procedures necessary for the victims of rape or
incest when such rape or incest has been reported promptly to a law
enforcement agency or public health service;
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.
SEC. 110. Notwithstanding any other provision of this joint
resolution, except section 102, none of the funds provided by this joint
resolution shall be used for military or economic aid for Iran.
SEC. 111. For an additional amount for " Executive Office of the
President, Office of the Special Representative for Trade Negotiations,
Salaries and Expenses", $3,800,000, of which not to exceed $15,000 shall
be available for official reception and representation expenses.
SEC. 112. For an additional amount for " Public Law 480",
$24,000,000. The amount for titles I and III shall be reduced by
$34,528,000 and the amount for title II shall be increased by
$58,528,000. The authorized program level for title II is increased by
$50,362,000. Funds provided in this section shall remain available
until expended.
Approved November 20, 1979.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 96 - 609 (Comm. on Appropriations) and No. 96 -
646 (Comm. of Conference).
CONGRESSIONAL RECORD, Vol. 125 (1979):
Nov. 13, considered and passed House.
Nov. 15, considered and passed Senate, amended.
Nov. 16, House agreed to conference report; receded from its
disagreement and concurred in Senate amendment No. 6; receded
from its disagreement and concurred with an amendment to Senate
amendment No. 5. Senate to conference report and House amendment.
PUBLIC LAW 96-122, 93 STAT, 866, DISTRICT OF COLUMBIA RETIREMENT
REFORM ACT
retirement benefits for police
officers, fire fighters, teachers, and judges of the
District of Columbia and to
make certain changes in such benefits.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Section 1. This Act, with the following table of contents, may be
cited as the " District of Columbia Retirement Reform Act".
Sec. 1. Short title and table of contents.
Sec. 101. Findings and purpose.
Sec. 102. Definitions.
Retirement Funds
Sec. 121. District of Columbia Retirement Board.
Sec. 122. District of Columbia Police Officers and Fire Fighters'
Retirement Fund.
Sec. 123. District of Columbia Teachers' Retirement Fund.
Sec. 124. District of Columbia Judges' Retirement Fund.
Sec. 125. Management of Retirement Funds.
Sec. 126. Payments from the Funds.
Sec. 141. Limitation on investment of Retirement Funds.
Sec. 142. Determination of Federal and District of Columbia payments
to the Funds.
Sec. 143. Information about retirement programs.
Sec. 144. Federal and District of Columbia payments to the Funds.
Sec. 145. Reduction in Federal contribution for excessive cost of
police officers and fire fighters' disability retirement.
Sec. 146. Conforming amendments.
Sec. 161. Personal financial disclosure by Board members.
Sec. 162. Annual reports.
Sec. 163. Retirement program summary description.
Sec. 164. Filing reports and furnishing information to participants.
Sec. 165. Reporting of participants' benefit rights.
Sec. 166. Public information.
Sec. 167. Retention of records.
Sec. 168. Additional information.
Sec. 169. Criminal penalties.
Sec. 181. Fiduciary responsibilities.
Sec. 182. Liability for breach of fiduciary duty.
Sec. 183. Exculpatory provisions; insurance.
Sec. 184. Prohibition against certain persons holding certain
positions.
Sec. 185. Bonding.
Sec. 186. Limitation on actions.
Sec. 187. Civil enforcement.
Sec. 188. Claims procedure.
Retirement Benefits
Sec. 201. Salary base period for computation of annuity.
Sec. 202. Creditable service for full-time officials of employee
organizations.
Sec. 203. Requirements for optional retirement.
Sec. 204. Disability retirement.
Sec. 205. Recovery from disability.
Sec. 206. Survivors' annuities.
Sec. 207. Deferred annuities.
Sec. 208. Interest on refunds and on deposits for prior service
credit.
Sec. 209. Cost-of-living adjustments of annuities.
Sec. 210. Authority to waive collection of overpayments.
Sec. 211. Commencing date of payment of annuities.
Sec. 212. Payment of annuities to minors and mental incompetents.
Sec. 213. Improvements in administration of disability retirements.
Sec. 214. Restriction on retired police officers and fire fighters
receiving annuity while employed by the District of Columbia government.
Sec. 251. Cost-of-living adjustments of teachers' annuities.
Sec. 252. Cost-of-living adjustments of judges' annuities.
Sec. 253. Interest on teachers' refunds and deposits.
Sec. 254. Interest on judges' redeposits.
Sec. 255. Restoration of teachers' annuities in the event of
predeceased beneficiaries.
Sec. 256. Termination of teachers' disability annuities based on
outside earned income.
Sec. 257. Restriction on retired teachers receiving annuity while
employed by the District of Columbia government.
Sec. 101. (a) The Congress finds that the retirement benefits
authorized by various Acts of Congress for the police officers, fire
fighters, teachers, and judges of the District of Columbia have not been
financed on an actuarially sound basis. Neither Federal payments to the
District nor District of Columbia appropriations have taken into account
the long-term financial requirements of the District's retirement
programs. As a result, the annual budget cost to the District of
Columbia for annuities and refunds of deductions is growing at a rapid
rate and, in the case of the retirement program for police officers and
fire fighters, is predicted to exceed the cost of salaries for active
police officers and fire fighters by the year 2000.
(b) It is the purpose of this title--,
(1) to establish separate retirement Funds for police officers
and fire fighters, for teachers, and for judges of the District of
Columbia;
(2) to establish a Retirement Board with responsibility for
managing these Funds;
(3) to require that these Funds be managed on an actuarially
sound basis in order to provide proper financing for the benfits
to which the District's retired police officers, fire fighters,
teachers, and judges are entitled;
(4) to require that the Retirement Board comply with reporting
and disclosure requirements similar to those imposed under the
Employee Retirement Income Security Act of 1974;
// 29 USC 1001 // and
(5) to provide for Federal payments to these Funds to help
finance, in part, the liabilities for retirement benefits incurred
by the District of Columbia prior to the establishment of
self-government under the District of Columbia Self-Government and
Governmental Reorganization Act.
// D.C. Code 1 - 121 //
Sec. 102. As used in this title:
(1) The term " Mayor" means the Mayor of the District of
Columbia.
(2) The term " Council" means the Council of the District of
Columbia.
(3) The term " Speaker" means the Speaker of the House of
Representatives.
(4) The term " President pro tempore" means the President pro
tempore of the Senate.
(5) The term " Board" means the District of Columbia Retirement
Board established by section 121 of this Act.
(6) The term " Custodian of Retirement Funds" means the Board,
except that until such time as the members of the Board are first
elected and the Board certifies pursuant to section 121(h) that it
is assuming responsibility for the Funds established by this
title, ter term " Custodian of Retirement Funds" means the
Director of the Office of Budget and Financial Management of the
District of Columbia (established by Organization Order Numbered
30, Commissioner's Order Numbered 72 - 80, April 5, 1972 (D.C.
Code, title 1--Appendix)).
(7) The term "retirement program" means--,
Metropolitan
Police force and the Fire Department of the
District of
Columbia, but does not include the program of
annuities and
other retirement and disability benefits for members and
officers of the United States Park Police force,
the Executive
Protective Service, or the United States Secret
Service
Division under the Policement and Firemen's
Retirement
and Disability Act;
// D.C. Code 4 - 521 //
District of
Columbia under subchapter III of chapter 15 of
title 11 of the
District of Columbia Code;
// D.C. Code 11 - 1561. // or
schools of
the District of Columbia.
(8) The term " State" means any State of the United States, the
District of Columbia, Puerto Rico, the Virgin Islands, American
Samoa, Guam, Wake Island, and the Canal Zone.
(9) The term "party in interest" means--,
subparagraph
(A) or (B).
(10) The term " Fund" means the District of Columbia Police
Officers and Fire Fighters' Retirement Fund established by section
122, the District of Columbia Teachers' Retirement Fund
established by section 123, or the District of Columbia Judges'
Retirement Fund established by section 124.
(11) The term "current value" means fair market value where
available (as determined in good faith by a fiduciary in
accordance with regulations promulgated by the Board) or otherwise
the fair value (as determined in good faith by a fiduciary in
accordance with regulations promulgated by the Board), assuming an
orderly liquidation at the time of such determination.
(12) The term "future value" means a liability for a given
prior fiscal year expressed in terms of the price level expected
to prevail in a given future fiscal year, adjusted at the rate of
inflation used with regard to determinations made under section
142(a)(1).
(13) The term "qualified public accountant" means a person who
is a certified public accountant, certified by a regulatory
authority of a State.
(14) The term "enrolled actuary" means an actuary enrolled
under subtitle C of title III of the Employee Retirement Income
Security Act of 1974.
// 29 USC 1241. //
(15) The term "security" means
// 29 USC 77b. //
a security as defined in section 2(1) of the Securities Act of
1933.
// 29 USC 77b. //
(16) The term "employee organization" means any labor union or
any organization of any kind, or any agency or employee
representation committee, association, group, or plan, in which
individuals covered by a retirement program participate and which
exists for the purpose, in whole or in part, of dealing with the
government of the District of Columbia concerning such retirement
program.
(17) The term "teacher" means a teacher as defined in section
13 of the Act entitled " An Act for the retirement of
public-school teachers in the District of Columbia", approved
August 7, 1946 (D.C. Code, sec. 31 - 733).
(18) The term "judge" means a judge as defined in section 11 -
1561(1) of title 11 of the District of Columbia Code.
(19) The term "participant" does not include an officer or
member of the United States Park Police force, the Executive
Protective Service, or the United States Secret Service Division
to whom the Policemen and Firemen's Retirement and Disability Act
applies; and, unless the context requires otherwise, the term
"beneficiary" does not include a beneficiary under such Act of any
such officer or member.
Retirement
Funds
Sec. 121. (a) There is established, as an independent agency of the
government of the District of Columbia, a board of trustees to be known
as the District of Columbia Retirement Board which shall have exclusive
authority and discretion (subject to the requirements of this title) to
manage and control the Funds established by this title.
(b)(1) The Board shall consist of eleven members selected as follows:
(A) One member or officer of the Metropolitan Police force of
the District of Columbia, to be elected by the members and
officers of the Metropolitan Police force.
(B) One retired member or officer of the Metropolitan Police
force of the District of Columbia, to be elected by the retired
members and officers of the Metropolitan Police force.
(C) One member or officer of the Fire Department of the
District of Columbia, to be elected by the members and officers of
the Fire Department.
(D) One retired member or officer of the Fire Department of the
District of Columbia, to be elected by the retired members and
officers of the Fire Department.
(E) One teacher in the public day schools of the District of
Columbia, to be elected by the teachers of the public day schools
of the District of Columbia.
(F) One teacher in the public day schools of the District of
Columbia who is retired, to be elected by the retired teachers of
the public day schools of the District of Columbia.
(G) Two individuals appointed by the Council of the District of
Columbia.
(H) Three individuals appointed by the Mayor.
A vacancy on the Board shall be filled in the manner in which the
original selection was made.
(2) The first election of the Board members described in
subparagraphs (A) through (F) of paragraph (1) shall be conducted within
six months after the date of the enactment of this title in accordance
with regulations which the Mayor shall promulgate. Thereafter,
elections shall be conducted by the Board. In any such election, voting
shall be by secret ballot, and each individual to be represented on the
Board by the winner of such election shall be eligible to vote in such
election.
(3)(A) Except as provided in subparagraph (B), the members of the
Board shall each serve a term of four years, except that a member
selected to fill a vacancy occurring prior to the end of the term for
which his predecessor was selected shall only serve until the end of
such term. A member may serve after the expiration of his term until
his successor has taken office.
(B) Of the members of the Board who are first selected--,
(i) two shall serve for a term of one year,
(ii) three shall serve for a term of two years,
(iii) three shall serve for a term of three years, and
(iv) three shall serve for a term of four years,
as determined by lot at the first meeting of the Board.
(4) No individual shall serve more than two terms as a member of the
Board, except that an individual serving less than two years of a term
to which some other individual was originally selected shall be eligible
for two full terms as a member of the Board and an individual serving
two years or more of a term to which some other individual was
originally selected shall be eligible for only one full term as a member
of the Board.
(5) Any individual who was selected as a mamber of the Board under
subparagraph (A), (C), or (E) of paragraph (1) and who ceases to be a
member or officer of the Metropolitan Police force, member or officer of
the Fire Department, or a teacher, as the case may be, may not continue
as a member of the Board.
(6) No member of the Board may hold or be a candidate for any
elective office in the District of Columbia.
(7) No member of the Board may have any personal interest, direct or
indirect (except as a participant in a retirement program), in any
transaction involving assets of the Funds established by this title and
shall otherwise comply with the standards of conduct applicable to
fiduciaries in the District of Columbia, as well as those standards of
conduct established by part E of this title.
(8) Not less than two of the members of the Board appointed by the
Mayor under paragraph (1) shall be individuals who have professional
work experience in the banking, insurance, or investment industry.
(9) Any member of the Board may be removed from the Board by a vote
of two-thirds of the members of the Board for a breach of fiduciary
responsibility with respect to a Fund or for a violation of section 184.
(10) The Board shall elect one member of the Board to be chairman of
the Board. The chairman shall be elected for a term of one year, but
may be removed from such position by a vote of two-thirds of the members
of the Board.
(11) The Director of the Office of Budget and Financial Management of
the District of Columbia shall be an ex officio member of the Board, but
shall not vote, shall not be eligible to be elected chairman of the
Board, and shall not be counted for purposes of a quorum.
(c) Subject to the availability of appropriations therefor, each
member of the Board shall be entitled to receive the hourly equivalent
of the annual rate of pay in effect for the highest step of grade GS -
15 of the General Schedule under section 5332 of title 5, United States
Code, // 44 FR 58671. // for each hour such member is engaged in the
actual performance of duties vested in the Board, except that any member
of the Board who is a full-time officer or employee of the District of
Columbia or the United States shall not be entitled to receive pay under
this subsection for performance of duties vested in the Board.
(d)(1) The Board shall meet at least once each calendar quarter at a
regular and specified time. It shall meet at such other times as the
chairman or any three members of the Board may prescribe.
(2) Any six members shall constitute a quorum for the transaction of
the business of the Board.
(3) Except as otherwise provided in this title, actions of the Board
shall be determined by a majority vote of the members present and
voting.
(e) The Board shall from time to time promulgate rules and
regulations, adopt resolutions, issue directives for the administratin
and transaction of its business and for the control of the Funds
established by this title, and perform such other functins as may be
necessary to carry out its responsibilities under this title.
(f)(1) All administrative expenses incurred by the Board in carrying
out this title, including compensation for the members of the Board,
shall be paid out of funds appropriated for such purpose.
(2) The budget prepared and submitted by the Mayor pursuant to
section 442 of the District f Columbia Self-Government and Governmental
Reorganization Act // D.C. Code 47 - 221. // shall include recommended
expenditures at a reasonable level for the forthcoming fiscal year for
the administrative expenses of the Board.
(3) The Mayor and the Council may establish the amount of funds which
will be allocated to the Board for administrative expenses, but may not
specify the purposes for which such funds may be expended or the amounts
which may be expended for the various activities of the Board.
(g)(1) The Board shall engage the services of competent investment
counsel or counsels who shall be qualified under the Investment Advisors
Act of 1940, // 15 USC 80b - 20. // Such investment counsel or counsels
shall be fiduciaries, to the extent designated by the Board, with
respect to services rendered to the Board. Such fiduciary relationship
shall be specified in a written agreement between the investment counsel
or counsels and the Board.
(2) The Board may appoint such staff as it considers necessary to
enable it to carry out its responsibilities under this title. The staff
of the Board shall be appointed subject to the provisions of title 5,
United States Code. // 5 USC 101 // governing appointments in the
competitive service, and shall be paid in accordance with the provisions
of chapter 51 and subchapter III of chapter 53 of such title // 5 USC
5101 5 USC 5331. // relating to classification and General Schedule pay
rates, except that no staff member may receive pay in excess of the
annual rate of basic pay in effect for GS - 15 of the General Schedule
under section 5332 of title 5, United States Code. // 44 FR 58671. //
(h) Not more than ninety days after all initial members of the Board
have been selected in accordance with subsection (b) of this section,
the Board shall certify in writing to the Director of the Office of
Budget and Financial Management of the District of Columbia that the
Board is assuming responsibility for the Funds established by this
title.
FIGHTERS'
RETIREMENT FUND
Sec. 122. (a) There is established a fund to be known as the
District of Columbia Police Officers and Fire Fighters' Retirement Fund
into which shall be deposited the following, which shall constitute the
assets of the Fund:
(1) Any amount paid to the Custodian of Retirement Funds
pursuant to the last sentence of subsection (d)(1) or to
subsection (c)(5) of the Policemen and Firemen's Retirement and
Disability Act
// D.C. Code 4 - 524, 4 - 523. //
or pursuant to the proviso in the paragraph under the heading "
Policemen and Firemen's Relief Fund" in the Act of June 14, 1935.
// D.C. Code 4 - 502. //
(2) Any amount appropriated for such Fund under part C of this
title.
(3) Any return on investment of the assets of such Fund.
After September 30, 1979, or after the end of the thirty-day period
beginning on the date on which funds are first appropriated to the
District of Columbia Police Officers and Fire Fighters' Retirement Fund,
whichever is later, all payments of annuities and other retirement and
disability benefits (including refunds and lump-sum payments) under the
Policemen and Firemen's Retirement and Disability Act shall be made from
the Fund (except for any such payment which is made to an officer or
member of the United States Park Police force, the Executive Protective
Service, or the United States Secret Service Division, or to a
beneficiary of any such officer or member).
(b)(1) The last sentence of subsection (d)(1) of the Policemen and
Firemen's Retirement and Disability Act (D.C. Code, sec. 4 - 524(1)) is
amended by striking out " Such" and inserting in lieu thereof " In the
case of a member who is an officer or member of the Metropolitan Police
force or the Fire Department of the District of Columbia, such
deductions and withholdings shall be paid t the Custodian of Retirement
Funds (as defined in section 102(6) of the District of Columbia
Retirement Reform Act) and shall be deposited in the District of
Columbia Police Officers and Fire Fighters' Retirement Fund established
by section 122(a) of such Act; and in the case of any other member,
such".
(2) The proviso in the paragraph under the heading " Policemen and
Firemen's Relief Fund" in the Act of June 14, 1935 (D.C. Code, sec. 4 -
502), is amended by inserting immediately before the period the
following:", except that all moneys required to be deposited with
respect to officers and members of the Metropolitan Police force or the
Fire Department of the District of Columbia shall be paid to the
Custodian of Retirement Funds (as defined in sectin 102(6) of the
District of Columbia Retirement Reform Act) for deposit in the District
of Columbia Police Officers and Fire Fighters' Retirement Fund
established by section 122(a) of such Act".
(3) The Act entitled " An Act to credit active service in the
military or naval forces of the United States in determining eligibility
for and the amount of benefits from the policemen and firemen's relief
fund, District of Columbia", approved July 21, 1947 (D.C. Code, sec. 4 -
504a), is amended by inserting" or the District of Columbia Police
Officers and Fire Fighters' Retirement Fund (established by section
122(a) of the District of Columbia Retirement Reform Act)" immediately
after " District of Columbia," the first place it appears.
(c) The amendments made by paragraphs (1) and (2) of subsection (b)
shall take effect at the end of the ninety-day period beginning on the
date of the enactment of this Act. The amendment made by paragraph (3)
of such subsection shall take effect on such date of enactment.
Sec. 123. (a) There is established a fund to be known as the
District of Columbia Teachers' Retirement Fund into which shall be
deposited the following, which shall constitue the assets of the Fund:
(1) Any amount paid to the Custodian of Retirement Funds
pursuant to the Act entitled " An Act for the retirement of
public-school teachers in the District of Columbia", approved
August 7, 1946,
// D.C. Code 31 - 721 //
or under the Act entitled, " An Act to authorize certain teachers
in the public schools of the District of Columbia to count as
creditable service for retirement purposes certain periods of
authorized leave without pay taken by such teachers for
educational purposes", approved June 27, 1960.
// 31 USC 745. //
(2) Any aset transferred to such Fund under subsection (c).
(3) Any amount appropriated for such Fund under part C of this
title.
(4) Any return on investment of assets of such Fund.
Annuities and other retirement and disability benefits (including
refunds and lump-sum payments) payable from the District of Columbia
teachers' retirement and annuity fund established by section 2 of the
Act of August 7, 1946, // D.C. Code 31 - 722. // shall continue to be
paid from such fund until all amounts in such fund have been expended or
transferred under subsection (c) to the District of Columbia Teachers'
Retirement Fund, and thereafter such benefits shall be paid from the
District of Columbia Teachers' Retirement Fund.
(b)(1) The Act entitled " An Act for the retirement of public-school
teachers in the District of Columbia, approved August 7, 1946, is
amended--,
(A) in the first section (D.C. Code, sec. 31 - 721)--,
following
new sentence: " After the end of the ninety-day period
beginning on the date of the enactment of the District
of
Columbia Retirement Reform Act, any amounts deducted
and withheld pursuant to this paragraph shall be paid
to the
Custodian of Retirement Funds (as defined in section
102(6)
of such Act) for deposit in the District of Columbia
Teachers'
Retirement Fund established by section 123(a) of such
Act.",
and
Columbia," and
inserting in lieu thereof " Custodian of Retirement
Funds";
(B) in section 2 (D.C. Code, sec. 31 - 722), by striking out "
The" in the first sentence and inserting in lieu thereof " Until
the end of the ninety-day period beginning on the date of the
enactment of the District of Columbia Retirement Reform Act, the";
(C) in clause (ii) of paragraph (1) of section 5(b) (D.C.
Code, sec. 31 - 725(b)(1)(ii)), by striking out "returned to the
teachers' retirement and annuity fund established under section 2
of this Act"
// D.C. Code 31 - 722. //
and inserting in lieu thereof "repaid to the Custodian of
Retirement Funds (as defined in section 102(6) of the District of
Columbia Retirement Reform Act) for deposit in the District of
Columbia Teachers' Retirement Fund established by section 123(a)
of such Act";
(D) in section 9(a) (D.C. Code, sec. 31 - 729(a)), by striking
out "deposit in the fund" in the second proviso and inserting in
lieu thereof "repay to the Custodian of Retirement Funds (as
defined in section 102(6) of the District of Columbia Retirement
Reform Act) for deposit in the District of Columbia Teachers'
Retirement Fund established by section 123(a) of such Act,"; (E)
in clause (ii) of section 9(b)(1) (D.C. Code, sec. 31 - 729(b)(
1)), by striking out "returned to the teachers' retirement and
annuity fund established under section 2 of this Act" and
inserting in lieu thereof "repaid to the Custodian of Retirement
Funds (as defined in section 102(6) of the District of Columbia
Retirement Reform Act) for deposit in the District of Columbia
Teachers' Retirement Fund established by section 123(a) of such
Act"; and
(F) in section 17 (D.C. Code, sec. 31 - 737), by inserting
"(including any assets of the District of Columbia Teachers'
Retirement Fund established by section 123(a) of the District of
Columbia Retirement Reform Act)" immediately after " Act".
(2) Section 4 of the Act entitled " An Act to increase annuities
payable to certain annuitants from the District of Columbia teachers'
retirement and annuity fund, and for other purposes", approved September
2, 1958 (D.C. Code, sec. 31 - 744), is amended by inserting immediately
before the period at the end of the first sentence the following:
"until such time as all amounts in such fund have been expended or
transferred under section 123(c) of the District of Columbia Retirement
Reform Act to the District of Columbia Teachers' Retirement Fund
established by section 123(a) of such Act and thereafter from the
District of Columbia Teachers' Retirement Fund".
(3) The Act entitled " An Act to authorize certain teachers in the
public schools of the District of Columbia to count as creditable
service for retirement purposes certain periods of authorized leave
without pay taken by such teachers for educational purposes", approved
June 27, 1960 (D.C. Code, sec. 31 - 745), is amended by striking out
"the deposit by such teacher to the credit of the teachers' retirement
and annuity fund of the District of Columbia" and inserting in lieu
thereof "payment by such teacher to the Custodian of Retirement Funds
(as defined in section 102(6) of the District of Columbia Retirement
Reform Act), for deposit in the District of Columbia Teachers'
Retirement Fund established by section 123(a) of such Act,".
(c) Notwithstanding any other provision of law, any asset held in the
District of Columbia teachers' retirement and annuity fund established
by section 2 of the Act of August 7, 1946, // D.C. Code 31 - 722. //
may be transferred to the District of Columbia Teachers' Retirement Fund
established by subsection (a).
(d) The amendments made by subsection (b) shall take effect at the
end of the ninety-day period beginning on the date of the enactment of
this Act.
Sec. 124. (a) There is established a fund to be known as the
District of Columbia Judges' Retirement Fund into which shall be
deposited the following, which shall constitute the assets of the Fund:
(1) Any amount deposited pursuant to subchapter III of chapter
// D.C. Code 11 - 1561 //
15 of title 11 of the District of Columbia Code.
(2) Any asset transferred to such Fund under subsection (c).
(3) Any amount appropriated for such Fund under part C of this
title.
(4) Any return on investment of the assets of such Fund.
(b)(1) Section 11 - 1561(4) of title 11 of the District of Columbia
Code is amended by striking out " Judicial Retirement and Survivors
Annuity Fund as provided in section 11 - 15707" and inserting in lieu
thereof " Judges" Retirement Fund established by section 124(a) of the
District of Columbia Retirement Reform Act".
(2) Section 11 - 1563(a) of such title 11 is amended by striking out
"deposited in the fund in accordance with procedures established by the
Commissioner" and inserting in lieu thereof "paid to the Custodian of
Retirement Funds (as defined in section 102(6) of the District of
Columbia Retirement Reform Act) for deposit in the fund".
(3) Section 11 - 1564(d)(4) of such title 11 is amended in the first
sentence by striking out " Judicial Retirement and Survivors Annuity
Fund" and inserting in lieu thereof " Judges' Retirement Fund
established by section 124(a) of the District of Columbia Retirement
Reform Act".
(4) Section 11 - 1570 of such title 11 is amended--,
(A) in subsection (a)--,
Columbia
Judges' Retirement Fund established by
section 124(a) of
the District of Columbia Retirement Reform Aft";
and
the
retirement salaries, annuities, refunds, and allowances
provided
for in this subchapter shall be paid from such Fund.";
(B) in subsection (b)--,
Retirement and
Survivors Annuity Fund";
and
and
inserting in lieu thereof " District of Columbia
Judicial
Retirement and Survivors Annuity Fund"; and
(C) in subsection (d), by inserting "(including moneys in the
District of Columbia Judges' Retirement Fund)" immediately after
"subchapter".
(c) Notwithstanding any other provision of law, any asset held in the
District of Columbia Judicial Retirement and Survivors Annuity Fund may
be transferred to the District of Columbia Judges' Retirement Fund
established by subsection (a).
(d) The amendments made by subsection (b) shall take effect at the
end of the ninety-day period beginning on the date of the enactment of
this Act.
Sec. 125. (a) The Custodian of Retirement Funds shall be the
custodian of the assets of each Fund established by this title and shall
manage and invest such assets in accordance with this title.
(b) The assets of each Fund shall be kept separate from other moneys
which may be under the control of the Custodian of Retirement Funds, but
need not be kept separate from the assets of the other Funds if the
Board determines that commingling of such assets is advisable for
investment purposes.
(c) The Board shall maintain, in an appropriate depository, a cash
reserve for the Funds in an amount determined by the Board to be
sufficient to meet current outlays for annuities and other retirement
and disability benefits authorized to be paid from such Funds.
Sec. 126. The Mayor shall notify the Custodian of Retirement Funds
of any payments to be made from the Funds established by this title for
annuities or other retirement or disability benefits (including refunds
and lump-sum payments), and the Custodian of Retirement Funds shall make
such payments from the appropriate Fund.
Sec. 141. (a) The assets of the Funds established by this title may
not be invested in the following:
(1) Interest-bearing bonds, notes, bills, or certificates of
indebtedness of the government of the District of Columbia, the
government of the Commonwealth of Virginia, or the government of
the State of Maryland, or the government of any policial
subdivision thereof, or of any entity subject to control by any
such government or any combination of any such governments.
(2) Obligations fully guaranteed as to the payment of both
principal and interest by the government of the District of
Columbia, the government of the Commonwealth of Virginia, or the
government of the State of Maryland, or the government of any
political subdivision thereof, or of any entity subject to control
by any such government or any combination of any such governments.
(3) Real property in the District of Columbia, Virginia, or
Maryland.
(4) Loans, mortgages, bonds, notes, bills, or certificates of
indebtedness secured, in whole or in part, by real property in the
District of Columbia, Virginia, or Maryland.
(b) Until such time as the members of the Board are first selected
and the Board certifies prsuant to section 121(h) that it is assuming
responsibility for the Funds established by this title, the assets of
such Funds may only be invested in the following:
(1) Interest-bearing bonds, notes, bills, or certificates of
indebtedness of the United States Government, or obligations fully
guaranteed as the payment of both principal and interest by the
United States Government.
(2) Interest-bearing certificates of deposit issued by
National, State, or District of Columbia savings and loan
institutions.
PAYMENTS TO
THE FUNDS
Sec. 142. (a)(1) The Board shall engage an enrolled actuary who may
be the enrolled actuary engaged pursuant to section 162(a)(4)(A), who
shall, on the basis of the entry age normal cost funding method and in
accordance with generally accepted actuarial principles and practices,
make the following determinations with respect to each Fund:
(A) At the times specified in paragraph (2), the actuary shall
determine the level percentage of payroll, expressed as a
percentage (hereinafter in this title referred to as the "net
normal cost percentage"), which shall be the percentage such that
the amount equal to the product of such percentage and the present
value of future compensation for participants in the retirement
program, if paid annually into the Fund from the date of hire of
each participant in the retirement program until the date of such
participant's death, retirement, or other withdrawal from
employment covered by the retirement program, is equal to the
amount of the difference between (i) the present value of the
future benefits payable from the Fund to such group, and (ii) the
present value of all future employee contributions to the Fund.
(B) At the times specified in paragraph (2), the actuary shall
determine the amount (hereinafter in this title referred to as the
"accrued actuarial liability") that is the difference between (i)
the present value (as of the date of the determination) of the
future benefits payable from the Fund, and (ii) the sum of--,
contributions
to the Fund; and
the
present value of future compensation for participants
in the
retirement program.
(C) At the times specified in paragraph (2), the enrolled
actuary shall determine the current value of the assets in the
Fund.
(D) Each year, not later than sixty days prior to the date on
which the Mayor is required to submit the annual budget for the
government of the District of Columbia to the Council under
section 442(a) of the District of Columbia Sefl-Government and
Governmental Reorganization Act,
// D.C. Code 47 - 221. //
the enrolled actuary shall determine--,
the
"future Federal obligation") that is the amount of the
present value of the sum of the amounts authorized by
section 144(a) to be appropriated to the Fund for
fiscal years
beginning on or after the date of the determination;
and
as the
"net pay-as-you-go cost") that is the difference
between (I)
the amount of the obligation of the Fund during the
next
fiscal year for the payment of benefits payable from the
Fund during such year, and (II) the amount of employee
contributions to the Fund for such year.
The actuary shall also determine such additional information as the
Board may require in order to make the determinations specified in
paragraph (4) and in subsection (b).
(2) The actuary engaged by the Board pursuant to paragraph (1) shall
make the determinations described in subparagraphs (A), (B), and (C) of
such paragraph at the following times:
(A) Not later than sixty days after the date of the enactment
of this Act.
(B) Upon a request by the Board or by the Director of the
Office of Management and Budget.
(C) Not later than the end of the ninety-day period beginning
on the first day of the third fiscal year occurring after the
fiscal year in which the last such determination was made pursuant
to any subparagraph of this paragraph.
(3) On the basis of the most recent determinations made under
paragraph (1), the enrolled actuary shall certify to the Board each
respect to each Fund for the next fiscal year:
(A) The net normal cost, which shall be computed as the product
of the net normal cost percentage and the estimate by the actuary
of the current annual active duty payroll.
(B) The accrued actuarial liability.
(C) The current value of assets in the Fund.
(D) The future Federal obligation.
(E) The net pay-as-you-go cost.
(F) The unfunded actuarial liability, which shall be computed
as the difference between the accrued actuarial liability and the
sum of the current value of the assets in the Fund and the future
Federal obligation.
(G) The amount equal to the difference between (i) the accrued
actuarial liability as of January 2, 1975 (in future value as of
the end of the fiscal year for which the determination is made),
and (ii) the sum of the future Federal obligation, the current
value of previous Federal contributions, and (in the case of the
District of Columbia Teachers' Retirement Fund and the District of
Columbia Judges' Retirement Fund) the current value of any assets
in the predecessor to such Fund as of January 2, 1975, which
amount is the difference between the amount that the Federal
Government would pay to the Fund if the Federal Government had
assumed the funding responsibility for all accrued unfunded
liabilities as of January 2, 1975, and the amount actually to be
paid by the Federal Government.
For the purposes of subparagraph (F), the term "current value of the
assets in the Fund" shall be deemed to include (i) the present value of
any payments to be made to the Fund by the District in accordance with
subsection (b)(1)(C)(i), and (ii) the present value of the amount of any
reduction in the amount of future District payments to the Fund
determined in accordance with subsection (b)(1)(D).
(4) The Board shall determine--,
(A) the amount of the Federal payment for the next fiscal year
for each Fund authorized to be appropriated under section 144(a);
and
(B) on the basis of the most recent certification submitted by
the enrolled actuary under paragraph (3), the amount of the
District payment for the next fiscal year for each Fund, as
described under subsection (b).
(b)(1)(A) For the District payment for each Fund for each fiscal year
through fiscal year 2004, the Board shall determine--,
(i) the unfunded actuarial liability for such Fund as of the
end of fiscal year 2004;
(ii) the unfunded actuarial liability as of October 1, 1979, in
future value as of the end of fiscal year 2004 for such Fund; and
(iii) the amount equal to the lesser of (I) the net
pay-as-you-go cost, and (II) the sum of the net normal cost and
the amount of annual interest (computed at the valuation rate used
in the determination under subsection (a)(1)) on the unfunded
actuarial liability, as computed under subsection (a)( 3)(F).
(B) If the amount determined under subparagraph (A)(i) is equal to
the amount determined under subparagraph (A)(ii), the amount of the
District payment for the fiscal year for such Fund shall be the amount
determined under subparagraph (A)(iii).
(C)(i) If the amount determined under subparagraph (A)(i) is greater
than the amount determined under subparagraph (A)(ii), the amount of the
District payment for the fiscal year for such Fund shall be the amount
equal to the sum of (I) the amount determined under subparagraph
(A)(iii), and (II) the amount of the level amortization payment that, if
paid annually into the Fund through the next ten fiscal years (and
accrued at the rate of interest used in the determinations under
subsection (a)(1)), would reduce the amount determined under
subparagraph (A)(i) to the amount determined under subparagraph (A)(ii)
by the end of such ten fiscal years.
(ii) A level amortization payment shall not be required under this
subparagraph for any fiscal year to the extent that the difference
between the amount determined under subparagraph (A)(i) and the amount
determined under subparagraph (A)(ii) for such fiscal year is
attributable to the failure of the Federal Government (other than a
failure because of section 144(d) or 145) to make all or any part of the
Federal payment to such Fund for any fiscal year.
(D) If the amount determined under subparagraph (A)(iie is greater
than the amount determined under subparagraph (A)(i), the amount of the
District payment for such Fund shall be the amount determined under
subparagraph (A)(iii) reduced by the amount of the level amortization
payment that, if paid annually for the next ten fiscal years, would have
a future value as of the end of fiscal year 2004 equal to the difference
between the amount determined under subparagraph (A)(ii) and the amount
determined under subparagraph (A)(i).
(E) The amount of a District payment determined under subparagraph
(C) may not exceed the amount determined under subparagraph (A)(iii) by
more than 10 percent of the net pay-as-you-go cost, in the case of a
payment to the District of Columbia Police Officers and Fire Fighters'
Retirement Fund, or by more than 30 percent of the net pay-as-you-go
cost, in the case of a payment to the District of Columbia Teachers'
Retirement Fund or to the District of Columbia Judges' Retirement Fund.
(F) Determinations under subparagraph (A) shall be made in accordance
with generally accepted actuarial principles and practices.
(2) The amount of the District payment to each Fund for fiscal year
2005 and for each fiscal year thereafter shall be the sum of (A) the net
normal cost, and (B) the amount of annual interest (computed at the
valuation rate used in the determination pursuant to subsection (a)(1))
on the unfunded actuarial liability.
(c)(1) On the basis of the most recent determinations made under
subsection (a)(4), the Board shall--,
(A) not later than March 15 of each year through calendar year
2003, submit to the President and to the Congress a request for
appropriation of the Federal payment for the next fiscal year for
each Fund; and
(B) not less than thirty days prior to the date on which the
Mayor is required to submit the annual budget for the government
of the District of Columbia to the Council under section 442(a) of
the District of Columbia Self-Government and Governmental
Reorganization Act,
// D.C. Code 47 - 221. //
certify to the Mayor and the Council the amount of the District
payment for each Fund.
(2) The Mayor, in preparing each annual budget for the District of
Columbia pursuant to section 442(a) of the District of Columbia
Self-Government and Governmental Reorganization Act, and the Council of
the District of Columbia, in adopting each annual budget in accordance
with section 446 of such Act, // D.C. Code 47 - 224. // shall include
in such budget not less than the full amount certified by the Board
under paragraph (1)(B) as being the amount of the District payment for
the next fiscal year for each Fund. The Mayor and the Council may
comment and make recommendations concerning any such amount certified by
the Board.
(d)(1) Whenever any change in benefits under a retirement program is
made, the Mayor shall engage an enrolled actuary, who may be the
enrolled actuary engaged pursuant to section 162(a)(4)(A), to estimate
the effect of such change in benefits over the next five fiscal years on
(A) the net normal cost percentage with respect to the retirement
program, (B) the accrued actuarial liability with respect to the
retirement program, (C) the net pay-as-you-go cost with respect to the
retirement program, and (D) the level of the District payments to the
Fund. The Mayor shall transmit the estimates of the actuary under the
preceding sentence to the Board and to the Speaker and the President pro
tempore, and such change in benefits may not go into effect until the
end of the thirty-day period beginning on the date such transmittals are
completed.
(2) In the event a change in benefits under a retirement program is
made that increases the present value of benefits payable from the Fund,
a level amortization payment for a period not to exceed twenty-five
years shall be paid by the District to the Fund such that the present
value of the sum of such level amortization payments equals the increase
in the present value of such benefits. Such payments shall be made in
addition to any other payment to the Fund required to be made by the
District, and such increase in present value of benefits payable from
the Fund and such payments shall be disregarded in calculating the
unfunded actuarial liability under subsection (b)(1)( A).
(e) Whenever the amount authorized to be appropriated to the District
of Columbia Police Officers and Fire Fighters' Retirement Fund for any
fiscal year under section 144(a)(1) is reduced under section 145(c), the
District shall, beginning with the next fiscal year, pay a level
amortization payment to such Fund for a period not to exceed ten years
such that the present value (determined as of the beginning of the
fiscal year for which such authorization is reduced) of the sum of such
level amortization payments equals the amount of such reduction. Such
payments shall be made in addition to any other payment to such Fund
required to be made by the District and shall be disregarded in
calculating the unfunded actuarial liability under subsection (b)(1)(
A).
(f) The Comptroller General of the United States shall have access to
all books, accounts, records, reports, files and other papers necessary
to carry out the responsibility of the Comptroller General under section
736(a) of the District of Columbia Self-Government and Governmental
Reorganization Act // D.C. Code 47 - 120 - 1; 31 USC 61. // and under
section 144(e) of this Act.
Sec. 143. Upon a request of the Board, the Mayor shall furnish to
the Board such information with respect to retirement programs to which
this title applies as the Board considers necessary to enable it to
carry out its responsibilities under this title and to enable the
enrolled actuary engaged pursuant to section 142(a) to carry out the
responsibilities of the enrolled actuary under this title.
FUNDS
Sec. 144. (a) There is authorized to be appropriated from the
revenues of the United States for fiscal year 1980 and for each fiscal
year thereafter through fiscal year 2004--,
(1) as the Federal payment to the District of Columbia Police
Officers and Fire Fighters' Retirement Fund, the sum of
$34,170,000, reduced by the amount of any reduction required under
section 145(c);
(2) as the Federal payment to the District of Columbia
Teachers' Retirement Fund, the sum of $17,680,000; and
(3) as the Federal payment to the District of Columbia Judges'
Retirement Fund, the sum of $220,000.
(b)(1) Amounts appropriated as a Federal payment to a Fund
established by this title shall not be subject to apportionment and
shall be deposited in the appropriate Fund not more than thirty days
after they are appropriated or thirty days after the beginning of the
fiscal year for which they are appropriated, whichever is later.
(2) Amounts appropriated as a District of Columbia payment to a Fund
established by this title shall be deposited in the appropriate Fund in
equal quarterly installments, the first of which shall be made on the
first day of the first quarter of the fiscal year, or on the first day
thereafter that funds for such installment become available, and the
remainder of which shall be made on the first day of succeeding
quarterws of the fiscal year, or on the first day thereafter that funds
for such installments become available.
(c) If at any time the balance of any Fund established by this title
is not sufficient to meet all obligations against such Fund, such Fund
shall have a claim on the revenues of the District of Columbia to the
extent nbecessary to meet such obligations.
(d) If, for any fiscal year, the Mayor and the Council do not cary
out the requirements of subsections (c)(2), (d), and (e) of section 142
with respect to a Fund, no funds authorized to be appropriated for such
Fund by this section shall be available for such Fund for such fiscal
year.
(e)(1) In the year 2004, the Comptroller General shall determine
whether the Federal share with respect to each Fund has been paid in
full by payments made pursuant to appropriations authorized under
subsection (a) of this section and, in the case of the District of
Columbia Police Officers and Fire Fighters' Retirement Fund, by payments
made or to be made under section 142(e).
(2) For the purposes of this subsectin, the term " Federal share",
with respect to a retirement program, means the sum of--,
(A) 80 percent of the accrued unfunded liability as of October
1, 1979, for participants in the retirement program who retired
before January 2, 1975, under a provision of law authorizing
retirement and entitlement to an annuity based upon the years of
creditable service of the participant (and for the beneficiaries
of such participants under the retirement program); and
(B) 33 1/3 percent of the accrued unfunded liability as of
October 1, 1979, for participants in the retirement program who
retired before January 2, 1975, under a provision of law
authorizing retirement and entitlement to an annuity based upon a
disease or disability from which the participant is suffering (and
for the beneficiaries of such participants under the retirement
program).
COST OF POLICE
OFFICERS AND FIRE FIGHTERS' DISABILITY RETIREMENT
Sec. 145. (a) After January 1, and before March 1, of each year
beginning with calendar year 1983 and ending with calendar year 2004,
the enrolled actuary engaged pursuant to section 142 shall, with respect
to the District of Columbia Police Officers and Fire Fighters'
Retirement Fund--,
(1) determine the estimated present value (as of the date of
the determination) of the cost to the Fund of the future benefits
payable from such Fund for disability retirements under
subsections (f)(1) and (g)(1) of the Policemen and Firemen's
Retirement and Disability Act
// D.C. Code 4 - 526, 4 - 527. //
to those officers and members of the Metropolitan Police force and
the Fire Department of the District of Colmbia who first became
such officers or members on or before the end of the ninety-day
period beginning on the date of the enactment of this Act and who
were not retired on the first day of the preceding calendar year;
(2) determine the estimated present value (as of the date of
the determination) of the cost to the Fund of the benefits
referred to in paragraph (1) determined as if such officers and
members retire, had retired, or had to choose whether to retire
under the provisions of subsection (f)(2) or (g)(5) of such Act,
as in effect on the day after the end of the ninety-day period
beginning on the date of the enactment of this Act, except that in
making determinations under this paragraph, the enrolled actuary
(A) shall not take into account reductions pursuant to subsection
(j)(3) of the Policemen and Firemen's Retirement and Disability
Act, and (B) shall take into account such factors as the actuary
considers to be appropriate and in accordance with sond actuarial
practice in order to eliminate age-specific or other bias; and
(3) state whether, in accordance with sound actuarial practice,
the ratio of the amount determined under paragraph (1) to the
amount determined under paragraph (2) can be said to be greater
than 1.02.
The enrolled actuary shall report the determinations and statements made
under paragraphs (1) through (3) for any year to the Board and to the
Comptroller General of the United States not later than March 1 of such
year.
(b)(1) The Board and the Comptroller General shall each transmit a
copy of each report by the enrolled actuary under subsection (a) to the
Speaker, the President pro tempore, the Mayor, and the Council not later
than March 31 of the year in which the report is made, and each shall
submit comments on such report.
(2) The Comptroller General shall include in his comments on each
such report transmitted under paragraph (1) a statement of whether the
determinations and statement made by the enrolled actuary under
subsection (a) were made in conformance with generally accepted
actuarial practices and principles and whether such determinations and
statements fairly present in all material respects the amounts described
in paragraphs (1) and (2) of such subsection.
(c) Notwithstanding any other provision of this Act, with respect to
the fiscal year commencing in any calendar year in which a report of the
enrolled actuary under subsection (a), as transmitted to the Congress in
accordance with subsection (b), includes a statement by the enrolled
actuary under paragraph (3) of subsection (a) that the ratio of the
estimates determined under paragraphs (1) and (2) of such subsection is
greater than 1.02, the amount authorized by section 144( a)(1) to be
appropriated to the Fund for such fiscal year shall be reduced. Such
reduction shall be an amount eaual to the product of (1) the amount
specified in such section, and (2) the ratio of (A) the number of
officers and members of the Metropolitan Police force and the Fire
Department of the District of Columbia who retired during the preceding
calendar year under subsections (f)(1) and (g)(1) of the Policemen and
Firemen's Retirement and Disability Act // D.C. Code 4 - 526, 4 - 527.
// to (B) the number of officers and members of the Metropolitan Police
force and the Fire Department of the District of Columbia who first
became such members prior to the end of the ninety-day period beginning
on the date of the enactment of this Act and who retired, died, withdrew
by taking out a lump-sum payment, or separated from active duty while
eligible for a deferred annuity under the Policmen and Firemen's
Retirement and Disability Act // D.C. Code 4 - 521 // during such year
(d)(1) Notwithstanding any provision of the Policemen and Firemen's
Retirement and Disability Act or any other provision of this Act, in any
case in which any officer or member of the Metropolitan Police force or
the Fire Department of the District of Columbia retires during calendar
year 1979 or any subsequent calendar year through calendar year 2001
under subsection (f)(1) or (g)(1) of the Policemen and Firemen's
Disability Act, the Board of Police and Fire Surgeons shall determine,
within a reasonable time and in accordance with regulations which the
Mayor shall promulgate, the percentage of impairment of such officer or
member and shall report such percentage of impairment to the Police and
Firemen's Retirement and Relief Board. In the case of such officer or
member, such Board shall determine, within a reasonable time, the
percentage of disability of such officer or member giving due regard
to--,
(A) the nature of the injury of disease;
(B) the percentage of impairment reported pursuant to the
preceding sentence;
(C) the position in the Metropolitan Police force or the Fire
Department of the District of Columbia held by the officer or
member immediately prior to such officer or member's retirement;
(D) the age and years of service of the officer or member; an
(E) any other factor or circumstance which may affect the
capacity of the officer or member to earn wages or engage in
gainful activity in his disabled condition, including the effect
of the disability as it may naturally extend into the future.
(2) The Police and Firemen's Relief Board, on or before January 31 of
each calendar year from 1980 through 2002, shall make available to the
Comptroller General and the enrolled actuary all determinations
(including related documents and information) ade during the preceding
calendar year pursuant to paragraph (1) of this subsection in order to
enable the Comptroller General and the enrolled actuary to make the
determinations and statement required by this section.
Sec. 146. (a)(1) Section ( of the Act entitled " An Act for the
retirement of public-school teachers in the District of Columbia",
approved August 7, 1946 (D.C. Code, sec. 31 - 727), is repealed.
(2) Section 14 of such Act of August 7, 1946 (D.C. Code, sec. 31 -
734), is amended--,
(A) in the third sentence, by striking out " The" and inserting
in lieu thereof " Until such time as all amounts in the teachers'
retirement and annuity fund have been expended or transferred to
the District of Columbia Teachers' Retirement Fund established by
section 123(a) of the District of Columbia Retirement Reform Act,
the"; and
(B) by striking out the fourth sentence.
(3) Section 15 of such Act of August 7, 1946 (D.C. Code, sec. 31 -
735), is repealed.
(b) The proviso in the fourth paragraph (relating to District
government retirement and relief funds) nder the heading " Compensation
and Retirement Fund Expenses" in the Act of July 31,1953 (D.C. Code,
sec. 1 - 716a), is repealed.
(c)(1) Section 7 of the Act entitled " An Act for the retirement of
public-school teachers in the District of Columbia", approved January
15, 1920 (D.C. Code, sec. 31 - 707), is amended by striking out the
second and third sentences of the first paragraph.
(2) Section 14 of such Act of January 15, 1920 (D.C. Code, sec. 31 -
715), is amended by striking out the third and fourth sentences.
(3) Sectin 15 of such Act of January 15, 1920 (D.C. Code, sec. 31 -
716), is repealed.
Sec. 161. (a) Each member of the Board shall, within ninety days of
his selection as a member of the Board and not later than April 30 of
each year thereafter, submit to the Ayor, the Council, the Speaker, and
the President pro tempore a personal financial disclosure statement with
respect to the preceding calendar year. Such statement shall be in such
form as the Council may by regulation require and shall contain such
information with respect to the member's financial condition as the
Council may by regulation require, including the following information:
(1) The amount and source of all income (as defined in section
61 of the Internal Revenue Code of 1954)
// 2l USC 61 // received during the
year.
(2) The identity and category of value of each liability owned,
directly or indirectly, that exceeds $2,500 as of the last day of
the year (excluding any mortgage that secures real property that
is the principal residence of such member).
(3) The identity and category of value of any property held,
directly or indirectly, in a trade or business or for investment
or the production of income that has a fair market value of not
less than $1,000 as of the last day of the year.
(4) The identity and category of value of any transaction,
whether direct or indirect, in securities or commodities futures
during the year in excess of $1,000 (excluding any gift to any
tax-exempt organization described in section 501(c)(3) of the
Internal Revenue Code of 1954),
// 26 USC 501. // and the identity, date, and category of
value of any purchase or sale, whether direct or indirect, of any
interest in real or tangible personal property during the year the
value of which exceeds $1,000 at the time of such pruchase or sale
(excluding any purchase or sale of any property that is the
principal residence of such member or that is used as furnishings
for such principal residence).
(5) The nature and extent of any interest during the year in
any bank, insurance company, or other financial institution, or in
any brokerage or other securities or investment company.
(6) The nature and extent of any employment during the year by
any bank, insurance company, or other financial institution, or by
any brokerage or other securities or investment company.
A member shall not be required to submit a personal financial disclosure
statement to the Speaker and the President pro tempore for calendar
years after calendar year 2004.
(b) For purposes of paragraphs (2), (3), and (4) of subsection (a),
the member reporting need not specify the actual amount of value of each
item required to be reported under such paragraphs, but shall indicate
which of the following categories such amount or value is within:
(1) Not more than $5,000.
(2) Greater than $5,000 but not more than $15,000.
(3) Greater than $15,000 but not more than $50,000.
(4) Greater than $50,000 but not more than $100,000.
(5) Greater than $100,000.
Sec. 162. (a)(1)(A) The Board shall publish an annual report for
each fiscal year (beginning with fiscal year 1980) with respect to each
retirement program to which this title applies and with respect to the
Fund for such retirement program. Such report shall be filed with the
Mayor, the Council, the Speaker, and the President pro tempore in
accordance with section 164(a) and shall be made available and furnished
to participants and beneficiaries in accordance with section 164(b).
(B) The annual report shall include the information described in
subsections (b), (c), (d), and (e) and, when applicable, subsection (f),
and shall also include--,
(i) the financial statement and opinion required by paragraph
(3) of this subsection; and
(ii) the actuarial statement and opinion required by paragraph
(4) of this subsection.
(2) If some or all of the information needed to enable the Board to
comply with the requirements of this title is maintained by--,
(A) an insurance carrier or other organization which provides
some or all of the benefits under the retirement program, or holds
assets of the Fund for such retirement program in a separate
account;
(B) a bank or similar institution which holds some or all of
the assets of the Fund in a common or collective trust or a
separate trust, or custodial account; or
(C) the Mayor (or the Police and Firemen's Retirement and
Relief Board, established pursuant to section 122 of the Act of
September 3, 1974, in carrying out the Mayor's responsibilities
under the Policemen and Firemen's Retirement and Disability Act);
// D.C. Code 4 - 533a. // such carrier, organization, bank, or
institution, or the Mayor, shall transmit and certify the accuracy of
such indormatin to the Board within one hundred and twenty days after
the end of the fiscal year (or such other date as may be prescribed
under regulations of the Board).
(3)(A) Except as provided in subparagraph (C), the Board shall engage
an independent qualified public accountant who shall conduct such
examination of any financial statements of the Fund, and of other books
and records of the Fund or the retirement program, as the accountant may
deem necessary to enable the accountant to form an opinion as to whether
the financial statements and schedules required to be included in the
annual report by subsection (b) of this section are presented fairly in
conformity with generally accepted accounting principles applied on a
basis consistent with that of the preceding year. Such examination
shall be conducted in accordance with generally accepted auditing
standards and shall involve such tests of the books and records of the
Fund and the retirement program as are considered necessary by the
independent qualified public accountant. The independent qualified
public accountant shall also offer his opinion as to whether the
separate schedules specified in subsection (b)(2) of this section and
the summary material required under section 164(b)(2) present fairly,
and in all material respects, the information contained therein when
considered in conjunction with the financial statements taken as a
whole. The opinion by the independent qualified public accountants
shall be made a part of the annual report.
(B) (B) In offering his opinion under this section, the accountant
may rely on the correctness of any actuarial matter certified to by an
enrolled actuary if he so states his reliance.
(C) The opinion required by subparagraph (A) need not be expressed as
to any statements required by subsection (b)(2)(G) prepared by a bank or
similar institution or insurance carrier regulated and supervised and
subject to periodic examination by a State or Federal agency if such
statements are certified by the bank, similar institution, or insurance
carrier as accurate and are made a part of the annual report.
(4)(A) The Board shall engage an enrolled actuary who shall be
responsible for the preparation of the materials comprising the
actuarial statement required under subsection (d) of this section.
(B) The enrolled actuary shall utilize such assumptions and
techniques as are necessary to enable him to form an opinion as to
whether the contents of the matters reported under subsection (d) of
this section--,
(i) are in the aggregate reasonably related to the experience
of the Fund and the retirement program and to reasonable
expectations; and
(ii) represent his best estimate of anticipated experience
under the Fund and the retirement program.
The opinion by the enrolled actuary shall be made with respect to, and
shall be made a part of, each annual report.
n C) In making a certification under this section, the enrolled
actuary may rely on the correctness of any accounting matter under
subsection (b) as to which any qualified public accountant has expressed
an opinion if he so states his reliance.
(b)(1) An annual report under this sectin shall include a financial
statement containing a statement of assets and liabilities, and a
statement of changes in net assets available for benefits under the
retirement program, which shall include details of revenues and expenses
and other changes aggregated by general source and application. In the
notes to financial statements, disclosures concerning the following
items shall be considered by the accountant: A description of the
retirement program, including any significant changes in the retirement
program made during the period and the impact of such changes on
benefits; the funding policy (including the policy with respect to
prior service cost), and any changes in such policy during the year; a
description of any significant changes in benefits made during the
period; a description of material lease commitments, other commitments,
and contingent liabilities; a descriptin of agreements and transactions
with persons known to be parties in interest; and any other matters
necessary to fully and fairly present the financial statements of the
Fund.
(2) The statement required under paragraph (1) shall have attached
the following information in separate schedules;
(A) A statement of the assets and liabilities of the Fund,
aggregated by categories and valued at their current value, and
the same data displayed in comparative form for the end of the
previous fiscal year.
(B) A statement of receipts in and disbursements from the Fund
during the preceding twelve-month period, aggregated by general
source and application.
(C) A schedule of all assets held for investment purposes,
aggregated and identified by issuer, borrower, or lessor, or
similar party to the transaction (including a notation as to
whether such party is known to be a party in interest), maturity
date, rate of interest, collateral, par or maturity value, cost,
and current value.
(D) A schedule of each transaction involving a person known to
be a party in interest, the identity of such party in interest and
his relationship or that of any other party in interest to the
Fund, a description of each asset to which the transaction
relates; the purchase or selling price in case of a sale or
purchase, the rental in case of a lease, or the interest rate and
maturity date in case of a loan; expenses incurred in connection
with the transaction; the cost of the asset, the current value of
the asset, and the net gain or loss on each transaction.
(E) A schedule of all loans or fixed income obligations which
were in default as of the close of the fiscal year or were
classified during the year as uncollectable and the following
information with respect to each loan on such schedule (including
a notation as to whether parties involved are known to be parties
in interest): The original principal amount of the loan, the
amount of principal and interest received during the reporting
year, the unpaid balance, the identity and address of the obligor,
a detailed description of the loan (including date of making and
maturity, interest rate, the type and value of collateral, and
other material terms), the amount of principal and interest
overdue (if any) and an explanation thereof.
(F) A list of all leases which were in default or were
classified during the year as uncollectable and the following
information with respect to each lease on such list (including a
notation as to whether parties involved are known to be parties in
interest): The type of property leased (and, in the case of fixed
assets such as land, buildings, and leaseholds, the location of
the property); the identity of the lessor or lessee from or to
whom the Fund is leasing; the relationship of such lessors and
lessees, if any, to the Fund, the government of the District of
Columbia, any employee organization, or any other party in
interest; the terms of the lease regarding rent, taxes,
insurance, repairs, expenses, and renewal options; the date the
leased property was purchased and its cost; the date the property
was leased and its approximate value at such date, the gross
rental receipts during the reporting period, expenses paid for the
leased property during the reporting period, the net receipts from
the lease, the amounts in arrears, and a statement as to what
steps have been taken to collect amounts due or otherwise remedy
the default.
(G) The most recent annual statement of assets and liabilities
of any common or collective trust maintained by a bank or similar
institution in which some or all the assets of the Fund are held,
of any separate account maintained by an insurance carrier in
which some or all of the assets of the Fund are held, and of any
separate trust maintained by a bank as trustee in which some or
all of the assets of the Fund are held, and in the case of a
separate account or a separate trust, such other information as
may be required by the Board in order to comply with this
subsection.
(H) A schedule of each reportable transaction, the name of each
party to the transaction (except that, in the case of an
acquisition or sale of a security on the market, the report need
not identify the person from whom the security was acquired or to
whom it was sold) and a description of each asset to which the
transaction applies; the purchase or selling price in case of a
sale or purchase, the rental in case of a lease, or the interest
rate and maturity date in case of a loan; expenses incurred in
connection with the transaction; the cost of the asset, the
current value of the asset, and the net gain or loss on each
transaction.
(3) For purposes of subparagraph (H) of paragraph (2), the term
"reportable transaction" means a transaction to which the Fund is a
party and which is--,
(A) a transaction involving an amount in excess of 3 percent of
the current value of the assets of the Fund;
(B) any transaction (other than a transaction respecting a
security) which is part of a series of transactions with or in
conjunction with a person in a fiscal year, if the aggregate
amount of such transactions exceed 3 percent of the current value
of the assets of the Fund;
(C) a transaction which is part of a series of transactions
respecting one or more securities of the same issuer, if the
aggregate amount of such transactions in the fiscal year exceeds 3
percent of the current value of the assets of the Fund; or
(D) a transaction with or in conjunction with a person
respecting a security, if any other transaction with or in
conjunction with such person in the fiscal year respecting a
security is required to be reported by reason of subparagraph (A).
(c) The Board shall furnish as a part of an annual report under this
section the following information:
(1) The number of individuals covered by the retirement
program.
(2) The name and address of each member of the Board.
(3) Except in the case of a person whose compensation is
minimal (as determined under regulations of the Council, which
regulations the Council shall initially promulgate within ninety
days after the date of the enactment of this Act) and who performs
solely ministerial duties (as determined under such regulations),
the name of each person (including any consultant, broker,
trustee, accountant, insurance carrier, actuary, administrator,
investment counsel, or custodian who rendered services to the
Board or who had transactions with the Board) who directly or
indirectly received compensation from the Board during the
preceding year for services rendered to the Board or the
participants or beneficiaries of the retirement program for which
a Fund was established, the amount of such compensation, the
nature of his services, his relationship, if any, to the District
of Columbia government or any employee organization, and any other
officer, position or employment he holds with any party in
interest.
(4) An explanation of the reason for any change in appointment
of any accountant, insurance carrier, enrolled actuary, or
investment counsel appointed by the Board.
(5) Such other financial and actuarial information as the
Council may by regulation prescribe.
(d) An annual report under this section for a fiscal year shall
include a complete actuarial statement applicable to the fiscal year
which shall include the following information:
(1) The date of the actuarial valuation applicable to the
fiscal year for which the report is filed.
(2) The date and amount of the payments to the Fund for the
fiscal year for which the report is filed and contributions for
prior fiscal years not previously reported, including payments by
the participants, the United States, and the District of Columbia.
(3) The following information applicable to the fiscal year for
which the report is filed:
calculation.
assumptions
and methods used to determine costs.
assumptions
or cost methods.
(4) The number of participants and beneficiaries covered by the
retirement program.
(5) A certification of the amount of the payments to the Fund
necessary to reduce the accumulated funding deficiency to zero.
(6) A statement by the enrolled actuary of any change in
actuarial assumptions made with respect to the Fund during the
year.
(7) A statement by the enrolled actuary of the estimated
current value of vested benefits under the retirement program.
(8) A statement by the enrolled actuary that to the best of his
knowledge the report is complete and accurate.
(9) A copy of the opinion required by subsection (a)(4).
(10) Such other information regarding the retirement program as
the Council may by regulation require.
(11) Such other information as the enrolled actuary may
determine is necessary to fully and fairly disclose the actuarial
position of the Fund.
The actuary shall make an actuarial valuation of the Fund for every
third fiscal year, unless he determines that a more frequent valuation
is necessary to support his opinion under subsection (a)(4) of this
section.
(e) A report under this section for a fiscal year shall include a
statement prepared by the Board of--,
(1) the relative riskiness of the investments during the fiscal
year of the assets of the Fund;
(2) a comparison of the average return on the investments of
the Fund during the year with the average return on the
investments of other public pension funds during the year that
have comparable asset valuation; and
(3) the average daily balance of, and the average rate earned
by, assets of the Fund in each of any time or demand deposits
during the year.
(f) If some or all of the benefits under the retirement program are
purchased from and guaranteed by an insurance company, insurance
service, or other similar organization, a report under this section
shall include a statement from such insurance company, service, or other
similar organization covering the fiscal year and enumerating--,
(1) the premium rate or subscription charge and the total
premium or subscription charges paid to each such carrier,
insurance service, or other similar organization and the
approximate number of persons covered by each class of such
benefits; and
(2) the total amount of premiums received, the approximate
number of persons covered by each class of benefits, and the total
claims paid by such company, service, or other organization;
dividends or retroactive rate adjustments, commissions, and
administrative service or other fees or other specific acquisition
costs paid by such company, service, or other organization; any
amounts held to provide benefits after retirement; the remainder
of such premiums; and the names and addresses of the brokers,
agents, or other persons to whom commissions or fees were paid,
the amount paid to each, and for what purpose.
If any such company, service, or other organization does not maintain
separate experience records covering the specific groups it serves, the
report shall include, in lieu of the information required by paragraph
(2), a statement as to the basis of its premium rate or subscription
charge, the total amount of premiums or subscription charges received
from the Fund, and a copy of the financial report of the company,
service, or other organization and, if such company, service, or
organization incurs specific costs in connectin with the acquisition or
retention of any particular Fund or Funds, a detailed statement of such
costs.
Sec. 163. (a)(1) A summary description of each retirement program to
which this Act applies shall be furnished to participants and
beneficiaries as provided in section 164(b). The summary description
shall include the information specified in subsection (b) of this
section, shall be written in a manner calculated to be understood by the
average participant or beneficiary, and shall be sufficiently accurate
and comprehensive to reasonably apprise such participants and
beneficiaries of their rights and obligations under the retirement
program.
(2) A summary of any material modification in the terms of the
retirement program and any change in the information required under
subsection (b), written in a manner calculated to be understood by the
average participant or beneficiary, shall be furnished in accordance
with section 164(b)(1).
(b) Each summary description of a retirement program shall contain
the following information: The name and type of administration of the
retirement program; the name and address of the chairman of the Board,
who shall be the agent of the Board for the service of legal process;
the name, title, and address of each member of the Board; a description
of the relevant provisions of applicable collective-bargaining
agreements; the retirement program's requirements respecting
eligibility for participation and benefits; a description of the
provisions providing for nonforfeitable pension benefits; circumstances
which may result in disqualification, ineligibility, or denial or loss
of benefits; the identity of any organization through which benefits
are provided; the procedures to be followed in presenting claims for
benefits under the retirement program; and the remedies available under
the retirement program for the redress of claims that are denied in
whole or in part.
PARTICIPANTS
Sec. 164. (a)(1) The Board shall file with the Mayor, the Council,
the Speaker, and the President pro tempore--,
(A) the annual reports for a fiscal year within two hundred and
ten days after the end of such year;
(B) a copy of each summary description of a retirement program
within one year after the date of the enactment of this Act; and
(C) a revised summary description of a retirement program,
incorporating any material modification in the terms of the
retirement program, within sixty days after such modification is
adopted or occurs.
The Mayor shall make copies of such retirement program descriprions and
annual reports available for public inspection in an appropriate
location. The Board shall also furnish to the Mayor, the Council, the
Speaker, and the President pro tempore, upon request, any documents
relating to the retirement program or the Fund, including any bargaining
agreement, trust agreement, contract, or other instrument under which
the retirement program or Fund i operated.
(2)(A) The Mayor or the Council may reject any filing under this
section within thirty days of such filing--,
(i) upon determining that such filing is incomplete for
purposes of this part; or
(ii) upon determining that there is any material qualification
by an accountant or actuary contained in an opinion submitted
pursuant to section 162(a)(3)(A) or section 162(a)(4)(B).
(B) If the Mayor or the Council rejects a filing of a report under
subparagraph (A), and if a revised filing satisfactory to the Mayor or
the Council is not submitted within forty-five days after the
determination under subparagraph (A) to reject the filing is made, and
if the Mayor or the Council considers it in the best interest of the
participants, then the Mayor or the Council may take any one or more of
the following actions:
(i) Retain an independent qualified public accountant on behalf
of the participants to perform an audit.
(ii) Retain an enrolled actuary on b%ehalf of the participants
to prepare an actuarial statement.
(iii) Bring a civil action for such legal or equitable relief
as may be appropriate to enforce the provisions of this title.
The Board shall permit any accountant or actuary so retained to inspect
whatever books and records of the Fund are necessary for such audit.
(3)(A) Either House of Congress may reject any filing under this
section within thirty days of such filing by adopting a resolution
stating that such House has determined--,
(i) that such filing is incomplete for purposes of this part;
or
(ii) that there is any material qualification by an accountant
or actuary contained in an opinion submitted pursuant to section
162(a)(3)(A) or section 162(a)(4)(B).
(B) If either House of Congress rejects a report under subparagraph
(A) and if either a revised filing is not submitted within forty-five
days after adoption of the resolution under subparagraph (A) rejecting
the initial filing or such revised filing is rejected by either House of
Congress by adoption of a resolution within thirty days after submission
of the revised filing, then either House of Congress may, if it deems it
in the best interests of the participants, take any one or more of the
following actions:
(i) Retain an independent qualified public accountant on behalf
of the participants to perform an audit.
(ii) Retain an enrolled actuary on behalf of the participants
to prepare an actuarial statement.
The Board and the Mayor shall permit any accountant or actuary so
retained to inspect whatever books and records of the Fund and the
retirement program are necessary for performing such audit or preparing
such statement.
(C) If a revised filing is rejected under subparagraph (B) or if a
filing required under this title is not made by the date specified, no
funds appropriated for the Fund with respect to which such filing was
required as part of the Federal payment may be paid to the Fund until
such time as an acceptable filing is made. For purposes of this
subparagraph, a filing is unacceptable if, within thirty days of its
submission, either House of Congress adopts a resolution disapproving
such filing.
(b) Publication of the summary retirement program descriptions and
annual reports shall be made to participants and beneficiaries as
follows:
(1) The Board shall furnish to each participant, and to each
beneficiary receiving benefits under the retirement program, a
copy of the summary retirement program description and all
modifications and changes referred to in section 163(a) within
ninety days after he becomes a participant or in the case of a
beneficiary, within ninety days after he first receives benefits.
The Board shall furnish to each participant, and to each
beneficiary receiving benefits under the retirement program, every
fifth year an updated summary retirement program description
described in section 163 which integrates all retirement program
amendments made within such five-year period, except that in a
case where no amendments have been made to a retirement program
during such five-year period this sentence shall not apply.
Notwithstanding the foregoing sentence, the Board shall furnish to
each participant, and to each beneficiary receiving benefits under
the retirement program, the* summary retirement program
description described in section 163 every tenth year. If there is
a modification or change described in section 163(a), a summary
description of such modification or change shall be furnished to
each participant and to each beneficiary who is receiving benefits
under the retirement program not later than two hundred and ten
days after the end of the fiscal year in which the change is
adopted.
(2) The Board shall make copies of the latest annual report and
of any bargaining agreement, trust agreement, contract, or other
instruments under which the retirement program or the Fund is
operated available for examination by any participant or
beneficiary in the principal office of the Board and in such other
places as may be necessary to make available all pertinent
information to all participants (including such places as the
Council may by regulation prescribe).
(3) Within two hundred and ten days after the close of the
fiscal year, the Board shall furnish to each participant, and to
each beneficiary receiving benefits under the retirement program,
a copy of the statements and schedules described in subparagraphs
(A) and (B) of section 162(b)(2) for such fiscal year and such
other material as is necessary to fairly summarize the latest
annual report.
(4) The Board shall, upon written request of any participant or
beneficiary, furnish a copy of the latest updated summary
retirement program description, the latest annual report, and any
bargaining agreement, trust agreement, contract, or other
instruments under which the retirement program or Fund is
operated. The Board may make a reasonable charge to cover the
cost of furnishing such copies. The Council may by regulation
prescribe the maximum amount that will constitute a reasonable
charge under the preceding sentence.
(c) The Council may by regulation require that the Board furnish to
each participant and to each beneficiary receiving benefits under a
retirement program a statement of the rights of participants and
beneficiaries under this title.
Sec. 165. (a) The Board shall furnish to any participant or
beneficiary who so requests in writing, a statement indicating, on the
basis of the latest available information--,
(1) the total benefits accrued, and
(2) the nonforfeitable retirement benefits, if any, which have
accrued, or the earliest date on which benefits will become
nonforfeitable.
(b) A participant or beneficiary is not entitled to receive more than
one report under subsection (a) during any twelve-month period.
Sec. 166. (a) Except as provided in subsection (b), the contents of
the descriptions, annual reports, statements, and other documents filed
with the Mayor, the Council, the Speaker, and the President pro tempore
pursuant to this part shall be public information, and the Mayor, the
Council, the Speaker, and the President pro tempore shall each make such
documents available for inspection in an appropriate location. The
Mayor, the Council, the Speaker, and the President pro tempore may use
the information and data in such documents for statistical and research
purposes and may compile and publish such studies, analyses, reports,
and surveys based theren as may be considered appropriate.
(b) Information described in section 165(a) with respect to a
participant or beneficiary of a retirement program may be disclosed only
to the extent that information respecting that participant's or
beneficiary's benefits under title II of the Social Security Act // 42
USC 401. // may be disclosed under such Act.
(c) Except to the extent that information which is protected from
public disclosure under subsection (b), or which relates to personnel
matters the disclosure of which would constitute a clearly unwarranted
invasion of personal privacy, is involved, all meetings of the Board
shall be open to the public.
Sec. 167. The Board shall maintain records on the matters required
to be disclosed by this title which will provide in sufficient detail
the necessary basic information and data from which the required
documents may be verified, explained, or clarified, and checked for
accuracy and completeness, shall include vouchers, worksheets, receipts,
and applicable resolutions in such records, and shall keep such records
available for examination for a period of not less than six years after
the filing date of the documents based on the information which they
contain. Except to the extent that information is involved which is
protected from public disclosure under section 166(b), all such records
shall be available for inspection by the public.
Sec. 168. (a) In addition to the information specifically required
to be furnished by this part, the Board shall furnish promptly such
additional information as the Mayor, the Council, the Speaker, or the
President pro tempore may request.
(b) The Board shall, at regular intervals to be determined by the
Board, compile and publish all regulations then in effect which were
issued by the Board or the Council under this title.
Sec. 169. Whoever willfully violates any provision of this part
(other than sections 165 and 168), or any regulation or order issued
under any such provision, shall be fined not more than $5,000 or
imprisoned not more than one year, or both, except that in the case of
such a violation by a person not an individual, such person shall be
fined not more than $100,000.
Sec. 181. (a)(1) The Board and each member of the Board shall
discharge responsibilities with respect to a Fund as a fiduciary with
respect to such Fund. The Board may designate one or more other persons
who exercise responsibilities with respect to a Fund to exercise such
responsibilities as a fiduciary with respect to such Fund. The Board
shall retain such fiduciary responsibility for the exercise of careful,
skillful, prudent, and diligent oversight of any person so designated as
would be exercised by a prudent individual acting in a like capacity and
familiar with such matters under like circumstances.
(2) A fiduciary shall discharge his duties with respect to a Fund
solely in the interest of the participants and beneficiaries and--,
(A) for the exclusive purpose of providing benefits to
participants and their beneficiaries;
(B) with the care, skill, prudence, and diligence under the
circumstances then prevailing that a prudent individual acting in
a like capacity and familiar with such matters would use in the
conduct of an enterprise of a like character and with like aims;
(C) by diversifying the investments of the Fund so as to
minimize the risk of large losses, unless under the circumstances
it is clearly prudent not to do so; and
(D) in accordance with the provisions of law, documents, and
instruments governing the retirement program to the extent that
such documents and instruments are consistent with the provisions
of this title.
(b) In addition to any liability which he may have under any other
provision of this part, a fiduciary with respect to a Fund shall be
liable for a breach of fiduciary responsibility of another fiduciary
with respect to the same Fund--,
(1) if he knowingly participates in, or knowingly undertakes to
conceal, an act or omission of such other fiduciary, knowing such
act or omission is a breach of fiduciary responsibility;
(2) if, by his failure to comply with subsection (a)(2) in the
administration of his specific responsibilities which give rise to
his status as a fiduciary, he has enabled such other fiduciary to
commit a breach of fiduciary responsibility; or
(3) if he has knowledge of a breach of fiduciary responsibility
by such other fiduciary, unless he makes reasonable efforts under
the circumstances to remedy the breach.
(c) Except as provided in subsection (f), a fiduciary with respect to
a Fund shall not cause the Fund to engage in a transaction, if he knows
or should know that such transaction constitutes a direct or indirect--,
(1) sale or exchange, or leasing, of any property between the
Fund and a party in interest;
(2) lending of money or other extension of credit between the
Fund and a party in interest;
(3) furnishing of goods, services, or facilities between the
Fund and a party in interest; or
(4) transfer to, or use by or for the benefit of, a party in
interest, of any assets of the Fund.
(d) A fiduciary with respect to a Fund shall not--,
(1) deal with the assets of the Fund in his own interest or for
his own account;
(2) in his individual or in any other capacity act in any
transaction involving the Fund on behalf of a party (or represent
a party) wholse interests are adverse to the interests of the Fund
or the interests of its participants or beneficiaries; or
(3) receive any consideration for his own personal account from
any party dealing with such Fund in connection with a transaction
involving the assets of the Fund.
(e) A transfer of real or personal property by a party in interest to
a Fund shall be treated as a sale or exchange if the property is subject
to a mortgage or similar lien which the Fund assumes or if it is subject
to a mortgage or similar lien which a party in interest placed on the
property within the ten-year period ending on the date of the transfer.
(f) The prohibitions provided in subsection (c) shall not apply to
any of the following transactions:
(1) Contracting or making reasonable arrangements with a party
in interest for office space, or legal, accounting, or other
services necessary for the establishment or operation of the Fund,
if no more than reasonable compensation is paid therefor.
(2) The investment of all or part of a Fund's assets in
deposits which bear a reasonable interest rate in a bank or
similar financial institution supervised by the United States or a
State, if such bank or other institution is a fidciary of such
Fund and if such investment is expressly authorized by regulations
of the Board or by a fiduciary (other than such bank or
institution or affiliate thereof) who is expressly empowered by
the Board to make such investment.
(3) The providing of any ancillary service by a bank or similar
financial institution supervised by the United States or a State
if such bank or other institution is a fiduciary of such Fund and
if--,
adopted
adequate internal safeguards which assure that the
providing
of such ancillary service is consistent with sound
banking
and financial practice, as determined by Federal or
State
supervisory authority, and
provided is
subject to specific guidelines issued by such bank or
similar
financial institution (as determined by the Mayor after
consultation with Federal and State supervisory
authority),
and adherence to such guidelines would reasonably
preclude
such bank or similar financial institution from
providing
such ancillary service (i) in an excessive or
unreasonable
manner, and (ii) in a manner that would be inconsistent
with
the best interests of participants and beneficiaries of
the
retirement program.
Such ancillary services shall not be provided at more than
reasonable compensation.
(4) The exercise of a privilege to convert securities, to the
extent provided in regulations of the Council, but only if the
Fund receives no less than adequate consideration pursuant to such
conversion.
(5) Any transaction between a Fund and a common or collective
trust fund or pooled investment fund maintained by a party in
interest which is a bank or trust company supervised by a State or
Federal agency, or a pooled investment fund of an insurance
company qualified to do business in a State, if--,
in
the Fund;
receives
not more than reasonable compensation; and
Board,
or by a fiduciary (other than the bank, trust company,
insurance company, or an affiliate thereof) who has
authority
to manage and control the assets of the Fund.
(g) Nothing in subsection (c) shall be construed to prohibit any
fiduciary from--,
(1) receiving any benefit to which he may be entitled as a
participant or beneficiary in the retirement program, so long as
the benefit is computed and paid on a basis which is consistent
with the terms of the retirement program as applied to all other
participants and beneficiaries;
(2) receiving any reasonable compensation for services
rendered, or for the reimbursement of expenses properly and
actually incurred, in the performance of his duties with respect
to the Fund; or
(3) serving as a fiduciary in addition to being an officer,
employee, agent, or other representative of a party in interest.
Sec. 182. (a) Any person who is a fiduciary with respect to a Fund
who breaches any of the responsibilities, obligations, or duties imposed
upon fiduciaries by this title shall be personally liable to make good
to such Fund any losses to the Fund resulting from each such breach and
to restore to such Fund any profits of such fiduciary which have been
made through the use of assets of the Fund by the fiduciary and shall be
subject to such other equitable or remedial relief as the court may deem
appropriate, including removal of such fiduciary.
(b) No fiduciary shall be liable with respect to a breach of
fiduciary duty under this title if such breach was committed before he
became a fiduciary or after he ceased to be a fiduciary.
Sec. 183. (a) Any provision in an agreement or instrument which
purports to relieve a fiduciary from responsibility or liability for any
responsibility, obligation, or duty under this part shall be void as
against public policy.
(b) Nothing in this subpart shall preclude--,
(1) the Board from purchasing insurance for its fiduciaries or
for itself to cover liability or losses occurring by reason of the
act or omission of a fiduciary, if such insurance permits recourse
by the insurer against the fiduciary in the case of a breach of a
fiduciary obligation by such fiduciary;
(2) a fiduciary from purchasing insurance to cover liability
under this part from and for his own account; or
(3) an employee organization from purchasing insurance to cover
potential liability of one or more persons who serve in a
fiduciary capacity with regard to the Fund from which the
annuities and other retirement and disability benefits of the
members of such employee organization are paid.
POSITIONS
Sec. 184. (a) No person who has been convicted of, or has been
imprisoned as a result of his conviction of, robbery, bribery,
extortion, embezzlement, fraud, grand larceny, burglary, arson, a felony
violation of Federal or State law involving substances defined in
section 102(6) of the Comprehensive Drug Abuse Prevention and Control
Act of 1970 // 21 USC 802. // murder, rape, kidnapping, perjury,
assault with intent to kill, any crime described in section 9( a)(1) of
the Investment Company Act of 1940 (15 U.S.C. 80a - 90(a)(1), a
violation of any provision of this Act, a violation of section 302 of
the Labor-Management Relations Act, 1947 (29 U.S.C. 186), a violation of
chapter 63 of title 18, United States Code, a violation of section 874,
1027, 1503, 1505, 1506, 1510, 1951, or 1954 of title 18, United States
Code, // 18 USC 1341 // a violation of the Labor--, Management Reporting
and Disclosure Act of 1959 (29 U.S.C. 401), // 29 USC 401 // or
conspiracy to commit any such crime or attempt to commit any such crime,
or a crime in which any of the foregoing crimes is an element, shall
serve or be permitted to serve--,
(1) as a fiduciary, investment counsel, agent, or employee of
any Fund established by this title; or
(2) as a consultant to any Fund established by this title;
during or for five years after such conviction or after the end of such
imprisonment, whichever is the later, unless prior to the end of such
five-year period, in the case of a person so convicted or imprisoned,
his citizenship rights, having been revoked as a result of such
conviction, have been fully restored, or the Board of Parole of the
United States Department of Justice determines that such person's
service in any capacity referred to in paragraph (1) or (2) would not be
contrary to the purposes of this title. Prior to making any such
determination the Board of Parole shall hold an administrative hearing
and shall give notice of such proceeding by certified mail to the State,
county, and Federal prosecuting officials in the jurisdiction or
jurisdictions in which such person was convicted. The Board of Parole's
determination in any such proceeding shall be final. No person shall
knowingly permit any other person to serve in any capacity referred to
in paragraph (1) or (2) in violation of this subsection.
Notwithstanding the preceding provisions of this subsection, no
corporation or partnership will be precluded from acting as an
administrator, fiduciary, officer, trustee, custodian, counsel, agent,
or employee, of any Fund established by this title, or as a consultant
to any Fund established by this title, without a notice, hearing, and
determination by such Board of Parole that such service would be
inconsistent with the intention of this section.
(b) Whoever willfully violates this section shall be fined not more
than $10,000 or imprisoned for not more than one year, or both.
(c) For the purposes of this section:
(1) A person shall be deemed to have been "convicted" and to be
under the disability of "conviction" from the date of entry of the
judgment of the trial court or the date of the final sustaining of
such judgment on appeal, whichever is the later event.
(2) The term "consultant" means any person who, for
compensation, advises or represents a Fund or who provides other
assistance to such Fund concerning the operation of such Fund.
(3) A period of parole shall not be considered as part of a
period of imprisonment.
Sec. 185. (a)(1) Each fiduciary of a Fund established by this title
and each person who handles funds or other property of such a Fund
(hereinafter in this section referred to as " Fund official") shall be
bonded as provided in this section, except that no bond shall be
required of a fiduciary (or of any director, officer, or employee of
such fiduciary) if such fiduciary--,
(A) is a corporation organized and doing business under the
laws of the United States or of any State;
(B) is authorized under such laws to exercise trust powers or
to conduct an insurance business;
(C) is subject to supervision or examination by Federal or
State authority; and
(D) has at all times a combined capital and surplus in excess
of such a minimum amount as may be established by regulations
issued by the Council, which amount shall be at least $1,000,000.
Subparagraph (D) shall apply to a bank or other financial institution
which is authorized to exercise trust powers and the deposits of which
are not insured by the Federal Deposit Insurance Corporation only if
such bank or institution meets bonding or similar requirements under
State law which the Council determines are at least equivalent to those
imposed on banks by Federal law.
(2)(A) The amount of such bond shall be the lesser of 10 percent of
the amount of the funds handled by such fiduciary and $500,000, except
that the amount of such bond shall be at least $1,000.
(B) The Mayor, after notice and opportunity for hearing to such
fiduciary and all other parties in interest to such Fund, may waive the
$500,000 limit.
(C) The amount of such bond shall be set at the beginning of each
fiscal year.
(3) For pusposes of fixing the amount of such bond, the amount of
funds handled shall be determined by the funds handled by the person,
group, or class to be covered by such bond and by the predecessor or
predecessors, if any, during the preceding reporting year, or if the
Fund has no preceding reporting year under this title, the amount of
funds to be handled during the current reporting year by such person,
group, or class, estimated as provided in regulations to be prescribed
by the Council.
(4) Such bond shall provide protection to the Fund against loss by
reason of acts of fraud or dishonesty on the part of the Fund official,
directly or through connivance with others.
(5) Any bond shall have as surety thereon a corporate surety company
which is an acceptable surety on Federal bonds under authority granted
by the Secretary of the Treasury pursuant to sections 6 through 13 of
title 6, United States Code. Any bond shall be in a form or of a type
approved by the Council, including invididual bonds or schedule or
blanket forms of bonds which cover a group or class.
(b) It shall be unlawful for any Fund official to receive, handle,
disburse, or otherwise exercise custody or control of any of the funds
or other property of any Fund without being bonded as required by
subsection (a), and it shall be unlawful for any Fund official or any
other person having authority to direct the performance of such
functions to permit such functions, or any of them, to be performed by
any Fund official with respect to whom the requirements of subsection
(a) have not been met.
(c) It shall be unlawful for any person to procure any bond required
by subsection (a) from any surety or other company or through any agent
or broker in whose business operations the Fund or any party in interest
in the Fund has any control or significant financial interest, direct or
indirect.
(d) Nothing in any other provision of law shall require any person
required to be bonded as proveded in subsection (a) because he handles
funds or other property of a Fund to be bonded insofar as the handling
by such person of the funds or other property of such Fund is concerned.
(e) The Council shall prescribe such regulations as may be necessary
to carry out the provisions of this section.
Sec. 186. (a) No action may be commenced under this title with
respect to a fiduciary's breach of any responsibility, duty, or
obligation under this part, or with respect to a violation of this part,
after the earlier of--,
(1) six years after (A) the date of the last action which
constituted a part of the breach or violation, or (B) in the case
of an omission, the latest date on which the fiduciary could have
cured the breach or violation; or
(2) three years after the earliest date (A) on which the
plaintiff had actual knowledge of the breach or violation, or (B)
on which a report from which he could reasonably be expected to
have obtained knowledge of such breach or violation was filed with
the Mayor, the Council, the Speaker, or the President pro tempore
under this title;
except that in the case of fraud or concealment, such an action may be
commenced not later than six years after the date of discovery of such
breach or violation.
Sec. 187. (a) A civil action may be brought--,
(1) by a participant or beneficiary--,
terms of
the retirement program, or to clarify his rights to
future
benefits under the terms of the retirement program;
(2) by a participant or beneficiary or the District of Columbia
for appropriate relief under section 182; or
(3) by a participant or beneficiary or the District of Columbia
(A) to enjoin any act or practice which violates any provision of
this title or the terms of a retirement program, or (B) to obtain
other appropriate equitable relief (i) to redress any such
violation, or (ii) to enforce any provision of this title or the
terms of a retirement program.
(b) If the Board fails or refuses to comply with a request for any
information which the Board is required by this title to furnish to a
participant or beneficiary (unless such failure or refusal results from
matters reasonably beyond the control of the Board) by mailing the
information requested to the last known address of the requesting
participant or beneficiary within thirty days after such request, then
the Board may, in the court's discretion, be liable to such participant
or beneficiary in an amount of up to $100 a day from the date of such
failure or refusal, and the court may order the Board to provide the
required information and may in its discretion order such other relief
as it considers proper.
(c) The Board may sue and be sued under this title as an entity.
Service of summons, subpena, or other legal process of a court upon the
chairman of the Board in his capacity as such shall constitute service
upon the Board.
(d) In any action under this title by a participant, beneficiary, or
fiduciary, the court in its discretion may allow a reasonable attorney's
fee and costs of action to either party.
Sec. 188. In accordance with regulations of the Council, the Mayor
shall provide to any participant or beneficiary who has a claim for
benefits under a retirement program denied--,
(1) adequate written notice of such denial, setting forth the
specific reasons for such denial in a manner calculated to be
understood by such participant or beneficiary; and
(2) a reasonable opportunity for a full and fair review of the
decision denying such claim.
Retirement
Benefits
Sec. 201. Paragraph (17) of subsection (a) of the Policemen and
Firemen's Retirement and Disability Act (D.C. Code, sec. 4 - 521(17)) is
amended--,
(1) by striking out "twelve consecutive months of police or
fire service," and inserting in lieu thereof "thirty-six
consecutive months of police or fire service in the case of a
member who is an officer or member of the Metropolitan Police
force or the Fire Department of the District of Columbia and who
first becomes such a member after the end of the ninety-day period
beginning on the date of the enactment of the District of Columbia
Retirement Reform Act, or over any twelve consecutive months of
police or fire service in the case of any other member,"; and
(2) by inserting "or thirty-six consecutive months, as the case
may be," immediately after "twelve consecutive months" the second
place it appears.
EMPLOYEE
ORGANIZATIONS
Sec. 202. (a) Subsection (c) of the Policemen and Firemen's
Retirement and Disability Act (D.C. Code, sec. 4 - 523) is amended by
redesignating paragraphs (6) and (7) of such subsection as paragraphs
(7) and (8), respectively, and by inserting after paragraph (5) the
following new paragraph:
"(6)(A) Any period of time during which a member who is an officer or
member of the Metropolitan Police force or the Fire Department of the
District of Columbia is on approved leave without pay to serve as a
full-time officer or employee of a labor organization shall be cnsidered
to be police or fire service for purposes of this section if such member
files an election in accordance with subparagraph (B) and makes payments
as described in subparagraph (C). The basic salary in effect at any
time for the grade in which a member was serving at the time he entered
on approved leave described in the preceding sentence shall be
considered to be the basic salary in effect for such member for purposes
of this section if the period of time when such member is on approved
leave is considered to be police or fire service under this paragraph.
(B) To be eligible to have any period of approved leave described in
subparagraph (A) considered to be police or fire service for purposes of
this section, a member described in such subparagraph must, not later
than the end of the sixty-day period commencing on the day such member
enters on such approved leave or the effective date of this paragraph,
whichever occurs later, file an election with the Mayor to have such
period of approved leave considered to be police or fire service for
purposes of this section.
"(C)(i) To have any period of approved leave described in
subparagraph (A) occurring after the effective date of this section
considered to be police or fire service, a member described in such
subparagraph must each month deposit with the Custodian of Retirement
Funds (as defined in section 102(c) of the District of Columbia
Retirement Reform Act) for deposit in the District of Columbia Police
Officers and Fire Fighters' Retirement Fund established by section 122(
a) of such Act a sum equal to one-twelfth the annual new-entrant normal
cost of the annuity of a member receiving the basic salary in effect
during such month for the grade in which such member was serving at the
time such member entered on such leave.
"(ii) To have any period of approved leave described in subparagraph
(A) which occurred before the effective date of this section considered
to be police or fire service, a member described in such subparagraph
must deposit with the Custodian of Retirement Funds (as defined in
section 102(c) of the District of Columbia Retirement Reform Act) for
deposit in the District of Columbia Police Officers and Fire Fighters'
Retirement Fund established by section 122(a) of such Act, in a manner
to be determined by the Mayor, a sum equal to the new-entrant normal
cost of the annuity of a member receiving the basic salary in effect
during the period of such leave for the grade in which such member was
serving at the time such member entered on such leave.
"(iii) The Mayor shall make an annual determination of the
new-entrant normal cost for purposes of clauses (i) and (ii) according
to information supplied by the actuary retained pursuant to section 142
of the District of Columbia Retirement Reform Act.
"(D) For purposes of this paragraph, the term 'employee organization'
means any organization of any kind, or any agency or employer
representation committee or plan, in which members or officers of the
Metropolitan Police force or the Fire Department of the District of
Columbia participate and which exists for the purpose, in whole or in
part, of dealing with the government of the District of Columbia
concerning grievances, labor disputes, wages, rates of pay, hours of
employment, or conditions of work.".
(b) The amendment made by subsection (a) shall take effect at the end
of the ninety-day period beginning on the date of the enactment of this
Act.
Sec. 203. (a) Subsection (h)(1) of the Policemen and Firemen's
Retirement and Disability Act (D.C. Code, sec. 4 - 528(1)) is amended--,
(1) by striking out "who completes twenty years of police or
fire service" and inserting in lieu thereof "who is an officer or
member of the Metropolitan Police force or the Fire Department of
the District of Columbia and first becomes such a member after the
end of the ninety-day period beginning on the date of the
enactment of the District of Columbia Retirement Reform Act and
who completes twenty-five years of police or fire service and
attains the age of fifty years and any other member (other than a
member who is an officer or member of the Metropolitan Police
force or the Fire Department of the District of Columbia who first
becomes such a member after the end of such ninety-day period) who
completes twenty years of police or fire service"; and
(2) by striking out "twenty years: Provided" and inserting in
lieu thereof "(A) twenty-five years, in the case of a member who
becomes a member after the end of such ninety-day period, or (B)
twenty years, in the case of any other member: Provided".
(b)(1) Paragraph (2) of subsection (h) of the Policemen and Firemen's
Retirement and Disability Act (D.C. Code, sec. 4 - 528) is amended by
striking out "in subsection (h)," and inserting in lieu thereof "under".
(2) Paragraph (3) of such subsection is amended by striking out "of
this subsection (h)".
Sec. 204. (a) Subsection (g) of the Policemen and Firemen's
Retirement and Disability Act (D.C. Code, sec. 4 - 527) is amended--,
(1) in paragraph (2), by striking out " In any case in which
the proximate cause of an injury incurred or disease contracted by
a member" and inserting in lieu thereof " In any case involving a
member who is an officer or member of the United States Park
Police force, the Executive Protective Service, or the United
States Secret Service Division, in which the proximate cause of an
injury incurred or disease contracted by the member"; and
(2) by adding at the end thereof the following new paragraph:
"(4) A member who is an officer or member of the Metropolitan Police
force or the Fire Department of the District of Columbia may not retire
and receive an annuity under this subsection on the basis of the
aggravation in the performance of duty of an injury incurred or a
disease contracted in the performance of duty unless--,
"(A) in the case of the aggravation of a disease, the disease
was reported to the Board of Police and Fire Surgeons within
thirty days after the disease was first diagnosed; or
"(B) in the case of the aggravation of an injury, the injury
was reported to the Board of Police and Fire Surgeons within seven
days after the injury was incurred or, if the member was unable
(as determined by such Board) as a result of the injury to report
the injury within such seven-day period, within seven days after
the member became able (as determined by such Board) to report the
injury.
The burden of establishing inability to report an injury in accordance
with subparagraph (B) within seven days after such injury was incurred
and of establishing that such injury was reported within seven days
after the end of such inability shall be on the member claiming such
inability. Any report under this paragraph shall include adequate
medical documentation. Nothing in this paragraph shall be deemed to
alter or affect any administrative regulation or requirement of the
Metropolitan Police force or the Fire Department of the District of
Columbia with respect to the reporting of an injury incurred or
aggravated, or any disease contracted or aggravated, in the performance
of duty.".
(b)(1) Subsection (f) of such Act (D.C. Code, sec. 4 - 526) is
amended--,
(A) by striking out " Whenever" and inserting in lieu thereof
"(1) Except as provided in paragraph (2), whenever"; and
(B) by adding at the end thereof the following new paragraph:
"(2) Whenever any member who is an officer or member of the
Metropolitan Police force or the Fire Department of the District of
Columbia and who first becomes such a member after the end of the
ninety-day period beginning on the date of the enactment of the District
of Columbia Retirement Reform Act completes five years of police or fire
service and is found by the Mayor to have become disabled due to injury
received or disease contracted other than in the performance of duty,
which disability precludes further service with his department, such
member shall be retired on an annuity which shall be 70 per centum of
his basic salary at the time of retirement multiplied by the percentage
of disability for such member as determined in accordance with
subsection (g)(5)(B)(ii) of this section, except that such annuity shall
not be less than 30 per centum of his basic salary at the time of
retirement.".
(2) Subsection (g) of such Act, // D.C. Code 4 - 527. // as amended
by subsection (a) of this section, is further amended--,
(A) in paragraph (1), by striking out " Whenever" and inserting
in lieu thereof " Except as provided in paragraph (5), whenever";
and
(B) by adding at the end thereof the following new paragraph:
"(5)(A) Whenever any member who is an officer or member of the
Metropolitan Police force or the Fire Department of the District of
Columbia and who first becomes such a member after the end of the
ninety-day period beginning on the date of the enactment of the District
of Columbia Retirement Reform Act is injured or contracts a disease in
the performance of duty or such injury or disease is aggravated by such
duty at any time after appointment and such injury or disease or
aggravation permanently disables him for the performance of duty, he
shall upon retirement for such disability, receive an annuity computed
in accordance with subparagraph (B).
"(B)(i) In the case of any member who retires under this paragraph or
paragraph (2) of subsection (f), the Board of Police and Fire Surgeons
shall determine, within a reasonable time and in accordance with
regulations which the Mayor shall promulgate, the percentage of
impairment for such member and shall report such percentage of
impairment to the Police and Firemen's Retirement and Relief Board.
"(ii) In the case of any member described in clause (i), the Police
and Firemen's Retirement and Relief Board shall determine within a
reasonable time the percentage of disability for such member giving due
regard to--,
"(I) the nature of the injury or disease,
"(II) the percentage of impairment reported pursuant to clause
(i),
"(III) the position in the Metropolitan Police force or the
Fire Department of the District of Columbia held by the member
immediately prior to his retirement,
"(IV) the age and years of service of the member, and
"(V) any other factors or circumstances which may affect the
capacity of the member to earn wages or engage in gainful activity
in his disabled condition, including the effect of the disability
as it may naturally extend into the future.
"(iii) The percentage of impairment or the percentage of disability
for a member to whom this paragraph applies may be redetermined at any
time prior to the time such member reaches the age of fifty and his
annuity shall be adjusted accordingly.
"(iv) The annuity of a member who is retired under this paragraph
shall be 70 per centum of his basic salary at the time of retirement
multiplied by the percentage of disability for such member as determined
in accordance with clause (ii), except that such annuity shall not be
less than 40 per centum of his basic salary at the time of retirment.
"(v) For purposes of this paragraph--,
"(I) the term 'impairment' means any anatomic or functional
abnormality or loss existing after maximal medical rehabilitation
has been achieved; and
"(II) the term 'disability' means any actual or presumed
reduction in or absence of ability to engage in gainful activity
which is caused, in whole or in part, by an impairment.".
(c) The amendment made by paragraph (1) of subsection (a) shall not
apply with respect to officers and members of the Metropolitan Police
force or the Fire Department of the District of Columbia who apply for
disability retirement under subsection (g) of the Policemen and
Firemen's Retirement and Disability Act // D.C. Code 4 - 527. // prior
to the end of the ninety-day period beginning on the date of the
enactment of this Act. The amendment made by paragraph (2) of subsection
(a) shall not apply with respect to injuries incurred or diseases first
diagnosed prior to the end of such ninety-day period.
Sec. 205. (a)(1) Subsection (j)(1) of the Policemen and Firemen's
Retirement and Disability Act (D.C. Code, sec. 4 - 530(1)) is amended in
the first sentence by striking out "shall cease" and all that follows in
such sentence and inserting in lieu thereof "shall cease--,
"(A) upon reemployment in the department from which he was
retired,
"(B) forty-five days from the date of the medical examination
showing such recovery,
"(C) forty-five days from the date of the determination that he
is so restored, or
"(D) in the case of an annuitant who was an officer or member
of the Metropolitan Police force or the Fire Department of the
District of Columbia and who first became such a member after the
end of the ninety-day period beginning on the date of the
enactment of the District of Columbia Retirement Reform Act, upon
a refusal by such annuitant to accept an offer of reemployment in
the department from which he was retired at the same grade or rank
as he held at the time of his retirement,
whichever is earliest.".
(2)(A) Such subsection (j)(1) // D.C. Code 4 - 530. // is amended in
the second sentence by striking out "in each of two succeeding calendar
years" and inserting in lieu thereof", in each of two succeeding
calendar years in the case of an annuitant who was an officer or member
of the United States Park Police force, Executive Protection Service, or
the United States Secret Service Division, or in any calendar year in
the case of an annuitant who was an officer or member of the
Metropolitan Police force or the Fire Department of the District of
Columbia,".
(B) Subsection (j) of such Act is further amended by adding at the
end thereof the following new paragraph:
"(3)(A) If any annuitant who is retired under subsection (f) or (g),
who prior to such retirement was an officer or member of the
Metropolitan Police force or the Fire Department of the District of
Columbia, and who first became such a member after the end of the
ninety-day period beginning on the date of the enactment of the District
of Columbia Retirement Reform Act, receives, directly or indirectly,
income from wages or self-employment, or both, in any calendar year
after the calendar year in which he retired--,
"(i) in an amount in excess of the difference between 70 per
centum of the current earnings limitation and the amount of
annuity payable to such annuitant during such year under each such
subsection prior to the reductions provided for in this paragraph,
then (except as provided in subparagraph (D)) the annuity of such
annuitant shall be reduced by 50 cents for each $1 of such income
received during such year in excess of such difference; and
"(ii) in an amount in excess of the difference between the
current earnings limitation and the amount of annuity payable to
such annuitant during such year under each such subsection prior
to the reductions provided for in this paragraph, then (except as
provided in subparagraph (D)) the annuity of such annuitant shall
be further reduced by 20 cents for each $1 of such income received
during such year in excess of such difference.
"(B) For the purposes of subparagraph (A), the term 'current earnings
limitation', with respect to an annuitant, means the greater of--,
"(i) the current annual salary for the position which such
annuitant held immediately prior to the retirement of such
annuitant; or
"(ii) the current entry level salary for active officers and
members, divided by .7.
"(C) The reductions provided for in subparagraph (A) shall be made as
follows:
"(i) Such reductions shall be pro rated over a period of twelve
consecutive months, with equal amounts withheld from each payment
of annuity during such twelve-month period.
"(ii) The twelve-month period during which such reduction is
made shall begin as soon after the end of the calendar year
involved as is administratively practicable (as determined in
accordance with regulations which the Mayor of the District of
Columbia shall promulgate).
"(D) If the Mayor of the District of Columbia determines that the
level of income of an annuitant whose annuity would otherwise be reduced
in accordance with subparagraph (A) has decreased significantly (other
than in accordance with normal income fluctuations for such annuitant)
during the period in which such reduction would occur, the Mayor may
authorize the withholding during such period, or any portion thereof, of
such lesser amount than the amount prescribed in such subparagraph as
the Mayor considers appropriate or the Mayor may waive the requirements
of subparagraph (A) if he finds that circumstances justify such waiver.
"(E)(i) Any annuitant who is retired under subsection (f) or (g) //
D.C. Code 4 - 526, 4 - 527. // and who prior to such retirement was an
officer or member of the Metropolitan Police force or the Fire
Department of the District of Columbia shall, at such times as the Mayor
of the District of Columbia shall by regulation prescribe, submit to the
Mayor a notarized statement containing such information as the Mayor
shall by regulation require with respect to the income received by such
annuitant from wages or self-employment, or both. After examining such
statement, the Mayor may require such annuitant to submit to the Mayor a
further notarized statement containing such additional information with
respect to the income received by such annuitant from wages or
self-employment, or both, as the Mayor deems appropriate.
"(ii) Any annuitant described in clause (i) who willfully furnishes
materially false information with respect to his income in any statement
required to be submitted under such clause shall forfeit all rights to
his disability annuity. Any such annuitant who refuses or otherwise
willfully fails to timely submit such statement as required by this
subsection, payment of the annuity to such annuitant shall cease and
such annuitant shall not be eligible to receive such annuity or part
thereof for the period beginning on the date after the final day for
timely filing of such statement and ending on the date on which the
Mayor receives such statement. Nothing in this clause shall affect any
rights to a survivor's annuity under subsection (k) // D.C. Code 4 -
531. // based upon the service of such annuitant.".
(b) Subsection (m)(2) of such Act (D.C. Code, sec. 4 - 533(2)) is
amended--,
(1) by inserting "(A) before " If a member";
(2) by striking out the last sentence of such subsection and
adding after "is based." the following: " The Commissioner shall
not require employment questionnaires under subsection (j)(3)(C)
// D.C. Code 4 - 530. //
or the medical examination of such member under subparagraph (B)
after such member reaches the age of fifty."; and
(3) by adding at the end of such subsection the following:
"(B) The Mayor shall, by regulation, require any annuitant who was an
officer or member of the Metropolitan Police force or the Fire
Department of the District of Columbia and who retired before, on, or
after the date of the enactment of the District of Columbia Retirement
Reform Act under subsection (f) or (g) of this section to undergo,
during each twelve-month period following the effective date of this
subparagraph, at least one medical examination of the disability upon
which the annuitant's retirement under subsection (f) or (g) // D.C.
Code 4 - 526, 4 - 527. // is based. No such annuitant shall be
required under such regulations to undergo a medical examination during
any such twelve-month period during which the annuitant was required to
undergo a medical examination under this subsection in connection with
such annuitant's employment. Such annual examination shall be carried
out by the Board of Police and Fire Surgeons or by a physician
designated by the Board.
"(C) Such regulations shall further provide for notification by the
Board of Police and Fire Surgeons to each such annuitant as to the time
and place for such examination and the consequences of failure to appear
and submit to such examination.
"(D) In any case in which the requirement to undergo a medical
examination under this section would impose on an annuitant an undue
hardship because of the physical or mental condition of such annuitant,
the Mayor, by regulation, shall provide other means sufficient to
determine the continuance of the disability on which such annuitant's
retirement under subsection (f) or (g) is based.
"(E) Such regulations shall further provide that, in any case
involving any such member so retired who refuses or otherwise fails to
undergo any medical exam required by this section, payment of the
annuity to such member shall cease and such member shall not be eligible
to receive such annuity or any part thereof for any period commencing on
the day next following the day on which such member was required to
undergo such examination, and ending on the date on which such member
undergoes such examination. Nothing in this paragraph shall be
construed as affecting any rights to a survivor's annuity under
subsection (k) // D.C. Code 4 - 531. // based upon the service of such
member.".
(c) The amendments made by subsections (a) and (b) shall take effect
at the end of the ninety-day period beginning on the date of enactment
of this Act. The amendment made by paragraph (2)(B) of subsection (a)
shall apply with respect to income from wages or self-employment, or
both, received directly or indirectly during calendar year 1979 or the
calendar year after the year in which the member retires, whichever is
later, and any calendar year thereafter.
Sec. 206. (a)(1) Subsection (k) of the Policemen and Firemen's
Retirement and Disability Act (D.C. Code, sec. 4 - 531) is amended--,
(A) in paragraph (2)--,
force, the
Executive Protective Service, or the United States
Secret
Service Division, or (B) of the adjusted average pay
of such
former member in the case of a member who was an officer
or member of the Metropolitan Police force or the
Fire
Department of the District of Columbia;"; and
(B) by amending paragraph (3) to read as follows:
"(3) Each surviving child or student-child of any member who dies
before retirement, or of any former member who dies after retirement,
shall be entitled to receive an annuity equal to the smallest of--,
"(A) in the case of a member or former member who is survived
by a wife or husband--,
Service,
or the United States Secret Service Division, or
the
adjusted average pay of the former member in the case
of a member who was an officer or member of the
Metropolitan Police force or the Fire Department of
the
District of Columbia.
divided by the number of eligible children;
and
"(B) in the case of a member or former member who is not
survived by a wife or husband--,
Service,
or the United States Secret Service Division, or
the
adjusted average pay of the former member in the case
of a member who was an officer or member of the
Metropolitan Police force or the Fire Department of
the
District of Columbia,
divided by the number of eligible children;
children.".
(2) Subsection (a) of such Act (D.C. Code, sec. 4 - 521) is
amended--,
(A) by striking out the period at the end of paragraph (4) of
such subsection and inserting in lieu thereof the following:", in
the case of a member who was an officer or member of the United
States Park Police force, the Executive Protective Service, or the
United States Secret Service Division, or the surviving husband of
a member or former member who was a member of officer of the
Metropolitan Police force or the Fire Department of the District
of Columbia if--,
(B) by inserting the following new paragraph immediately after
paragraph (17):
"(18) The term 'adjusted average pay' means the average pay of a
member who was an officer or member of the Metropolitan Police force or
the Fire Department of the District of Columbia increased by the per
centum increase (adjusted to the nearest one-tenth of 1 per centum in
the Consumer Price Index for All Urban Consumers, published by the
Bureau of Labor Statistics, between the month in which such member
retires and the month immediately prior to the month in which such
member dies.".
(b) The amendments made by subsection (a) shall apply with respect to
survivor annuities under the Policemen and Firemen's Retirement and
Disability Act // D.C. Code 4 - 521 // for survivors of officers or
members of the Metropolitan Police force or the Fire Department of the
District of Columbia which commence on or after the first day of the
first month which begins after the end of the ninety-day period
beginning on the date of enactment of this Act.
Sec. 207. (a)(1) The Policemen and Firemen's Retirement and
Disability Act // D.C. Code 4 - 521 // is amended--,
(A) by redesignating subsections (1) through (r) as subsections
(m) through (s), respectively; and
(B) by inserting immediately after subsection (k) the following
new subsection:
"(1)(1) Except as provided in paragraph (2), any member who is an
officer or member of the Metropolitan Police force or the Fire
Department of the District of Columbia who completes five years of
police or fire service and who is thereafter separated from his
department, except for retirement under subsection (f), (g), or (h), //
D.C. Code 4 - 526, 4 - 527, 4 - 528. // shall be entitled to an annuity
commencing on the first day of the month during which such member
attains the age of fifty-five or on the first day of the first month
beginning after such member's separation from his department, whichever
month occurs later. Such annuity shall be computed at the rate of 2 per
centum of his average pay for each year of service up to twenty years of
service and at the rate of 3 per centum of his average pay for each year
of service after twenty years of service, or, in the case of a member
who first became such a member after the end of the ninety-day period
beginning on the date of the enactment of the District of Columbia
Retirement Reform Act, after twenty-five years of service, except that
such annuity may not exceed 80 per centum of the average pay of such
member.
"(2)(A) Any member who is an officer or member of the Metropolitan
Police force or the Fire Department of the District of Columbia who
completes five years of police or fire service and who is thereafter
separated from his department (other than a member who retires under
subsection (f), (g), or (h)) may elect, at the time of his separation,
to receive a refund of the amount of deductions made from his salary
under this section. Receipt of such refund by the member shall void all
annuity rights under this section.
"(B)(i) Any member who, by electing to receive a refund under
subparagraph (A), loses annuity rights under this section, may
reestablish all such rights at any time prior to attaining the age of
fifty-five by redepositing the amount of such refund plus interest
computed in accordance with paragraph (3).
"(ii) If any member who receives a refund under subparagraph (A) is
subsequently reappointed to any department whose members come under this
section and elects, at the time of such reappointment, to redeposit the
amount refunded to him under subparagraph (A) plus interest computed in
accorance with paragraph (3), then credit shall be allowed under this
section for such member's prior period of service. Such redeposit (and
the required interest thereon) may, at the election of the member, be
made in a lump sum or in not to exceed 60 monthly installments, except
that if the member dies before depositing the full amount due under the
preceding sentence, the requirements of such sentence shall be deemed to
have been met.
"(3) The interest which is required by paragraphs (2)(B) (i) and (ii)
of this subsection and by paragraph (2)(B) of subsection (d) to be paid
by a member who redeposits the amount of previously refunded deductions
shall be computed as follows:
"(A) Interest shall be paid at a rate which (as determined by
the Mayor of the District of Columbia) is equal to the average
rate of return on investment (adjusted to the nearest one-eighth
of 1 per centum) for the District of Columbia Police Officers and
Fire Fighters' Retirement Fund (established by section 122 of the
District of Columbia Retirement Reform Act) for the period
beginning on the first day of the first month which begins after
the end of the service with respect to which the redeposit is made
and ending on the last day of the month which precedes the month
during which he redeposits the refund if he makes a lump sum
payment or during which he makes the first monthly payment if he
makes monthly payments, except that for so much of any such period
which precedes October 1, 1981, the average rate of interest on
interest-bearing obligations of the United
States forming a part of the public debt (adjusted to the nearest
one-eighth of 1 per centum) shall be used in determining the
interest rate to be paid on redeposits under this section.
"(B) Interest shall be payable for the period beginning on the
first day of the first month which begins after the end of the
period of service with respect to which the redeposit is made and
ending on the last day of the month which precedes the month
during which he redeposits the refund.
"(C) If a member elects to make his redeposit in monthly
installments, each monthly payment shall include interest on that
portion of the refund which is then being redeposited.".
(2) Subsection (k) of such Act (D.C. Code, 4 - 531), as amended by
section 206 of this Act, is further amended--,
(A) in paragraph (2)--,
(B) in paragraph (3)--,
(C) in paragraph (6)--,
time
such annuity commences," immediately after "such
retirement,"
in the first sentence,
first
sentence and inserting in lieu thereof "such member's",
first
sentence and inserting in lieu thereof "such",
be".
(b) The amendments made by subsection (a) shall take effect at the
end of the ninety-day period beginning on the date of the enactment of
this Act.
SERVICE CREDIT
Sec. 208. (a)(1) Subsection (d) of the Policemen and Firemen's
Retirement and Disability Act (D.C. Code, sec. 4 - 524) is amended--,
(A) in paragraph (2)--,
provisions
of this section" and inserting in lieu thereof "(A) any
member who is an officer or member of the United
States
Park Police force, the Executive Protective
Service, or the
United States Secret Service Division,"; and
"(B) Any member who is an officer or member of the Metropolitan
Police force or the Fire Department of the District of Columbia with
less than five years of police or fire service who is separated from his
department, except for retirement under subsection (f), (g), or (h), //
D.C. Code 4 - 526, 4 - 527, 4 - 528. // shall be refunded the amount of
the deductions made from his salary under this section. The receipt of
payment of such deductions by such member shall void all annuity rights
under this section, except that if such member is subsequently
reappointed to any department whose members come under this section and
such member elects, at the time of such reappointment, to redeposit the
amount refunded to him pursuant to the preceding sentence plus interest
computed in accordance with subsection (1)(3), then credit shall be
allowed under this section for the prior period of service. Such
redeposit (and the interest required thereon) may be made, at the
election of the member, in a lump sum or in not to exceed 60 monthly
installments, except that if such member dies before depositing the full
amount due under the preceding sentence, the requirements of such
sentence shall be deemed to have been met.";
(B) in the proviso at the end of paragraph (3), by inserting
immediately before the period", except that if the member was an
officer or member of the Metropolitan Police force or the Fire
Department of the District of Columbia, no payment shall be made
if no natural person is determined to be entitled thereto"; and
(C) in paragraph (4)--,
inserting
",except that if the member was an officer or member of
the
Metropolitan Police force or the Fire Department of
the
District of Columbia, no payment shall be made if no
natural
person is determined to be entitled thereto" immediately
before the period.
(2) Paragraph (5) of subsection (c) of such Act (D.C. Code, sec. 4 -
523(5)) is amended to read as follows:
"(5)(A) A member shall be allowed credit for government service
performed prior to appointment in any of the departments mentioned in
subsection (a)(1) of this section, // D.C. Code 4 - 521. // if such
member deposits a sum equal to the entire amount, including interest (if
any), refunded to him for such period of government service. A member
who is an officer or member of the Metropolitan Police force or the Fire
Department of the District of Columbia shall deposit such sum, plus
interest computed in accordance with subparagraph (B), with the
Custodian of Retirement Funds (as defined in section 102(6) of the
District of Columbia Retirement Reform Act) for deposit in the District
of Columbia Police Officers and Fire Fighters' Retirement Fund
established by section 122(a) of such Act. All other members shall
deposit such sums with the Mayor of the District of Columbia for credit
to the revenues of the District of Columbia. If the member so elects,
he may deposit the total amount of such refund in monthly installments
not exceeding twenty-four, except that in the case of a member who is an
officer or member of the United States Park Police force, the Executive
Protective Service, or the United States Secret Service Division, such
monthly installments shall be of equal amounts. No deposit shall be
required for days of unused sick leave credited under subsection (h) of
this section. // D.C. Code 4 - 528. //
"(B) Interest required on deposits under this paragraph for members
who are officers or members of the Metropolitan Police force or the Fire
Department of the District of Columbia shall be computed as follows:
"(i) Interest shall be paid at a rate which (as determined by
the Mayor of the District of Columbia) is equal to the average
rate of return on investment (adjusted to the nearest one-eighth
of 1 per centum) for the District of Columbia Police Officers and
Fire Fighters' Retirement Fund (established by section 122 of the
District of Columbia Retirement Reform Act) for the period
beginning on the first day of the first month which begins after
the end of the service with respect to which the deposit is made
and ending on the last day of the month which precedes the month
during which the deposit is made if he makes a lump-sum payment or
during which he makes the first monthly payment if he makes
monthly payments, except that for so much of any such period which
precedes October 1, 1981, the average rate of interest on
interest-bearing obligations of the United States forming a part
of the public debt (adjusted to the nearest one-eighth of 1 per
centum) shall be used in determining the interest rate to be paid
on deposits under this paragraph.
"(ii) Interest shall be payable for the period beginning on the
first day of the first month which begins after the end of the
period of service with respect to which the deposit is made and
ending on the last day of the month which precedes the month
during which the deposit is made.
"(iii) If a member elects to make his deposit in monthly
installments, each monthly payment shall include interest on that
portion of the refund which is then being redeposited.".
(b) The amendments made by subsection (a) shall take effect at the
end of the ninety-day period beginning on the date of the enactment of
this Act. The amendments made by paragraph (2) of subsection (a) shall
not apply with respect to deposits made, in whole or in part, prior to
the end of such ninety-day period.
Sec. 209. (a)(1) The Policemen and Fireman's Retirement and
Disability Act // D.C. Code 4 - 521 // is amended--,
(A) by redesignating subsections (m) through (s), as
redesignated by section 207(a)(1)(A) of this Act, as subsections
(n) through (t), respectively; and
(B) by inserting immediately after subsection (1), as added by
the amendment made by section 207(a)(1)(B) of this Act, the
following new subsection:
"(m)(1) Each month the Mayor of the District of Columbia shall
determine the per centum change in the price index. On the basis of
this determination, and effective the first day of the third month which
begins after the price index shall have equaled the rise of at least 3
per centum for three consecutive months over the price index for the
base month each annuity payable under this section which--,
"(A) is payable to a survivor of a member who was an officer or
member of the United States Park Police force, the Executive
Protective Service, or the United States Secret Service Division,
and
"(B) has a commencing date on or before such effective date,
shall be increased by 1 per centum plus the per centum rise in the price
index. For purposes of this paragraph, the term 'base month' means the
month for which the price index showed a per centum rise forming the
basis for a cost-of-living annuity increase under this paragraph, except
that, until the first cost-of-living annuity increase under this
paragraph, the base month shall be the last month which was the base
month for purposes of subsection (k)(7) before its repeal by section
209(b) of the District of Columbia Retirement Reform Act.
"(2) With respect to any annuity payable under this section which is
payable to a member who was an officer or member of the Metropolitan
Police force or the Fire Department of the District of Columbia, or to a
survivor of any such member, the Mayor shall--,
"(A) on January 1 of each year, or within a reasonable time
thereafter, determine the per centum change in the price index
published for December of the preceding year over the price index
published for June of the preceding year, and
"(B) on July 1 of each year, or within a reasonable time
thereafter, determine the per centum change in the price index
published for June of such year over the price index published for
December of the preceding year.
"(3) If in any year the per centum change determined under either
paragraph (2)(A) or (2)(B) indicated a rise in the price index, then--,
"(A) in the case of an increase under paragraph (2)(A), (i)
each annuity described in paragraph (2) having a commencing date
not later than March 1 of such year shall, effective such March 1,
be increased by the per centum change computed under such
paragraph, adjusted to the nearest one-tenth of 1 per centum, and
(ii) each annuity described in such paragraph having a commencing
date after such March 1 but before the effective date of the next
increase in annuities under this paragraph shall, effective such
commencing date, be increased by such per centum change, adjusted
to the nearest one-tenth of 1 per centum, or
"(B) in the case of an increase under paragraph (2)(B), (i)
each annuity described in paragraph (2) having a commencing date
not later than September 1 of such year shall, effective such
September 1, be increased by the per centum change computed under
such paragraph, adjusted to the nearest one-tenth of 1 per centum,
and (ii) each annuity described in such paragraph having a
commencing date after such September 1 but before the effective
date of the next increase in annuities under this paragraph shall,
effective such commencing date, be increased by such per centum
change, adjusted to the nearest one-tenth of 1 per centum.
"(4) The monthly installment of annuity after adjustment under this
subsection shall be fixed at the nearest dollar, except that such
installment shall after adjustment reflect an increase of at least $1.
"(5) For purposes of this subsection, the term 'price index' means
the Consumer Price Index for All Urban Consumers published monthly by
the Bureau of Labor Statistics.".
(2) Subsections (m) (2) and (3) of the Policemen and Firemen's
Retirement and Disability Act, as added by the amendment made by
paragraph (1)(B) of this subsection, shall apply (A) to any increase
after the effective date of such amendment in annuities payable under
subsection (k) of such Act // D.C. Code 4 - 531. // except that with
respect to the first date after the effective date of such amendment on
which the Mayor is to determine a per centum change for the purpose of
such an increase, such per centum change shall be determined by
computing the change in the price index published for the month
immediately preceding such first date over the price index published for
the last month which was the base month for purposes of subsection
(k)(7) of the Policemen and Firemen's Retirement and Disability Act
before the repeal of such subsection by subsection (b) of this section,
and (B) to any increase in each annuity payable under such Act having a
commencing date after the effective date of such amendment.
(b) Subsection (k)(7) of the Policemen and Firemen's Retirement and
Disability Act (D.C. Code, sec. 4 - 531(7)) is repealed.
(c) Section 301 of the District of Columbia Police and Firemen's
Salary Act of 1953 (D.C. Code, sec. 4 - 518) is amended by adding at the
end thereof the following new subsection:
"(e) This sectin shall not apply with respect to officers and members
of the Metropolitan Police force or the Fire Department of the District
of Columbia who retire after the effective date of this subsection.".
(d) The amendments made by this section shall take effect at the end
of the ninety-day period beginning on the date of the enactment of this
Act.
Sec. 210. Subsection (o) of the Policemen and Firemen's Retirement
and Disability Act, as amended by section 205(b) of this Act and
redesignated by section 209(a)(1)(A) of this Act (D.C. Code, sec. 4 -
533), is amended by adding at the end thereof the following new
paragraph:
"(3) Except in a case of fraud against the District of Columbia, the
Mayor may waive collection of any amount less than $100 which was paid
to an annuitant in excess of the amount to which such annuitant was
entitled under this section.".
Sec. 211. Subsection (p) of the Policemen and Firemen's Retirement
and Disability Act, as redesignated by section 209(a)(1)(A) of this Act
(D.C. Code, sec. 4 - 534), is amended by inserting after "accrues
monthly" in paragraph (1) the following: "(except that an annuity
accrues over any portion of a month after the commencing date of such
annuity but before the first day of the next month and is payable for
such month in an amount pro rated in a manner to be determined by the
Mayor)".
INCOMPETENTS
Sec. 212. Subsection (p) of the Policemen and Firemen's Retirement
and Disability Act, as redesignated by section 209(a)(1)(A) of this Act
and amended by section 211 of this Act (D.C. Code, sec. 4 - 534), is
amended by redesignating paragraphs (2) and (3) of such subsection as
paragraphs (3) and (4), respectively, and by inserting after paragraph
(1) the following new paragraph:
"(2) Payment due a minor, or an individual mentally incompetent or
under other legal disability, may be made to the person who is
constituted guardian or other fiduciary by the law of the State of
residence of the claimant or is otherwise legally vested with the care
of the claimant or his estate. If a guardian or other fiduciary of the
individual under legal disability has not been appointed under the law
of the State of residence of the claimant, payment may be made to any
person who, in the judgment of the Mayor, is responsible for the care of
the claimant, and the payment bars recovery by any other person.".
RETIREMENTS
Sec. 213. Subsection (g) of the Policemen and Firemen's Retirement
and Disability Act (as amended by section 204 of this Act) is further
amended by adding at the end thereof the following new paragraphs:
"(6) Not later than ninety days after the date of the enactment of
the District of Columbia Retirement Reform Act, the Board of Police and
Fire Surgeons shall submit to the Mayor recommendatins for regulations
to establish specific criteria for determining whether an injury was
incurred, or a disease was contracted, in the performance of duty and
whether an injury or disease was aggravated in the performance of duty.
The Mayor shall promulgate regulations establishing such criteria in a
timely manner based on the recommendations of the Board.
"(7)(A) In making determinations under this subsection and under
subsection (f), // D.C. Code 4 - 526. // the Board of Police and Fire
Surgeons and the Police and Firemen's Retirement and Relief Board shall
make full use of the medical resources in the District of Columbia and
shall make the widest practical use of the medical expertise available
to them consistent with fair and even administration of this Act.
"(B) Not later than ninety days after the date of the enactment of
the District of Columbia Retirement Reform Act, the Board of Police and
Fire Surgeons and the Police and Firemen's Retirement and Relief Board
shall each submit to the Mayor recommendations for regulations to carry
out the requirements of subparagraph (A). The Mayor shall, in a timely
manner and based on the recommendations of such Boards, promulgate
regulations to carry out the requirements of such subparagraph.
"(C) Failure to promulgate such regulatins, or failure to comply with
such regulations, shall not invalidate any decision of the Mayor or the
Police and Firemen's Retirement and Relief Board with respect to the
retirement of any individual.".
FIGHTERS RECEIVING
ANNUITY WHILE EMPLOYED BY THE DISTRICT OF
COLUMBIA
GOVERNMENT
Sec. 214. Subsection (p) of the Policemen and Firemen's Retirement
and Disability Act (as redesignated by section 209(a)(1)(A) and amended
by section 211) is amended by adding at the end thereof the following
new paragraph:
"(5) Notwithstanding any other provision of law, the salary of any
annuitant who first becomes entitled to an annuity under this section
after the date of the enactment of the District of Columbia Retirement
Reform Act and who is subsequently employed by the government of the
District of Columbia shall be reduced by such amount as is necessary to
provide that the sum of such annuitant's annuity under this section and
compensation for such employment is equal to the salary otherwise
payable for the position held by such annuitant.".
Sec. 251. (a)(1) Section 21(b) of the Act entitled " An Act for the
retirement of public-school teachers in the District of Columbia",
approved August 7, 1946 (D.C. Code, sec. 31 - 739a(b)), is amended to
read as follows:
"(b)(1) The Mayor shall--,
"(A) on January 1 of each year, or within a reasonable time
thereafter, determine the per centum change in the price index
published for December of the preceding year over the price index
published for June of the preceding year, and
"(B) on July 1 of each year, or within a reasonable time
thereafter, determine the per centum change in the price index
published for June of such year over the price index published for
December of the preceding year.
"(2) If in any year the per centum change determined under either
paragraph (1)(A) or (1)(B) indicates a rise in the price index, then--,
"(A) in the case of an increase under paragraph (2)(A), (i)
each annuity described in paragraph (2) having a commencing date
not later than March 1 of such year shall, effective such March 1,
be increased by the per centum change computed under such
paragraph, adjusted to the nearest one-tenth of 1 per centum, and
(ii) each annuity described in such paragraph having a commencing
date after such March 1 but before the effective date of the next
increase in annuities under this paragraph shall, effective such
commencing date, be increased by such per centum, or
"(B) in the case of an increase under paragraph (2)(B), (i)
each annuity described in paragraph (2) having a commencing date
not later than September 1 of such year shall, effective such
September 1, be increased by the per centum change computed under
such paragraph, adjusted to the nearest one-tenth of 1 per centum,
and (ii) each annuity described in such paragraph having a
commencing date after such September 1 but before the effective
date of the next increase in annuities under this paragraph shall,
effective such commencing date, be increased by such per centum
change, adjusted to the nearest one-tenth of 1 per centum.".
(2) The amendment made by paragraph (1) shall apply to any increase
after the effective date of such amendment in annuities payable from the
District of Columbia teachers' retirement and annuity fund established
by section 2 of the Act entitled " An Act for the retirement of
public-school teachers in the District of Columbia"; approved August 7,
1946, // D.C. Code 31 - 722. // or from the District of Columbia
Teachers' Retirement Fund established by section 123(a) of this Act,
except that with respect to the first date after the effective date of
such amendment on which the Mayor is to determine a per centum change,
such per centum change shall be determined by computing the change in
the price index published for the month immediately preceding such first
date over the price index published for the last month before such
effective date for which the price index showed a per centum rise
forming the basis for a cost-of-living annuity increase under section
21(b) of such Act of August 7, 1946, // D.C. Code 31 - 739a. // as in
effect immediately before the amendment of such section by paragraph
(1).
(b) Section 21(c) of the Act entitled " An Act for the retirement of
public-school teachers in the District of Columbia", approved August 7,
1946 (D.C. Code, sec. 31 - 739a(c)), is amended--,
(1) by striking out "governed by the commencing date of each
annuity payable from the fund as of the effective date of an
increase" and inserting in lieu thereof" as provided in subsection
(b)(2)"; and
(2) by striking out "from the fund" in paragraph (1) of such
section.
(c) The amendments made by subsections (a) and (b) shall take effect
at the end of the ninety-day period beginning on the date of the
enactment of this Act.
Sec. 252. (a) Section 11 - 1571(a) of title 11 of the District of
Columbia Code is amended by inserting", or who, before the next such
increase first becomes payable under such section, receives such salary
or annuity, either" immediately after "salary or annuity".
(b) The amendment made by subsection (a) shall take effect at the end
of the ninety-day period beginning on the date of the enactment of this
Act.
Sec. 253. (a)(1) The first section of the Act entitled " An Act for
the retirement of public-school teachers in the District of Columbia",
approved August 7, 1946 (D.C. Code, sec. 31 - 721), is amended--,
(A) in the first paragraph by inserting "or the end of the
90-day period beginning on the date of the enactment of the
District of Columbia Retirement Reform Act, whichever is earlier"
immediately before the period at the end of the proviso in the
second sentence; and
(B) in the second paragraph--,
such
death or separation or the end of the 90-day period
beginning
on the date of enactment of the District of Columbia
Retirement
Reform Act, whichever is earlier" immediately after
"are made".
(2) Section 1 A(b) of such Act (D.C. Code, sec. 31 - 721a(b)) is
amended by striking out "with interest at 4 per centum compounded
annually" in the first sentence and inserting in lieu thereof", with
interest computed in accordance with section 24(b) of this Act,".
(3) Section 8 of such Act (D.C. Code, sec. 31 - 728) is amended in
the first paragraph--,
(A) in the second proviso in the sixth sentence--,
accumulated
contributions", and
of
such proviso", and (2) interest thereon computed in
accordance
with section 24(b) of this Act"; and
(B) in the seventh sentence, by striking out "with interest at
3 per centum per annum compounded annually".
(4) Section 9(a) of such Act (D.C. Code, sec. 31 - 729(a)) is
amended--,
(A) in the first proviso--,
the
end of the 90-day period beginning on the date of the
enactment of the District of Columbia Retirement
Reform
Act, whichever is earlier)" immediately after
"thereon", and
the
end of the 90-day period beginning on the date of the
enactment of the District of Columbia Retirement
Reform
Act, whichever is earlier)" immediately after
"interest" the
second time it appears;
(B) in the second proviso, by inserting "(including the
interest thereon) plus interest computed in accordance with
section 24(c) of this Act" immediately before the colon at the end
of such proviso; and
(C) in the third proviso, by striking out", with interest at 3
per centum compounded annually".
(5) Section 10(f)(3) of such Act (D.C. Code, sec. 31 - 730(f)(3)) is
amended by inserting after "interest" the first time it appears" earned
prior to the end of the 90-day period beginning on the date of the
enactment of the District of Columbia Retirement Reform Act".
(6) Such Act is further amended by adding at the end thereof the
following new section:
" Sec. 24. (a) For purposes of determining the amount available to
purchase an annuity under the second paragraph of the first section of
this Act, interest shall be deemed to accrue on deposits at the
following rates for the following periods:
"(1) Prior to the end of the 90-day period beginning on the
date of the enactment of the District of Columbia Retirement
Reform Act, interest shall accrue at the rate of 3 per centum per
annum compounded as of December 31 of each year.
"(2) For the period beginning at the end of the 90-day period
beginning on the date of the enactment of the District of Columbia
Retirement Reform Act and ending on September 30, 1981, interest
shall accrue at a rate which (as determined by the Mayor of the
District of Columbia) is equal to the average rate of interest on
interest-bearing obligations of the United States forming a part
of the public debt (adjusted to the nearest one-eighth of 1 per
centum).
"(3) After October 1, 1981, interest shall accrue at an annual
rate which (as determined by the Mayor of the District of
Columbia) is equal to the average annual rate of return on
investment (adjusted to the nearest one-eighth of 1 per centum)
for the District of Columbia Teachers' Retirement Fund established
by section 123 of the District of Columbia Retirement Reform Act.
// D.C. Code 31 - 721a, 31 - 728. //
"(b) Interest required on deposits under section 1 A or 8 of this Act
or under the Act of June 27, 1960 // D.C. Code 31 - 745. // shall be
computed as follows:
"(1) Interest shall be paid at a rate which (as determined by
the Mayor of the District of Columbia) is equal to the average
rate of return on investment (adjusted to the nearest one-eighth
of 1 per centum) for the District of Columbia Teachers' Retirement
Fund (established by section 123 of the District of Columbia
Retirement Reform Act) for the period beginning on the first day
of the first month which begins after the midpoint of the period
with respect to which the deposit is made and ending on the last
day of the month which precedes the month during which the deposit
is made if he makes a lump-sum payment or during which he makes
the first payment if he makes installment deposits, except that--,
the
enactment of the District of Columbia Retirement
Reform
Act and October 1, 1980, the average rate of interest
on
interest-bearing obligations of the United States
forming a
part of the public debt (adjusted to the nearest
one-eighth of
1 per centum) shall be used in determining the interest
rate
to be paid on deposits; and
the
enactment of the District of Columbia Retirement
Reform
Act, the rate of 3 per centum a year, compounded
annually,
shall be used in determining the interest rate to be
paid on
deposits.
"(2) Interest shall be payable for the period beginning on the
first day of the first month which begins after the midpoint of
the period with respect to which the deposit is made and ending on
the last day of the month which precedes the month during which
the deposit is made.
"(3) If a teacher elects to make his deposit in installments,
each payment shall include interest on that portion of the refund
which is then being redeposited.
"(c) Interest required on deposits under section 9(a) of this Act //
D.C. Code 31 - 729. // shall be computed as follows:
"(1) Interest shall be paid at a rate which (as determined by
the Mayor of the District of Columbia) is equal to the average
rate of return on investment (adjusted to the nearest one-eighth
of 1 per centum) for the District of Columbia Teachers' Retirement
Fund (established by section 123 of the District of Columbia
Retirement Reform Act) for the period beginning on the first day
of the first month which begins after the end of the service
period with respect to which the deposit is made and ending on the
last day of the month which precedes the month during which the
deposit is made if he makes a lump sum payment or during which he
makes the first payment if he makes installment deposits, except
that--,
the
enactment of the District of Columbia Retirement
Reform
Act and October 1, 1980, the average rate of interest
on
interest-bearing obligations of the United States
forming a
part of the public debt (adjusted to the nearest
one-eighth of
1 per centum) shall be used in determining the interest
rate
to be paid on deposits; and
the
enactment of the District of Columbia Retirement
Reform
Act, the rate of 3 per centum a year, compounded
annually,
shall be used in determining the interest rate to be
paid on
deposits.
"(2) Interest shall be payable for the period beginning on the
first day of the first month which begins after the end of the
service period with respect to which the deposit is made and
ending on the last day of the month which precedes the month
during which the deposit is made.
"(3) If a teacher elects to make his deposit in installments,
each payment shall include interest on that portion of the refund
which is then being redeposited.".
(b) The Act entitled " An Act to authorize certain teachers in the
public schools of the District of Columbia to count as creditable
service for retirement purposes certain periods of authorized leave
without pay taken by such teachers for educational purposes", approved
June 27, 1960 (D.C. Code, sec. 31 - 745), is amended--,
(1) by striking out "and interest"; and
(2) by inserting immediately before the colon at the beginning
of the proviso "plus interest computed in accordance with section
24(b) of such Act of August 7, 1946".
(c) The amendments made by this section shall take effect at the end
of the ninety-day period beginning on the date of the enactment of this
Act.
Sec. 254. (a) Subchapter III of chapter 15 of title 11 of the
District of Columbia Code is amended--,
(1) in section 11 - 1561--,
the 90-day
period beginning on the date of the enactment of the
District
of Columbia Retirement Reform Act, whichever is
earlier",
and
before
the semicolon at the end thereof "or the end of
the 90-day
period beginning on the date of the enactment of the
District
of Columbia Retirement Reform Act, whichever is
earlier";
and
(2) in section 11 - 1569(c), by inserting "or the end of the
90-day period beginning on the date of the enactment of the
District of Columbia Retirement Reform Act, whichever is earlier"
immediately after "such judge" and before the comma.
(b) Such subchapter III is further amended--,
(1) in section 11 - 1563(b), by striking out "at 4 per centum
per annum to December 31, 1947, and 3 per centum per annum
thereafter, compounded on December 31 of each year" and inserting
in lieu thereof "computed in accordance with section 11 - 1564(
d)(2)";
(2) by amending section 11 - 1564(d)(2) to read as follows:
"(2) Interest on deposits under this subsection and section 11 -
1567
// D.C. Code 11 - 1567. // (b) shall be computed as follows:
"(A) Interest shall be paid at a rate which (as determined by
the Mayor of the District of Columbia) is equal to the average
rate of return on investment (adjusted to the nearest one-eighth
of 1 per centum) for the District of Columbia Judges' Retirement
Fund (established by section 124 of the District of Columbia
Retirement Reform Act) for the period beginning on the first day
of the first month which begins after the end of the service
period with respect to which the deposit is made and ending on the
last day of the month which precedes the month during which the
deposit is made if he makes a lump sum payment or during which he
makes the first payment if he makes installment deposits, except
that--,
the
enactment of the District of Columbia Retirement
Reform
Act and October 1, 1980, the average rate of interest
on
interest-bearing obligations of the United States
forming a
part of the public debt (adjusted to the nearest
one-eighth of
1 per centum) shall be used in determining the interest
rate
t be paid on deposits;
beginning
on the date of the enactment of the District of
Columbia
Retirement Reform Act, the rate of 3 per centum a
year,
compounded annually, shall be used in determining the
interest rate to be paid on deposits; and
to
January 1, 1948, the rate of 4 per centum a year,
compounded
annually, shall be used in determining the interest
rate to
be paid on deposits.
"(B) Interest shall be payable for the period beginning on the
first day of the first month which begins after the end of the
service period with respect to which the deposit is made and
ending on the last day of the month which precedes the month
during which the deposit is made.
"(C) If a judge elects to make his deposit in installments,
each payment shall include interest on that portion of the refund
which is then being redeposited.
Interest may not be charged for a period of separation from the service
which began before October 31, 1956."; and
(3) in section 11 - 1567(b),
// D.C. Code 11 - 1567. // by striking out "at 4 per centum per
annum to December 31, 1947, and 3 per centum per annum thereafter,
compounded on December 31 of each year" and inserting in lieu
thereof "computed in accordance with section 11 - 1564( d)(2)".
(c) The amendments made by this section shall take effect at the end
of the ninety-day period beginning on the date of the enactment of this
Act.
PREDECEASED
BENEFICIARIES
Sec. 255. (a) Section 5(b) of the Act entitled " An Act for the
retirement of public-school teachers in the District of Columbia",
approved August 7, 1946 (D.C. Code, sec. 31 - 725(b)), is amended by
adding at the end thereof the following new paragraph:
"(4) In the event an individual designated as a surviving widow or
widower or as a survivor annuitant under this subsection predeceases the
teacher designating such individual, the annuity of such teacher shall,
effective the day after the death of such individual, be the amount it
would have been if no such beneficiary had been amed.".
(b) The amendment made by subsection (a) shall take effect on October
1, 1978, or at the end of the ninety-day period beginning on the date of
the enactment of this Act, whichever is later.
ON OUTSIDE
EARNED INCOME
Sec. 256. Section 5(b) of the Act entitled " An Act for the
retirement of public-school teachers in the District of Columbia",
approved August 7, 1946 (D.C. Code, sec. 31 - 725(b)), is amended by
adding at the end thereof the following new paragraph:
"(4) In the event an individual designated as a survining widow or
windower or as a survivor or as a survivor annuitant under this
subsection predeceases the teacher designating such individual, the
annuity of such teacher shall, effective the day after the death of such
individual, be the amount it would have been if no such beneficiary had
been named.".
(b) The amendment made by subsection (a) shall take effect on October
1, 1978, or at the end of the ninety-day period beginning on the date of
the enactment of this Act, whichever is later.
ON OUTSIDE
EARNED INCOME
sec. 256. Section 4 of the Act entitled " An Act for retirement of
public-school teachers in the District of Columbia", approved August 7,
1946 (D.C. Code, sec. 31 - 724), is amended by inserting after the
second paragraph thereof the following new paragraph:
" Notwithstanding the foregoing provisions of this section, if during
any calendar year an annuitant who is receiving a disability annuity
under this section and who has not reached retirement age (as defined in
section 3) receives income from wages or self-employment, or both, in an
amount not less than 80 per centum of the current rate of pay of the
position occupied by the annuitant before retirement, the annuity of
such annuitant shall be terminated by the Board of Education effective
January 1 of the first calendar year after such calendar year, except
that this sentence shall not apply with respect to income received
during the year in which the annuitant retired. The annuity of any
annuitant whose annuity is terminated under the preceding sentence shall
be restored, at the rate which would have been in effect but for such
termination, effective January 1 of any year following a year during
which the amount of such annuitant's income from wages and
self-employment is less than 80 per centum of the current rate of pay of
the position occupied by the annuitant before retirement, or effective
immediately if the Board of Education determines that, outside of normal
fluctuations in such annuitant's income, such annuitant's income, such
annuitant's income is reduced to a level which on an annual basis is
less than 80 per centum of such current rate of pay.".
WHILE EMPLOYED
BY THE DISTRICT OF COLUMBIA GOVERNMENT
Sec. 257. The Act entitled " An Act for retirement of public-school
teachers in the District of Columbia" approved August 7, 1946 (D.C.
Code, sec. 31 - 721 et seq.), is amended by adding after section 24 (as
added by section 253(a)(6)) the following new section:
" Sec. 25. Notwithstanding any other provision of law, the salary of
any retired teacher who first becomes entitled to an annuity under this
Act after the date of the enactment of the District of Columbia
Retirement Reform Act and who is subsequently employed by the government
of the District of Columbia shall be reduced by such amount as is
necessary to provide that the sum of such teacher's annuity under this
Act and compensation for such employment is equal to the salary
otherwise payable for the position held by such teacher.".
Approved November 17, 1979.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 96 - 155 accompanying H.R. 3939 (Comm. on the
District of Columbia) and No. 96 - 584 (Comm. of Conference).
SENATE REPORT No. 96 - 237 (Comm. on Governmental Affairs).
CONGRESSIONAL RECORD, Vol. 125 (1979):
Aug. 1, considered and passed Senate.
Sept. 24, H. r. 3939 considered and passed House; passage
vacated and S. 1037, amended, passed in lieu.
Nov. 8, House agreed to conference report.
Nov. 9, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 15, No. 47:
Nov. 19, Presidential statement.
PUBLIC LAW 96-121, 93 STAT, 863
Prevention and Control Act of
1974, 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. Section 17 of the Federal Fire Prevention and Control Act
of 1974 (15 U.S.C. 2216) is amended to read as follows:
" Sec. 17. (a) There are authorized to be appropriated to carry out
the foregoing provisions of this Act, except as otherwise specifically
provided, with respect to the payment of claims, under section 11 of
this Act, // 15 USC 2210. // an amount not to exceed $25,210,000 for
the fiscal year ending September 30, 1980, which amount includes--,
"(1) $4,781,000 for programs which are recommended in the
report submitted to
// 92 Stat. 932.15 USC 2220. //
the Congress by the Administrator pursua to section 24(b)(1);
"(2) $9,430,000 for the National Academy for Fire Prevention
and Control;
"(3) $307,000 for adjustments required by law in salaries, pay,
retirement, and employee benefits;
"(4) $500,000 for additional rural firefighting technical
assistance and information activities;
"(5) $500,000 for the study required by section 26 of this Act;
and
"(6) $110,000 for the study required by section 27 of this Act.
"(b) There are authorized to be appropriated for the additional
administrative expenses of the Federal Emergency Management Agency,
which are related to this Act and which result from Reorganization Plan
Numbered 3 of 1978 (submitted June 19, 1978) // 92 Stat. 3790. // and
related Executive orders, // 3 CFR 1978 // an amount noto exceed
$600,000 for the fiscal year ending September 30, 1980."
Sec. 2. Section 21(b)(4) of the Federal Fire Prevention and Control
Act of 1974 (15 U.S.C. 2218(b)(4)) is amended by striking out: $100 a
day" and inserting in lieu thereof "the daily equivalent of the maximum
annual rate of basic pay then in effect for grade GS - 15 of the General
Schedule (5 U.S.C. 5332(a))".
Sec. 3. Section 16(b) of the Act entitled " An Act to establish the
National Bureau of Standards", approved March 3, 1901 (15 U.S.C. 278f(
b)), is amended to read as follows:
"(b) Authorization of Appropriations.--For purposes of this section,
there are authorized to be appropriated an amount not to exceed
$5,650,000 for the fiscal year ending September 30, 1980, which amounts
includes--,
"(1) $525,000 for programs which are recommended in the report
submitted to the Congress by the administrator of the United
States Fire Administration pursuant to section 24(b)(1) of the
Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2220(
b)(1); and
"(2) $119,000 for adjustments required by law in salaries, pay,
retirement, and employee benefits."
Sec. 4. The Federal Fire Prevention and Control Act of 1974 (15 U.
S.C. 2201 et seq.) is further amended by adding at the end thereof the
following new section:
" Sec. 26. (a) The Administrator shall, within ten months of the date
of enactment of this section, // 15 USC 2222. // complete a study of
the effectiveness of smoke detectors, heat detectors, and sprinkler
suppression systems in saving lives, preventing injuries, and limiting
property damage in fires, which report shall be submitted to the
Congress and the President. In conducting such study, the Administrator
shall consider, among other factors--,
"(1) whether and the extent to which such devices and systems
have been and are effective in reducing the severity of fires,
including estimates with respect to the potential for savings in
lives, and injury prevention attributable to the operation of such
systems and devices;
"(2) the experience of Federal organizations, States,
localities, and other political subdivisions which have required
the use of such systems and devices; and
"(3) a description of Administration programs regarding smoke
detectors, heat detectors, sprinkler suppression systems and other
systems, together with an analysis of the utilization of these
systems and devices as a result of these programs.
"(b) If the Administration determines, as a result of the study
conducted pursuant to subsection (a) of this section, that smoke
detectors, heat detectors, sprinkler suppression systems or other
similar systems or devices either have been or may be of assistance in
the detection and control of fire, the Administrator shall include, as
part of the report conducted pursuant to this section, recommendations
regarding what should be the Federal role, if any, with respect to
creating incentives for the use of such devices or systems by the
public, by business concerns, and by Federal, State, and local
governments. In making such recommendations, the Administrator shall
consider--,
"(1) the incentives, including financial incentives, which
might be developed to require or facilitate installation within
new or existing buildings of smoke detectors, heat detectors,
sprinkler supression systems, or any combination of such systems,
or other similar systems and devices; and
"(2) the benefits, if any, of demonstration or other such
programs directed at residents in high impact fire areas in order
increase the use of smoke detectors, heat detectors, sprinkler
suppression systems, or other systems or devices.
"(c) As part or its report submitted pursuant to this section, the
Administrator shall provide specific legislative proposals to the
Congress for implementing any recommendations made pursuant to this
section.
"(d) Upon request of the Administrator, each Federal department and
agency shall furnish to the Administrator such information, data,
estimates, and statics, and allow the Administrator access to all
information in its possession, as the Administrator may reasonably
determine to be necessary for the conduct of the study required by this
section.".
Sec. 5. The Federal Fire Prevention and Control Act of 1974 (15 U.
S.C. 2201 et seq.) is further amended by adding at the end thereof the
following new section:
" Sec. 27. (a) // 15 USC 2223. // The Administrator shall conduct a
review of firefighter safety. Such review shall include, but need not
be limited to--,
"(1) an analysis of the current situation with respect to the
safety of firefighters;
"(2) an analysis of the effectiveness of protective garments,
firefighting breathing equipment, personal communications systems,
and other protective subsystems, together with recommendations for
improving such equipment in order to further firefighting safety;
"(3) development of a plan for increased technology transfer to
firefighting units of more effective technologies in the areas
identified in paragraph (2) of this subsection.
"(b) The Administrator shall submit to Congress the results of such
review, together with appropriate recommendations for legislation, not
later than March 31, 1980.".
Approved November 16, 1979.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 176 accompanying H.R. 4016 (Comm. on Science
and Technology). SENATE REPORT No. 96 - 186 (Comm. on Commerce, Science,
and Transportation).
CONGRESSIONAL RECORD, Vol. 125 (1979):
May 23, considered and passed Senate.
June 4, H.R. 4016 considered and passed House; passage vacated
and S. 1160 passed in lieu; that passage was vacated, the bill
was amended, and then passed in lieu of H.R. 4016.
Oct. 31, Senate concurred in House amendement with an
amendment.
Nov. 8, House concurred in Senate amendment.
PUBLIC LAW 96-120, 93 STAT, 862
Building located at 655 East
Durango, San Antonio, Texas, as the " John
H. Wood, Jr., Federal Courthouse".
Be it enacted by the Denate and House of Representatives of the Unite
States of America in Congress assembled, That the United States Federal
Courthouse Building located at 655 East Durango, San Antonio, Texas,
shall hereafter be called and designated as the "john H. wood Jr.,
Federal Courthouse". Any reference in law, map, regulation, document,
record, or other paper of the Unitd States to such building shall be
held to be reference to the John H. Wood, Jr., Federal Courthouse.
Approved November 16, 1979.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 432 accompanying H.R. 4619 (Comm. on Public
Works and Transportation).
SENATE REPORT No. 96 - 359 (Comm. on Evironment and Public Works).
CONGRESSIONAL RECORD, Vol. 125 (1979):
Oct. 12, considered and passed Senate.
Oct. 15, H.R. 4619 considered and passed House; passage
vacated and S. 1728, amended, passed in lieu.
Nov. 1, Senate disagreed to House amendments.
Nov. 9, House receded from its amendments.
PUBLIC LAW 96-119, 93 STAT, 861
Prevention Month".
Whereas each year in the United States one million children are
victims of child abuse and neglect, including three thousand who die;
Whereas the Child Abuse Prevention and Treatment Act of 1974 has yet
to fulfill its mandate of being the cornerstone of a United States
policy for child abuse prevention and treatment;
Whereas a dedicated core of organizations and individuals (including
the National Alliance for the Prevention of Child Abuse; the New York
Foundling Hospital and its director, Doctor Vincent Fontana; Children's
Village; and the National Center for the Prevention of Child Abuse and
its director, C.Henry Kempe, doctor of medicine) are leaders in the
effort to focus greater attention on and resources into the movement to
combat child abuse and neglect; and
Whereas the month of December 1979 is the final month in the
observance of the International Year of the Child: Now, therefore, be
it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That December 1979 is
designated as " National Child Abuse Prevention Month" and the President
is requested to issue a proclamation calling upon the people of the
United States to observe such month with appropriate ceremonies and
activities.
Approved November 16, 1979.
LEGISLATIVE HISTORY:
CONGRESSIONAL RECORD, Vol. 125 (1979):
Oct. 26, considered and passed House.
Nov. 7, considered and passed Senate.
PUBLIC LAW 96-118, 93 STAT, 859
To authorize appropriations for fiscal years 1980, 1981, and 1982 to
carry out
cooperative programs with the States for the
conservation of anadromous fish,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That subsection (c) of
the first section of the Anadromous Fish Conservation Act (16 U.S.C.
757a(c)) is amended by striking out the second sentence therof.
SEC. 2. Section 2 of the Anadromous Fish Conservation Act (16 U.S.
C. 757b) is amended by striking out " United States" in the last
sentence ad inserting in lieu thereof "cooperating States or other
non-Federal interests".
SEC. 3. (a) Subsection (a) of section 4 of the Anadromous Fish
Conservation Act (16 U.S.C. 757d(a) is amended by striking out the first
two sentences and inserting in lieu therof th E following: " There are
authorized to be appropriated to carry out the purposes of this Act not
to exceed the following sums:
"(1) $11,000,000 for fiscal year 1980.
"(2) $13,000,000 for fiscal year 1981.
"(3) $15,000,000 for fiscal year 1982.".
(b) Subsection (b) of such section 4 is amended by striking out
"$1,000,000" and inserting in lieu thereof "$1,250,000".
SEC. 4. The Anadromous Fish Conservation Act // 16 USC 757a // is
amended by redesignating section 7 as section 8 and inserting after
section 6 the following new section:
" SEC. 7. // 16 USC 757g. // (a) The Secretary shall cooperate with
States and other non-Federal interests in conducting studies of--,
"(1) the size and distribution of the population of striped
bass (Morone saxatillis), including, but not limited to, studies
to
determine the amount and geographical location of annual spawning; and
"(2) the factors responsible for the decline in the number of
striped bass that are available to the public for recreational and
commercial use, including, but not limited to--.
the
viability and condition of eggs and larval fish, and
"(b) The Secretary shall make annual reports to the Congress
concerning the progress and findings of the studies conducted pursuant
to subsection (a) of this section. Such reports shall, where
appropriate, contain recommendations of actions which could be taken to
improve the population of striped bass.
"(c) For purposes of conducting the studies required by this section,
the Secretary may enter into agreements with States and other
non-Federal interests in accordance with provisions of the first section
of this Act or he may carry out such studies directly, as he deems
appropriate: Provided, That any agreement entered into pursuant to this
subsection shall be effective only to such extent or in such amounts as
are provided in advance in appropriation Acts.
"(d) There are authorized to be appropriated for the purposes of
carrying out the studies described in subsection (a) of this section not
to exceed $1,000,000 for fiscal year ending September 30, 1980, not to
exceed $1,750,000 for fiscal year ending September 30, 1981, and not to
exceed $2,000,000 for fiscal year ending September 30, 1982. Funds
authorized to be appropriated by this subsection are in addition to any
funds authorized by section 4 which may be used for projects involving
or affecting striped bass. If the Secretary condsiders that the studies
described in subsection (a) should be continued after September 30,
1982, the Secretary shall inform the Congress in writing before February
15, 1981, of the reasons why and for how long such continuation is
believed to warranted.".
SEC. 5. Section 201(e)(2)(D)(i) of the Fishery Conservation and
Management Act of 1976 (16 U.S.C. 1821(e)(2)(D)(i) is amended by
striking out "harvested" and inserting in lieu thereof "unharvested".
SEC. 6. There are authorized to be appropriated to the Department of
the Interior such sums as may be necessary, but not to exceed $800,000,
for purposes of preparing a plan for a fishery research laboratory on
lands owned by the University of Washington on Big Beef Creek,
Washington. For purposes of preparing such a plan, there shall be
available to the Department of the Interior any sums previously
appropriated for the National Fishery Research Center in the State of
Washington and available for expenditure on the date of the enactment of
this Act, and such sums shall be treated as having been authorized for
appropriation under the preceding sentence. The Secretary of the
Interior shall complete and submit such plan as soon as practicable to
the Committee on Merchant Marine and Fisheries of the House of
Representatives and the Committee on Environment and Public Works of the
Senate and such plan shall include, but not be limited to, information
regarding site adequacy, laboratory conceptual design, recommended
agreements that should be entered into regarding Federal agency use of
such laboratory as a condition for Federal sharing in its costs, and
estimates of costs involved.
SEC. 7. The aquarium to be built by the City of Baltimore, Maryland,
on the site on Pratt Street, Pier 3, of the Baltimore Inner Harbor,
shall, on and after the date of the completion of its construction, be
known and designated as the " National Aquarium in Baltilmore". Any
reference in any law, map, regulation, document, record, or other paper
of the United States to that aquarium shall be held to be a reference to
the National Aquarium in Baltimore.
Approved November 16, 1979.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 173 accompanying H.R. 2035 (Comm. on Merchant
Marine and Fisheries).
SENATE REPORT No. 96 - 174 (Comm. on Commerece, Science, and
Transportation and Comm. on Environment and Public Works).
CONGRESSIONAL RECORD, Vol. 125 (1979):
June 13, considered and passed Senate.
June 18, Passage vitiated , bill reconsidered, amended , and
again passed Senate
June 25, H.R. 2035 considered and passed House, passage vacated
and S. 838, amended, passed in lieu.
Nov. 1, Senate concurred in House amendments with an amendment.
Nov. 2, House concurred in Senate amendment.
PUBLIC LAW 96-117, 93 STAT, 858
Public Law 95 - 498).
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the Act of October 21,
1978 (92 Stat. 1675; Public Law 95 - 498) is hereby amended by
inserting in section 1(b)(2), before the phrase " Section 5:", the
heading " Township 13 North, Range 4 East".
Approved November 16, 1979.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 72 (Comm. on Interior and Insular Affairs).
SENATE REPORT No. 96 - 396 (Comm. on Indian Affairs).
CONGRESSIONAL RECORD, Vol. 125 (1979):
Apr. 2, considered and passed House.
Nov. 7, considered and passed Senate.
PUBLIC LAW 96-116, 93 STAT, 857
States of the International Communication
Agency film entitled " Reflections: George Meany".
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That, notwithstanding
the second sentence of section 501 of the United States Information and
Educational Exchange Act of 1948 (22 U.S.C. 1461), the Director of the
International Communication Agency shall, upon receipt of reimbursement
for any expenses involved, make available to the Administrator of
General Services, for deposit in the National Archives of the United
States, a maste copy of the film entitled " Reflections: George Meany",
and the Administrator shall make copies of such film available for
purchase and public viewing within the United States.
Approved November 16, 1979.
LEGISLATIVE HISTORY:
SENATE REPORT No. 96 - 392 (Comm. on Foreign Relations).
CONGRESSIONAL RECORD, Vol. 125 (1979):
Sep. 24, considered and passed House.
Nov. 6, considered and passed Senate.
PUBLIC LAW 96-115, 93 STAT, 856
designating the week beginning
on November 18, 1979, as " National Family Week".
Whereas the family is the basic strength of any free and orderly
society; and
Whereas it is appropriate to honor the family as a unit essential to
the continued well-being of the United States; and
Whereas it is fitting that official recognition be given to the
importance of family loyalties and ties: 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 hereby
authorized and requested to issue a proclamation designating the week
beginning on November 18, 1979, as " National Family Week" and inviting
the Governors of the several States, the chief officials of local
governments, and the people of the United States to observe such day
with appropriate ceremonies and activities.
Approved November 16, 1979.
LEGISLATIVE HISTORY:
CONGRESSIONAL RECORD, Vol. 125 (1979):
Nov. 8, considered and passed House.
Nov. 9, considered and passed Senate.
PUBLIC LAW 96-114, 93 STAT, 851, CONGRESSIONAL AWARD ACT
administer a Congressional Awarded
Program designed to encourage initiative and
achievement among youths.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Section 1. This Act // 2 USC 801 // may be cited as the "
Congressional Award Act".
Sec. 2. // 2 USC 801. // There is established a board to be known as
the Congressional Award Board (hereinafter in this Act referred to as
the " Board"), which shall be responsible for administering the
Congressional Award Program described under section 3 of this Act. The
Board shall not be an agency or instrumentality of the United States,
and the United States is not liable for any obligation or liability
incurred by the Board.
Sec. 3. // 2 USC 802. // (a) The Board shall establish and adminster
a program to be known as the Congressional Award Program, which shall be
designed to promote initiative, achievement, and excellence among youths
in the areas of public service, personal development, and physical and
expedition fitness. Under the program gold, silver, and bronze medals
shall be awarded to young people within the United States, aged fourteen
through twenty-three (subject to such exceptions as the Board may
prescribe), who have satisfied the standards of achievement established
by the Board under subsection (b) of this section. The medals shall be
of such design and materials as the Board may determine.
(b) In carrying out the Congressional Award Program, the Board
shall--,
(1) establish the standards of achievement required for young
people to qualify as recipients of the medals and establish such
procedures as may be required to verify that individuals satisfy
such qualifications;
(2) designate the recipients of the medals in accordance with
the standards established under paragraph (1) of this subsection;
(3) delineate such roles as the Board considers to be
appropriate for the Director and Regional Directors in
administering the Congressional Award, and set forth in the bylaws
of the Board the duties, salaries, and benefits of the Director
and Regional Directors;
(4) raise funds for the operation of the program; and
(5) take such other actions as may be appropriate for the
administration of the Congressional Award Program.
(c) The Board shall arrange for the presentation of the awards to the
recipients and shall provide for participation by Members of Congress in
such presentation, when appropriate. To the extent possible, recipients
shall be provided with opportunities to exchange information and views
with Members of Congress during the presentation of the awards.
(d) The Board may award scholarships in such amounts as the Board
determines to be appropriate to any recipient of the Congressional Award
Gold Medal.
(e) The Board shall prepare and submit an annual report to the
Congress before March 1 of each year summarizing the activities of the
Congressional Award Program during the previous year and making
appropriate recommendations. Any minority views and recommendations of
members of the Board shall be included in such reports. The annual
report shall contain the following items:
(1) Specific information regarding the methods used to raise
funds for the Congressional Award Program and a list of the
sources of all money raised by the Board.
(2) Detailed information regarding the expenditures made by the
Board, including the percentage of funds which are used for
administrative expenses.
(3) A description of the programs formulated by the Director
under section 5(b)(1), including an explanation of the operation
of such programs and a list of their sponsors.
(4) A detailed list of the administrative expenditures made by
the Board, including the amounts expended for salaries, travel
expenses, and reimbursed expenses.
(5) A list of individuals given awards under the program, and
their place of residence.
(6) Such other information as the Board may consider
significant.
Sec. 4. // 2 USC 803. // (a)(1) The Board shall consist of seventeen
members, as follows:
(a) Four members appointed by the majority leader of the
Senate.
(b) Four members appointed by the majority leader of the
Senate.
(c) Four members appointed by the Speaker of the House of
Representatives.
(d) Four members appointed by the minority leader of the House
of Representatives.
(e) The Director of the Board, who shall serve as a nonvoting
member.
(2) In making appointments to the Board, the congressional leadership
shall consider recommendations submitted by any interested party,
including any member of the Board or the Committee for the Establishment
and Promotion of the Congressional Award.
(3) Individuals appointed to the Board shall have an interest in one
or more of the fields of concern of the Congressional Award Program.
(b) Appointed members of the Board shall serve for terms of six
years, except that of the members first appointed--,
(1) five shall serve for terms of two years;
(2) five shall serve for terms of four years; and
(3) six shall serve for terms of six years;
as determined by lot when all such members have been appointed.
(c)(1) Any vacancy in the Board shall be filled in the same manner in
which the original appointment was made.
(2) Any member appointed to fill a vacancy occurring before the
expiration of the term for which his predecessor was appointed shall be
appointed only for the remainder of such term.
(3) Any appointed member of the Board may continue to serve after the
expiration of his term until his successor has taken office.
(4) Vacancies in the membership of the Board shall not affect its
power to function if there remain sufficient members to constitute a
quorum under subsection (d) of this section.
(d) A majority of the members of the Board shall constitute a quorum.
(e) Members of the Board shall serve without pay but may be
compensated for reasonable travel expenses incurred by them in the
performance of their duties as members of the Board.
(f) The Board shall meet annually at the call of the Chairman and at
such other times as the Chairman may determine to be apprpriate. The
Chairman shall call a meeting of the Board whenever onethird of the
members of the Board submit written requests for such a meeting.
(g) The Chairman and the Vice Chairman of the Board shall be elected
from among the members of the Board by a majority vote of the Board for
such terms as the Board determines. The Vice Chairman shall perform the
duties of the Chairman in his absence.
(h)(1) The Board may appoint such committees, and assign to the
committees such functions, as may be appropriate to assist the Board in
carrying out its duties under this Act. Members of such committees may
include the members of the Board or such other qualified individuals as
the Board may select.
(2) Any employee or officer of the Federal Government may serve as a
member of a committee created by the Board, but may not receive
compensation for services performed for such a committee.
(i) The Board shall establish such bylaws and other regulations as
may be appropriate to enable the Board to carry out its functions under
this Act.
Sec. 5. // 2 USC 804. // (a) In the administration of the
Congressional Award Program, the Board shall be assisted by a Director,
who shall be the principal executive of the program and who shall
supervise the affairs of the Board. The Director shall be appointed by
a majority vote of the Board, and shall serve for such term as the Board
may determine. The Director may be removed by a majority vote of the
Board.
(b) The Director shall, in consultation with the Board--,
(1) formulate programs to carry out the policies of the
Congressional Award Program;
(2) establish such divisions within the Congressional Award
Program as may be appropriate; and
(3) employ and provide for the compensation of such personnel
as may be necessary to carry out the Congressional Award Program,
subject to such policies as the Board shall prescribe under its
bylaws.
Sec. 6. // 2 USC 805. // Regional award directors may be appointed
by the Board upon recommendation of the Director, for any State or other
appropriate geographic area of the United States. The Director shall
make such recommendations with respect to a State or geographic area
only after soliciting recommendations regarding such appointments from
public and private youth organizations within such State or geographic
area.
Sec. 7. // 2 USC 806. // (a) Subject to such limitations as may be
provided for under this section, the Board may take such actions and
make such expenditures as may be necessary to carry out the
Congressional Award Program, except that--,
(1) the Board shall carry out its functions and make
expenditures with only such resources as are available to the
Board from sources other than the Federal Government; and
(2) the Board shall not take any actions which would disqualify
the Board from treatment (for tax purposes) as an organization
described in section 501(c)(3) of the Internal Revenue Code of
1954.
// 26 USC 501. //
(b) The Board may enter into and perform such contracts as may be
appropriate to carry out its business, but the Board may not enter into
any contract which would obligate the Board to expend an amount greater
than the amount available to the Board for the purpose of such contract
during the fiscal year in which the expenditure is made.
(c) The Board may seek and accept, from sources other than the
Federal Government, funds and other resources to carry out its
activities. The Board may not accept any funds or other resources which
are--,
(1) donated with a restriction on their use unless such
restriction merely provides that such funds or other resources be
used in furtherance of the Congressional Award Program; or
(2) donated subject to the condition that the identity of the
donor of the funds or resources shall remain anonymous.
(d) The Board may accept and utilize the services of voluntary,
uncompensated personnel.
(e) The Board may lease (or otherwise hold), acquire, or dispose of
real or personal property necessary for, or relating to, the duties of
the Board.
(f) The Board shall have no power--,
(1) to issue bonds, notes, debentures,, or other similar
obligations creating long-term indebtedness;
(2) to issue any share of stock or to declare or pay any
dividends; or
(3) to provide for any part of the income or assets of the
Board to inure to the benefit of any director, officer, or
employee of the Board except as reasonable compensation for
services or reimbursement for expenses.
(g)(1) The Board shall provide for the establishment of a private
nonprofit corporation for the sole purpose of assisting the Board to
carry out the Congressional Award Program, and shall delegate to the
corporation such duties as it considers appropriate.
(2) The articles of incorparation of the corporation established
under this subsection shall provide that--,
(A) the members of the Board of Directors of the corporation
shall be the members of the Board, and the Director of the
corporation shall be the Director of the Board; and
(B) the extent of the authority of the corporation shall be the
same as that of the Board.
(3) No director, officer, or employee of any corporation established
under this subsection may receive compensation, travel expenses, or
benefits from both the corporation and the Board.
Sec. 8. // 2 USC 807. // The financial records of the Board and of
any corporation established under section 7(g) may be audited by the
Comptroller General of the United States (hereinafter in this section
referred to as the " Comptroller General") at such times as the
Comptroller General may determine to be appropriate. The Comptroller
General, or any duly authorized representative of the Comptroller
General, shall have access for the purpose of audit to any books,
documents, papers, and records of the Board or such corporation (or any
agent of the Board or such corporation) which, in the opinion of the
Comptroller General, may be pertinent to the Congressional Award
Program.
Sec. 9. // 2 USC 808. // The Board shall terminate six years after
the date of the enactment of this Act. Upon termination of the Board,
the Board shall take such actions as may be required to provide for the
dissolution of any corporation established by the Board under section
7(g). The Board shall set forth, in its bylaws, the procedures for
dissolution to be followed by the Board.
Approved November 16, 1979.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 518 (Comm. on Education and Labor).
CONGRESSIONAL RECORD, Vol. 125 (1979):
Oct. 29, considered and passed House.
Nov. 1, considered and passed Senate.
PUBLIC LAW 96-113, 93 STAT, 850
amended, to exemp State
prison farms from paying of marketing quota penalties.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That, section 372(d) of
the Agricultural Adjustment Act of 1938, // 7 USC 1372. // as amended,
is further amended to add a new sentence as follows: " Effective with
the 1978 crops, no penalty shall be collected under this Act with
respect to the marketing of any agricultural commodity grown on State
prison farms for consumption within such State prison system.".
Approved November 16, 1979.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 393 (Comm. on Agriculture).
CONGRESSIONAL RECORD, Vol. 125 (1979):
Sep. 17, considered and passed House.
Nov. 1, considered and passed Senate.
PUBLIC LAW 96-112, 93 Stat, 847, MARITIME APPROPRIATION AUTHORIZATION
ACT FOR FISCAL YEAR 1980.
certain maritime programs
of the Department of Commerce, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may be
cited as the " Maritime Appropriation Authorization Act for Fiscal Year
1980".
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 fiscalyear 1980, 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 $101,000,000; except that
--,
be
offered for enrollment in a Sealift Readiness program
approved by the Secretary of Defense; and
in
his discretion, determines that the vessel to be
constructed is
part of an existing or future vessels series.
(2) For payment of obligations incurred for
operating-differential subsidy, not to exceed $256,208,000;
except that--,
participation
in a Sealift Readiness program approved by the
Secretary
of Defense; and
its operating
differential subsidy contract with all attendant
statutory
and contractual restrictions, except as to those
pertaining to
the domestic intercoastal or coastwise service,
including any
agreement providing for the replacement of vessels,
if--,
construction-
differential subsidy paid by the Secretary as
the portion of the suspension period during which the
vessel is operated in any preference trade from which a
subsidized vessel would otherwise be excluded by law or
contract bears to the entire economic life of the
vessel. Any operator making an election under subparagraph (B) is
entitled to full reinstatement of the suspended contract on
request until October 1, 1984. The Secretary of Commerce may
prescribe rules and regulations consistent with the purpose of
subparagraph (B).
(3) For expenses necessary for research and development
activities, not to exceed $16,360,000.
(4) For maritime education and training expenses, not to exceed
$31,372,000; including not to exceed $17,132,000 for maritime
training at the Merchant Marine Academy at Kings Point, New York;
$10,285,000 for financial assistance to State marine schools;
$1,998,000 for fuel oil for State marine school training vessels;
and $1,957,000 for supplementary training courses authorized under
secton 216(c) of the Merchant Marine Act,
1936. // 46 USC 1126. //
(5) For operating expenses, not to exceed $35,598,000;
including not to exceed $6,377,000 for reserve fleet expenses;
and $29,221,000 for other operating expenses.
SEC.3. There are authorized to be appropriated for the fiscal year
1980, 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 27 of the Merchant Marine Act, 1920 (46 U.S.C. 883)
is amended by striking out the period at the end thereof and inserting
the following new proviso: ": Provided further, That until April 1,
1984, and notwithstanding any other provisions of this section, any
vessel documented under the laws of the United States and owned by
persons who are citizens of the United States may, when operated upon a
voyage in foreign trade, transport merchandise in cargo vans, lift vans,
and shipping-tanks between points embraced within the coastwise laws for
transfer to or when transferred from another vessel or vessels, so
documented and owned, of the same operator when the merchandise movement
has either a foreign origin or a foreign destination; but this proviso
(1) shall apply only to vessels which that same operator owned,
chartered or contracted for the construction of prior to the date of the
enactment of this proviso, and (2) shall not apply to movements between
points in the contiguous United States and points in Hawaii, Alaska, the
Commonwealth of Puerto Rico and United States territories and
possession.".
Sec. 5. Subsection D(a)(5) of section 30 of the Merchant Marine Act,
1920 (46 U.S.C. 922 (a)(5) is amended to read as follows:
"(5) The mortgagee is a State, the District of Columbia, the
Commonwealth of Puerto Rico, or a territory or possession of the United
States, or is a citizen of the United States, and for the purposes of
this Act the Reconstruction Finance Corporation shall, in addition to
those designated in sections 37 and 38 of this Act, // 46 USC 888, 802,
803. // be deemed a citizen of the United States."
Approved November 16, 1979.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 96 - 169 accompanying H.R. 2462 (Comm. on
Merchant Marine and Fisheries) and No. 96 - 556 (Comm. of Conference).
SENATE REPORT No. 96 - 105 (Comm. on Commerce, Science, and
Transportation).
CONGRESSIONAL RECORD, Vol. 125 (1979):
May 24 , considered and passed Senate.
July 20, 27, H.R. 2462 considered and passed House; passage
vacated and S. 640, amended, passed in lieu.
Nov. 2, House agreed to conference report.
Nov. 5, Senate agreed to conference report.
PUBLIC LAW 96-111, 93 STAT, 845
and waiving certain restrictions
in the Merchant Marine Act, 1936, and the Merchant
Marine Act, 1920, to
permit the entry of the steamship vessel United
States, steamship vessel Oceanic
Independence, steamship vessel Santa Rosa, and the
steamship vessels Mariposa
and Monterey into the trade.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Section 1. Notwithstanding the provisions of section 506 of the
Merchant Marine Act, 1936 (46 U.S.C. 1156), section 27 of the Merchant
Marine Act, 1920 (46 U.S.C. 883), and any other provision of law, the
Secretary of the department in which the United States Coast Guard is
operating shall cause the vessel Oceanic Independence (official Coast
Guard numbered 261147) and the vessel steamship Santa Rosa (official
Coast Guard numbered 276598) to be documented as vessels of the United
States entitled to engage in the coastwise trade, so long as--,
(1) in the case of the Oceanic Independence--,
requirements
for vessels engaging in the coastwise trade,
constituting
a rebuilding, accomplished after enactment of this
Act, shall
be effected within the United States, its territories
(not
including trust territories), or its possessions,
except that the
vessel shall not lose its coastwise privileges by
reason of
having work necessary to install bow thrusters in the
vessel
and to equip it with a marine sewer sanitation system
performed outside the United States, its territories
(not
including the trust territories) or its possessions
before the
vessel engages in the coastwise trade following
enactment of
this Act,
United
States as defined in the applicable laws prescribing
the
qualifications for vessels to engage in the coastwise
trade,
and
passengers,
their accompanying baggage, and one thousand measurement
tons of cargo, of forty cubic feet each, per annum in
any
coastwise trade: Provided, That for hire carriage of
cargo in
excess of the aforesaid one thousand tons shall be
unlawful,
(2) in the case of the steamship Santa Rosa--,
steamship
Santa Rosa repays to the Secretary of Commerce, upon
such terms and conditions as the Secretary may
prescribe,
an amount which bears the same proportion to the total
construction differential subsidy paid for such vessel
as the
remaining economic life of the vessel computed from the
date of documentation bears to the total economic life
of the
vessel, and
passengers,
their accompanying baggage, and one thousand measurement
tons of cargo, of forty cubic feet each, per annum in
any
coastwise trade: Provided, That for hire carriage of
cargo in
excess of the aforesaid one thousand tons shall be
unlawful.
Sec. 2. Section 2 of Public Law 92 - 296 (86 Stat. 140), // 46 USC
1160 // as amended by Public Law 94 - 536 (90 Stat. 2497), is further
amended by inserting after the words " American flag" the following:
"in the coastwise and/ or foreign commerce of the United States and/or
between foreign ports notwithstanding the provision of section 506 of
the Merchant Marine Act, 1936: // 46 USC 1156 // Provided, That for
hire carriage in coastwise commerce of the United States is limited to
passengers, their accompanying baggage, and one thousand measurement
tons of cargo, of forty cubic feet each, per annum in any single
coastwise trade: Provided further, That for hire carriage of cargo in
excess of the aforesaid one thousand tons shall be unlawful,".
Sec. 3. Notwithstanding the provisions of section 506 of the
Merchant Marine Act, 1936 (46 U.S.C. 1156), and any other provision of
law or of prior contract with the United States, the steamship Mariposa
and the steamship Monterey, may, subject to the approval of the
Secretary of Commerce, be allowed to remain under the American flag and
operate totally in both the coastwise and foreign commerce of the United
States and/or between foreign ports: Rovided, That for hire carriage in
the domestic commerce of the United States is limited to passengers,
their accompanying baggage, and one thousand measurement tons of cargo,
of forty cubic feet each, per annum in any single coastwise trade:
Provided further, That for hire carriage of cargo in excess of the
aforesaid one thousand tons shall be unlawful. In the event the
operator should elect to transfer either or both vessels to foreign flag
operation, nothing in this Act shall be construed as permitting these
vessels in such circumstances to have any rights or ability whatsoever
to operate in the United States coastwise trades.
Approved November 15, 1979.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 559 accompanying H.R. 5472 (Comm. on Merchant
Marine and Fisheries).
SENATE REPORT No. 96 - 298 (Comm. on Commerce, Science, and
Transportation).
CONGRESSIONAL RECORD, Vol. 125 (1979):
Sept. 6, considered and passed Senate.
Oct. 30, H.R. 5472 considered and passed House; passage
vacated and S. 1281, amended, passed in lieu.
Nov. 1, Senate agreed to House amendments.
PUBLIC LAW 96-110, 93 STAT, 843
refugee assistance for the
fiscal years 1980 and 1981 and to authorize
humanitarian assistance for the
victims of the famine in Cambodia.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
AUTHORIZATION
Section 1. Section 102 (a)(4) of the Department of State
Authorization Act, Fiscal Years 1980 and 1981 (title i of Public Law 96
- 60), is amended by striking out "$248,951,000 for the fiscal year
1980, and $254,188,000 for the fiscal year 1981" and inserting in lieu
thereof "$456,241,000 for the fiscal year 1980, and $457,798,000 for the
fiscal year 1981".
Sec. 2. Chapter 9 of part i of the Foreign Assistance Act of 1961 is
amended by adding at the end thereof the following:
" Sec. 495 H. // 22 USC 2292n. // Cambodian Disaster Relief
Assistance.--,(a) The Congress recognizes that prompt United States
assistance is necessary to alleviate the human suffering arising from
famine and disease in Cambodia. Accordingly, the President is
authorized to furnish assistance, on such terms and conditions as he may
determine, for disaster relief to alleviate the suffering of the victims
of famine and disease in Cambodia. Assistance provided under this
section shall be for humanitarian purposes and limited to the civilian
population, with emphasis on providing food, medicine and medical care,
clothing, temporary shelter, transportation for emergency supplies and
personnel, and similar assistance to save human lives.
"(b) Assistance provided under this section or any other provision of
law to alleviate the human suffering caused by famine and disease in
Cambodia shall be provided, to the maximum extent practicable, through
international agencies and private voluntary organizations such as
(among others) the World Relief Committee, World Medical Missions, Inc.,
Cama Services, World Vision, Food for the Hungry, Thailand Baptist
Mission, Catholic Relief Services, Oxfam, and the International Rescue
Committee.
"(c)(1) In providing assistance under this section, the President
shall satisfy himself that adequate procedures have been established to
ensure that such assistance reaches the innocent victims of famine and
disease for whom it is intended. Such procedures shall include end use
monitoring of deliveries on a periodic basis by individuals having
freedom of movement where the assistance is being distributed within
Cambodia.
"(2) Not later than 90 days after the enactment of this section, the
President shall report to the Congress on compliance with this
subsection.
"(d)(1) In addition to amounts otherwise available for such purposes,
there is authorized to be appropriated for purposes of this section
$30,000,000 for the fiscal year 1980, which amount is authorized to
remain available until expended.
"(2) Obligations incurred, prior to the enactment of appropriations
to carry out this section, against other appropriations or accounts for
the purpose of alleviating the human suffering caused by famine and
disease in Cambodia may be charged to the appropriations authorized by
paragraph (1) of this subsection.
"(3) The President may exercise the authority of section 610(a) of
this Act // 22 USC 2360 // (without regard to the 20 percent limitation
contained in that section on increases in accounts) in order to
transfer, for use in carrying out this section, up to $30,000,000 of the
funds made available for the fiscal year 1980 to carry out other
provisions of this Act.
"(4) Priority shall be given in allocating assistance under the
Agricultural Trade Development and Assistance Act of 1954 // 7 USC 1691
// to furnishing agricultural commodities for use in carrying out this
section.
"(e) Assistance under this section shall be provided in accordance
with the policies and utilizing the general authorities provided in //
22 USC 2292. // section 491.".
Sec. 3. (a) Section 2 (b) of the Indochina Migration and Refugee
Assistance Act of 1975 // 22 USC 2601 // is amended by striking out
"1979" and inserting in lieu thereof "1981".
(b) The amendment made by subsection (a) shall be effective as of
October 1, 1979.
Sec. 4. Not later than 60 days after the date of enactment of this
Act, the President shall report to the Congress--,
(1) the estimated total costs to the United States Government,
during fiscal year 1980 and fiscal year 1981, of domestic and
foreign assistance to refugees under all programs of the United
States Government, and
(2) the estimated total costs to State and local governments
during such fiscal years for assistance to refugees which is
attributable to such programs.
Approved November 13, 1979.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 398 (Comm. on Foreign Affairs).
SENATE REPORT No. 96 - 370 accompanying S. 1668 (Comm. on Foreign
Relations).
CONGRESSIONAL RECORD, Vol. 125 (1979):
Oct.25, considered and passed House.
Nov. 2, S. 1668 considered in Senate; by previous order of
this date, H.r. 4955 considered and passed Senate, amended.
Nov. 9, House agreed to Senate amendment with an amendment;
Senate agreed to House amendment.
PUBLIC LAW 96-109, 93 STAT, 842
authorize special Caribbean hurricane
relief assistance.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That chapter 9 of part I
of the Foreign Assistance Act of 1961 // 22 USC 2292 // is amended by
adding at the end thereof the following new section:
" SEC. 495 G. SPECIAL CARIBBEAN HURRICANE RELIEF ASSISTANCE.--, The
President is authorized to furnish assistance, on such terms and
conditions as he may determine, for disaster relief and reconstruction
in the Caribbean to assist in alleviating the human suffering caused by
recent hurricanes in that region. In addition to amounts otherwise
available for such purposes, there is authorized to be appropriated for
purposes of this section $25,000,000 for the fiscal year 1980, which
amount is authorized to remain available until expended. Assistance
under this section shall be provided in accordance with the policies and
general authorities contained in section 491.". // 22 USC 2292. //
SEC. 2. Priority shall be given to furnishing agricultural
commodities under the Agricultural Trade Development and Assistance Act
of 1954 // 7 USC 1691 // to countries in the Caribbean in order to
assist in alleviating the human suffering caused by the recent
hurricanes in that region.
Approved November 9, 1979.
LEGISLATIVE HISTORY:
SENATE REPORT No. 96 - 367 (Comm. on Foreign Relations).
CONGRESSIONAL RECORD, Vol. 125 (1979):
Sept. 25, considered and passed House.
Oct. 30, considered and passed Senate.
PUBLIC LAW 96-108, 93 STAT, 821
Development, and Related Agencies
programs for the fiscal year ending
September 30, 1980, and for other purposes.
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 Agriculture, Rural Development, and Related Agencies
programs for the fiscal year ending September 30, 1980, and for other
purposes; namely:
For necessary expenses of the Office of the Secretary of Agriculture,
including not to exceed $75,000 for employment under 5 U. S.C. 3109,
$4,470,000: Provided, That this appropriation shall be reimbursed from
applicable appropriations in this Act for travel expenses incident to
the holding of hearings as required by 5 U.S.C. 551 - 558: Provided
further, That not to exceed $8,000 of this amount shall be available for
official reception and representation expenses, not otherwise provided
for, as determined by the Secretary.
For Budget, Planning and Evaluation, and Public Participation,
$3,196,000; for Operations and Finance, Personnel, Equal Opportunity,
Safety and Health Management and Management Analysis, $8,455,000; for
Governmental and Public Affairs, including the dissemination of
agricultural information and the coordination of informational work and
programs authorized by Congress in the Department, $7,772,000; making a
total of $19,423,000 for Departmental Administration to provide for
necessary expenses for management support services to offices of the
Department of Agriculture and for general administration of the
Department of Agriculture, repairs and alterations, and other
miscellaneous supplies and expenses not otherwise provided for and
necessary for the practical and efficient work of the Department of
Agriculture, of which not to exceed $10,000 is for employment under 5
U.S.C. 3109, and, not to exceed $2,340,000 may be used for farmers'
bulletins and not less than two hundred thirty-two thousand two hundred
and fifty copies for the use of the Senate and House of Representatives
of part 2 of the annual report of the Secretary (known as the Yearbook
of Agriculture) as authorized by 44 U.S.C. 1301: Provided, That in the
preparation of motion pictures or exhibits by the Department, this
appropriation shall be available for employment pursuant to the second
sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225):
Provided further, That no part of this or any other appropriation
contained in this Act may be used to reimburse the General Services
Administration in excess of $750,000 for publications distributed by the
Consumer Information Center.
For necessary expenses of the Office of the Inspector General,
including employment pursuant to the second sentence of section 706(a)
of the Organic Act of 1944 (7 U.S.C. 2225), $25,527,000, including such
sums as may be necessary for contracting and other arrangements with
public agencies and private persons pursuant to section 6(a)(8) of the
Inspector General Act of 1978 (Public Law 95 - 452), // 5 USC App. I.
// and including a sum not to exceed $50,000 for employment under 5 U.
S.C. 3109; and in addition, $8,924,000 shall be derived by transfer
from the appropriation, " Food Stamp Program" and merged with this
appropriation.
For necessary expenses, including payment of fees or dues for the use
of law libraries by attorneys in the field service, $11,000,000.
For necessary expenses to carry out the provisions of the United
States Grain Standards Act, // 7 USC 71. // as amended, and the
standardization activities related to grain under the Agricultural
Marketing Act of 1946, // 7 USC 1621 // as amended, including field
employment pursuant to section 706(a) of the Organic Act of 1944 (7 U.
S.C. 2225), and not to exceed $50,000 for employment under 5 U.S.C.
3109, $23,122,000: Provided, That this appropriation shall be available
pursuant to law (7 U.S.C. 2250) for the alteration and repair of
buildings and improvements, but, unless otherwise provided, the cost of
altering any one building during the fiscal year shall not exceed 10 per
centum of the current replacement value of the building: Provided
further, That none of the funds provided by this Act may be used to pay
the salaries of any person or persons who require non-export,
non-terminal interior elevators to maintain records not involving
official inspection or official weighing in the United States under
Public Law 94 - 582 // 7 USC 71 // other than those necessary to fulfill
the purposes of such Act.
For necessary expenses to enable Agricultural Research to perform
agricultural research and demonstration relating to production,
utilization, marketing, and distribution (not otherwise provided for),
home economics or nutrition and consumer use, and for acquisition of
lands by donation, exchange, or purchase at a nominal cost not to exceed
$100, except that the foregoing limitation shall not apply to the
acquisition of lands for the research laboratory at Weslaco, Texas,
$370,573,000: Provided, That appropriations hereunder shall be
available for field employment pursuant to the second sentence of
section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to
exceed $115,000 shall be available for employment under 5 U.S.C. 3109:
Provided further, That appropriations hereunder shall be available for
the operation and maintenance of aircraft and the purchase of not to
exceed one for replacement only: Provided further, That of the
appropriations hereunder, not less than $10,526,600 shall be available
to conduct marketing research: Provided further, That appropriations
hereunder shall be available pursuant to 7 U.S.C. 2250 // 7 USC 2254.
// for the construction, alteration, and repair of buildings and
improvements, but, unless otherwise provided, the cost of constructing
any one building (except headhouses connecting greenhouses) shall not
exceed $80,000, except for ten buildings to be constructed or improved
at a cost not to exceed $150,000 each, and the cost of altering any one
building during the fiscal year shall not exceed 10 per centum of the
current replacement value of the building: Provided further, That the
limitations on construction contained in this Act shall not apply to the
establishment of a fruit and nut germ plasm repository at Davis,
California, construction of a greenhouse/headhouse at Stillwater,
Oklahoma, construction of a feedmill at El Reno, Oklahoma, and the
construction of a greenhouse/headhouse at Fargo, North Dakota: Provided
further, That the limitations on alterations contained in this Act shall
not apply to a total of $100,000 for facilities at Beltsville, Maryland:
Provided further, That the foregoing limitations shall not apply to
replacement of buildings needed to carry out the Act of April 24, 1948
(21 U.S.C. 113a).
Special fund: To provide for additional labor, subprofessional, and
junior scientific help to be employed under contracts and cooperative
agreements to strengthen the work at Federal research installations in
the field, not more than $2,000,000 of the amount appropriated under the
" Agricultural Research Service" heading for the previous fiscal year
may be used by the director, Agricultural Research in departmental
research programs in the current fiscal year, the amount so used to be
transferred to and merged with the appropriation otherwise available
under " Agricultural Research".
CURRENCY
PROGRAM)
For payments in foreign currencies owed to or owned by the United
States for market development research authorized by section 104(b)(1)
and for agricultural and forestry research and other functions related
thereto authorized by section 104(b)(3) of the Agricultural Trade
Development and Assistance Act of 1954, as amended (7 U.S.C. 1704(b)
(1), (3)), $5,750,000: Provided, That this appropriation shall be
available, in addition to other appropriations for these purposes, for
payments in the foregoing currencies: Provided further, That funds
appropriated herein shall be used for payments in such foreign
currencies as the Department determines are needed, and can be used most
effectively to carry out the purposes of this paragraph: Provided
further, That not to exceed $25,000 of this appropriation shall be
available for payments in foreign currencies for expenses of employment
pursuant to the second sentence of section 706(a) of the Organic Act of
1944 (7 U.S.C. 2225), as amended by 5 U.S.C. 3109.
For payments to agricultural experiment stations, for cooperative
forestry and other research, for facilities, and for other expenses,
including $118,566,000 to carry into effect the provisions of the Hatch
Act, approved March 2, 1887, as amended by the Act approved August 11,
1955 (7 U.S.C. 361a-361i), and further amended by Public Law 92 - 318
approved June 23, 1972, and further amended by Public Law 93 - 471
approved October 26, 1974, including administration by the United States
Department of Agriculture, and penalty mail costs of agricultural
experiment stations under section 6 of the Hatch Act of 1887, as
amended; $10,000,000 for grants for cooperative forestry research under
the Act approved October 10, 1962 (16 U.S.C. 582a--, 582a-7), // 20 USC
1001 // as amended by Public Law 92 - 318 approved June 23, 1972,
including administrative expenses; $17,785,000 for payments to the 1890
land-grant colleges, including Tuskegee Institute, for research under
section 1445 of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (Public Law 95 - 113), // 7 USC 3222. // as
amended, including administration by the United States Department of
Agriculture, and penalty mail costs of the 1890 land-grant colleges,
including Tuskegee Institute; $1,500,000 for Rural Development Research
as authorized under the Rural Development Act of 1972, as amended (7
U.S.C. 2661 - 2668), including administrative expenses; $32,548,000 for
contracts and grants for agricultural research under the Act of August
4, 1965, as amended (7 U. S.C. 450i), of which $16,548,000 is for
special research grants, and $16,000,000 is for competitive research
grants, including administrative expenses; $500,000 for grants in
accordance with section 1419 of Public Law 95 - 113; // 7 USC 3154. //
$650,000 for research authorized by the Native Latex Commercialization
and Economic Development Act of 1978; // 7 USC 178 // $6,000,000 for
the support of animal health and disease programs authorized by section
1433 of Public Law 95 - 113; // 7 USC 3195. // including
administrative expenses; and $1,496,000 for necessary expenses of
Cooperative Research activities, including administration of payments to
State agricultural experiment stations, funds for employment pursuant to
the second sentence of section 706(a) of the Organic Act of 1944 (7
U.S.C. 2225), and not to exceed $50,000 for employment under 5 U.S.C.
3109; in all, $189,045,000.
Payments to States, Puerto Rico, Guam, and the Virgin Islands: For
payments for cooperative agricultural extension work under the
Smith-Lever Act, as amended by the Act of June 26, 1953, the Act of
August 11, 1955, the Act of October 5, 1962 (7 U.S.C. 341 - 349),
section 506 of the Act of June 23, 1972, and the Act of September 29,
1977 (7 U.S.C. 341 - 349), to be distributed under sections 3(b) and 3(
c) of the Act, for retirement and employees' compensation costs for
extension agents, and for costs of penalty mail for cooperative
extension agents and State extension directors, $189,331,000; payments
for the nutrition and family education program for low-income areas
under section 3(d) of the Act, $51,810,000; payments for the urban
gardening programs under section 3(d) of the Act, $3,000,000; payments
for the pest management program under section 3(d) of the Act,
$6,435,000; payments for the farm safety program under section 3(d) of
the Act, $1,020,000; payments for the pesticide impact assessment
program under section 3(d) of the Act, $1,735,000; payments for the
energy demonstration program under section 3(d) of the Act, $300,000;
payments for extension work under section 209(c) of Public Law 93 - 471,
$910,000; $2,500,000 for Rural Development Education as authorized
under the Rural Development Act of 1972 (7 U.S.C. 2661 - 2668);
payments for extension work by the colleges receiving the benefits of
the second Morrill Act (7 U.S.C. 321 - 326, 328) and Tuskegee Institute
under section 1444 of the National Agricultural Research, Extension and
Teaching Policy Act of 1977 (Public Law 95 - 113), $10,453,000; and for
carrying out the provisions of section 22 of the Act of June 29, 1935,
as amended (7 U.S.C. 329), $11,500,000; in all, $278,994,000, of which
not less than $78,600,000 is for Home Economics: Provided, That funds
hereby appropriated pursuant to section 3(c) of the Act of June 26,
1953, and section 506 of the Act of June 23, 1972, // 86 Stat. 350. //
as amended, shall not be paid to any State, Puerto Rico, Guam, or the
Virgin Islands prior to availability of an equal sum from non-Federal
sources for expenditure during the current fiscal year.
Federal administration and coordination: For administration of the
Smith-Lever Act, as amended by the Act of June 26, 1953, the Act of
August 11, 1955, the Act of October 5, 1962, section 506 of the Act of
June 23, 1972, section 209(d) of Public Law 93 - 471, and the Act of
September 29, 1977 (7 U.S.C. 341 - 349), // 7 USC 1281 // and to
coordinate and provide program leadership for the extension work of the
Department and the several States and insular possessions, $6,543,000,
of which not less than $2,100,000 is for Home Economics.
For necessary expenses of the Technical Information Systems,
$7,835,000: Provided, That this appropriation shall be available for
employment pursuant to the second sentence of section 706(a) of the
Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $35,000 shall be
available for employment under 5 U.S.C. 3109: Provided further, That
not to exceed $100,000 shall be available pursuant to 7 U.S.C. 2250 for
the alteration and repair of buildings and improvements.
For expenses, not otherwise provided for, including those pursuant to
the Act of February 28, 1947, as amended (21 U.S.C. 114b-c) necessary to
prevent, control, and eradicate pests and plant and animal diseases; to
carry out inspection, quarantine, and regulatory activities; and to
protect the environment, as authorized by law, $245,631,000, of which
$2,500,000 shall be available for the control of outbreaks of insects,
plant diseases and animal diseases to the extent necessary to meet
emergency conditions and $2,544,000 may be for repayment to the
Commodity Credit Corporation of advances (and interest thereon) made in
accordance with authorities contained in the provisions of the
appropriation items for the Animal and Plant Health Inspection Service
in the Agriculture and Related Agencies Appropriation Act, 1978: // 91
Stat. 810. // Provided, That $1,000,000 of the funds for control of the
fire ant shall be placed in reserve for matching purposes with States
which may come into the program: Provided further, That no funds shall
be used to formulate or administer a brucellosis eradication program for
the current fiscal year that does not require minimum matching by the
States of at least 40 per centum: Provided further, That this
appropriation shall be available for field employment pursuant to the
second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C.
2225), and not to exceed $40,000 shall be available for employment under
5 U.S.C. 3109: Provided further, That this appropriation shall be
available for the operation and maintenance of aircraft and the purchase
of not to exceed four, of which two shall be for replacement only:
Provided further, That this appropriation shall be available pursuant to
7 U.S.C. 2250 for the construction, alteration, and repair of buildings
and improvements, but, unless otherwise provided, the cost of
constructing any one building shall not exceed $82,000, except for four
buildings to be constructed or improved at a cost of not to exceed
$160,000 each, and the cost of altering any one building during the
fiscal year shall not exceed 10 per centum of the current replacement
value of the building: Provided further, That $900,000 shall be
available for plans, construction, and improvement of facilities at
Mission, Texas, without regard to limitations contained herein:
Provided further, That this appropriation shall be available for
acquisition of lands by donation, exchange, or purchase at a nominal
cost not to exceed $100: Provided further, That, in addition, in
emergencies which threaten the livestock or poultry industries of the
country, the Secretary may transfer from other appropriations or funds
available to the agencies or corporations of the Department such sums as
he may deem necessary, to be available only in such emergencies for the
arrest and eradication of foot-and-mouth disease, rinderpest, contagious
pleuropneumonia, or other contagious or infectious diseases of animals,
or European fowl pest and similar diseases in poultry, and for expenses
in accordance with the Act of February 28, 1947, // 21 USC 114b. // as
amended, and any unexpended balances of funds transferred for such
emergency purposes in the next preceding fiscal year shall be merged
with such transferred amounts.
For necessary expenses to carry on services related to consumer
protection and agricultural marketing and distribution, $278,430,000:
Provided, That this appropriation shall be available for field
employment pursuant to section 706(a) of the Organic Act of 1944 (7 U.
S.C. 2225), and not to exceed $75,000 shall be available for employment
under 5 U.S.C. 3109: Provided further, That this appropriation shall be
available pursuant to law (7 U.S.C. 2250) for the construction,
alteration, and repair of buildings and improvements, but, unless
otherwise provided, the cost of constructing any one building shall not
exceed $77,000, except for two buildings to be constructed or improved
at a cost not to exceed $150,000, and the cost of altering any one
building during the fiscal year shall not exceed 10 per centum of the
current replacement value of the building: Provided further, That this
appropriation shall be available for acquisition of lands by donation,
exchange, or purchase at a nominal cost not to exceed $100.
(SECTION
32)
Funds available under section 32 of the Act of August 24, 1935 (7 U.
S.C. 612c) shall be used only for commodity program expenses as
authorized therein, and other related operating expenses, except for (1)
transfers to the Department of Commerce as authorized by the Fish and
Wildlife Act of August 8, 1956; // 16 USC 742a // (2) transfers
otherwise provided in this Act; and (3) not more than $4,858,000 for
formulation and administration of marketing agreements and orders
pursuant to the Agricultural Marketing Agreement Act of 1937, // 7 USC
601 // as amended, and the Agricultural Act of 1961. // 7 USC 1911 //
For necessary expenses of the Economics, Statistics, and Cooperatives
Service to carry out the Act of July 2, 1926 (7 U.S.C. 451 - 457), and
as authorized by the Agricultural Marketing Act of 1946 (7 U.S.C. 1621 -
1627), and other laws, in conducting: statistical reporting and service
work, including crop and livestock estimates, statistical coordination
and improvements, and marketing surveys; research relating to the
economic and marketing aspects of farmer cooperatives; economic
research and service relating to agricultural production, marketing, and
distribution, including economics of marketing; analyses relating to
farm prices, income and population, and demand for farm products, use of
resources in agriculture, adjustments, cost and returns in farming, and
farm finance; and for analyses of supply and demand for farm products
in foreign countries and their effect on prospects for United States
exports, progress in economic development and its relation to sales of
farm products, assembly and analysis of agricultural trade statistics
and analysis of international financial and monetary programs and
policies as they affect the competitive position of United States farm
products; $86,070,000, of which not less than $200,000 shall be
available for investigation, determination and finding as to the effect
upon the production of food and upon the agricultural economy of any
proposed action affecting such subject matter pending before the
Administrator of the Environmental Protection Agency for presentation,
in the public interest, before said administrator, other agencies or
before the Courts: Provided, That not less than $350,000 of the funds
contained in this appropriation shall be available to continue to gather
statistics and conduct a special study on the price spread between the
farmer and consumer: Provided further, That not less than $145,000 of
the funds contained in this appropriation shall be available for
analysis of statistics and related facts on foreign production and full
and complete information on methods used by other countries to move farm
commodities in world trade on a competitive basis: Provided further,
That no part of the funds herein appropriated shall be available for any
expense incident to publishing estimates of apple production for other
than the commercial crop: Provided further, That this appropriation
shall be available for employment pursuant to the second sentence of
section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to
exceed $140,000 shall be available for employment under 5 U.S.C. 3109.
Board
For necessary expenses of the World Food and Agricultural Outlook and
Situation Board to coordinate and review all commodity and aggregate
agricultural and food data used to develop outlook and situation
material within the Department of Agriculture, as authorized by the
Agricultural Marketing Act of 1946 (7 U.S.C. 1622g), // 7 USC 1622. //
$1,045,000: Provided, That this appropriation shall be available for
employment pursuant to the second sentence of section 706(a) of the
Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $75,000 shall be
available for employment under 5 U.S.C. 3109.
For necessary expenses to carry on services related to agricultural
marketing and distribution and regulatory programs as authorized by law,
and for administration and coordination of payments to States;
including field employment pursuant to section 706(a) of the Organic Act
of 1944 (7 U.S.C. 2225), and not to exceed $75,000 for employment under
5 U.S.C. 3109, $47,643,000; of which not less than $2,057,000 shall be
available for the Wholesale Market Development Program: Provided, That
this appropriation shall be available pursuant to law (7 U.S.C. 2250)
for the alteration and repair of buildings and improvements, but, unless
otherwise provided, the cost of altering any one building during the
fiscal year shall not exceed $7,500 or 7.5 per centum of the cost of the
building, whichever is greater.
For payments to departments of agriculture, bureaus and departments
of markets, and similar agencies for marketing activities under section
204(b) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1623(b)),
$1,600,000.
For necessary administrative expenses of the Agricultural
Stabilization and Conservation Service, including expenses to formulate
and carry out programs authorized by title III of the Agricultural
Adjustment Act of 1938, as amended (7 U.S.C. 1301 - 1393); the
Agricultural Act of 1949, as amended (7 U.S.C. 1421 et seq.); sections
7 to 15, 16(a), 16(b), 16(d), 16(e), 16(f), 16(i), and 17 of the Soil
Conservation and Domestic Allotment Act, as amended and supplemented (16
U.S.C. 590g-590q); sections 1001 to 1008 and 1010 of the Agricultural
Act of 1970 as added by the Agriculture and Consumer Protection Act of
1973 (16 U.S.C. 1501 to 1508 and 1510); the Water Bank Act (16 U.S.C.
1301 - 1311); the Cooperative Forestry Assistance Act of 1978 (16
U.S.C. 2101); sections 401, 402, and 404 to 406 of the Agricultural
Credit Act of 1978 (16 U.S.C. 2201 to 2205); and laws pertaining to the
Commodity Credit Corporation, $186,586,000: Provided, That, in
addition, not to exceed $152,389,000 may be transferred to and merged
with this appropriation from the Commodity Credit Corporation fund
(including not to exceed $43,228,000 under the limitation on Commodity
Credit Corporation administrative expenses for a total of $338,975,000):
Provided further, That other funds made available to the Agricultural
Stabilization and Conservation Service for authorized activities may be
advanced to and merged with this appropriation: Provided further, That
this appropriation shall be available for employment pursuant to the
second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C.
2225), and not to exceed $100,000 shall be available for employment
under 5 U.S.C. 3109: Provided further, That no part of the funds
appropriated or made available under this Act shall be used (1) to
influence the vote in any referendum; (2) to influence agricultural
legislation, except as permitted in 18 U.S.C. 1913; or (3) for
salaries or other expenses of members of county and community committees
established pursuant to section 8(b) of the Soil Conservation and
Domestic Allotment Act, // 16 USC 590b. // as amended, for engaging in
any activities other than advisory and supervisory duties and delegated
program functions prescribed in administrative regulations.
For necessary expenses involved in making indemnity payments to dairy
farmers for milk or cows producing such milk and manufacturers of dairy
products who have been directed to remove their milk or dairy products
from commercial markets because it contained residues of chemicals
registered and approved for use by the Federal Government, and in making
indemnity payments for milk, or cows producing such milk, at a fair
market value to any dairy farmer who is directed to remove his milk from
commercial markets because of (1) the presence of products of nuclear
radiation or fallout if such contamination is not due to the fault of
the farmer, or (2) residues of chemicals or toxic substances not
included under the first sentence of the Act of August 13, 1968, as
amended (7 U.S.C. 450j), if such chemicals or toxic substances were not
used in a manner contrary to applicable regulations or labeling
instructions provided at the time of use and the contamination is not
due to the fault of the farmer, and to beekeepers who through no fault
of their own have suffered losses as a result of the use of economic
poisons which had been registered and approved for use by the Federal
Government, $3,290,000: Provided, That none of the funds contained in
this Act shall be used to make indemnity payments to any farmer whose
milk was removed from commercial markets as a result of his willful
failure to follow procedures prescribed by the Federal Government.
The following corporations and agencies are hereby authorized to make
such expenditures, within the limits of funds and borrowing authority
available to each such corporation or agency and in accord with law, and
to make such contracts and commitments without regard to fiscal year
limitations as provided by section 104 of the Government Corporation
Control Act, // 31 USC 849. // as amended, as may be necessary in
carrying out the programs set forth in the budget for the current fiscal
year for such corporation or agency, except as hereinafter provided:
For administrative and operating expenses, $12,000,000.
Not to exceed $16,500,000 of administrative and operating expenses
may be paid from premium income.
To reimburse the Commodity Credit Corporation for net realized losses
sustained in prior years, but not previously reimbursed, pursuant to the
Act of August 17, 1961 (15 U.S.C. 713a-11, 713a-12), $3,056,189,000.
Not to exceed $50,700,000 shall be available for administrative
expenses of the Commodity Credit Corporation: Provided, That this
authorization shall be available to support the Office of the General
Sales Manager which shall work to expand and strengthen sales of U.S.
commodities in world markets (including those of the Corporation)
pursuant to existing authority (including that contained in the
Corporation's charter), and that such funds shall be used by the General
Sales Manager to carry out the above activities. The General Sales
Manager shall report directly to the Board of Directors of the
Corporation of which the Secretary of Agriculture is a member. The
General Sales Manager shall obtain, assimilate, and analyze all
available information on developments related to private sales, as well
as those funded by the Corporation, including grade and quality as sold
and as delivered and shall submit quarterly reports to the appropriate
committees of Congress concerning such developments: Provided further,
That none of the funds in this Act may be used to carry out an Export
Credit Sales program in excess of $2,200,000,000 in fiscal year 1980:
Provided further, That not less than 7 per centum of this authorization
shall be placed in reserve to be apportioned pursuant to section 3679 of
the Revised Statutes, // 31 USC 665. // as amended, for use only in
such amounts and at such times as may become necessary to carry out
program operations: Provided further, That all necessary expenses
(including legal and special services performed on a contract or fee
basis, but not including other personal services) in connection with the
acquisition, operation, maintenance, improvement, or disposition of any
real or personal property belonging to the Corporation or in which it
has an interest, including expenses of collections of pledged
collateral, shall be considered as nonadministrative expenses for the
purposes hereof: Provided further, That none of the funds in the Act
may be used to carry out a program of loan guarantees by the Corporation
for production and marketing of industrial hydrocarbons and alcohols
from agricultural commodities and forest products in excess of
$500,000,000.
For direct loans and related advances pursuant to section 517(m) of
the Housing Act of 1949, // 42 USC 1487. // as amended, $24,000,000
shall be available from funds in the rural housing insurance fund, and
for insured loans as authorized by title V of the Housing Act of 1949,
// 42 USC 1471. // as amended, $3,979,000,000, of which not less than
$3,070,000,000 shall be available for subsidized interest loans to
low-income borrowers as determined by the Secretary; and not to exceed
$5,000,000 for advances as authorized by section 501(e) of such Act //
42 USC 1471. // and not to exceed $5,000,000 for compensation of
construction defects as authorized by section 509(c) of such Act: // 42
USC 1479. // Provided, That unsubsidized interest guaranteed loans of
not to exceed $500,000,000 shall be in addition to these amounts.
During fiscal year 1980, no more than 20,000 units may be assisted
under rental assistance agreements entered into during the year pursuant
to authority under section 521(a)(2) of the Housing Act of 1949, // 42
USC 1490a. // as amended, and the total obligation incurred over the
life of these agreements shall not exceed $393,000,000 to be added to
and merged with the authority provided for this purpose in prior fiscal
years.
For an additional amount to reimburse the rural housing insurance
fund for interest subsidies and losses sustained in prior years, but not
previously reimbursed, in carrying out the provisions of title V of the
Housing Act of 1949, as amended (42 U.S.C. 1483, 1487e, and 1490a( c)),
including $22,663,000 as authorized by section 521(c) of the Act,
$320,209,000, and for an additional amount as authorized by section
521(c) of the Act as may be necessary to reimburse the fund to carry out
a rental assistance program under section 521(a)(2) of the Housing Act
of 1949, as amended.
For an additional amount to reimburse the agricultural credit
insurance fund for interest subsidies and losses sustained in prior
years, but not previously reimbursed, in carrying out the provisions of
the Consolidated Farm and Rural Development Act, as amended (7 U.S.C.
1988(a)), $272,809,000.
Loans may be insured, or made to be sold and insured, under this fund
in accordance with and subject to the provisions of 7 U.S.C. 1928 -
1929, or guaranteed, as follows: real estate loans, $949,600,000,
including not less than $870,000,000 for farm ownership loans of which
$50,000,000 shall be guaranteed loans; and not less than $60,500,000
for water development, use, and conservation loans of which $6,000,000
shall be guaranteed loans; operating loans, $875,000,000 of which
$25,000,000 shall be guaranteed loans; and emergency insured and
guaranteed loans in amounts necessary to meet the needs resulting from
natural disasters.
For an additional amount to reimburse the rural development insurance
fund for interest subsidies and losses sustained in prior years, but not
previously reimbursed, in carrying out the provisions of the
Consolidated Farm and Rural Development Act, as amended (7 U.S.C.
1988(a)), $91,874,000.
For loans to be insured, or made to be sold and insured, under this
fund in accordance with and subject to the provisions of 7 U.S.C. 1928
and 86 Stat. 661 - 664, // 7 USC 1929a, 1931 - 1933. // as follows:
insured water and sewer facility loans, $700,000,000; industrial
development loans, $1,100,000,000 of which $10,000,000 shall be for
insured loans and $1,090,000,000 shall be for guaranteed loans; and
insured community facility loans, $250,000,000.
For grants pursuant to sections 306(a)(2) and 306(a)(6) of the
Consolidated Farm and Rural Development Act, as amended (7 U.S.C.
1926), $300,000,000, to remain available until expended, pursuant to
section 306(d) of the above Act.
For grants to the elderly pursuant to section 504 of the Housing Act
of 1949, // 42 USC 1474. // as amended, $24,000,000.
For financial assistance to eligible nonprofit organizations for
housing for domestic farm labor, pursuant to section 516 of the Housing
Act of 1949, as amended (42 U.S.C. 1486), $25,000,000.
For grants and contracts pursuant to section 523(b)(1)(A) of the
Housing Act of 1949 (42 U.S.C. 1490c), $5,000,000.
For grants pursuant to section 7 of the Cooperative Forestry
Assistance Act of 1978 (P.L. 95 - 313), // 92 Stat. 370. 16 USC 210b.
// $3,500,000 to fund up to 50 per centum of the cost of organizing,
training, and equipment for rural volunteer fire departments.
For rural development planning grants pursuant to section 306(a)(11)
of the Consolidated Farm and Rural Development Act, as amended (7 U.S.
C. 1926(a)(11)), $7,000,000.
For grants pursuant to section 525(a) of the Housing Act of 1949, as
amended (42 U.S.C. 1490(e)), $1,500,000.
For grants pursuant to section 310 B(c) of the Consolidated Farm and
Rural Development Act, as amended (7 U.S.C. 1932), $10,000,000.
For necessary expenses of the Farmers Home Administration, not
otherwise provided for, in administering the programs authorized by the
Consolidated Farm and Rural Development Act (7 U.S.C. 1921 - 1995), as
amended; title V of the Housing Act of 1949, as amended (42 U.S.C.
1471 - 1490h); the Rural Rehabilitation Corporation Trust Liquidation
Act, approved May 3, 1950 (40 U.S.C. 440 - 444), for administering the
loan program authorized by title IIIA of the Economic Opportunity Act of
1964 (Public Law 88 - 452, // 42 USC 2841. // approved August 20,
1964), as amended, and such other programs for which Farmers Home
Administration has the responsibility for administering, $230,518,000,
including $1,693,000 for the coordination of rural development
activities as authorized by section 603 of the Rural Development Act of
1972, // 86 Stat. 875. // together with not more than $3,000,000 of the
charges collected in connection with the insurance of loans as
authorized by section 309(e) of the Consolidated Farm and Rural
Development Act, // 7 USC 1929. // as amended, and section 517(i) of
the Housing Act of 1949, // 42 USC 1487. // as amended, or in
connection with charges made on borrowers under section 502(a) of the
Housing Act of 1949, // 42 USC 1472. // as amended: Provided, That, in
addition, not to exceed $500,000 of the funds available for the various
programs administered by this agency may be transferred to this
appropriation for temporary field employment pursuant to the second
sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225),
to meet unusual or heavy workload increases: Provided further, That not
to exceed $1,000,000 of this appropriation may be used for employment
under 5 U.S.C. 3109.
To carry into effect the provisions of the Rural Electrification Act
of 1936, as amended (7 U.S.C. 901 - 950(b)), as follows:
LOAN
AUTHORIZATIONS
Insured loans pursuant to the authority of section 305 of the Rural
Electrification Act of 1936, as amended (7 U.S.C. 935), shall be made as
follows: rural electrification loans, not less than $850,000,000, nor
more than $1,000,000,000, and rural telephone loans, not less than
$250,000,000, to remain available until expended: Provided, That loans
made pursuant to section 306 of that Act are in addition to these
amounts.
For the purchase of Class A stock of the Rural Telephone Bank,
$30,000,000, to remain available until expended (7 U.S.C. 901 - 950(
b)).
The Rural Telephone Bank is hereby authorized to make such
expenditures, within the limits of funds and borrowing authority
available to such corporation in accord with law, and to make such
contracts and commitments without regard to fiscal year limitations as
provided by section 104 of the Government Corporation Control Act, // 31
USC 849. // as amended, as may be necessary in carrying out its
authorized programs for the current fiscal year.
For administrative expenses to carry out the provisions of the Rural
Electrification Act of 1936, as amended (7 U.S.C. 901 - 950(b)),
including not to exceed $500 for financial and credit reports, funds for
employment pursuant to the second sentence of section 706(a) of the
Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $150,000 for
employment under 5 U.S.C. 3109, $26,045,000.
For necessary expenses for carrying out the provisions of the Act of
April 27, 1935 (16 U.S.C. 590a-590f), including preparation of
conservation plans and establishment of measures to conserve soil and
water (including farm irrigation and land drainage and such special
measures for soil and water management as may be necessary to prevent
floods and the siltation of reservoirs and to control agricultural
related pollutants); operation of conservation plant material centers;
classification and mapping of soil; dissemination of information;
purchase and erection or alteration of permanent buildings; and
operation and maintenance of aircraft, $264,747,000: Provided, That the
cost of any permanent building purchased, erected, or as improved,
exclusive of the cost of constructing a water supply or sanitary system
and connecting the same to any such building and with the exception of
buildings acquired in conjunction with land being purchased for other
purposes, shall not exceed $5,000, except for one building to be
constructed at a cost not to exceed $50,000 and eight buildings to be
constructed or improved at a cost not to exceed $30,000 per building and
except that alterations or improvements to other existing permanent
buildings costing $5,000 or more may be made in any fiscal year in an
amount not to exceed $1,000 per building: Provided further, That no
part of this appropriation shall be available for the construction of
any such building on land not owned by the Government: Provided
further, That no part of this appropriation may be expended for soil and
water conservation operations under the Act of April 27, 1935 (16 U.S.C.
590a-590f) in demonstration projects: Provided further, That this
appropriation shall be available for field employment pursuant to the
second sentence of section 706(a) of the Organic Act of 1944 (7 U. S.C.
2225) and not to exceed $25,000 shall be available for employment under
5 U.S.C. 3109: Provided further, That qualified local engineers may be
temporarily employed at per diem rates to perform the technical planning
work of the Service.
For necessary expenses to conduct research, investigations, and
surveys of the watersheds of rivers and other waterways, in accordance
with section 6 of the Watershed Protection and Flood Prevention Act,
approved August 4, 1954, as amended (16 U.S.C. 1006 - 1009),
$16,487,000: Provided, That this appropriation shall be available for
field employment pursuant to the second sentence of section 706(a) of
the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $60,000 shall
be available for employment under 5 U.S.C. 3109.
For necessary expenses for small watershed investigations and
planning, in accordance with the Watershed Protection and Flood
Prevention Act, as amended (16 U.S.C. 1001 - 1008), $10,500,000:
Provided, That this appropriation shall be available for field
employment pursuant to the second sentence of section 706(a) of the
Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $50,000 shall be
available for employment under 5 U.S.C. 3109.
For necessary expenses to carry out preventive measures, including
but not limited to research, engineering operations, methods of
cultivation, the growing of vegetation, and changes in use of land, in
accordance with the Watershed Protection and Flood Prevention Act,
approved August 4, 1954, as amended (16 U.S.C. 1001 - 1005, 1007 -
1009), the provisions of the Act of April 27, 1935 (16 U.S.C. 590a-f),
and in accordance with the provisions of laws relating to the activities
of the Department, $167,524,000 (of which $18,500,000 shall be available
for the watersheds authorized under the Flood Control Act, // 33 USC
701a. // approved June 22, 1936 (33 U.S.C. 701, 16 U.S.C. 1006a), as
amended and supplemented): Provided, That this appropriation shall be
available for field employment pursuant to the second sentence of
section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to
exceed $10,000,000 shall be available for emergency measures as provided
by sections 403 - 405 of the Agricultural Credit Act of 1978 (16 U.S.C.
2203 - 2205) and not to exceed $200,000 shall be available for
employment under 5 U.S.C. 3109: Provided further, That $26,000,000 in
loans may be insured, or made to be sold and insured, under the
Agricultural Credit Insurance Fund of the Farmers Home Administration
(86 Stat. 663): // 7 USC 1929a. // Provided further, That not to
exceed $1,000,000 of this appropriation is available to carry out the
purposes of the Endangered Species Act of 1973 (Public Law 93 - 205), //
16 USC 1531 // as amended, including cooperative efforts as contemplated
by that Act to relocate endangered or threatened species to other
suitable habitats as may be necessary to expedite project construction.
For necessary expenses in planning and carrying out projects for
resource conservation and development and for sound land use, pursuant
to the provisions of section 32(e) of title III of the Bankhead-Jones
Farm Tenant Act, as amended (7 U.S.C. 1010 - 1011; 76 Stat. 607), and
the provisions of the Act of April 27, 1935 (16 U.S.C. 590a-f),
$32,000,000, of which $390,000 shall be for the authorization of 6 new
areas: Provided, That $4,000,000 in loans may be insured, or made to be
sold and insured, under the Agricultural Credit Insurance Fund of the
Farmers Home Administration (86 Stat. 663): // 7 USC 1929a. //
Provided further, That this appropriation shall be available for field
employment pursuant to the second sentence of section 706(a) of the
Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $50,000 shall be
available for employment under 5 U.S.C. 3109.
For necessary expenses to carry into effect a program of conservation
in the Great Plains area, pursuant to section 16(b) of the Soil
Conservation and Domestic Allotment Act, as added by the Act of August
7, 1956, as amended (16 U.S.C. 590p(b)), $18,689,000, to remain
available until expended.
For necessary expenses for carrying out an experimental Rural Clean
Water Program, $50,000,000, to remain available until expended and to be
targeted at areas with identified and significant agricultural nonpoint
source water pollution problems to be selected by the Secretary:
Provided, That practices under the above program shall be recommended by
the County Committees, approved by the State Committees and the
Secretary, with the concurrence of the Administrator of the
Environmental Protection Agency, or recommended by the Secretary, with
the concurrence of the Administrator of the Environmental Protection
Agency, and approved by the State Committees and the County Committees:
Provided further, That such program shall be in addition to the regular
Agricultural Conservation Program, and coordinated therewith, with the
Soil Conservation Service and others providing technical assistance and
the Agricultural Stabilization and Conservation Service providing
administrative services for the program, including, but not limited to,
the negotiation and administration of contracts and the disbursement of
payments: Provided further, That such funds as may be required shall be
transferred to the Soil Conservation Service, or others, for necessary
technical assistance.
For necessary expenses to carry into effect the program authorized in
sections 7 to 15, 16(a), and 17 of the Soil Conservation and Domestic
Allotment Act, approved February 29, 1936, as amended and supplemented
(16 U.S.C. 590g-590o, 590p(a), (b), and 590q), and sections 1001 - 1008,
and 1010 of the Agricultural Act of 1970, as added by the Agriculture
and Consumer Protection Act of 1973 (16 U.S.C. 1501 - 1508, and 1510),
and including not to exceed $15,000 for the preparation and display of
exhibits, including such displays at State, interstate, and
international fairs within the United States, $190,000,000 to remain
available until expended for agreements, excluding administration but
including technical assistance and related expenses, except that no
participant in the Agricultural Conservation Program shall receive more
than $3,500, except where the participants from two or more farms or
ranches join to carry out approved practices designed to conserve or
improve the agricultural resources of the community: Provided, That no
portion of the funds for the current year's program may be utilized to
provide financial or technical assistance for drainage on wetlands now
designated as Wetland Types 3 (III) through 20 (XX) in United States
Department of the Interior, Fish and Wildlife Circular 39, Wetlands of
the United States, 1956: Provided further, That such amounts shall be
available for the purchase of seeds, fertilizers, lime, trees, or any
other conservation material, or any soil-terracing services, and making
grants thereof to agricultural producers to aid them in carrying out
enduring conservation and environmental enhancement measures and
practices, as specified in section 1501 of Public Law 95 - 113 // 91
Stat. 1019. // (including those practices or programs which are deemed
essential to maintain soil productivity, prevent soil depletion, or
prevent increased cost of production, thus assuring a continuous supply
of food and fiber necessary for the maintenance of a strong and healthy
people and economy) as determined and recommended by the county
committees, approved by the State committees and the Secretary, under
programs provided for herein: Provided further, That such assistance
will not be used for carrying out measures and practices that are
primarily production-oriented or that have little or no conservation or
pollution abatement benefits: Provided further, That not to exceed 5
per centum of the allocation for the current year's program for any
county may, on the recommendation of such county committee and approval
of the State committee, be withheld and allotted to the Soil
Conservation Service for services of its technicians in formulating and
carrying out the Agricultural Conservation Program in the participating
counties, and shall not be utilized by the Soil Conservation Service for
any purpose other than technical and other assistance in such counties,
and in addition, on the recommendation of such county committee and
approval of the State committee, not to exceed 1 per centum may be made
available to any other Federal, State, or local public agency for the
same purpose and under the same conditions: Provided further, That for
the current year's program $2,500,000 shall be available for technical
assistance in formulating and carrying out rural environmental
practices: Provided further, That no part of any funds available to the
Department, or any bureau, office, corporation, or other agency
constituting a part of such Department, shall be used in the current
fiscal year for the payment of salary or travel expenses of any person
who has been convicted of violating the Act entitled " An Act to prevent
pernicious political activities", approved August 2, 1939, // 53 Stat.
1147. // as amended, or who has been found in accordance with the
provisions of title 18 U.S.C. 1913, to have violated or attempted to
violate such section which prohibits the use of Federal appropriations
for the payment of personal services or other expenses designed to
influence in any manner a Member of Congress to favor or oppose any
legislation or appropriation by Congress except upon request of any
Member or through the proper official channels.
For necessary expenses, not otherwise provided for, to carry out the
program of forestry incentives, as authorized in the Cooperative
Forestry Assistance Act of 1978 (16 U.S.C. 2101), including technical
assistance and related expenses, $15,000,000, to remain available until
expended, as authorized by that Act.
For necessary expenses to carry into effect the provisions of the
Water Bank Act (16 U.S.C. 1301 - 1311), $10,000,000, to remain available
until expended.
For necessary expenses to carry into effect the program authorized in
sections 401, 402, and 404 of title IV of the Agricultural Credit Act of
1978 (16 U.S.C. 2201 - 2205), $15,000,000, to remain available until
expended, as authorized by 16 U.S.C. 2204.
For necessary expenses to carry out the provisions of the National
School Lunch Act, as amended (42 U.S.C. 1751 - 1761, and 1766), and the
applicable provisions other than section 3 of the Child Nutrition Act of
1966, as amended (42 U.S.C. 1773 - 1785, and 1787); // 42 USC 1772. //
$3,114,301,000, of which $1,279,215,000 is hereby appropriated,
$4,000,000 shall be derived from prior-year unobligated balances and
$1,831,086,000 shall be derived by transfer from funds available under
section 32 of the Act of August 24, 1935 (7 U.S.C. 612c), including
$80,000,000 for purchase and distribution of agricultural commodities
and other foods pursuant to section 6 of the National School Lunch Act,
// 42 USC 1755. // as amended: Provided, That of the foregoing total
amount there shall be available $20,000,000 for the food service
equipment assistance program: Provided further, That funds provided
herein shall remain available until September 30, 1981, in accordance
with section 3 of the National School Lunch Act, // 42 USC 1752. // as
amended: Provided further, That only claims for reimbursement for meals
served during fiscal year 1980 submitted to State agencies prior to
January 1, 1981, shall be eligible for reimbursement: Provided further,
That funds appropriated for the purpose of section 7 of the Child
Nutrition Act of 1966, // 42 USC 1776. // as amended, shall be
allocated among the States but the distribution of such funds to an
individual State is contingent upon that State's agreement to
participate in studies and surveys of programs authorized under the
National School Lunch Act, as amended, and the Child Nutrition Act of
1966, // 42 USC 1751 // as amended, when such studies and surveys have
been directed by the Congress and requested by the Secretary of
Agriculture: Provided further, That if the Secretary of Agriculture
determines that a State's administration of any program under the
National School Lunch Act, as amended, or the Child Nutrition Act of
1966, as amended (other than section 17), or the regulations issued
pursuant to these Acts, // 42 USC 1766. // is seriously deficient, and
the State fails to correct the deficiency within a specified period of
time, the Secretary may withhold from the State some or all of the funds
allocated to the State under section 7 of the Child Nutrition Act of
1966, // 42 USC 1756. // as amended, and under section 13(k)(1) of the
National School Lunch Act, // 42 USC 1761. // as amended; upon a
subsequent determination by the Secretary that the programs are operated
in an acceptable manner some or all of the funds withheld may be
allocated: Provided further, That no part of the funds appropriated in
this Act for the summer food service program shall be available for
payments to service institutions other than to: (1) public service
institutions, (2) private nonprofit service institutions including
residential camps which use self-preparation facilities to prepare meals
or obtain meals from a public facility, such as a school district,
public hospital, or State university, (3) private nonprofit schools
including colleges and universities, (4) private nonprofit migrant
farmworker organizations including those that purchase meals from a food
service management company, (5) private nonprofit service institutions
which serve not more than 500 children daily at not more than three
sites and which purchase meals from a food service management company,
and (6) in areas where no service institutions delineated in items (1)
through (5) are available to operate the program, private nonprofit
service institutions which purchase meals from a food service management
company, determined by the Secretary of Agriculture to have a record of
reliable and honest community service in feeding programs.
For necessary expenses to carry out the provisions of the special
milk program, as authorized by section 3 of the Child Nutrition Act of
1966, as amended (42 U.S.C. 1772), $142,000,000, to remain available
until September 30, 1981.
For necessary expenses to carry out the provisions of the special
supplemental food program as authorized by section 17 of the Child
Nutrition Act of 1966, as amended (42 U.S.C. 1786), and the commodity
supplemental food program as authorized by section 4(a) of the
Agriculture and Consumer Protection Act of 1973, as amended (7 U.S.C.
612c (note)), $771,500,000, of which $757,700,000 is hereby appropriated
and $13,800,000 is to be derived from prior-year balances, to remain
available until September 30, 1981: Provided, That section 17(g) of the
Child Nutrition Act of 1966, // 42 USC 1786. // as amended, is hereby
amended by striking out the numeral "800,000,000" and inserting in lieu
thereof, "750,000,000".
For necessary expenses to carry out the provisions of the Food Stamp
Act, // 7 USC 2011 // $6,188,600,000: Provided, That funds provided
herein shall remain available until September 30, 1980, in accordance
with section 18(a) of the Food Stamp Act: // 7 USC 2027. // Provided
further, That up to 5 per centum of the foregoing amount may be placed
in reserve to be apportioned pursuant to section 3679 of the Revised
Statutes, // 31 USC 665. // as amended, for use only in such amounts
and at such times as may become necessary to carry out program
operations: Provided further, That no part of the funds appropriated by
this Act shall be used during the fiscal year ending September 30, 1980,
to make food stamps available to any household, to the extent that the
amount otherwise available to such household is attributable to an
individual who: (i) has reached his eighteenth birthday; (ii) is
enrolled in an institution of higher education; and (iii) is properly
claimed as a dependent child for Federal income tax purposes by a
taxpayer who is not a member of an eligible household: Provided
further, That funds provided herein shall be expended in accordance with
section 16 of the Food Stamp Act. // 7 USC 2025. //
For necessary expenses to carry out the provisions of section 4(a) of
the Agriculture and Consumer Protection Act of 1973, as amended (7
U.S.C. 612c (note)), and section 311 of the Older Americans Act of 1965,
// 42 USC 3030a. // $90,290,000.
For necessary administrative expenses of the Domestic Food Programs
funded under this Act, $82,000,000; of which $5,000,000 shall be
available only for simplifying procedures, reducing overhead costs,
tightening regulations, improving food stamp coupon handling, and
assistance in the prevention, identification and prosecution of fraud
and other violations of law: Provided, That this appropriation shall be
available for employment pursuant to the second sentence of section
706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed
$150,000 shall be available for employment under 5 U.S.C. 3109.
For necessary expenses for the Foreign Agricultural Service,
including carrying out title VI of the Agricultural Act of 1954 (7 U.S.
C. 1761 - 1768), market development activities abroad, and for enabling
the Secretary to coordinate and integrate activities of the Department
in connection with foreign agricultural work, including not to exceed
$55,000 for representation allowances and for expenses pursuant to
section 8 of the Act approved August 3, 1956 (7 U.S.C. 1766),
$56,427,000: Provided, That not less than $255,000 of the funds
contained in this appropriation shall be available to obtain statistics
and related facts on foreign production and full and complete
information on methods used by other countries to move farm commodities
in world trade on a competitive basis.
For necessary expenses of the Office of International Cooperation and
Development to coordinate, plan and direct activities involving
international development, technical assistance and training,
international scientific and technical cooperation in the Department of
Agriculture, $1,864,000, and the Office may utilize advances of funds,
or reimburse this appropriation for expenditures made on behalf of
Federal agencies, public and private organizations and institutions
under agreements executed pursuant to the agricultural food production
assistance programs (7 U.S.C. 1736) and the educational and cultural
exchange programs of the Department of State (22 U.S.C. 2392).
For expenses during the current fiscal year, not otherwise
recoverable, and unrecovered prior years' costs, including interest
thereon, under the Agricultural Trade Development and Assistance Act of
1954, as amended (7 U.S.C. 1701 - 1715, 1721 - 1726, 1727 - 1727f, 1731
- 1736f), as follows: (1) financing the sale of agricultural
commodities for convertible foreign currencies and for dollars on credit
terms pursuant to titles I and III of said Act, // 7 USC 1701, 1727. //
not more than $901,730,000, of which $280,776,000 is hereby appropriated
and the balance derived from proceeds from sales of foreign currencies
and dollar loan repayments, repayments on long-term credit sales and
carryover balances; and (2) commodities supplied in connection with
dispositions abroad, pursuant to title II of said Act, // 7 USC 1721.
// not more than $556,000,000, of which $438,700,000 is hereby
appropriated and the balance to be derived from Commodity Credit
Corporation funds and from carryover balances.
For necessary expenses, not otherwise provided for, of the Food and
Drug Administration; for payment of salaries and expenses for services
as authorized by 5 U.S.C. 3109, but at rates for individuals not to
exceed the per diem rate equivalent to the rate for GS-18; for rental
of special purpose space in the District of Columbia or elsewhere; for
miscellaneous and emergency expenses of enforcement activities,
authorized or approved by the Secretary and to be accounted for solely
on his certificate, not to exceed $10,000; $312,796,000.
For construction, repair, improvement, extension, alteration, and
purchase of fixed equipment or facilities of or used by the Food and
Drug Administration, where not otherwise provided, $4,372,000.
For necessary expenses to carry out the provisions of the Commodity
Exchange Act, as amended (7 U.S.C. 1 et seq.) including the purchase and
hire of passenger motor vehicles; the rental of space in the District
of Columbia and elsewhere; and not to exceed $75,000 for employment
under 5 U.S.C. 3109, $16,366,000 to be available as authorized by law:
Provided, That not to exceed $1,000 shall be available for official
reception and representation expenses.
Not exceed $11,897,000 (from assessments collected from farm credit
agencies) shall be obligated during the current fiscal year for
administrative expenses including the hire of one passenger motor
vehicle.
Sec. 601. Within the unit limit of cost fixed by law, appropriations
and authorizations made for the Department of Agriculture for the fiscal
year 1980 under this Act shall be available for the purchase, in
addition to those specifically provided for, of not to exceed six
hundred sixty-eight (668) passenger motor vehicles of which five hundred
eighty-one (581) shall be for replacement only, and for the hire of such
vehicles.
Sec. 602. Funds available to the Department of Agriculture shall be
available for uniforms or allowances therefor as authorized by law (5
U.S.C. 5901 - 5902).
Sec. 603. Not less than $1,500,000 of the appropriations of the
Department of Agriculture for research and service work authorized by
the Acts of August 14, 1946, July 28, 1954, and September 6, 1958 (7 U.
S.C. 427, 1621 - 1629; 42 U.S.C. 1891 - 1893), shall be available for
contracting in accordance with said Acts.
Sec. 604. No part of the funds contained in this Act may be used to
make production or other payments to a person, persons, or corporations
who harvest or knowingly permit to be harvested for illegal use,
marihuana, or other such prohibited drug-producing plants on any part of
lands owned or controlled by such persons or corporations.
Sec. 605. Advances of money from any appropriation for the
Department of Agriculture may be made by authority of the Secretary of
Agriculture to chiefs of field parties.
Sec. 606. Obligations chargeable against the Working Capital Fund
during the period October 1, 1979, through September 30, 1980, shall not
exceed $61,000,000: Provided, That no funds appropriated to an agency
of the Department shall be transferred to the Working Capital Fund
without the approval of the agency administrator.
Sec. 607. New obligational authority provided for the following
appropriation items in this Act shall remain available until expended:
Scientific Activities Overseas (Special Foreign Currency Program);
Public Law 480; // 7 USC 1691 // Rural Housing for Domestic Farm Labor;
Mutual and Self-Help Housing; Watershed and Flood Prevention
Operations; Resource Conservation and Development; Agricultural
Stabilization and Conservation Service Salaries and Expenses funds made
available to county committees; and Buildings and Facilities, Food and
Drug Administration.
Sec. 608. 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. 609. Not to exceed $50,000 of the appropriations available to
the Department of Agriculture shall be available to provide appropriate
orientation and language training pursuant to Public Law 94 - 449. // 90
Stat. 1500. //
Sec. 610. Notwithstanding any other provision of law, employees of
the agencies of the Department of Agriculture, including employees of
the Agricultural Stabilization and Conservation County Committees, may
be utilized to provide part-time and intermittent assistance to other
agencies of the Department, without reimbursement, during periods when
they are not otherwise fully utilized.
Sec. 611. Funds provided by this Act for personnel compensation and
benefits shall be available for obligation for that purpose only.
Approved November 9, 1979.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 96 - 242 (Comm. on Appropriations) and No. 96 -
553 (Comm. of Conference).
SENATE REPORT No. 96 - 246 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 125 (1979):
June 19, considered and passed House.
July 18, 19, considered and passed Senate, amended.
Oct. 26, House agreed to conference report; receded from its
disagreement and concurred in certain Senate amendments and in
others with amendments.
Oct. 31, Senate agreed to conference report and concurred in
House amendments.
PUBLIC LAW 96-107, 93 STAT, 803, DEPARTMENT OF DEFENSE AUTHORIZATION
ACT, 1980
procurement of aircraft, missiles,
naval vessels, tracked combat vehicles, torpedoes, and
other weapons and
for research, development, test, and evaluation for the
Armed Forces, to prescribe
the authorized personnel strength for each active duty
component and the Selected
Reserve of each Reserve component of the Armed
Forces and for civilian
personnel of the Department of Defense, to authorize
the military training student
loads, to authorize appropriations for fiscal year 1980
for civil defense, 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 " Department of Defense Authorization Act, 1980".
SEC. 101. Funds are hereby authorized to be appropriated for fiscal
year 1980 for the use of the Armed Forces of the United States for
procurement of aircraft, missiles, naval vessels, tracked combat
vehicles, torpedoes, and other weapons, as authorized by law, in amounts
as follows:
For aircraft: for the Army, $1,002,600,000; for the Navy and
the Marine Corps, $4,534,900,000; for the Air Force,
$7,842,340,000.
For missiles: for the Army, $1,202,900,000; for the Navy,
$1,575,100,000; for the Marine Corps, $20,500,000; for the Air
Force, $2,263,800,000.
For naval vessels: for the Navy, $6,706,800,000.
For tracked combat vehicles: for the Army, $1,679,000,000;
for the Marine Corps, $13,000,000.
For torpedoes and related support equipment: for the Navy,
$336,800,000.
For other weapons: for the Army, $170,500,000; for the Navy,
$153,000,000; for the Marine Corps, $25,200,000.
SEC. 102. Of the amount authorized to be appropriated under section
101 for procurement of aircraft for the Air Force, $431,900,000 is
authorized for the procurement of avionics and cruise missile
integration for the B-52 aircraft modification program subject to the
condition that the Secretary of Defense provide to the Congress at the
earliest possible date, and not later than November 30, 1979, a report
on--,
(1) all uncertainties in the effectiveness of the B-52 aircraft
as a cruise missile carrier over the next decade, including any
degradation of defense penetration capabilities of the B-52
aircraft which could result from possible air defense advances by
the Soviet Union; and
(2) the requirement for maintaining the defense penetration
capability of the B-52 aircraft and the options available during
the next decade to maintain such capability.
AIRBORNE
WARNING AND CONTROL SYSTEM (AWACS) FOR NATO
SEC. 103. There is authorized to be appropriated for fiscal year
1980 the sum of $243,100,000 to be available only for contribution by
the United States of its share of the cost for such fiscal year of the
acquisition by the North Atlantic Treaty Organization of the Airborne
Early Warning and Control System (AWACS).
CONNECTION
WITH THE NATO AIRBORNE WARNING AND CONTROL
SYSTEM (AWACS)
PROGRAM
SEC. 104. (a) During fiscal year 1980, the Secretary of Defense, in
carrying out the Multilateral Memorandum of Understanding Between the
North Atlantic Treaty Organization (NATO) Ministers of Defence on the
NATO E-3 A Cooperative Programme, signed by the Secretary of Defense on
December 6, 1978, may--,
(1) waive reimbursement for the cost of the following functions
performed by personnel other than personnel employed in the United
States Air Force Airborne Warning and Control System (AWACS)
program office:
(2) waive any surcharge for administrative services otherwise
chargeable; and
(3) in connection with the NATO E-3 A Cooperative Programme for
fiscal year 1980, assume contingent liability for--,
(b) Authority under this section to enter into contracts shall be
effective for any fiscal year only to such extent or in such amounts as
are provided in appropriation Acts.
SEC. 201. Funds are hereby authorized to be appropriated for fiscal
year 1980 for the use of the Armed Forces of the United States for
research, development, test, and evaluation, as authorized by law, in
amounts as follows:
For the Army, $2,866,461,000, of which $3,000,000 is authorized
only for the performance and completion of a feasibility
demonstration of launching Heliborne Missiles (HELLFIRE) from
UH-60 helicopters.
For the Navy (including the Marine Corps), $4,542,992,000, of
which (1) $60,000,000 is authorized only for the continued
research, development, test, and evaluation of the 3,000-ton
prototype Surface Effect Ship (SES), and (2) $30,000,000 is
authorized only for joint Navy/ Air Force full-scale engineering
development of the Air-to-Ground Standoff Missile system which is
to be available for production on or before December 31, 1984.
For the Air Force, $4,994,046,000, of which (1) $670,000,000 is
authorized only for the concurrent full-scale engineering
development of the missile basing mode known as the Multiple
Protective Structure (MPS) system and the MX missile, as provided
in section 202 of the Department of Defense Supplemental
Appropriation Authorization Act, 1979 (Public Law 96 - 29), and
(2) $30,000,000 is authorized only for the research, development,
test, and evaluation required for competitive hardware
demonstration of the Strategic Weapons Launcher and a derivative
of a military aircraft or a commercial aircraft, in order to
establish not later than September 30, 1981, the utility of these
aircraft as cruise missile carriers.
For the Defense Agencies, $1,110,618,000, of which $42,500,000
is authorized for the activities of the Director of Test and
Evaluation, Defense.
BALLISTIC
MISSILES
SEC. 202. The Secretary of Defense shall submit to the Congress in
writing, not later than March 1, 1980, a report evaluating in detail the
ability of the basing mode for land-based intercontinental ballistic
missiles known as the Multiple Protective Structure (MPS) system to
survive foreseeable attempts by the Soviet Union to neutralize such
system.
OF THE
EXTREMELY LOW FREQUENCY COMMUNICATION SYSTEM
SEC. 203. None of the funds authorized to be appropriated by this
Act for the development of the Extremely Low Frequency (ELF)
communication system may be obligated or expended for the development of
such system unless the President certifies to the Congress in writing
that the use of funds for such purpose is in the national interest, that
a site has been selected for the deployment of such system, and that the
President has approved such site for the deployment of such system, and
in no event may any of the funds authorized to be appropriated by this
Act be used for full scale development or construction of another
test-bed facility for an Extremely Low Frequency (ELF) communication
system.
SEC. 301. The Armed Forces are authorized strengths for active duty
personnel as of September 30, 1980, as follows:
(1) The Army, 776,700.
(2) The Navy, 528,000.
(3) The Marine Corps, 189,000.
(4) The Air Force, 558,000.
OFFICERS
SEC. 302. (a) Section 3218 of title 10, United States Code, is
amended by striking out "and those serving in the National Guard Bureau"
and inserting in lieu thereof "those serving in the National Guard
Bureau, and those counted under section 3202 of this title".
(b) Section 5457(a) of such title // 10 USC 5457. // is amended by
inserting after "rear admiral" a comma and "exclusive of those counted
under section 5442 of this title,".
(c) Section 5458(a) of such title // 10 USC 5458. // is amended by
inserting after "combined" a comma and "exclusive of those counted under
section 5443 of this title,".
(d) Section 8218 of such title // 10 USC 8218. // is amended by
striking out "and those serving in the National Guard Bureau" and
inserting in lieu thereof "those serving in the National Guard Bureau,
and those counted under section 8202 of this title".
PROMOTION PLAN
TO BE INCLUDED AS PART OF THE ANNUAL MANPOWER
REQUIREMENTS
REPORT RATHER THAN AS A SEPARATE REPORT
SEC. 303. (a)(1) Section 686 of title 10, United States Code, // 10
USC 686. // providing for an annual officer grade distribution report,
is repealed.
(2) The table of sections at the beginning of chapter 39 of such
title is amended by striking out the item relating to section 686.
(b) Paragraph (3) of section 138(c) of such title, // 10 USC 138. //
providing for an annual manpower requirements report, is amended to read
as follows:
"(3)(A) The Secretary of Defense shall submit to Congress a written
report, not later than February 15 of each fiscal year, recommending the
annual active duty end strength level for each component of the armed
forces for the next fiscal year and the annual civilian personnel end
strength level for each component of the Department of Defense for the
next fiscal year, and shall include in that report justification for the
strength levels recommended and an explanation of the relationship
between the personnel strength levels recommended for that fiscal year
and the national security policies of the United States in effect at the
time. The justification and explanation shall specify in detail for all
military forces (including each land force division, carrier and other
major combatant vessel, air wing, and other comparable unit) the--,
"(i) unit mission and capability;
"(ii) strategy which the unit supports; and
"(iii) area of deployment and illustrative areas of potential
deployment, including a description of any United States
commitment to defend such areas.
"(B) The Secretary of Defense shall also include in the report
required under subparagraph (A) a detailed discussion of--,
"(i) the manpower required for support and overhead functions
within the armed forces and the Department of Defense;
"(ii) the relationship of the manpower required for support and
overhead functions to the primary combat missions and support
policies; and
"(iii) the manpower required to be stationed or assigned to
duty in foreign countries and aboard vessels located outside the
territorial limits of the United States, its territories, and
possessions.
"(C) In such report, the Secretary of Defense shall also identify,
define, and group by mission and by region the types of military bases,
installations, and facilities and shall provide an explanation and
justification of the relationship between this base structure and the
proposed military force structure together with a comprehensive
identification of base operating support costs and an evaluation of
possible alternatives to reduce such costs.
"(D) The Secretary of Defense shall also include in such report with
respect to each armed force under the jurisdiction of the Secretary of a
military department--,
"(i) the estimated requirements in members on active duty
during the next fiscal year;
"(ii) the estimated number of commissioned officers in each
grade on active duty and to be promoted during the next fiscal
year; and
"(iii) an analysis of the distribution by grade of commissioned
officers on active duty at the time the report is prepared.".
SEC. 401. (a) For fiscal year 1980, the Selected Reserve of the
reserve components of the Armed Forces shall be programmed to attain
average strengths of not less than the following:
(1) The Army National Guard of the United States, 355,700.
(2) The Army Reserve, 197,400.
(3) The Naval Reserve, 87,000.
(4) The Marine Corps Reserve, 33,600.
(5) The Air National Guard of the United States, 92,500.
(6) The Air Force Reserve, 57,300.
(7) The Coast Guard Reserve, 11,700.
(b) Within the average strengths prescribed by subsection (a), the
reserve components of the Armed Forces are authorized, as of September
30, 1980, the following number of Reserves to be serving on full-time
active duty for the purpose of organizing, administering, recruiting,
instructing, or training the reserve components:
(1) The Army National Guard of the United States, 6,244.
(2) The Army Reserve, 4,288.
(3) The Naval Reserve, 707.
(4) The Marine Corps Reserve, 67.
(5) The Air National Guard of the United States, 1,560.
(6) The Air Force Reserve, 681.
(c) The average strength prescribed by subsection (a) for the
Selected Reserve of any reserve component shall be proportionately
reduced by (1) the total authorized strength of units organized to serve
as units of the Selected Reserve of such component which are on active
duty (other than for training) at any time during the fiscal year, and
(2) the total number of individual members not in units organized to
serve as units of the Selected Reserve of such component who are on
active duty (other than for training or for unsatisfactory participation
in training) without their consent at any time during the fiscal year.
Whenever such units or such individual members are released from active
duty during any fiscal year, the average strength prescribed for such
fiscal year for the Selected Reserve of such reserve component shall be
proportionately increased by the total authorized strength of such units
and by the total number of such individual members.
SEC. 402. (a) Section 2131(b)(1) of title 10, United States Code, is
amended by striking out "50 percent" and inserting in lieu thereof "100
percent".
(b) Section 2133(b) of such title // 10 USC 2133. // is amended to
read as follows:
"(b)(1) A member who fails to participate satisfactorily in training
with his unit, if he is a member of a unit, during a term of enlistment
for which the member entered into an agreement under section 2132(a)(4)
of this title shall refund an amount computed under paragraph (2) unless
the failure to participate in training was due to reasons beyond the
control of the member. Any refund by a member under this section shall
not affect the period of obligation of such member to serve as a
Reserve.
"(2) The amount of any refund under paragraph (1) shall be the amount
equal to the product of--,
"(A) the number of months of obligated service remaining during
that term of enlistment divided by the total number of months of
obligated service of that term of enlistment; and
"(B) the total amount of educational assistance provided to the
member under section 2131 of this title.".
(c) The amendments made by this section // 10 USC 2131 // shall apply
only to individuals enlisting in the Reserves after September 30, 1979.
RETAIN
CERTAIN RESERVE OFFICERS ON ACTIVE DUTY UNTIL
AGE 60
SEC. 403. (a) Section 3855 of title 10, United States Code, is
amended by inserting " Veterinary Corps," after " Dental Corps,".
(b) Section 8855 of such title // 10 USC 8855. // is amended by
inserting "veterinary officer," after "dental officer,".
PERFORMANCE OF ADMINISTRATIVE
FUNCTIONS BY OFFICERS OF THE NATIONAL GUARD
AND RESERVE COMPONENTS
SEC. 404. (a)(1) Section 309 of title 37, United States Code, is
repealed.
(2) The table of sections at the beginning of chapter 5 of such title
is amended by striking out the item relating to section 309.
(b) The amendments made by this section // 37 USC 309. // shall
apply only with respect to administrative functions performed after
September 30, 1980.
SEC. 501. (a) The Department of Defense is authorized a strength in
civilian personnel, as of September 30, 1980, of 983,600.
(b) The strength for civilian personnel prescribed in subsection (a)
shall be apportioned among the Department of the Army, the Department of
the Navy (including the Marine Corps), the Department of the Air Force,
and the agencies of the Department of Defense (other than the military
departments) in such numbers as the Secretary of Defense shall
prescribe. The Secretary of Defense shall report to the Congress within
sixty days after the date of the enactment of this Act on the manner in
which the initial allocation of civilian personnel is made among the
military departments and the agencies of the Department of Defense
(other than the military departments) and shall include the rationale
for each allocation.
(c) In computing the strength for civilian personnel, there shall be
included all direct-hire and indirect-hire civilian personnel employed
to perform military functions administered by the Department of Defense
(other than those performed by the National Security Agency) whether
employed on a full-time, part-time, or intermittent basis, but excluding
special employment categories for students and disadvantaged youth such
as the stay-in-school campaign, the temporary summer aid program and the
Federal junior fellowship program, and personnel participating in the
worker-trainee opportunity program. Whenever a function, power, or duty,
or activity is transferred or assigned to a department or agency of the
Department of Defense from a department or agency outside of the
Department of Defense, or from another department or agency within the
Department of Defense, the civilian personnel end strength authorized
for such departments or agencies of the Department of Defense affected
shall be adjusted to reflect any increases or decreases in civilian
personnel required as a result of such transfer or assignment.
(d) When the Secretary of Defense determines that such action is
necessary in the national interest, he may authorize the employment of
civilian personnel in excess of the number authorized by subsection (a),
but such additional number may not exceed 1 1/4 percent of the total
number of civilian personnel authorized for the Department of Defense by
subsection (a). The Secretary of Defense shall promptly notify the
Congress of any authorization to increase civilian personnel strength
under the authority of this subsection.
(e) During fiscal year 1980, the Secretary of Defense shall manage
the manpower resources of the Department of Defense in a manner that
will insure that those functions of the Department of Defense involving
maintenance, construction, engineering acquisition, or repair activities
will be provided civilian manpower resources sufficient to fulfill the
work requirements for which funds have been appropriated on a schedule
consistent with the requirements of national security and military
readiness.
SEC. 601. (a) For fiscal year 1980, the components of the Armed
Forces are authorized average military training student loads as
follows:
(1) The Army, 54,865.
(2) The Navy, 61,913.
(3) The Marine Corps, 22,618.
(4) The Air Force, 43,249.
(5) The Army National Guard of the United States, 7,985.
(6) The Army Reserve, 4,772.
(7) The Naval Reserve, 906.
(8) The Marine Corps Reserve, 3,156.
(9) The Air National Guard of the United States, 1,958.
(10) The Air Force Reserve, 1,276.
(b) In addition to the number authorized for the Army, the Army
National Guard of the United States, and the Army Reserve in subsection
(a), such components are authorized military training student loads of
not less than the following numbers to be utilized solely for one
station unit training:
(1) The Army, 19,603.
(2) The Army National Guard of the United States, 6,631.
(3) The Army Reserve, 1,556.
(c) The average military training student loads for the Army, the
Navy, the Marine Corps, and the Air Force and the Reserve components
authorized in subsection (a) for fiscal year 1980 shall be adjusted
consistent with the manpower strengths authorized in titles III, IV, and
V of this Act. Such adjustment shall be apportioned among the Army, the
Navy, the Marine Corps, and the Air Force and the Reserve components in
such manner as the Secretary of Defense shall prescribe.
SEC. 701. There is authorized to be appropriated for fiscal year
1980 for the purpose of carrying out the provisions of the Federal Civil
Defense Act of 1950 (50 U.S.C. App. 2251 - 2297) the sum of
$106,800,000.
CONTRIBUTIONS
TO STATES FOR PERSONNEL AND ADMINISTRATIVE
EXPENSES
SEC. 702. The last proviso of section 408 of the Civil Defense Act
of 1950 (50 U.S.C. App. 2260) is amended by striking out everything
after the last semicolon and inserting in lieu thereof "and
appropriations for contributions to the States for personnel and
administrative expenses under section 205 shall not exceed $40,000,000
per annum.".
SEC. 801. (a) Section 802 of title 10, United States Code (article 2
of the Uniform Code of Military Justice), is amended--,
(1) by inserting "(a)" before " The" at the beginning of such
section; and
(2) by adding at the end thereof the following new subsections:
"(b) The voluntary enlistment of any person who has the capacity to
understand the significance of enlisting in the armed forces shall be
valid for purposes of jurisdiction under subsection (a) of this section
and a change of status from civilian to member of the armed forces shall
be effective upon the taking of the oath of enlistment.
"(c) Notwithstanding any other provision of law, a person serving
with an armed force who--,
"(1) submitted voluntarily to military authority;
"(2) met the mental competency and minimum age qualifications
of sections 504 and 505 of this title at the time of voluntary
submission to military authority;
"(3) received military pay or allowances; and
"(4) performed military duties;
is subject to this chapter until such person's active service has been
terminated in accordance with law or regulations promulgated by the
Secretary concerned.".
(b) Section 836(a) of such title (article 36(a) of the Uniform Code
of Military Justice) // 10 USC 836. // is amended by striking out " The
procedure, including modes of proof, in cases before courts-martial,
courts of inquiry, military commissions, and other military tribunals"
and inserting in lieu thereof " Pretrial, trial, and post-trial
procedures, including modes of proof, for cases arising under this
chapter triable in courts-martial, military commissions and other
military tribunals, and procedures for courts of inquiry,".
CONTRACTING
OUT OF CERTAIN RESEARCH AND DEVELOPMENT
ACTIVITIES
SEC. 802. (a) Except as provided in subsection (b), // 10 USC 138.
// neither the implementing instructions for, nor the provisions of,
Office of Management and Budget Circular A-76 (issued on August 30,
1967, and reissued on October 18, 1976, June 13, 1977, and March 29,
1979) shall control or be used for policy guidance for the obligation or
expenditure of any funds which under section 138(a)(2) of title 10,
United States Code, are required to be specifically authorized by law.
(b) Funds which under section 138(a)(2) of title 10, United States
Code, are required to be specifically authorized by law may be obligated
or expended for operation or support of installations or equipment used
for research and development (including maintenance support of
laboratories, operation and maintenance of test ranges, and maintenance
of test aircraft and ships) in compliance with the implementing
instructions for and the provisions of such Office of Management and
Budget Circular.
(c) No law enacted after the date of the enactment of this Act shall
be held, considered, or construed as amending, superseding, or otherwise
modifying any provision of this section unless such law does so by
specifically and explicitly amending, repealing, or superseding this
section.
UNIVERSITY OF
THE HEALTH SCIENCES
SEC. 803. (a) Section 2112(b) of title 10, United States Code, is
amended by adding at the end thereof the following new sentence: " In
so prescribing the number of persons to be graduated from the
University, the Secretary of Defense shall, upon recommendation of the
Board of Regents, institute actions necessary to ensure the maximum
number of first-year enrollments in the University consistent with the
academic capacity of the University and the needs of the uniformed
services for medical personnel.".
(b) Section 2114(b) of such title // 10 USC 2114. // is amended by
striking out "uniform" in the first sentence of such section and
inserting in lieu thereof "uniformed".
(c)(1) The first two sentences of section 2115 of such title // 10
USC 2115. // are amended to read as follows: " The Secretary of
Defense may allow not more than 20 percent of the graduates of each
class at the University to perform civilian Federal service for not less
than seven years following the completion of their professional
education in lieu of active duty in a uniformed service if the needs of
the uniformed services do not require that such graduates perform active
duty in a uniformed service and as long as the Secretary of Defense does
not recall such persons to active duty in the uniformed services. Such
persons who execute an agreement in writing to perform such civilian
Federal service may be released from active duty following the
completion of their professional education.".
(2) The section heading of such section is amended to read as
follows:
" SEC. 2115. Graduates: limitation on number permitted to perform
civilian Federal service".
(3) The item relating to section 2115 in the table of sections at the
beginning of chapter 104 of such title is amended to read as follows:
"2115. Graduates: limitation on number permitted to perform
civilian Federal service.".
PROFESSIONALS
SEC. 804. (a) Section 2121(d) of title 10, United States Code,
relating to stipends for members of the Armed Forces Health Professions
Scholarship program, is amended to read as follows:
"(d) Except when serving on active duty pursuant to subsection (c), a
member of the program shall be entitled to a stipend at the rate in
effect under paragraph (1)(B) of section 751(g) of the Public Health
Service Act (42 U.S.C. 294t(g)) for students in the National Health
Service Corps Scholarship program.".
(b) Section 313(a) of title 37, United States Code, relating to
special pay for medical officers who execute active duty agreements, is
amended--,
(1) by striking out clause (4) and redesignating clauses (5)
and (6) as clauses (4) and (5), respectively; and
(2) by inserting after the first sentence of such subsection
the following new sentence: " However, while serving an active
duty obligation resulting from a medical education program leading
to appointment or designation as a medical officer, such an
officer shall be paid $9,000 (rather than an amount determined
under the preceding sentence) for each year of the active duty
agreement.".
(c) The amendments made by this section // 10 USC 2121 // shall take
effect on October 1, 1979.
AFTER AGE 26
SEC. 805. (a) Section 511(d) of title 10, United States Code, is
amended--,
(1) by striking out "who is under 26 years of age,"; and
(2) by striking out the comma after "in an armed force".
(b) Section 651 of such title // 10 USC 651. // is amended by
striking out "before his twenty-sixth birthday".
(c) The amendments made by this section // 10 USC 511. // shall
apply only to individuals who become members of an Armed Force after the
date of the enactment of this Act.
AND INDUSTRIAL
TYPE FUNCTIONS FROM DEPARTMENT OF DEFENSE
PERSONNEL
TO PRIVATE CONTRACTORS
SEC. 806. // 10 USC 2304 // (a) During fiscal year 1980, no
commercial or industrial type function of the Department of Defense that
on the date of the enactment of this Act is being performed by
Department of Defense personnel may be converted to performance by a
private contractor--,
(1) to circumvent any civilian personnel ceiling; and
(2) unless the Secretary of Defense shall provide to the
Congress in a timely manner--,
a
private contractor, together with a certification that
the
government in-house cost calculation for the function is
based on an estimate of the most efficient and cost
effective
organization for in-house performance;
performance,
upon completing the study described in subparagraph
(A) and before contracting for the performance of such
function by a private contractor, a report showing--,
(b) The Secretary of Defense shall submit a written report to the
Congress by February 1, 1980, describing the extent to which commercial
and industrial type functions were performed by Department of Defense
contractors during fiscal year 1979. The Secretary shall also include
in such report an estimate of the percentage of commercial and
industrial type functions of the Department of Defense that will be
performed by Department of Defense personnel and the percentage of such
functions that will be performed by private contractors during fiscal
year 1980.
MEMBERS
OF THE UNIFORMED SERVICES ASSIGNED OVERSEAS
SEC. 807. (a) Section 405 of title 37, United States Code, relating
to allowances for members on duty outside the United States or in Alaska
or Hawaii, is amended by inserting after the third sentence in such
section the following new sentence: " A station housing allowance
prescribed under this section may be paid in advance.".
(b) The amendment made by subsection (a) // 37 USC 405. // shall
take effect on October 1, 1979.
SEC. 808. // 10 USC 131. // (a) Each year the Secretary of Defense
shall assess, and make findings with respect to, the readiness status of
the military forces of the North Atlantic Treaty Organization and shall
submit a report of such assessment and findings to the Committees on
Armed Services and on Appropriations of the Senate and House of
Representatives on the same date that the President transmits to the
Congress the Budget. The first such report shall be submitted on the
date the Budget for fiscal year 1981 is transmitted.
(b) The annual assessment by the Secretary of Defense under
subsection (a) shall include the assessment and findings of the
Secretary of Defense with respect to--,
(1) deficiencies in the readiness of the North Atlantic Treaty
Organization (including an analysis of such deficiencies in each
member nation of the North Atlantic Treaty Organization) with
respect to--,
degradation
by potential overt activities of the Warsaw Pact);
capabilities;
units
to assigned general defensive positions;
effectiveness
of reserve forces;
resupply
requirements;
assets
from allied air fields;
availability
of ports, air fields, transportation, and host nation
support);
facilities and
equipment needed to conduct realistic operational
exercises);
and
procedures
among armed forces of the member nations;
(2) planned corrections in the identified readiness
deficiencies of the United States with respect to the North
Atlantic Treaty Organization and that portion of the Budget
transmitted to the Congress by the President on the date such
report is transmitted which is allocated for such corrections;
and
(3) commitments made by other member nations of the North
Atlantic Treaty Organization to correct readiness deficiencies of
such nations (including any deficiencies of such nations in the
items listed in paragraph (1)) and an identification of particular
improvements to be made in readiness by weapons system, program,
or activity.
SEC. 809. Section 811(a) of the Department of Defense Appropriation
Authorization Act, 1976 (Public Law 94 - 106; 89 Stat. 539) // 10 USC
139. // is amended to read as follows:
"(a) Beginning with the quarter ending December 31, 1979, // 10 USC
139. // the Secretary of Defense shall submit quarterly to the Congress
written selected acquisition reports for those major defense systems
which are estimated to require a total cumulative financing for
research, development, test, and evaluation in excess of $75,000,000 or
a cumulative production investment in excess of $300,000,000. The
report for the quarter ending on December 31 of any fiscal year shall be
submitted within 20 days after the President transmits the Budget to the
Congress for the following fiscal year, and the reports for the other
three quarters of any fiscal year shall be submitted within 30 days
after the end of the quarter. If a preliminary report is submitted for
any quarter, then the final report for such quarter shall be submitted
to the Congress within 15 days after the submission of such preliminary
report.".
FOR 1980
OLYMPIC WINTER GAMES
SEC. 810. There is authorized to be appropriated to the Secretary of
Defense for fiscal year 1980 an amount not to exceed $10,000,000 for the
purpose of providing assistance for the 1980 Olympic winter games, as
authorized by section 816(a) of the Department of Defense Appropriation
Authorization Act, 1979 (Public Law 95 - 485; 92 Stat. 1626). Except
for funds used for pay and nontravel related allowances of members of
the Armed Forces, no funds may be obligated or expended for the purpose
of carrying out such section unless specifically appropriated for such
purpose. The costs for pay and nontravel related allowances of members
of the Armed Forces may not be charged to appropriations made pursuant
to this authorization.
REFORM
SEC. 811. // 50 USC app. 451 // (a) The President shall prepare and
transmit to the Congress a plan for a fair and equitable reform of the
existing law providing for registration and induction of persons for
training and service in the Armed Forces. Such plan shall include
recommendations with respect to--,
(1) the desirability and feasibility of resuming registration
under the Military Selective Service Act as in existence on the
date of the enactment of this Act;
(2) the desirability and feasibility of establishing a method
of automatically registering persons under the Military Selective
Service Act through a centralized, automated system using existing
records, together with a discussion of the impact of such method,
or of alternative methods of establishing such a registration
system, on privacy rights under the Constitution and under
statutes protecting such rights (including section 552a of title
5, United States Code, commonly referred to as the " Privacy Act")
and any proposal for reform of such Privacy Act or other statutes,
relevant court decisions relating to Selective Service procedures,
and the impact of such alternative methods on other constitutional
issues;
(3) the desirability of the enactment of authority for the
President to induct persons registered under such Act for training
and service in the Armed Forces during any period with respect to
which the President determines that such authority is required in
the interest of the national defense;
(4) whether women should be subject to registration under such
Act and to induction for training and service in the Armed Forces
under such Act;
(5) the desirability and feasibility of providing authority for
the President to induct persons into the Individual Ready Reserve;
(6) whether persons registered under such Act should also be
immediately classified and examined or whether classification and
examination of registrants should be subject to the discretion of
the President;
(7) such changes in the organization and operation of the
Selective Service System as the President determines are necessary
to enable the Selective Service System to meet the personnel
requirements of the Armed Forces during a mobilization in a more
efficient and expeditious manner than is presently possible;
(8) the desirability, in the interest of preserving discipline
and morale in the Armed Forces, of establishing a national youth
service program permitting volunteer work, for either public or
private public service agencies, as an alternative to military
service;
(9) such other changes in existing law relating to
registration, classification, selection, and induction as the
President considers appropriate; and
(10) other possible procedures that could be established to
enable the Armed Forces to meet their personnel requirements.
(b) The President shall transmit with the plan required by subsection
(a) proposals for such legislation as may be necessary to implement the
plan and to revise and modernize the Military Selective Service Act.
(c) The plan required by subsection (a), together with the proposed
legislation required by subsectin (b), shall be transmitted to the
Congress not later than January 15, 1980, or the end of the three-month
period beginning on the date of the enactment of this Act, whichever is
later.
INDEPENDENT
AGENCY
SEC. 812. Section 1 of the Military Selective Service Act (50 U.S.
C. App. 451) is amended by adding at the end thereof the following new
subsection:
"(f) The Congress further declares that the Selective Service System
should remain administratively independent of any other agency,
including the Department of Defense.".
SEC. 813. The Secretary of the Air Force shall conduct an
investigation of Titan II missile systems located within the United
States to assess the physical condition of those facilities and
components thereof as well as relevant maintenance procedures. Not
later than 180 days after the date of the enactment of this Act, the
findings of that investigation, along with recommendations for any
needed physical or procedural improvements to protect the public safety
(including the safety of military personnel assigned to those systems)
shall be reported to the Committees on Armed Services of the Senate and
House of Representatives.
ALLOWANCES
FOR DEPENDENTS
SEC. 814. Section 406 of title 37, United States Code, relating to
travel and transportation allowances for dependents, is amended--,
(1) by striking out " A" at the beginning of subsection (a) of
such section and inserting in lieu thereof " Except as provided in
subsection (i) of this section, a";
(2) by striking out " In" at the beginning of subsection (h) of
such section and inserting in lieu thereof " Except as provided in
subsection (i) of this section, in"; and
(3) by adding at the end of such section the following new
subsection:
"(i)(1) After September 30, 1980, and except as provided in paragraph
(3) of this subsection, the allowance and transportation authorized by
subsection (a) and subsection (h) of this section for travel and
transportation of dependents may not be provided with respect to travel
and transportation of any dependent of a member of the Army, Navy, Air
Force, or Marine Corps from any place inside the United States to any
place outside the United States, or from any place outside the United
States to any place inside the United States, during any period in which
the number of dependents accompanying members of the Army, Navy, Air
Force, and Marine Corps who are stationed outside the United States and
who are authorized by the Secretary concerned to receive such allowance
or transportation for dependents exceeds 325,000.
"(2)(A) The Secretary of Defense shall allocate among the three
military departments the limitation established by paragraph (1) with
respect to the total number of dependents who may be accompanying
members of the Army, Navy, Air Force, and Marine Corps stationed
overseas who are entitled under subsection (a) of (h) to travel and
transportation for dependents before the allowance for such travel and
transportation is suspended under such paragraph.
"(B) The Secretary of each military department, in his discretion,
shall administer the limitation on the number of dependents who may be
provided travel and transportation under subsections (a) and (h)
allocated to his military department under subparagraph (A) in such
manner as the Secretary considers to be fair and in the best interest of
the United States.
"(3) Paragraph (1) does not prohibit the provision of travel and
transportation under subsection (a) or subsection (h) of this section
for travel and transportation of dependents from a place outside the
United States to a place inside the United States if the travel and
transportation of such dependents to such place outside the United
States was authorized under subsection (a) or subsection (h) of this
section at the time of the travel and transportation of such dependents
to such place outside the United States.".
SEC. 815. // 10 USC 2388 // To the maximum extent feasible and
consistent with overall defense needs and sound vehicle management
practices, as determined by the Secretary of Defense, the Department of
Defense is authorized and directed to enter into contracts by
competitive bid, subject to appropriations, for the purchase of
domestically produced alcohol or alcohol-gasoline blends containing at
least 10 percent domestically produced alcohol for use in motor vehicles
owned or operated by the Department of Defense.
ELECT COVERAGE
UNDER SURVIVOR BENEFIT PLAN
SEC. 816. Section 208 of the Uniformed Services Survivors' Benefits
Amendments of 1978 (Public Law 95 - 397; 10 U.S.C. 1447 note) is
amended--,
(1) by striking out "the end of the nine-month period beginning
on the effective date of this title" and inserting in lieu thereof
" January 1, 1980"; and
(2) by striking out "at the end of the one-year period
beginning on the effective date of this title" and inserting in
lieu thereof "on March 31, 1980".
SENIOR- GRADE
CIVILIAN EMPLOYEES OF DEPARTMENT OF DEFENSE
SEC. 817. Paragraphs (1) and (2) of section 811(a) of the Department
of Defense Appropriation Authorization Act, 1978 (10 U.S.C. 131 note),
are amended to read as follows:
"(1) After October 1, 1980, the total number of commissioned officers
on active duty in the Army, Air Force, and Marine Corps above the grade
of colonel, and on active duty in the Navy above the grade of captain,
may not exceed 1,073.
"(2) After September 30, 1981, the total number of civilian employees
of the Department of Defense in grades GS-13 through GS-18 (including
positions authorized under section 1581 of title 10, United States Code)
may not exceed the number equal to the number of such employees employed
by the Department of Defense on July 30, 1977, reduced by the same
percentage as the percentage by which the total number of commissioned
officers on active duty in the Army, Air Force, and Marine Corps above
the grade of colonel, and on active duty in the Navy above the grade of
captain, is reduced below 1,141 during the period beginning on October
1, 1977, and endin on September 30, 1980.".
STRATEGIC AND
CRITICAL MATERIALS FROM ZIMBABWE- RHODESIA
SEC. 818. // 22 USC 287c // It is the sense of the Congress that the
United States should have unlimited access to strategic and critical
materials which are vital to the defense and security of the United
States and that every effort should be made to remove artificial
impediments against the importation of such materials into the United
States from Zimbabwe-Rhodesia.
OF
FEDERAL CONTRACT RESEARCH CENTERS
SEC. 819. (a)(1) Chapter 139 of title 10, United States Code, is
amended by adding at the end thereof the following new section:
" SEC. 2359. // 10 USC 2359. // Salaries of officers of Federal
contract research centers: reports to Congress
" The Secretary of Defense shall notify the Congress not later than
January 31 of each year of any officer or employee of a Federal contract
research center the amount of whose compensation paid out of Federal
funds during the preceding calendar year exceeded the annual rate of
basic pay authorized (without regard to any limitation on the payment of
such pay) for level II of the Executive Schedule under section 5313 of
title 5 on the last day of such year. Such notification shall include a
detailed statement of the reasons for the payment of such amount of
compensation to each such officer or employee.".
(2) The table of sections at the beginning of such chapter is amended
by adding at the end thereof the following new item:
"2359. Salaries of officers of Federal contract research centers:
reports to Congress.".
(b) The first notification under section 2359 of title 10, United
States Code, as added by subsection (a), // 10 USC 2359 // shall be made
not later than January 31, 1980.
(c) Section 407 of Public Law 91 - 121 (83 Stat. 208; 10 U.S.C.
2358 note) is repealed.
STATES CODE, TO
REFLECT CHANGES MADE BY THE DEPARTMENT OF
DEFENSE REORGANIZATION
ORDER OF MARCH 7, 1978
SEC. 820. (a) Section 136(a) of title 10, United States Code,
relating to the Assistant Secretaries of Defense, is amended by striking
out "nine" and inserting in lieu thereof "seven".
(b) Section 3013 of such title, // 10 USC 3013. // relating to the
Under Secretary and Assistant Secretaries of the Army, is amended by
striking out "five" and inserting in lieu thereof "four".
(c) Section 5034(a) of such title, // 10 USC 5034. // relating to
the Assistant Secretaries of the Navy, is amended by striking out "four"
and inserting in lieu thereof "three".
(d) Section 8013 of such title, // 10 USC 8013. // relating to the
Under Secretary and Assistant Secretaries of the Air Force, is amended
by striking out "four" and inserting in lieu thereof "three".
(e)(1) Paragraphs (13), (14), (15), and (16) of section 5315 of title
5, United States Code, relating to positions at level IV of the
Executive Schedule, are amended to read as follows:
"(13) Assistant Secretaries of Defense (7).
"(14) Assistant Secretaries of the Air Force (3).
"(15) Assistant Secretaries of the Army (4).
"(16) Assistant Secretaries of the Navy (3).".
(2) Paragraph (96) of section 5316 of such title, // 5 USC 5316. //
relating to positions at level V of the Executive Schedule, is amended
to read as follows:
"(96) Deputy Under Secretaries of Defense for Research and
Engineering, Department of Defense (4).".
SEC. 821. (a) The last section in chapter 49 of title 10, United
States Code, relating to military unions (as added by Public Law 95 -
610; 92 Stat. 3085), is redesignated as section 976. // 10 USC 976. //
(b) The item relating to such section in the table of sections at the
beginning of such chapter is amended by striking out "975" and inserting
in lieu thereof "976".
Approved November 9, 1979.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 96 - 166 accompanying H.R. 4040 (Comm. on Armed
Services) and Nos. 96 - 521 and 96 - 546 (Comm. of Conference).
SENATE REPORTS: No. 96 197 (Comm. on Armed Services) and No. 96 -
371 (Comm. of Conference).
CONGRESSIONAL RECORD, Vol. 125 (1979):
June 11 - 13, considered and passed Senate.
Sept. 12 - 14, H.R. 4040, considered and passed House; passage
vacated and S. 428, amended, passed in lieu.
Oct. 24, Senate agreed to conference report.
Oct. 26, House agreed to conference report.
PUBLIC LAW 96-106, 93 STAT, 796
Surface Transportation Assistance
Act of 1978, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 103(e)(4)
of title 23, United States Code, // 23 USC 139. 92 Stat. 2695. // is
amended by adding at the end thereof the following new sentence: " The
preceding sentence shall not apply to a designation made under section
139 of this title.".
SEC. 2. (a) Section 103(e) (5) of title 238 United States Code, is
amended by striking out "(5) Notwithstanding any other provision of
law--" and inserting in lieu thereof "(5) Notwithstanding any other
provision of law, in the case of any withdrawal of approval before
November 6, 1978--".
(b) Paragraph (2) of section 107(f) of the Federal-Aid Highway Act of
1978 (Public Law 95 - 599) // 23 USC 103 92 Stat. 2694. // is hereby
repealed.
(c) Paragraph (6) of section 103(e) of title 23, United States Code,
is renumbered as paragraph (8), and paragraph (7) of such section is
renumbered as paragraph (9), including any references thereto, and such
section 103(e) is further amended by inserting immediately after
paragraph (5) the following new paragraphs:
"(6) Notwithstanding any other provision of law--,
"(A) in the case of any withdrawal of approval on or after
November 6, 1978, of a route or portion thereof on the Interstate
System, a State, subject to the approval of the Secretary, shall
not be required to refund to the Highway Trust Fund any sums paid
to the State for intangible costs;
"(B) in the case of any withdrawal of approval on or after
November 6, 1978, of any route or portion thereof on the
Interstate System under this section, a State shall not be
required to refund to the Highway Trust Fund the costs of
construction items, materials, or rights-of-way of the withdrawn
route or portion thereof if such items, materials, and
rights-of-way were acquired before November 6, 1978, if by the
date of withdrawal of approval the Secretary has not approved the
environmental impact statement required by the National
Environmental Policy Act of 1969,
// 42 USC 4321 //
and if such construction items, materials, or rights-of-way will
be or have been applied (i) to a transportation project
permissible under this title, (ii) to a public conservation or
public recreation purpose, or (iii) to any other public purpose
determined by the Secretary to be in the public interest on
condition that the State gives assurances satisfactory to the
Secretary that such construction items, materials, or
rights-of-way have been or will be so applied by the State, or any
political subdivision thereof, to a project under clause (i),
(ii), or (iii) within ten years from the date of withdrawal of
approval;
"(7) In any case where a withdrawal of approval of a route or portion
thereof on the Interstate System on or after November 6, 1978, does not
come within the provisions of paragraph (6)(B) of this subsection, the
State shall refund to the Highway Trust Fund the costs of construction
items, materials, and rights-of-way of the withdrawn route or portion
thereof, except that if the State gives assurances satisfactory to the
Secretary that such items, materials, and rights-of-way have been or
will be applied to a transportation project permissible under this title
within ten years from the date of withdrawal of approval, the amount of
such repayment shall be the difference between the amount received for
such items, materials, and rights-of-way and the amount which would be
received in accordance with the current Federal share applicable to the
transportation project to which such items, materials, and rights-of-way
were or are to be applied; and".
SEC. 3. Section 109(1)(1)(A) of title 23, United States Code, // 92
Stat. 2696. // is amended by striking out "any aspect of".
Sec. 4. Clauses (1) and (2) of subsection (b) of section 115 of
title 23, United States Code, are redesignated as (A) and (B),
respectively, including any references thereto. Such subsection (b) is
further amended by inserting "(1)" immediately after "(b)" and by adding
at the end thereof the following new paragraph:
"(2) For any project under construction on January 1, 1978, on the
Interstate System and converted to a regularly funded project after
January 1, 1978, for which the proceeds of bonds issued by the State,
county, city, or other political subdivision of the State were used, any
interest earned and payable on such bonds by the date of conversion is
an eligible cost of construction, to the extent that the proceeds of
such bonds have actually been expended in the construction of such
projects.".
SEC. 5. (a) The fifth sentence of section 118(b) of title 23, United
States Code, is amended to read as follows: " Any amount apportioned to
the States for the Interstate System under subsection (b)(5)(B) of
section 104 of this title // 23 USC 104. // shall continue to be
available for expenditure in that State for a period of two years after
the close of the fiscal year for which such sums are authorized and any
amounts so apportioned remaining unexpended at the end of such period
shall lapse.".
(b) The amendment made by subsection (a) of this section // 23 USC
118 // shall apply to all amounts apportioned under section 104(b)(5)(
B) of title 23, United States Code, // 92 Stat. 2699. // for the fiscal
year 1978 and for subsequent fiscal years.
SEC. 6. Section 131(c)(5) of title 23, United Stateds Code, // 92
Stat. 2700. // is amended by striking out "distribution of" and
inserting in lieu thereof "distribution by".
SEC. 7. (a) The first sentence of section 144(d) of title 23, United
States Code, // 92 Stat. 2702. // is amended by striking out "or
rehabilitating such bridge with a comparable facility" and inserting in
lieu thereof "such bridge with a comparable facility or in
rehabilitating such bridge".
(b) Section 144(m) of title 23, United Stateds Code, is amended by
striking out "major repairs" and inserting in lieu thereof "major work".
SEC. 8. (a) The third sentence of subsection (g) of section 144 of
title 23, United States Code, // 92 Stat. 2702. // is amended by
striking out the period at the end thereof and inserting in lieu thereof
a comma and the following: "and for any project for a highway bridge
the replacement or rehabilitation costs of which is less than
$10,000,000 if such cost is at least twice the amount apportioned to the
State in which such bridge is located under subsection (e) of this
section for the fiscal year in which application is made for a grant for
such bridge.".
(b) Notwithstanding any other provision of law discretionary bridge
funds authorized under section 144(g) of title 23, United States Code,
// 23 USC 144. // for fiscal year 1980 may be transferred to a State's
apportionment under section 104(b)(6) of title 23, United States Code,
to repay funds obligated under section 104(b)(6) of title 23, United
States Code, between June 1 and July 31, 1979, for bridge projects which
are eligible for funding by virtue of the amendment in subsection (a) of
this section.
SEC. 9. Section 215(f) of title 23, United States Code, is amended by
striking out "chapters 1 and 5" and inserting in lieu thereof "chapter
1".
SEC. 10. (a) The last sentence of section 219(c) of title 23, United
States Code, // 92 Stat. 2723. // is amended by striking out
"construction" and inserting in lieu thereof "improvement".
(b) Subsection (g) of section 152 of title 23, United States Code, //
92 Stat. 2722. // is amended by striking out " September 30" and
inserting in lieu thereof " December 30", and by striking out " January
1" and inserting in lieu thereof " April 1".
SEC. 11. Section 321(b) of title 23, United States Code, is amended
by striking out "paragraphs (1), (2), (3)" and inserting in lieu thereof
"paragraphs (1), (2)," and by striking out "70 per centum" and inserting
in lieu thereof "75 per centum".
SEC. 12. Subsection (e) of section 123 of the Federal-Aid Highway
Act of 1978 (Public Law 95 - 599) // 92 Stat. 2701. 23 USC 141. // is
hereby repealed.
SEC. 13. (a) Subsection (a) of section 143 of the Federal-Aid
Highway Act of 1978 (Public Law 95 - 599) // 92 Stat. 2712. // is
amended (1) by striking out "section 129" and inserting in lieu thereof
"sections 129 and 301", (2) by inserting "for I-88 traffic" immediately
after "are free of tolls" each of the two places it appears, and (3) by
inserting "and reconstruction" immediately after "construction".
(b) Subsection (b) of such section 143 is amended to read as follows:
"(b) The Secretary of Transportation is authorized to approve as a
project on the Interstate System the construction of an additional lane
in each direction on route I-90 between exits 24 and 251/2 on condition
that all lanes on I-90 between exits 24 and 26 are free of tolls for
I-88 traffic.".
SEC. 14. Section 144 of the Federal-Aid Highway Act of 1978 (Public
Law 95 - 599) // 92 Stat. 2713. 23 USC 109. // is amended by adding at
the end thereof the following new subsection:
"(d) This section shall not apply to the Commonwealth of Puerto
Rico.".
SEC. 15. Section 147 of the Federal-Aid Highway Act of 1978 (Public
Law 95 - 599) // 92 Stat. 2714. 23 USC 144. // is amended by inserting
immediately after the fourth sentence of such section the following new
sentence: " Such additional funds as may be necessary to complete the
projects shall be set aside for such purpose from the amount authorized
for the fiscal year ending September 30, 1981, by section 202(6) of the
Highway Safety Act of 1978, // 92 Stat. 2727. // before any
apportionment of such amount under section 144(e) of title 23, United
States Code, and such funds shall be available for obligation in the
same manner and to the same extent as funds set aside under authority of
the preceding sentence.".
SEC. 16. (a) The first sentence of section 164 of the Federal-Aid
Highway Act of 1978 (Public Law 95 - 596) // 92 Stat. 2721. 23 USC 129.
// is amended by striking out "toll".
(b) The second sentence of such section 164 is amended by striking
out "portions which remain free to public travel." and inserting in lieu
thereof "those portions which have not been incorporated into the
Interstate System; and also determine a method of allocating bonded
indebtedness between those portions of the Interstate System on which
tolls are collected and those portions which are toll free.".
(c) The third sentence of such section 164 is amended by striking out
"recommended" and inserting in lieu thereof "recommend".
SEC. 17. (a) Section 5(a)(2)(A) of the Urban Mass Transportation Act
of 1964 // 92 Stat. 2739. 49 USC 1604. // is amended by striking out
"subparagraph (C)" and inserting in lieu thereof "subparagraph (B)".
(b) The last subparagraph of paragraph (2) of subsection (a) of
section 5 of the Urban Mass Transportation Act of 1964 is amended by
striking out "(C)" and inserting in lieu thereof "(B)".
(c) The last sentence of section 5(a)(3)(A) of the Urban Mass
Transportation Act of 1964 is amended by striking out "capital" and
inserting in lieu thereof "construction".
(d) The third sentence of section 5(a)(4)(A) of the Urban Mass
Transportation Act of 1964 is amended by striking out "in the
construction of bus-related facilties", and inserting in lieu thereof
"and the construction of bus-related facilities".
SEC. 18. Section 119(b) of title 23, United States Code, // 92 Stat.
2698. // is amended by deleting the date " October 1st" in the second
sentence and inserting in lieu thereof the date " January 1st", and by
deleting "funds apportioned to such State for that fiscal year" in the
third sentence and inserting in lieu thereof "next apportionment of
funds to such State".
SEC. 19. Section 125(b) of title 23, United States Code, is amended
by inserting at the end of the first sentence the following new
sentence: " Notwithstanding any provision of this chapter actual and
necessary costs of maintenance and operation of ferryboats providing
temporary substitute highway traffic service, less the amount of fares
charged, may be expended from the emergency fund herein authorized on
the Federal-aid highway systems, including the Interstate System.".
SEC. 20. (a) Section 170(b) of the Surface Transportation Act of
1978 // 92 Stat. 2724. 42 USC 5904. // is amended by striking "one
year" and inserting in lieu thereof "eighteen months".
(b) Section 170(1) is amended to read as follows:
"(1) There is hereby authorized to be appropriated, to remain
available until expended, to the Commission not to exceed
$3,000,000 to carry out the purposes of this section.".
SEC. 21. Section 161(f) of the Federal-Aid Highway Act of 1973,
Public Law 93 - 87, // 87 Stat. 279. // is amended by inserting after
"managed" the following: "and maintained".
SEC. 22. (a) Section 204(h) of the Uranium Mill Tailings Radiation
Control Act of 1978 // Stat. 306. 42 USC 2021 // is amended by adding at
the end thereof the following new paragraph:
"(3) Notwithstanding any other provision of this title, where a State
assumes or has assumed, pursuant to an agreement entered into under
section 274 b. of the Atomic Energy Act of 1954, // 42 USC 2021. //
authority over any activity which results in the production of byproduct
material, as defined in section 11 e. (2) of such Act, // 92 Stat. 3033.
42 USC 2014. // the Commission shall not, until the end of the
three-year period beginning on the date of the enactment of this Act,
have licensing authority over such byproduct material produced in any
activity covered by such agreement, unless the agreement is terminated,
suspended, or amended to provide for such Federal licensing. If, at the
end of such three-year period, a State has not entered into such an
agreement with respect to byproduct material, as defined in section 11
e. (2) of the Atomic Energy Act of 1954, the Commission shall have
authority over such byproduct material.".
(b) Section 204(h)(1) of the Uranium Mill Tailings Radiation Control
Act of 1978 is amended to read as follows:
"(h)(1) During the three-year period beginning on the date of the
enactment of this Act, notwithstanding any other provision of this
title, any State may exercise any authority under State law (including
authority exercised pursuant to an agreement entered into pursuant to
section 274 of the Atomic Energy Act of 1954) // 42 USC 2021. //
respecting (A) byproduct material, as defined in section 11 e. (2) of
the Atomic Energy Act of 1954, // 92 Stat. 3033. 42 USC 2014. // or (B)
any activity which results in the production of byproduct material as so
defined, in the same manner and to the same extent as permitted before
the date of the enactment of this Act, except that such State authority
shall be exercised in a manner which, to the extent practicable, is
consistent with the requirements of section 274 o. of the Atomic Energy
Act of 1954 (as added by section 204(e) of this Act). // 92 Stat. 3036.
42 USC 2021. // The Commission shall have the authority to ensure that
such section 274 o. is implemented by any such State to the extent
practicable during the three-year period beginning on the date of the
enactment of this Act. Nothing in this section shall be construed to
preclude the Commission or the Administrator of the Environmental
Protection Agency from taking such action under section 275 of the
Atomic Energy Act of 1954 // 92 Stat. 3039. 42 USC 2022. 42 USC 7911. 92
Stat. 3033. 42 USC 2113. // as may be necessary to implement title I of
this Act.".
(c) The last sentence of section 83 a. of the Atomic Energy Act of
1954 is amended to read as follows: " Any license which is in effect on
the effective date of this section and which is subsequently terminated
without renewal shall comply with paragraphs (1) and (2) upon
termination.".
(d) Section 204(e) of the Uranium Mill Tailings Radiation Control Act
of 1978 // 92 Stat. 3037 42 USC 2021. // is amended by adding after
paragraph (1) the following new paragraph:
"(2) The provisions of the amendment made by paragraph (1) of this
subsection (which adds a new subsection o. to section 274 of the Atomic
Energy Act of 1954) shall apply only to the maximum extent practicable
during the three-year period beginning on the date of the enactment of
this Act."
(e) Section 83(b)(1)(A) of the Atomic Energy Act of 1954 // 92 Stat.
3033. 42 USC 2113. // is amended--,
(1) by striking all that follows "transferred to--" down
through " Unless" and inserting in lieu thereof the following:
option of
such State,
unless"; and
(2) by striking "section 84 b." and inserting in lieu thereof
"section 81 of this Act".
// 42 USC 2111. //
SEC. 201. (a) That the State of Indiana (hereinafter referred to as
the " State"), acting by and through the Indiana State Highway
Commission, and the Indiana Toll Road Commission (hereinafter referred
to as the "commission") shall be free of all restrictions with respect
to the issuance of bonds or other obligations constituting a lien
against the East-West Toll Road in northern Indiana (Interstate Route
80/90) (hereinafter referred to as the "toll road") or payable out of
revenues derived from the toll road and with respect to the imposition,
collection, and use of tolls and other charges on the toll road
contained in title 23, United States Code, // 23 USC 101. // or in any
regulation or agreement under such title upon--,
(1) repayment to the Treasurer of the United States of the sum
of $1,936,894, which is the amount of Federal-aid highway funds
received for the construction of the interchanges connecting the
toll road with--,
(2) issuance of new bonds by the commission at such time and in
such principal amount as will provide bond proceeds available for
payment of costs of construction and acquisition of right of way
not less than the amount required to undertake and complete the
required construction and the required acquisition of right of
way, as defined in the subparagraphs (D) and (E) of this
paragraph, such issuance to be made subject to a trust indenture
which will be binding on the commission and will provide--,
acquisition
of right of way will be performed and that the funds
from the bond proceeds will be allocated sufficient to
perform
the required construction and the required acquisition
of right of way before any other commitment of the bond
proceeds (other than the refunding of outstanding bonds
and
payment of costs of issuance) is made;
proceeds
of the bonds issued in connection with the toll road
shall,
after payment of the costs of issuance, be used only
(i) for
payment of the costs, direct and indirect, of the
required
construction and the required acquisition of right of
way; (ii)
for the payment of the costs, direct and indirect, of
the
operation, maintenance, repair, and improvement of the
toll
road, including the construction of lane additions and
the
construction or modification of, and acquisition of
right of
way for interchanges; (iii) for the debt service,
payment, and
refunding of outstanding bonds, the proceeds of which
were
used for the construction of the toll road or any
improvement
thereto or for the refunding of such bonds; and (iv)
for
the payment to be made under paragraph (1) of this
section
and for the repayment to the State out of the proceeds
of the
sale of such new bonds of amounts required to be paid
by the
commission to the State under the provisions of
title 8,
article 15, chapter 2, section 20 of the Indiana Code
of 1971,
as amended to the date of enactment of this Act;
acquisition
of rights of way and preparation of final plans and
specifications for the required construction and that
it will
commence the required construction on or before
December
31, 1981, and that the commission will promptly begin
acquiring all the required acquisition of right of way
and will
commence acquiring such rights of way on or before
December
31, 1981;
the
executive authority of the city of Mishawaka, Indiana,
and
road;
trust
indenture provided herein) become available and after
consultation with the executive authority of the county
of Porter, and
Highway
20 in La Porte County, Indiana, sufficient for
placement
of a future interchange as construction funds
(other than proceeds of the bonds issued in connection
with the trust indenture provided for herein) become
available and after consultation with the executive
authority of the county of La Porte.
(b) The amount repaid to the United States under this title shall be
deposited to the credit of the appropriation for " Federal-Aid Highway
(Trust Fund)". Such repayment shall be credited to the unprogramed
balance of the Federal-aid highway funds of the same class last
apportioned to the State of Indiana. The amount so credited shall be in
addition to all other funds then apportioned to the State of Indiana and
shall be available for expenditure in accordance with the provisions of
title 23, United States Code. // 23 USC 101. //
Approved November 9, 1979.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 288 (Comm. on Public Works and Transportation).
SENATE REPORT No. 96 - 333 (Comm. on Environment and Public Works).
CONGRESSIONAL RECORD, Vol. 125 (1979):
July 9, considered and passed House.
Oct. 24, considered and passed Senate, amended.
Oct. 26, House concurred in certain Senate amendments, and in
Senate amendment No. 7 with an amendment.
Oct. 29, Senate agreed to House amendment.
PUBLIC LAW 96-105, 93 STAT, 794
Housing Administration
authorities, and for other purposes.
Resolved by the Senate and House of Representative of the United
States of America in Congress assembled,
SECTION 1. (a) Section 2(a) of the National Housing Act // 12 USC
1703. // is amended by striking out " November 1, 1979" in the first
sentence and inserting in lieu thereof " December 1, 1979".
(b) Section 217 of such Act // 12 USC 1715h. // is amended by
striking out " October 31, 1979" and inserting in lieu thereof "
November 30, 1979".
(c) Section 221(f) of such Act // 12 USC 1715l. // is amended by
striking out " October 31, 1979" in the fifth sentence and inserting in
lieu thereof " November 30, 1979".
(d) Section 235(m) of such Act // 12 USC 1715z. // is amended by
striking out " October 31, 1979" and inserting in lieu thereof "
November 30, 1979".
(e) Section 236(n) of such Act // 12 USC 1715z-1. // is amended by
striking out " October 31, 1979" and inserting in lieu thereof "
November 30, 1979".
(f) Section 244(d) of such Act // 12 USC 1715z-9. // is amended--,
(1) by striking out " October 31, 1979" in the first sentence
and inserting in lieu thereof " November 30, 1979"; and
(2) by striking out " November 1, 1979" in the second sentence
and inserting in lieu thereof " December 1, 1979".
(g) Section 245 of such Act // 12 USC 1715z-10. // is amended by
striking out " October 31, 1979" where it appears and inserting in lieu
thereof " November 30, 1979".
(h) Section 809(f) of such Act // 12 USC 1748h-1. // is amended by
striking out " October 31, 1979" in the second sentence and inserting in
lieu thereof " November 30, 1979".
(i) Section 810(k) of such Act // 12 USC 1748g-1. // is amended by
striking out " October 31, 1979" in the second sentence and inserting in
lieu thereof " November 30, 1979".
(j) Section 1002(a) of such Act // 12 USC 1749bb. // is amended by
striking out " October 31, 1979" in the second sentence and inserting in
lieu thereof " November 30, 1979".
(k) Section 1101(a) of such Act // 12 USC 1749aaa. // is amended by
striking out " October 31, 1979" in the second sentence and inserting in
lieu thereof " November 30, 1979".
SEC. 2. Section 3(a) of the Act entitled " An Act to amend chapter
37 of title 38 of the United States Code with respect to the veterans'
home loan program, to amend the National Housing Act with respect to
interest rates on insured mortgages, and for other purposes", approved
May 7, 1968, as amended (12 U.S.C. 1709-1), is amended by striking out "
November 1, 1979" and inserting in lieu thereof " December 1, 1979".
OF 1974
SEC. 3. Section 3(b) of the Emergency Home Purchase Assistance Act
of 1974 // 12 USC 1723e // is amended by striking out " November 1,
1979" and inserting in lieu thereof " December 1, 1979".
SEC. 4. Section 312(h) of the Housing Act of 1964 // 42 USC 1452b.
// is amended--,
(1) by striking out " October 31, 1979" and inserting in lieu
thereof " November 30, 1979"; and
(2) by striking out " November 1, 1979" and inserting in lieu
thereof " December 1, 1979".
SEC. 5. (a) Section 513 of the Housing Act of 1949 // 42 USC 1483.
// is amended by striking out " October 31, 1979" where it appears in
clauses (b), (c), and (d) and inserting in lieu thereof " November 30,
1979".
(b) Section 515 of such Act // 42 USC 1485. // is amended by
striking out " October 31, 1979" where it appears in paragraph (b)(5)
and inserting in lieu thereof " November 30, 1979".
(c) Section 517(a)(1) of such Act // 42 USC 1487. // is amended by
striking out " October 31, 1979" and inserting in lieu thereof "
November 30, 1979".
(d) Section 523(f) of such Act // 42 USC 1490c. // is amended--,
(1) by striking out " November 1, 1979" where it appears in
paragraph (f) and inserting in lieu thereof " December 1, 1979";
and
(2) by striking out " October 31, 1979" where it appears in
such paragraph (f) and inserting in lieu thereof " November 30,
1979".
Approved November 8, 1979.
LEGISLATIVE HISTORY:
CONGRESSIONAL RECORD, Vol. 125 (1979):
Oct. 29, considered and passed Senate.
Nov. 7, considered and passed House, amended; Senate agreed to
House amendments.
PUBLIC LAW 96-104, 93 STAT, 789
agricultural loans, notwithstanding
interest limitations in State constitutions or
statues, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That titles II and III
of the Act entitled " An Act to authorize the regulation of interest
rates payable on obligations, issued by affiliates of certain depository
institutions, and for other purposes", approved October 29, 1974 (Public
Law 93 - 501; 88 Stat. 1557), // 12 USC 85, 371b - 1, 371b - 1 note,
1425b, 1730e, 1828, 1831a 1831a 15 USC 687. // are hereby repealed,
except that--,
(1) the amendments made by title II of such Act and the
provisions of such title shall apply to any loan made in any State
during the period specified in section 206 of such Act;
// 12 USC 5 //
and
(2) the amendments made by title III of such Act
// 12 USC 85 //
shall apply to any doposit made or obligation issued in any State
during the period specified in section 304 of such Act.
SEC. 101. Section 5197 of the Revised Statutes, as amended (12 U.S.
C. 85), is amended by inserting in the first and second sentences before
the phrase "whichever may be the greater", the following: "or in the
case of business or argiultural loans in the amount of $25,000 or more,
at a rate of 5 per centum in excess of the discount rate on ninety-day
commercial paper in effect at the Federal Reserve bank in the Federal
Reserve district where the bank in located,".
SEC. 102. The Federal Deposit Insurance Act (12 U.S.C. 1811 - 1831)
is amended by inserting after section 23 the following new section:
SEC. 24.
// 12 USC 1831a. // (a) In order to prevent discrimination against
Statechartered insured bank with respect to interest rates, if the
applicable rate prescribed in this subsection exceeds the rate such
State bank would be permitted to charge in the absence of this
subsection, a Ststate bank may in the case of business or agricultural
loans in the amount of $25,000 or more, notwithstanding any State
constitution or statue, which is hereby preempted for the purposes of
this section, take, receive, reserve, and charge on any loan or discount
made, or upon any note, bill of exchange, or other evidence of debt,
interest at a rate of not more than 5 per centum in excess of the
discount rate on ninety-day commercial paper in effect at the Federal
Reserve bank in the Federal Reserve district where the bank is located,
and such intreset may be taken in advance, reckoning the days for which
the note, bill, or other evidence of debt has to run.
"(b) the rate prescribed in subsection (a) exceeds the rate such
State bank would be permitted to charge in the absence of this
pagagraph, and such State fixed rate is thereby preempted by the rate
described in subsection (a), the taking, receiving, or charging a
greater rate of interest than is allowed by subsection (a) when
knowingly done, shall be deemed a forfeiture of the entire interest
which the note, bill, or other evidence of debt carries with it, or
which has been agreed to be paid thereon. If such greater rate of
intrest has been paid, the person who paid it may recover in a civil
action commenced in a court of appropriate jurisdiction not later than
two years after the date of such payment, an amount equal to twice the
amount of the interest paid from the State bank taking or receiving such
interest."
SEC. 103. Title IV of the National Housing Act (12 u.s.c. 1724 -
1730f) is amended by inserting after section 411 the following new
section:
"SEC.412. // 12 U.S.C. 1730e. // (a) If the applicable rate
prescribed in this section exceeds the rate an insured institution would
be permitted to charge in the absence of this section, such institution
may in the case of business or agricultural loans in the amount of
$25,000 or more, notwithstanding any State constitution or statute,
which is hereby preempted for the purposes of this section, take,
receive, reserve, and charge on any loan or discount made, or upon any
note, bill of exchange, or other evidence of debt, interest at a rate of
not more than 5 per centum in excess of the discount rate on ninety-day
commercial paper in effect at the Federal Reserve bank in the Federal
Reserve district where the institution is located, and such interest may
be taken in advance, reckoning the days for which the note, bill, or
other evidence of debt has to run.
"(b) If the rate prescribed in subsection (a) exceeds the rate such
institution would be permitted to charge in the absence of this section,
and such State fixed rate is thereby preempted by the rate described in
subsection (a), the taking, receiving, reserving, or charging a greater
rate of interest than that prescribed by susection (a), when knowingly
done, shall be deemed a forfeiture of the entire interest which the
note, bill, of debt carries with it, or which has been agreed to be paid
thereon. If such greater rate of interest has been paid, the person who
paid it may recover, in a civil action commenced in a court of
appropiate jurisdiction not later twice the amount of the interest paid
from the institution taking or receiving such interst."
SEC. 104. Subsection (h) of section 308 of the Small Business
Investment Act of 1958 // 15 USC 6687 // is amended to read as follows:
"(h)(1) The purposes of this subsection is to facilitate the orderly
and necessary flow of long-term loans and equity funds from small
business investment compaines to small business concerns.
"(2) In the case of a business loan the principal amount of which is
$25,000 or more, the small business investment company making such loan
may charge interest on such loan at a rate which does not exceed the
lowest of the rates described in subparagraphs (A), (B), and (C).
"(a) The rate described in this subparagraph is the maximum
rate prescribed by regulation by the by the Small Business
Administration for loans made by any small business investment
company (determined without regard to any State rate incorporate
by
such regulation).
"(B) the rate described in this subparagraph is the maximum
rate authorized by an applicable State law which is not preempted
for purposes of this subsection.
"(C)(i) The rate described in this subparagraph is the higher
of the Federal Reserve rate or the maximum rate authorized by
applicable State law (determined without regard to the preemption
of such State law).
"(ii) For purposes of clause (i), the term ' Federal Reserve
rate' means the rate equal to the sum of 5 percentage points plus
the discount rate on 90-day commercial paper in effect at the
Federal Reserve bank in the Federal Reserve district in which the
princial office of the small business investment company is
located.
"(iii) The rate described in this subparagraph shall not apply
to loan made in a State if there is no maximum rate authorized by
applicable State law for such loans or there is a maximum rate
authorized by an applicable State law which is not preempted for
purposes of this subsection.
"(3) A State law shall be preempted for purposes of paragraph (2)(B)
with respect to any loan if such loan is made before the earliest of--,
"(A) July 1, 1981;
"(B) the date, after the date of the enactment of this
pargraph, on which such State adopts a law stating in substance
that such State does not want this subsection to apply with
respect to loans made in such State; or "(C) the date on which
such State certifies that the voters of such States, after the
date of the enactment of this paragraph, have voted in favor of,
or to retain, any law, provision of the constitution of such
State, or amendment to the constitution of such State which
prohibits the charging of interest at the rates provided in this
subsection.
"(4)(A) If the maximum rate of interest authorized under paragraph
(2) on any loan made by a small business investment company exceeds the
rae which would be authorized by applicable State law if such State law
were not preempted for purposes of this subsection, the charging of
interest at any rate in excees of the rate authorized by paragraph (2)
shall be deemed a forfeiture of the greater of (i) all interest which
the loan carries with it, or (ii) all interest which has been agreed to
be paid thereon.
"(B) In the case of any loan with respect to which there is a
forfeiture of interest under subparagraph (A), the person who paid the
interest may recover from a small business investment company making
such loan an amount equal to twice the amount of the interest paid on
such loan. Such interest may be recovered in a civil action commenced
in a court of appropriate jursdiction not later than 2 years after the
most recent payment of interest.".
SEC. 105. // 12 USC 86a // (a) In order to prevent discrimination
against any financial institution chartered pursuant to the statutes of
the United States with respect to interest rates, if the applicable rate
prescribed in this section exceeds the rate such federally chartered
financial institution would be permitted to charge in the absence of
this section, the federally chartered financial institution may in the
case of business or agricultural loans in the amount of $25,000 or more,
notwithstanding any State constitution or statute, which is hereby
preempted for the purposes of this section, take, receive, reserve, and
charge on any loan, interest at a rate of not more than 5 per centum in
excess of the discount rate on ninety-day commercial paper in effect at
the Federal Reserve bank in the Federal Reserve district where the
federally chartered financial institution is located.
(b) If the rate prescribed in subsection (a) exceeds the rate such
federally chartered financial institution would be permitted to charge
in the absence of this section, and such State fixed rate is thereby
preempted by the rate described in subsection (a), the taking,
receiving, reserving, or charging a greater rate than is allowed by
subsection (a), when knowingly done, shall be deemed a forfeiture of the
entire interest which the loan carries with it, or which has been agreed
to be paid thereon. If such greater rate of interest has been paid, the
person who paid it may recover, in a civil action commenced in a court
of appropriate jurisdiction not later than two years after the date of
such payment, an amount equal to twice the amount of interest paid from
the federally chartered financial institution taking or receiving such
interest.
SEC. 106. If any provision of this title // 12 USC 1831a // or tha
application of such provision to any person or circumstance shall be
held invalid, the remainder of the title and the application of such
provision to any person or circumstance other than that as to which it
is held invalid shall not be affected thereby.
SEC. 107. The amendments made by this title // 12 USC 1831a // and
the provisions of this title shall apply only with respect to loans made
in any State during the period beginning on the date of the enactment of
this Act and ending on the earlier of--,
(1) July 1, 1981;
(2) the date, after the date of the enactment of this Act, on
which such State adopts a law stating in substance that such State
does not want the amendments made by this title and the provisions
of this title to apply with respect to loans made in such State;
or
(3) the date on which such State certifies that the voters of
such State, after the date of the enactment of this Act, have
voted in favor of, or to retain, any law, provision of the
constitution of such State, or amendment to constitution of such
State which prohibits the charging of interest at the rates
provided in the amendments made by title and the provisions of
this title.
SEC. 201. Section 19 of the Federal Reserve Act (12 U.S.C. 461 et
seq.) is amended by inserting after subsection (j) the following new
subsection:
"(k) No member bank or affiliate thereof, or any successor or
assignee of such member bank or affiliate or any endorser, guarantor, or
surety of such member bank or affiliate may plead, raise, or claim
directly or by counterclaim, setoff, or otherwise, with respect to any
deposit or obligation of such member bank or affiliate, any defense,
right, or benefit under any provision of a statute or constitution of a
State or a territory of the United States, or any law of the District of
Columbia, regulating or limiting the rate of interest which may be
charged, taken, received, or reserved, and any such provision is hereby
preempted, and no civil or criminal penalty which would otherwise be
applicable under such provision shall apply to such member bank or
affiliate or to any other person.".
SEC. 202. Section 18 of the Federal Despoist Insurance Act (12 U.S.
C. 1828) is amended by inserting after subsection (j) the following new
subsection:
"(k) No insured nonmember bank or affiliate thereof, or any successor
or assignee of such bank or affiliate or any endorser, guarantor, or
surety of such bank or affiliate may plead, raise, or claim, directly or
by counterclaim, setoff, or otherwise, with respect to any deposit or
obligation of such bank or affiliate, any defense, right, or benefit
under any provision of a statute or constitution of a State or of a
territory of the United States, or any law of the District of Columbia,
regulating or limiting the rate of interest which may be charged, taken,
received,or reserved, and any such provision is hereby preempted, and no
civil or criminal penalty which would otherwise be applicable under such
provision shall apply to such bank or affiliate or to any other
person.".
SEC. 203. SECTION 5b of the Federal Home Loan Bank Act (12 U.S.C.
1425b) is amended by inserting after subsection (d) the following new
subsection:
"(e) No member or nonmember association, institution, or bank or
affiliate thereof, or any successor or assignee, or any endorser
guarantor, or surety thereof may plead, raise, or claim, directly or by
counterclaim, setoff, or otherwise, with respect to any deposit or
obligation of such member or nonmember association, institution, bank,
or affiliate, any defense, right, or benefit under any provision of a
statute or constitution of a State or of a territory of the United
States, or of any law of the District of Columbia, regulating or
limiting the rate of interest which may be charged, taken, received, or
reserved, and any such provision is hereby preempted, and no civil or
criminal penalty which would otherwise be applicable under such
provision shall apply to such member or nonmember association,
institution, bank, or affiliate or to any other person.".
SEC. 204. The amendments made by this title // 12 USC 371b-1 //
shall apply only with respect to deposits made or obligations issued in
any State during the period beginning on the date of the enactment of
this Act and ending on the earlier of--,
(1) July 1, 1981;
(2) the date, after the date of the enactment of this Act, on
which such State adopts a law stating in substance that such State
does not want the amendments made by this title to apply with
respect to such deposits and obligations; or
(3) the date on which such State certifies that the voters of
such State, after the date of the enactment of this Act, have
voted in favor of, or to retain, any law, provision of the
constitution of such State, or amendment to the constitution of
such State which limits the amount of interest which may be
charged in connection with such deposits and obligations.
SEC. 301. This Act // 12 USC 86a // shall applu only in those States
having a constitutional provision which provides that all contrats for a
greater rate of interest than 10 per centum per annum shall be void, as
to prinicpal and interest.
Approved November 5, 1979.
LEGISLATIVE HISTORY:
SENATE REPORT No. 96 - 364 (Comm. on Banking, Housing, and Urban
Affairs).
CONGRESSIONAL RECORD, Vol. 125 (1979):
Sept. 24, considered and passed House.
Oct. 12, considered and passed Senate, amended.
Nov. 1, House concurred in Senate, amendment.
PUBLIC LAW 96-103, 93 STAT, 771, DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT-INDEPENDENT AGENCIES APPROPRIATIONS ACT, 1980
Urban Development,
and for sundry independent agencies, boards,
commissions, corporations, and
offices for the fiscal year ending September 30, 1980,
and for other purposes.
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 Department of Housing and Urban Development, and
for sundry independent agencies, boards, commissions, corporations, and
offices for the fiscal year ending September 30, 1980, and for other
purposes, namely:
The amount of contracts for annual contributions, not otherwise
provided for, as authorized by section 5 of the United States Housing
Act of 1937, as amended (42 U.S.C. 1437c), and heretofore approved in
annual appropriations acts, is increased by $1,140,661,000 of which not
less than nor more than $50,000,000 shall be for the modernization of
existing low-income housing projects: Provided, That budget authority
obligated under such contracts shall be increased above amounts
heretofore provided in annual appropriations acts by $26,680,128,000:
Provided further, That any balances of authorities remaining at the end
of fiscal year 1979 shall be added to and merged with the authority
provided herein and made subject only to terms and conditions of law
applicable to authorizations becoming available in fiscal year 1980.
The limitation otherwise applicable to the maximum payments that may
be required in any fiscal year by all contracts entered into under
section 101 of the Housing and Urban Development Act of 1965 (12 U.S.C.
1701s), is reduced in fiscal year 1980 by the uncommitted balances of
authorizations provided for this purpose in Appropriation Acts.
For the payment of annual contributions, not otherwise provided for,
in accordance with section 5 of the United States Housing Act of 1937,
as amended (42 U.S.C. 1437c); for payments authorized by title IV of
the Housing Act of 1950, as amended (12 U.S.C. 1749 et seq.); for rent
supplement payments authorized by section 101 of the Housing and Urban
Development Act of 1965, as amended (12 U.S.C. 1701s); and for payments
as authorized by sections 235 and 236 of the National Housing Act, as
amended (12 U.S.C. 1715z, 1715z-1), $5,529,000,000.
The limitation on the aggregate loans that may be made under section
202 of the Housing Act of 1959, as amended (12 U.S.C. 1701q), from the
fund authorized by subsection (a)(4) of such section, is increased by
$830,000,000, together with any portion of loan limitations established
for fiscal years beginning after June 30, 1975 which was not
administratively committed or which becomes uncommitted, in accordance
with paragraph (C) of such subsection, which funds shall be available
only to qualified nonprofit sponsors for the purpose of providing 100
per centum loans for the development of housing for the elderly or
handicapped, with any cash equity or other financial commitments imposed
as a condition of loan approval to be returned to the sponsor if
sustaining occupancy is achieved in a reasonable period of time:
Provided, That the full amount shall be available for permanent
financing (including construction financing) for housing projects for
the elderly or handicapped: Provided further, That the Secretary may
borrow from the Secretary of the Treasury in such amounts as are
necessary to provide the loans authorized herein: Provided further,
That, notwithstanding any other provision of law, the receipts and
disbursements of the aforesaid fund shall be included in the totals of
the Budget of the United States Government.
For contracts with and payments to public housing agencies and
nonprofit corporations for congregate services programs as authorized by
the Congregate Housing Services Act of 1978, // 92 Stat. 2104. 42 USC
8001. // $10,000,000 to remain available until September 30, 1984.
PROJECTS
For payments to public housing agencies for operating subsidies for
low-income housing projects as authorized by section 9 of the United
States Housing Act of 1937, as amended (42 U.S.C. 1437g), $741,500,000.
For assistance payments to owners of eligible multifamily housing
projects insured, or formerly insured, under the National Housing Act,
as amended, in the program of operating subsidies for troubled
multifamily housing projects under the Housing and Community
Developement Amendments of 1978, // 92 Stat. 2080. 42 USC 5301. //
$79,500,000, together with any excess rental charges collected after
September 30, 1977, to remain availabe until September 30, 1981:
Provided, That assistance payments to an owner of a multifamily housing
project assisted, but not insured, under the National Housing Act may be
made if the project owner and the mortgagee have provided or agreed to
provide assistance to the project in a manner as determined by the
Secretary of Housing and Urban Development.
For payment to cover losses, not otherwise provided for, sustained by
the Special Risk Insurance Fund and the General Insurance Fund,
$194,850,000, to remain available until expended, as authorized by the
National Housing Act, as amended (12 U.S.C. 1715z-3(b) and 1735c(f).
The aggregate amount of commitments for loans made from the fund
established pursuant to title IV of the Housing Act of 1950, as amended
(12 U.S.C. 1749), for the fiscal year 1980 shall not exceed the total of
loan repayments and other income available during such period, less
operating costs.
The aggregate amount of purchases and commitments authorized to be
made pursuant to section 305 of the National Housing Act, as amended (12
U.S.C. 1720), is further increased by $2,000,000,000, which shall be out
of recaptured Special Assistance Purchase authority.
For the payment of such insufficiencies as may be required by the
Government National Mortgage Association, as trustee, on account of
outstanding beneficial interests or participations in assets of the
Department of Housing and Urban Development (including the Government
National Mortgage Association) authorized by the Independent Offices and
Department of Housing and Urban Development Appropriation Act, 1968, //
81 Stat. 341. // to be issued pursuant to section 302(c) of the Federal
National Mortgage Association Charter Act, as amended (12 U.S.C. 1717),
$16,971,000.
For grants to States and units of general local government and for
related expenses, not otherwise provided for, necessary for carrying out
a community development grant program as authorized by title I of the
Housing and Community Development Act of 1974, as amended (42 U.S. C.
5301), $3,800,000,000, to remain available until September 30, 1982:
Provided, That not to exceed 20 per centum of any grant made pursuant to
section 103(a) of title I of the Housing and Community Development Act
of 1974, // 42 USC 5303. // as amended, shall be expended for "
Planning and Management Development" and " Administration" as defined in
regulations promulgated by the Department of Housing and Urban
Development.
For grants to units of general local government pursuant to section
103(b) of title I of the Housing and Community Development Act of 1974,
as amended (42 U.S.C. 5301), // 42 USC 5303. // $100,000,000, to remain
available until September 30, 1982.
For grants pursuant to section 103(c) of title I of the Housing and
Community Development Act of 1974, // 42 USC 5303. // as amended (42
U.S.C. 5301), $675,000,000, to remain available until September 30,
1982.
For grants as authorized by section 701 of the Housing Act of 1954,
as amended (40 U.S.C. 461), $42,500,000, to remain available until
expended.
For the revolving fund established pursuant to section 312 of the
Housing Act of 1964, as amended (42 US.C. 1452b), $135,000,000, together
with collections, unexpended balances of prior appropriations, and all
other amounts in the revolving fund which will be available on or after
September 30, 1979, to remain available until expended, for commitments
for loans and operating costs for fiscal year 1980.
For contracts, grants, and other assistances, not otherwise provided
for, for providing counseling and advice to tenants and home- owners--
both current and prospective--with respect to property maintenance,
financial management, and such other matters as may be appropriate to
assist them in improving their housing conditions and meeting the
responsibilities of tenancy or homeownership, including provisions for
training and for support of voluntary agencies and services as
authorized by section 106(a)(1)(iii) and section 106(a)(2) of the
Housing and Urban Development Act of 1968, // 12 USC 1701x. // as
amended, $9,000,000.
For contracts, grants, and other assistance, not otherwise provided
for, to neighborhood organizations as authorized by the Neighborhood
Self-Help Development Act of 1978 (42 U.S.C. 8121 - 8124), // 92 Stat.
2119. // $10,000,000, to remain available until September 30, 1981.
For contracts, grants, and necessary expenses of programs of research
and studies relating to housing and urban problems, not otherwise
provided for, as authorized by title V of the Housing and Urban
Development Act of 1970, as amended (12 U.S.C. 1701z-1 et seq.),
including carrying out the functions of the Secretary under section 1(
a)(1)(i) of Reorganization Plan No. 2 of 1968, // 49 USC 1608. //
$49,650,000, to remain available until September 30, 1981.
For contracts, grants, and other assistance, not otherwise provided
for, as authorized by title VIII of the Civil Rights Act of 1968, // 42
USC 3601. // as amended, $3,700,000, to remain available until
expended.
For necessary administrative and nonadministrative expenses of the
Department of Housing and Urban Development, not otherwise provided for,
including not to exceed $3,000 for official reception and representation
expenses, $539,307,000, of which $255,118,000 shall be provided from the
various funds of the Federal Housing Administration.
For necessary expenses, not otherwise provided for, of the American
Battle Monuments Commission, including the acquisition of land or
interest in land in foreign countries; purchases and repair of uniforms
for caretakers of national cemeteries and monuments outside of the
United States and its territories and possessions; rent of office and
garage space in foreign countries; purchase (four for replacement only)
and hire of passenger motor vehicles; and insurance of official motor
vehicles in foreign countries when required by law of such countries;
$7,603,000, of which $40,000 shall remain available until expended:
Provided, That where station allowance has been authorized by the
Department of the Army for officers of the Army serving the Army at
certain foreign stations, the same allowance shall be authorized for
officers of the Armed Forces assigned to the Commission while serving at
the same foreign stations, and this appropriation is hereby made
available for the payment of such allowance: Provided further, That
when traveling on business of the Commission, officers of the Armed
Forces serving as members or as secretary of the Commission may be
reimbursed for expenses as provided for civilian members of the *
commission: Provided further, That the Commission shall reimburse other
Government agencies, including the Armed Forces, for salary, pay, and
allowances of personnel assigned to it.
SALARIES AND EXPENSES
For necessary expenses of the Consumer Product Safety Commission,
including rent in the District of Columbia, hire of passenger motor
vehicles, services as authorized by 5 U.S.C. 3109, but at rates for
individuals not to exceed the per diem rate equivalent to the rate for
GS-18, and not to exceed $500 for official reception and representation,
$40,600,000: Provided, That funds provided by this appropriation for
laboratories shall be available only for the acquisition or conversion
of existing laboratories.
ARMY
For necessary expense, as authorized by law, of maintenance,
operation, and improvement of the cemetery at the Soldiers' and Airmen's
Home and Arlington National Cemetery, including the purchase of one
passenger motor vehicle, $8,326,000, to remain available until expended:
Provided, That reimbursement shall be made to the applicable military
appropriation for the pay and allowances of any military personnel
performing services primarily for the purposes of this appropriation.
For necessary expenses, not otherwise provided for, including hire of
passenger motor vehicles; hire, maintenance, and operation of aircraft;
uniforms, or allowances therefore, as authorized by 5 U.S.C. 5901 -
5902; services as authorized by 5 U.S.C. 3109, but at rates for
individuals not to exceed the per diem rate equivalent to the rate for
GS-18; purchase of reprints; library memberships in societies or
associations which issue publications to members only or at at a price
to members lower than to subscribers who are not members; and not to
exceed $3,000 for official reception and representation expenses,
$513,319,000.
For research and development activities, $233,568,000, to remain
available until September 30, 1981.
For abatement, control and compliance activities, $508,892,000, to
remain available until September 30, 1981.
For construction, repair, improvement, extension, alteration, and
purchase of fixed equipment of facilities of or used by the
Environmental Protection Agency, $1,425,000, to remain available until
expended.
For necessary expenses to carry out title II of the Federal Water
Pollution Control Act, // 33 USC 1281. 33 USC 1286, 1288, 1289. // as
amended, other than sections 206, 208, and 209, $3,400,000,000, to
remain available until expended, and for liquidation of obligations
incurred pursuant to auhority contained in section 203, // 33 USC 1283.
// $1,500,000,000, to remain available until expended.
For necessary expenses of the United States Regulatory Council,
including services as authorized by 5 U.S.C. 3109, $3,038,000.
Not to exceed 2 per centum of any appropriation made available to the
Environmental Protection Agency by this Act (except appropriations for "
Construction grants") may be transferred to any other such
appropriation.
For necessary expenses of the Council on Environmental Quality and
the Office of Environmental Quality, in carrying out their functions
under the National Environmental Policy Act of 1969 (Public Law 91 -
190), // 42 USC 4321. // the Environmental Quality Improvement Act of
1970 (Public Law 91 - 224), // 42 USC 4371 note. 5 USC. // and
Reorganization Plan No. 1 of 1977, including not to exceed $500 for
official reception and representation expenses, and hire of passenger
motor vehicles, $3,126,000.
For necessary expenses of the Office of Science and Technology
Policy, in carrying out the purposes of the National Science and
Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C.
6601 and 6671), hire of passenger motor vehicles, services as authorized
by 5 U.S.C. 3109, not to exceed $1,000 for official reception and
representation expenses, and rental of conference rooms in the District
of Columbia, $2,625,000.
For necessary expenses in carrying out the functions of the Disaster
Relief Act of 1970, as amended (42 U.S.C. 4401), the Disaster Relief Act
of 1974, as amended (42 U.S.C. 5202), and Reorganization Plan No. 3 of
1978, // 3 CFR 1978 // authorizing assistance to States and local
governments, $193,600,000, to remain available until expended.
For necessary expenses, not otherwise provided for, to carry out
civil defense and emergency preparedness activities, including
activities authorized by section 103 of the National Security Act (50
U.S.C. 404), the Strategic and Critical Materials Stock Piling Act (50
U.S.C. 98 - 98h-8), the Federal Civil Defense Act of 1950, as amended
(50 U.S.C. App. 2251 - 2297), and the Defense Production Act of 1950, as
amended (50 U.S.C. App. 2061 - 2166), $129,621,000 of which not to
exceed $37,100,000 shall be available for allocation under section 205
of the Federal Civil Defense Act of 1950, // 50 USC app. 2286. // as
amended.
For necessary expenses, not otherwise provided for, to carry out
activities under the National Flood Insurance Act of 1968, // 42 USC
4001 // as amended, the Flood Disaster Protection Act of 1973 (42 U.S.
C. Chap. 50), the Urban Property Protection Act of 1968, // 42 USC 4001
// as amended, the National Insurance Development Act of 1975 (12 U.S.
C. 1749 bbb), // 12 USC 1701 // the Disaster Relief Act of 1974 (42 U.
S.C. 5121 et seq.), the Earthquake Hazards Reduction Act of 1977 (42 U.
S.C. 7701 - 7706), the Federal Fire Prevention and Control Act of 1974,
as amended (15 U.S.C. 278f, 278q, and 2201 - 2219), the National Science
and Technology Policy, Organization, and Priorities Act of 1976 (42
U.S.C. 6601, 6671) and Reorganization Plan No. 3 of 1978, // 3 CFR 1978
Comp., p. 329. // including not to exceed $500 for official reception
and representation expenses, $118,709,000.
Appropriations contained in this Act for the Federal Emergency
Management Agency shall be available for hire of motor vehicles,
services as authorized by 5 U.S.C. 3109, and expenses of attendance of
cooperating officials and individuals at meetings concerned with the
work of emergency preparedness.
Appropriations contained in this Act for the Federal Emergency
Management Agency shall be available for the provision of transportation
in connection with the continuity of government program to the same
extent and in the same manner as permitted the Secretary of a Military
Department under 10 U.S.C. 2632.
For necessary expenses of the Consumer Information Center, including
services authorized by 5 U.S.C. 3109, $1,315,000: Provided, That this
appropriation shall be available hereafter, subject to reimbursement by
user agencies, for payment to the Government Printing Office for
distribution of free consumer information.
For necessary expenses of the Office of Consumer Affairs, including
services authorized by 5 U.S.C. 3109, $1,861,000.
For necessary expenses, not otherwise provided for, including
research, development, operations, services, minor construction,
maintenance, repair, rehabilitation and modification of real and
personal property; tracking and data relay satellite services as
authorized by law; purchase, hire, maintenance, and operation of other
than administrative aircraft, necessary for the conduct and support of
aeronautical and space research and development activities of the
National Aeronautics and Space Administration; and including not to
exceed $116,100,000 for Project Galileo and not to exceed $18,300,000
for space transportation system upper stages, without the approval of
the Committees on Appropriations, $3,807,500,000, to remain available
untile September 30, 1981.
For construction, repair, rehabilitation and modification of
facilities, minor construction of new facilities and additions to
existing facilities, and for facility planning and design not otherwise
provided, for the National Aeronautics and Space Administration, and for
the acquisition or condemnation of real property, as authorized by law,
$156,100,000, to remain available until September 30, 1982: Provided,
That, notwithstanding the limitation on the availability of funds
appropriated under this head by this appropriation Act, when any
activity has been initiated by the incurrence of obligations therefor,
the amount available for such activity shall remain available until
expended, except that this provision shall not apply to the amounts
appropriated pursuant to the authorization for repair, rehabilitation
and modification of facilities, minor construction of new facilities and
additions to existing facilities, and facility planning and design.
For necessary expenses of research in government laboratories,
management of programs and other activities of the National Aeronautics
and Space Administration, not otherwise provided for, including uniforms
or allowances therefor, as authorized by law (5 U.S.C. 5901 - 5902);
awards; hire, maintenance and operation of administrative aircraft;
purchase (not to exceed thirty-two for replacement only) and hire of
passenger motor vehicles; and maintenance and repair of real and
personal property, and not in excess of $75,000 per project for
construction of new facilities and additions to existing facilities,
repairs, and rehabilitation and modification of facilities;
$959,900,000: Provided, That contracts may be entered into under this
appropriation for maintenance and operation of facilities, and for other
services, to be provided during the next fiscal year: Provided further,
That not to exceed $25,000 of the foregoing amount shall be available
for scientific consultations or extraordinary expense, to be expended
upon the approval or authority of the Administrator and his
determination shall be final and conclusive.
For necessary expenses of the National Commission on Air Quality as
authorized by the Clean Air Act Amendments of 1977 (42 U.S.C. 7623 and
7626), including services as authorized by 5 U.S.C. 3109, and not to
exceed $145,000 for travel expenses, $5,500,000.
For necessary administrative expenses and technical assistance of the
National Consumer Cooperative Bank, including the Office of Self-Help
Development and Technical Assistance, as authorized by sections 112 and
209 of the National Consumer Cooperative Bank Act (12 U.S.C. 3022 and
3049), // 92 Stat. 510, 513. // $7,950,000: Provided, That none of
these funds shall be used to retire any of the indebtedness of the
National Consumer Cooperative Bank.
For advances by the Office of Self-Help Development and Technical
Assistance as authorized by section 202 of the National Consumer
Cooperative Bank Act (12 U.S.C. 3042), // 92 Stat. 511. // $17,000,000,
to remain available until September 30, 1981.
The amount which may be borrowed, from the public or any other source
except the Secretary of the Treasury, by the Central Liquidity Facility
as authorized by the National Credit Union Central Liquidity Facility
Act (12 U.S.C. 1795), // 92 Stat. 3719. // shall not exceed
$300,000,000: Provided, That administrative expenses of the Central
Liquidity Facility in fiscal year 1980 shall not exceed $1,756,000.
For necessary expenses of the National Institute of Building Sciences
as authorized by section 809 of the Housing and Community Development
Act of 1974, as amended (12 U.S.C. 1701j-2), $750,000.
For necessary expenses in carrying out the purposes of the National
Science Foundation Act of 1950, as amended (42 U.S.C. 1861 - 1875),
title IX of the National Defense Education Act of 1958 (42 U.S.C. 1876 -
1879), and the Act to establish a National Medal of Science (42 U.S. C.
1880 - 1881); services as authorized by U.S.C. 3109; maintenance and
operation of aircraft and purchase of flight services for research
support; hire of passenger motor vehicles; not to exceed $2,500 for
official reception and representation expenses; not to exceed
$58,100,000 for program development and management; uniforms or
allowances therefore, as authorized by law (5 U.S.C. 5901 - 5902);
rental of conference rooms in the District of Columbia; and
reimbursement of the General Services Administration for security guard
services; $906,050,000, to remain available until September 30, 1981:
Provdied, That not more than $60,900,000 shall be available for Applied
Science and Research Applications: Provided further, That receipt for
scientific support services and materials furnished by the National
Research Centers and other National Science Foundation supported
research facilities may be credited to this appropriation: Provided
further, That to the extent that the amount appropriated is less than
the total amount authorized to be appropriated for included program
activities, all amounts, including floors and ceilings, specified in the
authorizing Act for those program activities or their subactivities
shall be reduced proportionally: Provided further, That if an
institution of higher education receiving funds hereunder determines
after affording notice and opportunity for hearing to an individual
attending, or employed by, such institution, that such individual has,
after the date of enactment of this Act, willfully refused to obey a
lawful regulation or order of such institution and that such refusal was
of a serious nature and contributed to the disruption of the
administration of such institution, then the institution shall deny any
further payment to, or for the benefit of, such individual.
For necessay expenses in carrying out science education programs and
activities pursuant to the purposes of the National Science Foundation
Act of 1950, as amended (42 U.S.C. 1861 - 1875), including award of
graduate fellowships, services as authorized by 5 U.S.C. 3109, and
rental of conference rooms in the District of Columbia, $84,700,000:
Provided, That to the extent that the amount of this appropriation is
less than the total amount authorized to be appropriated for included
program activities, all amounts, including floors and ceilings,
specified in the authorizing Act for those program activities or their
subactivities shall be reduced proportionally.
CURRENCY
PROGRAM)
For payments in foreign currencies which the Treasury Department
determines to be excess to the normal requirements of the United States,
for scientific activities, as authorized by law, $5,500,000, to remain
available until September 30, 1981: Provided, That this appropriation
shall be available in addition to other appropriations to the National
Science Foundation, for payments in the foregoing currencies.
For payment to the Neighborhood Reinvestment Corporation for use in
neighborhood reinvestment activities, as authorized by the Neighborhood
Reinvestment Corporation Act (42 U.S.C. 8101 - 8107), // 92 Stat. 2115.
42 USC 8101. // $12,000,000.
For necessary expenses of the Selective Service System, including
expenses of attendance at meetings and of training for uniformed
personnel assigned to the Selective Service System, as authorized by law
(5 U.S.C. 4101 - 4118) for civiliam employees; and not to exceed $500
for official reception and representation expenses; $7,830,000:
Provided, That during the current fiscal year, the President may exempt
this appropriation from the provisions of subsection (c) of section 3679
of the Revised Statutes, // 31 USC 665. // as amended, whenever he
deems such action to be necessary in the interest of national defense:
Provided further, That none of the funds appropriated by this Act may be
expended for or in connection with the induction of any person into the
Armed Forces of the United States.
ASSISTANCE
TRUST FUND
For payments to the State and Local Government Fiscal Assistance
Trust Fund, as authorized by the State and Local Fiscal Assistance Act
of 1972, as amended (31 U.S.C. 1221 - 1263), $6,854,924,000.
For necessary expenses in the OFFICE of REVENUE SHARING, including
the hire of passenger motor vehicles, $6,237,000.
For necessary administrative expenses as authorized by the New York
City Loan Guarantee Act of 1978, // 92 Stat. 460, 914. 31 USC 1521. //
(Public Law 95 - 415), $1,022,000.
For the purchase of class A stock issued by the National Consumer
Cooperative Bank as authorized by section 104 of the National Consumer
Cooperative Bank Act (12 U.S.C. 3014), // 92 Stat. 503. // $49,050,000,
to remain available until September 30, 1981: Provided, That such
amount shall also be the limit on the aggregate amount of commitments by
the Bank to make or to guarantee loans in accordance with section 108 of
the Act (12 U.S.C. 3018). // 92 Stat. 508. //
For the payment of compensation, pensions, gratuities, and
allowances, including burial awards, plot allowances, burial flags,
headstones and grave markers, emergency and other officers' retirement
pay, adjusted-service credits and certificates, and other benefits as
authorized by law; and for payment of premiums due on commercial life
insurance policies guaranteed under the provisions of article IV of the
Soldiers' and Sailors' Civil Relief Act of 1940, // 50 USC app. prec.
540. // as amended, $11,201,800,000, to remain available until
expended.
For the payment of readjustment and rehabilitation benefits to or on
behalf of veterans as authorized by law (38 U.S.C. chapters 21, 31, 32,
34 - 36 and 39), // 38 USC 801, 1501, 1601, 1651 - 1770, 1901. //
$2,278,535,000, to remain available until expended.
For military and naval insurance, national service life insurance,
servicemen's indemnities, and service-disabled veterans insurance,
$5,400,000, to remain available until expended.
For necessary expenses for the maintenance and operation of
hospitals, nursing homes, and domiciliary facilities; for furnishing,
as authorized by law, inpatient and outpatient care and treatment to
beneficiaries of the Veterans Administration, including care and
treatment in facilities not under the jurisdiction of the Vertans
Administration, and furnishing recreational facilities, supplies and
equipment; funeral, burial and other expenses incidental thereto for
beneficiaries receiving care in Veterans Administration facilities;
repairing, altering, improving or providing facilities in the several
hospitals and homes under the jurisdiction of the Veterans
Administration, not otherwise provided for, either by contract or by the
hire of temporary employees and purchase of materials; uniforms or
allowances therefor, as authorized by law (5 U.S.C. 5901 - 5902); and
aid to State homes as authorized by law (38 U.S.C. 641);
$5,683,700,000, plus reimbursements.
For necessary expenses in carrying out programs of medical and
prosthetic research and development, as authorized by law, to remain
available until September 30, 1981, $122,847,000, plus reimbursements.
EXPENSES
For necessary expenses in the administration of the medical,
hospital, domiciliary, construction and supply, research, employee
education and training activities, as authorized by law, and for
carrying out the provisions of section 5055, title 38, United States
Code, relating to pilot programs and grants for exchange of medical
information, $47,606,000, plus reimbursements.
For necessary operating expenses of kthe Veterans Administration, not
otherwise provided for, including uniforms or allowances therefor, as
authorized by law; not to exceed $3,000 for official reception and
representation expenses; cemeterial expenses as authorized by law,
purchase of twelve passenger motor vehicles, for use in cemeterial
operations, and hire of passenger motor vehicles; and reimbursement of
the General Services Administration for security guard services, and the
Department of Defense for cost of overseas employee mail; $587,392,000.
For constructing, altering, extending and improving any of the
facilities under the jurisdiction or for the use of the Veterans
Administration, or for any of the purposes set forth in sections 1004,
1006, 5001, 5002 and 5004 of title 38, United States Code, including
planning, architectural and engineering services, and site acquisition,
where the estimated cost of a project is $1,000,000 or more,
$317,292,000, to remain available until expended: Provided, That,
except for advance planning of projects funded through the Advance
Planning Fund, none of these funds shall be used for any project which
has not been considered and approved by the Congress in the budgetary
process.
For constructing, altering, extending, and improving any of the
facilities under the jurisdiction or for the use of the Veterans
Administration, including planning, architectural and engineering
services, and site acquisition, or for any of the purposes set forth in
sections 1004, 1006, 5001, 5002 and 5004 of title 38, United States
Code, where the estimated cost of a project is less than $1,000,000,
$72,633,000, to remain available until expended: Provided, That not
more than $23,230,000 shall be available for expenses of the Office of
Construction.
FACILITIES
For grants to assist the several States to construct State nursing
home and domiciliary facilities and to remodel, modify or alter existing
hospital, nursing home and domiciliary facilities in State homes, for
furnishing care to veterans, as authorized by law (38 U.S.C. 5031 -
5037), $7,500,000, to remain available until September 30, 1982.
CEMETERIES
For grants to aid States in establishing, expanding or improving
State veterans' cemeteries as authorized by law (Public Law 95 - 476,
sec. 202), // 92 Stat. 1503. 38 USC 902. // $5,000,000, to remain
available until September 30, 1982.
For payment to the Republic of the Philippines of grants as
authorized by law (38 U.S.C. 631 - 634), $1,350,000, of which $50,000
for hospital equipment, plant, and facilities rehabilitation grants
shall remain available until expended.
During the current fiscal year, the Loan guaranty revolving fund
shall be available for expenses for property acquisitions, payment of
participation sales insufficiencies, and other loan guaranty and
insurance operations under chapter 37, title 38, United States Code, //
38 USC 1801. // except administrative expenses, as authorized by
section 1824 of such title: Provided, That the unobligated balances
including retained earnings of the Direct loan revolving fund shall be
available, during the current fiscal year, for transfer to the Loan
guaranty revolving fund in such amounts as may be necessary to provide
for the timely payment of obligations of such fund and the Administrator
of Veterans Affairs shall not be required to pay interest on amounts so
transferred after the time of such transfer.
Not to exceed 5 per centum of any appropriation for the current
fiscal year for " Compensation and pensions", " Readjustment benefits",
and " Veterans insurance and indemnities" may be transferred to any
other of the mentioned appropriations, but not to exceed 10 per centum
of the appropriations so augmented.
Appropriatins available to the Veterans Administration for the
current fiscal year for salaries and expenses shall be available for
services as authorized by 5 U.S.C. 3109.
No part of the appropriations in this Act for the Veterans
Administration (except the appropriations for " Construction, major
projects" and " Construction, minor projects") shall be available for
the purchase of any site for or toward the construction of any new
hospital or home.
No part of the foregoing appropriations shall be available for
hospitalization or examination of any persons except beneficiaries
entitled under the laws bestowing such benefits to veterans, unless
reimbursement of cost is made to the appropriation at such rates as may
be fixed by the Administrator of Veterans Affairs.
Corporations and agencies of the Department of Housing and Urban
Development and the Federal Home Loan Bank Board which are subject to
the Government Corporation Control Act, // 31 USC 841. // as amended,
are hereby authorized to make such expenditures, within the limits of
funds and borrowing authority available to each such corporation or
agency and in accord with law, and to make such contracts and
commitments without regard to fiscal year limitations as provided by
section 104 of the Act // 31 USC 849. // as may be necessary in
carrying out the programs set forth in the budget for the current fiscal
year for such corporation or agency except as hereinafter provided:
Provided, That collections of these corporations and agencies may be
used for new loan or mortgage purchase commitments only to the extent
expressly provided for in this Act (unless such loans are in support of
other forms of assistance provided for in this or prior appropriation
Acts), except that this proviso shall not apply to the mortgage
insurance or guaranty operations of these corporations, or where loans
or mortgage purchases are necessary to protect the financial interest of
the United States Government.
LOAN BANK
BOARD
Not to exceed a total of $18,359,000 shall be available for
administrative expenses of the Federal Home Loan Bank Board, which may
procure services as authorized by 5 U.S.C. 3109, and contracts for such
services with one organization may be renewed annually,and uniforms or
allowances therefor in accordance with law (5 U.S.C. 5901 - 5902), and
said amount shall be derived from funds available to the Federal Home
Loan Bank Board, including those in the Federal Home Loan Bank Board
revolving fund and receipts of the Board for the current fiscal year and
prior fiscal years, and the Board may utilize and may make payment for
services and facilities of the Federal home loan banks, the Federal
Reserve banks, the Federal Savings and Loan Insurance Corporation, the
Federal Home Loan Mortgage Corporation, and other agencies of the
Government (including payment for office space): Provided, That all
necessary expenses in connection with the conservatorship or liquidation
of institutions insured by the Federal Savings and Loan Insurance
Corporation, liquidation or handling of assets of or derived from such
insured institutions, payment of insurance, and action for or toward the
avoidance, termination, or minimizing of losses in the case of such
insured institutions, or activities relating to section 5 A(f) or 6(i)
of the Federal Home Loan Bank Act, // 12 USC 1425a, 1426. 12 USC 1464.
15 USC 78l. 12 USC 1729 - 1730. // section 5(d) of the Home Owners'
Loan Act of 1933, section 12(i) of the Securities Exchange Act of 1934,
or section 406(c), 407, or 408 of the National Housing Act and all
necessary expenses (including services performed on a contract or fee
basis, but not including other personal services) in connection with the
handling, including the purchase, sale, and exchange, of securities on
behalf of Federal home loan banks, and the sale, issuance, and
retirement of, or payment of interest on, debentures or bonds, under the
Federal Home Loan Bank Act, // 12 USC 1421. 12 USC 1428a. // as
amended, shall be considered as nonadministrative expenses for the
purposes hereof: Provided further, That members and alternates of the
Federal Savings and Loan Advisory Council shall be entitled to
reimbursement from the Board as approved by the Board for transportation
expenses incurred in attendance at meetings of or concerned with the
work of such Council and may be paid in lieu of subsistence per diem not
to exceed the dollar amount set forth in 5 U. S.C. 5703: Provided
further, That not to exceed $500 shall be available for official
reception and representation expenses: Provided further, That,
notwithstanding any other provisions of this Act, except for the
limitation in amount hereinbefore specified, the administrative expenses
and other obligations of the Board shall be incurred, allowed, and paid
in accordance with the provisions of the Federal Home Loan Bank Act of
July 22, 1932, as amended (12 U.S.C. 1421 - 1449).
SAVINGS AND
LOAN INSURANCE CORPORATION
Not to exceed $33,466,000 shall be available for administrative
expenses, which shall include the expenses for the examination of
Federal and State chartered institutions (other than special
examinations determined by the Board to be necessary), and which shall
be on an accrual basis and shall be exclusive of interest paid,
depreciation, properly capitalized expenditures, expenses in connection
with liquidation of insured institutions or activities relating to
section 406(c), 407, or 408 of the National Housing Act, liquidation or
handling of assets of or derived from insured institutions, payment of
insurance, and action for or toward the avoidance, termination, or
minimizing of losses in the case of insured institutions, legal fees and
expenses and payments for expenses of the Federal Home Loan Bank Board
determined by said Board to be properly allocable to said Corporation,
and said Corporation may utilize and may make payments for services and
facilities of the Federal home loan banks, the Federal Reserve Banks,
the Federal Home Loan Bank Board, the Federal Home Loan Mortgage
Corporation, and other agencies of the Government: Provided, That,
notwithstanding any other provisions of this Act, except for the
limitation in amount hereinbefore specified, the administrative expenses
and other obligations of said Corporation shall be incurred, allowed,
and paid in accordance with title IV of the Act of June 27, 1934, as
amended (12 U.S.C. 1724 - 1730f).
Sec. 401. Where appropriations in titles I and II of this Act are
expendable for travel expenses of employees and no specific limitation
has been placed thereon, the expenditures for such travel expenses may
not exceed the amounts set forth therefor in the budget estimates
submitted for the appropriations: Provided, That this section shall not
apply to travel performed by uncompensated officials of local boards and
appeal boards of the Selective Service System; to travel performed
directly in connection with care and treatment of medical beneficiaries
of the Veterans Administration; or to payments to interagency motor
pools where separately set forth in the budget schedules: Provided
further, That the limitations may be increased by the Secretary when
necessary to allow for travel performed by employees of the Department
of Housing and Urban Development as a result of increased Federal
Housing Administration inspection and appraisal worload.
Sec. 402. Appropriations and funds available for the administrative
expenses of the Department of Housing and Urban Development and the
Selective Service System shall be available in the current fiscal year
for purchase of uniforms, or allowances therefore, as authorized by law
(5 U.S.C. 5901 - 5902); hire of passenger motor vehicles; and services
as authorized by 5 U.S.C. 3109.
Sec. 403. Funds of the Department of Housing and Urban Development
subject to the Government Corporation Control Act // 31 USC 841. // or
section 402 of the Housing Act of 1950 // 12 USC 1749a. // shall be
available, without regard to the limitations on administrative expenses,
for legal services on a contract or fee basis, and for utilizing and
making payment for services and facilities of Federal National Mortgage
Association, Government National Mortgage Association, Federal Home Loan
Mortgage Corporation, Federal Financing Bank, Federal Reserve banks or
any member thereof, Federal home loan banks, and any insured bank within
the meaning of the Federal Deposit Insurance Corporation Act, as amended
(12 U.S.C. 1811 - 1831).
Sec. 404. 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. 405. No funds appropriated by this Act may be expended--
(1) pursuant to a certification of an officer or employee of
the United States unless--
a
voucher or abstract which describes the payee or payees
and
the items or services for which such expenditure is
being
made, or
certification,
and without such a voucher or abstract, is specifically
authorized by law; and
(2) unless such expenditure is subject to audit by the General
Accounting Office or is specifically exempt by law from such an
audit.
Sec. 406. None of the funds provided in this Act to any department
or agency may be expended for the transportation of any officer or
employee of such department or agency between his domicile and his place
of employment, with the exception of the Secretary of the Department of
Housing and Urban Development, who, under title 5, United States Code,
section 101, is exempted from such limitations.
Sec. 407. None of the funds provided in this Act may be used for
payment, through grants or contracts, to recipients that do not share in
the cost of conducting research resulting from proposals for projects
not specifically solicited by the Government: Provided, That the extent
of cost sharing by the recipient shall reflect the mutuality of interest
of the grantee or cntractor and the Govenment in the research.
Sec. 408. None of the funds provided in this Act may be used,
directly or through grants, to pay or to provide reimbursement for
payment of the salary of a consultant (whether retained by the Federal
Government or a grantee) at more than the daily equivalent of the
maximum rate paid for GS-18, unless specifically authorized by law.
Sec. 409. No part of any appropriation for the fiscal year ending
September 30, 1980, contained in this or any other Act shall be used to
contract with private firms to provide plant care or watering services.
This Act may be cited as the " Department of Housing and Urban
Development--Independent Agencies Appropriation Act, 1980".
Approved November 5, 1979.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 96 - 249 (Comm. on Appropriations) and No. 96 -
409 and no. 96 - 542 (Comm. of Conference).
SENATE REPORT No. 96 - 258 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 125 (1979):
June 21, 22, 27, considered and passed House.
July 27, considered and passed Senate, amended.
Sept. 27, House agreed to conference report; receded from its
disagreement and concurred in certain Senate amendments, in others
with amendments, and disagreed to Senate amendment No. 12.
Sept. 28, Senate agreed to conference report; resolved certain
amendments in disagreement, and insisted on its amendment No. 12.
Oct. 24, House and Senate agreed to further conference report.
PUBLIC LAW 96-102, 93 STAT, 749, EMERGENCY ENERGY CONSERVATION ACT OF
1979.
energy and to provide
for a standby rationing plan for motor fuel.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, SECTION 1. SHORT TITLE;
TABLE OF CONTENTS.
(a) Short Title.--This Act // 42 USC 8501 // may be cited as the "
Emergency Energy Conservation Act of 1979".
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 101. Findings.
Sec. 102. Report on plan development.
Sec. 103. Procedures for developing and implementing rationing plan.
Sec. 104. Required elements of rationing plan.
Sec. 105. Technical and conforming amendments.
Sec. 201. Findings and purposes.
Sec. 202. Definitions.
Sec. 211. National and State emergency conservation targets.
Sec. 212. State emergency conservation plan.
Sec. 213. Standby Federal conservation plan.
Sec. 214. Judicial review.
Sec. 215. Reports.
Sec. 221. Minimum automobile fuel purchases.
Sec. 222. Out-of-State vehicles to be exempted from odd-even motor
fuel purchase restrictions.
Sec. 231. Amendment to Energy Policy and Conservation Act.
Sec. 241. Studies.
Sec. 242. Middle distillate monitoring program.
Sec. 251. Administration.
Sec. 301. Funding for fiscal years 1979 and 1980.
Sec. 302. Effective date.
SEC. 101. // 42 USC 6261 // FINDINGS.
The Congress finds that--,
(1) a standby rationing plan for gasoline and diesel fuel
should provide, to the maximum extent practicable, that the burden
of reduced supplies of gasoline and diesel fuel be shared by all
persons in a fair and equitable manner and that the economic and
social impacts of such plan be minimized; and
(2) such a plan should be sufficiently flexible to respond to
changed conditions and sufficiently simple to be effectively
administered and enforced.
SEC. 102. // 42 USC 6261 // REPORT ON PLAN DEVELOPMENT.
(a) Report.--As soon as practicable after the date of the enactment
of this Act (but in no event later than 120 days after such date of
enactment), the President shall prepare, and transmit to the Committee
on Interstate and Foreign Commerce of the House of Representatives and
the Committee on Energy and Natural Resources of the Senate, a report
describing the measures taken after such date of enactment (and the
costs thereof) to establish a system of rationing of gasoline and diesel
fuel pursuant to sections 201 and 203 of the Energy Policy and
Conservation Act (42 U.S.C. 6261, 6263), together with a description of
the additional measures to be taken in establishing such system, a
timetable for completion of such measures, and an estimate of the costs
thereof.
(b) Specific Issues To Be Addressed in Report.--The report under
subsection (a) shall include--,
(1) a description of the extent to which ration coupons or
other evidences of right under such a rationing system would be
distributed to each end-user of gasoline or diesel fuel on the
basis of such end-user's needs, and an explanation of the extent
to which such distribution would not be based on such end-user's
needs;
(2) an analysis of having the entitlement under the rationing
system to such end-user rights be granted on the basis of
individuals licensed to operate motor vehicles on the public roads
and highways, and an explanation of the extent to which such
entitlement will be granted on that basis;
(3) a description of the extent to which the rationing system
would meet the needs and hardships of end-users by the use of
local boards as provided for under section 203(d) of such Act (42
U.S.C. 6263(d)), and an explanation of the extent to which such
boards would not be used;
(4) a description of how the rationing system complies with the
objective of providing for the mobility needs of handicapped
persons (including means for their obtaining such end-user rights)
as required under section 203(a)(2)(A) of such Act (42 U. S.C.
6263(a)(2)(A)); and
(5) a description of the steps to be taken to provide adequate
end-user allocation under the rationing system for the needs of
those in suburban and rural areas, particularly mid-sized cities,
small towns, and rural communities, not adequately served by any
public transportation system.
(c) Committees To Be Kept Currently Informed.--The President shall
keep such committees fully and currently informed about the progress in
establishing and administering a system of rationing and of any problems
and delays in establishing and administering the system.
(d) Additional Report.--90 days after the report is transmitted under
subsection (a), the President shall prepare and transmit to each such
committee another report unless a rationing contingency plan has been
prescribed and transmitted to each House of the Congress during the
preceding 90-day period. Such report shall contain the same information
as required for the report under subsection (a), except that such
information shall be made current to the date of the report.
(e) Public Notice of Reports.--The President shall provide public
notice of any report under subsection (a) or (d) at the time of its
transmittal, shall make such report available to the public, and shall
transmit copies of such report to the Governors of the various States.
SEC. 103. PROCEDURES FOR DEVELOPING AND IMPLEMENTING RATIONING PLAN.
(a) Plan Development.--Section 203(a)(1) of the Energy Policy and
Conservation Act (42 U.S.C. 6263(a)) is amended by striking out " The
President shall prescribe," and inserting in lieu thereof " As soon as
practicable after the date of the enactment of the Emergency Energy
Conservation Act of 1979, the President shall prescribe,", and by adding
at the end thereof the following new sentence: " The President, to the
maximum extent practicable, shall consult with the Governors of the
various States (or the representatives of such Governors) during the
development of any rationing contingency plan under this section."
(b) Plan Approval and Implementation.--(1) Section 201(e) of such Act
(42 U.S.C. 6261(e)) is amended to read as follows:
"(e)(1) For purposes of this subsection, any rationing contingency
plan shall be considered to be approved if--,
"(A) the President has transmitted such rationing contingency
plan to the Congress in accordance with section 552,
// 42 USC 6422. //
and
"(B) such rationing contingency plan has not been disapproved
by a joint resolution adopted into law after passage by both
Houses of the Congress in accordance with section 552.
"(2)(A) Except to the extent provided under subparagraph (B), the
President may put into effect a rationing contingency plan which is
considered approved under the preceding provisions of this subsection
only if--,
"(i) the President has found, in his discretion, that putting
such rationing contingency plan into effect is required by a
severe energy supply interruption or is necessary to comply with
obligations of the United States under the international energy
program, subject to paragraph (3);
"(ii) the President has transmitted such finding to the
Congress in accordance with section 551,
// 42 USC 6421. //
together with a request to put such rationing contingency plan
into effect; and
"(iii) neither House of the Congress has disapproved (or both
Houses have approved) such request in accordance with the
procedures specified in section 551.
"(B)(i) The President may put into effect such an approved rationing
plan without the finding required under subparagraph (A)(i) (and without
regard to the requirements of subparagraph (A) (ii) and (iii)) if--,
"(I) the President has transmitted to the Congress in
accordance with section 552 a request to waive such requirements;
and
"(II) such request has been approved by a resolution by each
House of the Congress within 30 days of continuous session of
Congress after the date of its transmittal, in accordance with the
provisions of section 552
// 42 USC 6422. //
applicable thereunder to energy conservation contingency plans.
"(ii) Any authority to put a rationing contingency plan into effect
under clause (i) pursuant to a request under such clause shall terminate
on the 60th calendar day after the date on which a resolution approving
that request is adopted by the second House to have so approved that
request.
"(iii) In applying the provisions of section 552 for purposes of this
subparagraph--,
"(I) subsections (b), (d)(2)(B), and (d)(7) shall not apply;
"(II) the references to 60 calendar days and 20 calendar days
shall be considered to refer to 30 calendar days and 10 calendar
days, respectively; and
"(III) the references to any contingency plan shall be
considered to refer to a request under this subparagraph.
"(3) For purposes of paragraph (2)--,
"(A) The term 'severe energy supply interruption' means a
national energy supply shortage which the President determines--,
shortfall in
the United States of gasoline, diesel fuel, and
No. 2 heating
oil supplies for a period in excess of 30 days
(including
reductions as a result of an allocation away from the
United
States under the international energy program) of an
amount equal to 20 percent or more of projected daily
demand for such supplies;
contingency
plans approved under subsection (b) and any emergency
conservation authority available under title II of the
Emergency
Energy Conservation Act of 1979;
sufficient to
seriously threaten the adequacy of domestic stocks of
gasoline,
diesel fuel, and No. 2 heating oil; and
"(B) For purposes of determining the shortfall of supplies
under subparagraph (A)(i), the projected daily demand for
gasoline, diesel fuel, and No. 2 heating oil supplies shall be the
amount of such supplies that were available during any consecutive
period of 12 calendar months which the President considers
appropriate and which occurred during the 36 calendar month period
which immediately precedes the month in which such finding is
made, such amount to be adjusted--,
and
No. 2 heating oil, as determined by the President on
the basis
of growth experienced during the 36-month period from
which the base period was selected; and
for
such fuels, as determined by the President.
"(C) The term 'necessary to comply with obligations of the
United States under the international energy program' refers to a
necessity which the President determines to have impacts
comparable to those provided for in subparagraph (A) of this
paragraph.
"(4)(A) A rationing contingency plan may not be amended after it is
transmitted to the Congress and before it is considered approved under
paragraph (1).
"(B) Except as provided in subparagraphs (C) and (D), a rationing
contingency plan which is considered approved under this subsection may
not be amended other than by an amendment with respect to which--,
"(i) a period of 15 calendar days of continuous session (within
the meaning of section 552(c))
// 42 USC 6422. //
has passed after the receipt of the proposed amendment by the
Committee on Interstate and Foreign Commerce of the House of
Representatives and the Committee on Energy and Natural Resources
of the Senate; or
"(ii) each such committee before the expiration of such period
has transmitted to the President written notice stating in
substance that such committee has no objection to the proposed
amendment.
"(C) Except as provided in subparagraph (D), a rationing contingency
plan may not be amended during any period in which such plan is in
effect pursuant to paragraph (2) unless the President has transmitted
such amendment to the Congress in accordance with section 551(b), // 42
USC 6421. // and neither House of Congress has disapproved (or both
Houses have approved) such amendment in accordance with the procedures
specified in section 551.
"(D) The requirements of subparagraphs (B) and (C) shall not apply
with respect to any amendment which is a technical or clerical
amendment.".
(2)(A) Section 552(b) of such Act (42 U.S.C. 6422(b)) is amended--,
(i) by striking out " No such contingency plan" and inserting
in lieu thereof "(1) No such energy conservation contingency
plan";
(ii) by striking out "(d)(2)" and inserting in lieu thereof
"(d)(2)(A)"; and
(iii) by adding at the end thereof the following new paragraph:
"(2)(A) Subject to subparagraph (B), any such rationing contingency
plan shall be considered approved for purposes of section 201(d) // 42
USC 6261. // only if such plan is not disapproved by a resolution
described in subsection (d)(2)(B)(i) which passes each House of the
Congress during the 30-calendar-day period of continuous session after
the plan is transmitted to such Houses and which thereafter becomes law.
"(B) A rationing contingency plan may be considered approved prior to
the expiration of the 30-calendar-day period after such plan is
transmitted if a resolution described in subsection (d)(2)(B)(ii) is
passed by each House of the Congress and thereafter becomes law.".
(B) Section 552(c)(2) of such Act (42 U.S.C. 6422(c)(2)) is amended
by striking out "60-calendar-day period" and insert in lieu thereof
"calendar-day period involved".
(C) Section 552(d)(2) of such Act (42 U.S.C. 6422(d)(2)) is
amended--,
(i) by striking out " For purposes of this subsection," and
inserting in lieu thereof "(A) For purposes of applying this
section with respect to any energy conservation contingency
plan,"; and
(ii) by adding at the end thereof the following new
subparagraph:
"(B) For purposes of applying this subsection with respect to any
rationing contingency plan (other than pursuant to section 201(d) (2)(
B)), the term 'resolution' means only a joint resolution described in
clause (i) or (ii) of this subparagraph with respect to such plan.
"(i) A joint resolution of either House of the Congress (I)
which is entitled: ' Joint resolution relating to a rationing
contingency plan.', (II) which does not contain a preamble, and
(III) the matter after the resolving clause of which is: ' That
the Congress of the United States disapproves the rationing
contingency plan transmitted to the Congress on , 19 .', the blank
spaces therein appropriately filled.
"(ii) A joint resolution of either House of the Congress (I)
which is entitled: ' Joint resolution relating to a rationing
contingency plan.', (II) which does not contain a preamble, and
(III) the matter after the resolving clause of which is: ' That
the Congress of the United States does not object to the rationing
contingency plan transmitted to the Congress on , 19 .', the blank
spaces therein appropriately filled.".
(D) Section 552(d)(4)(A) of such Act (42 U.S.C. 6422(d)(4)(A)) is
amended by inserting after "after its referral" the following: "in the
case of any energy conservation contingency plan or at the end of 10
calendar days after its referral in the case of any rationing
contingengy plan".
(E) Section 552(d)(4)(B) of such Act (42 U.S.C. 6422(d)(4)(B)) is
amended by striking out " An amendment" in the second sentence and
inserting in lieu thereof " Except to the extent provided in paragraph
(7)(A), an amendment".
(F) Section 552(d)(5)(B) of such Act (42 U.S.C. 6422(d)(5)(B)) is
amended by striking out " An amendment" in the third sentence and
inserting in lieu thereof " Except to the extent provided in paragraph
(7)(B), an amendment".
(G) Section 552(d) of such Act (42 U.S.C. 6422(d)) is amended by
adding at the end thereof the following new paragraph:
"(7) With respect to any rationing contingency plan--,
"(A) In the consideration of any motion to discharge any
committee from further consideration of any resolution on any such
plan, it shall be in order after debate allowed for under
paragraph (4)(B) to offer an amendment in the nature of a
substitute for such motion--,
contingency
plan, if the discharge motion sought to be amended
relates to
a resolution described in paragraph (2)(B)(ii) with
respect to
the same such plan, or
contingency
plan, if the discharge motion sought to be amended
relates to a resolution described in
paragraph (2)(B)(i) with
respect to the same such plan.
An amendment described in this subparagraph shall not be
amendable. Debate on such an amendment shall be limited to not
more than 1 hour, which shall be divided equally between those
favoring and those opposing the amendment.
"(B) In the consideration of any resolution on any such plan
which has been reported by a committee, it shall be in order at
any time during the debate allowed for under paragraph (5)(B) to
offer an amendment in the nature of a substitute for such
resolution--,
contingency
plan, if the resolution sought to be amended is a
resolution
described in paragraph (2)(B)(ii) with respect to the
same
such plan, or
contingency
plan, if the resolution sought to be amended is a
resolution described in paragraph (2)(B)(i) with
respect to the
same such plan.
An amendment described in this subparagraph shall not be
amendable.
"(C) If one House receives from the other House a resolution
with respect to a rationing contingency plan, then the following
procedure applies:
such
plan shall not be referred to a committee;
resolutions
of such House with respect to such plan shall be
the same as if no resolution from the other House with
respect to such plan had been received; but
"(D) Notwithstanding any of the preceding provisions of this
subsection, if a House has approved a resolution with respect to a
rationing contingency plan, then it shall not be in order to
consider in that House any other resolution under this section
with respect to the approval of such plan.".
(c) Elimination of Certain Administrative Requirements.--(1) Section
201(f) of such Act (42 U.S.C. 6261(f)) is amended by adding at the end
thereof the following new sentence: " Notwithstanding the preceding
provisions of this subsection, such economic analysis and evaluation is
not required to be performed, or transmitted to the Congress, under this
subsection in the case of any rationing contingency plan.".
(2) Section 203 of such Act (42 U.S.C. 6263) is amended by adding at
the end thereof the following new subsection:
"(g) Any authority of the President with respect to a rationing
contingency plan under this Act which is delegated to the Secretary
shall be exercised by the Secretary without regard to section 404 of the
Department of Energy Organization Act (42 U.S.C. 7174).".
SEC. 104. REQUIRED ELEMENTS OF RATIONING PLAN.
Section 203(a) of the Energy Policy and Conservation Act (42 U.S.C.
6263(a)), as amended by section 103, is further amended by adding at the
end thereof the following new paragraph:
"(3) Any rationing contingency plan prescribed under this section
shall provide that--,
"(A) the end-user rights specified in paragraph (1) shall be
distributed on a State-to-State basis that results in the degree
of shortfall from the base period use being equally shared among
the various States, considering the most recent base period use
data available;
"(B) to the maximum extent practicable, such rights shall be
made available to classes of end-users on a basis which takes into
account fairly the relative needs of such end-users; and
"(C) adequate end-user rights are available to carry out
paragraph (1) (A) and (B) as required under paragraph (1).".
SEC. 105. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Conforming Amendments.--(1) Section 201 of the Energy Policy and
Conservation Act (42 U.S.C. 6261), as amended by section 103, is further
amended by striking out subsection (c) and by redesignating subsections
(d), (e), and (f) as subsections (c), (d), and (e), respectively.
(2) Section 201(b) of such Act (42 U.S.C. 6261(b)) is amended by
striking out " Except as otherwise provided in subsection (d) or (e) and
subject to the requirements of subsection (c), no contingency plan may
become effective" and inserting in lieu thereof " Except as otherwise
provided in subsection (c), no energy conservation contingency plan may
become effective".
(3) Section 201(c) (as redesignated) of such Act (42 U.S.C. 6261(d))
is amended by striking out "a contingency plan" each place it appears
and inserting in lieu thereof "an energy conservation contingency plan".
(4) Section 552(d)(2)(A) of such Act (42 U.S.C. 6422(d)(2)) is
amended by inserting "energy conservation" before "contingency plan"
each place such term appears.
(5) Section 201(e) (as redesignated) of such Act (42 U.S.C. 6261(f))
is amended by striking out "or (e)(1)(B)" and inserting in lieu thereof
"or (d)(1)".
(b) Technical Amendments.--(1) Section 203(d)(2) of such Act (42 U.
S.C. 6263(d)(2)) is amended--,
(A) by striking out all that precedes subparagraph (A) and
inserting in lieu thereof the following:
"(2) Any rationing contingency plan under this section shall set
forth--"; and
(B) by striking out "his" in subparagraph (A) and inserting in
lieu thereof "the President's".
(2) Section 203(d)(3)(A) of such Act (42 U.S.C. 6263(d)(3)(A)) is
amended by striking out "following the establishment of criteria and
procedures under paragraph (2)" and inserting in lieu thereof "beginning
30 days (or such earlier date as the President considers appropriate)
after a rationing contingency plan is considered approved under this
section".
(3) Section 203 of such Act (42 U.S.C. 6263) is amended by striking
out "paragraph (1)" where it appears in subsections (d)(1)(B) and (e)(
3) and inserting in lieu thereof "subsection (a)(1)".
(4) Section 203 of such Act (42 U.S.C. 6263) is further amended--,
(A) in subsection (a)(1) thereof, by striking out "in
accordance with section 523(a) of this Act";
// 42 USC 6393. //
and
(B) by adding at the end thereof the following new subsection:
"(h) Any rationing contingency plan, or any amendment thereto, as
well as any regulation thereunder, shall be prescribed in accordance
with section 523(a), except that the period for any oral or written
comments on any such proposed plan, amendment, or regulation may not
extend beyond the 45th day after the date of the publication of the
notice of the proposed plan, amendment, or regulation.".
(5) Section 203 of such Act, // 42 USC 6263. // as amended by
paragraph (4), is further amended by adding at the end thereof the
following new subsection:
"(i) Any ration coupon or any other evidence of right prepared by or
on behalf of the United States for use in connection with a rationing
contingency plan shall be considered to be an obligation or other
security of the United States for purposes of title 18, United States
Code.".
(6) Section 552(b)(1) of such Act // 42 USC 6422. 42 USC 6261 // is
amended by striking out "section 201(a)(2)" and inserting in lieu
thereof "section 201(b)".
SEC. 201. // 42 USC 8501 // FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--,
(1) serious disruptions have recently occurred in the gasoline
and diesel fuel markets of the United States;
(2) it is likely that such disruptions will recur;
(3) interstate commerce is significantly affected by those
market disruptions;
(4) an urgent need exists to provide for emergency conservation
and other measures with respect to gasoline, diesel fuel, home
heating oil, and other energy sources in potentially short supply
in order to cope with market disruptions and protect interstate
commerce; and
(5) up-to-date and reliable information concerning the supply
and demand of gasoline, diesel fuel, and other related data is not
available to the President, the Congress, or the public.
(b) Purposes.--The purposes of this title are to--,
(1) provide a means for the Federal Government, States, and
units of local government to establish emergency conservation
measures with respect to gasoline, diesel fuel, home heating oil,
and other energy sources which may be in short supply;
(2) establish other emergency measures to alleviate disruptions
in gasoline and diesel fuel markets;
(3) obtain data concerning such fuels; and
(4) protect interstate commerce.
SEC. 202. // 42 USC 8502. // DEFINITIONS.
For purposes of this title--,
(1) The term "severe energy supply interruption", when used
with respect to motor fuel or any other energy source, means a
national energy supply shortage of such energy source which the
President determines--,
duration;
interruption in
the energy supplies of the United States, including
supplies
of imported petroleum products, or from sabotage or an
act
of God.
(2) The term "international energy program" has the meaning
given that term in section 3(7) of the Energy Policy and
Conservation Act (42 U.S.C. 6202).
(3) The term "motor fuel" means gasoline and diesel fuel.
(4) The term "person" includes (A) any individual, (B) any
corporation, company, association, firm, partnership, society,
trust, joint venture, or joint stock company, and (C) the
government or any agency of the United States or any State or
political subdivision thereof.
(5) The term "vehicle" means any vehicle propelled by motor
fuel and manufactured primarily for use on public streets, roads,
and highways.
(6) The term " Secretary" means the Secretary of Energy.
(7) The term " Governor" means the chief executive officer of a
State.
(8) The term " State" means a State, the District of Columbia,
the Commonwealth of Puerto Rico, or any territory or possession of
the United States.
SEC. 211. // 42 USC 8511. // NATIONAL AND STATE EMERGENCY
CONSERVATION TARGETS.
(a) Determination and Publication of Targets.--(1) Whenever the
President finds, with respect to any energy source for which the
President determines a severe energy supply interruption exists or is
imminent or that actions to restrain domestic energy demand are required
in order to fulfill the obligations of the United States under the
international energy program, the President, in furtherance of the
purposes of this title, may establish monthly emergency conservation
targets for any such energy source for the Nation generally and for each
State.
(2) Any finding of the President under paragraph (1) shall be
promptly transmitted to the Congress, accompanied by such information
and analysis as is necessary to provide the basis for such finding, and
shall be disseminated to the public.
(3)(A) The State conservation target for any energy source shall be
equal to (i) the State base period consumption reduced by (ii) a uniform
national percentage.
(B) For the purposes of this subsection, the term " State base period
consumption" means, for any month, the product of the following factors,
as determined by the President:
(i) the consumption of the energy source for which a target is
established during the corresponding month in the 12-month period
prior to the first month for which the target is established; and
(ii) a growth adjustment factor, which shall be determined on
the basis of the trends in the use in that State of such energy
source during the 36-month period prior to the first month for
which the target is established.
(C)(i) The President shall adjust, to the extent he determines
necessary, any State base period consumption to insure that achievement
of a target established for that State under this subsection will not
impair the attainment of the objectives of section 4(b)(1) of the
Emergency Petroleum Allocation Act of 1973 (15 U.S.C. 753(b)(1)).
(ii) The President may, to the extent he determines appropriate,
further adjust any State base period consumption to reflect--,
(I) reduction in energy consumption already achieved by energy
conservation programs;
(II) energy shortages which may affect energy consumption;
and
(III) variations in weather from seasonal norms.
(D) For purposes of this subsection, the uniform national percentage
shall be designed by the President to minimize the impact on the
domestic economy of the projected shortage in the energy source for
which a target is established by saving an amount of such energy source
equivalent to the projected shortage, taking into consideration such
other factors related to that shortage as the President considers
appropriate.
(b) Notification and Publication of Targets.--The President shall
notify the Governor of each State of each target established under
subsection (a) for that State, and shall publish in the Federal
Register, the targets, the base period consumption for each State and
other data on which the targets are based, and the factors considered
under subsection (a)(3).
(c) Establishment of Targets for Federal Agencies.--In connection
with the establishment of any national target under subsection (a) the
President shall make effective an emergency energy conservation plan for
the Federal Government, which plan shall be designed to achieve an equal
or greater reduction in use of the energy source for which a target is
established than the national percentage referred to in subsection
(a)(3)(D). Such plan shall contain measures which the President will
implement, in accordance with other applicable provisions of law, to
reduce on an emergency basis the use of energy by the Federal
Government. In developing such plan the President shall consider the
potential for emergency reductions in energy use--,
(1) by buildings, facilities, and equipment owned, leased, or
under contract by the Federal Government; and
(2) by Federal employees and officials through increased use of
car and van pooling, preferential parking for multipassenger
vehicles, and greater use of mass transit.
(d) Review of Targets.--(1) From time to time, the President shall
review and, consistent with subsection (a), modify to the extent the
President considers appropriate the national and State energy
conservation targets established under this subsection.
(2) Any modification under this paragraph shall be accompanied by
such information and analysis as is necessary to provide the basis
therefor and shall be available to the Congress and the public.
(3)(A) Before the end of the 12th month following the establishment
of any conservation target under this section, and annually thereafter
while such target is in effect, the President shall determine, for the
energy source for which that target was established, whether a severe
energy supply interruption exists or is imminent or that actions to
restrain domestic energy demand are required in order to fulfill the
obligations of the United States under the international energy program.
The President shall transmit to the Congress and make public the
information and other data on which any determination under this
subparagraph is based.
(B) If the President determines such an energy supply interruption
does not exist or is not imminent or such actions are not required, the
conservation targets established under this section with respect to such
energy source shall cease to be effective.
(e) Determination and Publication of Actual Consumption Nationally
and State-by-State.--Each month the Secretary shall determine and
publish in the Federal Register (1) the level of consumption for the
most recent month for which the President determines accurate data is
available, nationally and for each State, of any energy source for which
a target under subsection (a) is in effect, and (2) whether the targets
under subsection (a) have been substantially met or are likely to be
met.
(f) Presidential Authority Not To Be Delegated.--Notwithstanding any
other provision of law, the authority vested in the President under this
section may not be delegated.
SEC. 212. // 42 USC 8512. // STATE EMERGENCY CONSERVATION PLAN.
(a) State Emergency Conservation Plans.--(1)(A) Not later than 45
days after the date of the publication of an energy conservation target
for a State under section 211(b), the Governor of that State shall
submit to the Secretary a State emergency conservation plan designed to
meet or exceed the emergency conservation target i effect for that State
under section 211(a). Such plan shall contain such information as the
Secretary may reasonably require. At any time, the Governor may, with
the approval of the Secretary, amend a plan established under this
section.
(B) The Secretary may, for good cause shown, extend to a specific
date the period for the submission of any State's plan under
subparagraph (A) if the Secretary publishes in the Federal Register
notice of that extension together with the reasons therefor.
(2) Each State is encouraged to submit to the Secretary a State
emergency conservation plan as soon as possible after the date of the
enactment of this Act and in advance of such publication of any such
target. The Secretary may tentatively approve such a plan in accordance
with the provisions of this section. For the purposes of this part such
tentative approval shall not be construed to result in a delegation of
Federal authority to administer or enforce any measure contained in a
State plan.
(b) Conservation Measures Under State Plans.--(1) Each State
emergency conservation plan under this section shall provide for
emergency reduction in the public and private use of each energy source
for which an emergency conservation target is in effect under section
211. Such State plan shall contain adequate assurances that measures
contained therein will be effectively implemented in that State. Such
plan may provide for reduced use of that energy source through voluntary
programs or through the application of one or more of the following
measures described in such plan:
(A) measures which are authorized under the laws of that State
and which will be administered and enforced by officers and
employees of the State (or political subdivisions of the State)
pursuant to the laws of such State (or political subdivisions);
and
(B) measures--,
the
responsibility for administration and enforcement in
accordance
with subsection (d);
that
(I) absent a delegation of authority under Federal
law, the
Governor lacks the authority under the laws of the
State to
invoke, (II) under applicable State law, the
Governor and
other appropriate State officers and employees are not
prevented from administering and enforcing under a
delegation
of authority pursuant to Federal law; and (III) if
implemented,
would not be contrary to State law; and
his
discretion.
(2) In the preparation of such plan (and any amendment to the plan)
the Governor shall, to the maximum extent practicable, provide for
consultation with representatives of affected businesses and local
governments and provide an opportunity for public comment.
(3) Any State plan submitted to the Secretary under this section may
permit persons affected by any measure in such plan to use alternative
means of conserving at least as much energy as would be conserved by
such measure. Such plan shall provide an effective procedure, as
determined by the Secretary, for the approval and enforcement of such
alternative means by such State or by any political subdivision of such
State.
(c) Approval of State Plans.--(1) As soon as practicable after the
date of the receipt of any State plan, but in no event later than 30
days after such date, the Secretary shall review such plan and shall
approve it unless the Secretary finds--,
(A) that, taken as a whole, the plan is not likely to achieve
the emergency conservation target established for that State under
section 211(a) for each energy source involved.
(B) that, taken as a whole, the plan is likely to impose an
unreasonably disproportionate share of the burden of restrictions
of energy use on any specific class of industry, business, or
commercial enterprise, or any individual segment thereof,
(C) that the requirements of this part regarding the plan have
not been met, or
(D) that a measure described in subsection (b)(1) is--,
law
(including any rule or regulation under such law),
law.
(2) Any measure contained in a State plan shall become effective in
that State on the date the Secretary approves the plan under this
subsection or such later date as may be prescribed in, or pursuant to,
the plan.
(d) State Administration and Enforcement.--(1) The authority to
administer and enforce any measure described in subsection (b)(1)(B)
which is in a State plan approved under this section is hereby delegated
to the Governor of the State and the other State and local officers and
employees designated by the Governor. Such authority includes the
authority to institute actions on behalf of the United States for the
imposition and collection of civil penalties under subsection (e).
(2) All delegation of authority under paragraph (1) with respect to
any State shall be considered revoked effective upon a determination by
the President that such delegation should be revoked, but only to the
extent of that determination.
(3) If at any time the conditions of subsection (b)(1)(B)(ii) are no
longer satisfied in any State with respect to any measure for which a
delegation has been made under paragraph (1), the attorney general of
that State shall transmit a written statement to that effect to the
Governor of that State and to the President. Such delegation shall be
considered revoked effective upon receipt by the President of such
written statement and a determination by the President that such
conditions are no longer satisfied, but only to the extent of that
determination and consistent with such attorney general's statement.
(4) Any revocation under paragraph (2) or (3) shall not affect any
action or pending proceedings, administrative or civil, not finally
determined on the date of such revocation, nor any administrative or
civil action or proceeding, whether or not pending, based upon any act
committed or liability incurred prior to such revocation.
(e) Civil Penalty.--(1) Whoever violates the requirements of any
measure described in subsection (b)(1)(B) which is in a State plan in
effect under this section shall be subject to a civil penalty of not to
exceed $1,000 for each violation.
(2) Any penalty under paragraph (1) may be assessed by the court in
any action brought n any appropriate United States district court or any
other court of competent jurisdiction. Except to the extent provided in
paragraph (3), any such penalty collected shall be deposited into the
general fund of the United States Treasury as miscellaneous receipts.
(3) The Secretary may enter into an agreement with the Governor of
any State under which amounts collected pursuant to this subsection may
be collected and retained by the State to the extent necessary to cover
costs incurred by that State in connection with the administration and
enforcement of measures the authority for which is delegated under
subsection (d).
SEC. 213. // 42 USC 8513. // STANDBY FEDERAL CONSERVATION PLAN.
(a) Establishment of Standby Conservation Plan.--(1) Within 90 days
after the date of the enactment of this part, the Secretary, in
accordance with section 501 of the Department of Energy Organization Act
(42 U.S.C. 7191), shall establish a standy Federal emergency
conservation plan. The Secretary may amend such plan at any time, and
shall make such amendments public upon their adoption.
(2) The plan under this section shall be consistent with the
attainment of the objectives of section 4(b)(1) of the Emergency
Petroleum Allocation Act of 1973 (15 U.S.C. 753(b)(1)), and shall
provide for the emergency reduction in the public and private use of
each energy source for which an emergency conservation target is in
effect or may be in effect under section 211.
(b) Implementation of Standby Conservation Plan.--(1) If the
President finds--,
(A) after a reasonable period of operation, but not less than
90 days, that a State emergency conservation plan approved and
implemented under section 212 is not substantially meeting a
conservation target established under section 211(a) for such
State and it is likely that such target will continue to be unmet;
and
(B) a shortage exists or is likely to exist in such State for
the 60-day period beginning after such finding that is equal to or
greater than 8 percent of the projected normal demand, as
determined by the President, for an energy source for which such
conservation target has been established under section 211(a);
then the President shall, after consultation with the Governor of such
State, make effective in such State all or any part of the standby
Federal conservation plan established under subsection (a) for such
period or periods as the President determines appropriate to achieve the
target in that State.
(2) If the President finds after a reasonable period of time, that
the conservation target established under section 211(a) is not being
substantially met and it is likely that such target will continue to be
unmet in a State which--,
(A) has no emergency conservation plan approved under section
212; or
(B) the President finds has substantially failed to carry out
the assurances regarding implementation set forth in the plan
approved under section 212,
then the President shall, after consultation with the Governor of such
State, make effective in such State all or any part of the standby
Federal conservation plan established under subsection (a) for such
period or periods as the President determines appropriate to achieve the
target in that State.
(c) Basis for Findings.--Any finding under subsection (b) shall be
accompanied by such information and analysis as is necessary to provide
a basis therefor and shall be available to the Congress and the public.
(d) Submission of State Emergency Conservation Plan.--(1) The
Governor of a State in which all or any portion of the standby Federal
conservation plan is or will be in effect may submit at any time a State
emergency conservation plan, and if it is approved under section 212(c),
all or such portion of the standby Federal conservation plan shall cease
to be effective in that State. Nothing in this paragraph shall affect
any action or pending proceedings, administrative or civil, not finally
determined on such date, nor any administrative or civil action or
proceeding, whether or not pending, based upon any act committed or
liability incurred prior to such cessation of effectiveness.
(e) State Substitute Emergency Conservation Measures.--(1) After the
President makes all or any part of the standby Federal conservation plan
effective in any State or political subdivision under subsection (b),
the Secretary shall provide procedures whereby such State or any
political subdivision thereof may submit to the Secretary for approval
one or more measures under authority of State or local law to be
implemented by such State or political subdivision and to be substituted
for any Federal measure in the Federal plan. The measures may include
provisions whereby persons affected by such Federal measure are
permitted to use alternative means of conserving at least as much energy
as would be conserved by such Federal measure. Such measures shall
provide effective procedures, as determined by the Secretary, for the
approval and enforcement of such alternative means by such State or by
any political subdivision thereof.
(2) The Secretary may approve the measures under paragraph (1) if he
finds--,
(A) that such measures when in effect will conserve at least as
much energy as would be conserved by such Federal measure which
would have otherwise been in effect in such State or political
subdivision;
(B) such measures otherwise meet the requirements of this
paragraph; and
(C) such measures would be approved under section 212(c)(1)
(B), (C), and (D).
(3) If the Secretary approves measures under this subsection such
Federal measure shall cease to be effective in that State or political
subdivision. Nothing in this paragraph shall affect any action or
pending proceedings, administrative or civil, not finally determined on
the date the Federal measure ceases to be effective in that State or
political subdivision, nor any administrative or civil action or
proceeding, whether or not pending, based upon any act commited or
liability incurred prior to such cessation of effectiveness.
(4) If the Secretary finds after a reasonable period of time that the
requirements of this subsection are not being met under the measures in
effect under this subsection he may reimpose the Federal measure
referred to in paragraph (1).
(f) State Authority To Administer Plan.--At the request of the
Governor of any State, the President may provide that the administration
and enforcement of all or a portion of the standby Federal conservation
plan made effetive in that State under subsection (b) be in accordance
with section 212(d) (1), (2), and (4).
(g) Presidential Authority Not To Be Delegated.--Notwithstanding any
other provision of law (other than subsection (f)), the authority vested
in the President under this section may not be delegated.
(h) Requirements of Plan.--The plan established under subsection (a)
shall--,
(1) taken as a whole, be designed so that the plan, if
implemented, would be likely to achieve the emergency conservation
target under section 211 for which it would be implemented,
(2) taken as a whole, be designed so as not to impose an
unreasonably disproportionate share of the burden of restrictions
on energy use on any specific class of industry, business, or
commercial enterprise, or any individual segment thereof, and
(3) not contain any measure which the Secretary finds--,
Federal
law (including any rule or regulation under such law),
end-user
purchases of gasoline or diesel fuel, as described in
section
203(a)(1) (A) and (B) of the Energy Policy and
Conservation
Act (42 U.S.C. 6263).
(i) Plan May Not Authorize Weekend Closings of Retail Gasoline
Stations.--(1) Except as provided in paragraph (2), the plan established
under subsection (a) may not provide for the restriction of hours of
sale of motor fuel at retail at any time between Friday noon and Sunday
midnight.
(2) Paragraph (1) shall not preclude the restriction on such hours of
sale if that restriction occurs in connection with a program for
restricting hours of sale of motor fuel each day of the week on a
rotating basis.
(j) Civil Penalties.--(1) Whoever violates the requirements of such a
plan implemented under subsection (b) shall be subject to a civil
penalty not to exceed $1,000 for each violation.
(2) Any penalty under paragraph (1) may be assessed by the court in
any action brought in any appropriate United States district court or
any other court of competent jurisdiction. Except to the extent
provided under paragraph (3), any such penalty collected shall be
deposited into the general fund of the United States Treasury as
miscellaneous receipts.
(3) The Secretary may enter into an agreement with the Governor of
any State under which amounts collected pursuant to this subsection may
be collected and retained by the State to the extent necessary to cover
costs incurred by that State in connection with the administration and
enforcement of that portion of the standby Federal conservation plan for
which authority is delegated to that State under subsection (f).
SEC. 214. // 42 USC 8514 // JUDICIAL REVIEW.
(a) State Actions.--(1) Any State may institute an action in the
appropriate district court of the United States, including actions for
declaratory judgment, for judicial review of--,
(A) any target established by the President under section 211(
a);
(B) any finding by the President under section 213(b)(1)(A),
relating to the achievement of the emergency energy conservation
target of such State, or 213(b)(2), relating to the achievement of
the emergency energy conservation target of such State or the
failure to carry out the assurances regarding implementation
contained in an approved plan of such State; or
(C) any determination by the Secretary disapproving a State
plan under section 212(c), including any determination by the
Secretary under section 212(c)(1)(B) that the plan is likely to
impose an unreasonably disproportionate share of the burden of
restrictions of energy use on any specific class of industry,
business, or commercial enterprise, or any individual segment
thereof.
Such action shall be barred unless it is instituted within 30 calendar
days after the date of publication of the establishment of a target
referred to in subparagraph (A), the finding by the President referred
to in subparagraph (B), or the determination by the Secretary referred
to in subparagraph (C), as the case may be.
(2) The district court shall determine the questions of law and upon
such determination certify such questions immediately to the United
States court of appeals for the circuit involved, which shall hear the
matter sitting en banc.
(3) Any decision by such court of appeals on a matter certified under
paragraph (2) shall be reviewable by the Supreme Court upon attainment
of a writ of certiorari. Any petition for such a writ shall be filed no
later than 20 days after the decision of the court of appeals.
(b) Court of Appeals Docket.--It shall be the duty of the court of
appeals to advance on the docket and to expedite to the greatest
possible extent the disposition of any matter certified under subsection
(a)(2).
(c) Injunctive Relief.--With respect to judicial review under
subsection (a)(1)(A), the court shall not have jurisdiction to grant any
injuctive relief except in conjunction with a final judgment entered in
the case.
SEC. 215. // 42 USC 8515. // REPORTS.
(a) Monitoring.--The Secretary shall monitor the implementation of
State emergency conservation plans and of the standby Federal
conservation plan and make such recommendations to the Governor of each
affected State as he deems appropriate for modification to such plans.
(b) Annual Report.--The President shall report annually to the
Congress on any activities undertaken pursuant to this part and include
in such report his estimate of the energy saved in each State and the
performance of such State in relation to this part. Such report shall
contain such recommendations as the President considers appropriate.
SEC. 221. // 42 USC 8521. // MINIMUM AUTOMOBILE FUEL PURCHASES.
(a) General Rule.--If the provisions of this subsection are made
applicable under subsection (c), no person shall purchase motor fuel
from a motor fuel retailer in any transaction for use in any automobile
or other vehicle unless--,
(1) the price for the quantity purchased and placed into the
fuel tank of that vehicle equals or exceeds $5.00; or
(2) in any case in which the amount paid for the quantity of
motor fuel necessary to fill the fuel tank of that vehicle to
capacity is less than $5.00, such person pays to the retailer an
additional amount so that the total amount paid in that
transaction equals $5.00.
Any person selling motor fuel in transactions to which the provisions of
this subsection apply shall display at the point of sale notice of such
provisions in accordance with regulations prescribed by the Secretary.
(b) $7.00 To Be Applicable in the Case of 8-Cylinder Vehicles.--, In
applying subsection (a) in the case of any vehicle with an engine having
8 cylinders (or more), "$7.00" shall be substituted for "$5.00".
(c) Applicability.--(1) Unless applicable pursuant to paragraph (2),
the requirements of subsection (a) shall apply in any State and shall be
administered and enforced as provided in subsection (g) only if--,
(A) the Governor of that State submits a request to the
Secretary to have such requirements applicable in that State; and
(B) the attorney general of that State has found that (i)
absent a delegation of authority under a Federal law, the Governor
lacks the authority under the laws of the State to invoke
comparable requirements, (ii) under applicable State law, the
Governor and other appropriate State officers and employees are
not prevented from administering and enforcing such requirements
under a delegation of authority pursuant to Federal law, and (iii)
if implemented such requirements would not be contrary to State
law.
Subject to paragraph (2), such provisions shall cease to apply in any
State if the Governor of the State withdraws any request under
subparagraph (A).
(2) The requirements of subsection (a) shall apply in every State if
there is in effect a finding by the President that nationwide
implementation of such requirements would be appropriate and consistent
with the purposes of this title.
(3) Such requirements shall take effect in any State beginning on the
5th day after the Secretary or the President (as the case may be)
publishes notice in the Federal Register of the applicability of the
requirements to the State pursuant to paragraph (1) or (2).
(4) Notwithstanding any other provision of law, the authority vested
in the President under paragraph (2) may not be delegated.
(d) Exemptions.--The requirements of subsection (a) shall not apply
to any motorcycle or motorpowered bicycle, or to any comparable vehicle
as may be determined by the Secretary by regulation.
(e) Adjustment of Minimum Levels.--The Secretary may increase the
$5.00 and $7.00 amounts specified in subsections (a) and (b) if the
Secretary considers it appropriate. Adjustments under this subsection
shall be only be only in even dollar amounts.
(f) Civil Penalties.--(1) Whoever violates the requirements of
subsection (a) shall be subject to a civil penalty of not to exceed $100
for each violation.
(2) Any penalty under paragraph (1) may be assessed by the court in
any action under this section brought in any appropriate United States
district court or any other court of competent jurisdiction. Except to
the extent provided in paragraph (3), any such penalty collected shall
be deposited into the general fund of the United States Treasury as
miscellaneous receipts.
(3) The Secretary may enter into an agreement with the Governor of
any State under which amounts collected pursuant to this subsection may
be collected and retained by the State to the extent necessary to cover
costs incurred by that State in connection with the administration and
enforcement of the requirements of subsection (a) the authority for
which is delegated under subsection (g).
(g) Administration and Enforcement Delegated to States.--(1) There is
hereby delegated to the Governor of any State, and other State and local
officers and employees designated by the Governor, the authority to
administer and enforce, within that State, any provision of this part
which is to be administered and enforced in accordance with this
section. Such authority includes the authority to institute actions on
behalf of the United States for the imposition and collection of civil
penalties under subsection (f).
(2)(A) All delegation of authority under paragraph (1) with respect
to any State shall be considered revoked effective (i) upon the receipt
of a written waiver of authority signed by the Governor of such State or
(ii) uupon a determination by the President that such delegation should
be revoked, but only to the extent of that determination.
(B) If at any time the conditions of subsection (c)(1)(B) are no
longer satisfied in any State to which a delegation has been made under
paragraph (1), the attorney general of that State shall transmit a
written statement to that effect to the Governor of that State and to
the President. Such delegation shall be considered revoked effective
upon receipt by the President of such written statement and a
determination by the President that such conditions are no longer
satisfied, but only to the extent of that determination and consistent
with such attorney general's statement.
(C) Any revocation under subparagraph (A) or (B) shall not affect any
action or pending proceedings, administrative or civil, not finally
determined on the date of such revocation, nor any administrative or
civil action or proceeding, whether or not pending, based on any act
committed or liability incurred prior to such revocation.
(D) The Secretary shall administer and enforce any provision of this
part which has been made effective under subsection (c)(2) and for which
a delegation of authority is considered revoked under subparagraph (A).
(h) Coordination With Other Law.--The charging and collecting of
amounts referred to in subsection (a)(2) under the requirements of
subsection (a), or similar amounts collected under comparable
requirements under any State law, shall not be considered a violation
of--,
(1) the Emergency Petroleum Allocation Act of 1973
// 15 USC 751 //
or any regulation thereunder; or
(2) any Federal or State law requiring the labeling or
disclosure of the maximum price per gallon of any fuel.
SEC. 222. // 42 USC 8522. // OUT- OF- STATE VEHICLES TO BE EXEMPTED
FROM ODD- EVEN MOTOR FUEL PURCHASE RESTRICTIONS.
(a) General Rule.--Notwithstanding any provision of any Federal,
State, or local law, any odd-even fuel purchase plan in effect in any
State may not prohibit the sale of motor fuel to any person for use in a
vehicle bearing a license plate issued by any authority other than that
State or a State contiguous to that State.
(b) Definitions.--For purposes of this section the term "odd-even
fuel purchase plan" means any motor fuel sales restriction under which a
person may purchase motor fuel for use in any vehicle only on days (or
other periods of time) determined on the basis of a number or letter
appearing on the license plate of that vehicle (or on any similar
basis).
SEC. 231. AMENDMENT TO ENERGY POLICY AND CONSERVATION ACT.
Section 202 of the Energy Policy and Conservation Act (42 U.S.C.
6262) is amended by adding at the end thereof the following new
subsection:
"(d)(1) In the case of an energy conservation contingency plan that
regulates building temperatures, any State or political subdivision
thereof may submit to the President a comparable plan, as described in
subsection (b)(1), and include in such plan procedures permitting any
person affected by such contingency plan to use alternative means of
conserving at least as much energy in affected buildings as would be
conserved by the energy conservation contingency plan that regulates
building temperatures. Such plan shall include effective procedures for
the approval and enforcement of such alternative plans by such State or
such political subdivision thereof.
"(2) The alternative plan under paragraph (1) need not conserve
energy in the same fashion as the energy conservation contingency plan
that regulates building temperatures.
"(3) Nothing in this subsection shall preclude any political
subdivision of a State from applying directly to the President for
approval of a comparable plan under paragraph (1).".
SEC. 241. // 42 USC 8531. // STUDIES.
(a) Study of Commercial and Industrial Storage of Fuel.--Not later
than 180 days after the date of the enactment of this part, the
Secretary shall conduct a study and report to the Congress regarding the
commercial and industrial storage of gasoline and middle distillates
(other than storage in facilities which have capacities of less than 500
gallons or storage used exclusively and directly for agricultural,
residential, petroleum refining, or pipeline transportation purposes).
(b) Contents of Report.--Such report shall--,
(1) indicate to what extent storage activities have increased
since November 1, 1978, and what business establishments
(including utilities) have been involved;
(2) the estimated amount of gasoline and middle distillates (in
the aggregate and by type and region) which are in storage within
the United States at the time of the study, the amounts which were
in storage at the same time during the calendar year preceding the
study, and the purposes for which such storage is maintained; and
(3) contain such findings and recommendations for legislation
and administrative action as the Secretary considers appropriate,
including recommendations for improving the availability and
quality of data concerning such storage.
SEC. 242. // 42 USC 8532. // MIDDLE DISTILLATE MONITORING PROGRAM.
(a) Monitoring Program.--(1) Not later than 60 days after the date of
the enactment of this Act, the Secretary shall establish and maintain a
data collection program for monitoring, at the refining, wholesale, and
retail levels, the supply and demand levels of middle distillates on a
periodic basis in each State.
(2) The program to be established under paragraph (1) shall provide
for--,
(A) the prompt collection of relevant demand and supply data
under the authority available to the Secretary under other law;
and
(B) the submission to Congress of periodic reports each
containing a concise narrative analysis of the most recent data
which the Secretary determines are accurate, and a discussion on a
State-by-State basis of trends in such data which the Secretary
determines are significant.
(3) All data and information collected under this program shall be
available to the Congress and committees of the Congress, and, in
accordance with otherwise applicable law, to appropriate State and
Federal agencies and the public.
(4) Nothing in this subsection authorizes the direct or indirect
regulation of the price of any middle distillate.
(5) For purposes of this section, the term "middle distillate" has
the same meaning as given that term in section 211.51 of title 10, Code
of Federal Regulations, as in effect on the date of the enactment of
this section.
(b) Report.--Before December 31, 1979, the President shall submit a
report to Congress in which the President shall examine the middle
distillate situation, summarizing the data, information, and analyses
described in subsection (a) and discussing in detail matters required to
be addressed in findings made pursuant to section 12(d)(1) of the
Emergency Petroleum Allocation Act of 1973 (15 U.S.C. 760(d)(1)). // 15
USC 760a. //
SEC. 251. // 42 USC 8541. // ADMINISTRATION.
(a) Information.--(1) The Secretary shall use the authority provided
under section 11 of the Energy Supply and Environmental Coordination Act
of 1974 // 15 USC 796. // for the collection of such information as may
be necessary for the enforcement of the provisions of parts A and B of
this title.
(2) In carrying out his responsibilities under this title, the
Secretary shall insure that timely and adequate information concerning
the supplies, pricing, and distribution of motor fuels (and other energy
sources which are the subject of targets in effect under section 211) is
obtained, analyzed, and made available to the public. Any Federal
agency having responsibility for collection of such information under
any other authority shall cooperate fully in facilitating the collection
of such information.
(b) Effect on Other Laws.--No State law or State program in effect on
the date of the enactment of this title, or which may become effective
thereafter, shall be superseded by any provision of this title, or any
rule, regulation, or order thereunder except insofar as such State law
or State program is in conflict with any such provision of section 213
or 221 (or any rule, regulation, or order under this part relating
thereto) in any case in which measures have been implemented in that
State under the authority of section 213 or 221 (as the case may be).
(c) Termination.--(1) The provisions of parts A, B, D, and E of this
title, including any actions taken thereunder, shall cease to have
effect on July 1, 1983.
(2) Such expiration shall not affect any action or pending
proceeding, administrative or civil, not finally determined on such
date, nor any administrative or civil action or proceeding, whether or
not pending, based upon any act committed or liability incurred prior to
such expiration date.
SEC. 301. // 42 USC 8501 // FUNDING FOR FISCAL YEARS 1979 AND 1980.
For purposes of any law relating to appropriations or authorizations
for appropriations as such law relates to the fiscal year ending
September 30, 1979, or the fiscal year ending September 30, 1980, the
provisions of this Act (including amendments made by this Act) shall be
treated as if it were a contingency plan under section 202 or 203 of the
Energy Policy and Conservation Act // 42 USC 6262, 6263. // which was
approved in accordance with the procedures under that Act or as
otherwise provided by law, and funds made available pursuant to such
appropriations shall be available to carry out the provisions of this
Act and the amendments made by this Act.
SEC. 302. // 42 USC 6261 // EFFECTIVE DATE.
The amendments made by this Act shall take effect on the date of the
enactment of this Act.
Approved November 5, 1979.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 96 - 373 (Comm. on Interstate and Foreign
Commerce) and No. 96 - 516 (Comm. of Conference).
SENATE REPORTS: No. 96 - 117 (Comm. on Energy and Natural Resources)
and No. 96 - 366 (Comm. of Conference).
CONGRESSIONAL RECORD, Vol. 125 (1979):
June 5, considered and passed Senate.
July 25, 31, Aug. 1, considered and passed House, amended.
Oct. 17, Senate agreed to conference report.
Oct. 23, House agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 15, No. 45:
Nov. 5, Presidential statement.
PUBLIC LAW 96-101, 93 STAT, 736, MILWAUKEE RAILROAD RESTRUCTURING ACT
Milwaukee Railroad, and for the
protection of the employees of such railroad.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act // 45 USC
901 // may be cited as the " Milwarkee Railroad Restructuring Act".
Sec. 2. // 45 USC 901. // (a) Congress hereby finds that--,
(1) the severe operating losses and the deteriorating plant and
equipment of the Milwaukee Railroad threaten to cause cessation of
its operations in the near future;
(2) a cessation of operations by the Milwaukee Railroad would
have serious repercussions on the economies of the States in which
such railroad principally operates (the States of Washington,
Montana, Idaho, North Dakota, South Dakota, Illinois, Iowa,
Missouri, Michigan, Indiana, Minnesota, and Wisconsin);
(3) a cessation of operations of the Milwaukee Railroad would
result in the loss of many thousands of jobs of railroad workers
and other workers whose employment is dependent upon rail service
over the lines presently operated by the Milwaukee Railroad;
(4) experienced railroad employees make a valuable contribution
toward strengthening the railroad industry; and other railroads
have the ability and willingness to employ displaced employees of
the Milwaukee Railroad;
(5) the ownership by employees or by employees and shippers of
part or all of the Milwaukee Railroad may be a valuable tool in
reorganization and should be given serious consideration;
(6) cessation of essential transportation services by the
Milwaukee Railroad would endanger the public welfare;
(7) cessation of such services is imminent; and
(8) there is no other practicable means of obtaining funds to
meet payroll and other expenses necessary for continuation of
services and reorganization of the Milwaukee Railroad.
(b) The Congress declares that emergency measures set forth in this
Act must be taken to restructure the Milwaukee Railroad and to avoid the
potential unemployment and damage to the economy of the region and of
the Nation which a cessation of essential services by the Milwaukee
Railroad would otherwise cause.
Sec. 3. // 45 USC 902. // As used in this Act--,
(1) the term "bankruptcy court" means the court having
jurisdiction over the reorganization of the Milwaukee Railroad;
(2) the term " Board" means the Railroad Retirement Board;
(3) the term " Commission" means the Interstate Commerce
Commission;
(4) the term "employee"--,
became
effective on October 1, 1979; but
counsel,
member of the board of directors, or any other person
performing such function;
(5) the term " Milwaukee Railroad" means the Chicago,
Milwaukee, St. Paul and Pacific Railroad Company; and
(6) the term "restructured Milwaukee Railroad"--,
Milwaukee
Railroad after the 6-month period beginning on (i) the
occurrence of an event described in section 22(b) of
this Act,
or (ii) April 1, 1980, whichever first occurs; but
Railroad
which is the subject of a proposed sale, transfer, or
abandonment
pending on the expiration of the 6-month period
described in subparagraph (A) of this paragraph, or
(ii) any
entity formed pursuant to section 6 of this Act.
Sec. 4. // 45 USC 903. // (a) The Milwaukee Railroad may negotiate
and enter into agreements to sell, to another rail carrier or any other
person, all or any portion of its rail properties used in railroad
operations as of October 15, 1979. Such sale agreements may in no event
become final and effective until the occurrence of an event described in
section 22(b) of this Act, or April 1, 1980, whichever first occurs. In
taking action under this subsection, the Milwaukee Railroad may consult
with the Secretary of Transportation.
(b)(1) The Secretary of Transportation, under the authority of
section 5(a)-(e) of the Department of Transportation Act, // 49 USC
1654. // may develop plans, participate in negotiations, and recommend
to the trustee proposals for the sale or transfer of any rail properties
of the Milwaukee Railroad which are used in rail operations as of
October 15, 1979. In taking action under this paragraph, the Secretary
shall give preference to financially responsible persons, including
governmental entities, negotiating for the purchase of any lines with
the intent of providing common carrier service.
(2) Any sale or transfer proposal developed under paragraph (1) of
this subsection shall be submitted to the bankruptcy court. Such a
proposal may in no event become final or effective until the occurrence
of an event described in section 22(b) of this Act, or April 1, 1980,
whichever first occurs.
Sec. 5. // 45 USC 904. // (a)(1) Upon the occurrence of an event
described in section 22((b) of this Act, or on April 1, 1980, whichever
first occurs, the bankruptcy court may authorize the abandonment of
lines of the Milwaukee Railroad pursuant to section 1170 of title 11 of
the United States Code. // 92 Stat. 2643. // Pending the expiration of
the time for appeal of an abandonment order or the determination of any
such appeal, the bankruptcy court may authorize the termination of
service on a line to be abandoned, and the order authorizing such
termination may not be stayed. In authorizing any abandonment pursuant
to this section, the court shall require the carrier to provide a fair
arrangement at least as protective of the interests of employees as that
required under section 11347 of title 49 of the United States Code. //
92 Stat. 1439. //
(2) Prior to the date specified in paragraph (1) of this subsection,
the bankruptcy court may hear and consider any request for the
abandonment of lines of the Milwaukee Railroad, and may fix the time for
the Commission's report on the request, but it may take final action
authorizing such abandonment only in accordance with such paragraph (1).
(b)(1) Upon the occurrence of an event described in section 22(b) of
this Act, or on April 1, 1980, whichever first occurs, the bankruptcy
court may authorize the sale or transfer of a line of the Milwaukee
Railroad to be used in continued rail operations, subject to the
approval of the Commission under paragraph (2) of this subsection. In
authorizing any such sale or transfer, the court shall provide a fair
arrangement at least as protective of the interest of employees as that
required under section 11347 of title 49 of the United States Code.
(2) The bankruptcy court may not authorize a sale or transfer
pursuant to paragraph (1) of this subsection unless an appropriate
application with respect to such sale or transfer is initiated with the
Commission and, within such time as the court may fix, not exceeding 180
days, the Commission, with or without a hearing, as the Commission may
determine, and with or without modification or condition, approves such
application, or does not act on such application. Any action or order
of the Commission approving, modifying, conditioning, or disapproving
such application is subject to review by the court only under sections
706(2)(A), 706(2)(B), 706(2)(C), and 706(2)(D) of title 5 of the United
States Code. An application may be initiated with the Commission prior
to the date specified in paragraph (1) of this subsection.
(3) Pending review of an application by the Commission pursuant to
paragraph (2) of this subsection, the bankruptcy court may, on a
preliminary basis, authorize the sale or transfer of lines of the
Milwaukee Railroad to another rail carrier. The court may permit the
purchasing carrier to operate interim service as a common carrier over
the lines to be purchased, without regard to section 10901 of title 49
of the United States Code. // 92 Stat. 1402. // In operating such
service, the purchasing carrier shall use employees of the Milwaukee
Railroad to the extent necessary for the operation of such service. The
bankruptcy court may take final action authorizing any such sale or
transfer only in accordance with paragraph (1) of this subsection.
(c) Nothing in this section shall be deemed to affect the priorities
or timing of payment of employee protection which might have existed in
the absence of this Act.
Sec. 6. // 45 USC 905. // (a)(1) No later than December 1, 1979, an
association composed of representatives of national railway labor
organizations, employee coalitions, and shippers (or any combination of
the foregoing) may submit to the Commission a single plan for converting
all or a substantial part of the Milwaukee Railroad into an employee or
employee-shipper owned company and a method for implementing such plan.
The plan shall include a comprehensive evaluation of the prospects for
the financial self-sustainability of the Milwaukee Railroad.
(2) The Commission shall, within 30 days after the date of submission
of a plan under paragraph (1) of this subsection, approve the proposed
plan if it finds that such plan is feasible. The finding of the
Commission with respect to the feasibility of the plan shall be made
pursuant to section 554 of title 5 of the United States Code.
(3) The Commission shall make a finding that the plan submitted under
this section is feasible if it determines that--,
(A) adequate public and private financing is available to the
proponents of such plan;
(B) such plan is fair and equitable to the estate of the
Milwaukee Railroad;
(C) implementation of such plan will occur by April 1, 1980;
(D) the railroad proposed to be operated under the plan can be
operated on a self-sustaining basis; and
(E) the plan contains an assessment of all operating practices,
and includes agreements by labor and management to make
implementing changes designed to achieve labor productivity
increases (which may include changes in work rules to increase
productivity) consistent with safe operations and adequate
service.
For purposes of the determinations under this paragraph, adequate
financing shall include all sources of private funds, the probable value
and priority of valid claims against the estate, and Federal, State, or
local funds available under programs (in existence as of January 1,
1980) which are or will be available to the proponent and which the
proponent is likely to obtain.
(b) If the Commission finds that the plan submitted under this
section is feasible, it shall submit its finding to the bankruptcy
court. Within 10 days after the date of such submission, the bankruptcy
court shall, after a hearing, determine whether such plan is fair and
equitable to the estate of the Milwaukee Railroad. The Commission's
determination with respect to that issue shall be rebutted only by clear
and convincing evidence.
(c) If the Commission finds that the plan is feasible and the
bankruptcy court determines that the plan is fair and equitable to the
estate of the Milwaukee Railroad, the proponents of such plan shall
implement the plan no later than April 1, 1980.
(d) Except as provided in this section, the findings of the
Commission with respect to the plan shall not be subject to review.
(e)(1) The trustee of the Milwaukee Railroad shall promptly provide
to the person engaged in developing the employee or employee and shipper
ownership plan under this section--,
(A) its most recent reports on the physical condition of the
railroad; and
(B) traffic, revenue, marketing, and other data necessary to
determine the amount of the acquisition cost of the railroad or
portion of the railroad that would be required to continue rail
transportation over the railroad line.
(2) Information provided pursuant to this subsection shall be used
only for purposes of preparing a plan and shall not be disclosed to any
competitor or, unless necessary in connection with the preparation of
the plan, to any customer of the Milwaukee Railroad.
Sec. 7. (a) Subsection (a) of section 3 of the Emergency Rail
Services Act of 1970 (45 U.S.C. 662(a)) is amended by striking out "upon
a finding" in the fifth sentence and all that follows in that subsection
and inserting in lieu thereof a period.
(b) Section 3 of the Emergency Rail Services Act of 1970 (45 U.S.C.
662) is amended by inserting after subsection (b) the following new
subsection:
"(c) The Secretary shall not guarantee any certificate under this
section unless such certificate is treated as an expense of
administration and receives the highest lien on the railroad's property
and priority in payment under the Bankruptcy Act, // 92 STAT. 2549. 11
USC 101 // except that this subsection shall not apply to certificates
guaranteed for a railroad that is actively engaged in restructuring, as
defined by the Secretary. For purposes of this subsection, the term
"restructuring" includes an employee ownersip plan or an
employee-shipper ownership plan.".
(c) Section 3(e) of the Emergency Rail Services Act of 1970 (45 U.S.
C. 662(e)) is amended--,
(1) by striking out "$125,000,000" and inserting in lieu
thereof "$200,000,000"; and
(2) by striking out the last sentence thereof, as added by
Public Law 96 - 86.
(d) The Secretary of Transportation shall, under the authority of the
Emergency Rail Services Act of 1970, // 45 USC 906. 45 USC 661 //
immediately guarantee trustee certificates of the Milwaukee Railroad, on
the basis of an estimate of the amount required to be provided under
subsection (e) of this section, for purposes of allowing the Milwaukee
Railroad, commencing November 1, 1979, to maintain its entire railroad
system in accordance with section 22 of this Act, and as required to
finance operations which the Milwaukee Railroad continues for the 60-day
period beginning on the date of the occurrence of an event described in
section 22(b) of this Act or on April 1, 1980, whichever first occurs.
Such guarantee shall be made without regard to the findings set forth in
section 3(a) of the Emergency Rail Services Act of 1970, and the
provisions of section 3(b)(3) and the last two sentences of section 3(d)
of such Act shall not apply to such guarantee.
(e) The Secretary shall guarantee trustee certificates of the
Milwaukee Railroad pursuant to this section // 45 USC 906 // in an
amount equal to the difference between (1) the total expenses incurred
by such railroad attributable to the maintenance and the continuation of
service in accordance with subsection (d) of this section, and (2) the
revenues of such railroad.
(f) Notwithstanding the provisions of section 3(c) of the Emergency
Rail Services Act of 1970, // 45 USC 906. // certificates guaranteed
under this Act shall be subordinated to the claims of any creditors of
the Milwaukee Railroad as of the date of enactment of this Act.
(g) The Commission shall immediately make available to the Secretary
of Transportation the sum of $10,000,000, out of funds available for
directed service under title 49 of the United States Code. // 45 USC
906. // The Secretary of Transportation shall immediately make such
funds available to the trustee of the Milwaukee Railroad for purposes of
financing the operations of the Milwaukee Railroad, beginning November
1, 1979, in accordance with section 22 of this Act.
Sec. 8. // 45 USC 907. // Each person who is an employee of the
Milwaukee Railroad on September 30, 1979, and who is separated or
furloughed from his employment with such railroad (other than for cause)
prior to April 1, 1981, as a result of a reduction of service by such
railroad shall, unless found to be less qualified than other applicats,
have the first right of hire by any other rail carrier that is subject
to regulation by the Commission for any vacancy that is not covered by
(1) an affirmative action plan, or a hiring plan designed to eliminate
discrimination, that is required by Federal or State statute,
regulation, or executive order, or by the order of a Federal court or
agency, or (2) a permissible voluntary affirmative action plan. For
purposes of this section, a rail carrier shall not be considered to be
hiring new employees when it recalls any of its own furloughed
employees.
Sec. 9. // 45 USC 908. // (a) The Milwaukee Railroad and labor
organizations representing the employees of such railroad may, not later
than 20 days after the date of enactment of this Act, enter into an
agreement providing protection for employees of such railroad who are
adversely affected as a result of a reduction in service by such
railroad or a restructuring transaction carried out by such railroad.
Such employee protection may include, but need not be limited to,
interim employee assistance, moving expenses, employee relocation
incentive compensation, and separation allowances.
(b) If the Milwaukee Railroad and the labor organizations
representing the employees of such railroad are unable to enter into
anemployee protection agreement under subsection (a) of this section
within 20days after the date of enactment of this Act, the parties shall
immediately submit the matter to the National Mediation Board. The
National Mediation Board shall attempt, by mediation, to bring the
parties to an agreement with respect to employee protection no later
than 40 days after the date of enactment of this Act.
(c)(1) If the National Mediation Board is unable to bring the parties
to an agreement under subsection (b) of this section within 40 days
after the date of enactment of this Act, the Milwaukee Railroad and the
labor organizations representing the employees of such railroad shall
immediately enter into an employee protection agreement that is fair and
equitable.
(2) If an employee protection agreement is entered into under this
subsection, any claim of an employee for benefits and allowances under
such agreement shall be filed with the Board in such time and manner as
the Board by regulation shall prescribe. The Board shall determine the
amount for which such employee is eligible under such agreement and
shall certify such amount to the Milwaukee Railroad for payment.
(d) Benefits and allowances under an employee protection agreement
entered into under this section shall be paid by the Milwaukee Railroad
in accordance with section 15 of this Act, and claims of employees for
such benefits and allowances shall be treated as administrative expenses
of the estate of the Milwaukee Railroad.
Sec. 10. // 45 USC 909. // (a) Any employee of the Milwaukee
Railroad--,
(1) who (A) is employed by the restructured Milwaukee Railroad,
and (B) is separated from that employment by reason of any
reduction in service by such railroad prior to April 1, 1984; or
(2) who (A) is separated from his employment with the Milwaukee
Railroad in connection with a testructuring transaction carried
out by such railroad, and obtains employment, prior to April 1,
1981, with another rail carrier, and (B) is separated from
employment with such other carrier prior to April 1, 1984,
shall be entitled to receive monthly supplementary unemployment
insurance in accordance with the provisions of this section.
(b) Each employee described in subsection (a) of this section shall
be entitled to receive supplementary unemployment insurance during each
month in which such employee is not employed, for all or a portion of
such month, by the Milwaukee Railroad or another rail carrier. Each
such employee shall be entitled to receive such insurance for a total of
not more than 36 months, except that--,
(1) the period of entitlement for assistance under this section
shall not exceed the employee's total months of service wiht the
Milwaukee Railroad; and
(2) no compensation shall be provided under this section after
April 1, 1984, unless it is necessary in order to provide an
employee with at least 8 months of such insurance, but after such
date, such employee only shall receive such 8-month minimum if
such employee is not employed continuously after such date.
(c) Supplementary unemployment insurance under this section shall be
payable to an employee on a monthly basis in an amount equal to--,
(1) eighty percent of such employee's average monthly normal
compensation from employment with the Milwaukee Railroad during
the period beginning June 1, 1977, and ending on the date of
enactment of this Act, less
(2) the sum of (A) the amount of any benefits payable to such
employee for such month under the Railroad Unemployment Insurance
Act or under any State unemployment insurance program, and (B) the
amount of any earnings of such employee for such month from
employment or self-employment of any kind.
(d) An application for supplementary unemployment insurance shall be
filed with the Board in such time and manner as the Board by regulation
shall prescribe.
(e) Any supplementary unemployment insurance received by any employee
pursuant to this section shall be considered to be compensation
solely--,
(1) for purposes of the Railroad Retirement Act of 1974 (45 U.
S.C. 231 et seq.); and
(2) for purposes of determining the compensation received by
such employee in any base year under the Railroad Unemployment
Insurance Act.
// 45 USC 367. //
(f)(1) The provisions of this section shall not apply to an employee
in the event of his resignation, retirement, or discharge for cause from
the employment of any rail carrier.
(2) An employee shall not be entitled to receive supplementary
unemployment insurance under this section if he has failed to exhaust
all seniority rights or other employment rights under applicable
collective bargaining agreements.
(3) An employee shall not be entitled to receive supplementary
unemployment insurance under this section for month or portion of a
month in which such employee is unemployed due to normal seasonal
unemployment patterns in the railroad industry.
(g) For purposes of this section, any employee of the Milwaukee
Railroad who is furloughed shall be considered to be separated from his
employment.
(h) The first sentence of section 7(b)(7) of the Railroad Retirement
Act of 1974 (45 U.S.C. 231 f(b)(7) is amended--,
(1) by striking out " The" and inserting " Notwithstanding any
other provision of law, the" in lieu thereof; and
(2) by inserting "and the Milwaukee Railroad Restructuring Act"
immediately before the period at the end thereof.
Sec. 11. // 45 USC 910. // (a) The Board shall prepare and
maintain--,
(1) a list of individuals sparated from employment with the
Milwaukee Railroad who indicate a desire to appear on a list to be
available to rail carriers; and
(2) a list of employment, by class and craft, available with
rail carriers,
based upon information submitted to the Board by the Milwaukee Railroad
and other rail carriers. Upon the request of any rail carrier, the
Board shall make available to such carrier a copy of the list described
in paragraph (1) of this subsection.
(b) The Board shall maintain the lists required by subsection (a) of
this section through December 31, 1984.
Sec. 12. // 45 USC 911. // (a) Any employee who elects to receive a
separation allowance from the Milwaukee Railroad under an employee
protection agreement entered into under section 9 of this Act shall be
entitled to receive from the Board expenses for training in qualified
institutions for new career opportunities.
(b) To be entitled for assistance under this section, an employee
must begin his course of training within two years following the date of
his separation from employment with the Milwaukee Railroad.
(c) Entitlement to expenses for assistance under this section shall
be determined by the Board on the basis of an application therefor filed
by an employee with the Board.
(d) No assistance may be provided under this section after April 1,
1984.
(e) As used in this section--,
(1) the term "expenses" means actual expenses paid for room,
board, tuition, fees, or educational material in an amount not to
exceed $3,000; and
(2) the term "qualified institution" means an educational
institution accredited for payment by the Veterans' Administration
under chapter 36 of title 38 of the United States Code.
// 38 USC 1770 //
Sec. 13. // 45 USC 912. // Any employee who receives any assistance
under section 10 or section 12 of this Act or under an employee
protection agreement entered into under section 9 of this Act shall be
deemed to waive any employee protection benefits otherwise available to
such employee under the Bankruptcy Act, title 11 of the United States
Code, // 92 Stat. 2549. 11 USC 101 92 Stat. 1337. 49 USC 10101 subtitle
IV of title 49 of the United States Code, or any applicable contract or
agreement.
Sec. 14. // 45 USC 913. // (a) There is authorized to be
appropriated to provide supplementary unemployment insurance under
section 10 of this Act not to exceed $5,000,000.
(b) There is authorized to be appropriated for new career training
assistance under section 12 of this Act not to exceed $1,500,000.
(c) There is authorized to be appropriated to the Board to carry out
its administrative expenses under this Act not to exceed $750,000.
(d) Amounts appropriated under this section are authorized to remain
available until expended.
Sec. 15. // 45 USC 914. // (a) The Secretary of Transportation,
under the authority of section 511 of the Railroad Revitalization and
Regulatory Reform Act of 1976 (45 U.S.C. 831), shall guarantee
obligations of the Milwaukee Railroad for purposes of providing employee
protection in accordance with the terms of the employee protection
agreement entered into under section 9 of this Act. Guarantees under
this section shall be entered into without regard to the requirements of
subsection (g) of section 511 of the Railroad Revitalization and
Regulatory Reform Act of 1976. // 45 USC 831. //
(b) Any obligation guaranteed pursuant to this section shall be
treated as an administrative expense of the estate of the Milwaukee
Railroad.
(c) The aggregate unpaid principal amount of obligations which may be
guaranteed by the Secretary pursuant to this section shall not exceed
$75,000,000.
(d) The total liability of the Milwaukee Railroad in connection with
benefits and allowances provided under an employee protection agreement
entered into under section 9 of this Act shall not exceed $75,000,000.
(e) Except in connection with obligations guaranteed under this
section, the United States shall incur no liability in connection with
any employee protection agreement entered into under section 9 of this
Act.
(f) Section 516 of the Railroad Revitalization and Regulatory Reform
Act of 1976 (45 U.S.C. 836) shall not apply to any obligation guaranteed
under this section.
Sec. 16. Section 505 of the Railroad Revitalization and Regulatory
Reform Act of 1976 (45 U.S.C. 825) is amended by adding at the end
thereof the following new subsection:
"(f) Rehabiltation for Common Carrier Service.--(1) Notwithstanding
subsections (a) through (e) of this section (other than subsection (d)(
3)), the Secretary shall immediately purchase redeemable preference
shares or trustee certificates convertible to redeemable preference
share under this section as necessary to facilitate the rehabilitation
and improvement of Milwaukee Railroad property that has been sold or
transferred to another person or retained by the restructured Milwaukee
Railroad and that will be used for common carrier rail service.
"(2) The Secretary may not take any action under this subsection--,
"(A) prior to (i) the occurrence of an event described in
section 22(b) of the Milwaukee Railroad Restructuring Act, or (ii)
April 1, 1980, whichever first occurs; or
"(B) after April 1, 1981.
"(3) Funds received from purchases by the Secretary pursuant to this
subsection may not be used for the rehabilitation and improvement of any
line of railroad which carried less than an average of 3,000,000 gross
tons of freight per mile per year during the previous three-year period.
"(g) Limitation.--Not more than 50 percent of the funds made
available at any time for the purchase of redeemable preference shares
and trustee certificates under this section may be used for the
rehabilitation and imporovement of the facilities of any single railroad
undergoing restructuring.".
CASES
Sec. 17. // 45 USC 915. // (a) Notwithstanding any other provision
of law, in any case pending under section 77 of the Bankruptcy Act. //
92 Stat. 2641. 11 USC 1161. // on the date of enactment of this Act,
the court may authorize the abandonment of lines of railroad pursuant to
section 1170 of title 11 of the United States Code. // 92 Stat. 2643.
// Pending the expiration of the time for appeal of an abandonment order
or the determination of any such appeal, the court may authorize the
termination of service on a line to be abandoned, and the order
authorizing such termination may not be stayed. In authorizing any
abandonment pursuant to this section, the court shall require the
carrier to provide a fair arrangement at least as protective of the
interests of employees as that required under section 11347 of title 49
of the United States Code. // 92 Stat. 1439. //
(b)(1) Notwithstanding any other provision of law, in any case
pending under section 77 of the Bankruptcy Act // 92 Stat. 2641. // on
the date of enactment of this Act, // 11 USC 1161 // the court may
authorize the sale or transfer of a line of railroad to be used in
continued rail operations, subject to the approval of the Commission
under paragraph (2) of this subsection, if the application with respect
to such sale or transfer is filed with the Commission on or after
November 1, 1979. In authorizing any such sale or transfer, the court
shall provide a fair arrangement at least as protective of the interests
of employees as that required under section 11347 of title 49, United
States Code.
(2) The court described in paragraph (1) may not authorize a sale or
transfer pursuant to such paragraph unless an appropriate application
with respect to such sale or transfer is initiated with the Commission
and, within such time as the court may fix, not exceeding 180 days, the
Commission, with or without a hearing, as the Commission may determine,
and with or without modification or condition, approves such
application, or does not act on such application. Any action or order
of the Commission approving, modifying, conditioning, or disapproving
such application is subject to review by the court only under sections
706(2)(A), 706(2)(B), 706(2)(C), and 706(2)(D) of title 5 of the United
States Code.
(3) Pending review of an application by the Commission pursuant to
paragraph (2) of this subsection, the court described in paragraph (1)
may, on a preliminary basis, authorize the sale or transfer proposed in
such application. The court may permit the purchasing carrier to
operate interim service over the lines to be purchased, and in operating
such service it shall use employees of the carrier subject to the
bankruptcy proceeding to the extent such purchasing carrier deems
necessary for the operation of such service.
(c) Any action or order of the Commission approving, modifying,
conditioning, or disapproving an application for the sale or transfer of
rail property that is filed with the Commission before November 1, 1979,
in connection with a case pending under section 77 of the Bankruptcy Act
on the date of enactment of this Act--,
(1) is subject to review by the court only under sections 706(
2)(A), 706(2)(B), 706(2)(C), and 706(2)(D) of title 5 of the
United States Code; and
(2) may not be stayed by the Commission.
(d) The authority of the bankruptcy court to authorize abandonments,
sales, and transfers of lines of the Milwaukee Railroad shall be
governed by the provisions of section 5 of this Act, rather than the
provisions of this section.
(e) Nothing in this section shall be deemed to affect the priorities
or timing of payment of employee protection which might have existed in
the absence of this Act.
Sec. 18. // 45 USC 916. // Until April 1, 1981, the provisions of
this Act shall be in lieu of any directed service on any line of the
Milwaukee Railroad under section 11125 of title 49 of the United States
Code. // 92 Stat. 1423. //
Sec. 19. // 45 USC 917. // The provisions of the National
Environmental Policy Act // 42 USC 4321 // shall not apply to
transactions carried out pursuant to this Act.
Sec. 20. // 45 USC 918. // (a) The Board may prescribe such
regulations as may be necessary to carry out its duties under this Act.
(b) In carrying out its duties under this Act, the Board may exercise
such of the powers, duties, and remedies provided in subsections (a),
(b), and (d) of section 12 of the Railroad Unemployment Insurance Act //
45 USC 362. // as are not inconsistent with the provisions of this Act.
Sec. 21. // 45 USC 919. // (a) Within 30 days after the date of
enactment of this Act, the Board shall publish, and make available for
distribution by the Milwaukee Railroad to all its employees, a document
which describes in detail the rights of such employees under sections 8,
9, 10, 11, and 12 of this Act.
(b) During the 2-year period beginning on the date of enactment of
this Act, the Board shall submit a report to the Congress every 6 months
describing its activities under this Act.
Sec. 22. // 45 USC 920. // (a) Unitl the occurrence of an event
described in subsection (b) of this section, the Milwaukee Railroad (1)
shall maintain its entire railroad system, as it existed on October 15,
1979, (2) shall continue no less than the regular level of service
provided by it as of that date, and (3) shall not embargo traffic (other
than when necessitated by acts of God or safety requirements) or abandon
or discontinue service over any part of its railroad system.
(b) The Milwaukee Railroad shall comply with the requirements of
subsection (a) of this section until--,
(1) an employee or employee-shipper ownership plan is not
submitted to the Interstate Commerce Commission within the time
period prescribed under section 6(a) of this Act;
(2) the proposed plan is found by the Commission not to be
feasible or the Commission does not act within 30 days;
(3) the proposed plan is found by the bankruptcy court not to
be fair and equitable to the estate of the Milwaukee Railroad; or
(4) the plan is not implemented within the time period
prescribed under section 6(c) of this Act.
OF 1973
Sec. 23. Section 211(d) of the Regional Rail Reorganization Act of
1973 (45 U.S.C. 721(d)) is amended by striking out paragraph (2) and the
sentence following that paragraph and inserting in lieu thereof the
following:
"(2) increase the principal amount of such loan to such
railroad, in an amount not to exceed $4,000,000, only if the
Association makes the finding referred to in paragraph (1)(B) of
this subsection and determines that such railroad is making a good
faith effort to establish an employee stock ownership plan for
review and approval by the Association. Any such approval shall
be conditioned upon a written commitment that by December 31,
1980, the railroad will adopt an employee stock ownership plan
which will acquire qualifying employer securities with a fair
market value of $250,000.
The Association may not take any action pursuant to the preceding
sentence of this subsection after December 31, 1980.".
Sec. 24. (a) Section 505(b)(2) of the Railroad Revitalization and
Regulatory Reform Act of 1976 (45 U.S.C. 825(b)(2)) is amended--,
(1) by inserting immediately after the comma at the end of
clause (A) thereof the following: "except that if the Secretary
determines, pursuant to clause (C) of this paragraph, that
significant railroad restructuring will result from the project,
the Secretary shall not consider the availability of funds from
other sources but instead shall consider whether such
restructuring benefits would be likely to be achieved if
assistance were not provided,"; and
(2) by amending clause (C) thereof to read as follows: "(C)
the public benefits, including any significant railroad
restructuring, to be realized from the project to be financed in
relation to the public costs of such financing and whether the
proposed project will return public benefits sufficient to justify
such public costs.".
(b) Section 501 of the Railroad Revitalization and Regulatory Reform
Act of 1976 (45 U.S.C. 821) is amended--,
(1) by striking out "and" at the end of paragraph (6);
(2) by striking out the period at the end of paragraph (7) and
inserting in lieu thereof "; and"; and
(3) by adding at the end thereof the following new paragraph:
"(8) restructuring' means any activity (including a
consolidation, coordination, merger, or abandonment) which (A)
involves rehabilitation or improvement of a facility or the
transfer of a facility, (B) improves the long-term profitability
of any railroad, and (C) results in the enhancement of the
national rail freight system through the achievement of higher
average traffic densities or improved asset utilization.".
Sec. 25. // 45 USC 921. // The Office of Rail Public Counsel may
appear and be heard in the case in the bankruptcy court involving the
reorganization of the Milwaukee Railroad, for purposes of representing
affected shippers, localities, and municipalities with respect to the
proposed abandonment of any line of the Milwaukee Railroad.
OF
MILWAUKEE RAILROAD
Sec. 26. // 45 USC 922. // If an event described in section 22(b) of
this Act occurs. resulting in the survival of less than the entire
Milwaukee Railroad system, then any relief provided for such surviving
Milwaukee Railroad system under the Emergency Rail Services Act of 1970
// 45 USC 661 // or any other Federal legislation shall be conditioned
upon good faith efforts by the trustee or the Milwaukee Railroad, or
both, to establish an employee stock ownership plan which shall embrace
the purchase or acquisition of qualifying employer securities of the
Milwaukee Railroad equal in value to 25 per centum of the amount of such
relief provided.
Approved November 4, 1979.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 96 - 225 accompanying H.J. Res. 341 (Comm. on
Interstate and Foreign Commerce) and No. 96 - 583 (Comm. of Conference).
CONGRESSIONAL RECORD, Vol. 125 (1979):
Oct. 30, considered and passed Senate.
Oct. 30, H. J. Res. 341 considered and passed House; passage
vacated and s. 1905, amended, passed in lieu.
Nov. 2, House and Senate agreed to conference report.
PUBLIC LAW 96-100, 93 STAT, 733, INTELLIGENCE AND INTELLIGENCE-
RELATED ACTIVITIES AUTHORIZATION ACT FOR FISCAL YEAR 1980.
intelligence and intelligence-
related activities of the United States Government,
for the Intelligence Community
Staff, and for the Central Intelligence Agency
Retirement and Disability
System, to authorize supplemental appropriations for
fiscal year 1979 for the
intelligence and intelligence-related activities of the
United States Government,
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 " Intelligence and Intelligence-Related Activities
Authorization Act for Fiscal Year 1980".
SEC. 101. (a) Funds are hereby authorized to be appropriated for
fiscal year 1980 for the conduct of the intelligence and intelligence-
related activities of the following departments, agencies, and other
elements of the United States Government:
(1) The Central Intelligence Agency.
(2) The Department of Defense.
(3) The Defense Intelligence Agency.
(4) The National Security Agency.
(5) The Department of the Army, the Department of the Navy, and
the Department of the Air Force.
(6) The Department of State.
(7) The Department of the Treasury.
(8) The Department of Energy.
(9) The Federal of Bureau of Investigation.
(10) The Drug Enforcement Administration.
(b) The amounts authorized to be appropriated under this Act, and the
authorized personnel ceilings as of September 30, 1980, for the conduct
of the intelligence and intelligence-related activities of the agencies
listed in subsection (a) are those listed in the classified Schedule of
Authorizations prepared by the committee of conference to accompany the
conference report on the bill S. 975, 96th Congress. That Schedule of
Authorizations shall be made available to the Committees on
Appropriations of the Senate and House of Representatives and to the
President. The President shall provide for suitable distribution of the
Schedule, or of appropriate portions of the Schedule, within the
executive branch.
(c) Nothing contained in this Act shall be deemed to constitute
authority for the conduct of any intelligence activity which is not
otherwise authorized by the Constitution or laws of the United States.
(d) In addition to the amounts authorized to be appropriated under
subsection (a)(9), there is authorized to be appropriated for fiscal
year 1980 the sum of $12,100,000 for the conduct of the activities of
the Federal Bureau of Investigation to counter terrorism in the United
States.
SEC. 201. (a) There is authorized to be appropriated for the
Intelligence Community Staff for fiscal year 1980 the sum of
$11,500,000.
(b)(1) The Intelligence Community Staff is authorized 245 full-time
personnel as of September 30, 1980. Such personnel may be permanent
employees of the Intelligence Community Staff or personnel detailed from
other elements of the United States Government.
(2) During fiscal year 1980, personnel of the Intelligence Community
Staff shall be selected so as to provide appropriate representation from
elements of the United States Government engaged in intelligence and
intelligence-related activities.
(3) During fiscal year 1980, any officer or employee of the United
States or member of the Armed Forces who is detailed to the Intelligence
Community Staff from another element of the United States Government
shall be detailed on a reimbursable basis, except that any such officer,
employee, or member may be detailed on a nonreimbursable basis for a
period of less than one year for the performance of temporary functions
as required by the Director of Central Intelligence.
(c) During fiscal year 1980, activities and personnel of the
Intelligence Community Staff shall be subject to the provisions of the
National Security Act of 1947 (50 U.S.C. 401 et seq.) and the Central
Intelligence Agency Act of 1949 (50 U.S.C. 403a-403j) in the same manner
as activities and personnel of the the Central Intelligence Agency.
SEC. 202. Effective October 1, 1979, section 201 of the Intelligence
and Intelligence-Related Activities Authorization Act for Fiscal Year
1979 (Public Law 95 - 370; 92 Stat. 626) is amended--
(1) by striking out the third sentence of subsection (b); and
(2) by striking out subsection (c).
SEC. 301. There is authorized to be appropriated for the Central
Intelligence Agency Retirement and Disability Fund for fiscal year 1980
the sum of $51,600,000.
SEC. 401. In addition to the funds authorized to be appropriated
under title I of the Intelligence and Intelligence-Related Activities
Authorization Act for Fiscal Year 1979 (Public Law 95 - 370; 92 Stat.
626), funds are hereby authorized to be appropriated for fiscal year
1979 for the conduct of intelligence and intelligence-related activities
of the United States Government in the amounts listed in the classified
Schedule of Authorizations described in section 101(b).
SEC. 501. Appropriations authorizeed by this Act for salary, pay,
retirement, and other benefits for Federal employees may be increased by
such additional or supplemental amounts as may be necessary for
increases in such benefits authorized by law.
SEC. 502. Section 5924(4)(B) of title 5, United States Code,
relating to payment of travel expenses to and from schools in the United
States of dependents of certain employees serving overseas, is amended
by striking out "or the United States Information Agency," and inserting
in lieu thereof the following: ", the International Communication
Agency, the Central Intelligence Agency, or the National Security
Agency,".
Approved November 2, 1979.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 96 - 127, pt. 1, accompanying H.R. 3821 (Comm.
on Intelligence), No. 96 - 127, pt. 2, accompanying H.R. 3821 (Comm. on
Armed Services) and No. 96 - 512 (Comm. of Conference).
SENATE REPORTS: No. 96 - 71 (Comm. on Intelligence) and No. 96 - 206
(Comm. on Armed Services).
CONGRESSIONAL RECORD, Vol. 125 (1979):
June 20, considered and passed Senate.
July 9, 10, H.R. 3821 considered and passed House; passage
vacated and S. 975, amended, passed in lieu.
Oct. 17, Senate agreed to conference report.
Oct. 24, House agreed to conference report.
PUBLIC LAW 96-99, 93 STAT, 732
Whereas Will Rogers, in a lifetime of wise and humorous commentary on
events in this Nation and throughout the world, made a tremendous
contribution to human betterment through his gentle yet penetrating
wisdom;
Whereas from Cherokee Indian and European ancestry, born on an Indian
territory farm, he was a true product of the frontier civilization of
our Great Plains as well as its unique combination in Oklahoma;
Whereas he became world famous as rodeo performer, Broadway
entertainer, movie and radio star, and above all as daily columnist for
some three hundred and fifty newspapers throughout the United States;
Whereas he became Oklahoma's best known native son and the most
celebrated private citizen of the United States in his lifetime;
Whereas Will Rogers possessed the priceless gift of being able to
judge people and events both kindly and keenly, personifying affection
for his fellow man;
Whereas he improved the standard of public life throughout America by
his witty and constructive commentary, making this a better place in
which to live; and
Whereas the approaching one hundredth anniversary of his birth is a
fitting occasion to dedicate ourselves to a rebirth of the goodwill and
public spirit he exemplified: 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 designate November 4, 1979, as " Will Rogers
Day" in commemoration of the one hundredth anniversary of the birth of
William Penn Adair Rogers, noted American philosopher-humorist.
Approved November 2, 1979.
LEGISLATIVE HISTORY:
CONGRESSIONAL RECORD Vol. 125 (1979):
Oct. 25, considered and passed House.
Oct 31, considered and passed Senate.
PUBLIC LAW 96-98, 93 STAT, 731
to extend for one year the
authorization of appropriations for the National
Historical Publications and Records
Commission, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 2504(b) of
title 44, United States Code is amended by striking out " June 30, 1975,
and for each of the four succeeding fiscal years" and inserting in lieu
thereof " September 30, 1981," and by striking out "for each year".
Sec. 2. (a) Effective October 1, 1979, section 2503 of title 44,
United States Code, is amended by striking out "instead of subsistence"
and everything that follows through the end of such section and
inserting in lieu thereof "a per diem allowance in lieu of subsistence,
as authorized by section 5703 of title 5, United States Code, for
individuals in the Government serving without pay.".
(b) Section 2501 of title 44, United States Code is amended by
inserting "and Records" immediately after " Historical Publications".
Approved November 1, 1979.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 141 (Comm. on Government Operations).
SENATE REPORT No. 96 - 283 (Comm. on Governmental Affairs).
CONGRESSIONAL RECORD, Vol. 125 (1979):
May 21, considered and passed House.
Sept. 25, considered and passed Senate, amended.
Oct. 19, House concurred in Senate amendments.
PUBLIC LAW 96-97, 93 STAT, 730
Authority Act of 1933 to increase
the amount of debt which may be incurred by the
Tennessee Valley Authority.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the first sentence
of subsection (a) of section 15(d) of the Tennessee Valley Authority Act
of 1933, as amended (16 U.S.C. 831n-4), is amended by striking out
"$15,000,000,000" and inserting in lieu thereof "$30,000,000,000".
Approved October 31, 1979.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 491 accompanying H.R. 2686 (Comm. on Public
Works and Transportation).
SENATE REPORT No. 96 - 175 (Comm. on Environment and Public Works).
CONGRESSIONAL RECORD, Vol. 125 (1979):
June 20, considered and passed Senate.
Oct. 22, H.R. 2686 considered and passed House; passage
vacated and S. 436 passed in lieu.
PUBLIC LAW 96-96, 93 STAT, 729
that any reduction in the
amount appropriated for fiscal year 1979 pursuant to
section 101(a) of such Act
from the amount so appropriated for fiscal year 1979
shall be borne equally by all
the States.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 103 of the
Higher Education Act of 1965 is amended--
(1) by inserting "(a)(1)" after " SEC. 103"; and
(2) by adding after paragraph (1) of subsection (a) (as so
redesignated) the following new paragraph:
"(2) From the sums appropriated pursuant to section 101(a) for fiscal
year 1980 which are not reserved under section 106(a) or section 111(a),
the Commissioner shall allot to each State an amount equal to the
product of--
"(A) the amount of such State's allotment under paragraph (1)
for fiscal year 1979; and "(B) a fraction, the numerator of which
is the amount appropriated pursuant to section 101(a) for fiscal
year 1980 (less any amount reserved under section 106(a) or
section 111(a)) and the denominator of which is the amount
appropriated pursuant to section 101(a) for fiscal year 1979 (less
any amount reserved under section 106(a) or section 111( a)).".
SEC. 2. No fiscal year 1979 funds may be withheld from a State under
subpart 3 of part A of title IV of the Higher Education Act of 1965
because of a failure of a State to meet the requirement of section 415
C(b)(4) of that Act based upon the provisions of a State statue enacted
prior to October 1, 1978.
Approved October 31, 1979.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 497 (Comm. on Education and Labor).
CONGRESSIONAL RECORD, Vol. 125 (1979):
Oct. 15, considered and passed House.
Oct. 18, considered and passed Senate, amended.
Oct. 19, House concurred in Senate amendment.
PUBLIC LAW 96-95, 93 STAT, 721, ARCHAEOLOGICAL RESOURCES PROTECTION
ACT OF 1979
Indian lands, 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. This Act // 16 USC 470aa // may be cited as the "
Archaeological Resources Protection Act of 1979".
Sec. 2. // 16 USC 470 aa. // (a) The Congress finds that--
(1) archaeological resources on public lands and Indian lands
are an accessible and irreplaceable part of the Nation's heritage;
(2) these resources are increasingly endangered because of
their commercial attractiveness;
(3) existing Federal laws do not provide adequate protection to
prevent the loss and destruction of these archaeological resources
and sites resulting from uncontrolled excavations and pillage;
and
(4) there is a wealth of archaeological information which has
been legally obtained by private individuals for noncommercial
purposes and which could voluntarily be made available to
professional archaeologists and institutions.
(b) The purpose of this Act is to secure, for the present and future
benefit of the American people, the protection of archaeological
resources and sites which are on public lands and Indian lands, and to
foster increased cooperation and exchange of information between
governmental authorities, the professional archaeological community, and
private individuals having collections of archaeological resources and
data which were obtained before the date of the enactment of ths Act.
Sec. 3. // 16 USC 470bb. // As used in this Act--,
(1) The term "archaeological resource" means any material
remains of past human life or activities which are of
archaeological interest, as determined under uniform regulations
promulgated pursuant to this Act. Such regulations containing
such determination shall include, but not be limited to: pottery,
basketry, bottles, weapons, weapon projectiles, tools, structures
or portions of structures, pit houses, rock paintings, rock
carvings, intaglios, graves, human skeletal materials, or any
portion or piece of any of the foregoing items. Nonfossilized and
fossilized paleontological specimens, or any portion or piece
thereof, shall not be considered archaeological resources, under
the regulations under this paragraph, unless found in an
archaeological
context. Noitem shall be treated as an archaeological resource
under regulations under this paragraph unless such item is at
least 100 years of age.
(2) The term " Federal land manager" menas, with respect to any
public lands, the Secretary of the department, or the head of any
other agency or instrumentality of the United States, having
primary management authority over such lands. In the case of any
public lands or Indian lands with respect to which no department,
agency, or instrumentality has primary management authority, such
term means the Secretary of the Interior. If the Secretary of the
Interior consents, the responsibilities (in whole or in part)
under this Act of the Secretary of any department (other than the
Department of the Interior) or the head of any other agency or
instrumentality may be delegated to the Secretary of the Interior
with respect to any land managed by such other Secretary or agency
head, and in any such case, the term " Federal land manager" means
the Secretary of the Interior.
(3) The term "public lands" means--
Continental
Shelf and lands which are under the jurisdiction of the
Smithsonian Institution;
(4) The term " Indian lands" means lands of Indian tribes, or
Indian individuals, which are either held in trust by the United
States or subject to a restriction against alienation imposed by
the United States, except for any subsurface interests in lands
not owned or controlled by an Indian tribe or an Indian
individual.
(5) The term " Indian tribe" means any Indian tribe, band,
nation, or other organized group or community, including any
Alaska Native village or regional or village corporation as
defined in, or established pursuant to, the Alaska Native Claims
Settlement Act (85 Stat. 688).
// 43 USC 1601 //
(6) The term "person" means an individual, corporation,
partnership, trust, institution, association, or any other private
entity or any officer, employee, agent, department, or
instrumentality of the United States, of any Indian tribe, or of
any State or political subdivision thereof.
(7) The term " State" means any of the fifty States, the
District of Columbia, Puerto Rico, Guam, and the Virgin Islands.
Sec. 4. // 16 USC 470cc. // (a) Any person may apply to the Federal
land manager for a permit to excavate or remove any archaeological
resource located on public lands or Indian lands and to carry out
activities associated with such excavation or removal. The application
shall be required, under uniform regulations under this Act, to contain
such information as the Federal land manager deems necessary, including
information concerning the time, scope, and location and specific
purpose of the proposed work.
(b) A permit may be issued pursuant to an application under
subsection (a) if the Federal land manager determines, pursuant to
uniform regulations under this Act, that--,
(1) the applicant is qualified, to carry out the permitted
activity,
(2) the activity is undertaken for the purpose of furthering
archaeological knowledge in the public interest,
(3) the archaeological resources which are excavated or removed
from public lands will remain the property of the United States,
and such resources and copies of associated archaeological records
and data will be preserved by a suitable university, museum, or
other scientific or educational institution, and
(4) the activity pursuant to such permit is not inconsistent
with any management plan applicable to the public lands concerned.
(c) If a permit issued under this section may result in harm to, or
destruction of, any religious or cultural site, as determined by the
Federal land manager, before issuing such permit, the Federal land
manager shall notify any Indian tribe which may consider the site as
having religious or cultural importance. Such notice shall not be
deemed a disclosure to the public for purposes of section 9.
(d) Any permit under this section shall contain such terms and
conditions, pursuant to uniform regulations promulgated under this Act,
as the Federal land manager concerned deems necessary to carry out the
purposes of this Act.
(e) Each permit under this section shall identify the individual who
shall be responsible for carrying out the terms and conditions of the
permit and for otherwise complying with this Act and other law
applicable to the permitted activity.
(f) Any permit issued under this section may be suspended by the
Federal land manager upon his determination that the permittee has
violated any provision of subsection (a), (b), or (c) of section 6. Any
such permit may be revoked by such Federal land manager upon assessment
of a civil penalty under section 7 against the permittee or upon the
permittee's conviction under section 6.
(g)(1) No permit shall be required under this section or under the
Act of June 8, 1906 (16 U.S.C. 431), for the excavation or removal by
any Indian tribe or member thereof of any archaeological resource
located on Indian lands of such Indian tribe, except that in the absence
of tribal law regulating the excavation or removal of archaeological
resources on Indian lands, an individual tribal member shall be required
to obtain a permit under this section.
(2) In the case of any permits for the excavation or removal of any
archaelogical resource located on Indian lands, the permit may be
granted only after obtaining the consent of the Indian or Indian tribe
owning or having jurisdiction over such lands. The permit shall include
such terms and conditions as may be requested by such Indian or Indian
tribe.
(h)(1) No permit or other permission shall be required under the Act
of June 8, 1906 (16 U.S.C. 431 - 433), for any activity for which a
permit is issued under this section.
(2) Any permit issued under the Act of June 8, 1906, shall remain in
effect according to its terms and conditions following the enactment of
this Act. No permit under this Act shall be required to carry out any
activity under a permit issued under the Act of June 8, 1906, before the
date of the enactment of this Act which remains in effect as provided in
this paragraph, and nothing in this Act shall modify or affect any such
permit.
(i) Issuance of a permit in accordance with this section and
applicable regulations shall not require compliance with section 106 of
the Act of October 15, 1966 (80 Stat. 917, 16 U.S.C. 470f).
(j) Upon the written request of the Governor of any State, the
Federal land manager shall issue a permit, subject to the provisions of
subsections (b)(3), (b)(4), (c), (e), (f), (g), (h), and (i) of this
section for the purpose of conducting archaeological research,
excavation, removal, and curation, on behalf of the State or its
educational institutions, to such Governor or to such designee as the
Governor deems qualified to carry out the intent of this Act.
Sec. 5. // 16 USC 470dd. The Secretary of the Interior may promulgate
regulations providing for--,
(1) the exchange, where appropriate, between suitable
universities, museums, or other scientific or educational
institutions, of archaeological resources removed from public
lands and Indian lands pursuant to this Act, and
(2) the ultimate disposition of such resources and other
resources removed pursuant to the Act of June 27, 1960 (16 U.S.C.
469 - 469c) or the Act of June 8, 1906 (16 U.S.C. 431 - 433).
any exchange or ultimate disposition under such regulation of
archaeological resources excavated or removed from Indian lands shall be
subject to the consent of the Indian or Indian tribe which owns or has
jurisdiction over such lands. Following promulgation of regulations
under this section, notwithstanding any other provision of law, such
regulation shall govern the disposition of archaeological resources
removed from public lands and Indian lands pursuant to this Act.
Sec. 6. // 16 USC 470ee. // (a) No person may excavate, remove,
damage, or otherwise alter or deface any archaeological resource located
on public lands or Indian lands unless such activity is pursuant to
apermit issued under section 4, a permit referred to in section 4(h)(2),
or the exemption contained in section 4(g)(1).
(b) No person may sell, purchase, exchange, transport, receive, or
offer to sell, purchase, or exchange any archaeological resource if such
resource was excavated or removed from public lands or Indian lands in
violation of--,
(1) the prohibition contained in subsection (a), or
(2) any provision, rule, regulation, ordinance, or permit in
effect under any other provision of Federal law.
(c) no person may sell, purchase, exchange, transport, receive, or
offer to sell, purchase, or exchange, in interstate or foreign commerce,
any archaeological resource excavated, removed, sold, purchased,
exchanged, transported, or received in violation of any provision, rule,
regulation, ordinance, or permit in effect under State or local law.
(d) Any person who knowingly violates, or counsels, procures,
solicits, or employs any other person to violate, any prohibition
contained in subsection (a), (b), or (c) of this section shall, upon
conviction, be fined not more than $10,000 or imprisoned not more than
one year, or both: Provided, however, That if the commercial or
archaeological value of the archaeological resources involved and the
cost of restoration and repair of such resources exceeds the sum of
$5,000, such person shall be fined not more than $20,000 or imprisoned
not more than two years, or both. In the case of a second or subsequent
such violation upon conviction such person shall be fined not more than
$100,000, or imprisoned not more than five years, or both.
(e) The prohibitions contained in this section shall take effect on
the date of the enactment of this Act.
(f) Nothing in subsection (b)(1) of this section shall be deemed
applicable to any person with respect to an archaeological resource
which was in the lawful possession of such person prior to the date of
the enactment of this Act.
(g) Nothing in subsection (d) of this section shall be deemed
applicable to any person with respect to the removal of arrowheads
located on the surface of the ground.
Sec. 7. // 16 USC 47off. // (a)(1) Any person who violates any
prohibition contained in an applicable regulation or permit issued under
this Act may be assessed a civil penalty by the Federal land manager
concerned. No penalty may be assessed under this subsection unless such
person is given notice and opportunity for a hearing with respect to
such violation. Each violation shall be a separate offense. Any such
civil penalty may be remitted or mitigated by the Federal land manager
concerned.
(2) The amount of such penalty shall be determined under regulations
promulgated pursuant to this Act, taking into account, in addition to
other factors--,
(A) the archaeological or commercial value of the
archaeological resource involved, and
(B) the cost of restoration and repair of the resource and the
archaeological site involved.
Such regulations shall provide that, in the case of a second or
subsequent violation by any person, the amount of such civil penalty may
be double the amount which would have been assessed if such violation
were the first violation by such person. The amount of any penalty
assessed under this subsection for any violation shall not exceed an
amount equal to double the cost of restoration and repair of resources
and archaeological sites damaged and double the fair market value of
resources destroyed or not recovered.
(3) No penalty shall be assessed under this section for the removal
of arrowheads located on the surface of the ground.
(b)(1) Any person aggrieved by an order assessing a civil penalty
under subsection (a) may file a petition for judicial review of such
order with the United States District Court for the District of Columbia
or for any other district in which such a person resides or transacts
business. Such a petition may only be filed within the 30-day period
beginning on the date the order making such assessment was issued. The
court shall hear such action on the record made before the Federal land
manager and shall sustain his action if it is supported by substantial
evidence on the record considered as a whole.
(2) If any person fails to pay an assessment of a civil penalty--,
(A) after the order making the assessment has become a final
order and such person has not filed a petition for judicial review
of the order in accordance with paragraph (1), or
(B) after a court in an action brought under paragraph (1) has
entered a final judgment upholding the assessment of a civil
penalty,
the Federal land managers may request the Attorney General to institute
a civil action in a district court of the United States for any district
in which such person is found, resides, or transacts business to collect
the penalty and such court shall have jurisdiction to hear and decide
any such action. In such action, the validity and amount of such
penalty shall not be subject to review.
(c) Hearings held during proceedings for the assessment of civil
penalties authorized by subsection (a) shall be conducted in accordance
with section 554 of title 5 of the United States Code. The Federal land
manager may issue subpenas 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 to witnesses in the courts of the United States.
In case of contumacy or refusal to obey a subpena served upon any person
pursuant to this paragraph, 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 Federal land manager or to
appear and produce documents before the Federal land manager, or both,
and any failure to obey such order of the court may be punished by such
court as a contempt thereof.
Sec. 8. // 16 USC 470gg. // (a) Upon the certification of the
Federal land manager concerned, the Secretary of the Treasury is
directed to pay from penalties and fines collected under sections 6 and
7 an amount equal to one-half of such penalty or fine, but not to exceed
$500, to any person who furnishes information which leads to the finding
of a civil violation, or the conviction of criminal violation, with
respect to which such penalty or fine was paid. If several persons
provided such information, such amount shall be divided among such
persons. No officer or employee of the United States or of any State or
local government who furnishes information or renders service in the
performance of his official duties shall be eligible for payment under
this subsection.
(b) All archaeological resources with respect to which a violation of
subsection (a), (b), or (c) of section 6 occurred and which are in the
possession of any person, and all vehicles and equipment of any person
which were used in connection with such violation, may be (in the
discretion of the court or administrative law judge, as the case may be)
subject to forfeiture to the United States upon--,
(1) such person's conviction of such violation under section 6,
(2) assessment of a civil penalty against such person under
section 7 with respect to such violation, or
(3) a determination by any court that such archaeological
resources, vehicles, or equipment were involvd in such violation.
(c) In cases in which a violation of the prohibition contained in
subsection (a), (b), or (c) of section 6 involve archaeological
resources excavated or removed from Indian lands, the Federal land
manager or the court, as the case may be, shall provide for the payment
to the Indian or Indian tribe involved of all penalties collected
pursuant to section 7 and for the transfer to such Indian or Indian
tribe of all items forfeited under this section.
Sec. 9. // 16 USC 470hh. // (a) Information concerning the nature
and location of any archaeological resource for which the excavation or
removal requires a permit or other permission under this Act or under
any other provision of Federal law may not be made available to the
public under subchapter II of chapter 5 of title 5 of the United States
Code // 5 USC 551. // or under any other provision of law unless the
Federal land manager concerned determines that such disclosure would--,
(1) further the purposes of this Act or the Act of June 27,
1960 (16 US.C. 469 - 469c), and
(2) not create a risk of harm to such resources or to the site
at which such resources are located.
(b) Notwithstanding the provisions of subsection (a), upon the
written request of the Governor of any State, which request shall
state--,
(1) the specific site or area for which information is sought,
(2) the purpose for which such information is sought,
(3) a commitment by the Governor to adequately protect the
confidentiality of such information to protect the resource from
commercial exploitation,
the Federal land manager concerned shall provide to the Governor
information concerning the nature and location of archaeological
resources within the State of the requesting Govenor.
Sec. 10. // 16 USC 470ii. // (a) The Secretaries of the Interior,
Agriculture and Defense and the Chairman of the Board of the Tennessee
Valley Authority, after consultation with other Federal land managers,
Indian tribes, representatives of concerned State agencies, and after
public notice and hearing, shall promulgate such uniform rules and
regulations as may be appropriate to carry out the purposes of this Act.
Such rules and regulations may be promulgated only after consideration
of the provisions of the American Indian Religious Freedom Act (92 Stat.
469; 42 U.S.C. 1996). Each uniform rule or regulation promulgated
under this Act shall be submitted on the same calendar day to the
Committee on Energy and Natural Resources of the United States Senate
and to the Committee on Interior and Insular Affairs of the United
States House of Representatives, and no such uniform rule or regulation
may take effect before the expiration of a period of ninety calendar
days following the date of its submission to such Committees.
(b) Each Federal land manager shall promulgate such rules and
regulations, consistent with the uniform rules and regulations under
subsection (a), as may be appropriate for the carrying out of his
functions and authorities under this Act.
Sec. 11. // 16 USC 470jj. // The Secretary of the Interior shall
take such action as may be necessary, consistent with the purposes of
this Act, to foster and improve the communication, cooperation, and
exchange of information between--,
(1) private individuals having collections of archaeological
resources and data which were obtained before the date of the
enactment of this Act, and
(2) Federal authorities responsible for the protection of
archaeological resources on the public lands and Indian lands and
professional archaeologists and associations of professional
archaeologists.
In carrying out this section, the Secretary shall, to the extent
practicable and consistent with the provisions of this Act, make efforts
to expand the archaeological data base for the archaeological resources
of the United States through increased cooperation between private
individuals referred to in paragraph (1) and professional archaeologists
and archaeological organizations.
Sec. 12. // 16 USC 470kk. // (a) Nothing in this Act shall be
construed to repeal, modify, or impose additional restrictions on the
activities permitted under existing laws and authorities relating to
mining, mineral leasing, reclamation, and other multiple uses of the
public lands.
(b) Nothing in this Act applies to, or requires a permit for, the
collection for private purposes of any rock, coin, bullet, or mineral
which is not an archaeological resource, as determined under uniform
regulations promulgated under section 3(1).
(c) Nothing in this Act shall be construed to affect any land other
than public land or Indian land or to affect the lawful recovery,
collection, or sale of archaeological resources from land other than
public land or Indian land.
Sec. 13. // 16 USC 470ll. // As part of the annual report required
to be submitted to the specified committees of the Congress pursuant to
section 5(c) of the Act of June 27, 1960 (74 Stat. 220; 16 U.S.C. 469 -
469a), the Secretary of the Interior shall comprehensively report as a
separate component on the activities carried out under the provisions of
this Act, and he shall make such recommendations as he deems appropriate
as to changes or improvements needed in the provisions of this Act.
Such report shall include a brief summary of the actions undertaken by
the Secretary under section 11 of this Act, relating to cooperation with
private individuals.
Apprroved October 31, 1979.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 311 (Comm. on Interior and Insular Affairs).
SENATE REPORT No. 96 - 179 accompanying S. 490 (Comm. on Energy and
Natural Resources). CONGRESSIONAL RECORD, Vol. 125 (1979):
July 9, considered and passed House.
July 30, considered and passed Senate, amended, in lieu of S.
490.
Oct. 12, House agreed to Senate amendments with an amendment.
Oct. 17, Senate concurred in House amendment.
PUBLIC LAW 96-94, 93 STAT, 720
extend for two months certain
authorities relating to the international energy
program.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That subsection (j) of
section 252 of the Energy Policy and Conservation Act (42 U.S.C. 6272(
j)) is amended by striking out " October 31, 1979" and inserting in lieu
thereof " November 30, 1979".
Approved October 31, 1979.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 511 (Comm. on International and Foreign
Commerce).
CONGRESSIONAL RECORD, Vol. 125 (1979):
Oct. 22, considered and passed House.
Oct. 31, considered and passed Senate, amended; House
concurred in Senate amendment.
PUBLIC LAW 96-93, 93 STAT, 713, DISTRICT OF COLUMBIA APPROPRIATION
ACT, 1980
of Columbia and other
activities chargeable in whole or in part against the
revenues of said District for
the fiscal year ending September 30, 1980, and for
other purposes.
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, 1980, and for other purposes, namely:
For salaries and expenses necessary to carry out the provisions of
the Act creating the Temporary Commission on Financial Overrsight of the
District of Columbia (Public Law 94 - 399), // D.C . Code 47 - 101 //
$500,000, 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, // 5 USC 5101 5331 5361 7501 // and those
provisions of such title relating to the appointment in the competitive
service. For purposes of pay (other than pay of the Executive Director)
and employment benefits, rights, and privileges, all personnel of the
Commission shall be treated as Congressional employees. 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. // 44
FR 58678. 5 USC 5315. //
For payment to the District of Columbia for the fiscal year ending
September 30, 1980, $238,200,000, 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 $10,500,000 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).
OUTLAY
For loans to the District of Columbia, as authorized by the District
of Columbia Self-Government and Governmental Reorganization Act, Public
Law 93 - 198, as amended, $125,000,000, 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:
Governmental direction and support, $63,456,900, of which $300,000
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 not to exceed
$500,000 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 $500,000 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, // D.C. Code 47 - 101 // approved
September 4, 1976.
Economic development and regulation, $16,127,000.
Public safety and justice, including purchase of one hundred and
thirty-five passenger motor vehicles for replacement only (including one
hundred and thirty for police-type use and five for fire-type use
without regard to the general purchase price limitation for the current
fiscal year); $295,472,300, of which $5,863,400 shall be payable from
the revenue sharing trust fund: 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 vehilce exceeds
three-fourths the cost of the replacement: Provided further, That funds
appropriated for expenses under the Criminal Justice Act of 1974 (Public
Law 93 - 412) // D.C. Code 11 - 2601 // for fiscal year 1980 shall be
available for obligations incurred under that Act in each fiscal year
since inception in fiscal year 1975: 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 $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.
Public education system, including the development of national
defense education programs, $312,493,500, of which $8,164,100 shall be
payable from the revenue sharing trust fund, to be allocated as follows:
$232,100,200 for the District of Columbia Public Schools; $22,705,000
for the Teachers' Retirement Fund; $47,611,600 for the University of
the District of Columbia; $9,725,200 for the Public Library; and
$351,500 for the Commission on the Arts and Humanities: 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 $2,500 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 the
$22,705,000 of this appropriation allocated for the Teachers' Retirement
Fund shall be transferred to the Teachers' Retirement Fund, inaccordance
with the provisions of section 7 of the Act of August 7, 1946 (60 STAT.
879, as amended; D.C. Code, sec. 31 - 727): Provided further That not
less than $7,257,800 of this appropriation shall be used exclusively for
maintenance of the public schools.
Human support services, including care and treatment of indigent
patients in institutions under contracts to be made by the Director of
the Department of Human Resources, $347,359,500, of which $6,728,200
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 except for
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, // 42 USC 1396 // and the inpatient rate
(excluding the proportionate share for repairs and construction) for
services rendered by Saint Elizabeths Hospital for patient care shall be
at the per diem rate established pursuant to 24 U.S.C. 168a: Provided
further, That total reimbursements to Saint Elizabeths Hospital,
including funds from title XIX of the Social Security Act, shall not
exceed $18,691,800: Provided further, That $5,807,100 of this
appropriation, to remain available until expended, shall be available
solely for District of Columbia employees' disability compensation:
Provided further, That none of the funds appropriated for the summer
youth jobs program shall be obligated until the Subcommittees on the
District of Columbia Appropriations of the House of Representatives and
the Senate have approved a plan submitted by the Mayor and the City
Council detailing proposed expenditures.
Transportation services and assistance, including rental of one
passenger-carryng vehicle for use by the Mayor and purchase of one
hundred and twenty-nine passenger-carrying vehicles, of which
seventy-eight shall be for replacement only, $92,084,100, of which
$7,444,300 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 $2,900,000
of this appropriation shall be available for the fiscal year 1978
Metrobus operating subsidy: Provided further, That $4,890,400 of this
appropriation shall be available for the fiscal year 1979 Metrobus
operating subsidy.
Environmental services and supply, $78,297,800, 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 for 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
1980 from which employees are properly payable, $58,354,500.
For reimbursement to the United States of funds loaned in compliance
with the Act of August 7, 1946 (60 Stat. 896), as amended; sections
108,217, and 402 of the Act of May 18, 1954 (68 Stat. 103, 109, and
110), as amended; the Act of July 2, 1954 (68 Stat. 443); 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, including interest as required
thereby, $120,457,300.
For construction projects as authorized by the Acts of April 22, 1904
(33 Stat. 244), May 18, 1954 (68 Stat. 105, 110), June 6, 1958 (72 Stat.
183), August 20, 1958 (72 Stat. 686), and the Act of December 9, 1969
(83 Stat. 321); including adquisition 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, $157,531,300:
Provided, That $5,378,100 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, // D.C. Code 7 - 135 // approved August 23, 1968),
for which funds are provided by this paragraph shall expire on September
30, 1981, 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.
SEC. 201. Except as otherwise provided in this title, 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 17 cents per
mile but not to exceed $60 a month for each automobile and at 11 cents
per mile but not to exceed $40 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 $935
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 // D.C. Code 7 - 701 // shall
not be a available for the payment of rates for electric current for
street lighting in excess of two 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 Columbia: Provided, That no part of
any funds so appropriated shall be used for the payment of any judgment
entered by any court against the government of the District of Columbia
requiring the payment for electric current for street lighting at a rate
in excess of two cents per kilowatt-hour for current consumed: Provided
further, 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, // D.C. Code 47 - 1586j. // 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 // D.C. Code 3 - 204 // and for the non-Federal
share of funds necesaary to qualify for Federal assistance under the Act
of July 31, 1968 (Public Law 90 - 445). // D.C. Code 3 - 204. 42 USC
3801 //
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 // D.C.
Code 40 - 501a // 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, 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, 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, or for
performing services as a chauffeur or driver of a motor vehicle assigned
for the personal or individual use of the Mayor.
SEC. 211. Not to exceed 4 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 // D.C. Code 1 - 216 // shall
not be available, during the fiscal year ending September 30, 1980, 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 37,886:
Provided, That--,
shall
be set aside as the maximum number of permanent,
authorized
employees as follows: Appropriated positions, 33,659
of
which 9,652 shall be for Public Schools; reimbursable
and
revolving fund positions, 1,090; capital outlay
positions, 781;
District of Columbia General Hospital, 2,356; and
District
of Columbia General Hospital shall not exceed thier
respective
employment limitations and are hereby required to
report monthly to the Mayor, for the purpose of
maintaining
controls on city-wide employment, regarding the total
number of current employees and the total number of
separations and filling of positions within their
respective
employment limitations; or
(2) as a temporary or part-time employee in the government of
the District of Columbis 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
acvtivities. Nothing herein is intended to prohibit the availability of
school buildings for the use of any community group during non-school
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 1981 shall be transmitted to the Congress by not later
than February 1, 1980. None of the funds appropriated in this Act shall
be made available to pay the salary of any employee of the government of
the District of Columbia whose name, title, grade, salary, past work
experience, and salary history are not available for inspection by the
House and Senate Committees on Appropriations or their duly authorized
representatives.
SEC. 217. There are hereby appropriated from the applicable funds of
the District of Columbia such sums as may be necessary for making
payments authorized by the District of Columbia Revenue Recovery Act of
1977, D.C. Law 2 - 20, // D.C. Code 47 - 331 // approved September 23,
1977.
SEC. 218. None of the funds contained in this Act shall be made
available to pay the salary of any employee of the government of the
District of Columbia whose name and salary are not available for public
inspection.
SEC. 219. No part of this appropriation shall be used for publicity
or propaganda purposes or implementation of any policy including boycott
designed to support or defeat legislation pending before Congress or any
State legislature.
SEC. 220. None of the Federal funds provided in this Act shall be
used to perform abortions except where the life of the mother would be
endangered if the fetus were carried to term; or except for such
medical procedures necessary for the victims of rape or incest, when
such rape or incest has been reported promptly to a law enforcement
agency or public health service. Nor are payments prohibited for drugs
or devices to prevent implantation of the fertilized ovum, of for
medical procedures necessary for the termination of an ectopic
pregnancy.
This Act may be cited as the " District of Columbia Appropriation
Act, 1980".
Approved October 30, 1979.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 96 - 294 (Comm. on Appropriations) and No. 96 -
443 (Comm. of Conference).
SENATE REPORT No. 96 - 257 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 125 (1979):
July 11, 17, considered and passed House.
July 27, considered and passed Senate, amended.
Oct. 16, House agreed to conference report; receded from its
disagreement and concurred in one Senate amendment, and in others
with amendments.
Oct. 22, Senate agreed to conference report, concurred in House
amendments.
PUBLIC LAW 96-92, 93 STAT, 701, INTERNATIONAL SECURITY ASSISTANCE ACT
OF 1979.
OCTOBER 29, 1979
Arms Export Control Act to
authorize international security assistance programs
for fiscal year 1980, and for
other purposes.
Be it enacted by the Senate and House Representatives of the United
States of America in Congress assembled,
SECTION 1. This Act // 22 USC 2151 // may be cited as the "
International Security Assistance Act of 1979".
SEC. 2. (a) The heading for chapter 5 of part I of the Foreign
Assistance Act of 1961 // 22 USC 2261. // is amended by striking out "
CONTINGENCY FUND" and inserting in lieu thereof " CONTINGENCIES".
(b) Section 451 of such Act // 22 USC 2261. // is amended--,
(1) by striking out " CONTINGENCY FUND" and inserting in lieu
thereof " CONTINGENCIES"; and
(2) by amending subsection (a) to read as follows:
"(a)(1) Notwithstanding any other provision of law, the President is
authorized to use not to exceed $10,000,000 of funds made available in
any fiscal year to carry out any provision of this Act (other than the
provisions of chapter 1 of this part) // 22 USC 2151. // in order to
provide, for any emergency purposes, assistance authorized by this part
in accordance with the provisions applicable to the furnishing of such
assistance.
"(2) The President shall report promptly to the Speaker of the House
of Representatives and to the Committee on Foreign Relations and the
Committee on Appropriations of the Senate each time he exercises the
authority contained in this subsection.".
SEC. 3. (a) Section 482(a) of the Foreign Assistance Act of 1961 //
92 Stat. 731. 22 USC 2291a. // is amended to read as follows:
"(a)(1) To carry out the purposes of section 481, // 22 USC 2291. //
there are authorized to be appropriated to the President $51,758,000 for
the fiscal year 1980.
"(2) Of the amount authorized to be appropriated for the fiscal year
1980 by paragraph (1), $16,000,000 shall be available only for the
Republic of Colombia for the interdiction of drug traffic. Such funds
may be used only (A) for helicopters, patrol vessels, fixed radar
equipment, transport vehicles, and fuel, which will be used exclusively
for interdicting drug traffic, and (B) for training personnel with
respect to the interdiction of drug traffic.
"(3) Funds appropriated under this subsection for the fiscal year
1980 may not be used for a contribution to the United Nations Fund for
Drug Abuse Control in an amount which exceeds the lesser of $3,000,000
or 25 percent of the total contributions by all countries to such Fund
for the calendar year with respect to which the United States
contribution is made.
"(4) Amounts appropriated under this subsection are authorized to
remain available until expended.".
(b ) Section 481(d)(1) of such Act // 92 Stat. 730. 22 USC 2291. //
is amended by striking out "or used for any program involving" and
inserting in lieu thereof "for the purpose of".
SEC. 4. Section 502 B of the Foreign Assistance Act of 1961 // 22
USC 2304. // is amended by adding at the end thereof the following new
subsection:
"(f) In allocating the funds authorized to be appropriated by this
Act // 22 USC 2751 // and the Arms Export Control Act, the President
shall take into account significant improvements in the human rights
records of recipient countries, except that such allocations may not
contravene any other provision of law.".
SEC. 5. (a) Section 504(a)(1) of the Foreign Assistance Act of 1961
// 22 USC 2312. // is amended to read as follows:
"(a)(1) There are authorized to be appropriated to the President to
carry out the purposes of this chapter not to exceed $110,200,000 for
the fiscal year 1980. Not more than the following amounts of funds
available to carry out this chapter may be allocated and made available
for assistance to each of the following countries for the fiscal year
1980:
" Country Amount
Portugal-----$30,000,000
Spain-------3,800,000
Jordan------30,000,000
Philippines------25,000,000
The amount specified in this paragraph for military assistance to any
such country may be increased by not more than 10 percent of such amount
if the President deems such increase necessary for the purposes of this
chapter.".
(b) Section 506 of such Act // 22 USC 2318. // is amended to read as
follows:
" SEC. 506. SPECIAL AUTHORITY.--(A) If the President determines and
reports to the Congress in accordance with section 652 of this Act // 22
USC 2411. // that--,
"(1) an unforeseen emergency exists which requires immediate
military assistance to a foreign country or international
organization; and
"(2) the emergency requirement cannot be met under the
authority of the Arms Export Control Act
// 22 USC 2751 //
or any other law except this section;
he may direct, for the purposes of this part, the drawdown of defense
articles from the stocks of the Department of Defense, defense services
of the Department of Defense, and military education and training, of an
aggregate value of not to exceed $10,000,000 in any fiscal year.
"(b)(1) The authority contained in this section shall be effective
for any such emergency only upon prior notification to the Committee on
Foreign Affairs of the House of Representatives, the Committee on
Foreign Relations of the Senate, and the Committee on Appropriations of
each House of Congress.
"(2) The President shall keep the Congress fully and currently
informed of all defense articles, defense services, and military
education and training provided under this section.
"(c) There are authorized to be appropriated to the President such
sums as may be necessary to reimburse the applicable appropriation,
fund, or account for defense articles, defense services, and military
education and training provided under this section.".
(c) Section 516(a) of such Act // 22 USC 2321j. // is amended by
striking out "until September 30, 1981," and all that follows thereafter
and inserting in lieu thereof "shall remain available for a period of
three fiscal years next following any fiscal year after the fiscal year
1977 for which assistance under this chapter has been authorized for a
country, to the extent necessary to carry out obligations incurred under
this chapter with respect to such assistance for such country on or
before September 30 of such fiscal year.".
COUNTRIES
SEC. 6. (a) Section 514 of the Foreign Assistance Act of 1961 // 22
USC 2321h. // is amended--,
(1) in subsection (b)(2), by striking out "$90,000,000 for the
fiscal year 1979" and inserting in lieu thereof "$95,000,000 for
the fiscal year 1980"; and
(2) in subsection (c), by inserting "the Republic of Korea or"
immediately after "stockpiles located in".
(b) The President shall transmit to the Congress not later than
December 31, 1979, a report regarding the stockpiling authorities for
the Republic of Korea. The report shall--,
(1) detail the goals of the stockpiling program for the
Republic of Korea, including projections for additional
stockpiling authority;
(2) review the procedures for the transfer of stockpiled
materiel in time of war and recommend changes if necessary; and
(3) state the intentions of the executive branch with regard to
the eventual peacetime disposition of the stockpiled materiel,
including the general terms and conditions of any peacetime
transfer.
SEC. 7. Section 515 of the Foreign Assistance Act of 1961 // 22 USC
2321i. // is amended--,
(1) in subsection (b)(1)--,
lieu
thereof "fiscal year 1980"; and
(2) in subsection (f), by striking out " December 31, 1977" and
inserting in lieu thereof " December 31, 1978".
SEC. 8. (a) Section 531(b)(1) of the Foreign Assistance Act of 1961
// 92 Stat. 733. 22 USC 2346. // is amended by striking out "for the
fiscal year 1979, $1,902,000,000" and inserting in lieu thereof "for the
fiscal year 1980, $1,935,000,000".
(b) Section 532 of such Act // 92 Stat. 733. 22 USC 2346a. // is
amended by striking out subsection (b) and inserting in lieu thereof the
following:
"(b)(1) Of the amount authorized to be appropriated to carry out this
chapter for the fiscal year 1980, not less than $785,000,000 shall be
available only for Israel and not less than $750,000,000 shall be
available only for Egypt. Not less than two-thirds of such funds shall
be provided on a grant basis to each such country.
"(2) The total amount of funds allocated for Israel under this
chapter for the fiscal year 1980 may be made available as a cash
transfer. In exercising the authority of this paragraph, the President
shall ensure that the level of cash transfers made to Israel does not
cause an adverse impact on the total amount of nonmilitary exports from
the United States to Israel.
"(c) It is the sense of the Congress that programs which stress
regional development or regional scientific and technical cooperation in
the Middle East can contribute in an important way to the mutual
understanding that must serve as the basis for permanent peace in the
Middle East.
"(d) It is the sense of the Congress that--,
"(1) funds made available under this chapter for countries in
the Middle East are designed to promote progress toward a
comprehensive peace settlement in the Middle East; and
"(2) for Syria and Jordan to continue to receive funds under
this chapter, it should be judged by the President that they are
acting in good faith to achieve further progress toward a
comprehensive peace settlement and that the expenditure of the
funds will serve the process of peace in the Middle East.
"(e) None of the funds authorized to be appropriated to carry out
this chapter for the fiscal year 1980 may be used to provide assistance
for Syria, unless the President determines, and so reports to the
Congress, that assistance for Syria is in the national interest of the
United States.".
(c) Section 533 of such Act // 92 Stat. 735. 22 USC 2346b. // is
amended to read as follows:
" SEC. 533. SOUTHERN AFRICA PROGRAMS.--(A) Of the amount authorized
to be appropriated to carry out this chapter for the fiscal year 1980,
$68,000,000 shall be available for the countries of southern Africa and
for a southern Africa regional refugee support, training, and economic
planning program to address the problems caused by the economic
dislocation resulting from the conflict in that region and for education
and job training assistance. Such funds may be used to provide
humanitarian assistance to African refugees and persons displaced by war
and internal strife in southern Africa, to improve transportation links
interrupted or jeopardized by regional political conflicts, and to
provide support to countries in that region.
"(b) No assistance may be furnished under this section to Mozambique,
Angola, Tanzania, or Zambia, except that the President may waive this
prohibition with respect to any such country if he determines, and so
reports to the Congress, that furnishing such assistance to such country
would further the national interests of the United States.".
(d) Section 534 of such Act // 92 Stat. 735. 22 USC 2346c. // is
amended to read as follows:
" SEC. 534. TURKEY AND CYPRUS PROGRAMS.--(A) Of the amount
authorized to be appropriated to carry out this chapter for the fiscal
year 1980, $15,000,000 shall be available only for Cyprus for refugee
relief, reconstruction, or other activities consistent with a
reconciliation on Cyprus.
"(b) Of the amount authorized to be appropriated to carry out this
chapter for the fiscal year 1980, not more than $98,000,000 shall be
available for Turkey.".
(e) Chapter 4 of part II of such Act is amended by adding at the end
thereof the following new section:
" SEC. 535. // 22 USC 2346d. // SUDAN PROGRAM.-- Of the amount
authorized to be appropriated to carry out this chapter for the fiscal
year 1980, not less than $40,000,000 shall be available for Sudan.".
SEC. 9. Section 542 of the Foreign Assistance Act of 1961 // 22 USC
2347a. // is amended by striking out "$31,800,000 for the fiscal year
1979" and inserting in lieu thereof "$31,800,000 for the fiscal year
1980, except that no part of such amount may be made available for
Inter-American regional programs unless the foreign countries
participating in such programs collectively contribute an equivalent
amount to carry out the purposes of such programs".
SEC. 10. (a) Section 552(a) of the Foreign Assistance Act of 1961 //
92 Stat. 736. 22 USC 2348a. // is amended by striking out "$30,900,000
for the fiscal year 1979" and inserting in lieu thereof "$21,100,000 for
the fiscal year 1980".
(b) Section 551 of such Act // 92 Stat. 736. 22 USC 2348. // is
amended by adding at the end thereof the following new sentence: " Such
assistance may include reimbursement to the Department of Defense for
expenses incurred pursuant to section 7 of the United Nations
Participation Act of 1945, // 22 USC 287d-1. // except that such
reimbursements may not exceed $5,000,000 in any fiscal year unless a
greater amount is specifically authorized by this section.".
(c) Section 552 of such Act // 92 Stat. 736. 22 USC 2348a.// is
amended by adding at the end thereof the following new subsection:
"(c) If the President determines that, as the result of an unforeseen
emergency, the provision of assistance under this chapter in amounts in
excess of funds otherwise available for such assistance is important to
the national interests of the United States, the President may exercise
the authority of section 610(a) of this Act // 22 USC 2360. 92 Stat.
733. 22 USC 2346. // to transfer funds available to carry out chapter
4 of this part for use under this chapter without regard to the
20-percent increase limitation contained in such section, except that
(1) the total amount so transferred in any fiscal year may not exceed
$10,000,000, and (2) earmarked funds may not be transferred.".
PROCUREMENT
ARRANGEMENTS WITHIN THE NORTH ATLANTIC TREATY
ORGANIZATION
SEC. 11. Subparagraph (C) of section 3(d)(3) of the Amrs Export
Control Act // 22 USC 2753. // is amended to read as follows:
"(C) to arrangements among members of the North Atlantic Treaty
Organization or between the North Atlantic Treaty Organization and
any of its member countries--,
transmitted
to the Congress pursuant to section 36(b) of this Act
// 22 USC 2776. //
with regard to such lead-nation procurement identified
the
transferees on whose behalf the lead-nation procurement
was proposed.".
CONTRACT AUDIT
SERVICES
SEC. 12. Section 21 of the Arms Export Control Act // 22 USC 2761.
// is amended--,
(1) by redesignating subsection (h) as subsection (i); and
(2) by inserting the following new subsection (h) immediately
after subsection (g):
"(h) The President is authorized to provide (without charge) quality
assurance, inspection, and contract audit defense services under this
section--,
"(1) in connection with the placement or administration of any
contract or subcontract for defense articles or defense services
entered into after the date of enactment of this subsection by, or
under this Act on behalf of, a foreign government which is a
member of the North Atlantic Treaty Organization, if such
government provides such services in accordance with an agreement
on a reciprocal basis, without charge, to the United States
Government; or
"(2) in connection with the placement or administration of any
contract or subcontract for defense articles or defense services
pursuant to the North Atlantic Treaty Organization Infrastructure
Program in accordance with an agreement under which the foreign
governments participating in such program provide such services,
without charge, in connection with similar contracts or
subcontracts.".
SEC. 13. Section 25(d) of the Arms Export Control Act // 92 Stat.
740. 22 USC 2765. // is amended--,
(1) by inserting "weapons or weapons-related" immediately after
"major";
(2) by striking out "defense articles or defense services" and
inserting in lieu thereof "weapons or weapons-related defense
equipment";
(3) by adding at the end thereof the following new sentence: "
Sales deemed most likely actually to result in the issuance of a
letter of offer during such fiscal year shall be appropriately so
identified in the reports submitted pursuant to this paragraph and
paragraph (2) of this subsection."; and
(4) by inserting "(1)" immediately after "(d)" and by adding at
the end thereof the following new paragraph:
"(2) The President shall notify the Congress in writing at intervals
of six months of any changes in the Arms Sales Proposal for such fiscal
year, together with the reasons therefor.".
SEC. 14. Section 25 of the Arms Export Control Act // 22 USC 2765.
// is amended by adding at the end thereof the following new subsection:
"(e) The President shall transmit to the Congress, at the time of the
transmittal of each Arms Sales Proposal required by subsection (d)( 1),
a classified report detailing the executive branch's best estimates with
regard to the international volume of arms traffic. The report shall
include estimates on an annual basis of the sale and delivery of weapons
and weapons-related defense equipment by all major arms suppliers to all
major recipient countries during the preceding three years.".
PROJECTS
SEC. 15. Chapter 2 of the Arms Export Control Act is amended by
adding at the end thereof the following new section:
" SEC. 27. // 22 USC 2767. // NORTH ATLANTIC TREATY ORGANIZATION
COOPERATIVE PROJECTS.--(A) For purposes of this section, the term
'cooperative project' means a project described in an agreement, entered
into after the date of enactment of this section, under which--,
"(1) the North Atlantic Treaty Organization, or one or more
member countries thereof, agrees to share with the United States
the costs of research on and development, testing, and evaluation
of certain defense articles, and the costs of any agreed joint
production ensuing therefrom, in order to further the objectives
of standardization and interoperability of the armed forces of
North Atlantic Treaty Organization member countries; or
"(2) the North Atlantic Treaty Organization, or one or more
member countries thereof other than the United States, agrees to
bear the costs of research on and development, testing, and
evaluation of certain defense articles (or categories of defense
articles) and to have such articles produced for sale to, and
licensed for production within, other participant member countries
including the United States, and the United States agrees to bear
the costs of research on and development, testing, and evaluation
of other defense articles (or categories of defense articles) and
to have such defense articles produced for sale to, and licensed
for production within, other participant member countries in order
to further the objectives of rationalization of the industrial and
technological resources within the North Atlantic Treaty area.
"(b)(1) The President may reduce or waive the charge or charges which
would otherwise be considered appropriate under section 21(e) of this
Act // 22 USC 2761. // (and, in the case of agreements described in
subsection (a)(2) of this section, may reduce or waive the charges for
reimbursement of the costs of officers and employees of the United
States Government which would otherwise be required) in connection with
sales under section 21 and section 22 of this Act // 22 USC 2762. // in
furtherance of cooperative projects. Notwithstanding the provisions of
section 21(e)(1)(A) and section 43(b) of this Act, // 22 USC 2792. //
administrative surcharges shall not be increased on other sales made
under this Act in order to compensate for reductions or waivers of such
surcharges under this section. Funds received pursuant to such other
sales shall not be available to reimburse the costs incurred by the
United States Government for which reduction or waiver is approved by
the President under this section.
"(2) The provisions of paragraph (1) shall apply only if for each
cooperative project the other countries which participate in such
cooperative project reciprocate by waiving comparable charges for their
sales related to such cooperative project and if the President
determines that the magnitude of the contribution of a member country of
the North Atlantic Treaty Organization to such cooperative project would
help the United States conserve defense resources and promote a stronger
alliance.
"(c)(1) Not less than thirty days prior to signature on behalf of the
United States of an agreement for a cooperative project, the President
shall transmit to the Speaker of the House of Representatives, the
chairman of the Committee on Foreign Relations of the Senate, and the
chairman of the Committee on Armed Services of the Senate, a numbered
certification with respect to such proposed agreement, setting forth--,
"(A) a detailed description of the cooperative project with
respect to which the certification is made;
"(B) an estimate of the amount of sales and exports expected to
be made or approved under this Act in furtherance of such
cooperative project;
"(C) an estimate of the dollar value of any charges expected to
be reduced or waived under this section in connection with such
cooperative project, such dollar value to consist of expenses that
will be charged against Department of Defense funds without
reimbursement and amounts not to be recovered and deposited to the
General Fund of the Treasury;
"(D) an estimate of the dollar value of the costs to be borne
by the North Atlantic Treaty Organization or by the member
countries thereof in connection with such cooperative project;
and
"(E) a statement of the foreign policy and national security
benefits anticipated to be derived from such cooperative project.
"(2) The provisions of subsection (b) of section 36 of this Act // 22
USC 2776. // shall not apply to sales made under section 21 or section
22 of this Act // 22 USC 2761, 2762. // and the provisions of
subsection (c) of section 36 of this Act shall not apply to the issuance
of licenses or other approvals under section 38 of this Act, // 22 USC
2778. // if such sales are made, or such licenses or approvals are
issued, in furtherance of a cooperative project.".
SEC. 16. (a) Chapter 2 of the Arms Export Control Act, as amended by
section 15 of this Act, is further amended by adding at the end thereof
the following new section:
" SEC. 28. // 22 USC 2768. // REPORTS ON PRICE AND AVAILABILITY
ESTIMATES.--(A) The President shall transmit to the Speaker of the House
of Representatives and the chairman of the Committee on Foreign
Relations of the Senate, within five days after the end of each calendar
quarter, a report listing each price and availability estimate provided
by the United States Government during such quarter to a foreign country
with respect to a possible sale under this Act of major defense
equipment for $7,000,000 or more or of any other defense articles or
defense services for $25,000,000 or more. Each such listing shall
specify the name of the country to which the estimate was provided, the
defense articles or services involved, the quantity involved, and the
price estimate provided.
"(b) Such reports shall also list each request received by the United
States Government from a foreign country, during the quarter in
question, for the issuance of a letter of offer to sell defense articles
or defense services if (1) the proposed sale has not been the subject of
a listing pursuant to subsection (a) of this section, and (2) the
issuance of a letter of offer in accordance with such request would be
subject to the requirements of section 36(b) of this Act. // 22 USC
2776. // Each such listing shall include the name of the country making
the request, the date of the request, the defense articles or services
involved, the quantity involved, and the price and availability terms
requested.".
(b) section 36(b) of such Act // 22 USC 2776. // is amended by
adding at the end thereof the following new paragraph:
"(4) In addition to the other information required to be contained in
a certification submitted to the Congress under this subsection, each
such certification shall cite any quarterly report submitted pursuant to
section 28 of this Act which listed a price and availability estimate,
or a request for the issuance of a letter of offer, which was a basis
for the proposed sale which is the subject of such certification.".
MILITARY
SALES CREDITS
SEC. 17. (a) Section 31 of the Arms Export Control Act // 22 USC
2771. // is amended--,
(1) in subsection (a), by striking out "$682,000,000 for the
fiscal year 1978 and $674,300,000 for the fiscal year 1979" and
inserting in lieu thereof "$673,500,000 for the fiscal year 1980";
(2) in subsection (b), by striking out "$2,152,350,000 for the
fiscal year 1978 and $2,085,500,000 for the fiscal year 1979, of
which amount for each such year" and inserting in lieu thereof
"$2,235,000,000 for the fiscal year 1980, of which";
(3) in subsection (c), by striking out "fiscal year 1979" and
inserting in lieu thereof "fiscal year 1980"; and
(4) in subsection (d), by striking out "$150,000,000" and
inserting in lieu thereof "$250,000,000".
(b) Of the principal amount of loans guaranteed for the fiscal year
1980 under section 24 of the Arms Export Control Act--, // 22 USC 2771
22 USC 2764. //
(1) with respect to Turkey, not to exceed $50,000,000,
(2) with respect to Greece, not to exceed $42,000,000, and
(3) with respect to Sudan, not to exceed $25,000,000,
shall be repaid in not less than 20 years, following a grace period of
10 years on repayment of principal.
SEC. 18. Section 33 of the Arms Export Control Act // 22 USC 2773.
// is amended to read as follows:
" SEC. 33. RESTRAINT IN ARMS SALES TO SUB- SAHARAN AFRICA.-- It is
the sense of the Congress that the problems of Sub-Saharan Africa are
primarily those of economic development and that United States policy
should assist in limiting the development of costly military conflict in
that region. Therefore, the President shall exercise restraint in
selling defense articles and defense services, and in providing
financing for sales of defense articles and defense services, to
countries in Sub-Saharan Africa.".
SEC. 19. (a) Section 36(a) of the Arms Export Control Act // 22 USC
2776. // is amended--,
(1) by striking out "thirty" in the text preceding paragraph
(1) and inserting in lieu thereof "sixty";
(2) by inserting "and" immediately after the semicolon at the
end of paragraph (7);
(3) by striking out ";and" at the end of paragraph (8) and
inserting in lieu thereof a period; and
(4) by striking out paragraph (9).
(b) Section 43 of such Act // 22 USC 2792. // is amended by adding
at the end thereof the following new subsection:
"(c) Not later than January 15 of each year, the President shall
submit to the Congress a report containing an analysis and description
of the services performed during the preceding fiscal year by officers
and employees of the United States Government carrying out functions on
a full-time basis under this Act for which reimbursement is provided
under subsection (b) of this section or under section 21(a) of this Act.
// 22 USC 2761. // Such reports shall specify the number of personnel
involved in performing such services.".
(c) Section 36(b)(1) of such Act // 22 USC 2776. // is amended by
adding at the end thereof the following: " If the President states in
his certification that an emergency exists which requires the proposed
sale in the national security interest of the United States, thus
waiving the congressional review requirements of this subsection, he
shall set forth in the certification a detailed justification for his
determination, including a description of the emergency circumstances
which necessitate the immediate issuance of the letter of offer and a
discussion of the national security interests involved".
TECHNOLOGY
SEC. 20. // 22 USC 2776 // (a) The President shall undertake a
thorough review of the interagency procedures and disclosure criteria
used by the United States in determining whether sensitive weapons
technology will be transferred to other countries. Not later than
February 15, 1980, the President shall transmit a report to the Congress
setting forth the results of such review, together with such
recommendations as are necessary to improve the current disclosure
system.
(b) Section 36(b)(1) of the Arms Export Control Act // 22 USC 2776.
// is amended by inserting after the first sentence the following: "
Such numbered certifications shall also contain an item, classified if
necessary, identifying the sensitivity of technology contained in the
defense articles or defense services proposed to be sold."
SEC. 21. Section 38(b)(3) of the Arms Export Control Act // 22 USC
2778. // is amended by striking out "$25,000,000" and inserting in lieu
thereof "$35,000,000".
SEC. 22. Section 644(d) of the Foreign Assistance Act of 1961 // 22
USC 2403. // and section 47(3) of the Arms Export Control Act // 22 USC
2794. // are each amended by inserting "(except uranium depleted in the
isotope 235 which is incorporated in defense articles solely to take
advantage of high density or pyrophoric characteristics unrelated to
radioactivity)" immediately after "source material".
PROPERTY TO
TAIWAN
SEC. 23. // 22 USC 3302 // (a) Notwithstanding any other provision of
law, during the calendar year 1980 the President is authorized to
transfer to Taiwan, under such terms and conditions as he may deem
appropriate, such United States war reserve materiel that was located on
Taiwan on January 1, 1979, as he may determine.
(b) Notwithstanding any other provision of law, during the calendar
years 1979 and 1980 the President is authorized to transfer to Taiwan,
under such terms and conditions as he may deem appropriate, such rights
of the United States in property (other than war reserve materiel) that
was located on Taiwan on January 1, 1979, as he may determine.
SEC. 24. The Royal Thai Government shall be released from its
contractual obligation to pay to the United States Government such
amount as is due on or before October 30, 1979, as a condition precedent
under the letter of offer accepted by the Royal Thai Government on April
12, 1977, to the transfer of title to the last increment of United
States ammunition stocks sold to the Royal Thai Government under such
letter of offer pursuant to the Memorandum of Agreement of March 22,
1977, relating to the storage of ammunition in Thailand.
SEC. 25. // 22 USC 2151 // Funds authorized to be appropriated by the
amendments made by sections 5, 9, and 17 of this Act may be used to
furnish assistance for Jordan only if the President determines and
reports to the Congress that Jordan is acting in good faith to achieve
further progress toward a comprehensive peace settlement in the Middle
East and that the expenditures of such funds will serve the process of
peace in the Middle East.
SEC. 26. Notwithstanding any other provisions of law, the President
is authorized to make available the services of the Department of
Defense for the purpose of facilitating the removal from Zaire of those
foreign armed forces which were transported to Zaire by the United
States at the time of the crisis in Shaba Province in 1978.
TURKEY
SEC. 27. // 22 USC 2346c // (a) It is hereby determined that the
national interests of the United States would be served by the
furnishing of additional economic support fund assistance to Turkey in
order to promote the economic and political stability of that country,
and to strengthen its ability to fulfill its responsibilities as a
member of the North Atlantic Treaty Organization.
(b) In furtherance of subsection (a) of this section, and in addition
to amounts otherwise available for such purposes, there are authorized
to be appropriated to the President to carry out the purposes of chapter
4 of part II of the Foreign Assistance Act of 1961 // 92 Stat. 733. 22
USC 2346. // $100,000,000 for the fiscal year 1979, which amount shall
be available only for Turkey.
(c) Amounts appropriated under this section may be made available
until expended.
(d) Notwithstanding any assistance authorized for Turkey under this
Act, it remains the policy of the United States that all foreign troops
in Cyprus, except those stationed in Cyprus under the auspices of the
United Nations, should be withdrawn from Cyprus.
(e) It is the sense of the Congress that the recent announcement by
the leaders of the Greek Cypriots and the Turkish Cypriots to resume
intercommunal negotiations is an encouraging recognition by the parties
that the human rights and fundamental freedoms of all the citizens of
the Republic of Cyprus will be respected. The Congress urges all
parties to the negotiations to demonstrate good faith in the
negotiations and to move promptly toward a full, just, and lasting
settlement.
SEC. 28. None of the funds authorized to be appropriated by this Act
// 22 USC 2151 // shall be made available to the Republic of Panama or
its agencies or instrumentalities. The President may waive this
prohibition in order to provide assistance under chapter 5 of part II of
the Foreign Assistance Act of 1961 // 22 USC 2347. // (international
military education and training), or to provide assistance under section
23 or 24 of the Arms Export Control Act // 22 USC 2763, 2764. //
(foreign military sales financing) involving the financing of sales of
defense articles (other than weapons) and defense services, if the
President determines that providing such assistance would further the
national interests of the United States and reports that determination
to the Congress at last 30 days before providing such assistance.
Approved October 29, 1979.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 96 - 70 (Comm. on Foreign Affairs) and No. 96 -
495 (Comm. of Conference).
SENATE REPORT No. 96 - 136 accompanying S. 584 (Comm. on Foreign
Relations).
CONGRESSIONAL RECORD, Vol. 125 (1979):
Mar. 29, considered and passed House.
May 22, considered and passed Senate, amended, in lieu of S.
584.
Oct. 4, Senate agreed to conference report.
Oct. 16, House agreed to conference report.
PUBLIC LAW 96-91, 93 STAT, 700
the United States attorney and
assistant United States attorneys for the Eastern
District of New York to reside
within twenty miles of the district.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 545(a) of
title 28, United States Code, is amended by striking out " Columbia and
the Southern District of New York" and inserting in lieu thereof "
Columbia, the Southern District of New York, and the Eastern District of
New York".
Approved October 25, 1979.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 489 accompanying H.R. 3959 (Comm. on the
Judiciary).
SENATE REPORT No. 96 - 94 (Comm. on the Judiciary).
CONGRESSIONAL RECORD. Vol. 125 (1979):
May 2, considered and passed Senate. Oct. 15, H.R. 3959
considered and passed House; passage vacated and S. 567 passed in
lieu.
PUBLIC LAW 96-90, 93 STAT, 698
the transportation or mailing
to a foreign country of material concerning a lottery
authorized by that foreign
country, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) subsection (b)
of section 1307 of title 18 of the United States Code is amended by
striking out "mailing to addresses within" and all that follows through
the end of such subsection (b) and inserting in lieu thereof the
following: "mailing-
"(1) to addresses within a State of equipment, tickets, or
material concerning a lottery which is conducted by that State
acting under the authority of State law; or
"(2) to an addressee within a foreign country of equipment,
tickets, or material designed to be used within that foreign
country in a lottery which is authorized by the law of that foreign
country."
(b) Subsection (c) of section 1307 of title 18 of the United States
Code is amended-
(1) by inserting "(1)" after "of this section"; and
(2) by inserting "; and (2) 'foreign country' means any
empire, country, dominion, colony, or protectorate, or any
subdivision
thereof (other than the United States, its territories or possessions)"
before the period.
Sec. 2. Section 1953 of title 18 of the United States Code is
amended-
(1) in subsection (b), by striking out the period at the end of
such subsection and inserting in lieu thereof the following: ",
or
used within that foreign country in a lottery which is authorized
by the laws of that foreign country."; and
(2) by adding at the end of the following new subsections:
"(d) For the purposes of this section (1) ' State' means a State of
the United States, the District of Columbia, the Commonwealth of Puerto
Rico, or any territory or possession the the United States; and (2)
'foreign country' means any empire, country, dominion, colony, or
protectorate, or any subdivision thereof (other than the United States,
its territories or possessions).
"(e) For the purposes of this section 'lottery' means the pooling of
proceeds derived from the sale of tickets or chances and allotting those
proceeds or parts thereof by chance to one or more chance takers or
ticket purchasers. ' Lottery' does not include the placing or accepting
of bets or wagers on sporting events or contests.".
approved October 23, 1979.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 45 (Comm. on the Judiciary).
SENATE REPORT No. 96 - 323, accompanying S. 947 (Comm. on the
Judiciary).
CONGRESSIONAL RECORD, Vol. 125 (1979):
Mar. 19, 20, Apr. 23,24, considered and passed House.
Oct. 10, considered and passed Senate, in lieu of S. 947.
PUBLIC LAW 96-89, 93 STAT, 697
increase the amount authorized to
be appropriated for the Canal Zone Biological Area.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 7 of the
Act of July 2, 1940 (20 U.S.C. 79e), // 20 USC 79e // is amended by
striking out "$350,000" and inserting in lieu thereof "$750,000".
SEC. 2. The provision in section 1 of this Act shall take effect on
October 1, 1979.
Approved October 19, 1979.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 405 (Comm. on Merchant Marine and Fisheries).
SENATE REPORT No. 96 - 120 (Comm. on Rules and Administration).
CONGRESSIONAL RECORD, Vol. 125 (1979):
May 14, considered and passed Senate.
Oct. 9, considered and passed House.
PUBLIC LAW 96-88, 93 STAT, 668, DEPARTMENT OF EDUCATION ORGANIZATION
ACT
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. This Act // 20 USC 3401 // may be cited as the "
Department of Education Organization Act".
Sec. 1. Short title; table of contents.
Sec. 101. Findings. Sec. 102. Purposes. Sec. 103. Federal-State
Relationships. Sec. 104. Definitions.
Sec. 201. Establishment. Sec. 202. Principal officers. Sec. 203.
Office for Civil Rights. Sec. 204. Office of Elementary and Secondary
Education. Sec. 205. Office of Postsecondary Education. Sec. 206.
Office of Vocational and Adult Education. Sec. 207. Office of Special
Education and Rehabilitative Services. Sec. 208. Office of Education
for Overseas Dependents. Sec. 209. Office of Educational Research and
Improvement. Sec. 210. Office of Bilingual Education and Minority
Languages Affairs. Sec. 211. Office of General Counsel. Sec. 212.
Office of Inspector General. Sec. 213. Intergovernmental Advisory
Council on Education. Sec. 214. Federal Interagency Committee on
Education.
Sec. 301. Transfers from the Department of Health, Education, and
Welfare. Sec. 302. Transfers from the Department of Defense. Sec. 303.
Transfers from the Department of Labor. Sec. 304. Transfers of programs
from the National Science Foundation. Sec. 305. Transfers from the
Department of Justice. Sec. 306. Transfers from the Department of
Housing and Urban Development. Sec. 307. Effect of transfers.
Sec. 401. Officers and employees. Sec. 402. Experts and consultants.
Sec. 403. Personnel reduction and annual limitations.
Sec. 411. General authority. Sec. 412. Delegation. Sec. 413.
Reorganization. Sec. 414. Rules. Sec. 415. Contracts. Sec. 416.
Regional and field offices. Sec. 417. Acquisition and maintenance of
property. Sec. 418. Facilities at remote locations. Sec. 419. Use of
facilities. Sec. 420. Copyrights and patents. Sec. 421. Gifts and
bequests. Sec. 422. Technical advice. Sec. 423. Working capital fund.
Sec. 424. Funds transfer. Sec. 425. Seal of department. Sec. 426.
Annual report. Sec. 427. Relationship to General Education Provisions
Act. Sec. 428. Authorization of appropriations.
PROVISIONS
Sec. 501. Transfer and allocation of appropriations and personnel.
Sec. 502. Effect on personnel. Sec. 503. Agency terminations. Sec.
504. Incidental transfers. Sec. 505. Savings provisions. Sec. 506.
Separability. Sec. 507. Reference. Sec. 508. Amendments. Sec. 509.
Redesignation. Sec. 510. Coordination of programs affecting handicapped
individuals. Sec. 511. Transition.
Sec. 601. Effective date. Sec. 602. Interim appointments.
Sec. 101. // 20 USC 3401. // The Congress finds that--,
(1) education is fundamental to the development of individual
citizens and the progress of the Nation;
(2) there is a continuing need to ensure equal access for all
Americans to educational opportunities of a high quality, and such
educational opportunities should not be denied because of race,
creed, color, national origin, or sex;
(3) parents have the primary responsibility for the education
of their children, and States, localities, and private
institutions have the primary responsibility for supporting that
parental role;
(4) in our Federal system, the primary public responsibility
for education is reserved respectively to the States and the local
school systems and other instrumentalities of the States;
(5) the American people benefit from a diversity of educational
settings, including public and private schools, libraries, museums
and other institutions, the workplace, the community, and the
home;
(6) the importance of education is increasing as new
technologies and alternative approaches to traditional education
are considered, as society becomes more complex, and as equal
opportunities in education and employment are promoted;
(7) there is a need for improvement in the management and
coordination of Federal education programs to support more
effectively State, local, and private institutions, students, and
parents in carrying out their educational responsibilities;
(8) the dispersion of education programs across a large number
of Federal agencies has led to fragmented, duplicative, and often
inconsistent Federal policies relating to education;
(9) Presidential and public consideration of issues relating to
Federal education programs is hindered by the present
organizational position of education programs in the executive
branch of the Government; and
(10) there is no single, full-time, Federal education official
directly accountable to the President, the Congress, and the
people.
Sec. 102. // 20 USC 3402. // The Congress declares that the
establishment of a Department of Education is in the public interest,
will promote the general welfare of the United States, will help ensure
that education issues receive proper treatment at the Federal level, and
will enable the Federal Government to coordinate its education
activities more effectively. Therefore, the purposes of this Act are--,
(1) to strengthen the Federal commitment to ensuring access to
equal educational opportunity for every individual;
(2) to supplement and complement the efforts of States, the
local school systems and other instrumentalities of the States,
the private sector, public and private educational institutions,
public and private nonprofit educational research institutions,
community-based organizations, parents, and students to improve
the quality of education;
(3) to encourage the increased involvement of the public,
parents, and students in Federal education programs;
(4) to promote improvements in the quality and usefulness of
education through federally supported research, evaluation, and
sharing of information;
(5) tto improve the coordination of Federal education programs;
(6) to improve the management and efficiency of Federal
education activities, especially with respect to the process,
procedures, and administrative structures for the dispersal of
Federal funds, as well as the reduction of unnecessary and
duplicative burdens and constraints, including unnecessary
paperwork, on the recipients of Federal funds; and
(7) to increase the accountability of Federal education
programs to the President, the Congress, and the public.
Sec. 103 // 20 USC 3403. // (a) It is the intention of the Congress
in the establishment of the Department to protect the rights of State
and local governments and public and private educational institutions in
the areas of educational policies and administration of programs and to
strengthen and improve the control of such governments and institutions
over their own educational programs and policies. The establishment of
the Department of Education shall not increase the authority of the
Federal Government over education or diminish the responsibility for
education which is reserved to the States and the local school systems
and other instrumentalities of the States.
(b) No provision of a program administered by the Secretary or by any
other officer of the Department shall be construed to authorize the
Secretary or any such officer to exercise any direction, supervision, or
control over the curriculum, program of instruction, administration, or
personnel of any educational institution, school, or school system, over
any accrediting agency or association, or over the selection or content
of library resources, textbooks, or other instructional materials by any
educational institution or school system, except to the extent
authorized by law.
(c) The Secretary shall not, during the period within eight months
after the effective date of this Act, take any action to withhold,
suspend, or terminate funds under any program transferred by this Act by
reason of the failure of any State to comply with any applicable law
requiring the administration of such a program through a single
organizational unit.
Sec. 104 // 20 USC 3404. // As used in this Act, unless otherwise
provided or indicated by the context--,
(1) the term " Department" means the Department of Education or
any component thereof;
(2) the term " Secretary" means the Secretary of Education;
(3) the term " Under Secretary" means the Under Secretary of
Education;
(4) the term "function" includes any duty, obligation, power,
authority, responsibility, right, privilege, activity, or program;
(5) the term " State" includes the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, American
Samoa, the Northern Mariana Islands, and the Trust Territory of
the Pacific Islands;
(6) the terms "private" and "private educational" refer to
independent, nonpublic, and private institutions of elementary,
secondary, and postsecondary education; and
(7) the term "office" includes any office, institute, council,
unit, organizational entity, or component thereof.
Sec. 201. // 20 USC 3411. // There is established an executive
department to be known as the Department of Education. The Department
shall be administered, in accordance with the provisions of this Act,
under the supervision and direction of a Secretary of Education. The
Secretary shall be appointed by the President, by and with the advice
and consent of the Senate.
Sec. 202. // 20 USC 3412. // (a)(1) There shall be in the Department
an Under Secretary of Education who shall be appointed by the President,
by and with the advice and consent of the Senate. During the absence or
disability of the Secretary, or in the event of a vacancy in the office
of the Secretary, the Under Secretary shall act as Secretary. The
Secretary shall designate the order in which other officials of the
Department shall act for and perform the functions of the Secretary
during the absence or disability of both the Secretary and Under
Secretary or in the event of vacancies in both of those offices.
(2)(A) The Under Secretary shall have responsibility for the conduct
of intergovernmental relations of the Department, including assuring (i)
that the Department carries out its functions in a manner which
supplements and complements the education policies, programs, and
procedures of the States and the local school systems and other
instrumentalities of the States, and (ii) that appropriate officials of
the Department consult with individuals responsible for making policy
relating to education in the States and the local school systems and
other instrumentalities of the States concerning differences over
education policies, programs, and procedures and concerning the impact
of the rules and regulations of the Department on the States and the
local school systems and other instrumentalities of the States.
(B) Local education authorities may inform the Under Secretary of any
rules or regulations of the Department which are in conflict with
another rule or regulation issued by any other Federal department or
agency or with any other office of the Department. If the Under
Secretary determines, after consultation with the appropriate Federal
department or agency, that such a conflict does exist, the Under
Secretary shall report such conflict or conflicts to the appropriate
Federal department or agency together with recommendations for the
correction of the conflict.
(b)(1) There shall be in the Department--,
(A) an Assistant Secretary for Elementary and Secondary
Education;
(B) an Assistant Secretary for Postsecondary Education;
(C) an Assistant Secretary for Vocational and Adult Education;
(D) an Assistant Secretary for Special Education and
Rehabilitative Services;
(E) an Assistant Secretary for Educational Research and
Improvement;
(F) an Assistant Secretary for Civil Rights; and
(G) a General Counsel.
(2) Each of the Assistant Secretaries and the General Counsel shall
be appointed by the President, by and with the advice and consent of the
Senate.
(c) There shall be in the Department an Inspector General appointed
in accordance with the Inspector General Act of 1978 (as amended by
section 508(n) of this Act).
(d) There shall be in the Department four additional officers who
shall be appointed by the President, by and with the advice and consent
of the Senate. The officers appointed under this subsection shall
perform such functions as the Secretary shall prescribe, including--,
(1) congressional relations functions;
(2) public information functions, including the provision,
through the use of the latest technologies, of useful information
about education and related opportunities to students, parents,
and communities;
(3) functions related to monitoring parental and public
participation in programs where such participation is required by
law, and encouraging the involvement of parents, students, and the
public in the development and implementation of departmental
programs;
(4) management and budget functions;
(5) planning, evaluation, and policy development functions,
including development of policies to promote the efficient and
coordinated administration of the Department and its programs and
to encourage improvements in education; and
(6) functions related to encouraging and promoting the study of
foreign languages and the study of cultures of other countries at
the elementary, secondary, and postsecondary levels.
(e) There shall be in the Department an Administrator of Education
for Overseas Dependents.
(f) Whenever the President submits the name of an individual to the
Senate for confirmation as an officer of the Department under this
section, the President shall state the particular functions of the
Department such individual will exercise upon taking office.
(g) Each officer of the Department established under this section
shall report directly to the Secretary and shall, in addition to any
functions vested in or required to be delegated to such officer, perform
such additional functions as the Secretary may prescribe.
Sec. 203. // 20 USC 3413. // (a) There shall be in the Department an
Officer for Civil Rights, to be administered by the Assistant Secretary
for Civil Rights appointed under section 202(b). Notwithstanding the
provisions of section 412 of this Act, the Secretary shall delegate to
the Assistant Secretary for Civil Rights all functions, other than
administrative and support functions, transferred to the Secretary under
section 301(a)(3).
(b)(1) The Assistant Secretary for Civil Rights shall make an annual
report to the Secretary, the President, and the Congress summarizing the
compliance and enforcement activities of the Office for Civil Rights and
identifying significant civil rights or compliance problems as to which
such Office has made a recommendation for corrective action and as to
which, in the judgment of the Assistant Secretary, adequate progress is
not being made.
(2) Notwithstanding any other provision of law, the report required
by paragraph (1) shall be transmitted to the Secretary, the President,
and the Congress by the Assistant Secretary for Civil Rights without
further clearance or approval. The Assistant Secretary shall provide
copies of the report required by paragraph (1) to the Secretary
sufficiently in advance of its submission to the President and the
Congress to provide a reasonable opportunity for comments of the
Secretary to be appended to the report.
(c) In addition to the authority otherwise provided under this
section, the Assistant Secretary for Civil Rights, in carrying out the
provisions of this section, is authorized--,
(1) to collect or coordinate the collection of data necessary
to ensure compliance with civil rights laws within the
jurisdiction of the Office for Civil Rights;
(2) to select, appoint, and employ such officers and employees,
including staff attorneys, as may be necessary to carry out the
functions of such Office, subject to the provisions of title 5,
United States Code,
// 5 USC 5101 //
governing appointments in the competitive service and the
provisions of chapter 51 and subchapter III of chapter 53
// 5 USC 5331. //
of such title relating to classification and General Schedule pay
rates;
(3) to enter into contracts and other arrangements for audits,
studies, analyses, and other services with public agencies and
with private organizations and persons, and to make such payments
as may be necessary to carry out the compliance and enforcement
functions of such Office; and
(4) notwithstanding any other provision of this Act, to obtain
services as authorized by section 3109 of title 5, United States
Code, at a rate not to exceed the equivalent daily rate payable
for grade GS-18 of the General Schedule under section 5332 of such
title.
// 3 CFR 1978 //
Sec. 204. // 20 USC 3414. // There shall be in the Department an
Office of Elementary and Secondary Education, to be administered by the
Assistant Secretary for Elementary and Secondary Education appointed
under section 202(b). The Assistant Secretary shall administer such
functions affecting elementary and secondary education, both public and
private, as the Secretary shall delegate.
Sec. 205. // 20 USC 3415. // There shall be in the Department an
Office of Postsecondary Education, to be administered by the Assistant
Secretary for Postsecondary Education appointed under section 202(b).
The Assistant Secretary shall administer such functions affecting
postsecondary education, both public and private, as the Secretary shall
delegate, and shall serve as the principal adviser to the Secretary on
matters affecting public and private postsecondary education.
Sec. 206. // 20 USC 3416. // There shall be in the Department an
Office of Vocational and Adult Education, to be administered by the
Assistant Secretary for Vocational and Adult Education appointed under
section 202(b). The Assistant Secretary shall administer such functions
affecting vocational and adult education as the Secretary shall
delegate, and shall serve as principal adviser to the Secretary on
matters affecting vocational and adult education. The Secretary,
through the Assistant Secretary, shall also provide a unified approach
to rural education and rural family education through the coordination
of programs within the Department and shall work with the Federal
Interagency Committee on Education to coordinate related activities and
programs of other Federal departments and agencies.
SERVICES
Sec. 207. // 20 USC 3417. // There shall be in the Department an
Office of Special Education and Rehabilitative Services, to be
administered by the Assistant Secretary for Special Education and
Rehabilitative Services appointed under section 202(b). Notwithstanding
the provisions of section 412, the Secretary shall delegate to the
Assistant Secretary all functions, other than administrative and support
functions, transferred to the Secretary under section 301(a)(1) (with
respect to the bureau for the education and training of the
handicapped), 301(a)(2)(H), and 301(a)(4).
Sec. 208. // 20 USC 3418. // There shall be in the Department an
Office of Educational for Overseas Dependents, to be administered by the
Administrator of Education for Overseas Dependents appointed under
section 202(e). Notwithstanding the provisions of section 412, the
Secretary shall delegate to the Administrator all functions, other than
administrative and support functions, transferred to the Secretary under
section 302.
Sec. 209. There shall be in the Department an Office of Educational
Research and Improvement, to be administered by the Assistant Secretary
for Educational Research and Improvement appointed under section 202(
b). The Assistant Secretary shall administer such functions concerning
research, development, demonstration, dissemination, evaluation, and
assessment activities as the Secretary shall delegate.
LANGUAGES AFFAIRS
Sec. 210. // 20 USC 3420 // There shall be in the Department an
Office of Bilingual Education and Minority Languages Affairs, to be
administered by a Director of Bilingual Education and Minority Languages
Affairs, who shall be appointed by the Secretary. The Director shall
coordinate the administration of bilingual education programs by the
Department and shall consult with the Secretary concerning policy
decisions affecting bilingual education and minority languages affairs.
The Director shall report directly to the Secretary, and shall perform
such additional functions as the Secretary may prescribe.
Sec. 211. // 20 USC 3421. // There shall be in the Department an
Office of General Counsel, to be administered by the General Counsel
appointed under section 202(b). The General Counsel shall provide legal
assistance to the Secretary concerning the programs and policies of the
Department.
Sec. 212. // 20 USC 3422. // There shall be in the Department an
Office of Inspector General, established in accordance with the
Inspector General Act of 1978 (as amended by section 508(n) of this
Act). // 92 Stat. 1101. 5 USC app. //
Sec. 213. // 20 USC 3423. // (a) There shall be in the Department an
advisory committee to be known as the Intergovernmental Advisory Council
on Education (hereafter referred in this section as the Council"). The
Council shall provide assistance and make recommendations to the
Secretary and the President concerning intergovernmental policies and
relations relating to education.
(b)(1) In carrying out its functions under subsection (a), the
Council shall--,
(A) provide a forum for representative of Federal, State, and
local governments and public and private educational entities to
discuss educational issues;
(B) make recommendations for the improvement of the
administration and operation of Federal education and education
related programs;
(C) promote better intergovernmental relations;
(D) submit, biennially or more frequently (if determined
necessary by the Council), a report to the Secretary, the
President, and the Congress (i) reviewing the impact of Federal
education activities upon State and local governments and public
and private educational institutions, including an assessment of
compliance with section 103 of this Act and of any change in the
Federal role in education, and (ii) assessing both the extent to
which Federal objectives are achieved and any adverse consequences
of Federal actions.
(2) In carrying out its functions under subsection (a), the Council
may review existing and proposed rules or regulations of the Department
concerning Federal education programs in order to determine the impact
or potential impact of such rules or regulations on State and local
governments and public and private educational institutions. The Council
may submit to the Secretary a report containing the results of its
review of any existing or proposed rule or regulation. If a report by
the Council concerns a proposed rule or regulation, it shall be
submitted to the Secretary within the time established for public
comment on the proposed rule or regulation, and shall be placed in the
file of the proceeding concerning the proposed rule or regulation.
(c)(1) The Council shall be composed of twenty members, appointed by
the President as follows:
(A) six elected State and local officials with general
government responsibilities;
(B) five representatives of public and private elementary and
secondary education, from among board members, chief education
officials, administrators, and teachers;
(C) five representatives of public and private postsecondary
education, from among board members, chief education officials,
administrators, and professors; and
(D) four members of the public, including parents of students
and students.
(2) In making appointments under this subsection, the President
shall--,
(A) consult with representatives of the groups specified in
subparagraphs (A) through (D) of paragraph (1); and
(B) select individuals who represent a diversity of geographic
areas and demographic characteristics.
(3) The Under Secretary shall be an ex officio member of the Council.
(4) The term of office of a member of the Council shall be four
years, except that--,
(A) no member serving pursuant to paragraph (1)(A) of this
subsection may serve on the Council beyond the period that such
member holds an office qualifying such member for appointment
under such paragraph; and
(B) the President shall divide the initial appointments to the
Council into four groups of five members each for initial terms of
one, two, three, and four years.
(5) The President shall designate one member to chair the Council.
(6) Any vacancy in the Council shall not affect its authority.
(d) The Council shall nominate and the Secretary shall appoint an
executive director for the Council. The Secretary shall provide the
Council with such other staff, facilities, services, and support as may
be necessary to enable the Council to carry out its duties under this
section.
Sec. 214. // 20 USC 3424. // (a) There is established a Federal
Interagency Committee on Education (hereafter referred to in this
section as the " Committee"). The Committee shall assist the Secretary
in providing a mechanism to assure that the procedures and actions of
the Department and other Federal departments and agencies are fully
coordinated.
(b) The Committee shall study and make recommendations for assuring
effective coordination of Federal programs, policies, and administrative
practices affecting education, including--,
(1) consistent administration and development of policies and
practices among Federal agencies in the conduct of related
programs;
(2) full and effective communication among Federal agencies to
avoid unnecessary duplication of activities and repetitive
collection of date;
(3) full and effective cooperation with the Secretary on such
studies and analyses as are necessary to carry out the purposes of
this Act;
(4) coordination of related programs to assure that recipients
of Federal assistance are efficiently and responsively served;
and
(5) full and effective involvement and participation of
students and parents in Federal education programs.
(c) The Committee shall be composed of the Secretary, who shall chair
the Committee, and senior policy making official from those Federal
agencies, commissions, and boards that the President may find
appropriate.
(d) The Director of the Office of Management and Budget, the Chairman
of the Council of Economic Advisers, the Director of the Office of
Science and Technology Policy, and the Executive Director of the
Domestic Policy Staff may each designate a staff member to attend
meetings of the Committee.
(e) The Committee shall conduct a study concerning the progress,
effectiveness, and accomplishments of Federal vocational education and
training programs, and the need for improved coordination between all
federally funded vocational education and training programs. The
Committee shall report the findings of such study to the Secretary and
the Congress within two years of the date of enactment of this Act.
(f) The Committee shall meet at least twice each year. The Secretary
may establish subcommittees of the Committee to facilitate coordination
in important areas of Federal activity.
(g) The Secretary and the head of each agency represented on the
Committee under subsection (c) shall furnish necessary assistance to the
Committee.
AND
WELFARE
Sec. 301. // 20 USC 3441. // (a) There are transferred to the
Secretary--,
(1) all functions of the Assistant Secretary for Education and
of the Commissioner of Education of the Department of Health,
Education, and Welfare, and all functions of the Office of such
Assistant Secretary and of the Education Division of the
Department of Health, Education, and Welfare and of any officer or
component of such Office or Division;
(2) all functions of the Secretary of Health, Education, and
Welfare and of the Department of Health, Education, and Welfare
under--,
// 20 USC 1221. //
of 1965;
// 20 USC 821 //
// 20 USC 1001 //
// 92 Stat. 2143. //
// 20 USC 2701 //
// 20 USC 401 //
// 20 USC 1171 //
// 20 USC 871 //
Act of
1964;
// 42 USC 2929. //
Information
Science Act;
// 20 USC 1501 //
// 20 USC 2301 //
// 20 USC 2601 //
Gallaudet
College, Howard University, the American Printing
House
for the Blind, and the National Technical Institute
for the
Deaf, and (ii) the Department of Health, Education,
and
Welfare;
// D.C. Code 31 - 1051 //
Communications
Act of 1934
// 47 USC 390. //
Administrative
Services Act of 1949
// 40 USC 484. //
with respect to donations of surplus
property for educational purposes; and
// 21 USC 1001 //
(3) all functions of the Secretary of Health, Education, and
Welfare and of the Department of Health, Education, and Welfare
with respect to or being administered by the Office for Civil
Rights which relate to functions transferred by this section;
(4)(A) all functions of the Secretary of Health, Education, and
Welfare and of the Department of Health, Education, and Welfare
under the Rehabilitation Act of 1973,
// 29 USC 701 //
except that the provisions of this subparagraph shall not be
construed to transfer to the Secretary the functions of the
Secretary of Health, Education, and Welfare under sections 222 and
1615 of the Social Security Act;
// 42 USC 422, 1382d. //
(B) all functions with respect to or being administered by the
Secretary of Health, Education, and Welfare through the
Commissioner of Rehabilitation Services under the Act of June 20,
1936, commonly referred to as the Randolph-Sheppard Act (20 U.S.
C. 107 et seq.);
(C) all functions of the Commissioner of Rehabilitation and the
Director of the National Institute of Handicapped Research of the
Department of Health, Education, and Welfare under the
Rehabilitation Act of 1973;
(5) all functions of the Institute of Museum Services of the
Department of Health, Education, and Welfare, and of the Director
thereof;
(6) all functions of the Advisory Council on Education
Statistics; and
(7) all functions of the Federal Education Data Acquisition
Council.
(b) There are transferred to the Department--,
(1) all offices in the Office of the Assistant Secretary for
Education or in the Education Division of the Department of
Health, Education, and Welfare;
(2) all offices in the Department of Health, Education, and
Welfare established under the provisions of law listed in
subparagraphs (A) through (Q) of subsection (a)(2);
(3) all offices in the Department of Health, Education, and
Welfare established under the Rehabilitation Act of 1973;
(4) the Institue of Museum Services of the Department of
Health, Education, and Welfare;
(5) the Advisory Council on Education Statistics;
(6) the Federal Education Data Acquisition Council; and
(7) any advisory committee of the Department of Health,
Education, and Welfare giving advice or making recommendations
that primarily concern education functions transferred by this
section.
(c) There are transferred to the Secretary all functions of the
Secretary of Health, Education, and Welfare, the Assistant Secretary for
Education, or the Commissioner of Education of the Department of Health,
Education, and Welfare, as the case may be, with respect to--,
(1) the Education Division of the Department of Health,
Education, and Welfare;
(2) the Office of the Assistant Secretary for Education,
including the National Center for Education Statistics; and
(3) any advisory committee in the Department of Health,
Education, and Welfare giving advice and making recommendations
principally concerning education functions transferred by this
section.
(d) Nothing in the provisions of this section or in the provisions of
this Act shall authorize the transfer of functions under part A of title
V of the Economic Opportunity Act of 1964, // 42 USC 2928. // relating
to Project Head Start, from the Secretary of Health, Education, and
Welfare to the Secretary.
Sec. 302. // 20 USC 3442. // (a) Notwithstanding the provisions of
section 601 of this Act, at such time not later than three years after
the effective date of this Act, and in such manner, as the President may
designate, there shall be transferred to the Secretary all functions of
the Secretary of Defense and of the Department of Defense (or any
officer or component thereof) relating to the operation of overseas
schools for dependents of the Department of Defense and all functions of
the Secretary of Defense and of the Department of Defense (or any
officer or component thereof) under the Defense Dependents' Education
Act of 1978. // 92 Stat. 2365. // There shall be transferred to the
Department the offices established by such Act. // 20 USC 921. //
(b) In addition to any other authority available to the Secretary
under this or any other Act, the authority of the Secretary of Defense
and the Secretaries of the military departments under the Defense
Department Overseas Teachers Pay and Personnel Practices Act // 20 USC
901 // shall be available to the Secretary with respect to the functions
transferred under subsection (a).
(c) Not later than one year after the effective date of this Act, the
Secretary, after consultation with the Secretary of Defense, shall
transmit to the Congress a plan for effecting the transfer of functions
under this section and administering those functions. In designing the
plan, the Secretary shall also consult with representatives of
organizations of parents of students enrolled in overseas dependents'
schools and representatives of professional employee organizations and
administrators of such schools. The plan shall contain recommendations
for increasing the participation of parents, teachers, students, school
administrators, and members of the Armed Forces in the administration
and operation of the schools transferred under this section.
(d) Nothing in this Act shall be construed to give the Secretary
authority to operate overseas institutions of higher education.
Sec. 303. // 20 USC 3443. // (a) Notwithstanding the provisions of
section 601 of this Act, there shall be transferred to the Secretary, at
such time on or after the effective date of this Act as the Secretary
certifies that there has been established in the Department a single
component responsible for the administration and the coordination of
programs relating to the education of migrants, all functions of the
Secretary of Labor or the Department of Labor under section 303(c)(2) of
the Comprehensive Employment and Training Act. // 29 USC 873. //
(b) The Secretary is authorized to conduct the functions transferred
by subsection (a).
FOUNDATION
Sec. 304. // 20 USC 3444. // (a)(1) There are transferred to the
Secretary all programs relating to science education of the National
Science Foundation or the Director of the National Science Foundation
established prior to the effective date of this Act pursuant to the
National Science Foundation Act of 1950, // 42 USC 1861 // except the
programs or parts of programs, as determined after review by the
Director of the Office of Science and Technology Policy and the Director
of the National Science Foundation, which relate to--,
(A) scientific career development;
(B) the continuing education of scientific personnel;
(C) increasing the participation of women, minorities, and the
handicapped in careers in science;
(D) the conduct of basic and applied research and development
applied to science learning at all educational levels and the
dissemination of results concerning such research and development;
and
(E) informing the general public of the nature of science and
technology and of attendant values and public policy issues.
(2) Except as provided in paragraph (1), no mission oriented research
functions or programs of the National Science Foundation or any other
Federal agency shall be transferred by this Act.
(b) The Secretary is authorized to conduct the programs transferred
by subsection (a). In conducting such programs the Secretary shall
consult, as appropriate, with the Director of the National Science
Foundation, and shall establish advisory mechanisms designed to assure
that scientists and engineers are fully involved in the development,
implementation, and review of science education programs.
(c) The annual report to Le transmitted by the Secretary pursuant to
section 426 shall include a description of arrangements, developed by
the Secretary in consultation with the Director of the National Science
Foundation, for coordinated planning and operation of science education
programs, including measures to facilitate the implementations of
successful innovations.
(d) Nothing in this section is intended to repeal or limit the
authority of the National Science Foundation or the Director of the
National Science Foundation to initiate and conduct programs under the
National Science Foundation Act of 1950.
Sec. 305. // 20 USC 3445. // There are transferred to the Secretary
all functions of the Attorney General and of the Law Enforcement
Assistance Administration with regard to the student loan and grant
programs known as the law enforcement education program and the law
enforcement intern program authorized by subsections (b), (c), and (f)
of section 406 of the Omnibus Crime Control and Safe Streets Act of
1968. // 42 USC 3746. //
Sec. 306. // 20 USC 3446 // There are transferred to the Secretary
all functions relating to college housing loans of the Secretary of
Housing and Urban Development and of the Department of Housing and Urban
Development under title IV of the Housing Act of 1950. // 12 USC 1749.
//
Sec. 307. // 20 USC 3447. // The transfer of a function or office
from an officer or agency to the Secretary or to the Department includes
any aspects of such function or office vested in a subordinate of such
officer or in a component of such agency.
Sec. 401. // 20 USC 3461. // (a) The Secretary is authorized to
appoint and fix the compensation of such officers and employees,
including attorneys, as may be necessary to carry out the functions of
the Secretary and the Department. Except as otherwise provided by law,
such officers and employees shall be appointed in accordance with the
civil service laws and their compensation fixed in accordance with title
5 of the United States Code.
(b)(1) At the request of the Secretary, the Director of the Office of
Personnel Management shall, under section 5108 of title 5, United States
Code, provide for the establishment in each of the grade levels GS-16,
GS-17, and GS-18 of a number of positions in the Department equal to the
number of positions in that grade level which were used primarily for
the performance of functions and offices transferred under this Act and
which were assigned and filled on on the day before the effective date
of this Act.
(2) At the request of the Secretary, the Director of the Office of
Personnel Management shall, under section 3104 of title 5, United States
Code, provide for the establishment in the Office created by section 209
of this Act of a number of scientific, professional, and technical
positions outside of the General Schedule equal to the number of such
positions which were used primarily for the performance of functions and
offices transferred under this Act and which were assigned and filled on
the day before the effective date of this Act.
(3) Appointments to positions provided for under this subsection may
be made without regard to the provisions of section 3324 of title 5 of
the United States Code, if the individual appointed in such position is
an individual who is transferred in connection with the transfer of
functions and offices under this Act and, on the day preceding the
effective date of this Act, holds a position and has duties comparable
to those of the position to which appointed hereunder.
(4) The authority under this subsection with respect to any position
shall terminate when the person first appointed to fill such position
ceases to hold such position.
(5) For purposes of section 414(a)(3)(A) of the Civil Service Reform
Act of 1978, // 92 Stat. 1177. // an individual appointed under this
subsection shall be deemed to occupy the same position as the individual
occupied on the day preceding the effective date of this Act.
(c) The Secretary may appoint, without regard to the provisions of
title 5, United States Code, governing appointment in the competitive
service, up to 175 scientific, technical, or professional employees of
the Office created by section 209 of this Act and may compensate
employees so appointed without regard to the provisions of chapter 51
and subchapter III of chapter 53 of such title // 5 USC 5101 // relating
to classification and General Schedule pay rates. The rate of basic
compensation for such employees shall not be equal to or in excess of
the minimum rate of pay currently paid for GS-16 of the General Schedule
under section 5332 of such title. // 3 CFR 1978 //
(d) Notwithstanding any other provision of law, the Director of the
Office of Personnel Management shall establish positions within the
Senior Executive Service for 15 limited-term appointees. The Secretary
shall appoint individuals to such positions as provided by section 3394
of title 5, United States Code. Such positions shall expire on the
later of three years after the effective date of this Act or three years
after the initial appointment to each position. Positions in effect
under this subsection shall be taken into account in applying the
limitations on positions prescribed under section 3134(e) and section
5108 of such title.
(e) Nothing in this Act shall be construed to prevent the application
of any Indian preference law in effect on the day before the date of
enactment of this Act to any function or office transfered by this Act
and subject to any such law on the day before the date of enactment of
this Act. Any function or office transferred by this Act and subject to
any such law shall continue to be subject to any such law.
(f) For purposes of any status of forces agreement between the United
States and any other country or any international organization, any
reference to "civilian component" shall be deemed to include a reference
to overseas personnel of the overseas dependents' education system.
Sec. 402. // 20 USC 3462. // The Secretary may as provided in
appropriation Acts obtain the services of experts and consultants in
accordance with the provisions of section 3109 of title 5, United States
Code, and may compensate such experts and consultants at rates not to
exceed the daily rate prescribed for GS-18 of the General Schedule under
section 5332 of such title. // 3 CFR 1978 //
Sec. 403. // 20 USC 3463. // (a)(1) Notwithstanding any other
provision of this Act, there shall be included in each appropriation Act
containing appropriations for the administration of the Department for
any fiscal year beginning after September 30, 1981 (other than an
appropriation Act containing only supplemental appropriations for the
Department), an annual limitation on the total number of work-years for
the personnel of the Department.
(2) The Secretary shall prescribe the allocation of the work-years
available under paragraph (1) among the organizational units and
components of the Department and shall, within 120 days after the
enactment of an apropriation Act containing a work-year limitation,
prepare and transmit to the Congress a report on such allocation. Such
report shall include explanations and justifications for the allocations
made by the Secretary and shall indicate the necessary personnel actions
which will be required as a consequence of such allocation. Not later
than 120 days after the conclusion of any fiscal year to which a
work-year limitation established under paragraph (1) applies, the
Secretary shall prepare and transmit to the Congress a report on
compliance with such limitation indicating the total work-years actually
expended by the Department and by the organizational units and
components to which such work-years were allocated.
(3) If the President transmits any reorganization plan under chapter
9 of title 5, United States Code, // 5 USC 901 // which would result in
the transfer of functions or offices to the Secretary or the Department,
the message transmitting the plan shall include any adjustments which
may be necessary in a work-year limitation established under paragraph
(1) to reflect changes in the work-years required as a result of such
plan.
(b) Not later than the end of the first fiscal year beginning after
the effective date of this Act, the number of full-time equivalent
personnel positions available for performing functions transferred to
the Secretary or the Department by this Act shall be reduced by 500.
(c)(1) Computations required to be made for purposes of this section
shall be made on the basis of all personnel employed by the Department,
including experts and consultants employed under section 3109 of title
5, United States Code, and all other part-time and full-time personnel
employed to perform functions of the Secretary or the Department, except
personnel employed under special programs for students and disadvantaged
youth (including temporary summer employment).
(2) The Director of the Office of Personnel Management shall, by
rule, establish a method for computing work-years for personnel of the
Department as described in paragraph (1).
(d) The Director of the Office of Personnel Management shall, as soon
as practicable, but not later than one year after the effective date of
this Act, prepare and transmit to the Congress a report on the effects
on employees of the reorganization under this Act, which shall
include--,
(1) an identification of any position within the Department or
elsewhere in the executive branch, which it considers unnecessary
due to consolidation of functions under this Act;
(2) a statement of the number of employees entitled to pay
savings by reason of the organization under this Act;
(3) a statement of the number of employees who are voluntarily
or involuntarily separated by reason of such reorganization;
(4) an estimate of the personnel costs associated with such
reorganization;
(5) the effects of such reorganization on labor management
relations; and
(6) such legislative and administrative recommendations for
improvements in personnel management within the Department as the
Director considers necessary.
Sec. 411. // 20 USC 3471. // (a) In carrying out any function
transferred by this Act, the Secretary, or any officer or employee of
the Department, may exercise any authority available by law (including
appropriation Acts) with respect to such function to the official or
agency from which such function is transferred, and the actions of the
Secretary in exercising such authority shall have the same force and
effect as when exercised by such official or agency.
(b)(1) The director of any office continued in the Department the
director of which was required, prior to the effective date of this Act,
to report to the Commissioner of Education or the Assistant Secretary
for Education of the Department of Health, Education, and Welfare, shall
report to the Secretary.
(2) The Secretary is authorized to delegate reporting requirements
vested in the Secretary by paragraph (1) to any officer or employee of
the Department.
Sec. 412. // 20 USC 3472. // Except as otherwise provided in this
Act, the Secretary may delegate any function to such officers and
employees of the Department as the Secretary may designate, and may
authorize such successive redelegations of such functions within the
Department as may be necessary or appropriate. No delegation of
functions by the Secretary under this section or under any other
provision of this Act shall relieve the Secretary of responsibility for
the administration of such functions.
Sec. 413. // 20 USC 3473. // (a) The Secretary is authorized,
subject to the requirements of section 202(f), to allocate or reallocate
functions among the officers of the Department, and to establish,
consolidate, alter, or discontinue such organizational entities within
the Department as may be necessary or appropriate, but the authority of
the Secretary under this subsection does not extend to--,
(1) any office, bureau, unit, or other entity transferred to
the Department and established by statute or any function vested
by statute in such an entity or officer of such an entity, except
as provided in subsection (b);
(2) the abolition of organizational entities established by
this Act; or
(3) the alteration of the delegation of functions to any
specific organizational entity required by this Act.
(b)(1) The Secretary may, in accordance with paragraph (2) of this
subsection, consolidate, alter, or discontinue any of the following
statutory entities, or reallocate any functions vested by statute in the
following statutory entities:
(A) the Office of Bilingual Education;
(B) the Teacher Corps;
(C) the Community College Unit;
(D) the National Center for Education Statistics;
(E) the National Institute of Education;
(F) the Office of Environmental Education;
(G) the Office of Consumers' Education;
(H) the Office of Libraries and Learning Resources;
(I) the Office of Indian Education;
(J) the Office of Career Education;
(K) the Office of Non-Public Education;
(L) the bureau for the education and training for the
handicapped;
(M) the Institute of Museum Services; and
(N) the administrative units for guidance and counseling
programs, the veterans' cost of instruction program, and the
program for the gifted and talented children.
(2) The Secretary may alter, consolidate, or discontinue any
organizational entity continued within the Department and described in
paragraph (1) of this subsection or reallocate any function vested by
statute in such an entity, upon the expiration of a period of ninety
days after the receipt by the Committee on Labor and Human Resources of
the Senate and the committee on Education and Labor of the House of
Representatives of notice given by the Secretary containing a full and
complete statement of the action proposed to be taken pursuant to this
subsection and the facts and circumstances relied upon in support of
such proposed action.
Sec. 414. // 20 USC 3474. // (a) The Secretary is authorized to
prescribe such rules and regulations as the Secretary determines
necessary or appropriate to administer and manage the functions of the
Secretary or the Department.
(b) The Secretary, in promulgating rules and regulations as
authorized by statute, shall prescribe such rules and regulations in
accordance with chapter 5 of title 5, United States Code. // 5 USC 500
// Section 431 of the General Education Provisions Act // 20 USC 1232.
// also shall apply to such rules and regulations to the extent
applicable immediately prior to the effective date of this Act, and to
rules and regulations promulgated with respect to programs transferred
under sections 301(a) (1), (2), and (4), 302, 303, 304, 305, and 306.
Sec. 415. // 20 USC 3475. // (a) Subject to the provisions of the
Federal Property and Administrative Services Act of 1949, // 40 USC 471
// the Secretary is authorized to make, enter into, and perform such
contracts, grants, leases, cooperative agreements, or other similar
transactions with Federal or other public agencies (including State and
local governments) and private organizations and persons, and to make
such payments, by way of advance or reimbursement, as the Secretary may
determine necessary or appropriate to carry out functions of the
Secretary or the Department.
(b) Notwithstanding any other provision of this Act, no authority to
enter into contracts or to make payments under this title shall be
effective except to such extent or in such amounts as are provided in
advance under appropriation Acts. This subsection shall not apply with
respect to the authority granted under section 421.
Sec. 416. // 20 USC 3476. // The Secretary is authorized to
establish, alter, discontinue, or maintain such regional or other field
offices as the Secretary may find necessary or appropriate to perform
functions of the Secretary or the Department.
Sec. 417. // 20 USC 3477. // (a) The Secretary is authorized--,
(1) to acquire (by purchase, lease, condemnation, or
otherwise), construct, improve, repair, operate, and maintian--,
extent
that operation of schools and related facilities by the
Department
is authorized by this Act);
interest
therein,
as may be necessary; and
(2) to provide by contract or otherwise for the establishment
of eating facilities and other necessary facilities for the health
and welfare of employees of the Department at its installations,
and purchase and maintain equipment therefor.
(b) The authority available to the Secretary of Health, Education,
and Welfare under section 524 of the Education Amendments of 1976 // 20
USC 2564. // shall also be available to the Secretary.
(c) The authority granted by subsection (a) of this section shall be
available only with respect to facilities of a special purpose nature
that cannot readily be reassigned from similar Federal activities and
are not otherwise available for assignment to the Department by the
Administrator of General Services.
Sec. 418. // 20 USC 3478. // (a) The Secretary is authorized to
provide, construct, or maintain for employees and their dependents
stationed at remote locations as necessary and when not otherwise
available at such remote locations--,
(1) emergency medical services and supplies;
(2) food and other subsistence supplies;
(3) dining facilities;
(4) audiovisual equipment, accessories, and supplies for
recreation and training;
(5) reimbursement for food, clothing, medicine, and other
supplies furnished by such employees in emergencies for the
temporary relief of distressed persons;
(6) living and working quarters and facilities; and
(7) transportation for dependents of employees of the
Department to the nearest appropriate educational facilities.
(b) The furnishing of medical treatment under paragraph (1) of
subsection (a) and the furnishing of services and supplies under
paragraphs (2), (3), and (4) of subsection (a) shall be at prices
reflecting reasonable value as determined by the Secretary.
(c) Proceeds from reimbursements under this section may be credited
to the appropriation of funds that bear or will bear all or part of the
cost of such work or services or used to refund excess sums when
necessary.
Sec. 419. // 20 USC 3479. // (a)(1) With their consent, the
Secretary may, with or without reimbursement, use the research,
equipment, services, and facilities of any agency or instrumentality of
the United States, of any State or political subdivision thereof, or of
any foreign government, in carrying out any function of the Secretary or
the Department.
(2) Notwithstanding the transfer of functions from the Secretary of
Defense to the Secretary under section 302 (and the consequent transfer
of personnel), all personnel performing such functions shall be treated,
for the purpose of access to services and facilities provided by the
Department of Defense, as employees of the Department of Defense.
(b) The Secretary is authorized to permit public and private
agencies, corporations, associations, organizations, or individuals to
use any real property, or any facilities, structures, or other
improvements thereon, under the custody and control of the Secretary for
Department purposes. The Secretary shall permit the use of such
property, facilities, structures, or improvements under such terms and
rates and for such period as may be in the public interest, except that
the periods of such uses may not exceed five years. The Secretary may
require permittees under this section to recondition and maintain, at
their own expense, the real property, facilities, structures, and
improvements used by such permittees to a standard satisfactory to the
Secretary. This subsection shall not apply to excess property as
defined in section 3(e) of the Federal Property and Administrative
Services Act of 1949. // 40 USC 472. //
(c) Proceeds from reimbursements under this section may be credited
to the appropriation of funds that bear or will bear all or part of the
cost of such equipment or facilities provided or to refund excess sums
when necessary.
(d) Any interest in real property acquired pursuant to this Act shall
be acquired in the name of the United States Government.
Sec. 420. // 20 USC 3480. // The Secretary is authorized to acquire
any of the following described rights if the property acquired thereby
is for use by or for, or useful to, the Department:
(1) copyrights, patents, and applications for patents, designs,
processes, and manufacturing data;
(2) licenses under copyrights, patents, and applications for
patents; and
(3) releases, before suit is brought, for past infringement of
patents or copyrights.
Sec. 421. // 20 USC 3481. // The Secretary is authorized to accept,
hold, administer, and utilize gifts, bequests and devises of property,
both real and personal, for the purpose of aiding or facilitating the
work of the Department. Gifts, bequests, and devises of money and
proceeds from sales of other property received as gifts, bequests, or
devises shall be deposited in the Treasury and shall be available for
disbursement upon the order of the Secretary.
Sec. 422. // 20 USC 3482. // (a) The Secretary is authorized, upon
request, to provide advice, counsel, and technical assistance to
applicants or potential applicants for grants and contracts and other
interested persons with respect to any functions of the Secretary or the
Department.
(b) The Secretary may permit the consolidation of applications for
grants or contracts with respect to two or more functions of the
Secretary or the Department, but such conslidation shall not alter the
statutory criteria for approval of applications for funding with respect
to such functions.
Sec. 423. // 20 USC 3483. // (a) The Secretary, with the approval of
the Director of the Office of Management and Budget, is authorized to
establish for the Department a working capital fund, to be available
without fiscal year limitation, for expenses necessary for the
maintenance and operation of such common administrative services as the
Secretary shall find to be desirable in the interests of economy and
efficiency, including such services as--,
(1) a central supply service for stationery and other supplies
and equipment for which adequate stocks may be maintained to meet
in whole or in part the requirements of the Department and its
components;
(2) central messenger, mail, telephone, and other
communications services;
(3) office space, central services for document reproduction,
and for graphics and visual aids; and
(4) a central library service.
(b) The capital of the fund shall consist of any appropriations made
for the purpose of providing working capital and the fair and reasonable
value of such stocks of supplies, equipment, and other assets and
inventories on order as the Secretary may transfer to the fund, less the
related liabilities and unpaid obligations. Such funds shall be
reimbursed in advance from available funds of agencies and offices in
the Department, or from other sources, for supplies and services at
rates that will approximate the expense of operation, including the
accrual of annual leave and the depreciation of equipment. The fund
shall also be credited with receipts from sale or exchange of property
and receipts in payment for loss or damage to property owned by the
fund. There shall be covered into the Treasury as miscellaneous
receipts any surplus of the fund (all assets, liabilities, and prior
losses considered) above the amounts transferred or appropriated to
establish and maintain such fund. There shall be transferred to the
fund the stocks of supplies, equipment, other assets, liabilities, and
unpaid obligations relating to the services which the Secretary
determines, with the approval of the Director of the Office of
Management and Budget, will be performed.
Sec. 424. // 20 USC 3484. // The Secretary may, when authorized in
an appropriation Act in any fiscal year, transfer funds from one
appropriation to another within the Department, except that no
appropriation for any fiscal year shall be either increased or decreased
pursuant to this section by more than 5 percent and no such transfer
shall result in increasing any such appropriation above the amount
authorized to be appropriated therefor.
Sec. 425. // 20 USC 3485. // The Secretary shall cause a seal of
office to be made for the Department of such design as the Secretary
shall approve. Judicial notice shall be taken of such seal.
Sec. 426. // 20 USC 3486. // (a) The Secretary shall, as soon as
practicable after the close of each fiscal year, make a single,
comprehensive report to the President for transmission to the Congress
on the activities of the Department during such fiscal year. The report
shall include a statement of goals, priorities, and plans for the
Department together with an assessment of the progress made toward--,
(1) the attainment of such goals, priorities, and plans;
(2) the more effective and efficient management of the
Department and the coordination of its functions; and
(3) the reduction of excessive or burdensome regulation and of
unnecessary duplication and fragmentation in Federal education
programs,
accompanied where necessary by recommendations for proposed legislation
for the achievement of such objectives.
(b) The report required by subsection (a) shall also include an
estimate of the extent of the non-Federal personnel employed pursuant to
contracts entered into by the Department under section 415 or under any
other authority (including any subcontract thereunder), the number of
such contracts and subcontracts pursuant to which non-Federal personnel
are employed, and the total cost of those contracts and subcontracts.
Sec. 427. // 20 USC 3487. // Except where inconsistent with the
provisions of this Act, the General Education Provision Act // 20 USC
1221. // shall apply to functions transferred by this Act to the extent
applicable on the day preceding the effective date of this Act.
Sec. 428. // 20 USC 3488. // Subject to any limitation on
appropriations applicable with respect to any function or office
transferred to the Secretary or the Department, there are authorized to
be appropriated for fiscal year 1980 and each succeeding fiscal year
such sums as may be necessary to carry out the provisions of this Act
and to enable the Secretary to administer and manage the Department.
Funds appropriated in accordance with this section shall remain
available until expended.
PERSONNEL
Sec. 501. // 20 USC 3501. // (a) Except as otherwise provided in
this Act, the personnel employed in connection with, and the assets,
liabilities, contracts, property, records, and unexpended balance of
appropriations, authorizations, allocations, and other funds employed,
held, used, arising from, available to, or to be made available in
connection with the functions and offices, or portions thereof
transferred by this Act, subject to section 202 of the Budget and
Accounting Procedures Act of 1950, // 31 USC 581c. // shall be
transferred to the Secretary for appropriate allocation. Unexpended
funds transferred pursuant to this subsection shall be used only for the
purposes for which the funds were originally authorized and
appropriated.
(b) Positions expressly specified by statute or reorganization plan
to carry out functions or offices transferred by this Act, personnel
occupying those positions on the effective date of this Act, and
personnel authorized to receive compensation in such positions at the
rate prescribed for offices and positions at level IV or V of the
Executive Schedule (5 U.S.C. 5315 - 5316) on the effective date of this
Act, shall be subject to the provisions of section 503.
Sec. 502. // 20 USC 3502. // (a) Except as otherwise provided in
this Act, the transfer pursuant to this title of full-time personnel
(except special Government employees) and part-time personnel holding
permanent positions shall not cause any such employee to be separated or
reduced in grade or compensation for one year after the date of transfer
to the Department.
(b) Any person who, on the day preceding the effective date of this
Act, held a position compensated in accordance with the Executive
Schedule prescribed in chapter 53 of title 5, United States Code, and
who, without a break in service, is appointed in the Department to a
position having duties comparable to the duties performed immediately
preceding such appointment shall continue to be compensated in such new
position at not less than the rate provided for such previous position,
for the duration of the service of such person in such new position.
Sec. 503. // 20 USC 3503. // (a)(1) On the effective date of this
Act, the following entities shall terminate:
(A) the Education Division of the Department of Health,
Education, and Welfare, including the Office of Education;
(B) the Office of the Assistant Secretary for Education of the
Department of Health, Education, and Welfare;
(C) the Bureau of Occupational and Adult Education of the
Department of Health, Education, and Welfare.
(2) Whenever the President exercises the authority under section
302(a), the Office of Dependents' Education of the Department of Defense
shall terminate.
(b) Each position which was expressly authorized by law, or the
incumbent of which was authorized to receive compensation at the rate
prescribed for level IV or V of the Executive Schedule (5 U.S.C. 5315 -
5316), in an office terminated pursuant to this Act shall also
terminate.
Sec. 504. // 20 USC 3504. // (a) The Director of the Office of
Management and Budget, at such time or times as the Director shall
provide, is authorized and directed to make such determinations as may
be necessary with regard to the functions, offices, or portions thereof
transferred by this Act, and to make such additional incidental
dispositions of personnel, assets, liabilities, grants, contracts,
property, records, and unexpended balances of appropriations,
authorizations, allocations, and other funds held, used, arising from,
available to, or to be made available in connection with such functions,
offices, or portions thereof, as may be necessary to carry out the
provisions of this Act. The Director shall provide for the termination
of the affairs of all entities terminated by this Act and for such
further measures and dispositions as may be necessary to effectuate the
purposes of this Act.
(b) After consultation with the Director of the Office of Personnel
Management, the Director of the Office of Management and Budget is
authorized, at such time as the Director of the Office of Management and
Budget provides, to make such determinations as may be necessary with
regard to the transfer of positions within the Senior Executive Service
in connection with functions and offices transferred by this Act.
Sec. 505. // 20 USC 3505. // (a) All orders, determinations, rules,
regulations, permits, grants, contracts, certificates, licenses, and
privileges--,
(1) which have been issued, made, granted, or allowed to become
effective by the President, any Federal department or agency or
official thereof, or by a court of competent jurisdiction, in the
performance of functions which are transferred under this Act to
the Secretary or the Department, 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 revoked in accordance with the law
by the President, the Secretary, or other authorized official, a court
of competent jurisdiction, or by operation of law.
(b)(1) The provisions of this Act shall not affect any proceedings,
including notices of proposed rulemaking, or any application for any
license, permit, certificate, or financial assistance pending on the
effective date of this Act before any department, agency, commission, or
component thereof, functions of which are transferred by this Act; but
such proceedings and applications, to the extent that they relate to
functions so transferred, shall be continued. Orders shall be issued in
such proceedings, apeal shall be taken therefrom, and payments shall be
made pursuant to such orders, as if this Act had not been enacted; and
orders issued in any such proceedings shall continue in effect until
modified, terminated, superseded, or revoked by the Secretary, 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 such proceeding under the same terms and conditions
and to the same extent that such proceeding could have been discontinued
or modified if this Act had not been enacted.
(2) The Secretary is authorized to promulgate regulations providing
for the orderly transfer of proceedings continued under paragraph (1) to
the Department.
(c) Except as provided in subsection (e)--,
(1) the provisions of this Act shall not affect suits commenced
prior to the effective date of this Act, and
(2) in all such suits, proceedings shall be had, appeals taken,
and judgments rendered in the same manner and effect as if this
Act had not been enacted.
(d) No suit, action, or other proceeding commenced by or against any
officer in the official capacity of such individual as an officer of any
department or agency, functions of which are transferred by this Act,
shall abate by reason of the enactment of this Act. No cause of action
by or against any department or agency, functions of which are
transferred by this Act, or by or against any officer thereof in the
official capacity of such officer shall abate by reason of the enactment
of this Act.
(e) If, before the date on which this Act takes effect, any
department or agency, or officer thereof in the official capacity of
such officer, is a party to a suit, and under this Act any function of
such department, agency, or officer is transferred to the Secretary or
any other official of the Department, then such suit shall be continued
with the Secretary or other appropriate official of the Department
substituted or added as a party.
(f) Orders and actions of the Secretary in the exercise of functions
transferred under this Act shall be subject to judicial review to the
same extent and in the same manner as if such orders and actions had
been by the agency or office, or part thereof, exercising such functions
immediately preceding their transfer. Any statutory requirements
relating to notice, hearings, action upon the record, or administrative
review that apply to any function transferred by this Act shall apply to
the exercise of such function by the Secretary.
Sec. 506. // 20 USC 3506. // If any provision of this Act or the
application thereof to any person or circumstance is held invalid,
neither the remainder of this Act nor the application of such provision
to other persons or circumstances shall be affected thereby.
Sec. 507. // 20 USC 3507. // With respect to any function
transferred by this Act and exercised on or after the effective date of
this Act, reference in any other Federal law to any department,
commission, or agency or any officer or office the functions of which
are so transferred shall be deemed to refer to the Secretary, other
official, or component of the Department to which this Act transfers
such functions.
Sec. 508. (a) Section 19(d)(1) of title 3, United States Code, is
amended--,
(1) by striking out " Secretary of Health, Education, and
Welfare" and inserting in lieu thereof " Secretary of Health and
Human Services"; and
(2) by inserting immediately before the period at the end
thereof a comma and the following: " Secretary of Education".
(b) Section 101 of title 5, United States Code, is amended--,
(1) by striking out " Health, Education, and Welfare" and
inserting in lieu thereof " Health and Human Services"; and
(2) by adding at the end thereof the following:
" The Department of Education.".
(c) Section 5312 of title 5, United States Code, is amended by adding
at the end thereof the following:
"(15) Secretary of Education.".
(d) Section 5314 of title 5, United States Code, is amended by
inserting immediately after paragraph (4) the following:
"(5) Under Secretary of Education.".
(e) Section 5315 of title 5 of the United States Code is amended--,
(1) by striking out paragraph (17) and inserting in lieu
thereof the following:
"(17) Assistant Secretaries of Health and Human Services (4).";
and
(2) by inserting immediately after paragraph (24) the
following:
"(25) Assistant Secretaries of Education (6).
"(26) Genreral Counsel, Department of Education.
"(27) Inspector General, Department of Education.".
(f) Section 5316 of title 5 of the United States Code is amended--,
(1) by striking out paragraph (41); and
(2) by inserting after paragraph (36) the following new
paragraphs:
"(37) Additional officers, Department of Education, (4).
"(38) Administrator of Education for Overseas Dependents,
Department of Education.".
(g) Subchapter II of chapter 53 of title 5 of the United States Code
// 5 USC 5311. // is further amended by striking out " Health,
Education, and Welfare" each place it appears and inserting in lieu
thereof " Health and Human Services".
(h) The Comprehensive Employment and Training Act // 29 USC 801 // is
amended--,
(1) in section 111, by striking out subsection (a)
// 29 USC 821. // and inserting in
lieu thereof the following:
"(a) The Secretary of Labor shall consult with the Secretary of
Health and Human Services with respect to arrangements for services of a
health or welfare character under this Act. The Secretary of Labor
shall consult with the Secretary of Education with respect to
arrangements for services of an educational nature under this Act, and
the Secretary of Education and the Secretary of Health and Human
Services shall solicit the advice and comments of appropriate State
agencies with regard to, respectively, education and health and welfare
services. Such services shall include basic or general education,
educational programs conducted for offenders, institutional training,
health care, child care, and other supportive services, and new careers
and job restructuring in the health, education, and welfare
professions.";
(2) in section 127(b),
// 92 Stat. 1945. //
by striking out "and the Secretary of Health, Education, and
Welfare" and inserting in lieu thereof a comma and the following:
"the Secretary of Education, and the Secretary of Health and Human
Services";
(3) in section 302(c),
// 29 USC 873. //
by striking out paragraph (3) and inserting in lieu thereof the
following:
"(d) For the purposes of carrying out subsections (b) and (c) of this
section, the Secretary shall reserve from funds available for this title
an amount equal to not less than 4.625 percent of the amount allocated
pursuant to section 202(a).";
(4) in section 311(g),
// 92 Stat. 1968. //
by striking out " Health, Education, and Welfare," and inserting
in lieu thereof " Health and Human Services, Department of
Education,";
(5) in section 314,
// 92 Stat. 1972. // 29 USC 882. //
by striking out " Health, Education, and Welfare" and inserting in
lieu thereof " Education";
(6) in section 438(a)(2),
// 92 Stat. 1987. 29 USC 914. //
by striking out " Health, Education, and Welfare," and inserting
in lieu thereof " Education, Secretary of Health and Human
Services,"; and
(7) in section 502(a)--,
// 29 USC 952. //
thereof "16";
and
in
paragraph (1) and inserting in lieu thereof " Education,
Secretary of Health and Human Services,".
(i) Section 5 of the Alcohol and Drug Abuse Education Act // 21 USC
1004. // is amended--,
(1) by inserting after " Secretary" in the first sentence "of
Health and Human Services, the Secretary of Education"; and
(2) by striking out "of Health, Education, and Welfare" in the
second sentence and inserting in lieu thereof "of Health and Human
Services, the Department of Education".
(j) The Defense Dependents' Education Act of 1978 is amended--,
(1) in section 1410(a)(1),
// 92 Stat. 2369. 20 USC 928. //
by striking out "representatives of sponsors" and inserting in
lieu thereof "parents";
(2) in section 1410(b), by striking out " Secretary of Defense"
and inserting in lieu thereof " Secretary of Education, in
consultation with the Secretary of Defense,";
(3) in section 1411(a),
// 92 Stat. 2370. 20 USC 929. //
by striking out " Department of Defense" and inserting in lieu
thereof " Department of Education";
(4) in section 1411(a)(1),
// 92 Stat. 2370. 20 USC 929. //
by striking out everything after " Logistics" and inserting in
lieu thereof ",and the Administrator of Education for Overseas
Dependents of such department, who shall be co-chairman of the
Council;";
(5) in section 1411(a), by striking out paragraphs (2) and (3)
and inserting in lieu thereof the following:
"(2) twelve individuals appointed by the Secretary of
Education, who shall be individuals who have demonstrated an
interest in the fields of primary or secondary education and who
shall include representatives of professional employee
organizations, school administrators, parents of dependents
enrolled in the dependents' education system, and one student
enrolled in such system;
"(3) a representative of the Secretary of Education and of the
Secretary of Defense.";
(6) in section 1411(b)(1), by striking out " Assistant
Secretary" and inserting in lieu thereof " Secretary of
Education";
(7) in section 1411(c)--,
paragraphs
(3), (4), and (5), respectively; and
"(2) make recommendations to the Director and to the Secretary
of Education on the orderly transfer of the functions under the
Dependents' Education Act of 1978 to the Secretary and Department
of Education,"; and
(8) in section 1411(c)(5) (as so redesignated), by striking out
" Assistant Secretary" and inserting in lieu thereof " Secretary
of Education".
(k) Section 111(c)(2)(B) // 92 Stat. 2153. 20 USC 2711. // of the
Elementary and Secondary Education Act of 1965 is amended by adding at
the end thereof the following new sentence: " The Secretary of Health
and Human Services shall collect and transmit the information required
by this subparagraph to the Secretary not later than January 1 of each
year.".
(1)(1) Section 352 of the Environmental Education Act of 1978 // 92
Stat. 2218. 20 USC 3012. // is amended by striking out "who shall be
compensated" and everything that follows through the end of such section
and inserting in lieu thereof a period.
(2) Paragraph (1) of section 160(b) of the Vocational Education Act
of 1963 // 20 USC 2390. // is amended by striking out ",and who shall
be compensated" and everything that follows through the end of such
paragraph and inserting in lieu thereof a period.
(3) Section 512 of the Higher Education Act of 1965 // 20 USC 1102.
// is amended by striking out the second sentence and inserting in lieu
thereof the following: " The Teacher Corps shall be headed by a
Director and a Deputy Director.".
(4) Positions abolished as a consequence of the amendments made by
this subsection // 20 USC 1102 // shall, for purposes of section 502(
a), be deemed to be permanent positions transferred pursuant to title V
of this Act.
(m)(1) Section 203(a)(1) of the Rehabilitation Act of 1973 // 92
Stat. 2965. 29 USC 791b. // is amended by striking out " Commissioner,
the Commissioner" and inserting in lieu thereof " Secretary".
(2) Section 507 of such Act // 92 Stat. 2983. 29 USC 794c. // is
amended by striking out " Health, Education, and Welfare," and inserting
in lieu thereof " Education, the Secretary of Health and Human
Services,".
(n) The Inspector General Act of 1978 // 92 Stat. 1101. 5 USC app.
// is amended--,
(1) in section 2(1), by inserting "the Department of
Education," immediately after " Commerce,";
(2) in section 9(a)(1)--,
// 92 Stat. 1107. 5 USC app. //
(D)
through (M), respectively; and
the
Inspector General of Health, Education, and
Welfare or of
the Office of Inspector General of Health,
Education, and
Welfare relating to functions transferred by
section 301 of
the Department of Education Organization Act;";
(3) in section 11(1),
// 92 Stat. 1109. 5 USC app. //
by inserting " Education," immediately after " Commerce,";
(4) in section 11(2), by inserting " Education," immediately
after " Commerce,"; and
(5) by amending the title to read as follows: " An Act to
establish Offices of Inspector General within various departments
and agencies, and for other purposes.".
Sec. 509. // 20 USC 3508. // (a) The Department of Health,
Education, and Welfare is hereby redesignated the Department of Health
and Human Services, and the Secretary of Health, Education, and Welfare
or any other official of the Department of Health, Education, and
Welfare is hereby redesignated the Secretary or official, as
appropriate, of Health and Human Services.
(b) Any reference to the Department of Health, Education, and
Welfare, the Secretary of Health, Education, and Welfare, or any other
official of the Department of Health, Education, and Welfare in any law,
rule, regulation, certificate, directive, instruction, or other official
paper in force on the effective date of this Act shall be deemed to
refer and apply to the Department of Health and Human Services or the
Secretary of Health and Human Services, respectively, except to the
extent such reference is to a function or office transferred to the
Secretary or the Department under this Act.
INDIVIDUALS
Sec. 510. // 20 USC 3509. // The Secretary of Health and Human
Services shall identify, assess, coordinate, and eliminate conflict,
duplication, and inconsistencies among programs significantly affecting
handicapped individuals carried out by or under the Department of Health
and Human Services, shall promote efficiency among such programs, and
shall seek to coordinate, to the maximum extent feasible, such programs
with programs significantly affecting handicapped individuals carried
out by or under the Department of Education.
Sec. 511. // 20 USC 3510. // With the consent of the appropriate
department or agency head concerned, the Secretary is authorized to
utilize the services of such officers, employees, and other personnel of
the departments and agencies from which functions or offices have been
transferred to the Secretary or the Department, and funds appropriated
to such functions or offices for such period of time as may reasonably
be needed to facilitate the orderly implementation of this Act.
Sec. 601. // 20 USC 3401 note. // (a) The provisions of this Act
shall take effect one hundred and eighty days after the first Secretary
takes office, or on any earlier date on or after October 1, 1979, as the
President may prescribe and publish in the Federal Register, except that
at any time on or after October 1, 1979--,
(1) any of the officers provided for in title II of this Act
may be nominated and appointed, as provided in such title; and
(2) the Secretary may promulgate regulations pursuant to
section 505(b)(2) of this Act.
(b) Funds available to any department or agency (or any official or
component thereof), the functions or offices of which are transferred to
the Secretary or the Department by this Act, may, with the approval of
the Director of the Office of Management and Budget, be used to pay the
compensation and expenses of any officer appointed pursuant to this
title and other transitional and planning expenses associated with the
establishment of the Department or transfer of functions or offices
thereto until such time as funds for such purposes are otherwise
available.
Sec. 602. // 20 USC 3401 // (a) In the event that one or more
officers required by this Act to be appointed by and with the advice and
consent of the Senate shall not have entered upon office on the
effective date of this Act and notwithstanding any other provisions of
law, the President may designate an officer in the executive branch to
act in such office for one hundred and twenty days or until the office
is filled as provided in this Act, whichever occurs first.
(b) Any officer acting in an office in the Department pursuant to the
provisions of subsection (a) shall receive compensation at the rate
prescribed for such office under this Act.
Approved October 17, 1979.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 96 - 143 accompanying H.R. 2444 (Comm. on
Government Operations) and No. 96 - 459 (Comm. of Conference).
SENATE REPORTS: No. 96 - 49 (Comm. on Governmental Affairs) and No.
96 - 326 (Comm. of Conference).
CONGRESSIONAL RECORD, Vol. 125 (1979):
Apr. 5, 10, 26, 30, considered and passed Senate.
June 7, 11 - 13, 19, July 11, H.R. 2444, considered and passed
House; passage vacated and S. 210, amended, passed in lieu.
Sept. 24, Senate agreed to conference report.
Sept. 27, House agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 15, No. 42:
Oct. 17, Presidential statement.
PUBLIC LAW 96-87, 93 STAT, 664
for the commemoration of
the efforts of Goodloe Byron to protect the
Appalachian Trail, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Sec. 101. Goodloe Byron, late a United States Representative from
the State of Maryland, should be afforded appropriate recognition for
his long and continuing interest in conservation, outdoor recreation,
physical fitness, and the protection of the Nation's natural and scenic
resources. Goodloe Byron took an early and leading interest in the
protection of the Maryland segment of the Appalachian Trail as a member
of the Senate of Maryland and continued his efforts to provide for the
protection of the entire Appalachian Trail for public use and enjoyment
during his service in the Congress of the United States. As a member of
the National Scenic Trails Advisory Council, he encouraged recognition
of the value of scenic trails as outdoor recreation resources attractive
to all segments of the public.
Sec. 102. The Secretary of the Interior is authorized, in
cooperation with the Appalachian Trail Conference and the State of
Maryland, to design and erect at a suitable location along the Maryland
segment of the Appalachian Trail an appropriate marker in commemoration
of the outstanding contributions of Goodloe Byron toward the protection
of the Appalachian Trail for the use and enjoyment of the American
people in perpetuity.
Sec. 201. // 16 USC 461. // (a) In order to preserve and interpret
for the benefit, inspiration, and education of present and future
generations the home and office of Frederick Law Olmsted, the great
American landscape architect and designer, there is hereby established
the Frederick Law Olmsted National Historic Site (hereinafter referred
to as the " Site").
(b) The Secretary of the Interior (hereinafter referred to in this
Act as the " Secretary") is authorized to acquire by donation, purchase
with donated or appropriated funds, or exchange, the property comprising
the former home and office of Frederick Law Olmsted at 99 - 101 Warren
Street, Brookline, Massachusetts, together with such adjacent lands and
interests therein as the Secretary deems necessary, for establishment of
the Site. The Secretary may also acquire for the purposes of the Site
all or any portion of the documents, equipment, drawings, and other
materials comprising the Olmsted archival collection.
(c) It is the express intent of the Congress that the Secretary
should substantially complete the acquisition program authorized by this
Act within two years after the date of its enactment.
Sec. 202. (a) The Secretary shall administer the property, Site,
including personal property comprising the archival collection, acquired
for the purposes of this Act in accordance with the Act of August 25,
1916 (39 Stat. 535), as amended and supplemented, and the Act of August
21, 1935 (49 Stat. 666), as amended. // 16 USC 461. //
(b) The Secretary is authorized to enter into a cooperative agreement
with an appropriate entity for the management of the archival collection
acquired for the purposes of this Act.
(c) Within three years of the date of enactment of this Act, // 16
USC 1a-1. // the Secretary shall submit to the Committee on Interior
and Insular Affairs of the United States House of Representatives and
the Committee on Energy and Natural Resources of the United States
Senate, a general management plan for the Site pursuant to the
provisions of section 12(b) of the Act of August 18, 1970 (84 Stat.
825), as amended. Within six months of the date of enactment of this
Act, the Secretary shall submit a written report to the same committees
relating the state of progress of his acquisition and provisions for
management and permanent protection of the archival collection. He
shall submit a similar report within one year of the date of enactment
of this Act to the same committees indicating the final management and
protection arrangements he has concluded for such collection.
Sec. 203. (a) Effective October 1, 1979, there are authorized to be
appropriated from the Land and Water Conservation Fund such sums as may
be necessary for the acquisition of lands and interests therein.
(b) There is hereby authorized to be appropriated, effective October
1, 1979, an amount not to exceed $514,000 for the acquisition of the
archival collection; an amount not to exceed $200,000 for development;
and an amount not to exceed $1,230,000 for the preservation of the
archival collection.
Sec. 301. Notwithstanding any other provision of law, the Secretary
shall permit the late Chief Turkey Tayac to be buried in the ossuary at
Piscataway Park in Oxon Hill, Maryland. The Secretary shall select the
site in such ossuary at which Chief Tayac may be buried. No Federal
funds may be used for the burial of Chief Tayac except such funds as may
be necessary for the maintenance of the burial site by the Department of
the Interior.
Sec. 401. The National Parks and Recreation Act of 1978, // 16 USC 1
92 Stat. 3471. 16 USC 450dd // approved November 10, 1978 (92 Stat.
3467), is amended as follows:
(a) Section 101(8), re: De Soto National Memorial, is amended
by changing the phrase "changing '$3,108,000' to '$5,108,000'." to
read "by changing '$175,000' to '$292,000'."
(b) Section 101(20),
// 92 Stat. 3472. //
re: Pecos National Monument, is amended by changing "$2,375,000"
to "$2,575,000".
(c) Section 301,
// 92 Stat. 3473. //
re: revision of boundaries, is amended by changing the words "but
not exceed" in the first sentence to "but not to exceed".
(d) Section 301(8), re: Great Sand Dunes National Monument, is
amended by (1) changing "one thousand one hundred and nine acres"
to "one thousand nine hundred acres" and by changing "$166,000" to
"$265,000"; and (2) by adding the following at the end thereof:
" The Secretary shall designate the lands described by this
paragraph for management in accordance with the adjacent lands
within the monument by publication of a notice in the Federal
Register.".
(e) Section 302
// 92 Stat. 3476. //
is amended at the end thereof by changing "section 301" to "title
III of this Act".
(f) Section 309(b),
// 92 Stat. 3477. //
re: Fort Union Trading Post National Historic Site, is amended by
changing "this Act" in the proviso to "the National Parks and
Recreation Act of 1978".
(g) Section 315(a),
// 92 Stat. 3483. 16 USC 460ff-1. //
re: Cuyahoga Valley National Recreation Area, is amended by
changing "90,001-A" to "655 - 90, 001-A".
(h) Section 501(a),
// 92 Stat. 3491. //
re: Guam National Seashore, is amended in clause (1) by changing
" Anac" to " Anae".
(i) Section 505(f)(1),
// 92 Stat. 3499. 16 USC 396d. //
re: Kaloko-Honokohau National Historic Park, is amended by
striking " Kaloko-Honokohau" the first time it appears in the
subsection.
(j) Section 507(f),
// 92 Stat. 3501. 16 USC 460kk. //
re: Santa Monica Mountains National Recreation Area, is amended
by changing " January 1, 1976" to " January 1, 1978".
(k) Section 508(d),
// 92 Stat. 3507. 16 USC 461. //
re: Ebey's Landing National Historical Reserve, is amended by
changing "with donated funds" in the first sentence to "with
donated or appropriated funds".
(l) Section 511(b),
// 92 Stat. 3510. 16 USC 461 //
re: Maggie L. Walker National Historic Site, is amended by
changing "at 113 East Leigh Street" to "at 110 A East Leigh
Street".
(m) Section 551,
// 92 Stat. 3514. 16 USC 1244. 92 Stat. 3516. 16 USC 1246. //
re: the National Trails System Act, is amended by--,
beginning
and end of the second sentence; and
beginning
and end of the second sentence.
(n) Section 601(a),
// 92 Stat. 3517. //
re: Yellowstone National Park, is amended by changing " State of
Wyoming" to " States of Wyoming and Montana".
(o) Section 612,
// 92 Stat. 3521. 16 USC 431. //
re: Albert Einstein Memorial, is amended by changing "access" in
the second sentence to "purposes of such memorial".
(p) Section 704,
// 92 Stat. 3523. 16 USC 1274. 16 USC 1274. //
re: Upper Delaware River, is amended (1) in subsection (a) by
changing "705(c)" to "704(c)"; and (2) in subsection (f)(1) by
inserting the following sentence at the end thereof: " The
Advisory Council shall terminate ten years after the date on which
it is established.".
(q) Title IX, re: Jean Lafitte National Historical Park, is
amended--,
// 92 Stat. 3535. 16 USC 230a. //
by changing "eight thousand acres" in
the first sentence to "eight thousand six hundred
acres";
// 92 Stat. 3536. 16 USC 230c. //
by changing "section 7" in the first
sentence to "section 907";
// 92 Stat. 3537. 16 USC 230f. //
by striking the word "and" at the end
of the clause numbered (6), changing the period at the
end of
the clause numbered (7) to ";and", and adding at the end
thereof the following:
recommendations
submitted by the Police Jury of Saint Bernard
Parish."; and
at
the end thereof: " The Commission shall terminate ten
years
from the date of approval of this Act.".
Sec. 402. Notwithstanding any other provision of law, the Secretary
shall not charge any entrance or admission fee in excess of the amounts
which were in effect as of January 1, 1979, or charge said fees at any
unit of the National Park System where such fees were not in effect as
of such date, nor shall the Secretary charge after the date of enactment
of this section, user fees for transportation services and facilities in
Mount Mc Kinley National Park, Alaska.
Sec. 403. Section 3 of the Act of December 2, 1969 (83 Stat. 279),
// 83 Stat. 274. // is amended by changing "180,000" to "680,000".
Sec. 404. The Wild and Scenic Rivers Act of 1968 (82 Stat. 906), as
amended (16 U.S.C. 1271), is further amended as follows:
(a) In section 5(b),
// 16 USC 1276. //
in paragraph numbered (3), change "(72)" to "(75)";
(b) In section 5(b), in paragraph numbered (4), change "(74)"
to "(75)".
Approved October 12, 1979.
LEGISLATIVE HISTORY:
CONGRESSIONAL RECORD, Vol. 125 (1979):
Sept. 27, considered and passed House.
Oct. 1, considered and passed Senate, amended.
Oct. 9, House concurred in certain Senate amendments and in
another with an amendment.
Oct. 11, Senate concurred in House amendments.
PUBLIC LAW 96-86, 93 STAT, 656
year 1980, and for other purposes.
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 1980, and for other purposes, namely:
Sec. 101. (a)(1) Such amounts as may be necessary for continuing
projects or activities (not otherwise specifically provided for in this
joint resolution) which were conducted in the fiscal year 1979 and for
which appropriations, funds or other authority would be available in the
following appropriation Acts:
Agriculture, Rural Development, and Related Agencies
Appropriation Act, 1980;
District of Columbia Appropriation Act, 1980;
Foreign Assistance and Related Programs Appropriations Act,
1980,
// 22 USC 2412 //
notwithstanding section 10 of Public Law 91 - 672, and section
15(a) of the Act entitled, " An Act to provide certain basic
authority for the Department of State", approved August 1, 1956,
as amended;
// 22 USC 2680. //
Deparment of the Interior and Related Agencies Appropriation Act,
1980; and
Military Construction Appropriation Act, 1980.
(2) Appropriations made by this subsection shall be available to the
extent and in the manner which would be provided by the pertinent
appropriation Act.
(3) Whenever the amount which would be made available or the
authority which would be granted under an Act listed in this subsection
as passed by the House as of October 1, 1979, is different from that
which would be available or granted under such Act as passed by the
Senate as of October 1, 1979, the pertinent project or activity shall be
continued under the lesser amount or the more restrictive authority.
(4) Whenever an Act listed in this subsection has been passed by only
one House as of October 1, 1979, or where an item is included in only
one version of an Act as passed by both Houses as of October 1, 1979,
the pertinent project or activity shall be continued under the
appropriation, fund, or authority granted by the one House, but at a
rate for operations not exceeding the current rate or the rate permitted
by the action of the one House, whichever is lower, and under the
authority and conditions provided in applicable appropriation Acts for
the fiscal year 1979: Provided, That no provision which is included in
an appropriation Act enumerated in this subsection but which was not
included in the applicable appropriation Act of 1979, and which by its
terms is applicable to more than one appropriation, fund, or authority
shall be applicable to any appropriation, fund, or authority provided in
the joint resolution unless such provision shall have been included in
identical form in such bill as enacted by both the House and the Senate.
(b) Such amounts as may be necessary for continuing projects or
activities which were conducted in fiscal year 1979 for which provision
was made in the Department of Defense Appropriation Act, 1979, // 92
Stat. 1231. // at a rate of operations not in excess of the current
rate or the rate provided in the budget estimate, whichever is lower,
and under the more restrictive authority.
(c) Notwithstanding the provisions of sections 102 and 106 of this
joint resolution, such amounts as may be necessary for continuing
projects and activities to the extent and in the manner as provided in
H.R. 4390, entitled the Legislative Branch Appropriation Act, 1980, as
reported June 7, 1979 (except as to executive salaries which are covered
subsequently) and such amounts as may be necessary for continuing
projects or activities for which disbursements are made by the Secretary
of the Senate, and the Senate items under the Architect of the Capitol,
to the extent and in the manner which would be provided for in the
budget estimates, as amended, for fiscal year 1980.
For the fiscal year 1980, funds available for payment to executive
employees, which includes Members of Congress, // 5 USC 5318 // who
under existing law are entitled to approximately 12.9 percent increase
in pay, shall not be used to pay any such employee or elected or
appointed official any sum in excess of 5.5 percent increase in existing
pay and such sum if accepted shall be in lieu of the 12.9 percent due
for such fiscal year.
Provided, further, That for the purpose of carrying out this
provision and notwithstanding the provisions of the Federal Pay
Comparability Act of 1970, // 5 USC 5301 // the Executive Salary
Cost-Of-Living Adjustment Act, // 5 USC 5312 // or any other related
provision of law, which would provide an approximate 12.9 percent
increase in pay for certain Federal officials for pay periods beginning
on or after October 1, 1979, and notwithstanding section 102 of this
joint resolution, the provisions of section 304 of the Legislative
Branch Appropriation Act, 1979, // 92 Stat. 788. // which limit the pay
for certain Federal offices and positions, shall apply to funds
appropriated by this joint resolution or any Act for the fiscal year
1980, except that in applying such limitation the term "at a rate which
exceeds by more than 5.5 percent the rate" shall be substituted for the
term "at a rate which exceeds the rate" where it appears in subsection
(a) of such section for the purpose of limiting pay increases to 5.5
percent.
Any additional payment under existing law is not to be construed as
an increase in salary or emoluments within the meaning of Article I,
section 6, clause 2 of the Constitution, except that:
(1) Any Member of Congress, whether he voted to confirm or not
to confirm the appointment of any judge appointed during the 96th
Congress to the United States Court of Appeals for the District of
Columbia, or whether he abstained from, or was not present for
such vote, may bring a civil action in the United States District
Court for the District of Columbia or in any United States
District Court in the State he represents to contest the
constitutionality of the appointment and continuance in office of
said Circuit Judge on the ground that such appointment and
continuance in office is in violation of Article I, section 6,
clause 2 of the Constitution;
(2) The designated United States District Courts shall have
exclusive jurisdiction, without regard to the sum or value of the
matter in controversy, to determine the validity of such
appointment and continuance in office;
(3) Any action brought under this section shall be heard and
determined by a panel of three judges in accordance with the
provisions of section 2284 of title 28, United States Code. Any
appeal from the action of a court convened pursuant to such
section shall lie to the Supreme Court; and
(4) Any judge designated to hear any action brought under this
section shall cause such action to be in every way expedited.
For purposes of this subsection, H.R. 4390, as reported June 7, 1979,
shall be treated as appropriating $11,000,000 under the headings "
OFFICE OF TECHNOLOGY ASSESSMENT," Salaries and Expenses"; $200,300,000
under the headings " GENERAL ACCOUNTING OFFICE", " Salaries and
Expenses"; and $50,707,000 under headings " JOINT ITEMS", " Official
Mail Costs".
No funds contained in this section shall be used to remodel the
gallery in Statuary Hall in the Capitol into carrels or into any other
structure constituting additional office or work space for Members of
Congress.
(d) Such amounts as may be necessary for fiscal year 1980 for
Department of Energy, Operating Expenses, Energy Supply, Research and
Development Activities, to carry out the breeder reactor demonstration
project or project alternative approved by Congress in authorizing
legislation, and for no other purpose, at the current rate of operations
notwithstanding the provisions of sections 102 and 106 of this joint
resolution.
(e) Such amounts as may be necessary for continuing the following
activities, not otherwise provided for, which were conducted in fiscal
year 1979, but at a rate for operations not in excess of the current
rate:
activities under the Domestic Volunteer Service Act;
// 42 USC 4951 //
activities for support of nursing research under section 301 of
the Public Health Service Act;
// 42 USC 241. //
activities for support of nursing fellowships and for support
of training programs and program support related to alcoholism
under sections 301, 303, and 472 of the Public Health Service Act;
// 42 USC 241, 242a, 289l-1. //
activities under section 789 and titles VIII, XIII, XV, and
XVII of the Public Health Service Act,
// 42 USC 295g-9, 296, 300d, 300k-1, 300u. 42 USC 300d. //
except that activities under title XV of the Public Health Service
Act shall be conducted at not to exceed an annual rate for
obligations of $169,717,000;
activities under sections 204 and 213 of the Community Mental
Health Centers Act;
// 42 USC 2689c, 2689h. //
activities under title IV of the Drug Abuse Office and
Treatment Act;
// 21 USC 1171. //
activities under titles III and V of the Comprehensive Alcohol
Abuse and alcoholism Prevention, Treatment and Rehabilitation Act;
// 42 USC 4571, 4585. //
activities under section 2 of the Indochina Migration and
Refugee Assistance Act;
// 22 USC 2601 //
activities of the National Board for the Promotion of Rifle
Practice;
activities of the Federal Trade Commission: Provided, That
none of the funds made available by this joint resolution for the
Federal Trade Commission may be used for the final promulgation of
trade regulation rules authorized by section 18 of the Federal
Trade Commission Act,
// 15 USC 57a //
as amended, nor to initiate any new activities;
activities under the Omnibus Crime Control and Safe Streets Act
of 1968,
// 42 USC 3701 //
as amended, except that such activities shall be continued at a
rate of operations not in excess of appropriations contained in
the Department of Justice Appropriation Act, 1980, for the Office
of Justice Assistance, Research, and Statistics;
activities of the Economic Development Administration; and
activities of the Regional Action Planning Commissions.
(f) Notwithstanding the funding rates provided for in section 101(
a), activities of the Department of State for Migration and Refugee
Assistance shall be funded at not to exceed an annual rate for
obligations of $456,241,000, notwithstanding section 15(a) of the Act
entitled, " An Act to provide certain basic authority for the Department
of State", approved August 1, 1956, as amended, // 22 USC 2680. // and
section 10 of Public Law 91 - 672. // 22 USC 2412. //
(g) Such amounts as may be necessary for projects or activities which
were conducted in fiscal year 1979 and for which provision was made in
the Department of Transportation and Related Agencies Appropriation Act,
1979, // 92 Stat. 435. // or chapter X of the Supplemental
Appropriations Act, 1979, at a rate of operations not in excess of the
current rate or the rate provided in the budget estimate, whichever is
lower, and under the more restrictive authority: Provided, That the
Panama Canal Commission is authorized to incur obligations at the rate
of operations, and to the extent and in the manner provided for in H.R.
4440 as reported on June 13, 1979, to meet operational and capital
requirements of the Panama Canal in conformance with applicable
legislation and the Panama Canal Treaty of 1977, notwithstanding the
provisions of section 106 of this joint resolution: Provided further,
That the Interstate Commerce Commission is authorized to incur
obligations for payments for directed rail service at the rate of
operations and to the extent and manner provided for in H.R. 4440 as
passed by the House of Representatives on September 18, 1979.
(h) Such amounts as may be necessary for the programs or activities
of the Federal Inspector for the Alaska Gas Pipeline, at a rate of
operations not in excess of 35 per centum of the fiscal year 1980 budget
estimate.
(i) Such amounts as may be necessary for projects or activities
provided for in the Department of Housing and Urban
Development-Independent Agencies Appropriation Act, 1980 (H.R. 4394), at
a rate of operations, and to the extnet and in the manner, provided for
in such Act as adopted by the House of Representatives on September 27,
1979, and the Senate on September 28, 1979, notwithstanding the
provisions of section 106 of this joint resolution: Provided, That
those programs in disagreement shall be funded at the lesser of the
amounts originally approved by the House or Senate.
(j) 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, 1980 (H.R. 4389), at a
rate of operations, and to the extent and in the manner, provided for in
such Act as adopted by the House of Representatives on August 2, 1979,
except as provided in section 118 of this joint resolution and
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
October 1, 1979, 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) enactment of the applicable appropriation Act
by both Houses without any provision for such project or activity, or
(c) November 20, 1979, 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 section 665(d)(2) of title 31, United States Code, 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 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 1979.
Sec. 107. Any appropriation for the fiscal year 1980 required to be
apportioned pursuant to section 665 of title 31, United States Code, 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 section 665 of title 31, United States
Code.
Sec. 108. None of the funds available to the Department of
Defense--Civil, Department of the Army, Corps of Engineers--Civil in
fiscal year 1980 shall be available, except on a voluntary basis, for
the acquisition of land or easements at or around the four lake projects
in the Yazoo Basin, Mississippi, pending the submission to Congress of a
plan for changing the curve by which the flow is regulated in line with
the instructions contained on page 60 of the conference report
accompanying H.R. 4388 and of alternative solutions for the protection
of Coffeeville, Mississippi, and other properties affected by the flood
control operation at the project.
Sec. 109. No provision in any appropriation Act for the fiscal year
1980 that makes the availability of any appropriation provided therein
dependent upon the enactment of additional authorizing or other
legislation shall be effective before the date set forth in section
102(c) of this joint resolution.
Sec. 110. Appropriations and funds made available to the Appalachian
Regional Commission, including the Appalachian Regional Development
Programs, by this or any other Act shall be used by the Commission in
accordance with the provisions of the applicable appropriation Act and
pursuant to the Appalachian Regional Development Act of 1965, as
amended, notwithstanding the provisions of section 405 of said Act.
Sec. 111. Notwithstanding section 106 or any other provision of this
joint resolution--,
(a) effective October 1, 1979, the allowance for administrative
and clerical assistance of each Senator from the State of
Minnesota is increased to that allowed Senators from States having
a population of four million but less than five million, the
population of said State having exceeded four million inhabitants;
(b) effective October 1, 1979, the allowance for administrative
and clerical assistance of each Senator from the State of Texas is
increased to that allowed Senators from States having a population
of thirteen million but less that fifteen million, the population
of said State having exceeded thirteen million inhabitants;
(c) effective with the fiscal year ending September 30, 1980,
section 117 of the Second Supplemental Appropriations Act, 1976 (2
U.S.C. 61f-1a), is amended by striking out "$25,000" and inserting
in lieu thereof "$92,000"; and
(d) effective October 1, 1979, the Sergeant at Arms and
Doorkeeper of the Senate may appoint and fix the compensation of
two Photostat operators at not to exceed $12,663 per annum each;
six Assistant Mail operators at not to exceed $12,096 per annum
each; a Requisition and Receiving Clerk at not to exceed $13,608
per annum; a Maintenance and Rental Clerk at not to exceed
$13,608 per annum; a State office Repair Clerk at not to exceed
$13,608 per annum; and two Auditors at not to exceed $14,931 per
annum each.
Sec. 112. During the fiscal year ending on September 30, 1980, the
total amount which may be obligated to travel and transportation of
persons, and transportation of things, for officers and employees of the
executive branch of the Government shall not exceed an amount which is
$500,000,000 less than the total amount proposed therefor in the Budget
of the United States Government for such fiscal year (as amended and
supplemented), transmitted by the President under section 201 of the
Budget and Accounting Act, 1921. The Director of the Office of
Management and Budget shall allocate the reduction in such proposed
total amount among the departments, agencies, and instrumentalities of
the executive branch and shall report on such allocation to the
Committees on Appropriations of the House of Representatives and the
Senate: Provided, That in allocating the reduction in such proposed
total amount among the departments, agencies, and instrumentalities of
the executive branch, no reduction shall be made in funds for debt
collection or supervision of loans, nor shall any department, agency or
instrumentality be reduced by more than fifteen per centum of the amount
proposed for each such department, agency or instrumentality in the
Budget of the United States Government for such fiscal year (as amended
and supplemented), transmitted by the President under section 201 of the
Budget and Accounting Act, 1921.
Sec. 113. Funds available under the Department of Justice
Appropriation Act, Fiscal Year 1979 (Public Law 95 - 431) // 92 Stat.
1021. // for support of United States prisoners shall be available as
follows:
(a) The Attorney General is authorized to use the appropriation
" Support of United States Prisoners" to enter into contracts or
cooperative agreements to assist the government of any State,
territory, or political subdivision thereof, for the necessary
physical renovation, and the acquisition of equipment, supplies,
services, or materials required to raise the level of conditions
of confinement and facility services of any substandard facility
which confines Federal detainees.
(b) This section shall apply only insofar as it is not
inconsistent with section 4006 of title 18, United States Code.
(c) Authority provided by this section shall be available from
September 26, 1979, and all obligations incurred in anticipation
of the authority provided in this section are hereby ratified and
confirmed if otherwise in conformance with the provisions of this
section.
Sec. 114. Notwithstanding the provisions of the paragraph entitled "
Capital Outlay" in title II of the District of Columbia Appropriation
Act, 1978, providing for the expiration of certain authorizations and
the lapse of certain funds for capital outlay projects, the
authorization for the capital outlay project involving the construction
of phase I of the downtown permanent campus of the University of the
District of Columbia located north of Mount Vernon Square and the funds
appropriated in connection therewith by the District of Columbia
Appropriation Act, 1978, shall, subject to the last proviso of such
paragraph, expire on September 30, 1980, unless funds have been
obligated in whole or in part prior to such date.
Sec. 115. (a) Section 3(e) of Public Law 91 - 663 // 45 USC 662. //
is amended by adding at the end thereof the following: " With respect
to a railroad which filed a petition for reorganization during fiscal
year 1978, during the period October 1, 1979, through November 30, 1979,
certificates shall be issued without regard to the limitations of
subsection (a) and with such priority in payment as the Secretary deems
appropriate to secure repayment, for the purpose of continuing service
on the railroad system at the level in effect on October 1, 1979."
(b) Section 5(h)(2)(A) of Public Law 89 - 670, // 49 USC 1654. // as
amended, is further amended by striking "but has not yet" and inserting
in lieu thereof "or has".
Sec. 116. None of the funds contained in this Act shall be used for
the reorganization of the Alaska Railroad Office of the Chief Counsel,
Office of Real Estate or Office of Financial Planning, or for the
consolidation of those Offices into the Office of the Alaska Railroad
General Manager.
Sec. 117. 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.
Sec. 118. Notwithstanding any other provision of this joint
resolution except section 102, none of the Federal funds provided by
this joint resolution for the District of Columbia, Foreign Assistance
and Related Programs, the Departments of Labor and Health, Education,
and Welfare, or the Department of Defense shall be used to perform
abortions except where the life of the mother would be endangered if the
fetus were carried to term; or except for such medical procedures
necessary for the victims of rape or incest, when such rape or incest
has been reported promptly to a law enforcement agency or public health
service;
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.
Approved October 12, 1979
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 96 - 500 (Comm. on Appropriations) and No. 96 -
513 (Comm. of Conference).
CONGRESSIONAL RECORD, Vol. 125 (1979):
Oct. 9, considered and passed House.
Oct. 10, considered and passed Senate, amended.
Oct. 12, House agreed to conference report, concurred in one
Senate amendment and concurred with amendment in another; Senate
agreed to conference report and concurred in House amendment.
PUBLIC LAW 96-85, 93 STAT, 655
authorize additional appropriations,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the first sentence
of section 6 of the International Travel Act of 1961, as amended (22 U.
S.C. 2126) is amended by striking out "and= immediately after "1978;",
and inserting immediately before the period at the end thereof the
following: "; and (8) $8,000,000 for the fiscal year ending September
30, 1980".
Sec. 2. The International Travel Act of 1961, as amended (22 U.S.C.
2121 et seq.) is further amended by adding at the end thereof the
following new section:
" Sec. 9. The Secretary shall reduce the number of employees of the
United States Travel Service in the offices of such Service in the
District of Columbia, in order that the total number of such employees
as of September 1, 1979, and thereafter, does not exceed 40 per centum
of the total number of such employees as of december 31, 1978.".
Approved October 10, 1979.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 146, accompanying H. R. 2795 (Comm. on
Interstate and Foreign Commerce.)
SENATE REPORT No. 96 - 8 (Comm. on Commerce, Science, and
Transportation)
DONGRESSIONAL RECORD, Vol. 125 (1979):
Mar. 8, considered and passed Senate.
Sept. 28, H. R. 2795 considered and passed House; passage
vacted and S. 233 passed in lieu.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 15, No. 41:
Oct. 10, Presidential statement.
PUBLIC LAW 96-84, 93 STAT, 653
of 1976 with respect
to the National Commission on Unemployment
Compensation, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
COMMISSION ON
UNEMPLOYMENT COMPENSATION.
(a) General Rule.--Paragraph (1) of section 411(e) of the
Unemployment Compensation Amendments of 1976 // 26 USC 3304 // (relating
to pay and travel expenses) is amended to read as follows:
"(1) Pay.--,
States shall
be paid compensation at a rate not to exceed the per
diem
equivalent of the rate payable for GS-18 of the
General
Schedule under section 5332 of title 5, United
States Code,
// 3 CFR 1978 //
for each day (including traveltime) during which they
are
engaged in the performance of services for the
Commission.
States.--Except
as provided in paragraph (2), members of the Commission
who are full-time officers or employees of the United
States shall receive no additional pay on account of
their
service on the Commission."
(b) Technical Amendment.--Paragraph (2) of such section 411(e) // 26
USC 3304 // is amended by striking out "section 5703(b)" and inserting
in lieu thereof "section 5703".
(c) Effective Date.--The amendments made by this section // 26 USC
3304 // shall take effect on October 1, 1979, and shall appy with
respect to services performed on or after March 1, 1978.
COMMISSION ON
UNEMPLOYMENT COMPENSATION.
(a) Interim Reports.--Subsection (f) of section 411 of the
Unemployment Compensation Amendments of 1976 // 26 USC 3304 // (relating
to interim report) is amended to read as follows:
"(f) Interim Reports.--The Commission shall, from time to time,
transmit to the President and the Congress such interim reports as the
Commission deems appropriate.".
(b) Final Report.--Subsection (g) of such section 411 // 26 USC 3304
// (relating to fina report) is amended by striking out " July 1, 1979"
and inserting in lieu thereof " July 1, 1980".
UNEMPLOYMENT
COMPENSATION FROM REQUIREMENTS FOR OFFICE OF
MANAGEMENT AND BUDGET CLEARANCE.
(a) Exemption From Clearance Requirements.--Section 411 of the
Unemployment Compensation Amendments of 1976 // 26 USC 3304 // is
amended by adding at the end thereof the following new subsection:
"(j) Exemption From Requirements for Office of Management and Budget
Clearance.--,
"(1) Federal reports act.--The requirements of chapter 35 of
title 44, United States Code,
// 44 USC 3501 // shall not apply to the Commission.
"(2) Reports to congress.--Any reports submitted to the
Congress by the Commission shall be submitted directly to the
Congress and shall not be subject to any requirements for
clearance of reports by the Office of Management and Budget.".
(b) Effective Date.--The amendment made by this section shall take
effect on the date of the enactment of this Act.
(a) General Rule.--Subparagraph (B) of section 3306(c)(1) of the
Internal Revenue Code of 1954 // 26 USC 3306 // (relating to
agricultural labor) is amended by striking out " January 1, 1980" and
inserting in lieu thereof " January 1, 1982".
(b) Labor Performed by Aliens Taken Into Account for Determining
Whether Other Agricultural Labor Is Covered.--Subparagraph (A) of
section 3306(c)(1) of such Code is amended by striking out "not taking
into account labor performed before January 1, 1980, by" each place it
appears and inserting in lieu thereof "including labor performed by".
(c) Effective Date.--The amendments made by this section // 26 USC
3306 // shall apply to remuneration paid after December 31, 1979, for
services performed after such date.
Approved October 10, 1979.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 237 (Comm. on Ways and Means).
SENATE REPORT No. 96 - 327 (Comm. on Finance).
CONGRESSIONAL RECORD, Vol. 125 (1979):
June 25, considered and passed House.
Sept. 27, considered and passed Senate.
PUBLIC LAW 96-83, 93 STAT, 648, OFFICE OF FEDERAL PROCUREMENT POLICY
AMENDMENTS OF 1979.
Act, 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. (a) This Act // 41 USC 401 // may be cited as the "
Office of Federal Procurement Policy Act Amendments of 1979".
(b) As used in this Act, the term "the Act" means the Office of
Federal Procurement Policy Act. // 41 USC 401 //
Sec. 2. Strike Section 2 of the Act (41 U.S.C. 401) and insert in
lieu thereof the following:
" Sec. 2. It is declared to be the policy of Congress to promote
economy, efficiency, and effectiveness in the procurement of property
and services by and for the executive branch of the Federal Government
by--,
"(1) promoting the use of full and open competition in the
procurement of products and services;
"(2) establishing policies, procedures, and practices which
will require the Government to acquire property and services of
the requisite quality and within the time needed at the lowest
reasonable cost;
"(3) improving the quality, efficiency, economy, and
performance of Government procurement organizations and personnel,
and eliminating fraud and waste in the procurement process;
"(4) avoiding or eliminating unnecessary overlapping or
duplication of procurement and related activities;
"(5) avoiding or eliminating unnecessary or redundant
requirements placed on contractor and Federal procurement
officials;
"(6) identifying gaps, omissions, or inconsistencies in
procurement laws, regulations, and directives, and in other laws,
regulations, and directives, relating to or affecting procurement;
"(7) achieving greater uniformity and simplicity, whenever
appropriate, in procurement procedures;
"(8) otherwise promoting economy, efficiency, and effectiveness
in Government procurement organizations and operation;
"(9) coordinating procurement policies and programs of the
several departments and agencies;
"(10) minimizing possible disruptive effects of Government
procurement on particular industries, areas, or occupations;
"(11) improving understanding of Government procurement laws
and policies within the Government and by organizations and
individuals doing business with the Government; and
"(12) promoting fair dealing and equitable relationships among
the parties in Government contracting.".
Sec. 3 Section 4 of the Act (41 U.S.C. 404) // 41 USC 403. // is
amended by inserting "(a)" immediately after " Sec. 4." and by inserting
at the end of such section the following new subsection:
"(b) As used in this Act, the term 'procurement' includes all stages
of the acquisition process, beginning with the process for determining a
need for property and services through to the Federal Government's
disposition of such property and services.".
Sec. 4. (a) Section 6(a) of the Act (41 U.S.C. 405(a)) is amended to
read as follows:
" Sec. 6. (a) The Administrator shall provide overall leadership in
the development and implementation of procurement policies and the
coordination of programs to improve the quality and performance of
procurement personnel. The Administrator shall develop for submission
under section 8(a) // 41 usc 407. // a uniform procurement system which
shall, to the extent he considers appropriate and with due regard to the
program activities of the executive agencies, include uniform policies,
regulations, procedures, and forms to be followed by executive
agencies--,
"(1) in the procurement of--,
"(2) in providing for procurement by recipients of Federal
grants or assistance of items specified in clauses (1)(A), (1)(
B), and (1)(C) of this subsection, to the extent required for
performance of Federal grant or assistance programs.".
(b) Section 6(c) of the Act (41 U.S.C. 405(c)) is amended to read as
follows:
"(c) The Administrator shall develop and propose a central management
system consisting of the Office of Management and Budget, the General
Services Administration, and procurement offices in executive agencies
to implement and enforce the uniform procurement system described in
subsection (a) of this section.".
(c) Section 6(d) of the Act (41 U.S.C. 405(d)) is amended to read as
follows:
"(d) The functions of the Administrator shall include--,
"(1) reviewing the recommendations of the Commission on
Government Procurement to determine those recommendations that
should be completed, amended, or rejected, and to propose the
priority and schedules for completing the remaining
recommendations;
"(2) developing a system of simplified and uniform procurement
policies, regulations, procedures, and forms;
"(3) establishing criteria and procedures for an effective and
timely method of soliciting the viewpoints of interested parties
in the development of procurement policies, regulations,
procedures, and forms;
"(4) promoting and conducting research in procurement policies,
regulations, procedures, and forms, through the Federal
Acquisition Institute, which shall be located within the Office
and directed by the Administrator;
"(5) establish, through the Federal Procurement Data Center,
which shall be located in the General Services Administration and
acting as executive agent for the Administrator, a computer-based
information system for collecting, developing, and disseminating
procurement data which takes into account the needs of the
Congress, the executive branch, and the private sector;
"(6) recommending and promoting, through the Federal
Acquisition Institute, programs of the Office of Personnel
Management and executive agencies for recruitment, training,
career development, and performance evaluation of procurement
personnel;
"(7) developing, for inclusion in the uniform procurement
system to be submitted under section 8(a),
// 41 USC 407. //
standard contracts and contract language in order to reduce the
Government's cost of procuring goods and services as well as the
private sector's cost of doing business with the Government; and
"(8) providing leadership and coordination in the formulation
of executive branch positions on legislation relating to
procurement.".
(d) Section 6(e) of the Act (41 U.S.C. 405(e)) is amended to read as
follows:
"(e) In the development and implementation of the uniform procurement
system the Administrator shall consult with the executive agencies
affected, including the Small Business Administration and other
executive agencies promulgating policies, regulations, procedures and
forms affecting procurement. To the extent feasible, the Administrator
may designate an executive agency or agencies, establish interagency
committees, or otherwise use agency representatives or personnel to
solicit the views and the agreement, so far as possible, of executive
agencies affected on significant changes in policies, regulations,
procedures and forms.".
(e) Section 6 of the Act (41 U.S.C. 405) is further amended by
inserting at the end thereof the following new subsections:
"(h)(1) Until the effective date of legislation implementing a
uniform procurement system, the Administrator may, with the concurrence
of the Director of the Office of Management and Budget, issue policy
directives, in accordance with existing law, for the purpose of
promoting the development and implementation of the uniform procurement
system or for the purpose of promoting the policies set forth in
paragraphs (1) through (8) of section 2 of this Act. Such policy
directives shall be followed by executive agencies.
"(2) Any policy directives issued pursuant to paragraph (1) may
require executive agencies to issue implementing regulations which shall
be in accord with the criteria and standards set forth in such policy
directives.
"(i) Until the effective date of legislation implementing a uniform
procurement system, the Director of the Office of Management and Budget
shall deny or rescind the promulgation of any final rule or regulation
of any executive agency relating to procurement if the Director
determines that such rule or regulation is inconsistent with the
policies set forth in paragraphs (1) through (8) of section 2 of this
Act or is inconsistent with any policy directives issued pursuant to
subsection (h).
"(j) Nothing in this Act shall be construed--,
"(1) to impair or affect the authorities or responsibilities
conferred by the Federal Property and Administrative Services Act
of 1949
// 40 USC 471 //
with respect to the procurement of automatic data processing and
telecommunications equipment and services or of real property; or
"(2) to limit the current authorities and responsibilities of
the Director of the Office of Management and Budget.".
Sec. 5. (a) Section 8(a) of the Act (41 U.S.C. 407(a)) is amended to
read as follows:
" Sec. 8. (a)(1) The Administrator shall keep the Congress and its
duly authorized committees fully and currently informed of the major
activities of the Office of Federal Procurement Policy, and shall submit
a report thereon to the House of Representatives and the Senate annually
and at such other time as may be necessary for this purpose.
"(2) At the earliest practicable date, but in no event later than one
year after the date of enactment of the Office of Federal Procurement
Policy Act Amendments of 1979, the Administrator shall transmit to the
House of Representatives and the Senate his proposal for a uniform
procurement system. Such proposal shall include a full description of
the proposed system, projected costs and benefits of the system as
proposed, and short- and long-term plans for implementation of the
system, including schedules for implementation. At the same time, the
Administrator shall transmit a report on the recommendations of the
Commission on Government Procurement specified in section 6(d)( 1) of
this Act.
"(3) At the earliest practicable date, but in no event later than one
year after presentation of the proposal described in paragraph (2) of
this subsection, the Administrator shall propose to the House of
Representatives and the Senate recommended changes in legislation
relating to procurement by executive agencies. If the Administrator
deems it necessary, these recommendations shall include a proposal for a
consolidated statutory base for procurement by executive agencies.
"(4) At the earliest practicable date, but in no event later than the
submission of the legislative recommendations described in paragraph (3)
of this subsection, the Administrator shall present a proposal for a
management system described in section 6(c) to implement and enforce the
uniform procurement system.".
(b) Section 8 of the Act (41 U.S.C. 407) is further amended--,
(1) by striking out "any major policy or regulation prescribed
under section 6(a)" in subsection (b)
// 41 USC 405. //
and inserting in lieu thereof "any policy prescribed under section
6(h)";
(2) by striking "or regulation" each place it appears in such
subsection; and
(3) by striking out "any major policy or regulation" in
subsection (c) and inserting in lieu thereof "any policy".
Sec. 6. Section 10 of the Act (41 U.S.C. 409) is amended to read as
follows:
" Sec. 10. Procurement policies, regulations, procedures, or forms
in effect as of the date of enactment of the Office of Federal
Procurement Policy Act Amendments of 1979 shall continue in effect, as
modified from time to time by the issuing offices on their own
initiative or in response to policy directives issued under section 6(
h) until repealed, amended, or superseded pursuant to the adoption of
the uniform procurement system described in section 6 of this Act.". //
41 USC 405. //
Sec. 7. Section 11 of the Act (41 U.S.C. 410) is amended--,
(1) by striking out the first sentence and inserting in lieu
thereof the following: " There are authorized to be appropriated
to carry out the provisions of this Act, and for no other purpose,
$4,000,000 for the fiscal year ending September 30, 1980, and for
each of the three succeeding fiscal years; and one-third of the
funds appropriated for any such fiscal year shall be made
available to the Federal Acquisition Institute for the performance
of its functions under this Act."; and
(2) by striking out " Government Operations" in the second
sentence and inserting in lieu thereof " Governmental Affairs".
Sec. 8. Section 12(a) of the Act (41 U.S.C. 411(a)) is amended by
striking out "direction of Federal procurement policy and to prescribe
policies and regulations to carry out that policy" and by inserting in
lieu thereof "leadership in the development of Federal procurement
policy".
Sec. 9. Section 14(b) of the Act (41 U.S.C. 412(b)) is amended by
striking out "establishing" and inserting in lieu thereof "developing".
Sec. 10. (a) Sections 201(a)(1), 201(c), and 206(a)(4) of the
Federal Property and Administrative Services Act of 1949 (40 U.S.C.
481(a)(1), 481(c), 487(a)(4)) are each amended by striking out "subject
to regulations" and inserting in lieu thereof "subject to policy
directives".
(b) Section 602(c) of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 474(c)) is amended by striking out
"except as otherwise provided by the Office of Federal Procurement
Policy Act. // 41 USC 401 // and".
Sec. 11. The provisions of the Act // 41 USC 405a // as amended by
this Act shall supersede the provisions of section 222 of the Act of
October 24, 1978, entitled " An Act to amend the Small Business Act and
the Small Business Investment Act of 1958" (41 U.S.C. 405a) // 92 Stat.
1771. // to the extent they are inconsistent therewith.
Sec. 12. Except to the extent otherwise provided therein, the
amendments made by this Act // 41 USC 401 // shall take effect on
October 1, 1979.
Approved October 10, 1979.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 178 accompanying H.R. 3763 (Comm. on Government
Operations).
SENATE REPORT No. 96 - 144 (Comm. on Governmental Affairs).
CONGRESSIONAL RECORD, Vol. 125 (1979):
May 21, considered and passed Senate.
Sept. 10, H.R. 3763 considered and passed House; passage
vacated and S. 756, amended, passed in lieu.
Sept. 27, Senate concurred in House amendments with amendments.
Sept. 28, House agreed to Senate amendments.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 15, No. 41:
Oct. 10, Presidential statement.
PUBLIC LAW 96-82, 93 STAT, 643, FEDERAL MAGISTRATE ACT OF 1979,
civil and criminal jurisdiction
of United States magistrates, 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 // 28 USC
631 // may be cited as the " Federal Magistrate Act of 1979".
Sec. 2. Section 636 of title 28, United States Code, is amended--,
(1) by redesignating subsections (c) through (f) thereof as
subsections (d) through (g), respectively; and
(2) by inserting immediately after subsection (b) thereof the
following new subsection:
"(c) Notwithstanding any provision of law to the contrary--,
"(1) Upon the consent of the parties, a full-time United States
magistrate or a part-time United States magistrate who serves as a
full-time judicial officer may conduct any or all proceedings in a
jury or nonjury civil matter and order the entry of judgment in
the case, when specially designated to exercise such jurisdiction
by the district court or courts he serves. Upon the consent of the
other part-time magistrate may exercise such jurisdiction, if such
magistrate meets the bar membership requirements set forth in
section 631(b)(1)
// 28 USC 631. //
and the chief judge of the district court certifies that a
full-time magistrate is not reasonably available in accordance
with guidelines established by the judicial council of the
circuit. When there is more than one judge of a district court,
designation under this paragraph shall be by the concurrence of a
majority of all the judges of such district court, and when there
is no such concurrence, then by the chief judge.
"(2) If a magistrate is designated to exercise civil
jurisdiction under paragraph (1) of this subsection, the clerk of
court shall, at the time the action is filed, notify the parties
of their right to consent to the exercise of such jurisdiction.
The decision of the parties shall be communicated to the clerk of
court. Thereafter, neither the district judge nor the magistrate
shall attempt to persuade or induce any party to consent to
reference of any civil matter to a magistrate. Rules of court for
the reference of civil matters to magistrates shall include
procedures to protect the voluntariness of the parties' consent.
"(3) Upon entry of judgment in any case referred under
paragraph (1) of this subsection, an aggrieved party may appeal
directly t the appropriate United States court of appeals from the
judgment of the magistrate in the same manner as an appeal from
any other judgment of a district court. In this circumstance, the
consent of the parties allows a magistrate designated to exercise
civil jurisdiction under paragraph (1) of this subsection to
direct the entry of a judgment of the district court in accordance
with the Federal Rules of Civil Procedure. Nothing in this
paragraph shall be construed as a limitation of any party's right
to seek review by the Supreme Court of the United States.
"(4) Notwithstanding the provisions of paragraph (3) of this
subsection, at the time of reference to a magistrate, the parties
may further consent to appeal on the record to a judge of the
district court in the same manner as on an appeal from a judgment
of the district court to a court of appeals. Wherever possible
the local rules of the district court and the rules promulgated by
the conference shall endeavor to make such appeal expeditious and
inexpensive. The district court may affirm, reverse, modify, or
remand the magistrate's judgment.
"(5) Cases in the district courts under paragraph (4) of this
subsection may be reviewed by the appropriate United States court
of appeals upon petition for leave to appeal by a party stating
specific objections to the judgment. Nothing in this paragraph
shall be construed to be a limitation on any party's right to seek
review by the Supreme Court of the United States.
"(6) The court may, for good cause shown on its own motion, or
under extraordinary circumstances shown by any party, vacate a
reference of a civil matter to a magistrate under this subsection.
"(7) The magistrate shall determine, taking into account the
complexity of the particular matter referred to the magistrate,
whether the record in the proceeding shall be taken, pursuant to
section 753 of this title,
// 28 USC 753. //
by electronic sound recording means, by a court reporter appointed
or employed by the court to take a verbatim record by shorthand or
by mechanical means, or by an employee of the court designated by
the court to take such a verbatim record. Notwithstanding the
magistrate's determination, (A) the proceeding shall be taken down
by a court reporter if any party so requests, (B) the proceeding
shall be recorded by a means other than a court reporter if all
parties so agree, and (C) no record of the proceeding shall be
made if all parties so agree. Reporters referred to in this
paragraph may be transferred for temporary service in any district
court of the judicial circuit for reporting proceedings under this
subsection, or for other reporting duties in such court.".
Sec. 3. (a) Section 631(a) of title 28, United States Code, is
amended by striking out the last sentence and inserting in lieu thereof
the following: " Where the conference deems it desirable, a magistrate
may be designated to serve in one or more districts adjoining the
district for which he is appointed. Such a designation shall be made by
the concurrence of majority of the judges of each of the district courts
involved and shall specify the duties to be performed by the magistrate
in the adjoining district or districts.".
(b) Section 631(b) of title 28, United States Code, is amended--,
(1) by inserting "reappointed to" immediately after "appointed
or";
(2) in paragraph (1), by inserting ", and has been for at least
5 years," immediately after " He is"; and
(3) in paragraph (1), by inserting "or" at the end of
subparagraph (A), by striking out "or" at the end of subparagraph
(B), and by striking out subparagraph (C).
(c) Section 631(b) of title 28, United States Code, is amended--,
(1) by striking out the period at the end of paragraph (4) and
inserting in lieu thereof ";and"; and
(2) by adding at the end thereof the following new paragraph:
"(5) He is selected pursuant to standards and procedures
promulgated by the Judicial Conference of the United States. Such
standards and procedures shall contain provision for public notice
of all vacancies in magistrate positions and for the establishment
by the district courts of merit selection panels, composed of
residents of the individual judicial districts, to assist the
courts in identifying and recommending persons who are best
qualified to fill such positions.".
(d) Section 631 of title 28, United States Code, is amended--,
(1) by redesignating subsections (f) through (j) thereof as
subsections (g) through (k), respectively; and
(2) by inserting immediately after subsection (e) thereof the
following new subsection:
"(f) Upon the expiration of his term, a magistrate may, by a majority
vote of the judges of the appointing district court or courts and with
the approval of the judicial council of the circuit, continue to perform
the duties of his office until his successor is appointed, or for 60
days after the date of the expiration of the magistrate's term,
whichever is earlier.".
(e) The merit selection panels established under section 631(b)(5) of
title 28, United States Code, // 28 USC 631 // in recommending persons
to the district court, shall give due consideration to all qualified
individuals, especially such groups as women, blacks, Hispanics, and
other minorities.
(f) Magistrates serving prior to the promulgation of magistrate
selection standards and procedures by the Judicial Conference of the
United States may only exercise the jurisdiction conferred under the
amendment made by section 2 of this Act after having been reappointed
under such standards and procedures or after having been certified as
qualified to exercise such jurisdiction by the judicial council of the
circuit in which the magistrate serves.
(g) The amendment made by subsection (c) of this section // 28 USC
631 // shall not take effect until 30 days after the meeting of the
Judicial Conference of the United States next following the effective
date of this Act.
Sec. 4. Section 633(c) of title 28, United States Code, is amended
by striking out the final sentence.
Sec. 5. Section 604(d)(3) of title 28, United States Code, is
amended by inserting immediately before the semicolon the following: ",
including (A) the number of matters in which the parties consented to
the exercise of jurisdiction by a magistrate, (B) the number of appeals
taken pursuant to the decisions of magistrates and the disposition of
such appeals, and (C) the professional background and qualifications of
individuals appointed under section 631 of this title // 28 USC 631. //
to serve as magistrate".
Sec. 6. Section 1915(b) of title 28, United States Code, is amended
to read as follows:
"(b) Upon the filing of an affidavit in accordance with subsection
(a) of this section, the court may direct payment by the United States
of the expenses of (1) printing the record on appeal in any civil or
criminal case, if such printing is required by the appellate court; (2)
preparing a transcript of proceedings before a United States magistrate
in any civil or criminal case, if such transcript is required by the
district court, in the case of proceedings conducted under section 636(
b) of this title or under section 3401(b) of title 18, United States
Code; // 28 USC 636. // and (3) printing the record on appeal if such
printing is required by the appellate court, in the case of proceedings
conducted pursuant to section 636(c) of this title. Such expenses shall
be paid when authorized by the Director of the Administrative Office of
the United States Courts.".
Sec. 7. (a) Section 3401 of title 18, United States Code, is
amended--,
(1) by amending subsection (a) to read as follows:
"(a) When specially designated to exercise such jurisdiction by the
district court or courts he serves, any United States magistrate shall
have jurisdiction to try persons accused of, and sentence persons
convicted of, misdemeanors committed within that judicial district.";
(2) by amending subsection (b) to read as follows:
"(b) Any person charged with a misdemeanor may elect, however, to be
tried before a judge of the district court for the district in which the
offense was committed. The magistrate shall carefully explain to the
defendant that he has a right to trial, judgment, and sentencing by a
judge of the district court and that he may have a right t trial by jury
before a district judge or magistrate. The magistrate shall not proceed
to try the case unless the defendant, after such explanation, files a
written consent to be tried before the magistrate that specifically
waives trial, judgment, and sentencing by a judge of the district
court.";
(3) by amending subsection (f) to read as follows:
"(f) The district court may order that proceedings in any misdemeanor
case be conducted before a district judge rather than a United States
magistrate upon the court's own motion or, for good cause shown, upon
petition by the attorney for the Government. Such petition should note
the novelty, importance, or complexity of the case, or other pertinent
factors, and be filed in accordance with regulations promulgated by the
Attorney General."; and
(4) by adding at the end thereof the following new subsections:
"(g) The magistrate may, in a case involving a youth offender in
which consent to trial before a magistrate has been filed under
subsection (b) of this section, impose sentence and exercise the other
powers granted to the district court under chapter 402 and section 4216
of this title, // 18 USC 5005 // except that--,
"(1) the magistrate may not sentence the youth offender to the
custody of the Attorney General pursuant to such chapter for a
period in excess of 1 year for conviction of a misdemeanor or 6
months for conviction of a petty offense;
"(2) such youth offender shall be released conditionally under
supervision no later than 3 months before the expiration of the
term imposed by the magistrate, and shall be discharged
unconditionally on or before the expiration of the maximum
sentence imposed; and
"(3) the magistrate may not suspend the imposition of sentence
and place the youth offender on probation for a period in excess
of 1 year for conviction of a misdemeanor or 6 months for
conviction of a petty offense.
"(h) The magistrate may, in a petty offense case involving a juvenile
in which consent to trial before a magistrate has been filed under
subsection (b) of this section, exercise all powers granted to the
district court under chapter 403 of this title. // 18 USC 5031 // For
purposes of this subsection, proceedings under chapter 403 of this title
may be instituted against a juvenile by a violation notice or complaint,
except that no such case may proceed unless the certification referred
to in section 5032 of this title // 18 USC 5032. // has been filed in
open court at the arraignment. No term of imprisonment shall be imposed
by the magistrate in any such case.".
(b) The heading for section 3401 of title 18, United States Code, is
amended by striking out " Minor offenses" and inserting in lieu thereof
" Misdemeanors".
(c) The item relating to section 3401 in the table of sections of
chapter 219 of title 18, United States Code, is amended by striking out
" Minor offenses" and inserting in lieu thereof " Misdemeanors".
Sec. 8. (a) The first sentence of section 635(a) of title 28, United
States Code, is amended by inserting after "including" the following:
"the compensation of such legal assistants as the Judicial Conference,
on the basis of the recommendations of the judicial councils of the
circuits, considers necessary, and".
(b) The first sentence of section 634(c) of title 28, United States
Code, is amended by striking out "clerical" and inserting in lieu
thereof "legal, clerical,".
Sec. 9. The Judicial Conference of the United States shall undertake
a study, to begin within 90 days after the effective date of this Act //
28 USC 631 // and to be completed and made available to Congress within
24 months thereafter, concerning the future of the magistrate system,
the precise scope of such study to be recommended by the Chairmen of the
Judiciary Committees of each House of Congress.
Sec. 10. Such sums as may be necessary to carry out the purposes of
this Act // 28 USC 631 // are hereby authorized to be appropriated for
expenditure on or after October 1, 1979.
Approved October 10, 1979.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 96 - 287 accompanying H.R. 1046 (Comm. on the
Judiciary) and No. 96 - 444 (Comm. of Conference).
SENATE REPORTS: No. 96 - 74 (Comm. on the Judiciary) and No. 96 -
322 (Comm. of Conference).
CONGRESSIONAL RECORD, Vol. 125 (1979):
May 2, considered and passed Senate.
June 25, 26, H.R. 1046 considered and passed House; passage
vacated and S. 237, amended, passed in lieu.
Sept. 20, Senate agreed to conference report.
Sept. 28, House agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 15, No. 41:
Oct. 10, Presidential statement.
PUBLIC LAW 96-81, 93 STAT, 642
appropriations for the United
States Commission on Civil Rights for fiscal
year 1980.
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 " Civil Rights Commission Authorization Act of 1979".
Sec. 2. Section 104 of the Civil Rights Act of 1957 (42 U.S.C.
1975c) // 42 USC 1975 // is amended by inserting at the end the
following:
"(g) The Commission shall continue to appraise the laws and policies
of the Federal Government with respect to denials of equal protection of
the laws under the Constitution involving Americans who are members of
eastern- and southern-European ethnic groups and shall report its
findings to the Congress. Such report shall include an an analysis of
the adverse consequences of affirmative action programs encouraged by
the Federal Government upon the equal opportunity rights of these
Americans."
Sec. 3. Section 106 of the Civil Rights Act of 1957 (42 U.S.C.
1975e) is amended to read as follows:
" Sec. 106. There are authorized to be appropriated not to exceed
$14,000,000 to carry out the provisions of this Act for the fiscal year
ending September 30, 1980.".
Approved October 6, 1979.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 109 accompanying H.R. 2641 (Comm. on the
Judiciary).
SENATE REPORT No. 96 - 167 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 125 (1979):
June 7, considered and passed Senate.
June 8, H.R. 2641 considered and passed House; proceedings
vacated and S. 721, amended, passed in lieu.
Sept. 25, Senate concurred in House amendment with an amendment
and disagreed with another.
Sept. 27, House concurred in Senate amendment and receded from
its amendment.
PUBLIC LAW 96-80, 93 STAT, 641
States to issue a proclamation
designating the seven calendar days beginning
October 7, 1979, as " National
Port Week".
Whereas United States coastal and inland ports make a direct and
significant contribution to our national economic well-being; and
Whereas much of the history of the United States has been shaped by
its ports and interconnecting inland waterways and greatly influenced
the growth of various communities; and
Whereas ports, in serving United States waterborne commerce, generate
significant employment and direct dollar income to the local and
regional economies they serve, as well as have major impact on
employment and production in areas far distant from their location; and
Whereas United States ports provide a wide variety of services and
activities essentialto the smooth and efficient conduct of foreign trade
and have a direct impact on our balance of payments; and
Whereas American ports are a vital asset in maintaining a strong
posture in national security: 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 seven-day period beginning October 7, 1979, as "
National Port Week" and to invite the Governors of the several States,
the chief officials of local governments, and the people of the United
States to observe such week with appropriate ceremonies and activities.
Approved October 6, 1979.
LEGISLATIVE HISTORY:
CONGRESSIONAL RECORD, Vol. 125 (1979):
Sept. 20, considered and passed House.
Oct. 2 considered and passed Senate.
PUBLIC LAW 96-79, 93 STAT, 592, HEALTH PLANNING AND RESOURCES
DEVELOPMENT AMENDMENTS OF 1979.
Service Act to revise and extend
the authorities and requirements under those titles for
health planning and
health resources develop for purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
ACT; AND TABLE
OF CONTENTS
Section 1. (a) This Act // 42 USC 201 // may be cited as the "
Health Planning and Resources Development Amendments of 1979".
(b) Whenever in this Act (other than in subsections (j) and (k) of
section 115 and in section 128) an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Public Health Service Act. // 42 USC 201 //
Sec. 1. Short title; references to Public Health Service Act; and
table of contents.
Sec. 101. Revision and reporting on national guidelines for health
planning.
Sec. 102. National health priorities; National Council on Health
Planning and Development.
Sec. 103. The role of competition in the allocation of health
services.
Sec. 104. Designation of health service areas.
Sec. 105. Designation of health systems agencies.
Sec. 106. Planning grants.
Sec. 107. Carryover of grant funds.
Sec. 108. Membership requirements.
Sec. 109. Governing body selection.
Sec. 110. Responsibilities of governing bodies.
Sec. 111. Meetings and records.
Sec. 112. Support and reimbursxement for members of governing
bodies.
Sect. 113. Conflicts of interest.
Sec. 114. Staff expertise.
Sec. 115. Health plan requirements.
Sec. 116. Criteria and procedures for reviews.
Sec. 117. Certificate of need programs.
Sec. 118. Appropriateness review.
Sec. 119. Review and approval of proposed uses of Federal funds.
Sec. 120. Coordination of health planning with rate review.
Sec. 121. Coordination within standard metropolitan statistical
areas and with other entities.
Sec. 122. Collection and publication of hospital charges.
Sec. 123. State health planning and development agencies.
Sec. 124. Statewide Health Coordinating Council composition.
Sec. 125. Centers for health planning.
Sec. 126. Definitions.
Sec. 127. Authorizations.
Sec. 128. Technical amendment.
Sec. 129. Effective date.
RESOURCES
DEVELOPMENT
Sec. 201. Rfevision and extension of assistance.
Sec. 202. Conforming amendments.
Sec. 203. Technical amendments.
Sec. 204. Effective date.
DISCONTINUANCE
OF UNNEEDED HOSPITAL SERVICES
Sec. 301. Authorization of program.
Sec. 302. Study.
HEALTH
PLANNING
Sec. 101. (a)(1)(A) Section 1501 // 42 USC 300k-1. // is amended (i)
by striking out "and shall, as he deems appropriate, by regulation
revise such guidelines" in subsection (a), and (ii) by adding after
subsection (c) the following:
"(d) The Secretary shall, on an annual basis, review the standards
and goals included in the guidelines issued under subsection (a). In
conducting such a review, the Secretary shall review the health systems
plans and annual implementation plans of health systems agencies and
State health plans. If the Secretary proposes to revise a guideline
issued under subsection (a), he shall make such revision by regulations
promulgated in accordance with section 553 of title 5, United States
Code.
"(e)(1) The Secretary may collect data to determine whether the
health care delivery systems meet or are changing to meet the goals
included in health systems plans under section 1513(b)(2) // 42 USC
3000l-2. // and State health plans under section 1524 // 42 USC 300m-3.
// and too determine the personnel, facilities, and other resources
needed to meet such goals. The Secretary shall prescribe (A) the manner
in which such data shall be assembled and reported to the Secretary by
health systems agencies, State health planning and development agencies,
and other entities, and (B) the definitions which shall be used by such
agencies and entities in assembling and reporting such data.
"(2) The Secretary shall from the data collected under paragraph (1)
periodically make public a (A) statement of the relationship between the
goals contained in the health systems plans and the State health plans
and the status of the supply, distribution, and organization of health
resources with respect to which such goals were established, and (B)
summary of changes (either through additions or reductions) in resources
needed to meet such goals.".
(B) The amendments made by subparagraph (A) // 42 USC 300k-1 // do
not authorize the enactment of new budget authority before October 1,
1979.
(2) Subsection (b)(1) of section 1501 // 42 USC 300k-1. // is
amended by adding at the end thereof the following: " Such standards
shall reflect the unique circumstances and needs of medically
underserved populations in isolated rural communities.".
(3) Subsection (c) of section 1501 is amended by striking out " In
issuing guidelines under subsection (a) the Secretary shall" and
inserting in lieu thereof " At least 45 days before the initial
publication of a regulation proposing a guideline under subsection (a)
or a revision under subsection (d) of such a guideline, the Secretary
shall, with respect to such proposed guideline or revision,".
(b)(1) Section 1513(b)(1) // 42 USC 300l-2. // is amended by adding
after and below subparagraph (F) the following: " The agency shall also
assemble and report to the Secretary such data (including data on the
personnel, facilities, and other resources needed to meet the goals set
forth in the agency's health system plan) as the Secretary may require
to carry out his responsibilities under section 1501(e). The Secretary
may not require the assembling and reporting of data under this
paragraph which is regularly collected by any entity of the Department
of Health, Education, and Welfare under a provision of law other than
this title.".
(2) Section 1522(b)(10) // 42 USC 300m-1. // is amended by inserting
after "require the State agency to" the following: "(A) assemble and
report to the Secretary data (other than data which is regularly
collected by any entity of the Department of Health, Education, and
Welfare under a provision of law other than this title) which the
Secretary may require to carry out his responsibilities under section
1501(e), including data on the personnel, facilities, and other
resources needed to meet the goals set forth in the State health plan,
and (B)".
HEALTH
PLANNING AND DEVELOPMENT
Sec. 1029 (a)71) Section 1502 // 42 USC 300k-2. // is amended by
adding at the end the following:
"(12) The identification and discontinuance of duplicative or
unneeded services and facilities.
"(13) The adoption of policies which will (A) contain the
rapidly rising costs of health care delivery, (B) insure more
appropriate use of health care services, and (C) promote greater
efficiency in the health care delivery system.
"(14) The elimination of inappropriate placement in
institutions of persons with mental health problems and the
improvement of the quality oif care provided those with mental
health problems for whom institutional care is appropriate.
"(15) Assurance of access to community mental health centers
and other mental health care providers for needed mental heealth
services to emphasize the provision of outpatient as a preferable
alternative to inpatient mental health services.
"(16) The promotion of those health services which are provided
in a manner cognizant of the emotional and psychological
components of the prevention and treatment of illness and the
maintenance of health.".
(2) Section 1502(9) is amended by inserting before the period the
following: "and the development and use of cost saving technology".
(b) Section 1503(b)(1) // 42 USC 300k-3 // is amended (1) by striking
out "fifteen" and inserting in lieu thereof "twenty"; (2) by inserting
"the Assistant Secretary for Rural Development of the Department of
Agriculture," after " Defense,", (3) by striking out "not less than five
shall bep persons who are not providers of health services" and
inserting in lieu thereof "not less than eight members shall be persons
who are not providers of health care and those members shall include
individuals who represent urban and rural medically underserved
populations"; and (4) by inserting "not less than one member shall
represent hospitals," after " Federal Government.".
HEALTH SERVICES
Sec. 103. (a) Section 1502(a) is amended by adding after paragraph
(16) (added by section 102(a)) the following new paragraph:
"(17) The strengthening of competitive forces in the health
services industry wherever competition and consumer choice can
constructively serve, in accordance with subsection (b), to
advance the purposes of quality assurance, cost effectiveness, and
access.".
(b) Section 1502 // 42 USC 300k-2. // is amended (1) by inserting
"(a)" after "1502.", and (2) by adding at the end the following: "(b)(
1) The Congress finds that the effect of competition on decisions of
providers respecting the supply of health services and facilities is
diminished. The primary source of the lessening of such effect is the
prevailing methods of paying for health services by public and private
health insurers, particularly for inpatient health services and other
institutional health services. As a result, there is duplication and
excess supply of certain health services and facilities, particularly in
the case of inpating health services.
"(2) For health services, such as inpatient health services and other
institutional health services, for which competition does not or will
not appropriately allocatge supply consistent with health systems plans
and State health plans, health systems agencies and State health
planning and development agencies should in the exercise of their
functions under this title take actions (where appropriate to advance
the purposes of quality assurance, cost effectiveness, and access and
the other purposes of this title) to allocate the supply of such
services.
"(3) For the health services for which competition appropriately
allocates supply consistent with health systems plans and State health
plans, health systems agencies and State health planning and development
agencies should in the performance of their functions under this title
give priority (where appropriate to advance the purposes of quality
assurance, cost effectiveness, and access) to actions which would
strengthen the effect of competition on the supply of such services.".
(c) Section 1513(a) // 42 USC 300l-2. // is amended (1) by striking
out "and" at the end of paragraph (3), (2) by inserting "and" at the end
of paragraph (4), and (3) by adding after paragraph (4) the following:
"(5) preserving and improving, in accordance with section
1502(b), competition in the health service area,".
(d) Section 1532(c) // 42 USC 300n-1. // is amended by adding at the
end the following:
"(11) In accordance with section 1502(b), the factors which
affect the effect of competition on the supply of the health
services being reviewed.
"(12) Imporvements or innovations in the financing and delivery
of health services which foster competition, in accordance with
section 1502(b), and serve to promote quality assurance and cost
effectioveness.".
Sec. 104. (a)(1) Section 1511(b)(4) // 42 USC 300l. // is amended
to read as follows:
"(4) The Secretary shall review on his own initiative or at the
request of any Governor or designated health systems agency the
appropriateness of the boundaries of the health serviceareas established
under paragraph (3) and, if he determines that--,
"(A) the boundaries for a health service area no longer meet
the requirements of subsection (a), or
"(B) the boundaries for a proposed revised health service area
meet the requirements of subsection (a) in a significantly more
appropriate manner in terms of the efficiency and effectiveness of
health planning efforts,
he shall revise the boundaries in accordance with the procedures
prescribed by paragraph (3)(B)(ii). If the Secretary acts on his own
initiative to revise the boundaries of any health service area, he shall
consult with the Governor of the State of States which would be affected
by the revision, the chief executive officer oragency of the political
subdivisions within such State or States, and the designated health
systems agencyh or agencies and the established Statewide Health
Coordinating Council or Councils that would be affected by the revision.
A Governor may request a revision of the boundaris of a health service
area only after consultation with the Governor of any other State or
States that would be affected by the revision, the chief executive
officer or agency of the political subdivisions within such State or
States, and the designated health systems agencies and the established
Statewide Health Coordinating Council or Councils that would be affected
by the revision and shall include in such request the comments
concerning the proposed revision made by such individuals and entities.
A designated health systems agency may request a revision of the
boundaries of its health service area only after consultation with the
Governor of the State or States that would be affected by the revision,
the chief executive officer or agency of the political subdivisions
within such State or States, the Statewide Health Coordinating Council
of such State or States, and the health systems agencies that would be
affected by the revision and shall include in such request the comments
concerning the proposed revision made by such individuals and entities.
No proposed revision of the boundaries of a health service area shall
comprise an entire State without the prior consent of the Governor of
such State. In addition, for each proposed revision of the boundaries
of a health service area, the Secretary shall give notice and an
opportunity for a hearing to all interested persons and make a written
determination of his findings and decision.".
(2) Not later than one year after the date of the enactment of this
Act the Secretary shall be regulation prescribe criteria for the
revision of health service area boundaries under section 1511(b)(4) of
the Public Health Service Act // 42 USC 300l // (as amended by paragraph
(1)).
(b) Section 1511(c) // 42 USC 300l. // is repealed.
(c)(1) Section 1536(a) // 42 USC 300n-5. // is amended by inserting
"the Commonwealth of Puerto Rico," before "the Virgin Islands".
(2) Section 1531(1) // 42 USC 300n // is amended by striking out "and
the Commonwealth of Puerto Rico".
DESIGNATION OF RHEALTH SYSTEMS AGENCIES
Sec. 105. (a) Section 1515(b)(4) // 42 USC 300l-4. // is amended by
striking out the last sentence and inserting in lieu thereof: " In
considering such applications, the Secretary shall give priority to any
application which has been recommened by a Governor or a Statewide
Health Coordinating Council for approval. When the Secretary enters
into an agreement with an entity under paragraph (1), the Secretary
shall notify the Governor of the State in which such entity is located
of such agreement.".
(b) The last sentence of section 1515(c)(2) is amended to read as
follows: " In considering such applications, the Secretary shall give
priority to any application which has been recommended by a Governor or
a Statewide Health Coordinating Council for approval.".
(c) Section 1515(c) is amended by adding after paragraph (3) the
following:
"(4) Before renewing an agreement with a health systems agency under
this subsection, the Secretary shall provide the State health planning
an development agency of the State in which the health systems agency is
located an opportunity to comment on the performance of such agency and
to provide a recommendation whether such agreement should be renewed and
whether the agency should be returned to a conditional status as
authorized by paragraph (3).
"( 5) If the Secretary enters into an agreement under this subsection
with an entity or renews such an agreement, the Secretary shall notify
the Governor of the State in which such entity is located of the
agreement, and any renewal of the agreement.".
(d)(1)(A) Paragraphs (1) and (3) of section 1515(c) // 42 USC 300l-4.
// are each amended by striking out "twelve months" and inserting in
lieu thereof "thirty-six months".
(B) The amendments made by subparagraph (A) // 42 USC 300l-4 // shall
trake effect with respect to designation agreements entered into under
section 1515(c) of the Public Health Service Act after the date of the
enactment of this Act.
(2) Section 1515(c)(1) is amended--,
(A) by inserting "(A)" after "(c)(1)",
(B) by redesignating subparagraphs (A) and (B) as clauses (i)
and (ii), respectively,
(C) by amending clause (ii) (as so redesignated) to read as
follows:
"(ii) by the Secretary if the Secretary determines, in
accordance with subparagraph (B), that the entity is not complying
with the provisions of such agreement.", and
(D) b y adding at the end the following:
"(B) Before the Secretary may terminate, under subparagraph (A)(ii),
an agreement with an entity for designation as the health systems agency
for a health service area, the Secretary shall--,
"(i) consult with the Governor and the Statewide Health
Coordinating Council of each State in which is located the health
service area respecting the proposed termination,
"(ii) give the entity notice of the intention to terminate the
agreement and in the notice specify with particularity (I) the
basis for determination of the Secretary that the entity is not in
compliance with the agreement, and ( 2) the actions that the
entity should take to come into compliance with the agreement, and
"(iii) provide the entity with a reasonable opportunity for a
hearing, before an officer or employee of the Department of
Health, Education, and Welfare designated for such purpose, on the
matter specified in the notice.
The Secretary may not terminate such an agreement before consulting with
the National Council on Health Planning and Development respecting the
proposed termination. Before the Secretary may permit the term of an
agreement to expire without renewing the agreement, the Secretary shall
make the consultations prescribed by clause (i) and the preceding
sentence, give the entity with which the agreement was made notice of
the intention not to renew the agreement and the reasons for not
renewing the agreement, and provide, as prescribed by clause (iii), the
entity an opportunity for a hearing on the matter specified in the
notice.".
(e) Section 1515(c) (as amended by subsection (d)) is amended by
adding after clause (ii) of paragraph (1)(A) the following: " A
designation agreement under this subsection may be terminated by the
Secretary before the expiration of its term if the health service area
with respect to which the agreement was entered into is revised under
section 1511(b)(4) and the Secretary determines, after consultation with
the Governor and Statewide Health Coordinating Council of each State in
which the health service area (as revised) is located, that the health
systems agency designated under such agreement cannot effectively carry
out the agreement for the area (as revised). In terminating an agreement
under the preceding sentence, the Secretary may provide that the
termination not take effect before an agreement for the designation of a
new agency takes effect and shall provide the agency designated under
the agreement to be terminated an opportunity to terminate its affairs
in a satisfactory manner.".
(f) Section 1514 // 42 USC 300l-3. // is amended (1) by striking out
"may" and inserting in lieu thereof "shall", and (2) by striking out
"(including entities" through "section 304)".
(g) Section 1515(d) // 42 USC 300l-4. // is amended (1) by inserting
"agreement" after "if a designation", and (2) by inserting "or is not
renewed" after "prescribed for its expiration".
(h) Section 1515(c)(3) is amended (1) by inserting "(A) after "(3)";
(2) by inserting "during the period of the agreement to be renewed"
after "section 1513"; and (3) by adding at the end thereof the
following new subparagraph:
"(B) If upon a review under section 1535 // 42 USC 300n-4. // of the
agency's operation and performance of its functions, the Secretary
determines that it has not fulfilled, in a satisfactory manner, the
functions of a health systems agency prescribed by section 1513 // 42
USC 300l-2. // during the period of the agreement to be renewed or does
not continue to meet the requirements of section 1512(b), // 42 USC
300l-1. // he may terminate such agreement or return such agency to a
conditionally designated status under subsection (b) for a period not to
exceed twelve months. At the end of such period, the Secretary shall
either terminate the agreement with such agency or enter into an
agreement with such agency under paragraph (1). The Secretary may not
terminate an agreement or return an agency to a conditionally designated
status unless the Secretary has--,
"(i) provided the agency with notice of his intent to return it
to a conditional status or terminate the agreement with the agency
and included in that notice specification of any functions which
the Secretary has determined the agency did not satisfactorily
fulfill and of any requirments which the Secretary has determined
the agency has not met;
"(ii) provided the agency with a reasonable opportunity for a
hearing, before an officer or employee of the Department of
Health, education, and Welfare designated for such purpose, on the
action proposed to be taken by the Secretary, and
"(iii) in the case of a proposed termination of an agrreement,
consulted with the National Council on Health Planning and
Development respecting the termination.".
Sec. 106. (a) Section 1516 // 42 USC 300l-5. // is amended by
redesignating subsection (c) as subsection (d) and by striking out
subsection (b) and inserting in lieu thereof the following:
"(b) The amount of any grant under subsection (a) to a health systems
agency designated under section 1515(b) // 42 USC 300l-4 // shall be
determined by the Secretary.
"(c)(1) Except as provided in paragraph (2), the amount of a grant
under subsection (a) to a health systems agency designated under section
1515(c) shall be the greater of the amount determined under subparagraph
(A), (B), or (C) as follows:
"(A) Dthe amount of a grant to a health systems agencyh shall
be the lesser of--,
"(B)(i) If the application of the health systems agency for
such grant states that the agency, in its latest fiscal year
ending before the period in which such grant will be available for
obligation, collected non-Federal funds meeting the requirements
of clause (ii) for the purposes for which such grant may be made,
tghe amount of such grant shall be the sum of--,
(C),
whichever is applicable, and
funds or
$200,000 or the product of $0.25 and the population of
the
health service area for which the agency is designated,
whichever is greater.
"(ii) The non-Federal funds which an agency may use for the
purpose of obtaining a grant under subsection (a) which is
computed on the basis of the formula prescribed by clause (i)
shall be funds which are not paid to the agency for the
performance of particular services by it and which are otherwise
contributed to the agency without conditions as to their use other
than the condition that the funds shall be used for the purposes
for which a grant made under this section may be used.
"(C) The amount of a grant to a health systems agency may not
be less than--,
appropriations
are specifically made aftger October 1, 1979, to
provide
the additional amount authorized by this clause, an
amount
which bears the same ratioi to $50,000 as the number of
days
beginning in the period beginning on October 1, 1979,
and
year
ending September 30, 1980,
year
ending September 30, 1981, and
succeeding
fiscal year.
"(2) If the Secretary determines, after review of the budget of a
health systems agency and after consultation with the State health
planning and development agency of the State in which such agency is
located, that the amount of a grant which is to be made to the agency in
accordance with paragraph (1) is in excess of the amount needed by the
agency to adequately perform its functions under its designation
agreement, the amount of the grant to the agency shall be such amount as
the Secretary determines the agency needs for the performance of such
functions.".
(b) Subsection (d) (as so redesignated) is amended by striking out
paragraph (2) and inserting in lieu thereof the following:
"(2) Of the amount appropriated under paragraph (1) for any fiscal
year, the Secretary may use not more than 5 per centum of such amount to
increase the amount of grants in such fiscal year to health systems
agencies under subsection (a) to assist the agencies in meeting
extraordinary expenses (including extraordinary expenses resulting from
an agency's health service area being located in more than one State or
from an agency serving a large rural or urban medically underserved
population or a geographically large health service area) which would
not be covered under the amount of a grant that would be available to an
agency under subsection (c) and in improving their performance as a
result of the development and implementation of innovative health
planning techniques.
"(3) Notwithstanding subsection (c)(1), if the total of the amounts
appropriated under paragraph (1) for any fiscal year (reduced by the
amount to be retained by the Secretary for use under paragraph (2)) is
less than the amount required to make grants to each health system
agency designated under section 1515(c) in the amount prescribed for
such agency by subparagraph (A), (B), or (C) of subsection (c)(1), the
Secretary shall make a pro rata reduction in the amount of the grant to
each such agency, but, to the extent of available appropriations, no
such agency shall receive a grant in an amount less than the amount
prescribed by such subparagraph (C) for such fiscal year.".
(c) The second sentence of section 1516(a) // 42 USC 300l-5. // is
amended by inserting "(including submission of the health systems
agency's budget)" after "such conditions".
Sec. 107. (a) Section 1513(c)(3) // 42 USC 300l-2. // is amended by
striking out the period at the end of the fourth sentence and inserting
in lieu thereof the following: "unless another grant or contrct is made
or entered into, in which case the funds under the first grant or
contract shall remain available for the period of the second grant or
contract. Funds from a first grant or contract which remain available
for obligation in the period of a second grant or contract shall not be
considered in determining the amount of the second grant or contract.".
(b)(1) The second sentence of section 1516(a) // 42 USC 300l-5. //
is amended by striking out ", and shall be available for obligation" and
all that follows in such sentence and inserting in lieu thereof a
period.
(2) Such section is amended by inserting after the second sentence
the following: " Funds under a grant which remain available for
obligation at the end of the fiscal year in which the grant has been
made shall remain available for obligation in the succeeding fiscal
year, except that (1) no funds under any grant to any agency may be
obligated in any period in which a designation agreement is not in
effect for such agency, and (2) notwithstanding clause (1), a grant made
to a conditionally designated entity with which the Secretary will not
enter into a designation agreement under section 1515(c) 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.".
(c) The second sentence of section 1525(a) // 42 USC 300m-4. // is
amended to read as follows: " Funds under a grant which remain
available for obligation at the end of the fiscal year in which the
grant has been made shall remain available for obligation in the
succeeding fiscal year, but no funds under any grant to a State Agency
may be obligated in any period in which a designation agreement is not
in effect for such State Agency.".".
(d) Section 1526(c) // 42 USC 300m-5. // is amended (1) by striking
out "(1) such a grant" and all that follows through "(2)", and (2) by
inserting at the end the following: " Funds under a grant which remain
available for obligation at the end of the fiscal year in which the
grant has been made shall remain available for obligation in the
succeeding fiscal year, but no funds under any grant to a State Agency
may be obligated in any period in which a designation agreement is not
in effect for such State Agency.".
Sec. 108. (a)(1) Clause (i) of section 1512(b)(3)(C) // 42 USC
300l-1. // is amended (A) by inserting "(I)" after "shall be", and (B)
by striking out all after "providers of health care" and inserting in
lieu thereof", and (Ii) broadly representative of the health service
area and shall include individuals representing the principal social,
economic, linguistic, handicapped, and racial populations and geographic
areas of the health service area and major purchasers of health care
(including labor organizations) in the area.".
(2) The first sentence of section 1512(b)(3)(C)(ii) is amended (A) by
striking out "residents of" and inserting in lieu thereof "residents of,
or have their principal place of business in,", (B) in subclause (I), by
(C) by inserting "rehabilitation facilities," after "long-term care
facilities," in subclause (Ii), (D) by striking out "substance abuse" in
subclause (Ii) and inserting in lieu thereof "alcohol and drug abuse",
(E) by striking out "and" at the end of subclause (Iv), and (F) by
inserting before the period a comma and the following: "and (VI) other
providers of health care".
(3) The second sentence of section 1512(b)(C)(ii) is amended (A) by
striking out "one-third" and inserting in lieu thereof "one-half", and
(B) by inserting before the period at the end the following: "and of
such direct providers of health care, at least one shall be a person
engaged in the administration of a hospital".
(b)(1) Section 1512(b)(3)(C)(iii)(I) is amended by striking out "and
other representative of governmental authorities" and inserting in lieu
thereof "and other representatives of units of general purpose local
government".
(2) Subclause (Ii) of such section is amended (A) by striking out "is
equal" and inserting in lieu therof "is at least equal", and (B) by
striking out "and" at the end.
(3) Such section is amended by striking out subclause (Iii) and
inserting in lieu thereof the following:
"(Iii) include (through consumer and provider members)
individuals who are knowledgeable about mental health services,
"(Iv) if the health systems agency serves an area in which
there is located one or more hospitals or other health care
facilities of the Veterans' Administration, include, as a
nonvoting, ex officio member, an individual whom the Chief Medical
Director of the Veterans' Administration shall have designated for
such purpose, and
"(V) if the agency serves an area in which there is located one
or more health maintenance organizations, include at least one
member who is representative of such organizations.".
(c) Section 1512(b)(3)(C) is amended b y inserting after and below
clause (iv) the following: " For purposes of clause (iii)(I), to be
considered a representative of a unit of general purpose local
government, an individual must be appointed by such unit or combination
thereof, and the State government of a State which is comprised of a
single health service area shall be deemed to be a unit of general
purpose local government, A member of a governing body appointed
pursuant to clause (iii)(Iv) shall not be considered in determining the
number of members of the governing body for purposes of the numerical
limit prescribed by subparagraph (A).".
(d)(1) Section 1512(b)(3)(C)(i) is amended (A) by striking out "(nor
within the twelve months preceding appointment been)", and (B) by
inserting "(including labor organizations and business corporations)"
after "major purchasers of health care".
(2) Section 1531(3) // 42 USC 300n. // is amended to read as
follows:
"(3) The term 'provider of health care' means an individual--,
"(A) who is a direct provider of health care (including a
physician, dentist, nurse, podiatrist, optometrist, physician
assistant, or ancillary personnel employed under the supervision
of a physician) in that the individual's primary current activity
is the provision of health care to individuals or the
administration of facilities or institutions (including hospitals,
long-term care facilities, rehabilitation facilities, alcohol and
drug abuse treatment facilities, outpatient facilities, and health
maintenance organizations) in which such care is provided and,
when required by State law, the individual has received
professional training in the provision of such care or in such
administration and is licensed or certified for such provision or
administration;
"(B) who holds a fiduciary position with, or has a fiduciary
interest in, any entity described in clause (ii) or (iv) of
subparagraph (C) other than an entity described in such clause
which is also an entity described in section 501(c)(3) of the
Internal Revenue Code of 1954
// 26 USC 501. //
and which does not have as its primary purposose the delivery of
health care, the conduct of research, the conduct of instruction
for health professionals, or the production of drugs or articles
described in clause (iii) of subparagraph (C);
"(C) who receives (either directly or through the individual's
spouse) more than one-fifth of his gross annual income from any
one or combination of--,
"(D) who is the member of the immediate family of an individual
described in subparagraph (Ra), (B), or (C); or
"(E) who is engaged in issuing any policy or contract of
individual or group health insurance or hospital or medical
service benefits.
Aan indivisual shall not be considered a provider of health care solely
because the individual is the member ofc the governing board of an
entity described in clause (ii) or (iv) of subparagraph (C).".
(e) Section 1512(b)(3)(C)(iv) // 42 USC 300l-1. // is amended (1) by
striking out "of its members", and (2) by adding before the period at
the end a comma and the following "except that appointments shall be
made to such subcommittees and groups in such a manner that a majority
of their members shall be consumers of health care".
Sec. 109. Section 1512(b)(3) // 42 USC 300l-1. // is amended by
adding after subparagraph (C) the following new subparagraph:
"(D) Selection.--Each health systems agency shall establish a
process for the selection of the members of its governing body
which p rocess is designed to assure that (i) such members are
selected in accordance with the requirements of subparagraph (C),
(ii) there is the opportunity for broad participation in such
process by the residents of the health service area of the agency,
and (iii) the participation of such residents will be encouraged
and facilitated. Such process shall prohibit the selection of
more that one-half of the members of such body by members of such
body. Each agency shall make public such process and report it to
the Secretary. The requirements of this subparagraph shall apply
with respect to the selection of members of a subarea advisory
council if the council is authorized to select or selects one or
more members of the governing body of a health systems agency.".
Sec. 110. (a) Section 1512(b)(3)(i) // 42 USC 300l-1. // is amended
to read as follows:
"(i) shall be responsible for--,
and
the agency's budget, except that the governing body for
health planning of an agency which is a public regional
planning body or unit of general local government shall
not be responsible for the establishment of personnel
rules and practices for the staff of the agency or for
the
agency's budget unless authorized by the planning body
or unit of government, and
// 42 USC 300l-2. //
and applicable to its functions
under subsections (e), (f), and (g) of section 1513,".
(b) Section 1512(b)(3)(A) // 42 USC 300l-1. // is amended (1) by
striking out "have a governing body for health planning, which is
established in accordance with subparagraph (C)," and inserting in lieu
thereof "appoint a governing body for health planning in accordance with
subparagraph (C)", (2) by striking out "which has exclusive" and
inserting in lieu thereof "which shall have exclusive", and (3) by
striking out "not more than twenty-five members" and inserting in lieu
thereof "not less than ten members and not more than thirty members".
(c) Section 1512(b)(3)(B)(iv) is amended by striking out "(g), and
(h)" and inserting in lieu thereof "and (g)".
(d)(1) Paragraph (4) of section 1512(b) is amended to read as
follows:
"(4) Liability.--,
"(A) In GENERAL.-- Except as provided in subparagraph (B)--,
required of, or
authorized to be undertaken by, the agency, be liable
for the
payment of damages under any law of the United
Stateds or
any State (or political subdivision thereof) if the
member of
the governing body of the agency or employee of the
agency
who acted on behalf of the agency in the performance of
such
duty, function, or activity acted within the scope of
his duty,
function, or activity as such a member or employee,
exercised
due care, and acted without malice toward any person
affected by it; and
the
agency of any duty, function, or activity required of,
or
authorized to be undertaken by, the agency, be liable
for the
payment of damages under any law of the United States
or
any State (or political subdivision of a State) if he
believed he
was acting within the scope of his duty, function, or
activity
as such a member or employee, and, with respect to such
perfvormance, acted without gross negligence or malice
toward any person affected by it.
"(B) Exception.--Subparagraph (A) does not apply with respect
to civil actions for bodily injury to individuals or physical
damages to property brought against a health systems agency or any
member of the governing body of an employee of such an agency.".
(2) Section 1524 // 42 Usc 300m-3. // is amended by adding at the
end thereof the following new subsection:
"(d) No individual who as a member or employee of a SHCC shall, by
reason of his performance of any duty, function, or activity required
of, or authorized to be undertaken by, the SHCC, be liable for payment
of damages under any law of the United States or any State (or political
subdivision of a State) if he believed he was acting within the scope of
his duty, function, or activity as such a member or employee, and acted,
with respect to that performance, without gross negligence or malice
toward any person affected by it.".
(e)(1) The first sentence of section 1512(b)(3)(A) // 42 USC 300l-1.
// is amended by striking out "to perform for the agency" and inserting
in lieu thereof "to perform".
(2)(A) Section 1512(b)(3)(B)(ii) is amended by ionserting before the
semicolon the following: "and in the case of a health systems agency
which is a public regional planning body or unit of general local
government, the planning body or unit of government shall be given, in
accordance with section 1513(b)(3), // 42 USC 300l-2. // a reasonable
opportunity to comment on the health systems plan and annual
implementation plan proposed by the governing body and to propose
additions to and other revisions in it".
(B) The amendment made by subparagraph (A) // 42 USC 300l-1. //
shall not apply with respect to a health systems agency for which a
designation under section 1515 of the Public Health Service Act // 42
USC 300l-4. // was in effect on January 1, 1979, and which is a unit of
general local government.
(3) Clauses (iii) and (iv) of section 1512(b)(3)(B) // 42 USC 300l-1.
// are each amended by striking out "approval" and inserting in lieu
thereof "approval or disapproval".
(4) Section 1513(b)(2) // 42 USC 300l-2. // is amended by adding at
the end the following: " If the health systems agency is a public
regional planning body or unit of general local government, the planning
body or unit of government shall be given a reasonable opportunity to
comment on the proposed HSP and to propose additions to and other
revisions in it. Any such proposed additions or other revisions not
included in the HSP established by the agency shall be appended to the
HSP. If the goals contained in the HSP are not consistent with
guidelines issued by the Secretary under section 1501, it shall provide
the State health planning and development agency and the Secretary with
a detailed statement of the reasons for the inconsistency between such
goals and guidelines. When making such HSP available to a Statewide
Health Coordinating Council under section 1524(c)(2)(A), the agency
shall also reporft such statement to such Council.".
(f) Section 1513(a) // 42 USC 300l-2. // is amended by adding after
the first sentence the following: " None of the funds authorized to be
appropriated under this title may be used by a health systems agency
directly to pay any individual to influence the issuance, amendment, or
revocation of any Executive order or regulation by any Federal State, or
local chief executive officer or agency or to influence the passage,
amendment or defeat of any legislation by the Congress or by any State
or local legislative body. The preceding sentence does not apply with
respect to compensation paid by a health systems agency to an employee
of the agency unless the primary responsibility of the employee for the
agency is to influence such governmental action.".
Sec. 111. (a) Section 1512(b)(3)(B)(viii) // 42 USC 300l-1. // is
amended (1) by striking out "conduct its business meetings in public"
and inserting in lieu thereof "hold in public meetings to conduct the
business of the agency (other than any part of a meeting in which it is
likely, as determined by the governing body, that information respecting
the performance or remuneration of an employee of the agency will be
disclosed and such a disclosure would constitute a clearly unwarranted
invasion of the personal privacy of the employee or that information
relating to the agency's participation in a judicial proceeding will be
disclosed)", and (2) by striking out "its records and data" and
inserting in lieu thereof "records and data of the agency (other than
records or data respecting the performance or remuneration of an
employee the disclosure of which would constitute a clearly unwarranted
invasion of the personal privacy of the employee and records or data of
the agency relating to its participation in a judicial proceeding)".
(b)(1) Section 1512(b)(6)(A) is amended by inserting after "such
information" the following: "(other than information respecting the
performance or remuneration of an employee of the agency the disclosure
of which would constitute a clearly unwarranted invasion of the personal
privacy of the employee or information relating the agency's
participation in judicial proceeding)".
(2) Section 1512(b)(6) is amended by redesignating subparagraphs (A),
(B), and (C) as subparagraphs (B), (C), and (D) and by adding before
subparagraph (B) (as so redesignated) the following:
"(A) provide that any executive committee of the agency and any
entity appointed by the governing body or executive committee of
the agency shall (i) hold in public meetings to conduct the
business of the committee or entity (other than any part of a
meeting in which it is likely, as determined by the executive
committee or entity, that information respecting the performance
or remuneration of an employee of the agency will be disclosed and
such disclosure would constite a clearly unwarranted invasion of
the personal privacy of the employee or that information relating
the agency's participation in a judical proceeding will be
disclosed), and (ii) give adequate notice of its meetings to those
persons who have requested such notice;".
(c) Section 1522(b)(6) // 42 USC 300m-1 // is amended (1) by striking
out "conduct its business meeting in public" and inserting in lieu
thereof "hold in public meeting to conduct the business of the State
Agency (other than any part of a meeting in which it is likely, as
determined by the State Agency, that information respecting the
performance or remuneration of an employee of the agency will be
disclosed and such a disclosure would constitute a clearly unwarranted
invasion of the personal privacy of the employee or that information
relating to the agency's participation in a judicial proceeding will be
disclosed)", and (2) by striking out "its records and data" and
inserting in lieu thereof "records and data of the agency (other than
records or data respecting the performance or remuneration of an
employee the disclosure of which would constitute a clearly unwarranted
invasion of the personal privacy of the employee and records or data of
the agency relating to its participation in a judicial proceeding).
BODIES
Sec. 112. (a) Section 1512(b)(3) // 42 USC 300l-1. // is amended by
adding after subparagraph (D) (added by section 109 of this Act) the
folowing new subparagraph:
"(E) Support.--Each health systems agency shall have an
identifiable program of providing assistance to the members of its
governing body, executive committee (if any), and any entity
appointed by the governing body or executive committee in making
decisions for the agency, and shall include in such program means
to determine the support needs of the members and to provide for
meeting those needs (including the provision of training and
continuing education).".
(b) Section 1512(b)(3)(B)(vi) is amended (1) by striking out
"reimburse" and inserting in lieu thereof "reimburse (or when
appropriate make advances to)", and (2) by inserting "and performing any
other duties and functions of the health systems agency" after
"governing body"..
(c) Section 1512(b)(2)(A) is amended by adding at the end the
following: " At least one member of the staff shall be designated to
have the responsibility of providing the members of the governing body
of an agency (particularly the consumer members) with such information
and technical assistance as they may require to effectively perform
their functions.".
Sec. 113. (a) Section 1512(b)(3) is amended by adding after
subparagraph (E) (added by section 112 of this Act) the following new
subparagraph:
"(F) Conflicts OF INTEREST.-- No member of a governing body,
executive committee, or any entity appointed by a governing body,
or executive committeed may, in the exedrcise of any function of
the agency described in subsection (e), (f), or (g) of section
1513, vote on any matter before the governing body, executive
committee, or any such entity respecting any individual or entity
with which such member has (or, within the twelve months preceding
the vote, had) any substantial ownership
employment, medical
staff, fiduciary, contractual, creditor, or consultative
relationship.
A governing body or executive committee shall
require each of its members who has or has had such a relationship
with an individual or entity involved in any matter before the
governing body, committee, or entity to make a written disclosure
of such relationship before any action is taken by the body,
committee, or entity with reapect to such matter in the exercise
of any function of the agency described in section 1513 and to
make such relationship public in any meeting in which such action
is to be taken.".
(b ) Section 1524 is amended by adding after subsection (d) (added by
section 110(d)(2) of this Act) the following new subsection:
"(e) No member of any shcc may, in the exercise of any function of
the SHCC described in subsection (c)(6), vote on any matter before the
SHCC respecting any individual or entity with which such member has (or,
within the twelve months preceding the vote, had) any substantial
ownership, employment, medical staff, fiduciary, contractual, creditor,
or consultative relationship. Each SHCC shall require each of its
member who has or has had such a relationship with an indivual or entity
involved in any matter before the SHCC to make a written disclosure of
such relationship before any action is taken by the SHCC with respect to
such matter in the exercise of any function under subsection (c) and to
make such relationship public in any meeting in which such action is to
be taken.".
Sec. 114. Section 1512(b)(2)(A) // 42 USC 300l-1. // is amended (1)
by striking out "health resources" in the first sentence and inserting
in lieu thereof "health (including mental health) resources", (2) by
striking out "and" after "health planning," in such sentence a comma and
the following: "(v) financial and economic analysis, and (vi)
prevention of disease and other public health matters", and (4) by
striking out "health resources" in the second sentence and inserting in
lieu thereof "health (including mental health) resources".
Sec. 115. (a) Section 1524(c)(1) // 42 USC 300m-3. // is amended by
striking out " Review" and inserting in lieu thereof " Establish (in
consultation with the health systems agencies in the State and the State
Agency) a uniform format for HSP'S and review".
(b)(1) Section 1513(b)(2)(A) // 42 USC 300l-2. // is amended by
inserting "(primarily with regard to health care equipment and to health
services provided by health care institutions, health care facilities,
and other providers of health care institutions, health care facilities,
and other providers of health care and to other health resources)" after
"healthful environment".
(2) Section 1513(b)(2) is amended (A) by striking out "establish" in
the first sentence and inserting in lieu thereof "establish (in
accordance with the format established pursuant to section 1524(c)(
1))", and (B) by inserting after the first sentence the following: "
The HSP of the agency shall include goals for the delivery of mental
health services in its health service area which goals shall be
developed under a procedure under which persons (acting as an advisory
group or subcommittee appointed by the agency or, if the agency requests
and is authorized by the Secretary to use an existing group, acting as
part of such a group) knowledgeable about such services (including
services for alcohol and drug abuse) will be consulted with respect to
such goals.".
(3) Section 1522(b)(7) // 42 USC 300m-1. // is amended (A) by
striking out "and " at the end of clause (A), and (B) by inserting
before the period the following: "and (C) provide for consultation and
coordination (in accordance with regulations of the Secretary) between
the State Agency, the Statewide Health Coordinating Council, the State
mental health authority, and other agencies of the State government
designated by the Governor".
(c)(1)(A) Section 1523(a)(1) // 42 USC 300m-2. 42 USC 300m-3. // is
amended (i) by striking out "undersection 1524(c)(2)" and inserting in
lieu thereof "except as provided under section 1524(c)(2)(E)", and (ii)
by inserting "(A)" after "(1)" and by inserting before the period a
comma and the following: "and (B) determine the statewide health needs
of the State after providing reasonable opportunity for the submission
of written recommendations respecting such needs by the State health
authority, the State mental health authority, and other agencies of the
State government, designated by the Governor for the purpose of making
such recommendations, and after consulting with the Statewide Health
Coordinating Council".
(B) Section 1523(a)(2) // 42 USC 300m-2. // is amended (i) by
striking out "statewide health needs" and inserting in lieu thereof
"statewide health needs determined under paragraph (1)(B)", and (ii) by
inserting after the first sentence the following: " In carrying out its
functions under this paragraph, the State Agency shall refer the HSP'S
to the State health authority, the State mental health authority, and
other agencies of the State government (designated by the Governor to
make the review prescribed by this sentence) to review the goals and
related resource requirements of the HSP'S and to make written
recommendations to the State Agency respecting such goals and
requirements.".
(C) Subsection (a) of section 1523 is amended by adding after and
below the last paragraph the following: " If in determining the
statewide health needs under paragraph (1)(B) or in preparing or
revising a preliminary State health plan under paragraph (2) the State
Agency does not take an action proposed in a recommendation submitted
under the applicable paragraph, the State Agency shall when publishing
such needs or health plan make available to the public a written
statement of its reasons for not taking such action.".
(D) Section 1524(c)(2) // 42 USC 300m-3. // is amended (i) by
inserting "as determined by the State Agency of the State" after
"statewide health needs" each place occurs, and (ii) by inserting at the
end of subparagraph (B) the following: " If in preparing or revising
the State health plan the SHCC does not take an action proposed in a
recommendation submitted under section 1523(a)(1)(B), // 42 USC 300m-2.
// the SHCC shall when publishing such plan make available to the public
a written statement of its reasons for not taking such action.".
(2) Section 1513(b)(2) // 42 USC 300l-2. // is amended (A) by
striking out "and" after "resources of the area;", (B) by striking out
"resources" and inserting in lieu thereof "resources (including entities
described in section 1532(c)(7))", and (C) // 42 USC 300n-1. // by
inserting before the period at the end of the first sentence a semicolon
and the following: "(D) which are responsive to statewide health needs
as determined by the State health planning and development agency".
(d)(1) The first sentence of section 1513(b)(2) (as amended by
subsection (c)(2)) is further amended by inserting before the period at
the end a semicolon and the following: "(E) which describe the
institutional health services (as defined in section 1531(5)) // 42 USC
300n. // needed to provide for the well-being of persons receiving care
within the health service area, including, at a minimum, acute inpatient
(including psychiatric inpatient, obstetrical inpatient, and neonatal
inpatient), rehabilitation, and long-term care services; and (F) which
describe other health services needed to provide for the well-being of
persons receiving care within the health service area, including, at a
minimum, preventive, ambulatory, and home health services and treatment
for alcohol and drug abuse".
(2) Section 1513(b)(2) is amended by adding after the sentence added
by subsection (b)(2) the following: " The HSP shall describe the number
and type of resources, including facilities, personnel, major medical
equipment, and other resources required to meet the goals of the HSP and
shall state the extent to which existing health care facilities are in
need of modernization, conversion to other uses, or closure and the
extent to which new health care facilities need to be constructed or
acquired.".
(3) Section 1524(c)(2)(A) // 42 USC 300m-3. // is amended by adding
after the second sentence the following new sentences: " The plan shall
also describe the institutional health services (as defined in section
1531(5)) needed to provide for the well-being of persons receiving care
within the State, including, at a minimum, acute inpatient (including
psychiatric inpatient, obstetrical inpatient, and neonatal inpatient),
rehabilitation, and long-term care services; and also describe other
health services needed to provide for the well-being of persons
receiving care within the State, including, at a minimum, preventive,
ambulatory, and home health services and treatment for alcohol and drug
abuse. The plan shall also describe the number and type of resources,
including facilities, personnel, major medical equipment, and other
resources required to meet the goals of the plan and shall state the
extent to which existing health care facilities are in need of
moderization, conversion to other uses, or closure and the extent to
which new health care facilities need to be constructed or acquired.".
(e) Section 1513(b)(3) // 42 USC 300l-2. // is amended (1) by
inserting after "goals of the HSP" in the first sentence the following:
"(as stated in the HSP of the agency or, if revised under section 1524(
c)(2)(A) // 42 USC 300m-3. // when included in the State health plan,
as so revised)", and (2) by adding at the end the following " The AIP
shall include a statement of the personnel, facilities, and other
resources which the agency determines are required to meet the
objectives described pursuant to the first sentence. The AIP shall be
established, annually reviewed, and amended in accordance with the
procedures set forth in the last two sentences of paragraph (2). If the
health systems agency is a public regional planning body or unit of
general local government, the planning body or unit of government shall
be given a reasonable opportunity to comment on the proposed AIP and to
propse additions to and other revisions in it. Any such proposed
additions or other revisions not included in the AIP approved by the
agency shall be appended to the AIP.".
(f) Section 1513(b)(2)(C) // 4i USC 300l-2. // is amended by
striking out "and is consistent with".
(g) Section 1524(c)(2) // 42 USC 300m-3. // is amended by adding at
the end the following:
"(C) The State health plan or any revised State health plan
approved by the SHCC shall be the State health plan for the State
for purposes of this title after it is approved by the Governor of
the State. The State health plan for a State may be disapproved
by the Governor of the State only if the Governor determines that
the plan does not effectively meet the statewide health needs of
the State as determined by the State Agency for the State. In
disapproving a State health plan, a Governor shall make public a
detailed statement of the basis for the determination that the
plan does not meet such needs and shall specify the changes in the
paln which the Governor determines are needed to meet such needs.
Subparagraph (B) does not apply to the preparation of revisions of
a State health plan disapproved by a Governor.
"(D) In carrying out its functions with respect to the goals
and resource requirements for mental health services of the State
health plan, the SHCC may establish a procedure under which
persons (acting as or as part of an advisory group or subcommittee
appointed by the SHCC) knoledgeable about mental health services
(including services for alcohol and drug abuse) will have the
opportunity to make recommendations to the SHCC respecting such
services.
"(E) The State health authority, the State mental health
authority, and other agencies of the State government, designated
by the Governor, shall carry out those parts of the State health
plan which relate to the government of the State.
"(F) If a State health plan as required by this subsection is
not in effect for a State, the Secretary may not make any grant
under section 1525
// 42 USC 300m-4. //
to the State Agency designated for such State under section 1521(
b)(3)."
// 42 USC 300m. //
(h) Section 1513(c)(2) // 42 USC 300l-2. // is amended (1) by
striking out "may" and inserting in lieu thereof "shall", and (2) by
inserting "in obtaining and filling out the necessary forms and may
provide other technical assistance" after "technical assistance".
(i)(1)(A) The first sentence of section 1513(b)(2) is amended by
striking out "annually" and inserting in lieu thereof "at least
triennially".
(B) The second sentence of section 1513(b)(2) is amended by striking
out " Before establishing an HSP" and inserting in lieu thereof " Before
establishing or amending an HSP and in its review of an HSP".
(2) The first sentence of section 1523(a)(2) // 42 Usc 300m-2. //
and the first sentence of section 1524(c)(2)(A) are each amended by
striking out "and review and revise as necessary (but at least
annually)" and inserting in lieu thereof ", review at least triennially,
and revise as necessary".
(3) Section 1524(c)(1) (as amended by subsection (a)) // 42 Usc
300m-3. // is amended by striking out "review annually and coordinate
the HSP and AIP" and inserting in lieu thereof "review and coordinate at
least triennially the HSP and review at least annually the AIP".
(4) The third sentence of section 1524(c)(2)(A) is amended by str
IKING out "for each year".
(j)(1) Section 303(a) of the Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 // 42
USC 4573 // is amended by adding after and below paragbraph (16) the
following: " Such plan shall be consistent with the State health plan
in effect for such State under section 1524(c) of the Public Health
Service Act.".
(2) Section 409(e) of the Drug Abuse Office and Treatment Act of 1972
// 21 USC 1176. // is amended by adding after and below paragraph (13)
the following: " Such plan shall be consistent with the State health
plan in effect for such State under section 1524(c) of the Public Health
Service Act.".
(k)(1) Section 237(a) of the Community Mental Health Centers Act //
42 USC 2689t. // is amended in the matter preceding paragraph (1) by
inserting "shall be consistent with the State health plan in effect for
such State under section 1524(c) of the Public Health Service Act and
before "shall be".
(2) Paragraph (2)(D)(iv) of subsection (g) of section 314 of the
Public Health Service Act // 42 USC 246. // is amended by striking out
"a plan" and inserting in lieu thereof "a plan which is consistent with
the State health plan in effect for the State undedr section 1524(c)
and".
Sec. 116. (a)(1) The first sentence of section 1532(a) // 42 USC
300n-1. // is amended (A) by striking out ", and in performing" and
inserting in lieu thereof "; in performing", and (B) by inserting
before the period a semicolon and the following: "and in performing its
review functions a Statewide Health Coordinating Council shall (except
to the extent approved by the Secretary) follow procedures and apply
criteria developed and published by the Council in accordance with
regulations of the Secretary".
(2) The second sentence of such section is amended by stgriking out
"and States Agencies" and inserting in lieu thereof", State Agencies,
and Statewide Health Coordinating Councils".
(b)(1) Subsections (b) and (c) of section 1532 are each amended--,
(A) by striking out "agency and State Agency" each place it
occurs (other than in paragraph (11) of subsection (b)) and
inserting in lieu therof "agency, State Agency, and Statewide
Health Coordinating Council", and
(B) by striking out "agency or State Agency" each place it
occurs and inserting in lieu thereof "agency, State Agency, or
Statewide Health Coordinating Council".
(2) Subsection (b)(4) of such section is amended by striking out
"agency or a State Agency" and inserting in lieu thereof "agency, State
Agency, or Statewide Health Coordinating Council".
(3) Section 1532(c)(1) // 42 USC 300n-1. // is amended by striking
out " HSP and AIP" and inserting in lieu thereof " HSP, AIP, and State
health plan".
(c) Section 1532(a) is amended by adding at the end the following: "
Health systems agencies, the State Agency, and, if appropriate, the
Statewide Health Coordinating Council within each State shall cooperate
in the development of procedures and criteria under this subsection to
the extent appropriate to the achievement of efficiency in their reviews
and consistency in criteria for such reviews.".
(d)(1)(A) Section 1532(b)(1) is amended (i) by striking out "
Written" and inserting in lieu thereof " Timely written", and (ii) by
inserting before the period "and, if a person has asked the entity
conducting the review to place the person's name on a mailing list
maintained by the entity, such notification shall be sent to such
person".
(" B) Section 1532(b)(7) is amended by striking out " Notification"
and inserting in lieu thereof " Timely notification".
(2) Section 1532(b)(2) is amended by adding at the end the
following:
" If, after a review has begun, a State Agency, health systems agency,
or Statewide Health Coordinating Council requires, in accordance with
paragraph (3), the person subject to the review to submit information
respecting the subject of the review, such person shall be provided at
least fifteen days to submit the information.".
(3) Section 1532(b) is amended by adding after paragraph (11) the
following new paragraph:
"(12) The following procedural requirements with respect to
proceedings under a certificate of need program:
be
held before a State Agency or a health systems agency
to
which the State Agency has delegated the authority to
hold
such a hearing. In a hearing under the program, any
person
shall have the right to be represented by counsel and to
present oral or written arguments and evidence relevant
to
the matter which is the subject of the hearing, any
person
directly affected by the matter which is the subject of
the
hearing may conduct reasonable questioning of persons
who
make factual allegations relevant to such matter, and a
record of the hearing shall be maintained. The
requirements
of this subparagraph do not apply to hearings held by a
health systems agency in the performance of a review
under
section 1513(f).
// 42 USC 300l-2. //
not issue
a certificate of need or to withdraw a certificate of
need shall
be based solely (i) on the review of the State Agency
conducted in accordance with procedures and criteria it
has
adopted in accordance with this section and regulations
promulgated under this section, and (ii) on the record
established
proposal to
withdraw the certificate, as the case may be. Any
decision of
a State Agency to approve or disapprove an
application for
an examption under section 1527(b) shall be based
solely on
the record established in the administrative proceedings
held with respect to the application.
within
which approval or disapproval by the State Agency of
applications for certificates of need and for exemptions
under section 1527(b) shall be made. If, after a
review has
begun by the State Agency, the State Agency or
health
systems agency requires, in accordance witgh section
1532(b)(3),
// 42 USC 300n-1. //
an applicant to submit information respecting the
subject of the review, the period prescribed pursuant
to the
be
extended fifteen days.
disapprove an
application within the applicable period under clause
(i), the
applicant may, within a reasonable period of time
following
the expiration of such period, bring an action in an
appropriate
certificate
of need or to approve or disapprove an application for
an
exemption under section 1527(b) shall, upon request of
any
person directly affected by such decision, be
administratively
of
administrative agencies or, if there is no such State
law, by
an entity (other than the State Agency) designated by
the
of a
State Agency with respect to a certificate of need or
an
application for an exemption under section 1527(b) and a
health systems agency if the decision respecting the
certificate
of need is inconsistent with a recommendation made by
the agency to the State Agency with respect to the
certificate
of need may, within a reasonable period of time after
such
decision made (and any administrative review of it
completed),
obtain judicial review of it in an appropriate State
court. The decision of the State Agency shall be
affirmed
upon such judicial review unless it is found to be
arbitrary or
capricious or not made in compliance with applicable
law.
certificate
of need, between the holder of the certificate of
need, any person acting on behalf of the holder, or any
person in favor of the withdrawal and any person in the
State Agency who exercises responsibility respecting
withdrawal of the certificate after commencement of a
hearing on the Agency's proposal to withdraw the
certificate of need and before a decision is made on
withdrawal.
The requirements of this paragraph are in addition to the
requirements of the other paragraphs of this subsection and may,
as appropriate, apply to other review programs.".
(e) Section 1532(b) is amended by adding after paragraph (12) (added
by subsection (d)) the following new paragraph:
"(13(A) In the case of reviews by health systems agencies
""(13)(A) In the case of reviews by health systems agencies under
section 1513(f)
// 42 Usc 300l-2 //
and by s State Agencies under paragraphs (4) and (5) of section
1523(a)--,
// usc 300m-2. //
accordance
to
similar types of services, facilities, or equipment
affecting
the same health service area to be considered in
relation to
each other (but no less often than twice a year).
"(B) In the case of reviews by health systems agencies under
section 1513(g) and by State Agencies under paragraph (6) of
section 1523(a), provision for reviews of similar types of
institutional health serviceds affecting the same health service
area to be considered in relation to each other.".
(f) Section 1532(c)(6) // 42 USC 300n-1. // is amended to read as
follows:
"(6) In the case of health services proposed to be provided--,
power, management personnel, and funds for capital and
operating needs) for the provision of such services,
professional
training programs in the area in which such services
are to
be provided,
number
of facilities, the extent to which the health
professions
schools in the area will have access to the services for
training purposes,
resources
for the provision of other health services, and
served by such
services.".
(g)(1) Section 1532(c)(9)(B) is smended by inserting "and on the
costs and charges to the public of providing health services by other
persons" after "construction project" the second time it occurs.
(2) Section 1532(c) (as amended by section 103(d)) is amended by
adding at the end the following:
"(13) In the case of health services or facilities proposed to
be provided, the efficiency and appropriatelness of the use of
existing services and facilities similar to those proposed. "(14)
In the case of existing services or facilities, the quality of
care provided by such services or facilities in the past."
(h) Section 1532(a) is amended by adding after the sentence added by
subsection (c) the following: " The Secretary shall review at least
annually regulations promulgated under this section and provide
opportunity for the submission of comments by health systems agencies,
State Agencies, and Statewide Health Coordinating Councils on the need
for the revision of such regulations. At least forty-five days before
the initial publication of a regulation proposing a revision in a
regulation of the Secretary under this section, the Secretary shall,
with respect to such proposed revision, consult with and solicit the
recommendations from health systems agencies, State Agencies, and
Statewide Health Coordinating Councils.".
(i)(1) Section 1532(b)(3) // 42 USC 300n-1 // is amended by adding at
the end the following: " Each health systems agency, State Agency, and
Statewide Health Coordinating Council shall develop procedures to assure
that request for information in connection with a review under this
title are limited to only that information which is necessary for the
agency, State Agency, or Statewide Health Coordinating Council to
perform the review.".
(2) Section 1532(b)(10) is amended by striking out "pertinent" and
inserting in lieu thereof "essential".
Sec. 117. (a) Part C of title XV is amended by adding at the end the
following:
" Sec. 1527. (a) The certificate of need program required by
section 1523(a)(4)(B) // 42 USC 300m-6. // // 42 USC 300m-2. // shall,
in accordance with this section, provide for the following:
"(1) Review and determination of need under such program for--,
shall be made before the time such equipment is acquired, such
services are offered, substantial expenditures are undertaken in
preparation for such offering, or capital expenditures are
obligated.
"(2) The acquisition and offering of only such equipment and
services as may be found by the State Agency to be needed; and
the obligation of only those capital expenditures found to be
needed by the State Agency. Except as otherwise authorized by
this section, review under the program of an application for a
certificate of need may not be made subject to any criterion and
the issuance of a certificate of need may not be made subject to
any condition unless the criterion or condition directly relates
to--,
// 42 USC 300n-1. //
Development
Amendments of 1979, or
Agency
in accordance with an authorization prescribed by
State law. The Secretary may not require a State to include in its
program any criterion in addition to criteria described in
subparagraphs (A) and (B).
"(3) An application for a certificate of need for an
institutional health service, medical equipment, or a capital
expenditure shall specify the time the applicant will require to
make such service or equipment available or to obligate such
expenditure and a timetable for making such service or equipment
available or obligating such expenditure. After the issuance of a
certificate of
need, the State Agency shall periodically review the progress of
the approved application for the certificate. If on the basis of
such a review the State Agency determines that the holder of a
certificate is not meeting such timetable and is not making a good
faith effort to meet it, the State Agency may, after considering
any recommendation made by the health systems agency which
received a report from the State Agency on such review, withdraw
the certificate.
"(4) In issuing a certificate of need, the State shall specify
in the certificate the maximum amount of capital expenditures
which may be obligated under such certificate. The program shall,
in accordance with regulations promulgated by the Secretary,
prescribe the extent to which a project authorized by a
certificate of need shall be subject to further review if the
amount of capital expenditures obligated or expected to be
obligated for the project exceed the maximum specified in the
certificate of need.
"(5) The program shall provide that (A) the requirements of
section 1532
// 42 USC 300n-1. //
shall apply to proceedings under the program, and (B) each
decision to issue a certificate of need (i) may only be issued by
the State Agency, and (ii) shall, except in emergency
circumstances that pose a threat to public health, be consistent
with the State health plan in effect for such State under section
1524(c).
// 42 USC 300m-3. //
"(b)(1) Under the program a State shall not require a certificate of
need for the offering of an inpatient institutional health service or
the acquisition of major medical equipment for the provision of an
inpatient institutional health service or the obligation of a capital
expenditure for the provision of an inpatient institutional health
service by--,
"(A) a health maintenance organization or a combination of
health maintenance organizations if (i) the organization or
combination of organizations has, in the service area of the
organization or the service areas of the organizations in the
combination, an enrollment of at least 50,000 individuals, (ii)
the facility in which the service will be provided is or will be
geographically located so that the service will be reasonably
accessible to such enrolled individuals, and (iii) at least 75
percent of the patients who can reasonable be expected to receive
the institutional health service will be individuals enrolled with
such organization or organizations in the combination;
"(B) a health care facility if (i) the facility primarily
provides or will provide inpatient health services, (ii) the
facility is or will be controlled, directly or indirectly, by a
health maintenance organization or a combination of health
maintenance organizations which has, in the service area of the
organization or service areas of the organizations in the
combination, an enrollment of at least 50,000 individuals, (iii)
the facility is or will be geographically located so that the
service will be reasonable accessible to such enrolled
individuals, and (iv) at least 75 percent of the patients who can
reasonably be expected to receive the institutional health service
will be individuals enrolled with such organization or
organizations in the combination, or
"(C) a health care facility (or portion thereof) if (i) the
facility is or will be leased by a health maintenance organization
or combination of health maintenance organizations which has, in
the service area of the organization or the service areas of the
organizations in the combination, an enrollment of at least 50,000
individuals and on the date the application is submitted under
paragraph (2) at least fifteen years remain in the term of the
lease, (ii) the facility is or will be geographically located so
that the service will be reasonably accessible to such enrolled
individuals, and (iii) at least 75 percent of the patients who can
reasonably be expected to receive the institutional health service
will be individuals enrolled with such organization,
if, with respect to such offering, acquisition, or obligation, the State
Agency has, upon application under paragraph (2), granted an exemption
from such requirement to the organization, combination or organizations,
or facility.
"(2) A health maintenance organization, combination of health
maintenance organizations, or health care facility shall not be exempt
under paragraph (1) from obtaining a certificate of need before offering
an institutional health service, acquiring major medical equipment, or
obligating capital expenditures unless--,
"(A) it has submitted, at such time and in such form and manner
as the State Agency shall prescribe, an application for such
exemption,
"(B) the application contains such information respecting the
organization, combination, or facility and the proposed offering,
acquisition, or obligation as the State Agency may require to
determine if the organization or combination meets the
requirements of paragraph (1) or the facility meets or will meet
such requirements, and
"(C) the State Agency approves such application.
In the case of a proposed health care facility (or portion thereof)
which has not begun to provide institutional health services on the date
an application is submitted under this paragraph with respect to such
facility (or portion), the facility (or portion) shall meet the
applicable requirements of paragraph (1) when the facility first
provides such services. The State Agency shall approve an application
submitted under this paragraph if it determines that the applicable
requirements of paragraph (1) are met.
"(3) Notwithstanding subsection (d), a health care facility (or any
part thereof) or medical equipment with respect to which an exemption
was granted under paragraph (1) may not be sold or leased and a
controlling interest in such facility or equipment or in a lease of such
described in subparagraph (C) of paragraph (1) which was granted an
exemption under paragraph (1) may not be used by any person other than
the lessee described in such subparagraph unless--,
"(A) the State Agency issues a certificate of need approving
the sale, lease, acquisition, or use, or
"(B) the State Agency determines, upon application, that (i)
the entity to which the facility or equipment is proposed to be
sold or leased, which intends to acquire the controlling interest,
or which intends to use the facility is a health maintenance
organization or a combination of health maintenance organizations
which meets the requirements of clause (i) of subparagraph (A) of
paragraph (1) and (ii) with respect to such facility or equipment,
the entity meets the requirements of clauses (ii) and (iii) of
such subparagraph (A) or the requirements of clauses (i) and (ii)
of subparagraph (B) of paragraph (1).
"(4) In the case of a health maintenance organization or an
ambulatory care facility or health care facility which ambulatory or
health care facility is controlled, directory or indirectly, by a health
maintenance organization or a combination of health maintenance
organizations, a State may under the program apply its certificate of
need requirements only to the offering of inpatient institutional health
services, the acquisition of major medical equipment, and the obligation
of capital expenditures for the offering of inpatient institutional
health services and then only to the extent that such offering,
acquisition, or oblication is not exempt under paragraph (1).
"(5) Notwithstanding section 1532(c), // 42 USC 300n-1. // if a
health maintenance organization or a health care facility which is
controlled, directly or indirectly, by a health maintenance organization
apply for a certificate of need, such application shall be approved by
the State Agency if the State Agency finds (in accordance with criteria
prescribed by the Secretary by regulation) that--,
"(A) approval of such application is required to meet the needs
of the members of the health maintenance organization and of the
new members which such organization can reasonably be expected to
enroll, and
"(B) the health maintenance organization is unable to provide,
through services or facilities which can reasonable be expected to
be available to the organization, its institution health services
in a reasonable and cost-effective manner which is consistent with
the basic method of operation of the organization and which makes
uch services available on a long-term basis through physicians and
other health professionals associated with it.
Except as provided in paragraph (1) and notwithstanding subsection (d),
a health care facility (or any part thereof) or medical equipment with
respect to which a certificate of need was issued under this subsection
may not be sold or leased and a controlling interest in such facility or
equipment or in a lease of such facility or equipment may not be
acquired unless the State Agency issues a certificate of need approving
the sale, acquistion, or lease.".
"(c) Notwithstanding section 1532(c), an application for a
certificate of need for a capital expenditure which is required--,
"(1) to eliminate or prevent imminent safety hazards as defined
by Federal, State, or local fire, building, or life safety codes
or regulations,
"(2) to comply with State licensure standards, or
"(3) to comply with accreditation standards compliance with
which is required to receive reimbursements under title XVIII of
the Social Security Act
// 42 USC 1395. //
or payments under a State plan for medical assistance approved
under title XIX of such Act,
// 42 USC 1396. // shall be approved unless the State Agency finds that
the facility or service with respect to which such capital expenditure
is proposed to be made is not needed or that the obligation of such
capital expenditure is not consistent with the State health plan in
effect under section 1524. // 42 USC 300m-4 // An application for a
certificate of need approved under this subsection shall be approved
only to the extent that the capital expenditure is required to eliminate
or prevent the hazards described in paragrah (1) or to comply with the
standards described in paragraph (2) or (3).
"(d)(1) Under the program a certificate of need shall, except as
provided in subsection (b), be required for the obligation of a capital
expenditure to acquire (either by purchase or under lease or comparable
arrangement) and existing health care facility if--,
"(A) the notice required by paragraph (2) is not filed in
accordance with that paragraph with respect to such acquisition,
or
"(B) the State Agency finds, within thirty days after the date
it received a notice in accordance with paragraph (2) with respect
to such acquisition, that the services or bed capacity of the
facility will be changed in being acquired.
"(2) Before any person enters into a contractual arrangement to
acquire an existing health care facility which arrangement will require
the obligation of a capital expenditure, such person shall notify the
State Agency of the State in which such facility is located of such
person's intent to acquire such facility and of the services to be
offered in the facility and its bed capacity. Such notice shall be made
in writing and shall be made at least thirty days before contractual
arrangements are entered into to acquire the facility with respect to
which the notice is given.
"(e)(1)(A) Except as provided in subsection (b) and subparagraph (B),
under the program a certificate of need shall not be required for the
acquisition of major medical equipment which will not be owned by or
located in a health care facility unless--,
"(i) the notice required by paragraph (2) is not filed in
accordance with that paragraph with respect to such acquisition,
or
"(ii) the State Agency finds, within thirty days after the date
it receives a notice in accordance with paragraph (2) with respect
to such acquisition, that the equipment will be used to provide
services for inpatients of a hospital.
"(B) The certificate of need program of a State may include a
requirement for a certificate of need for an acquisition of major
medical equipment which requirement is in addition to the requirement
for a certificate of need established by subparagraph (A), except that
after September 30, 1982, the certificate of need program of a State may
not be changed to include any such additional requirement.
"(2) Before any person enters into a contractual arrangement to
acquire major medical equipment which will not be owned by or located in
a health care facility, such person shall notify the State Agency of the
State in which such equipment and of the use that will be made of the
equipment. Such notice shall be made in writing and shall be made at
least thirty days before contractual arrangements are entered into to
acquire the equipment with respect to which the notice is given.
"(3) For purposes of this subsection, donations and leases of major
medical equipment shall be considered acquisitions of such equipment,
and an acqusition of medical equipment through a transfer of it for less
than fair market value shall be considered an acquisition of major
medical equipment if its fair market value is at least $150,000.
"(f) Notwithstanding section 1532(c), // 42 USC 300n-1. // when an
appliation is made by an osteopathic or allopathic facility for a
certificate of need to construct, expand, or modernize a health care
facility, acquire major medical equipment, or add services, the need for
that construction, expansion, modernization, acquistion of equipment, or
addition of services shall be considered on the basis of the need for
and the availability in the community of services and facilities for
osteopathic and allopathic physicians and their patients. The State
Agency shall consider the application in terms of its impact on existing
and proposed institutional training programs for doctors of osteopathy
and medicine at the student, internship, and residency training levels.
"(g) In approving or disapproving applications for certificates of
need or in withdrawing certificates of need under such a program, a
State Agency shall take into account recommendations made by health
systems agencies within the State under section 1513(f).". // 42 USC
300l-2. //
(b)(1) Section 1523(a)(4)(B) // 42 USC 300m-2. // is amended (A) by
striking out "new institutional health services proposed to be offered
or developed within the State" and inserting in lieu thereof "the
obligation of capital expenditures within the State and the offering
within the State of new institutional health services and the
acquisition of major medical equipment", and (B) by striking out "which
is satisfactory to the Secretary" and inserting in lieu thereof "which
is consistent with standards established by the Secretary by
regulation".
(2) The second sentence of section 1523(a)(4) // 42 USC 300m-2. //
is amended to read as follows: " A certificate of need program shall
provide for procedures and penalties to enforce the requirements of the
program.".
(3) Section 1531 // 42 USC 300n. // is amended (i) by striking out "
For purposes of this title" and inserting in lieu thereof " Except as
otherwise provided, for purposes of this title", and (ii) by adding
after paragraph (5) the following new paragraphs:
"(6) For purposes of sections 1523 and 1527, // 42 USC 300m-2. //
the term 'capital expenditure' means an expenditure--,
"(A) made by or on behalf of a health care facility (as such a
facility is defined in regulations prescribed under paragraph
(5)); and
"(B)(i) which (I) under generally accepted accounting
principles is not properly chargeable as an expense of operation
and maintenance, or (II) is made to obtain by lease or comparable
arrangement any facility or part thereof or any equipment for a
facility or part; and
"(ii) which (I) exceeds the expenditure minimum, (II)
substantially changes the bed capacity of the facility with
respect to which the expenditure is made, or (III) substantially
changes the services of such facility.
For purposes of subparagraph (B)(ii)(I), the cost of any studies,
surveys, designs, plans, working drawings, specifications, and other
activities essential to the acquisition, improvement, expansion, or
replacement of any plant or equipment with respect to which an
expenditure described in subparagraph (B)(i) is made shall be included
in determining if such expenditure exceeds the expenditure minimum.
Donations of equipment or facilities to a health care facility which if
acquired directly by such facility would be subject to review under
section 1527 shall be considered capital expenditures for purposes of
sections 1523 and 1527, and a transfer of equipment or facilities for
less than fair market value shall be considered a capital expenditure
for purposes of such sections if a transfer equipment or facilities for
less than fair market value shall be considered a capital expenditure
for purposes of such sections if a transfer of the equipment or
facilities at fair market value would be subject to review under section
1527. For purposes of this paragraph, the term 'expenditure minimum'
means $150,000 for the twelve-month period beginning with the month in
which this paragraph is enacted and for each twelve -month period
thereafter, $150,000 or, at the discretion of the State, the figure in
effect for the preceding twelve-month period adjusted, to reflect the
change in the preceding twelve-month period in an index maintained or
developed by the Department of Commerce and designated by the Secretary
by regulation for purposes of making such adjustment.
"(7) For purposes of sections 1523 and 1527, the term 'major medical
equipment means medical equipment which is used for the provision of
medical and other health services and which costs in excess of $150,000,
except that such term does not include medical equipment acquired by or
on behalf of a clinical laboratory to provide clinical laboratory
services if the clinical laboratory is independent of a physician's
office and a hospital and it has been determined under title XVIII of
the Social Security Act // 42 USC 1395. // to meet the requirements of
paragraphs (10) and (11) of section 1861(s) of such Act. // 42 USC
1395x. // In determining whether medical equipment has a value in
excess of $150,000, the value of studies, surveys, designs, plans,
working drawings, specifications, and other activities essential to the
acquisition of such equipment shall be included.
"(8) The term 'health maintenance organization' // 42 USC 300e-9e.
// means a public or private organization, organized under the laws of
any State, which--,
"(A) is a qualified health maintenance organization under
section 1310(d); or
"(B)(i) provides or otherwise makes available to enrolled
participants health care services, including at least the
following basic health care services: usual physician services,
hospitalization, laboratory, X-ray, emergency and preventive
services, and out of area coverage; (ii) is compensated (except
for copayments) for the provision of the basic health care
services listed in clause (i) to enrolled participants by a
payment which is paid on a
periodic basis without regard to the date the health care
services are provided and which is fixed without regard to the
frequency, extent, or kind of health service actually provided;
and (iii) provides physicians' services primarily (I) directly
through physicians who are either employees or partners of such
organization, or (Ii) through arrangements with individual
physicians or one or more groups of physicians (organized on a
group practice or individual practice basis).".
(4)(A) Section 1522(b)(13) // 42 USC 300m-1. // is amended (i) by
striking out "(3),", (ii) by inserting "in a timely manner" after
"reviewed" in subparagraph (A), and (iii) by inserting after "agencies,"
in subparagraph (A) the following: "or, if there is no such State
law,".
(B) Section 1522(b)(13)(B) is amended by inserting "under
subparagraph (A)" after "the reviewing agency".
(5) Section 1532(c)(8) // 42 USC 300n-1. // is amended by striking
out "for which assistance may be provided under title XIII".
(c) The Comptroller General shall conduct // 42 USC 300m-6. // an
evaluation of the exemption authority provided by section 1527(b) of the
Public Health Service Act. In conducting the evaluation, the
Comptroller General shall determine--,
(1) the health maintenance organizations, combinations of
health maintenance organizations, and health care facilities which
have applied to receive an exemption under that section,
(2) the services, facilities, and equipment with respect to
which applications have been submitted under that section,
(3) the impact of the exemption on existing contractural
arrangements between health maintenace organizations and health
care facilities and on plans of such organizations respecting such
arrangements, and
(4) the impact of the exemption on health care delivery
systems, including its impact on the cost, availability,
accessibility, and quality of health care.
The Comptroller General shall report the results of the evaluation to
the Committee on Labor and Human Resources of the Senate and the
Committee on Interstate and Foreign Commerce of the House of
Representatives not later than February 1, 19829
(d) Within one hundred and eighty days of the date of the enactment
of this Act, // 42 Usc 300m-6 // the Secretary of Health, Education, and
Welfare shall promulgate such regulations as may be necessary to enable
the States to establish certificate of need programs which meet the
requirements of section 1527 of the Public of the Public Health Service
act.
Sec. 118. (a)(1) Section 1513(g)(1) // 4i USC 300l-2. // is amended
by striking out "all institutional health services offered in the health
service area of the agency" and inserting in lieu thereof "at least
those institutional and home health services which are offered in the
health service area of the agency and with respect to which goals have
been established in the State health plan".
(2) Section 1523(a)(6) // 42 USC 300m-2. // is amended by striking
out "all instituttional health services being offered in the State" and
inswrting in lieu thereof "at least those institutional and home halth
services which are offered in the State and with respect to which goals
have been established in the State health plan".
(b)(1) Section 1513(g) // 42 USC 300l-2. // is amended by adding at
the end fht following:
"(3) In making the appropriateness review required by paragraph
(1) of a health service, each health systems agency shall at least
consider the need for the service, its accessibility and
availability, financial viability, cost effectiveness, and the
quality of service provided.".
(2) Section 1523(a)(6) // 42 USC 300m-2. // is amended by adding at
the end the following: " In making the appropriateness review required
by this paragraph of a healthe service, the State Agency shall at least
consider the need for the service, its accessibility and availability,
financial viability, cost effectiveness, and the quality of service
provided.".
(c) Section 1513(g)(2) // 42 USC 300l-2. // is amended by striking
out "existing institutional".
FUNDS
Sec. 119. (a) Section 1524(c)(6) // 42 USC 300m-3. // is amended--,
(1) by striking out "approve or disapprove" in the first
sentence and inserting in lieu thereof "recommend approval or
disapproval of (A)",
(2) by striking out "or Comprehensive" in the first sentence
and inserting in lieu thereof "section 409 of the Drug Abuse
Office and Treatment Act of 1972,
// 21 USC 1176. // or the Comprehensive".
first sentence a comma and the following: "and (B) any
application (and any revision of an application) submitted to the
Secretary by a State revision of an application) submitted to the
Secretary by a State for a grant or contract under any provision
of law referred to in clause (A) for projects in more than one
health service area of the
State",
(4) by amending the third sentence to read as follows: "if a
SHCC recommends disapproval of such a plan or application, the
Secretary, after making a finding that such plan or application is
not in conformity with the State health plan, may not make Federal
funds available under such State plan or application.",
(5) by inserting after the third sentence the following new
sentence: " If the Secretary makes such a finding, he will notify
the Governor of his finding and the reasons therefor and advise
him that he has thirty days in which to submit a revised State
plan or application that conforms with the State health plan.",
and
(6) by striking out " If after such review" in the last
sentence and inserting in lieu thereof the following: " If after
reviewing a recommendation of a SHCC to disapprove such State plan
or application,".
(b)(1) Section 1513(e)(1)(A)(i) // 42 USC 300l-2. // is amended--,
(A) by inserting "of 1972" after " Treatment Act", and
(B) by inserting after "health resources" the following: "by
any entity other than the government of a State unless such
resources are solely within the health service area of such
agency".
(2) Section 1513(e)(1)(A)(ii) is amended by striking out "an
allotment" and inserting in lieu thereof "an allotment, contract, or
grant".
(3) The first sentence of section 1513(e)(1)(B) // 42 USC 300l-2. //
is amended by striking out "under title IV, VII, or VIII of this Act"
and all that follows in such sentence and inserting in lieu thereof the
following: "for research or training unless the grants or contracts are
to be made, entered into, or used for the development, expansion, or
support of health resources which, in the case of grants or contracts
for training, would make a significant change in the health services
available in the health service area or which, in the case of grants or
contracts for research, would significantly change the delivery of
health services, or the distribution or extent of health resources,
available to persons in the health service area other than those who are
participants in such research.".
(4) Section 1513(e)(2) is amended--,
(A) by striking out "such paragraph" in the first sentence and
inserting in lieu thereof "paragraph (1)(A)(i)", and
(B) by striking out " If" in the second sentence and inserting
in lieu thereof " If under paragraph (1)(A)(i)".
(5) Section 1513(e) is amended by redesignating paragraph (3) as
paragraph (4) and by inserting after paragraph (2) the following new
paragraph:
"(3) The Governor of a State shall allow health systems agencies
sixty days to make the review required by paragraph (1)(A)(ii). If
under such paragraph an agency disapproves a proposed use of Federal
funds in its health service area, the Governor may not make such Federal
funds available for such use until he has made, upon request of the
entity making such proposal, a review of the agency decision. In making
any such review of any agency decision, the Governor shall give the
State health planning and development agency an opp ortunity to consider
the decision of the health systems agency and to submit to the Governor
its comments on the decision. The Governor, after taking into
consideration such State Agency's comments (if any), may make such
Federal funds available for such use, notwithstanding the disapproval of
the health systems agency. Each such decision by the Gtovernor to make
funds available shall be submitted to the appropriate health systems
agency. Eac h such decision by the Governor to make funds available
shall be submitted to the appropriate health systems agency and State
health planning and development agency and shall contain a detailed
statement of the reasons for the decision.".
Sec. 120. (a) Section 1513(d) // 42 USC 300l-2. // is amended (1)
by redesignating paragraph (4) as paragraph (5); (2) by striking out
"and" in paragraph (3); and (3) by adding aftger paragraph (3) the
following new paragraph:
"(4) any entity of the State in which the agency is located
which reviews the rates or budgets of health care facilities
located in the agency's health service area, and".
(b) Section 1522(b)(7)(A) is amended by inserting before the comma at
the end the following: "and for the coordination by the State Agency in
the conduct of its activities with any entity of the State which reviews
the rates or budgets of health care facilities in the State".
(c)(1) Section 1526 // 42 USC 300m-5. // is amended--,
(A) by striking out "(not later than six months after the date
of the enactment of this title)" in the first sentence of
subsection (a); and
(B) by striking out the last sentence of subsection (a).
(2) Such section is further amended--,
(A) by inserting before the period in the first sentence of
subsection (a) "or to any other entity of the government of a
State which has so indicated an intent to regulate such rates";
(B) by striking out " A State Agency"in subsection (b)(1) and
inserting in lieu thereof " An entity";
(C) by striking out "the State Agency" in subparagraphs (A) and
(F) of such subsection and inserting in lieu thereof "the entity";
(D) by inserting "if it is a State Agency," after "(D)" and
"(E)", respectively, in such subsection;
(E) by adding after and below subparagraph (G) of such
subsection the following: " If an entity which is not a State
Agency receives a grant under subsection (a), such entity shall
coordinate its activities under the grant with the State Agency
for the State in which such entity is located, share with the
State
Agency data obtained from such activities, and for purposes of
such activities, develop with the State Agency criteria for the
review of institutional health serv ies, equipment, and facilities
which guidelines are not in conflict with criteria adoped by the
State Agency." ;
(F) by striking out "a State Agency" in subsection (b)(2) and
inserting in lieu thereof "an entity" and by striking out "the
State Agency" in such subsection and inserting in lieu thereof
"the entity"; and
(G) by striking out " State Agency" in subsection (d) and in
the first sentence of subsection (c) and inserting in lieu thereof
"entity".
AREAS
AND WITH OTHER ENTITIES
Sec. 121. (a) Section 1513(d) // 42 USC 300l-2. // is amended by
inserting "(including area agencies on aging and local and regional
alcohol abuse, drug abuse, and mental health planning agencies)" after
"administrative agencies" in paragraph (3).
(b) Subsection (d) of section 1513 (as amended by section 120(a)) is
amended (1) by inserting "(1)" after "(d), (2) by redesignating
paragraphs (1), (2), (3), (4), and (5) as subparagraphs (A), (B), (C),
(D), and (E), respectively, and (3) by adding at the end the following:
"(2) Each health systems agency which has all or part of its health
service area within a part of a standard metropolitan statistical area
(as determined by the Office of Management and Budget) shall coordinate
its activities with the activities of any other health systems agency
which has any part of its health service area within such standard
metropolitan statistical area. Such coordination shall at least provide
that each health systems agency designated for a health service area
within any part of a single standard metropolitan statistical area shall
review (A) each HSP and AIP for each such health service area, (B) the
criteria used in accordance with section 1532 // 42 USC 300n-1. // for
reviews affecting any such area, and (C) each decision under certificate
of need programs which affect any such area.
"(3) The Secretary shall be regulation provide for the sharing by
health systems agencies of health planning data with Indian tribes and
Alaska Native Villages.
"(4) Heath systems agencies that have an Indian tribe or intertribal
Indian organization (referred to in subsection (e)(1)(B)) located within
such agencies' health areas shall carry out their functions under this
section in a manner that recognized tribal self-determination. such
agencies shall seek to enter into agreements with the Indian tribes and
intertribal organizations located within their health service areas on
matters of mutual concern as defined in regulations of the Secretary.".
(c) Section 1513(e) // 25 USC 450b. // is amended by inserting "as
defined in section 4(b) of the Indian Self-Determination and Education
Assistance Act)" after " Indian tribe" in paragraph (1)(B).
Sec. 122. (a) Subsection (h) of section 1513 // 42 USC 300l-2. //
is amended to read as follows:
"(')(1) Each health systems agency shall collect annually on a form
developed in consultation with the State health planning and developemnt
agency (or agencies) the rates chaged for each of the twenty-five most
frequently used hospital services in the State (or States) including the
averagte semiprivate and private room rates.
"(2) Each health systems agency shall make available to the public
for inspection and copying (at a reasonable expense to the public) the
information supplied to the health systems agency pursuant to this
subsection in readily understandable language and in a manner designed
to facilitate comparisons among the hospitals in the health systems
agency's health service area.".
(b) Section 1522(b)(5) // 42 USC 300m-1. // is amended by adding
before the semicolon the following: "and contain provisions to assure
compliance with requests for information made by health systems agencies
in accordance with section 1513(h)".
Sec. 123. (a) Section 1521(b)(4) // 42 USC 300m. // is amended (1)
by inserting "(A)" after "(4)"; (2) by inserting "upon a review under
section 1535 // 42 USC 300m-4. // of the State Agency's operation and
performance of its function" before "he determines"; (3) by adding at
the end of paragraph (4) the following: " Before renewing an agreement
under this paragraph with a State Agency for a State, the Secretary
shall provide each health systems agency designated for a health service
area located (in whole or in part) in such State and the Statewide
Health Coordinating Council of such State an opportunity to comment on
the performance of the State Agency and to provide a recommendation on
whether such agreement should be renewed."; and (4) adding at the end
thereof the following new subparagraph:
"(B) If upon a review under section 1535 of the State Agency's
operation and performance of its functions, the Secretary determines
that it has not fulfilled, in a satisfactory manner, the
responsibilities of a State Agency during the period of the agreement to
be renewed or if the applicable State administrative program does not
continue to meet the requirements of section 1522, // 42 USC 300m-1. //
he may terminate such agreement or return the State Agency to a
conditionally designated status under paragraph (2) of subsection (b)
for a period not to exceed twelve months. At the end of such period,
the Secretary shall either terminate its agreement with such State
Agency or enter into an agreement with such State Agency under paragraph
(3) of subsection (b). The Secretary may not terminate an agreement or
return a State Agency to a conditionally designated status unless the
Secretary has--,
"(i) provided the State Agency with notice of his intent to
return it to a conditional status or terminate the agreement with
it and included in that notice specification of any functions
which the Secretary has determined the State Agency did not
satisfactorily fulfill and of any requirements which the Secretary
has determined it has not met;
"(ii) provided the State Agency with a reasonable opportunity
for a hearing, before an officer or employee of the Department of
Health, Education, and Welfare designated for such prupose, on the
action proposed to be taken by the Secretary; and
"(iii) in the case of a proposed termination, consulted with
the National Council on Health Planning and Development respecting
the termination.".
(b)(1)(A) Paragraphs (3) and (4) of section 1521(b) // 42 USC 300m.
// are each amended by striking out "twelve months" and inserting in
lieu thereof "thirty-six months".
(B) The amendments made by subparagraph (A) // 42 USC 300m // shall
apply with respect to designation agreements entered into under section
1521(b)(3) of the Public Health Service Act after the date of the
enactment of this Act.
(2) Section 1521(b)(3) is amended--,
(A) by inserting "(A)" after "(3)",
(B) by redesignating subparagraphs (A) and (B) as clauses (i)
and (ii), respectively,
(C) by amending clause (ii) (as to redesignated) to read as
follows:
"(ii) by the Secretgary if the Secretary determines, in
accordance with subparagraph (B), that the designated State Agency
is not complying with the provisions of such agreement.", and
(D) by adding at the end the following:
"(B) Before the Secretary may terminate an agreement with a
designated State Agency under subparagraph (A)(ii), the Secretary
shall--,
"(i) consult with the Statewide Health Coordinating Council of
the State for which the State Agency is designated respecting the
proposed termination,
"(ii) give the State Agency notice of the intention to
terminate the agreement and in the notice specify with
particularity (I) the basis for the determination of the Secretary
that the State Agency is not in compliance with the agreement, and
(Ii) the actions that the State Agency should take to come into
compliance with the agreement, and
"(iii) provide the State Agency with a reasonable opportunity
for a hearing, before an officer or employee of the Department of
Health, Education, and Welfare designated for such purpose, on the
matter specified in the notice.
The Secretary may not terminate such an agreement before consulting with
the National Council on Health Planning and Development respecting the
proposed termination. Before the Secretary may permit the term of an
agreement to expire without renewing the agreement, the Secretary shall
make the consultations prescribed by clause (i) and the preceding
sentence, give the State Agency with which the agreement was made notice
of the intention not to renew the agreement and the reasons for not
renewing the agreement, and provide, as prescribed by clause (iii), the
State Agency an opportunity for a hearing on the matter specified in the
notice.".
(c)(1)(A) Section 1522(b)(13) // 42 USC 300m-1. // is amended by
striking out", (g), or (h)" and inserting in lieu thereof "through (g)".
(2) Paragraph (3) of section 1523(a) //42 USC 300m-2. // is amended
by striking out review of the State medical facilities plan required
under section 1603, and in the".
(3) Section 1523(a) // 42 USC 300m-2. // is amended by adding after
paragraph (6) the following new paragraph:
"(7) Prepare an inventory of the health care facilities (other
than Federal health care facilities) located in the State and
evaluate on an ongoing basis the physical condition of such
facilities. Such inventgory and evaluations shall be reported to
the health systems agencies designated for health service areas
located (in whole or in part) in the State for purposes of the
functions of the agency under section 1513(b).".
// 42 USC 300l-2. //
(d) Susection (d) of section 1521 // 42 USC 300m. // is amended to
read as follows:
"(d)(1) If an agreement under subsection (b)(3) for the designation
of a State Agency for a State is not in effect upon the expiration of--,
"(A) the fourth fiscal year which begins after the calendar
year in which the National Health Planning and Resources
Development Act of 1974 is enacted; or
"(B)(i) if the legislature of the State is in a regular session
on the date of the enactment of the Health Planning and Resources
Development Amendments of 1979 and the legislature will be in
session for at least twelve months from such date, twelve months
from such date, or
"(ii) if the legislature of the State is in session on such
date of enactment but twelve months do not remain in such session
after such date or if the legislature of the State is not in
session on such date, twelve months after the beginning of the
first regular session of the legislature beginning after such
date,
whichever occurs later, the Secretary shall take the action prescribed
by paragraph (2).
"(2) If upon the expiration of the period applicable under paragraph
(1) an agreement is not in effect for the designation of a State Agency
for a State, the Secretary shall until such an agreement is in effect
take the following action:
"(A) During the first twelve months after the date of the
expriation of the applicable period, the Secretary shall reduce by
25 percent the amount of each allotment, grant, loan, and loan
guarantee made to and each contract entered into with an
individual or entity in such State during such period under this
Act,
// 42 USC 2681 //
the Community Mental Health Centers Act, the Comprehensive Alcohol
Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act
of 1970,
// 42 USC 4551 //
and the Drug Abuse Office and Treatment Act of 1972
// 21 USC 1101 //
"(B) During the second twelve months after such expiration
date, the Secretary shall reduce by 50 percent the amount of each
such allotment, grant, loan, loan guarantee, and contract.
"(C) During the third twelve months after such expiration date,
the Secretary shall reduce by 75 percent the amount of each such
allotment, grant, loan, loan guarantee, and contract.
"(D) After the expiration of thirty-six months after such
expriation date, the Secretary may not make or enter into any such
allotment, grant, loan, loan guarantee, or contract.".
(e)(1) Section 1522(c) // 42 USC 300m-1. // is amended by striking
out "once each year" and inserting in lieu thereof "once every three
years".
(2) Section 1523(a) (as amended by subsection (c)(3)) is amended by
adding the following new paragraph at the end thereof:
"(8) Provide technical assistance to individuals and public and
private entities in obtaining and filling out the necessary forms
for the development of projects andprograms.".
(f) The first sentence of section 1521(b)(2)(B) // 42 USC 300m. //
is amended by inserting before the period a comma and the following:
"except that the Secretary may extend the period for such additional
time as he finds appropriate if he finds that the designated State
Agency is making a good faith effort to comply with the requirements of
section 1523". // 42 USC 300m-2. //
(g)(1) Paragraph (5) of section 1523(a) is amended by striking out
"1413(f)" and inserting in lieu thereof "1513(f)".
(2) Section 1521(b)(1) // 42 USC 300m. // is amended by striking out
"this part" and inserting in lieu thereof "this title".
Sec. 124. (a)(1) Section 1524(b)(1)(A)(ii) // 42 USC 300m-3. // is
amended by inserting before the period a comma and the following:
"except that the number of representative on the SHCC to which a health
systems agency designated for a health service area which is not
entirely within the State shall be a number which is based on the
relationship of the population of the portion of such hedalth service
area within the State to the population of the largest health service
area located entirely within the State, except that each such agency
shall be entitled to at least one representative on the SHCC".
(2) Section 1524(b)(1)(A)(iii) is amended to read as follows:
"(iii) Except as otherwise provided in clause (ii) and this
clause, each such health systems agency shall be entitled to at
least two representatives on the SHCC. If there are more than ten
health systems agencies within a State, each ealth systems agency
within such State shall be entitled to at least one representative
on the SHCC. Of the representatives of health systems agencies on
the SHCC, not less than one-half shall be individuals who are
consumers of health care and who are not providers of health
care.".
(3) Section 1524(b)(1)(A)(i) is amended (A) by inserting "(or if the
number of representative on the SHCC to which health systems agencies
are entitled under the second sentence of clause (iii) is less than
sixteen, no fewer than the number to which they are entitled)" after
"sixteen representatives", (B) by striking out "at least five", and (C)
by adding at the end the following: " Each agency shall submit a number
of nominees to the Governor which is at least twice the number of
representatives on the SHCC to which the agency is entitled.".
(4) Section 1524(b)(1) is amended by adding at the end thereof the
following new paragraph:
"(E) Members of the SHCC who are consumers of health care and
who are not providers of health care shall include individuals who
represent rural and urban medically underserved populations if
such populations exist in the State."
(b) Sectin 1524(b)(2) is amended to read as follows:
"(2) The Governor may select, by and with the advice and consent of
the State senate, or, in the case of a State witgh a unicameral
legislature, of the State legislature, the chairman of the SHCC from
among the members of the SHCC. If the Governor does not select the
chairman, the SHCC shall select the chairman from among its members.".
(c)(1) Section 1524(b)(1)(C) is amended (A) by striking out
"one-third" and inserting in lieu thereof "one-half", and (B) by
striking out "an ex officio" and inserting in lieu thereof "a nonvoting,
ex officio".
(2) Section 1524(b)(1)(D) is amended by striking out "two" and
inswerting in lieu thereof "one".
(d) The first sentence of section 1524(c)(2)(B) is amended by stiking
out State agency" and inserting in lieu thereof " State Agency".
Sec. 125. (a) Section 1534(b)(1) // 42 USC 300n-3. // is amended
(1) by inserting "and it will be able to provide assistance and
dissemination of information to health systems agencies and State
Agencies as provided in subsections (a) and (c)," after "paragraph (2)",
and (2) by inserting "and is able to provide such assistance and
dissemination of information" after "such requirements".
(b) Clause (2) of section 1534(c) is amended to read as follows:
"(2) shall develop and use methods (satisfactory to the Secretary) to
disseminate to such agencies and State Agencies planning approaches,
methodologies (including methodologies to provide for education of new
board members and new staff and continuing education of board members
and staff of such agencies and State Agencies), policies, and
standards.".
Sec. 126. (a)(1) Section 1531(5) // 42 USC 300n. // is amended to
read as follows:
"(5) The term 'institutional health services' means health services
which (A) are provided through private and public hospitals,
rehabilitation facilities, nursing homes, and other health care
facilities, as defined by the Secretary by regulation, and (B) entail
annual operating costs of at least the expenditure minimum. For
purposes of this paragraph, the term 'expenditure minimum' means $75,000
for the twelve-month period beginning with the month in which this
paragraph is enacted and for each twelve-month period therafter, $75,000
or, at the discretion of the State, the figure in effect for the
preceding twelve-month period, adjusted to reflect the change in the
preceding twelve-month period in an index maintained or developed by the
Department of Commerce and designeated by the Secretary by regulation
for purposes of making such adjustment.".
(2) After the date of the enactment of this Act. // 42 USC 300n. //
the Secretary shall consult with the Committe on Labor and Human
Resources of the Senate and the Committee on Interstate and Foreign
Commerce of the House of Representatives before promulgating regulations
defining health care facilities for purposes of section 1531(5) of the
Public Health Service Act as amended by paragraphs:
"(9) For purposes of paragraph (5) of this section and sections
1523(a)(4)(B) and 1527, // 42 USC 300m-2. // the term 'rehabilitation
facility' means an inpatient facility which is operated for the primary
purpose of assisting in the rehabilitation of disabled persons through
an integrated program of medical and other services which are provided
under competent professional supervision. For purposes of the remaining
provisions of this title, the term'rehabilitation facility' means an
inpatient facility described in the preceding sentence and, in addition,
an outpatient facility which is operated as described in such sentence.
"(10) The term 'medically underserved population' has the same
meaning as such term has under section 330(b)(3). // 42 USC 254c. //
"(11) Any reference to the term 'health' includes physical and mental
health.
"(12) The term 'physician' means a doctor of medicine or osteopathy
legally authorized to practice medicine and surgery by a State.".
Sec. 127. (a) Section 1516(d)(1) (as amended by section 106) is
amended--,
(1) by striking out "and" after (1976,", and
(2) by inserting before the period the following:
",$150,000,000 for the fiscal year ending September 30, 1980,
$165,000,000 for the fiscal year ending September 30, 1981, and
$185,000,000 for the fiscal year ending September 30, 1982".
7b) Section 1525(c) // 42 USC 300m-4. // is amended--,
(1) by striking out "and" after "1976,", and
(2) by inserting before the period the following: ",
$35,000,000 for the fiscal year ending September 30, 1980,
$40,000,000 for the fiscal year ending September 30, 1981, and
$45,000,000 for the fiscal year ending September 30, 1982".
(c) Section 1526(e) // 42 USC 300m-5. // is amended--,
(1) by striking out "and" after "1976,", and
(2) by inserting before the period the ofllowing: ",$6,000,000
for the fiscal year ending September 30, 1981, and $6,000,000 for
the fiscal year ending September 30, 1982".
(d) Section 1534(d) // 42 USC 300n-3. // is amended--,
(1) by striking out "and" after "1976,", and
(2) by inserting before the period the following: ",$6,000,000
for the fiscal year ending September 30, 1980, $8,000,000 for the
fiscal year ending September 30, 1981, and $10,000,000 for the
fiscal year ending September 30, 1982".
(e) Section 1640(d) // 42 USC 300t. // is amended--,
(1) by striking out "and" after "1976,", and
(2) by inserting before the period the following ", 0,000,000
for the fiscal year ending September 30, 1981, and $30,000,000 for
for the fiscal year ending September 30, 1982".
Sec. 1289 Section 1903(m)(2)(C) of the Social Security Act // 42 USC
1396b. is amended by striking out "the date of entity enters into a
contract with the State under this title for the provision of health
services on a prepaid risk basis" and inserting in lieu thereof "the
date the entity qualifies as a health maintenance organization (as
determined by the Secretary)".
Sec. 129. (a) The amendments made by this title // 42 USC 300l //
(other than by sections 101, 102, 103(a), 103(b), 103(c), 104,105, 106,
107, 110(c), 116(e), 117, 120, 123, 126, 127, and 128) shall take effect
one year after the date of the enactment of this Act, except that on and
after the date of the enactment of this Act--,
(1) the changes in the membership of the health systems
agencies and the Statewide Health Coordinating Councils required
by amendments to section 1512, 1524, and 1531
// 42 USC 300l-1, 300m-3, 300n. //
shall be implemented through selections of meembers to fill
vacancies occurring after such date,
(2) a health systems agency, a State health planning and
development agency, and a Statewide Health Coordinating Council
may make the organizational and related changes required by the
amendments to sections 1512, 1522, 1523, 1524, and 1531 of the
Public Health Service Act
// 42 USC 300l-1, 300m-1, 300m-2, 300m-3, 300n. //
and
(3) health systems agencies, State health planning and
development agencies, and Statewide Health Coordinating Councils
may act in accordance with the changes in their functions made by
the amendments to section 1513, 1522, 1523, 1524, and 1532 of the
Public Health Service Act.
(b)(1) Except as // 42 USC 300l-5 // provided in section 1516(c)(1)(
C)(i) of the Public Health Service Act as amended by section 106, the
amendments made by section 106 shall apply with respect to grants made
under section 1516 of the Public Health Service Act // 42 USC 300l-5.
// after the date of the enactment of this Act from appropriations under
an appropriation Act enacted for the fiscal year ending September 30,
1980.
(2) The amendments made by sections 116(d), 116(e), 117, and 126 //
42 USC 300n-6 // shall take effect on the date of the enactment of this
Act, except that if the Secretary of Health, Education, and Welfare
determines that any amendment made by any such section will require a
State to change its laws before the State health planning and
development agency designated for such State may perform its functions
under section 1523(a)(4)(B) of the Public Health Service Act, // 42 USC
300m-2. // such amendment shall take effect in such State--,
(A) if the legislature of the State is in a regular session on
the date of the enactment of the Health Planning and Resources
Development Amendments of 1979 and the legislature will be in
session for at least twelve months from such date, twelve months
from such date, or
(B) if the legislature of the State is in session on such date
of enactment but twelve months do not remain in such session after
such date or if the legislature of the State is not in session on
such date, twelve months after the beginning of the first regular
session of the legislature beginning after such date.
Sec. 201. (a) Part B of title XVI // 42 USC 300p-300p-3. // is
repealed.
(b)(1) Subsections (a) and (b) of section 1620 /// 42 USC 300q. //
are amended to read as follows:
"(a)(1) The Secretary, during the period ending September 30, 1982,
may, in accordance with this part, make loans from the fund established
under section 1622(d) // 42 USC 300q-2. // to any public or nonprofit
private entity for projects for--,
"(A) the discontinuance of unneeded hospital services or
facilities,
"(B) the conversion of unneeded hospital services and
facilities to needed health services and medical facilities,
including outpatient medical facilities and facilities for
long-term care; "(C) the renovation and modernization of medical
facilities, particularly projects for the prevention or
elimination of safety hazards, projects to avoid noncompliance
with licensure of accreditation standards, or projects to replace
obsolete facilites;
"(D) the construction of new outpatient medical facilities;
and
"(E) the construction of new inpatient medical facilities in
areas which have experienced (as determined by the Secretary)
recednt rapid population growth.
"(2)(A) The Secretary, during the period ending September 30, 1982,
may, in accordance with this part, guarantee to--,
"(i) non-Federal lenders for their loans to public and
nonprofit private entities for medical facilities projects
described in paragraph (1), and
"(ii) the Federal Financing Bank for its loans to public and
nonprofit private entities for such projects,
payment of principal and interest on such loans.
"(B) In the case of a guarantee of any loan to a public or nonprofit
private entity subparagraph (A)(i) which is located in an urban or rural
poverty area, the Secretary may pay, to the holder of such loan and for
and on behalf of the project for which the loan was made, amounts
sufficient to reduce by not more than one half the net effective
interest rate otherwise payable on such loan if the Secretary finds that
without such assistance the project could not be undertaken.
"(b) The principal amount of a loan directly made or guaranteed under
subsection (a) for a medical facilities project, when added to any other
assistance provided such project under part B, may not exceed 90 per
centum of the cost of such project unless the project is located in an
area determined by the Secretary to be an urban or rural poverty area,
in which case the principal amount, when added to other assistance under
part B, may cover up to 100 per centum of such costs.".
(2) Section 1622(b)(2)(D) // 42 USC 300q-2. // is amended by
striking out "minus 3 per centum per annum" and inserting in lieu
thereof the following: "minus any interest subsidy made in accordance
with section 1601(a)(2)(B) with respect to a loan made for a project
located in an urban or rural poverty area".
(3) Section 1622(e)(2) is amended (A) by striking out "and" after
"1977,", and (B) by inserting before the period a comma and the
following: " September 30, 1979, September 30, 1980, September 30,
1981, and September 30, 1982".
(c) Section 1625 // 42 USC 300r. // is amended to read as follows:
" Sec. 1625. (a)(1)(A) The Secretary may make grants for
construction or modernization projects designed to--,
"(i) eliminate or prevent in medical facilities imminent safety
hazards as defined by Federal, State, or local fire, building, or
life safety codes or regulations, or
"(ii) avoid noncompliance by medical facilities with State or
voluntary licensure or accreditation standards.
"(B) A grant under subparagraph (A) may only be made to--,
"(i) a State or political subdivision of a State, including any
city, town, county, borough, hospital district authority, or
public or quasi-public corporation, for any medical facility owned
or operated by the State or political subdivision; and
"(ii) a nonprofit private entity for any medical facility owned
or operated by the entity but only if the Secretary determines--,
facility
and the proportion of its patients who are unable to
pay for
services rendered in the facility is similar to such
level and
proportion in a medical facility of a State or
political
subdivision, and
to low-income
individuals.
"(2) The amount of any grant under paragraph (1) may not exceed 75
per centum of the cost of the project for which the grant is made unless
the project is located in an area determined by the Secretary to be an
urban or rural poverty area, in which case the grant may cover up 100
per centum of such costs.
"(3) There are authorized to be appropriated for grants under
pparagraph (1) $40,000,000 for the fiscal year ending September 30,
1980, $50,000,000 for the fiscal year ending September 30, 1982. Funds
available for obligation under this subsection (as in effect before the
date of the enactment of the Health Planning and Resources Development
Amendments of 1979) in the fiscal year ending September 30, 1979, shall
remain available for obligation under this subsection in the succeeding
fiscal year.
"(b)(1) The Secretary may make grants to public and nonprofit private
entities for projects for (A) construction or modernization of
outpatient medical facilities which are located apart from hospitals and
which will provide services for medically underserved populations, and
(B) conversion of existing facilities into outpatient medical facilities
or facilities for long-term care to provide services for such
populations.
"(2) The amound of any grant under paragraph (1) may not exceed 80
per centum of the cost of the project for which the grant is made unless
the project is located in an area determined by the Secretary to be an
urban or rural poverty area, in which case the grant may cover up to 100
percentum of such costs.
"(3) There are authorized to be appropriated for grants under
paragraph (1) $15,000,000 for the fiscal year ending September 30, 1981,
and $15,000,000 for the fiscal year ending September 30, 1982.".
Sect 202. (a) Part A of title XVI // 42 USC 300o-3 // is repealed
and parts C, D, E, and F of title XVI are redesignated as parts A, B, C,
and D, respectively.
(b) Part C (as so redesignated) of title XVI // 42 USC 300q 300r,
300s, 300t. // is amended by striking out section 1630, by
redesignating section 1631 through 1635 as section 1622 through 1626,
respectively, and by inserting before section 1622 (as so redesignated)
the following:
" Sec. 1620. // 42 USC 300s. // The Secretary shall by regulation--,
"(1) prescribe the manner in which he shall determine the
priority among projects for which assistance is available under
part A or B, based on the relative need of different areas for
such projects and giving special consideration--,
with
relatively small financial resources and for medical
facilities
serving rural communities,
populated
areas,
outpatient
medical facilities, to projects that will be located
in, and
provide services for residents of, areas determined by
the
Secretary to be rural or urban poverty areas,
imminent
safety hazards as defined by Federal, State, or local
fire,
building, or life safety codes or regulations, or (ii)
avoid
noncompliance with State or voluntary licensure or
accreditation
standards, and
in
conjunction with other facilities, will provide
comprehensive
health care, including outpatient and preventive care
as well
as hospitalization;
"(2) prescribe for medical facilities projects assisted under
part A or B general standards of construction, modernization, and
equipment, which standards may vary on the basis of the class of
facilities and their location; and
"(3) prescribe the general manner in which each entity which
receives financial assistance under part A or B or has received
financial assistance under part A or B of title VI
// 42 USC 300q, 300q-2, 300r, 291. //
shal be required to comply with the assurances required to be made
at the time such assistance was received and the means by which
such entity shall be required to demonstrate compliance with such
assurances.
An entity subject to the requirements prescribed pursuant to paragraph
(3) respecting compliance with assurances made in connection with
receipt of financial assistance shall submit periodically to the
Secretary data and information which reasonable supports the entit's
compliance with such assurances. The Secretary may not waive the
requirement of the preceding sentence.
" APPLICATIONS
" Sec. 1621. // 42 USC 300s-1. // (a) No loan, loan guarantee, or
grant may be made under part A or B for medical facilities project
unless an application for such project has been submitted to and
approved by the Secretary. If two or more entities join in a project, an
application for such project may be filed by any of such entities or b y
all of them.
"(b)(1) An application for a medical facilities project shall be
submitted in such form and manner as the Secretary shall by regulation
prescribe and shall, except as provided in paragraph (2), set forth--,
"(A) in the case of a modernization project for a medical
facility for continuation of existing health services, a finding
by the State Agency of a continued need for such services, and, in
the case of any other project for a medical facility, a finding by
the State Agency of the need for the new health services to be
provided through the medical facility upon completion of the
project;
"(B) in the case of an application for a grant, assurances
satisfactory to the Secretary that (i) the applicant making the
application would not be able to complete the project for which
the application is submitted without the grant applied for, and
(ii) in the case of a project to construct a new medical facility,
it would be inappropriate to convert an existing medical facility
to provide the services to be provided through the new medical
facility;
"(C) in the case of a project for the discontinuance of a
service or facility or the conversion of a service or a facility,
an evaluation of the impact of such discontinuance or conversion
on the provision of health care in the health service area in
which such service was provided or facility located;
"(D) a description of the site of such project;
"(E) plans and specifications therefor which meet the
requirements of the regulations prescribed under section 1620(2);
"(F) reasonable assurance that title to such site is or will be
vested in one or more of the entities filing the application or in
a public or other nonprofit entity which is to operate the
facility on completion of the project;
"(G) reasonable assurance that adequate financial support will
be available for the completion of the project and for its
maintenance and operation when completed, and, for the purpose of
determining if the requirements of this subparagraph are met,
Federal assistance provided directly to a medical facility which
is located in an area determined by the Secretary to be an urban
or rural poverty area or through benefits provided individuals
served at such facility shall be considered as financial support;
"(H) the type of assistance being sought under part A or B
// 42 USC 300q-300q-2, 300r. //
for the project;
"(I) reasonable assurance that all laborers and mechanics
employed by contractors or subcontractors in the performance of
workk on a project will 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 Act of March 3,
1931 (40 U.S.C. 276a - 176a - 5, known as the Davis-bacon Act),
and 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 Fr 3176; 5 U.S.C. appendix) and
section 2 of the Act of June 13, 1934 (40 U. S.C. 276c);
"(J) in the case of a project for the construction of
modernization of an outpatient facility, reasonable assurance that
the services of a general hospital will be available to patients
at such facility who are in need of hospital care; and
"(K) reasonable assurance that at all times after such
application is approved (i) the facility or portion thereof to be
constructed, modernized, or converted will be made available to
all persons residing or employed in the area served by the
facility, and (ii) there will be made available in the facility or
portion thereof to be constructed, modernized, or converted a
reasonable volume of services to persons unable to pay therefor
and the Secretary, in determining the reasonableness of the volume
of services provided, shall take into consideration the extent to
which compliance is feasible from a financial viedwpoint.
"(2)(A) The Secretary may waive--,
"(i) the requirements of subparagraph (D) of paragraph (1) for
compliance with modernization and equipment standards prescribed
pursuant to section 1620(2), and
"(ii) the requirement of subparagraph (E) of paragraph (1)
respecting title to a project site,
in the case of an application for a project described in subparagraph
(B) of this paragraph.
"(B) A project referred to in subparagraph (A) is a project--,
"(i) for the modernization of an outpatient medical facility
which will provide general purpose health services, which is not
part of a hospital, and which will serve a medically underserved
population as defined in section 1624
// 42 USC 300s-3. //
or as designated by a health systems agency, and
"(ii) for which the applicant seeks a loan under part A the
principal maount of which does not exceed $20,000.".
(c) Part C (as so redesignated) of title XVI // 42 USC 300s-300s-5.
// is amended by adding at the end thereof the following new section:
"sec. 1627. // 42 USC 300s-5. // The Secretary shall investigate and
ascertain, on a periodic basis, with respect to each entity which is
receiving financial assistance under this title or which has received
financial assistance under title VI or this title, // 42 USC 291. //
the extent of compliance by such entity with the assurances required to
be made at the time such assistance was received. If the Secretary
finds that such an entity has failed to comply with any such assurance,
the Secretary shall report such noncompliance to the health systems
agency for the ehalth service area in which such entity is located and
the State health planning and development agency of the State in which
the entity is located and shall take any action authorized by law
(including an action for specific performance bvrought by the Attorney
General upon request of the Secretary) which will effct compliance by
the entity with such assurances. An action to effectuate compliance
with any such assurance may be brought by a person other than the
Secretary only if a complaint has been filed by such person with the
Secretary and the Secretary has dismissed such complaint or the Attorney
General has not brought a civil action for compliance with such
assurance within six months after the date on which the complaint was
filed with the Secretary.".
Sec. 203. (a) Part A (as so redesignated) of title XVI // 42 USC
300q, 300q-2. // is amended--,
(1) by striking out section 1621 and by redesignating sections
1620 and 1622 as section 1601 and 1602, respectively,
(2) by striking out "section 1622(d)" in subsection (a)(1) of
section 1601 (as so designated) and inserting in lieu thereof
"section 1602(d)", and
(3) by striking out "section 1620(b)(2)" each place it occurs
in subsection (d) of section 1602 (as so redesignated) and
inserting in lieu thereof "section 1601(a)(2)(B)".
(b) Section 1625 of part B // 42 USC 300r. // (as so redesignated)
is redesignated as section 1610.
(c) Subsection (a)(1) of section 1622 // 42 USC 300s-1a. // (as so
redesignated) is amended by striking out "section 1604" and inserting in
lieu thereof "section 1621 or 1642".
(d) Section 1623 // 42 USC 300s-2. // (as so redesignated) is
amended by striking out " STATE" in the heading for such section.
(e)(1) Section 1624 // 42 USC 300s-3. // (as so redesignated) is
amended by striking out paragraphs (1) and (2) and by redesignating
paragraphs (3) through (16) as paragraphs (1) through (14),
respectively.
(2) Section 2(f) of the Public Health Service Act // 42 USC 201. //
is amended by striking out "1531(1), and 1633(1)" and inserting in lieu
thereof "and 1531(1)".
(f) Section 1626 // 42 USC 300s-5. // (as so redesignated) is
amended (1) by striking out "nonprofit", and (2) by striking out
"section 1604" and inserting in lieu thereof "section 1621 or 1642".
(g)(1) Section 1602 // 42 USC 300q-2. // (as so redesignated) is
amended by adding at the end thereof the following:
"(f)(1) The Secretary may take such action as may be necessary to
prevent a default on a loan made or guaranteed under this part or under
title VI, // 42 USC 291. // including the waiver of regulatory
conditions, deferral of loan payments, renegotiation of loans, and the
expenditure of funds for technical and consultative assistance, for the
temporary payment of the interest and principal on such a loan, and for
other purposes. Any such expenditure made under the preceding sentence
on behalf of a medical facility shall be made under such terms on behalf
of a medical facility shall be made under such terms and conditions as
the Secretary shall prescribe, including the implementation of such
organizational, operational, and financial reform as the Secretary
determines are appropriate and the disclosure of such financial or other
information as the Secretary may require to determine the extent of the
implementation of such reforms.
"(2) The Secretary may take such action, consistent with State law
respecting foreclosure procedures, as he deems appropriate to protect
the interest of the United States in the event of a default on a loan
made or guaranteed under this part or under title VI, // 42 USC 291. //
including for a reasonable period of time taking pssession of, holding,
and using real property pledged as security for such a loan or loan
guarantee.".
(2) Paragraph (1) of subsection (d) of section 1602 // 42 USC 300q-2.
// (as so redesignated) is amended (A) by striking out "and" at the end
of subparagraph (D), (B) by striking out the period at the end of
subparagraph (E) and inserting in lieu thereof ", and", and (C) by
adding after subparagraph (E) the following:
"(F) to enable the Secretary to take the action authorized by
subsection (f).".
(3) Paragraph (2) of such subsection (d) is amended (A) by striking
out "and" at the end of subparagraph (D), (B) by inserting "and" at the
end of subparagraph (E), and (C) by adding after subparagraph (E) the
following:
"(F) to enable the Secretary to take the action authorized by
subsection (f),".
Sec. 204. The amendments made by this title // 42 USC 300q // shall
take effect October 1, 1979, except that the amendments made by section
201(b) // 42 USC 300q-300q-2. // respecting the payment of an interest
subsidy for a loan or loan guarantee made under part A of title XVI of
the Public Health Service Act shall apply only with respect to loans and
loan guarantees made after October 1, 1979, and with respect to loans
and loan guarantees made under such part before such date the Secretary
shall continue to pay the interest subsidy authorized for such loans and
loan guarantees before such date.
Sec. 301. (a) Title XVI, as amended by tgitle II of this Act, is
amended by adding at the end the following new part:
Voluntary
Discontinuance Of Unneeded Hospital Services And
The Conversion
Of Unneeded Hospital Services To Other Health
Services Needed by the Community
" Sec. 1641. // 42 USC 300t-11. // The Secretary shall, by April 1,
1980, establish a program under which--,
"(1) grants and technical assistance may be provided to
hospitals in operation on the date of the enactment of this part
(A) for the discontinuance of unneeded hospital services, and (B)
for the conversion of unneeded hospital services to other health
services needed by the community; and
"(2) grants may be provided to State Agencies designated under
section 1521(b)(3) for reducing excesses in resources and
facilities of hospitals.
" Sec. 1642. (a)(1) // 42 USC 300t-12. // a grant to a hospital
under the program shall be subject to such terms and conditions as the
Secretary maqy be regulation prescribe to assure that the grant is used
for the purpose for which it was made.
"(2) The amount of any such grant shall be determined by the
Secretary. The recipient of such a grant may use the grant--,
"(A) in the case of a grantee which discontinues the provision
of all hospital services of all inpatient hospital services or an
identifiable part of a hospital facility which provides inpatient
hospital services, for the liquidatgion of the outstanding debt on
the facilities of the grantee used for the provision of the
services or for the liquidation of the outstanding debt of the
grantee on such identifiable part;
"(B) in the case of a grantee which in discontinuing the
provision of an inpatient hospital service converts or proposes to
convert an identifiable part of a hospital facility used in the
provision of the discontinued service to the delivery of other
health services, for the planning, development (including
construction and acquisition of equipment), and delivery of the
health service;
"(C) to provide reasonable termination pay for personnel of the
grantee who will lose employment because of the discontinuance of
hospital services made by the grantee, retraining of such
personnel, assisting such personnel in securing employment, and
other costs of implementing arrangements described in subsection
(c); and
"(D) for such other costs which the Secretary determines may
need to be incurred by the grantee in discontinuing hospital
services.
"(b)(1) No grant may be made to a hospital unless an application
therefor is submitted to and approved by the Secretary. Such an
application shall be in such form and submitted in such manner as the
Secretary may prescribe and shall include--,
"(A) a description of each service to be discontinued and, if a
part of a hospital is to be discontinued or converted to another
use in connection with such discontinuance, a description of such
part;
"(B) an evaluation of the impact of such discontinuance and
conversion on the provision of health care in the health service
area in which such service is provided;
"(C) an estimate of the change in the applicant's costs which
will result from such discontinuance and conversion; and employed
by contractors or subcontractors in the performance of work on a
project will 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 Act of March 3, 1931 (40
U.S.C. 276a - 276a-5, known as the Davis -Bacon Act), and 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 FR 3176; 5 U.S.C. 276c);
"(E) such other information as the Secretaryh may require.
"(2)(A) The health systems agency for the health service area in
which is located a hospital applying for a grant under the program shall
(i) in making the review of the applicant's application under section
1513(e), // 42 USC 300l-2. // determine the need for each service or
part proposed to be discontinued by the applicant, (ii) in the case of
an application for the conversion of a facility, determine the need for
each service which will be provided as a result of the conversion, and
(iii) make a recommendation to the State Agency for the State in which
the applicant is located respecting approval by the Secretaryof the
applicant's application.
"(B) A State Agency which has received a recommendation from a health
systems agency under subparagraph (A) respecting an application shall,
after consideration of such recommendation, make a recommendation to the
Secretary respecting the approval by the Secretary of the application.
A State Agency's recommendation under this subparagraph respecting the
approval of an application (i) shall be based upon (I) the need for each
service or part proposed to be discontinued by the applicant, (II) in
the case of an application for the conversion of a facility, the need
for each service which will be provided as a result of the conversion,
and (III) such other criteria as the Secretary may prescribe, and (ii)
shall be accompanied by the health systems agency's recommendation made
with respect to the approval of the application.
"(C) In determining, under subparagraphs (A) and (B), the need for
the service (or services) or part proposed to be discontinued or
converted by an applicant for a grant, a health systems agency and State
Agency shall give special consideration to the unmet needs and existing
access patterns of urban or rural poverty populations.
"(3)(A) The Secretary may not approve an application of a hospital
for a grant--,
"(ii) if the Secretary is unable to determine that the cost of
providing inpatient health services in the health service area in
which the applicant is located will be less than if the inpatient
health services proposed to be discontinued were not discontinued.
"(B) In considering applications of hospitals for grants the
Secretary shall consider the recommendations of health systems agencies
and State Agencies and shall give special consideration to applications
(i) which will assist health systems agencies and State Agencies to meet
the goals in their health systems plans and State health plans, or (ii)
which will result in the greatest reduction in hospital costs wthin a
health service area.
"(c)(1) Except as provided in paragraph (3), the Secretary may not
approve an application submitted under subsection (b) unless the
Secretary of Labor has certified that fair and equitable arrangements
have been made to protect the interests of employees afffected by the
discontinuance of services against a worsening of their positions with
respect to their employment, including arrangements to preserve the
rights of employees under collective-bargaining agreements, continuation
of collective-bargaining rights consistent with tghe provisions of the
National Labor Relations Act, // 29 TUSC 167. // reassignment of
affected employees to other jobs, retraining programs, protecting
pension, health benefits, and other fringe benefits of affected
employees, and arranging adequate serverance pay, if necessary.
"(2) The Secretary of Labor shall be regulation prescribe guidelines
for arrangements for the protection of the interests of employees
affected by the discontinuance of hospital services. The Secretary of
Labor shall consult with the Secretary of Health, Education, and Welfare
in the promulgation of such guidelines. Such guidelines shall first be
promulgated not later than the promulgation of regulations by the
Secretary for the administration of the grants authorized by section
1641.
"(3) The Secretary of Labor shall review each application submitted
under subsection (b) to determine if the arreangements described in
paragraph (1) have been made and if they are satgisfactory and shall
notify the Secretary respecting his determination. Such review shall be
completed within--,
"(A) ninety days from the date of the receipt of the
application from the Secretary of Health, Education, and Welfare,
or
"(B) one hundred and twentgy days from such date if the
Secretary of Labor has by regulation prescribed the circumstances
under which the review will require at least one hundred and
twenty days.
If within the applicable period, the Secretaryof Labor does not notify
the Secretary of Health, Education, and Welfare respecting his
determination, the Secretary of Health, Education, and Welfare shall
review the application to determine if the applicant has made the
arrangements described in paragraph (1) and if such arrangements are
satisfactory. The Secretary may not approve the application unless he
determines that such arrangements have been made and that thney are
satisfactory.
"(d) The records and audits requirements of section 705 // 42 USC
292e. // shall apply with respect to grants made under subsection (a).
"(e) For purposes of this part, the term 'hospital' means, with
respect to any fiscal year, an institution (including a distinct part of
an institution participating in the // 42 USC 1395. // programs
established under title XVIII of the Social Security Act)--,
"(1) which satisfies paragraphs (1) and (7) of section 1861(e)
of such Act,
"(2) imposes charges or accepts payments for services provided
to patients, and
"(3) the average duration of a patient's stay in which was
thirty days or less in the preceding fiscal year,
but such term does not include a Federal hospital or a phychiatric
hospital (as described in section 1861(f)(1) of the Social Security
Act). // 42 USC 1395x. //
CAPACITY
" Sec. 1643. (a) // 42 USC 300t-13. // For the purpose of
demonstrating the effectiveness of various means for reducing excesses
in resources and facilities of hospitals (referred to in this section as
'excess hospital capacity'), the Secretary may make grants to State
Agencies designated under section 1521(b)(3) // 42 USC 300m-2. // to
assist such Agencies in--,
"(1) identifying (by geographic region or by health service)
excess hospital capacity,
"(2) developing programs to inform the public of the costs
associated with excess hospital capacity,
"(3) developing programs to reduce excess hospital capacity in
a manner which will produce the greatest savings in the cost of
health care delivery,
"(4) developing means to overcome barriers to the reduction of
excess hospital capacity, "(5) in planning, evaluating, and
carrying out programs to decertify health care facilities
providing health services that are not appropriate, and
"(6) any other activity related to the reduction of excess
hospital capacity.
"(b) Grants under subsection (a) shall be made on such terms and
conditions as the Secretary may prescribe.
" Sec. 1644. To make payments under grants under section 1642 and
1643 // 42 USC 300t-14. // there are authorized to be appropriated
0,000,000 for the fiscal year ending September 30, 1980, $50,000,000 for
the fiscal year ending September 30, 1981, and $75,000,000 for the
fiscal year ending September 30, 1982, except that in any fiscal year
not more than 10 percent of the amount appropriated under this section
may be obligated for grants under section 1643.".
(b) Section 1624 // 4i USC 300s-3. // is amended by striking out "
Fro purposes of this title" and inserting in lieu thereof " Except as
provided in section 1642(e), for purposes of this title".
Sec. 302. // 42 USC 300t-11 // The Secretary of Health, Education,
and Welfare shall conduct a study of the effect on the elimination of
unneeded hospital services made during the two fiscal year period ending
September 30, 1981, by the program authorized by part E of title XVI of
the Public Health Service Act. The Secretary shall not later than
January 1, 1982, report the results of the study to Congress together
with his recommendations for any revisions in the program under such
part E which he determines to be appropriate, including any revision in
the authorizations of appropriations for grants under such program.
Approved October 4, 1979.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 96 190 accompanying H.R. 3917 (Comm. on
Interstate and Foreighn Commerce) and No. 96 - 420 (Comm. of
Conference).
SENATE REPORTS: No 96 - 96 (Comm. on Labor and Human Resources) and
No. 96 - 309 (Comm. of Conference).
CONBRESSIONAL RECORD, Vol. 125 (1979):
May 1, considered and passed Senate.
July 19, H.R. 3917 considered and passed House; passage
vacated and S. 544, amended, passed in lieu.
Sept. 20, House agreed to conference report.
Sept. 21, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 15, No. 40:
Oct. 4, Presidential statement.
PUBLIC LAW 96-78, 93 STAT, 589
limit, and to amend the Rules
of the House of Representatives to make possible the
establishment of the public
debt limit in the future as a part of the congressional
budget process.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Sec. 101. (a) During the period beginning on the date of the
enactment of this Act and ending on May 31, 1980, the public debt limit
set forth in the first sentence of section 21 of the Second Liberty Bond
Act (31 U.S.C. 757b) shall be temporarily increased by $479,000,000,000.
(b) Effective on the date of the enactment of this Act, the first
section of the Act of April 2, 1979, entitled " An Act to provide for a
temporary increase in the public debt limit, and for other purposes"
(Public Law 96 - 5), is hereby repealed.
Sec. 102. The last sentence of the second paragraph of the first
section of the Second Liberty Bond Act (31 U.S.C. 752) is amended by
striking out "$40,000,000,000" and inserting in lieu thereof
"$50,000,000,000".
PART
OF CONGRESSIONAL BUDGET PROCESS
Sec. 201. (a) The Rules of the House of Representatives are amended
by adding at the end thereof the following new rule:
DEBT
"1. Upon the adoption by the Congress (under section 301, 304, or
310 of the Congressional Budget Act of 1974) // 31 USC 1322, 1325, 1331.
// of any concurrent resolution on the budget setting forth as the
appropriate level of the public debt for the period to which such
concurrent resolution relates an amount which is different from the
amount of the statutory limit on the public debt that would otherwise be
in effect for such period, the enrolling clerk of the House of
Representatives shall prepare an engrossment of a joint resolution, in
the form prescribed in clause 2, increasing or decreasing the statutory
limit on the public debt by an amount equal to the difference between
such limit and such appropriate level. The vote by which the conference
report on the concurrent resolution on the budget was agreed to in the
House (or by which the concurrent resolution itself was adopted in the
House, if there is no conference report) shall be deemed to have been a
vote in favor of such joint resolution upon final passage in the House
of Representatives. Upon the engrossment of such joint resolution it
shall be deemed to have passed the House of Representatives and been
duly certified and examined; the engrossed copy shall be signed by the
Clerk and transmitted to the Senate for further legislative action; and
(upon final passage by both Houses) the joint resolution shall be signed
by the presiding officers of both Houses and presented to the President
for his signature (and otherwise treated for all purposes) in the manner
provided for bills and joint resolutions generally.
"2. The matter after the resolving clause in any joint resolution
described in clause 1 shall be as follows: ' During the period
beginning
and ending ,the public debt limit set
forth
in the first sentence of section 21 of the Second Liberty Bond Act (31
U.S.C. 757b) shall be temporarily increased or decreased by $ (and any
other provision of law providing for a temporary increase or decrease in
such limit shall not apply).'; with the first two blanks being filled
with the beginning and ending dates of the fiscal year or other period
to which the concurrent resolution on the budget just agreed to relates,
and with the third blank being filled with a dollar figure equal to the
difference between the statutory limit on the public debt as set forth
in section 21 of the Second Liberty Bond Act // 31 USC 757b // and the
appropriate level of the public debt as set forth in such concurrent
resolution.
"3. The report of the Committee on the Budget of the House of
Representatives accompanying any concurrent resolution on the budget
under section 301(d) of the Congressional Budget Act of 1974, // 31 USC
1322. // as well as the joint explanatory statement accompanying the
conference report on any concurrent resolution on the budget, shall
contain a clear statement of the effect under this rule that the
adoption by both the House and the Senate of such concurrent resolution
in the form in which it is being reported (and the adoption of the joint
resolution thereupon prepared and enrolled under clause 1) would have
upon the statutory limit on the public debt. It shall not be in order
in the House of Representatives at any time to consider or adopt any
concurrent resolution on the budget (or agree to any conference report
thereon) if at that time the report accompanying such concurrent
resolution (or the joint statement accompanying such conference report)
does not comply with the requirements of this clause.
"4. Nothing in this rule shall be construed as limiting or otherwise
affecting the power of the House of Representatives or the Senate to
consider and pass a bill which (without regard to the procedures under
clause 1) changes the statutory limit on the public debt most recently
established under this rule or otherwise; and the rights of Members and
committees of the House with respect to the introduction, consideration,
and reporting of any such bill shall be determined as though this rule
had not been adopted.
"5. As used in this rule, the term 'statutory limit on the public
debt' means the maximum face amount of obligations issued under
authority of the Second Liberty Bond Act // 31 USC 774. // and
obligations guaranteed as to principal and interest by the United States
(except such guaranteed obligations as may be held by the Secretary of
the Treasury), determined under section 21 of such Act // 31 USC 757b.
// after the application of the second sentence thereof, which may be
outstanding at any one time.".
(b)(1) Clause 1(v)(5) of rule X of the Rules of the House of
Representatives is amended by inserting "(subject to the last sentence
of clause 4(g) of this rule)" after " United States".
(2) Clause 4(g) of rule X of the Rules of the House of
Representatives is amended by adding at the end thereof the following
new sentence: " The views and estimates submitted by the Committee on
Ways and Means under the preceding sentence shall include a specific
recommendation, made after holding public hearings, as to the
appropriate level of the public debt which should be set forth in the
concurrent resolution on the budget referred to in such sentence and
serve as the basis for an increase or decrease in the statutory limit on
such debt under the procedures provided by rule XLIX.".
(c) Clause 8 of rule XXIII of the Rules of the House of
Representatives is amended--,
(1) by inserting "(except to the extent that the amendment
involved is limited by the third sentence of this clause)" after
"mathematically consistent"; and
(2) by adding at the end thereof the following new sentence: "
It shall not be in order in the House or in a Committee of the
Whole to consider an amendment to a concurrent resolution on the
budget, or any amendment to an amendment thereto, which changes
the amount of the appropriate level of the public debt set forth
in the concurrent resolution as reported; except that the
amendments to achieve mathematical consistency which are permitted
under section 305(a)(6) of the Congressional Budget Act of 1974
// 31 USC 1326. //
may include an amendment, offered by or at the direction of the
Committee on the Budget, to adjust the amount of such level to
reflect any changes made in the other figures contained in the
resolution.".
Sec. 202. The first sentence of section 21 of the Second Liberty
Bond Act (31 U.S.C. 757b) is amended by inserting before the period at
the end thereof the following: ", subject to any increases or decreases
in such limit which may from time to time be provided by law (through
the congressional budget process as described in rule XLIX of the Rules
of the House of Representatives or otherwise)".
Sec. 203. The amendments made by this title // 31 USC 757b // shall
apply with respect to concurrent resolutions on the budget for fiscal
years beginning on or after October 1, 1980.
Approved September 29, 1979.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 472, pt. 1 (Comm. on Ways and Means).
CONGRESSIONAL RECORD, Vol. 125 (1979):
Sept. 26, considered and passed House.
Sept. 28, considered and passed Senate.
PUBLIC LAW 96-77, 93 STAT, 588
date of the Defense
Production Act of 1950.
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the first sentence of
section 717(a) of the Defense Production Act of 1950 (50 U.S.C. App.
2166(a)) is amended by striking out " September 30, 1979" and inserting
in lieu thereof " January 28, 1980".
Approved September 29, 1979.
LEGISLATIVE HISTORY:
CONGRESSIONAL RECORD, Vol. 125 (1979):
Sept. 25, considered and passed House.
Sept. 27, considered and passed Senate.
PUBLIC LAW 96-76, 93 STAT, 579, NURSE TRAINING AMENDMENTS OF 1979
to extend through fiscal year
1980 the program of assistance for nurse training, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Sec. 101. (a) This title // 42 USC 201 // may be cited as the "
Nurse Training Amendments of 1979".
(b) Whenever in this Act (other than sections 204, 208, and 313) an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of the Public Health Service
Act. // 42 USC 201 //
Sec. 102. Section 801 (relating to authorizations for construction
grants) (42 U.S.C. 296) is amended by striking out "and" after "1977,"
and by inserting after "for fiscal year 1978" the following: ", and
$2,000,000 for the fiscal year ending September 30, 1980".
Sec. 103. (a) Subsections (a) and (b) of section 805 (relating to
loan guarantees and interest subsidies) (42 U.S.C. 296d) are each
amended by striking out "1978" and inserting in lieu thereof "1980".
(b) Subsection (e) of such section is amended by inserting after "in
fiscal year 1978" the following: "and in each of the next two fiscal
years".
Sec. 104. Subsection (f)(1) of section 810 (relating to capitation
grants) (42 U.S.C. 296e) is amended by striking out "and" after "1977,"
and by inserting after "fiscal year 1978" the following: "and
$24,000,000 for the fiscal year ending September 30, 1980".
Sec. 105. The first sentence of subsection (d) of section 820
(relating to special project grants and contracts) (42 U.S.C. 296k) is
amended by striking out "and" after "1977," and by inserting before the
period the following: ", and $17,000,000 for the fiscal year ending
September 30, 1980".
Sec. 106. Subsection (b) of section 821 (relating to advanced nurse
training programs) (42 U.S.C. 2961) // 42 USC 296l. // is amended by
striking out "and" after "1977," and by inserting after "for fiscal year
1978" the following: ", and $13,500,000 for the fiscal year ending
September 30, 1980".
Sec. 107. Subsection (e) of section 822 (relating to nurse
practitioner programs) (42 U.S.C. 296m) is amended by striking out "and"
after "1977," and by inserting before the period the following: ", and
$15,000,000 for the fiscal year ending September 30, 1980".
Sec. 108. Subsection (b) of section 830 (relating to traineeships)
(42 U.S.C. 297) is amended by striking out "and" after "1977," and by
inserting before the period ", and $15,000,000 for the fiscal year
ending September 30, 1980".
Sec. 109. (a) Subsection (b)(4) of section 835 (relating to loan
agreements) (42 U.S.C. 297a) is amended by striking out "1978" and
inserting in lieu thereof "1980".
(b) Section 837 (relating to authorizations for student loan funds)
(42 U.S.C. 297c) is amended (1) by striking out "and" after "1977," in
the first sentence and (2) by inserting before the period in the first
sentence ", and $13,500,000 for the fiscal year ending September 30,
1980", (3) by striking out "fiscal year 1979" and inserting in lieu
thereof "the fiscal year ending September 30, 1981", and (4) by striking
out " October 1, 1978" and inserting in lieu thereof " October 1, 1980".
(c)(1) Subsection (a) of section 839 (relating to distribution of
assets) (42 U.S.C. 297e) is amended by striking out " September 30,
1980, and not later than December 31, 1981" and inserting in lieu
thereof " September 30, 1983, and not later than December 31, 1983".
(2) Paragraph (1) of such subsection is amended by striking out
"1980" and inserting in lieu thereof "1983".
(3) Subsection (b) of such section is amended by striking out "1980"
each place it occurs and inserting in lieu thereof "1983".
Sec. 110. (a) Subsection (b) of section 845 (relating to scholarship
grants) (42 U.S.C. 297j) is amended (1) by striking out "next two fiscal
years" in the first sentence and inserting in lieu thereof "next four
fiscal years", (2) by striking out "1979" and inserting in lieu thereof
"1981", and (3) by striking out "1978" and inserting in lieu thereof
"1980".
(b) Subsection (c)(1) of such section is amended (1) by striking out
"next two fiscal years" in subparagraph (A) and inserting in lieu
thereof "next four fiscal years", (2) by striking out "1978" in
subparagraph (B) and inserting in lieu thereof "1980", and (3) by
striking out "1979" in such subparagraph and inserting in lieu thereof
"1981".
(c) The amendments made by subsections (a) and (b) // 42 USC 297j //
do not authorize appropriations for the fiscal year ending September 30,
1979, for scholarships under section 845 of the Public Health Service
Act // 42 USC 297j. // in addition to the amount available for such
scholarships under section 101(a) of Public Law 95 - 482. // 92 Stat.
1603. //
Sec. 111. Subpart I of part B of title VIII (relating to
traineeships) is amended by adding after section 830 (42 U.S.C. 297) the
following new section:
" Sec. 831. // 42 USC 297 - 1. // (a)(1) The Secretary may make
grants to public or private nonprofit institutions to cover the costs of
traineeships for the training, in programs which meet such requirements
as the Secretary shall by regulation prescribe and which are accredited
by an entity or entities designated by the Commissioner of Education, of
licensed, registered nurses to be nurse anesthetists.
"(2) Payments to institutions under this subsection may be made in
advance or by way of reimbursement, and at such intervals and on such
conditions, as the Secretary finds necessary. Such payments may be used
only for traineeships and shall be limited to such amounts as the
Secretary finds necessary to cover the costs of tuition and fees, and a
stipend and allowances (including travel and subsistence expenses) for
the trainees.
"(b) For the purpose of making grants under subsection (a), there are
authorized to be appropriated $2,000,000 for the fiscal year ending
September 30, 1980.".
Sec. 112. Section 836(b)(3) (relating to student loans) (42 U.S.C.
297b(b)(3)) is amended (1) by inserting after "(3)" the following: "in
the case of a student who received such a loan before the date of
enactment of the Nurse Training Amendments of 1979,", and (2) by
striking out "any such loan" and inserting in lieu thereof "any such
loan made before such date".
Sec. 113. // 42 USC 296 // (a)(1) The Secretary of Health, Education,
and Welfare (hereinafter in this section referred to as the "
Secretary") shall arrange, in accordance with subsection (b), for the
conduct of a study--,
(A) to determine the need to continue a specific program of
Federal financial support for nursing education,
(B) to determine the reasons nurses do not practice in
medically underserved areas and to develop recommendations for
actions which could be taken to encourage nurses to practice in
such areas, and
(C) to determine the rate at which and the reasons for which
nurses leave the nursing profession and to develop recommendations
for actions which could be taken to encourage nurses to remain or
re-enter the nursing profession, including actions involving
practice settings conducive to the retention of nurses.
(2) The part of the study described in paragraph (1)(A), shall
include consideration of the following:
(A) The need for nurses under the present health care delivery
system and under such system as it may be modified by increased
use of ambulatory care facilities or as it may be changed by the
enactment of legislation for national health insurance.
Determination of such need shall include determination of the need
for nurses trained in each type of school of nursing (as defined
in section 853(2) of the Public Health Service Act),
// 42 USC 298b. //
for nurses with graduate training in the varying nurse
practitioner clinical specialties, and for nurse administrators
and nurse educators.
(B) The cost of nursing education and a comparison of the cost
of education at each type of school of nursing (as so defined) and
comparison of the cost of each of the graduate programs of
nursing.
(C) The availability of other sources of support for nursing
education, including support under general programs of Federal
financial support for postsecondary education, under State and
other public programs, and from private sources.
(b)(1) The Secretary shall first request the National Academy of
Sciences (hereinafter in this section referred to as the " Academy"),
acting through the Institute of Medicine, to conduct the study, required
by subsection (a), under an arrangement whereby the actual expenses
incurred by the Academy directly related to the conduct of such study
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 such
study under such an arrangement, then the Secretary, after consulting
with the Committee on Labor and Human Resources of the Senate and the
Committee on Interstate and Foreign Commerce of the House of
Representatives, 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).
(4) The Secretary shall undertake such preliminary activities as may
be necessary to enable the Secretary to enter into an arrangement for
the conduct of the study at the earliest possible date.
(c) Not later than six months after the date the arrangement for the
conduct of the study is entered into under subsection (b), the Secretary
and the entity conducting the study shall each report to the Committee
on Human Resources of the Senate and the Committee on Interstate and
Foreign Commerce of the House of Representatives their respective
preliminary recommendations respecting the matters described in
subparagraphs (A), (B), and (C) of subsection (a)(1) and, if a need for
continued Federal financial support for nursing is found, the form in
which the support should be provided. Not later than two years after
such date, the Secretary and the entity which conducted the study shall
each report to such Committees recommendations respecting such matters
(including the form of Federal financial support for nursing) and the
basis for such recommendations.
Sec. 201. Section 729(a) (relating to limits on Federal loan
insurance and insured loans) (42 U.S.C. 294b(a)) is amended--,
(1) by inserting before the period in the first sentence a
comma and the following: "except that in the case of loans to
students in schools of medicine, osteopathy, and dentistry, the
Secretary may increase the total of such loans which may be
covered by Federal loan insurance to $15,000 if he determines that
the costs of education at such schools requires such increase";
and
(2) by inserting before the period in the second sentence a
comma and the following: "except that the Secretary may increase
such amount for borrowers who are or were students in schools of
medicine, osteopathy, and dentistry to $60,000 if he determines
that the costs of education at such schools requires such
increase".
Sec. 202. (a) Section 752(b)(5)(A) (relating to service requirements
for National Health Service Corps scholarships) (42 U.S.C.
294u(b)(5)(A)) is amended by striking out "(not to exceed three years)"
and inserting in lieu thereof "(not to exceed three years or such
greater period as the Secretary, consistent with the needs of the Corps,
may authorize)".
(b)(1) Such section 752(b)(5)(A) is further amended by adding after
the first sentence the following: " With respect to an individual
receiving a degree from a school of veterinary medicine, optometry,
podiatry, or pharmacy, the date referred to in paragraphs (1) through
(4) shall be the date upon which the individual completes the training
required for such degree, except that the Secretary shall, at the
request of such individual, defer such date until the end of the period
of time (not to exceed one year or such greater period as the Secretary,
consistent with the needs of the Corps, may authorize) required for the
individual to complete an internship, residency, or other advanced
clinical training.".
(2) The last sentence of such section is amended by striking out
"such".
(3) Section 752(b)(5)(B) // 42 USC 294u. // is amended by striking
out "other than a school of medicine, osteopathy, or dentistry" and
inserting in lieu thereof "other than a school referred to in
subparagraph (A)".
(c) Section 338(a) // 42 USC 254k. // is amended by striking out
"$70,000,000" and inserting in lieu thereof "$82,000,000".
Sec. 203. Section 781(c) (relating to requirements for participation
of schools in area health education center programs) (42 U.S.C.
295g-1(c)) is amended by adding after and below paragraph (4) the
following: " The requirement of paragraph (3) shall not apply to a
medical or osteopathic school participating in an area health education
center program if another such school participating in the same program
meets the requirement of that paragraph.".
Sec. 204. Section 802(a) of the Health Professions Educational
Assistance Act of 1976 // 42 USC 295g-1 // (relating to transitional
provisions on area health education centers) is amended--,
(1) by striking out "for the next fiscal year" and inserting in
lieu thereof "for the next three fiscal years";
(2) by striking out "no payment shall be made to an entity
under such a contract" and inserting in lieu thereof "no payment
under such a contract shall be made to an entity which had not
first entered into such a contract before October 12, 1976, (1)";
and
(3) by inserting before the period at the end thereof the
following: ", or (2) for any fiscal year beginning after
September 30, 1979".
Sec. 205. (a) Paragraph (4) of section 788(b) (42 U.S.C. 295g-8(b)(
4)) is repealed and paragraphs (5) and (6) of such section are
redesignated as paragraphs (4) and (5), respectively.
(b) Subparagraph (B) of section 788(e)(2) // 42 USC 295g-9. // is
amended by striking out "$5,000,000" and inserting in lieu thereof
"$10,000,000".
Sec. 206. (a) Section 748(b)(3)(B) (42 U.S.C. 294e(b)(3)(B)) // 42
USC 294r. // is amended (1) by striking out "or" at the end of clause
(iv), (2) by striking out the period at the end of clause (v) and
inserting in lieu thereof ", or", and (3) by adding after clause (v) the
following:
"(vi) maternal and child health.".
(b) Section 792(a) (42 U.S.C. 295h-1(a)) is amended (1) by striking
out "or" at the end of paragraph (3), (2) by striking out the period at
the end of paragraph (4) and inserting in lieu thereof ", or", and (3)
by adding after paragraph (4) the following new paragraph:
"(5) maternal and child health.".
Sec. 207. Section 771(d)(5) (42 U.S.C. 295f-1(d)(5)) is amended by
striking out "may waive (in whole or in part) application to a school of
dentistry of the requirement of any paragraph of this subsection if the
Secretary" and inserting in lieu thereof "may--,
"(A) in the case of a school of dentistry which increased its
enrollment of full-time first-year students in accordance with
paragraph (3), waive (in whole or in part and under such
conditions as the Secretary may prescribe) application of the
requirement of subsection (a)(1) that it maintain its increased
enrollment of such students, and
"(B) in the case of any school of dentistry, waive (in whole or
in part) application of the requirement of any paragraph of this
subsection,
if the Secretary determines".
Sec. 208. Section 401 of the Health Programs Extension Act of 1973
(42 U.S.C. 300a-7) is amended by adding at the end thereof the following
new subsection:
"(e) No entity which receives, after the date of enactment of this
paragraph, any grant, contract, loan, loan guarantee, or interest
subsidy under the Public Health Service Act, // 42 USC 201 // the
Community Mental Health Centers act, // 42 USC 6001 // or the
Developmental Disabilities Assistance and Bill of Rights Act // 42 USC
6001 // may deny admission or otherwise discriminate against any
applicant (including applicants for internships and residencies) for
training or study because of the applicant's reluctance, or willingness,
to counsel, suggest, recommend, assist, or in any way participate in the
performance of abortions or sterlizations contrary to or consistent with
the applicant's religious beliefs or moral convictions.".
Sec. 209. Section 1701(b) (42 U.S.C. 300u(b)) is amended by striking
out "and" after "1978," and by inserting before the period a comma and
the following: "$14,000,000 for the fiscal year ending September 30,
1980, $15,000,000 for the fiscal year ending September 30, 1981, and
$16,000,000 for the fiscal year ending September 30, 1982".
Sec. 301 // 42 USC 201 // This title may be cited as the " Public
Health Service Administrative Amendments of 1979".
Sec. 302. (a) Section 203 (42 U.S.C. 204) is amended by adding at
the end thereof the following new sentence: " Warrant officers may be
appointed to the Service for the purpose of providing support to the
health and delivery systems maintained by the Service and any warrant
officer appointed to the Service shall be considered for purposes of
this Act and title 37, United States Code, to be a commissioned officer
within the commissioned corps of the Service.".
(b) Section 205(b) (42 U.S.C. 206(b)) is amended by striking out
"six" and inserting in lieu thereof "eight" and by inserting after "the
Chief Dental Officer of the Service," the following: "the Chief Nurse
Officer of the Service, the Chief Pharmacist Officer of the Service,".
Sec. 303. Section 205(c) (42 U.S.C. 206(c)) is amended to read as
follows:
"(c)(1) The Surgeon General, with the approval of the Secretary, is
authorized to create special temporary positions in the grade of
Assistant Surgeons General when necessary for the proper staffing of the
Service. The Surgeon General may assign officers of either the Regular
Corps or the Reserve Corps to any such temporary position, and while so
serving they shall each have the title of Assistant Surgeon General.
"(2) Except as provided in this paragraph, the number of special
temporary positions created by the Surgeon General under paragraph (1)
shall not on any day exceed 1 per centum of the highest number, during
the ninety days preceding such day, of officers of the Regular Corps on
active duty and officers of the Reserve Corps on active duty for more
than thirty days. If on any day the number of such special temporary
positions exceeds such 1 per centum limitation, for a period of not more
than one year after such day, the number of such special temporary
positions shall be reduced for purposes of complying with such 1 per
centum limitation only by the resignation, retirement, death, or
transfer to a position of a lower grade, of any officer holding any such
temporary position.".
Sec. 304. (a) The third sentence of subsection (a) of section 206
(42 U.S.C. 207(a)) is amended by striking out paragraphs (5) and (6) and
inserting in lieu thereof the following:
"(5) Officers of the assistant grade--first lieutenant;
"(6) Officers of the junior assistant grade--second lieutenant;
"(7) Chief warrant officers of (W-4) grade--chief warrant
officer (W-4);
"(8) Chief warrant officers of (W-3) grade--chief warrant
officer (W-3);
"(9) Chief warrant officers of (W-2) grade--chief warrant
officer (W-2); and
"(10) Warrant officers of (W-1) grade--warrant officer (W-1).".
(b) Section 206(c) (42 U.S.C. 207(c)) is repealed.
(c) The first sentence of section 206(d) (42 U.S.C. 207(d)) is
amended by striking out "junior assistant grade" and inserting in lieu
thereof the following: "warrant officer (W-1) grade".
Sec. 305. Section 207(a)(1) (42 U.S.C. 209(a)(1)) is amended by
inserting immediately after "original appointments to the Regular Corps
may be made only in the" the following: "warrant officer (W-1), chief
warrant officer (W-2), chief warrant officer (W-3), chief warrant
officer (W-4),".
Sec. 306. Section 209(c) (42 U.S.C. 210b(c)) is amended by striking
out "assistant grade" and by inserting in lieu thereof the following:
"warrant officer (W-1) grade".
Sec. 307. (a) Section 210(d)(1) (42 U.S.C. 211(d)(1)) is amended by
striking out " Officers in the junior assistant grade" and by inserting
in lieu thereof the following: " Officers in the warrant officer (W-1)
grade, chief warrant officer (W-2) grade, chief warrant officer (W-3)
grade, chief warrant officer (W-4) grade, and junior assistant grade".
(b) Section 210(g) (42 U.S.C. 211(g)) is amended--,
(1) in the first sentence by striking out "an officer of the
Regular Corps in the junior assistant grade" and inserting in lieu
thereof the following: "an officer of the Regular Corps in the
warrant officer (W-1) grade or junior assistant grade";
(2) in the second sentence by striking out "an officer of the
Regular Corps in the assistant, senior assistant," and inserting
in lieu thereof the following: "an officer of the Regular Corps
in the chief warrant officer (W-2), chief warrant officer (W-3),
assistant, senior assistant,";
(3) in paragraph (1) by striking out "if in the assistant
grade" and inserting in lieu thereof the following: "if in the
chief warrant officer (W-2) or assistant grade"; and
(4) in paragraph (2) by striking out "if in the senior
assistant grade" and inserting in lieu thereof the following: "if
in the chief warrant officer (W-3) or senior assistant grade".
Sec. 308. Section 211(e) (42 U.S.C. 212(e)) is amended by striking
out "a part of a year of active service of six months or more shall be
counted as a whole year and a part of a year of active service which is
less than six months shall be disregarded" and by inserting in lieu
thereof the following: "a part of a year that is six months or more is
counted as a whole year, and a part of a year that is less than six
months is disregarded".
Sec. 309. (a) Section 214(c) (42 U.S.C. 215(c)) is amended by
striking out the comma immediately after "nonprofit educational
research" and by inserting immediately after " Service" the following:
"to any appropriate committee of the Congress or".
(b) Section 214(d) (42 U.S.C. 215(d)) is amended by inserting after
the first sentence the following new sentence: " In the case of detail
of personnel under subsections (b) or (c) to be paid from applicable
Service appropriations, the Secretary may condition such detail on an
agreement by the State, subdivision, or institution concerned that such
State, subdivision, or institution concerned shall reimburse the United
States for the amount of such payments made by the Service.".
Sec. 310. (a) The first sentence of section 218(b) (42 U.S.C. 218a(
b)) is amended to read as follows: " Any officer whose tuition, fees,
and other necessary expenses are paid pursuant to subsection (a) while
attending an educational institution or training program for a period in
excess of thirty days shall be obligated to pay to the Service an amount
equal to two times the total amount of such tuition,fees,and other
necessary expenses received by such officer during such period, and two
times the total amount of any compensation received by, and any
allowance paid to, such officer during such period, if after return to
active service such officer voluntarily leaves the Service within (1)
six months, or (2) twice the period of such attendance, whichever is
greater.".
(b) The third sentence of section 218(b) (42 U.S.C. 218a(b)) is
amended by striking out "reimbursement" wherever it appears and by
inserting in lieu thereof the following: "payment".
Sec. 311. Section 219(c) (42 U.S.C. 210 - 1(c)) is repealed.
Sec. 312. Section 221(a) (42 U.S.C. 213a(a)) is amended by adding at
the end thereof the following new paragraphs:
"(12) Section 1552, Correction of military records: claims
incident thereto.
"(13) Section 1553, Review of discharge or dismissal.
"(14) Section 1554, Review of retirement or separation without
pay for physical disability.".
Sec. 313. (a) The table in section 201(a) of title 37, United States
Code, is amended by striking out " Surgeon General." in the fourth
column of such table and by inserting in such column to correspond with
pay grade 0-9 the following: " Surgeon General.".
(b)(1) Section 1006(a) of title 37, United States Code, is amended by
inserting immediately after "member of an armed force" the following:
"or of the Public Health Service".
(2) Section 1006(b) of such title is amended by inserting immediately
after "member of an armed force" the following: "or of the Public
Health Service".
(3) Section 1006(c) of such title is amended by inserting immediately
after "member of an armed force" the following: "or of the Public
Health Service".
(4) Section 1006(c) of such title is amended by inserting immediately
after "members of the armed forces" the following: "or of the Public
Health Service".
(5) Section 1006(d) of such title is amended by inserting immediately
after "from his armed force" the following: "or from the Public Health
Service".
(6) Section 1006(e) of such title is amended by inserting before the
period the following: "and the Public Health Service".
(7) Section 1006(h) of such title is amended by inserting immediately
after "members of an armed force" the following: "or of the Public
Health Service".
(c) Section 415(d) of title 37, United States Code, is amended to
read as follows:
"(d) An allowance of $250 for uniforms and equipment may be paid to
each commissioned officer of the Public Health Service who is--,
"(1) on active duty or on inactive duty training status; and
"(2) required by directive of the Surgeon General to wear a
uniform.
An officer is not entitled to more than one allowance under this
subsection.".
Sec. 314. The amendments made by sections 303, 304, 305, 306, 307,
and 313 // 42 USC 206 // shall take effect on October 1, 1979.
Approved September 29, 1979.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 183 accompanying H.R. 3633 (Interstate and
Foreign Commerce).
SENATE REPORT No. 96 - 101 (Labor and Human Resources).
CONGRESSIONAL RECORD, Vol. 125 (1979):
May 7, considered and passed Senate.
July 23, 27, H.R. 3633 considered and passed House; passage
vacated and S. 230, amended, passed in lieu.
Sept. 7, Senate agreed to conference report.
Sept. 20, House agreed to conference report.
PUBLIC LAW 96-75, 93 STAT, 578
Department of Justice
Appropriation Authorization Act, Fiscal Year 1979,
for a certain period.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the authority, and
any limitation on authority, contained in the Department of Justice
Appropriation Authorization Act, Fiscal Year 1979, // 92 Stat. 1021 //
shall continue in effect with respect to activities of the Department of
Justice (including any bureau, office, board, division, commission, or
subdivision thereof) until the effective date of a general authorization
Act or the end of the sixtieth day after the date of the enactment of
this Act, whichever is earlier.
Approved September 29, 1979.
LEGISLATIVE HISTORY:
CONGRESSIONAL RECORD, Vol. 125 (1979):
Sept. 26, considered and passed House.
Sept. 27, considered and passed Senate.
PUBLIC LAW 96-74, 93 STAT, 559, TREASURY, POSTAL SERVICE, AND GENERAL
GOVERNMENT APPROPRIATIONS ACT, 1980
United States Postal
Service, the Executive Office of the President, and
certain Independent Agencies,
for the fiscal year ending September 30, 1980, and for
other purposes.
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 Treasury Department, the United States Postal
Service, the Executive Office of the President, and certain Independent
Agencies, for the fiscal year ending September 30, 1980, and for other
purposes, namely:
For necessary expenses of the Office of the Secretary, including the
operation and maintenance of the Treasury Building and Annex thereof;
hire of passenger motor vehicles; and not to exceed $15,000 for
official reception and representation expenses; $30,700,000 of which
not to exceed $100,000 shall be available for unforeseen emergencies of
a confidential character, to be allocated and expended under the
direction of the Secretary of the Treasury and to be accounted for
solely on his certificate.
For the necessary expenses of the international affairs function of
the Office of the Secretary; hire of passenger motor vehicles;
maintenance, repairs, and improvement of, and purchase of commercial
insurance policies for, real properties leased or owned overseas, when
necessary for the performance of official business; and not to exceed
$80,000 for official reception and representation expenses; $22,726,000
to be available only upon enactment into law of authorizing legislation.
For necessary expenses of the Federal Law Enforcement Training
Center, including purchase (not to exceed eight for police-type use) and
hire of passenger motor vehicles; not to exceed $60,000 for expenses
for student athletic and related activities; participation in firearms
matches; repair; and services as authorized by 5 U.S.C. 3109;
$13,003,000.
For necessary expenses of the Bureau of Government Financial
Operations, $190,361,000.
For payment of Government losses in shipment, in accordance with
section 2 of the Act approved July 8, 1937 (40 U.S.C. 722), $200,000, to
remain available until expended.
For necessary expenses of the Bureau of Alcohol, Tobacco and Firearms
including purchase of (not to exceed three hundred of which two hundred
and fifty shall be for replacement only, for police-type use), and hire
of passenger motor vehicles; hire of aircraft; and services of expert
witnesses at such rates as may be determined by the Director;
$138,482,600: Provided, That no funds appropriated herein shall be
available for administrative expenses in connection with consolidating
or centralizing within the Department of the Treasury the records of
receipt and disposition of firearms maintained by Federal firearms
licensees or for issuing or carrying out any provisions of the proposed
rules of the Department of the Treasury, Bureau of Alcohol, Tobacco and
Firearms, on Firearms Regulations, as published in the Federal Register,
volume 43, number 55, of March 21, 1978. // 43 FR 11800. //
For necessary expenses of the United States Customs Service,
including purchase of two hundred passenger motor vehicles for
replacement only, including one hundred and ninety for police-type use;
operation, and maintenance of aircraft; hire of passenger motor
vehicles and aircraft; and awards of compensation to informers as
authorized by the Act of August 13, 1954 (22 U.S.C. 401); $447,457,000,
of which not to exceed $150,000 shall be available for payment for
rental space in connection with preclearance operations; and of which
not to exceed $1,200,000 for research and studies shall remain available
until expended and of which at least $5,300,000 shall be available for
the Antidumping and Countervailing Duty Program: Provided, That none of
the funds made available by this Act shall be available for
administrative expenses to pay any employee overtime pay in an amount in
excess of $20,000.
For necessary expenses of the Bureau of the Mint, $59,047,000.
For necessary expenses connected with any public-debt issues of the
United States, $183,466,000.
For necessary expenses of the Internal Revenue Service, not otherwise
provided for, including executive direction, management services, and
centrally directed legal, technical, and internal audit and security
operations; including purchase (not to exceed seventy for replacement
only, for police-type use) and hire of passenger motor vehicles (31
U.S.C. 638a(a)); and services as authorized by 5 U.S.C. 3109 at such
rates as may be determined by the Commissioner; $142,908,000.
For necessary expenses of the Internal Revenue Service for processing
tax returns; revenue accounting; providing assistance to taxpayers;
statistical reporting; and hire of passenger motor vehicles (31 U.S.C.
638a(a)); $773,660,000.
For necessary expenses of the Internal Revenue Service for
determining and establishing tax liabilities; and hire of passenger
motor vehicles; and services as authorized by 5 U.S.C. 3109 at such
rates as may be determined by the Commissioner; $799,000,000.
For necessary expenses of the Internal Revenue Service for
investigation and enforcement activities; including purchase (not to
exceed three hundred and ninety-five for replacement only, for
police-type use) and hire of passenger motor vehicles (31 U.S.C. 638a(
a)); securing unfiled tax returns; collecting unpaid accounts;
employee plans; exempt organizations; and services as authorized by 5
U.S.C. 3109 at such rates as may be determined by the Commissioner;
$476,711,000.
TAX
For necessary expenses to carry out the energy credit provisions of
the Energy Tax Act of 1978 (Public Law 95 - 618), // 92 Stat. 3174. 26
USC 1 // $900,000.
For necessary expenses for the operation of the United States Secret
Service, including purchase (not to exceed two hundred and twelve for
police-type use for replacement only) and hire of passenger motor
vehicles; hire of aircraft; training and assistance requested by State
and local governments which may be provided without reimbursement;
rental of buildings in the District of Columbia, and fencing, lighting,
guard booths, and other facilities on private or other property not in
Government ownership or control as may be necessary to perform
protective functions; the conducting and participation in firearms
matches; $157,000,000, of which not to exceed $750,000 shall remain
available until expended, for payments to State and local governments
for protection of permanent and observer foreign diplomatic missions,
pursuant to Public Law 94 - 196 // 3 USC 202, 208. // including costs
of providing protection for motorcades and at other places associated
with a visit qualifying under section 202(7) of title 3, United States
Code; for travel of Secret Service employees on protective missions
without regard to the limitations on such expenditures in this or any
other Act: Provided, That approval is obtained in advance from the
House and Senate Committees on Appropriations: Provided further, That
funds appropriated herein will be available for repairs and alterations
of the Beltsville, Maryland, facility and for research and development.
Sec. 101. Appropriations in this Act to the Treasury Department
shall be available for uniforms or allowances therefor, as authorized by
law (5 U.S.C. 5901 - 2) including maintenance, repairs, and cleaning;
purchase of insurance for official motor vehicles operated in foreign
countries; entering into contracts with the Department of State for the
furnishing of health and medical services to employees and their
dependents serving in foreign countries; and services as authorized by
5 U.S.C. 3109.
Sec. 102. None of the funds appropriated by this title shall be used
in connection with the collection of any underpayment of any tax imposed
by the Internal Revenue Code of 1954 // 26 USC 1 // unless the conduct
of officers and employees of the Internal Revenue Service in connection
with such collection complies with subsection (a) of section 805
(relating to communication in connection with debt collection), and
section 806 (relating to harassment or abuse), of the Fair Debt
Collection Practices Act (15 U.S.C. 1692). // 15 USC 1962c, 1962d. //
Sec. 103. None of the funds made available pursuant to the
provisions of this Act shall be used to formulate or carry out any rule,
policy, procedure, guideline, regulation, standard, or measure which
would cause the loss of tax-exempt status to private, religious, or
church-operated schools under section 501(c)(3) of the Internal Revenue
Code of 1954 // 26 USC 501. // unless in effect prior to August 22,
1978.
This title may be cited as the " Treasury Department Appropriations
Act, 1980".
For payment to the Postal Service Fund for public service costs and
for revenue foregone on free and reduced rate mail, pursuant to 39 U.S.
C. 2401 (b) and (c), and for meeting the liabilities of the former Post
Office Department to the Employees' Compensation Fund and to postal
employees for earned and unused annual leave as of June 30, 1971,
pursuant to 39 U.S.C. 2004, $1,676,810,000: Provided, That no funds
appropriated herein shall be available for implementing special bulk
third-class rates for "qualified political committees" authorized by
Public Law 95 - 593, // 92 Stat. 2535. // other than the National,
State, or congressional committee of a major or minor party as defined
in Public Law 92 - 178, // 26 USC 1 // as amended.
This title may be cited as the " Postal Service Appropriation Act,
1980".
For compensation of the President, including an expense allowance at
the rate of $50,000 per annum as authorized by 3 U.S.C. 102, // 3 USC
102 // $250,000: Provided, That none of the funds made available for
official expenses shall be expended for any other purpose and any unused
amount shall revert to the Treasury pursuant to section 701 of title 31
of the United States Code: Provided, further, That none of the funds
made available for official expenses shall be considered as taxable to
the President.
For expenses necessary for the Office of Administration, $7,920,000,
including hire of passenger motor vehicles.
For expenses necessary for the White House Office as authorized by
law, including not to exceed $3,850,000 for services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 105, and other personal services as authorized
by 3 U.S.C. 105; including subsistence expenses as authorized by 3 U.
S.C. 105, which shall be expended and accounted for as provided in that
section; hire of passenger motor vehicles, newspapers, periodicals,
teletype news service, and travel (not to exceed $100,000 to be expended
and accounted for as provided by 3 U.S.C. 103); and not to exceed
$15,000 for official entertainment expenses, to be available for
allocation within the Executive Office of the President; $18,210,000.
For the care, maintenance, repair and alteration, refurnishing,
improvement, heating and lighting, including electric power and
fixtures, of the Executive Residence, at the White House and official
entertainment expenses of the President, $2,957,000, to be expended and
accounted for as provided by 3 U.S.C. 105, 109 - 110, 112 - 114. // 92
Stat. 2449, 2450. //
For the care, maintenance, repair and alteration, furnishing,
improvement, heating and lighting, including electric power and
fixtures, of the official residence of the Vice President, and not to
exceed $60,000 for official entertainment expenses of the Vice
President, to be accounted for solely on his certificate, $233,000:
Provided, That advances or repayments or transfers from this
appropriation may be made to any department or agency for expenses of
carrying out such activities.
For expenses necessary to enable the Vice President to provide
assistance to the President in connection with specially assigned
functions, services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 106,
including hire of passenger motor vehicles, $1,404,000.
For necessary expenses of the Council in carrying out its functions
under the Employment Act of 1946 (15 U.S.C. 1021), $2,075,000.
For expenses necessary for the Council on Wage and Price Stability as
authorized by the Council on Wage and Price Stability Act of 1974
(Public Law 93 - 387 as amended by Public Law 94 - 78 and Price Law 95 -
121), // 12 USC 1904 // $8,483,000: Provided, That no funds
appropriated herein shall be available for administrative expenses in
connection with enlisting voluntary individual or group participation
from the public to help monitor the performance of the Council's
anti-inflationary programs.
For necessary expenses of the Domestic Policy Staff, including
services as authorized by 5 U.S.C. 3109, and 3 U.S.C. 107, and other
personal services as authorized by 3 U.S.C. 107, $2,600,000.
For expenses necessary for the National Security Council, including
services as authorized by 5 U.S.C. 3109, $3,557,000.
For expenses necessary for the Office of Management and Budget,
including hire of passenger motor vehicles, services as authorized by 5
U.S.C. 3109, and not to exceed $2,500 for official reception and
representation expenses, $32,400,000.
For expenses of the Office of Federal Procurement Policy, including
services as authorized by 5 U.S.C. 3109, $3,000,000: Provided, That
there shall be transferred from the Department of Defense to the Office
of Federal Procurement Policy the functions performed by the Federal
Acquisition Institute, including personnel.
For expenses necessary to enable the President to meet unanticipated
needs, in furtherance of the national interest, security, or defense
which may arise at home or abroad during the current fiscal year, and to
pay administrative expenses (including personnel, in his discretion and
without regard to any provision of law regulating employment and pay of
persons in the government service or regulating expenditures of
government funds) incurred with respect thereto, $1,000,000.
This title may be cited as the " Executive Office Appropriations Act,
1980".
For necessary expenses of the Administrative Conference of the United
States, established by the Administrative Conference Act, as amended (5
U.S.C. 571 et seq.), $1,079,000.
For expenses necessary to carry out the provisions of the Act of
September 24, 1959, as amended (73 Stat. 703 - 706), $1,654,000.
For necessary expenses of the Advisory Committee on Federal Pay,
established by 5 U.S.C. 5306, $232,000.
Severely
Handicapped
For expenses necessary for the Committee for Purchase From the Blind
and Other Severely Handicapped established by the Act of June 23, 1971,
Public Law 92 - 28, // 41 USC 46. // including hire of passenger motor
vehicles, $481,000.
For expenses necessary to carry out the provisions of the Federal
Election Campaign Act Amendments of 1976, // 2 USC 431 // $8,646,000, of
which $400,000 shall be available only for activities, including
contract support, of the National Clearinghouse of the Federal Election
Commission.
The revenues and collections deposited into the fund pursuant to
section 210(f) of the Federal Property and Administrative Services Act
of 1949, as amended (40 U.S.C. 490(f)), shall be available for necessary
expenses of real property management and related activities not
otherwise provided for, including operation, maintenance, and protection
of federally owned and leased buildings; rental of buildings in the
District of Columbia; restoration of leased premises; moving
Government agencies (including space adjustments) in connection with the
assignment, allocation and transfer of space; contractual services
incident to cleaning or servicing buildings and moving; repair and
alteration of federally owned buildings, including grounds, approaches
and appurtenances; care and safeguarding of sites; maintenance,
preservation, demolition, and equipment; acquisition of buildings and
sites by purchase, condemnation, or as otherwise authorized by law;
conversion and extension of federally owned buildings; preliminary
planning and design of projects by contract or otherwise; construction
of new buildings (including equipment for such buildings); and payment
of principal, interest, taxes, and any other obligations for public
buildings acquired by purchase contract, in the aggregate amount of
$1,427,268,000, of which (1) not to exceed $36,380,000 shall remain
available until expended for construction of additional projects as
authorized by law at locations and at maximum construction improvement
costs (including funds for sites and expenses) as follows: New
Construction:
Mississippi:
Jackson, Motor Pool, $367,000
Texas:
El Paso, Federal Office Building, $21,573,000
Laredo, Border Station, $7,100,000
Utah:
Salt Lake City, Motor Pool, $282,000
Purchase:
Massachusetts:
Acquisition and Improvements of United States Postal Service
Properties, $7,058,000: 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: Provided
further, That all funds for direct construction projects shall expire on
September 30, 1981, except funds for projects as to which funds have
been obligated in whole or in part prior to such date; (2) not to
exceed $145,953,000, which shall remain available until expended, for
alterations and major repairs: Provided, That funds in the Federal
Buildings Fund for Alterations and Major Repairs shall, for prospectus
projects, be limited to the amount by project shown in the budget
justification therefor, except each project may be increased by an
amount not to exceed 10 per centum: Provided further, That all funds
for alterations and major repair prospectus projects shall expire on
September 30, 1981, except funds for projects as to which funds have
been obligated in whole or in part prior to such date; (3) not to
exceed $99,700,000 for payment on purchase contracts entered into prior
to July 1, 1975; (4) not to exceed $574,700,000 for rental of space;
(5) not to exceed $498,063,000 for real property operations, and (6) not
to exceed $72,472,000 for program direction and centralized services:
Provided, That for the purposes of this authorization, buildings
constructed pursuant to the Public Buildings Purchase Contract Act of
1954 (40 U.S.C. 356), the Public Buildings Amendments of 1972 (40 U.S.C.
490), and buildings under the control of another department or agency
where alterations of such buildings are required in connection with the
moving of such other department or agency from buildings then, or
thereafter to be, under the control of General Services Administration
shall be considered to be federally owned buildings: Provided further,
That none of the funds available to the General Services Administration
shall be available for expenses in connection with any project for which
a prospectus, if required by the Public Buildings Act of 1959, // 40 USC
601 // as amended, has not been approved, except that necessary funds
may be expended for each project for required expenses in connection
with the development of a proposed prospectus: Provided further, That
amounts necessary to provide reimbursable special services to other
agencies under section 210(f)(6) of the Federal Property and
Administrative Services Act of 1949, as amended (40 U.S.C. 490(f)(6))
and amounts to provide such reimbursable fencing, lighting, guard
booths, and other facilities on private or other property not in
Government ownership or control as may be appropriate to enable the
United States Secret Service to perform its protective functions
pursuant to 18 U.S.C. 3056, as amended, shall be available from such
revenues and collections: Provided further, That any revenues and
collections and any other sums accruing to this fund during fiscal year
1980, excluding reimbursements under section 210(f)( 6) of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C. 490(f)(6)),
in excess of $1,427,268,000, shall remain in the Fund and shall not be
available for expenditure except as authorized in appropriation Acts:
Provided further, That for additional expenses necessary to reimburse
the fund established pursuant to section 210 of the Federal Property and
Administrative Services Act of 1949, as amended, for expenditures made
under 210(j) of said Act, $115,000 to be deposited to said fund.
For expenses, not otherwise provided for, necessary for supply
distribution (including contractual services incident to receiving,
handling and shipping supply items), procurement (including royalty
payments), inspection, standardization, transportation and public
utility activities, and other supply management activities as authorized
by law, $143,028,000.
For necessary expenses in connection with Federal records management
and related activities, as provided by law, including acceptance and
utilization of voluntary and uncompensated services, $80,446,000, of
which $4,000,000 for allocations and grants for historical publications
and records as authorized by 44 U.S.C. 2504, as amended, shall remain
available until expended.
For expenses necessary for the review and declassification of
documents, the Information Security Oversight Office, and related
records management activities, pursuant to 44 U.S.C. 2104, 2108, and
2904 // 3 CFR 1978 // and implementing provisions of Executive Order
12065, directives issued pursuant thereto, and other applicable
authorities, including expenses not otherwise provided for, and
acceptance and utilization of voluntary and uncompensated services,
$3,055,000.
For expenses, not otherwise provided for, necessary for carrying out
government-wide responsibilities relating to automated data management,
telecommunications and related activities, as authorized by law,
including services as authorized by 5 U.S.C. 3109, $9,200,000.
To increase the capital of the Federal Telecommunications Fund,
established by section 110 of the Federal Property and Administrative
Services Act of 1949, as amended (40 U.S.C. 757), $5,000,000.
For expenses, not otherwise provided for, necessary for carrying out
the functions of the Administrator with respect to utilization of excess
real property and disposal of surplus real and related personal
property; the utilization of excess personal property; the disposal of
surplus personal property; the rehabilitation of personal property;
the national stockpile established by the Strategic and Critical
Materials Stock Piling Act (50 U.S.C. 98 - 98h); the supplemental
stockpile established by section 104(b) of the Agricultural Trade
Development and Assistance Act of 1954 (68 Stat. 456, as amended by 73
Stat. 607); the Defense Production Act of 1950, // 7 USC 1704. // as
amended (50 U.S.C. App. 2061 - 2166); including services as authorized
by 5 U.S.C. 3109 and reimbursement for security guard services,
$43,453,000, of which $6,526,000 shall be derived from proceeds from
transfers of excess real property and disposal of surplus real property
and related personal property, subject to the provisions of the Land and
Water Conservation Fund Act of 1965, // 16 USC 460l-5. // as amended
(16 U.S.C. 460 1 - 5): Provided, That during the current fiscal year
the General Services Administration is authorized to acquire leasehold
interests in property, for periods not in excess of twenty years, for
the storage, security, and maintenance of strategic, critical, and other
materials in the national and supplemental stockpiles provided said
leasehold interests are at nominal cost to the Government: Provided
further, That during the current fiscal year there shall be no
limitation on the value of surplus strategic and critical materials
which, in accordance with section 6 of the Strategic and Critical
Materials Stock Piling Act (50 U.S.C. 98e), may be transferred without
reimbursement to the national stockpile: Provided further, That during
the current fiscal year materials in the inventory maintained under the
Defense Production Act of 1950, as amended (50 U. S.C. App. 2061 -
2166), and excess materials in the national stockpile and the
supplemental stockpile, the disposition of which is authorized by law,
shall be available, without reimbursement, for transfer at fair market
value to contractors as payment for expenses (including transportation
and other accessorial expenses) of acquisition of materials, or of
refining, processing, or otherwise beneficiating materials, or of
rotating materials, pursuant to section 3 of the Strategic and Critical
Materials Stock Piling Act (50 U.S.C. 98b), and of processing and
refining materials pursuant to section 303(d) of the Defense Production
Act of 1950, as amended (50 U.S.C. App. 2093(d)).
For expenses of general management and agency operations of
activities under the control of the General Services Administration,
$6,675,000: Provided, That not to exceed $2,500 shall be available for
reception and representation expenses.
For necessary expenses of the Office of Inspector General,
$18,874,000: Provided, That not to exceed $10,000 shall be available
for payment for information and detection of fraud against the
government, including payment for recovery of stolen government
property.
For expenses necessary to provide accounting, records management, and
other support incident to adjudication of Indian Tribal claims by the
United States Court of Claims, $2,725,000: Provided, That none of these
funds shall be available for transfer to any other account.
For carrying out the provisions of the Act of August 25, 1958, as
amended (3 U.S.C. 102 note), and Public Law 95 - 138, $759,500:
Provided, That the Administrator of General Services shall transfer to
the Secretary of the Treasury such sums as may be necessary to carry out
the provisions of such Acts.
For administrative expenses necessary in providing general
administrative and staff support services within the General Services
Administration, not otherwise provided for, $97,000,000: Provided, That
this appropriation shall be available, subject to reimbursement by the
applicable agency, for services performed for other agencies pursuant to
section 601 of the Economy Act of 1932, as amended (31 U.S. C. 686).
For necessary expenses of management and operation of the Business
Service Centers and Federal Information Centers, including services
authorized by 5 U.S.C. 3109, $6,669,000.
Sec. 1. The appropriate appropriation or fund available to the
General Services Administration shall be credited with (1) cost of
operation, protection, maintenance, upkeep, repair, and improvement,
included as part of rentals received from Government corporations
pursuant to law (40 U.S.C. 129): and (2) appropriations or funds
available to other agencies, and transferred to the General Services
Administration, in connection with property transferred to the General
Services Administration pursuant to the Act of July 2, 1948 (50 U.S.C.
451ff), // 50 USC 451 // and such appropriations or funds may be so
transferred, with the approval of the Office of Management and Budget.
Sec. 2. Funds available to the General Services Administration shall
be available for the hire of passenger motor vehicles.
Sec. 3. None of the funds available under this Act or under section
111 of the Federal Property and Administrative Services Act of 1949 //
40 USC 759. // shall be obligated or expended for the procurement by
purchase, lease or any other arrangement, in whole or in part, of any or
all the automatic data processing system, data communications network,
or related software and services for the joint General Services
Administration-Department of Agriculture MCS project 97 - 72 contained
in the Request for Proposal CDPA 74 - 14, any successor to such project,
or any other common user shared facilities authorized under section 111
of the Federal Property and Administrative Services Act of 1949.
For necessary expenses to carry out functions of the Office of
Personnel Management; pursuant to Reorganization Plan No. 2 of 1978 //
92 Stat. 3784. // and the Civil Service Reform Act of 1978; // 92
Stat. 1111. // including services as authorized by 5 U.S.C. 3109; // 5
USC 1101 // medical examinations performed for veterans by private
physicians on a fee basis; rental of conference rooms in the District
of Columbia and elsewhere; hire of passenger motor vehicles; not to
exceed $2,500 for official reception and representation expenses;
including not more than $600,000 for the conduct of research and
demonstration projects; and advances or reimbursements to applicable
funds of the Office of Personnel Management and the Federal Bureau of
Investigation for expenses incurred under Executive Order 10422 of
January 9, 1953, // 22 USC 287 // as amended; $113,939,000 together
with not to exceed $33,659,000 for current fiscal year administrative
expenses for the retirement and insurance programs to be transferred
from the appropriate trust funds of the Office of Personnel Management
in the amounts determined by the Office of Personnel Management without
regard to other statutes: Provided, That the provisions of this
appropriation shall not affect the authority to use applicable trust
funds for administrative expenses of effecting statutory annuity
adjustments. No part of this appropriation shall be available for the
salaries and expenses of the Legal Examining Unit of the Office of
Personnel Management, established pursuant to Executive Order 9358 of
July 1, 1943, // 3 CFR 1943 - 1948 // or any successor unit of like
purpose.
For payment of Government contributions with respect to retired
employees, as authorized by chapter 89 of title 5, United States Code,
// 5 USC 8901 // and the Retired Federal Employees Health Benefits Act
(74 Stat. 849), as amended, $626,509,000, to remain available until
expended.
Fund
For financing the unfunded liability of new and increased annuity
benefits becoming effective on or after October 20, 1969, as authorized
by 5 U.S.C. 8348, and annuities under special acts, to be credited to
the Civil Service retirement and disability funds, $2,411,104,000:
Provided, That annuities authorized by the Act of May 29, 1944, // 33
USC 776. // as amended (2 C.Z.C. 181), and the Act of August 19, 1950,
as amended (33 U.S.C. 771 - 775), may hereafter be paid out of the Civil
Service retirement and disability fund.
For grants to improve State and local personnel administration, as
authorized by the Intergovernmental Personnel Act of 1970, // 42 USC
4701 // $20,000,000, to remain available until expended.
For expenses necessary to carry out functions of the Merit Systems
Protection Board; pursuant to Reorganization Plan No. 2 of 1978; // 92
Stat. 3784. // and the Civil Service Reform Act of 1978; // 92 Stat.
1111. // including services as authorized by 5 U.S.C. 3109; // 5 USC
1101 // rental of conference rooms in the District of Columbia and
elsewhere; hire of passenger motor vehicles; not to exceed $1,500 for
official reception and representation expenses, $12,075,000 together
with not to exceed $255,000 for current fiscal year administrative
expenses to adjudicate retirement appeals to be transferred from the
Civil Service Retirement and Disability Fund in amounts determined by
the Merit Systems Protection Board.
For expenses necessary to carry out functions of the Office of
Special Counsel; pursuant to Reorganization Plan No. 2 of 1978; // 92
Stat. 3784. // and the Civil Service Reform Act of 1978, // 92 Stat.
1111. // including services as authorized by 5 U.S.C. 3109; // 5 USC
1101 // rental of conference rooms in the District of Columbia and
elsewhere, and hire of passenger motor vehicles, $4,516,000.
For expenses necessary to carry out functions of the Federal Labor
Relations Authority, pursuant to Reorganization Plan No. 2 of 1978, and
the Civil Service Reform Act of 1978, including services as authorized
by 5 U.S.C. 3109, including hire of experts and consultants, hire of
passenger motor vehicles, rental of conference rooms in the District of
Columbia and elsewhere, not to exceed $1,500 for official reception and
representation expenses: $12,132,000: Provided, That public members of
the Federal Service Impasses Panel may be paid travel expenses per diem
in lieu of subsistence as authorized by law (5 U.S.C. 5703) for persons
employed intermittently in the Government Service, and compensation as
authorized by 5 U.S.C. 3109.
For necessary expenses for the President's Commission on Pension
Policy, $2,000,000, to remain available until expended.
For necessary expenses, including contract reporting and other
services as authorized by 5 U.S.C. 3109, // 26 USC 7443 // $9,391,000:
Provided, That travel expenses of the judges shall be paid upon the
written certificate of the judge.
This title may be cited as the " Independent Agencies Appropriations
Act, 1980".
Sec. 501. Where appropriations in this Act are expendable for travel
expenses of employees and no specific limitation has been placed
thereon, the expenditures for such travel expenses may not exceed the
amount set forth therefor in the budget estimates submitted for the
appropriations: Provided, That this section shall not apply to travel
performed by uncompensated officials of local boards and appeal boards
of the Selective Service System; to travel performed directly in
connection with care and treatment of medical beneficiaries of the
Veterans Administration; or to payments to interagency motor pools
where separately set forth in the budget schedules.
Sec. 502. No part of any appropriation contained in this Act shall
be available to pay the salary of any person filling a position, other
than a temporary position, formerly held by an employee who has left to
enter the Armed Forces of the United States and has satisfactorily
completed his period of active military or naval service and has within
ninety days after his release from such service or from hospitalization
continuing after discharge for a period of not more than one year made
application for restoration to his former position and has been
certified by the Civil Service Commission as still qualified to perform
the duties of his former position and has not been restored thereto.
Sec. 503. No part of any appropriation made available in this Act
shall be used for the purchase or sale of real estate or for the purpose
of establishing new offices inside or outside the District of Columbia:
Provided, That this limitation shall not apply to programs which have
been approved by the Congress and appropriations made therefor.
Sec. 504. 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. 505. No part of any appropriation contained in this Act shall
be available for the procurement of or for the payment of the salary of
any person engaged in the procurement of any hand or measuring tool(s)
not produced in the United States or its possessions except to the
extent that the Administrator of General Services or his designee shall
determine that a satisfactory quality and sufficient quantity of hand or
measuring tools produced in the United States or its possessions cannot
be procured as and when needed from sources in the United States and its
possessions or except in accordance with procedures prescribed by
section 6 - 104.4(b) of Armed Services Procurement Regulation dated
January 1, 1969, // 32 CFR 6 - 104.4. // as such regulation existed on
June 15, 1970. This section shall be applicable to all solicitations
for bids opened after its enactment.
Sec. 506. No part of any appropriation contained in this Act shall
be available for the procurement of, or for the payment of, the salary
of any person engaged in the procurement of stainless steel flatware not
produced in the United States or its possessions, except to the extent
that the Administrator of General Services or his designee shall
determine that a satisfactory quality and sufficient quantity of
stainless steel flatware produced in the United States or its
possessions, cannot be procured as and when needed from sources in the
United States or its possessions, or except in accordance with
procedures provided by section 6 - 104.4(b) of Armed Services
Procurement Regulation, dated January 1, 1969. This section shall be
applicable to all solicitations for bids issued after its enactment.
Sec. 507. None of the funds available under this Act shall be
available for administrative expenses in connection with the transfer of
any functions, personnel, facilities, equipment, or funds out of the
United States Customs Service unless such transfers have been
specifically authorized by the Congress.
Sec. 508. None of the funds available under this Act shall be
available for administrative expenses for the purpose of transferring
the border control activities of the United States Customs Service to
any other agency of the Federal Government.
Sec. 601. // 31 USC 638c. // Unless otherwise specifically provided
the maximum amount allowable during the current fiscal year in
accordance with section 16 of the Act of August 2, 1946 (60 Stat. 810),
for the purchase of any passenger motor vehicle (exclusive of buses and
ambulances), is hereby fixed at $3,400 except station wagons for which
the maximum shall be $3,800: Provided, That these limits may be
exceeded by not to exceed $1,700 for police-type vehicles, and by not to
exceed $3,600 for special heavy-duty vehicles: Provided further, That
the limits set forth in this section shall not apply to electric or
hybrid vehicles purchased for demonstration under the provisions of the
Electric and Hybrid Vehicle Research, Development, and Demonstration Act
of 1976.
Sec. 602. // 31 USC 699b. // Unless otherwise specified during the
current fiscal year no part of any appropriation contained in this or
any other Act shall be used to pay the compensation of any officer or
employee of the Government of the United States (including any agency
the majority of the stock of which is owned by the Government of the
United States) whose post of duty is in continental United States unless
such person (1) is a citizen of the United States, (2) is a person in
the service of the United States on the date of enactment of this Act,
who, being eligible for citizenship, has filed a declaration of
intention to become a citizen of the United States prior to such date
and is actually residing in the United States, (3) is a person who owes
allegiance to the United States, (4) is an alien from Cuba, Poland,
South Vietnam, or the Baltic countries lawfully admitted to the United
States for permanent residence, or (5) South Vietnamese, Cambodian and
Laotian refugees paroled into the United States between January 1, 1975,
and the date of enactment of this Act: Provided, That for the purpose
of this section, an affidavit signed by any such person shall be
considered prima facie evidence that the requirements of this section
with respect to his status have been complied with: Provided further,
That any person making a false affidavit shall be guilty of a felony,
and, upon conviction, shall be fined not more than $4,000 or imprisoned
for not more than one year, or both: Provided further, That the above
penal-clause shall be in addition to, and not in substitution for any
other provisions of existing law: Provided further, That any payment
made to any officer or employee contrary to the provisions of this
section shall be recoverable in action by the Federal Government. This
section shall not apply to citizens of Israel, the Republic of the
Philippines or to nationals of those countries allied with the United
States in the current defense effort, or to temporary employment of
translators, or to temporary employment in the field service (not to
exceed sixty days) as a result of emergencies.
Sec. 603. Appropriations of the executive departments and
independent establishments for the current fiscal year available for
expenses of travel or for the expenses of the activity concerned, are
hereby made available for quarters allowances and cost-of-living
allowances, in accordance with 5 U.S.C. 5922 - 5924.
Sec. 604. No part of any appropriation for the current fiscal year
contained in this or any other Act shall be paid to any person for the
filling of any position for which he or she has been nominated after the
Senate has voted not to approve the nomination of said person.
Sec. 605. Funds made available by this or any other Act for
administrative expenses in the current fiscal year of the corporations
and agencies subject to the Government Corporation Control Act, as
amended (31 U.S.C. 841) shall be available, in addition to objects for
which such funds are otherwise available, for rent in the District of
Columbia; services in accordance with 5 U.S.C. 3109; and the objects
specified under this head, all the provisions of which shall be
applicable to the expenditure of such funds unless otherwise specified
in the Act by which they are made available: Provided, That in the
event any functions budgeted as administrative expenses are subsequently
transferred to or paid from other funds, the limitations on
administrative expenses shall be correspondingly reduced.
Sec. 606. Pursuant to section 1415 of the Act of July 15, 1952 (66
Stat. 662), // 31 USC 724. // foreign credits (including currencies)
owed to or owned by the United States may be used by Federal agencies
for any purpose for which appropriations are made for the current fiscal
year (including the carrying out of Acts requiring or authorizing the
use of such credits), only when reimbursement therefor is made to the
Treasury from applicable appropriations of the agency concerned:
Provided, That such credits received as exchange allowances or proceeds
of sales of personal property may be used in whole or part payment for
acquisition of similar items, to the extent and in the manner authorized
by law, without reimbursement to the Treasury.
Sec. 607. (a) No part of any appropriation contained in this or any
other Act, or of the funds available for expenditure by any corporation
or agency, shall be used for publicity or propaganda purposes designed
to support or defeat legislation pending before Congress.
(b) No part of any appropriation contained in this Act shall be
available for the payment of the salary of any officer or employee of
the United States Postal Service, who--,
(1) prohibits or prevents, or attempts or threatens to prohibit or
prevent, any officer or employee of the United States Postal Service
from having any direct oral or written communication or contact with any
Member or committee of Congress in connection with any matter pertaining
to the employment of such officer or employee or pertaining to the
United States Postal Service in any way, irrespective of whether such
communication or contact is at the initiative of such officer or
employee or in response to the request or inquiry of such Member or
committee; or
(2) removes, suspends from duty without pay, demotes, reduces in
rank, seniority, status, pay, or performance or efficiency rating,
denies promotion to, relocates, reassigns, transfers, disciplines, or
discriminates in regard to any employment right, entitlement, or
benefit, or any term or condition of employment of, any officer or
employee of the United States Postal Service, or attempts or threatens
to commit any of the foregoing actions with respect to such officer or
employee, by reason of any communication or contact of such officer or
employee with any Member or committee of Congress as described in
paragraph (1) of this subsection.
Sec. 608. No part of any appropriation contained in this or any
other Act, shall be available to finance interdepartmental boards,
commissions, councils, committees, or similar groups under section 214
of the Independent Offices Appropriations Act, 1946 (31 U.S.C. 691)
which do not have prior and specific congressional approval of such
method of financial support.
Sec. 609. Appropriations available to any department or agency
during the current fiscal year for necessary expenses, including
maintenance or operating expenses, shall also be available for payment
to the General Services Administration for charges for space and
services and those expenses of renovation and alteration of buildings
and facilities which constitute public improvements, performed in
accordance with the Public Buildings Act of 1959 (73 Stat. 749), // 40
USC 601 // the Public Buildings Amendments of 1972 (86 Stat. 216), // 40
USC 603 // or other applicable law.
Sec. 610. Funds made available by this or any other Act to (1) the
General Services Administration, including the fund created by the
Public Buildings Amendments of 1972 (86 Stat. 216), and (2) the " Postal
Service Fund" (39 U.S.C. 2003), shall be available for employment of
guards for all buildings and areas owned or occupied by the United
States or the Postal Service and under the charge and control of the
General Services Administration or the Postal Service, and such guards
shall have, with respect to such property, the powers of special
policemen provided by the first section of the Act of June 1, 1948 (62
Stat. 281; 40 U.S.C. 318), but shall not be restricted to certain
Federal property as otherwise required by the proviso contained in said
section, and, as to property owned or occupied by the Postal Service,
the Postmaster General may take the same actions as the Administrator of
General Services may take under the provisions of sections 2 and 3 of
the Act of June 1, 1948 (62 Stat. 281; 40 U.S.C. 318a, 318b) attaching
thereto penal consequences under the authority and within the limits
provided in section 4 of the Act of June 1, 1948 (62 Stat. 281; 40
U.S.C. 318c).
Sec. 611. No part of any appropriation contained in, or funds made
available by this or any other Act, shall be available for any agency to
pay to the Administrator of the General Services Administration a higher
rate per square foot for rental of space and services (established
pursuant to section 210(j) of the Federal Property and Administrative
Services Act of 1949, // 40 USC 492. // as amended) than the rate per
square foot established for the space and services by the General
Services Administration for the current fiscal year and for which
appropriations were granted.
Sec. 612. None of the funds available under this or any other Act
shall be available for administrative expenses in connection with the
designation for construction, arranging for financing, or execution of
contracts or agreements for financing or construction of any additional
purchase contract projects pursuant to section 5 of the Public Buildings
Amendments of 1972 (Public Law 92 - 313) // 40 USC 602a. // during the
period beginning October 1, 1976, and ending September 30, 1980.
Sec. 613. (a) No part of any of the funds appropriated for the
fiscal year ending September 30, 1980, by this Act or any other Act, may
be used to pay the salary or pay of any individual in any office or
position in an amount which exceeds the rate of salary or basic pay
payable for such office or position on September 30, 1979, by more than
the overall average percentage increase in the General Schedule rates of
basic pay, as a result of any adjustments which take effect during such
fiscal year under section 5343 of title 5, United States Code, if such
adjustment is granted pursuant to a wage survey (but only with respect
to prevailing rate employees described in section 5342(a)(A) of that
title).
(b) The limitations on the availability of funds imposed by this
section shall not restrict the payment of any rate of basic pay which
does not exceed $4.22 per hour, if such rate of basic pay would be
payable were it not for this section.
(c) For the purpose of administering any provision of law, rule, or
regulation which provides premium pay, retirement, life insurance, or
any other employee benefit, which requires any deduction or
contribution, or which imposes any requirement or limitation, on the
basis of a rate of salary or basic pay, the rate of salary or basic pay
payable after the application of this section shall be treated as the
rate of salary or basic pay.
Sec. 614. None of the funds available under this Act may be used to
carry out any revenue ruling of the Internal Revenue Service which rules
that a taxpayer is not entitled to a charitable deduction for general
purpose contributions which are used for educational purposes by a
religious organization which is an exempt organization as described in
section 170(c)(2) of the Internal Revenue Code of 1954. // 26 USC 170.
//
Sec. 615. None of the funds available under this Act may be used to
carry out proposed revenue procedure 4830 - 01-M of the Internal Revenue
Service entitled " Proposed Revenue Procedure on Private Tax-Exempt
Schools" (44 F.R. 9451 through 9455, February 13, 1979, F.R. Document
79 - 4801), and proposed revenue procedure 4830 - 01 of the Internal
Revenue Service entitled " Proposed Revenue Procedure on Private
Tax-Exempt Schools" (43 F.R. 37296 through 37298, August 22, 1978, F.R.
Document 78 - 23515), or parts thereof.
Sec. 616. It is the sense of the Congress that, upon the sale of the
estate known as Casa Pacifica located in San Clemente, California,
former President Richard M. Nixon should reimburse the United States for
the original cost of any construction, renovation, improvements,
equipment or articles paid for by the Federal Government of the United
States, or for the amount by which they have increased the fair market
value of the property, as determined by the Comptroller General of the
United States, as of the date of sale, whichever is less.
This Act may be cited as the " Treasury, Postal Service, and General
Government Appropriations Act, 1980".
Approved September 29, 1979.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 96 - 248 (Comm. on Appropriations) and No. 96 -
471 (Comm. of Conference).
SENATE REPORT No. 96 - 299 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 125 (1979):
July 13, 16, considered and passed House.
Sept. 5, 6, considered and passed Senate, amended.
Sept. 26, House and Senate agreed to conference report; House
receded and concurred in certain Senate amendments and in others
with amendments; Senate concurred in House amendments.
PUBLIC LAW 96-73, 93 STAT, 537, AMTRAK REORGANIZATION ACT OF 1979,
authorization of appropriations
for Amtrak for 2 additional years, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Section 101. This title // 45 USC 501 // may be cited as the "
Amtrak Reorganization Act of 1979"
Sec. 102. Section 101 of the Rail Passenger Service Act (45 U.S.C.
502) // 45 USC 502. // is amended--,
(1) by inserting "(a)" immediately before " The Congress";
(2) by striking out "and" after "this purpose;";
(3) by striking out the period after " Railroad Passenger
Corporation" and inserting in lieu thereof the following: "; and
that rail passenger service offers significant benefits in public
transportation for the safe movement of passengers with minimum
energy expenditure and represents a significant national
transportation asset in time of national emergency or energy
shortage."; and
(4) by adding at the end thereof the following new subsection:
"(b) The Congress further finds that--,
"(1) inadequately defined goals for the Corporation have denied
its board of directors an effective role in guiding the
Corporation or in promoting and increasing the number of intercity
rail passengers;
"(2) uncertain goals and financial commitment have discouraged
the development of effective corporate management;
"(3) uncertainty arising from the lack of specific goals has
made the achievement of high employee morale difficult;
"(4) State participation in subsidizing interstate rail
passenger service has, for the most part, been unworkable;
"(5) lack of full cooperation by the railroad industry has
impeded effective systemwide operation of passenger trains by the
Corporation; and
"(6) a greater degree of cooperation is necessary among
railroads, the Corporation, States with subsidized service, labor
organizations, and suppliers of services and equipment to the
Corporation in order to achieve a level of performance sufficient
to justify additional expenditure of public funds.".
Sec. 103. (a) Goals for Amtrak.--The Rail Passenger Service Act (45
U.S.C. 501 et seq.) // 45 USC 502. // is amended by redesignating
section 102 as section 103 // 45 USC 503 // and by inserting after
section 101 the following new section:
" SEC. 102. // 45 USC 501a. // GOALS.
" The Congress hereby establishes the following goals for Amtrak:
"(1) Improvement of on-time performance by at least 50 percent
within the three-year period beginning on the date of enactment of
this section.
"(2) Implementation of schedules which provide a systemwide
average speed of at least 55 miles per hour, and which can be
adhered to with a degree of reliability and passenger comfort.
"(3) Improvement of the ratio of revenues to operating
expenses, with the goal of coverage of at least 44 percent of
operating expenses, excluding depreciation, from revenues by the
end of fiscal year 1982 and 50 percent by the end of fiscal year
1985.
"(4) Improvement of the feasibility of State-subsidized service
through the use of technical assistance panels to coordinate,
plan, and implement such service.
"(5) Encouragement of rail carriers to assist in improving
intercity rail passenger service.
"(6) General improvement of Amtrak's performance through
comprehensive, systematic operational programs and employee
incentives.".
(b) Technical Amendment.--The heading for title I of the Rail
Passenger Service Act is amended by inserting " GOALS," after "
PURPOSES,".
Sec. 104. // 45 USC 502. // Section 103 of the Rail Passenger
Service Act, as redesignated by this Act, is amended to read as follows:
" SEC. 103. DEFINITIONS.
" For the purposes of this Act--,
"(1) ' Amtrak' means the National Railroad Passenger
Corporation created under title III of this Act.
// 45 USC 741. //
"(2) ' Auto-ferry service' means intercity rail passenger
service characterized by transportation of automobiles or
recreational vehicles and their occupants.
"(3) ' Avoidable loss' means the avoidable costs of providing
passenger service, less revenues attributable thereto, as
determined by the Interstate Commerce Commission under the
provisions of section 553 of title 5, United States Code.
"(4) ' Basic system' means (A) prior to October 1, 1979, the
system of intercity rail passenger service designated by the
Secretary under title II and section 403(a) of this Act,
// 45 USC 711, 763. //
and (B) on and after October 1, 1979, the system of intercity rail
passenger service designated by the Secretary under section 4 of
the Amtrak Improvement Act of 1978 (Public Law 95 - 421)
// 92 Stat. 923. //
and approved by the Congress, and service required to be operated
under sections 404(d) and 404(e) of this Act and under section 4(
g) of the Amtrak Improvement Act of 1978, including changes to
such system or service made by the Corporation using the Route and
Service Criteria.
"(5) ' Center' means the Performance Evaluation Center
established under section 305 of this Act.
"(6) ' Commission' means the Interstate Commerce Commission.
"(7) ' Corporation' means the National Railroad Passenger
Corporation created under title III of this Act.
// 45 USC 741. //
"(8) ' Intercity rail passenger service' means all rail
passenger service other than commuter and other short-haul service
in metropolitan and suburban areas, usually characterized by
reduced fare, multiple-ride and commutation tickets, and by
morning and evening peak period operations.
"(9) ' Model Program' means a program carried out by the
Corporation under section 807 or section 809 of this Act
// 45 USC 645; //
and the employee assistance program established by the
Corporation.
"(10) ' Panel' means a Technical Assistance Panel established
under section 403(b) of this Act.
"(11) ' Rail carrier' and 'railroad' mean a person providing
railroad transportation for compensation.
"(12) ' Regional transportation agency' means an authority,
corporation, or other entity established for the purpose of
providing passenger service within a region.
"(13) ' Route and Service Criteria' means the Criteria and
Procedures for Making Route and Service Decisions established
pursuant to section 404(c) of this Act.
"(14) ' Secretary' means the Secretary of Transportation or his
delegate unless the context indicates otherwise.".
Sec. 105. Section 305(c) of the Rail Passenger Service Act (45 U.S.
C. 545(c)) is amended--,
(1) by inserting "(1)" immediately after "(c)"; and
(2) by adding at the end thereof the following new paragraph:
"(2)(A) Within 90 days after the date of enactment of this paragraph,
the Corporation shall establish a reduced fare program for elderly and
handicapped individuals.
"(B) For purposes of this paragraph--,
"(i) the term 'elderly individual' means a person who has
attained the age of 65 years; and
"(ii) the term 'handicapped individual' means any person who
has a physical or mental impairment which substantially limits one
or more of such person's major life activities, has record of such
an impairment, or is regarded as having such an impairment, but
the term handicapped individual does not include any person who is
an alcoholic or drug abuser."
Sec. 106. Section 305 of the Rail Passenger Service Act (45 U.S.C.
545) is amended by redesignating subsections (f) through (j) as
subsections (g) through (k), respectively, and by inserting after
subsection (e) the following new subsection:
"(f) The Corporation shall, not later than January 1, 1981, develop
and submit to the Congress and to the President a comprehensive plan for
the improvement of all intercity rail passenger service provided in the
basic system. The Corporation shall commence implementation of such
plan as soon as practicable after all or any portion thereof is
developed. Such plan shall include--,
"(1) a zero-based assessment of all operating practices and
implementation of changes to achieve the minimum use of employees
consistent with safe operations and adequate service;
"(2) a systematic program for optimizing the ratio of train
size to passenger demand;
"(3) a systematic program for trip time reduction on all trains
in the basic system;
"(4) establishment of training programs to achieve on-time
departures and priorities for passenger trains over freight trains
en route;
"(5) adjustment of purchasing and pricing of food and beverages
to achieve, as soon as practical after the date of enactment of
this subsection, a continuing reduction in losses associated with
food and beverage services with a goal of ultimate profitability;
"(6) cooperative marketing opportunities between the
Corporation and governmental entities at all levels having
intercity rail passenger service; and
"(7) cooperative marketing campaigns sponsored by the
Corporation and the Department of Energy, the Federal Highway
Administration, and the Environmental Protection Agency.".
Sec. 107. Section 305(g) of the Rail Passenger Service Act, as
redesignated by this Act, is amended to read as follows:
"(g) The Corporation shall, not later than January 1, 1980, establish
a Regional Maintenance Plan. Such plan shall include--,
"(1) a review panel at corporate headquarters consisting of
such members as the President of the Corporation shall designate;
"(2) a systemwide inventory of spare equipment parts by
operational regions;
"(3) establishment of the necessary number of maintenance
employees per number of cars and locomotives per region;
"(4) establishment of a systematic preventive maintenance
program;
"(5) a method for periodic evaluation of maintenance costs,
time lags, and parts shortages with appropriate corrective
actions; and
"(6) such other elements or activities as the Corporation
considers appropriate.".
Sec. 108. Section 305(j) of the Rail Passenger Service Act, as
redesignated by this Act, is amended by striking out "security guards"
each place it appears and inserting in lieu thereof "railroad police"
and by striking out " Security guards" and inserting in lieu thereof "
Railroad police".
Sec. 109. Section 305(k) of the Rail Passenger Service Act, as
redesignated by this Act, is amended by redesignating paragraphs (3) and
(4) as paragraphs (4) and (5), respectively, and by inserting after
paragraph (2) the following new paragraph:
"(3) In addition to the exemptive authority set forth in paragraph
(2), the Secretary may, upon application of the Corporation, exempt the
Corporation from the requirements of paragraph (1) of this subsection
with respect to the purchase of rolling stock or power train equipment
if the Secretary determines that such rolling stock or power train
equipment, as the case may be, cannot be purchased and delivered in the
United States within a reasonable time.".
Sec. 110. Section 305 of the Rail Passenger Service Act (45 U.S.C.
545), as amended by this Act, is further amended by adding at the end
thereof the following new subsection:
"(1) The Corporation shall establish a Performance Evaluation Center
within the Corporation which shall have the responsibility of providing
an ongoing review of operations. The Center should evaluate both
short-term and long-term operational problems and make recommendations
for improvement of operations. Each six months, the Corporation shall
submit a report of the Center's activities and recommendations to the
appropriate authorizing committees of both Houses of Congress and to the
Secretary.".
Sec. 111. (a) Reports.--Section 305 of the Rail Passenger Service
Act (45 U.S.C. 545), as amended by this Act, is further amended by
adding at the end thereof the following new subsection:
"(m) For purposes of assessing the operational performance of trains,
the President of the Corporation shall have the authority to direct the
conductor on any Amtrak train to report to the Center any inadequacy of
train operation. Adequacy of service reports required under this
subsection shall be promptly transmitted to the Center. Each report
shall be signed by the conductor and contain sufficient information to
locate equipment or personnel failures.".
(b) Repeal.--Section 801 of the Rail Passenger Service Act (45 U.S.
C. 641) is hereby repealed.
Sec. 112. (a) Exceptions to Applicability.--Section 306(a) of the
Rail Passenger Service Act (45 U.S.C. 546(a)) is amended by striking out
the period at the end of paragraph (3) and inserting in lieu thereof ";
and" and by adding at the end thereof the following new paragraph:
"(4) the issuance of securities or the assumption of any
obligation or liability with respect to the securities of
others.".
(b) Through Routes and Joint Fares.--Section 306(j)(2) of the Rail
Passenger Service Act (45 U.S.C. 546(j)(2)) is amended by striking out
"motor carrier" and inserting in lieu thereof "any domestic or
international motor, air, or water carrier".
(c) Pay Periods and Qualifications.--Section 306 of the Rail
Passenger Service Act (45 U.S.C. 546) is further amended by adding at
the end thereof the following new subsections:
"(1) The Corporation shall not be subject to any State or local law
relating to pay periods or days for payment of employees. No employee
of the Corporation shall be paid less frequently than such employee is
paid as of the effective date of this subsection, other than pursuant to
an applicable collective bargaining agreement.
"(m) The Corporation shall be deemed to be qualified to do business
in each State in which it performs any activity authorized under this
Act. In connection with the performance of such activities, the
Corporation shall accept service of process addressed by certified mail
to the secretary of the Corporation at its principal office and place of
business in Washington, District of Columbia. The Corporation shall be
deemed to be a citizen of the District of Columbia for the purpose of
determining the original jurisdiction of the district courts of the
United States in civil actions to which the Corporation is party.".
Sec. 113. Section 308(a)(1) of the Rail Passenger Service Act of
1970 // 45 USC 548. // is amended to read as follows:
"(a)(1) Not later than the 45th day following the end of each
calendar month, the Corporation shall transmit to the Congress and
release to the public the following information applicable to its
operations for such calendar month:".
Sec. 114. Section 402 of the Rail Passenger Service Act (45 U.S.C.
562) is amended by adding at the end thereof the following new
subsection:
"(g) The Corporation shall enter into a contract with rail carriers
on an industrywide basis to establish rights for the operation of
special or charter trains between specific routes and points anywhere in
the Nation upon provision of reasonable notice (of not less than seven
days) to the carriers involved in the operation of any special or
charter trains, except that with respect to rail lines on which rail
passenger service has not been operated for the preceding 180 days,
reasonable notice under this sentence shall be notice of not less than
21 days. If the Corporation and the rail carriers are unable to reach
agreement by January 1, 1981, the Commission shall, upon application by
the Corporation, order rail services to be provided under this
subsection and shall, consistent with just and reasonable compensation
principles, determine within 180 days after such date the proper amount
of compensation for the provision of such services and the proper method
of prior notification of the schedule and routing of a special or
charter train by the Corporation."
Sec. 115. Route Additions.--Section 403(a) of the Rail Passenger
Service Act (45 U.S.C. 563(a)) is amended to read as follows:
"(a) Except as otherwise provided in this Act, after October 1, 1979,
all route additions shall be in accordance with the Route and Service
Criteria.".
(b) Subsidized Service.--Section 403(b) of the Rail Passenger Service
Act (45 U.S.C. 563(b)) is amended to read as follows:
"(b)(1)(A) Any State or group of States, or any regional or local
agency, may submit an application to the Corporation requesting the
institution of rail passenger service in addition to that service
provided in the basic system.
"(B) An application for rail passenger service under this subsection
shall be submitted at least 180 days prior to the beginning of the
fiscal year in which such service is to be operated, except that an
application for service to be operated in the fiscal year ending
September 30, 1980, shall be submitted no later than the 60th day
following the beginning of such fiscal year.
"(C) Each application by a State or agency for rail passenger service
under this subsection shall contain--,
"(i) adequate assurances by such State or agency that it has
sufficient resources to meet its share of the cost of such service
for the period such service is to be provided;
"(ii) a market analysis acceptable to the Corporation to ensure
that there is adequate demand to warrant such service;
"(iii) a statement by such State or agency that it agrees to
provide 20 percent of the solely related costs of such service in
the first year of operation, 35 percent of such costs in the
second year of operation, and 50 percent of such costs in each
year of operation thereafter; and
"(iv) a statement by such State or agency that it agrees to
provide, in each year of operation of such service, 50 percent of
the associated capital costs of operating such service.
"(2)(A) The Corporation shall review each application submitted by a
State or agency for the institution of service under this subsection and
shall convene a Technical Assistance Panel to consider such application
if the Corporation determines that--,
"(i) the application complies with requirements of paragraph
(1)(C) of this subsection; and
"(ii) there is a reasonable probability that the service
requested can be provided with the resources available to the
Corporation.
"(B) The Corporation shall make its determinations under this
paragraph, and convene a panel if appropriate, at least 150 days prior
to the beginning of the fiscal year in which the service requested is to
be operated, except that with respect to an application for service to
be operated in the fiscal year ending September 30, 1980, the
Corporation shall make its determinations, and convene a panel if
appropriate, no later than 30 days after the date such application is
submitted.
"(C) Any application submitted by a group of States shall be
considered in the same manner as an application submitted by a single
State, and not on the basis of whether each State that is a party to
such application meets the requirements of paragraph (1)(C) of this
subsection.
"(3)(A) Each panel convened by the Corporation to consider an
application shall be composed of--,
"(i) a State rail planning official from each State that is a
party to the application;
"(ii) a representative of the Corporation;
"(iii) a representative from a railroad labor organization
representing operating crafts of employees; and
"(iv) a representative from a railroad labor organization
representing nonoperating crafts of employees.
"(B) The Corporation shall submit to each panel data projecting the
solely related costs and associated capital costs of operating the
service under consideration. Each panel shall, no later than 90 days
after the date it is convened, consider and make recommendations to the
Corporation with respect to--,
"(i) appropriate measures for minimizing such costs, including
measures such as--,
operation of
the service under consideration; and
"(ii) if more than one State is a party to the application, the
appropriate manner for allocating such costs among the applicant
States.
"(4)(A) After taking into account the recommendations of the panel
with respect to rail passenger service requested by a State or agency
under this subsection, the Corporation shall enter into an agreement
with such State or agency for the institution of such service, in
accordance with the funding formula set forth in paragraph (1)(C) of
this subsection, if the Corporation determines that such service can be
provided with resources available to the Corporation.
"(B) An agreement entered into pursuant to this section may by mutual
agreement be renewed for one or more additional terms of not more than 2
years.
"(C) If more than one application is made for service and all
applications are consistent with the requirements of this subsection,
but all the services applied for cannot be provided with the available
resources of the Corporation, the Board of Directors shall decide in its
discretion which application or applications best serve the public
interest and can be provided with the available resources of the
Corporation, except that a proposal for State support of a service
deleted from the basic system in effect prior to October 1, 1979, or the
basic system in effect after such date, shall be given preference.
"(5) Prior to instituting any fare increase that applies to service
provided under this subsection and that represents an increase of more
than 5 percent over a 6-month period, the Corporation shall consult with
and obtain the views of the appropriate officials of each State to be
affected by such fare increase. The Corporation shall provide the
officials of each such State with an explanation of the circumstances
warranting the proposed fare increase (such as the unique costs of or
demand for the services involved).
"(6)(A) Federal funds available for expenditure under this subsection
shall not be in substitution for the average amount of State and local
funds expended for the operation of rail services under this subsection
in the State for the two fiscal years preceding the fiscal year for
which the funds are made available.
"(B) If service provided under this subsection on the date of
enactment of the Amtrak Reorganization Act of 1979 is terminated by a
State or agency and such State or agency subsequently decides to resume
such service, the Corporation shall agree to provide funding at the
level provided under the contract in effect on such date of enactment.
"(C) A State may add additional frequencies of service on an existing
route. Additional frequencies shall be initiated in accordance with the
funding formula described in paragraph (1)(C) of this subsection,
without regard to funding ratios then in effect on other frequencies on
such existing route.
"(7)(A) Any funds provided by the Corporation under an agreement with
an agency pursuant to this subsection which are allocated for associated
capital costs and which are not expended during the fiscal year for
which they are provided shall remain available until expended.
"(B) An agency entering into an agreement with the Corporation for
the operation of service under this subsection shall be entitled to
reimbursement for staff services in an amount equal to 1 1/2 percent of
the operating losses and associated capital costs.
"(C) The Board of Directors shall establish the basis for determining
the solely related costs and associated capital costs of service
operated under this subsection, and the total revenue from such service.
"(8) Not more than five percent of all revenues generated by each
particular route operated under the authority of this subsection shall
be dedicated to advertising and promotion of such service on a local
level.".
(c) Repeal.--Section 403(c) of the Rail Passenger Service Act (45 U.
S.C. 563(c)) is repealed.
(d) Commuter Service.--Section 403(d) of the Rail Passenger Service
Act (45 U.S.C. 563(d)) is amended--,
(1) by inserting "(1)" immediately before " The Corporation";
(2) by inserting immediately after the first sentence thereof
the following: " An agreement made pursuant to this section may
by mutual agreement be renewed for one or more additional terms of
not more than two years."; and
(3) by adding at the end thereof the following new paragraphs:
"(2) Any rail passenger service which is operated by the Corporation
on January 1, 1979, and which constitutes commuter rail passenger
service as defined in paragraph (1) of this subsection shall, until
April 1, 1981, continue to be operated by the Corporation and funded in
accordance with the method of funding in effect for that service on
January 1, 1979. In addition, any rail passenger service which (A) is
operated by the Consolidated Rail Corporation, (B) is the subject of an
application for discontinuance filed with the Commission before July 15,
1979, and (C) constitutes commuter rail passenger service as defined in
paragraph (1) of this subsection shall, until April 1, 1981, be operated
by the Corporation and funded by the Corporation in the same manner as
service operated under the preceding sentence.
"(3) The Corporation shall, until April 1, 1981, continue to accept
commuter based fares for any rail passenger service which it operates
and for which such fares are accepted on January 1, 1979. Nothing in
this paragraph shall be construed as prohibiting the Corporation or any
other railroad from increasing the amount of any fare charged for rail
passenger service."
Sec. 116. (a) Service Changes.--Section 404(b) of the Rail Passenger
Service Act (45 U.S.C. 564(b)) is amended to read as follows:
"(b) After October 1, 1979, all route discontinuances by the
Corporation shall be in accordance with the Route and Service
Criteria.".
(b) Technical Amendment.--Section 404 of the Rail Passenger Service
Act (45 U.S.C. 564) is amended by striking out
" SEC. 404. DISCONTINUANCE OF SERVICE." and inserting in lieu
thereof
" SEC. 404. SERVICE CHANGES."
Sec. 117. Section 404(c) of the Rail Passenger Service Act (45 U.S.
C. 564(c)) is amended by adding at the end thereof the following new
paragraph:
"(4)(A) The Corporation shall conduct an annual review of each
long-distance route in the basic system to determine if such route meets
the criteria set forth in paragraph (1) of subsection (d) of this
section, as adjusted to reflect constant 1979 dollars. If the
Corporation determines, on the basis of such review, that a route fails
to meet the criteria set forth in such paragraph, the Corporation shall
evaluate such route under the Route and Service Criteria. If the
Corporation determines, on the basis of such evaluation, that such route
fails to meet the Route and Service Criteria, the Corporation shall
discontinue the operation of rail passenger service over such route.
"(B) The annual review conducted by the Corporation under
subparagraph (A) shall include an evaluation of the potential market
demand for, and the cost of providing service on, portions or segments
of long-distance routes, and the potential market demand for, and cost
of providing service on, alternative routings. The Corporation shall
transmit the results of the annual review to each House of the Congress
and to the Secretary of Transportation.".
CRITERIA
Sec. 118. Section 404(c) of the Rail Passenger Service Act (45 U.S.
C. 564(c)), as amended by this Act, is further amended by adding at the
end thereof the following new paragraph:
"(5) The Route and Service Criteria shall not apply to--,
"(A) decisions of the Corporation to increase or, where
construction schedules, other temporary disruptive factors, or
seasonal fluctuations in ridership so warrant, to decrease
frequency of service on existing routes or portions of existing
routes or on routes where an additional frequency of service is
being tested; and
"(B) rerouting of service between major population centers on
existing routes.".
Sec. 119. Section 404 of the Rail Passenger Service Act (45 U.S.C.
564) is amended by adding at the end thereof the following new
subsections:
"(d)(1) Where reductions in operating expenses can be obtained, the
Corporation shall operate rail passenger service over any long distance
route which is recommended for discontinuance by the Secretary pursuant
to section 4 of the Amtrak Improvement Act of 1978, // 92 Stat. 923. 45
USC 521 // with or without any restructuring of such route to serve
major population centers as end points or principal intermediate points,
in order to maintain a national intercity rail passenger system, if--,
"(A) the short term avoidable loss per passenger mile on such
route, as calculated by the Corporation and projected for the
fiscal year ending September 30, 1980, is not more than 7 cents
per passenger mile; and
"(B) the passenger mile per train mile on such route, as
calculated by the Corporation and projected for the fiscal year
ending September 30, 1980, is not less than 150.
Short term avoidable loss per passenger mile calculated by the
Corporation for purposes of this subsection shall be based upon
consistently defined factors for all types of routes, and such short
term avoidable loss and passenger mile per train mile shall be
calculated in the same manner for all routes. The Corporation shall
make its calculations under this subsection on the basis of the most
recent available statistics for a 90-day period, except that the
Corporation may also utilize historical data (such as seasonal
fluctuations in ridership) as long as such data is adjusted to reflect
the most recent available statistics. The Corporation shall, no later
than 30 days after the effective date of this subsection, submit a
report to the Interstate and Foreign Commerce Committee of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate on the methodology, equations, factors
used, assumptions, and results in connection with the calculation of
short term avoidable loss per passenger mile and passenger mile per
train mile under this subsection.
"(2) Where reductions in operating expenses can be obtained, the
Corporation shall operate rail passenger service over any short-distance
route which is recommended for discontinuance by the Secretary pursuant
to section 4 of the Amtrak Improvement Act of 1978 with or without any
restructuring of such route to serve major population centers as
end-points or principal intermediate points, in order to maintain a
national intercity rail passenger system, if--,
"(A) the short-term avoidable loss per passenger mile on such
route, as calculated by the Corporation and projected for the
fiscal year ending September 30, 1980, is not more than 9 cents
per passenger mile; and
"(B) the passenger mile per train mile, as calculated by the
Corporation and projected for the fiscal year ending September 30,
1980, is not less than 80.
"(e)(1) In order to preserve regional balance in the national
intercity rail passenger system and to ensure that long-distance routes
recommended for discontinuance by the Secretary pursuant to section 4 of
the Amtrak Improvement Act of 1978 // 92 Stat. 923. 45 USC 521 // which
provide service to regions with few population centers in a large
geographic area have equal opportunity to qualify for continued
operation, the Corporation shall operate a long-distance route in each
section of the United States (with sections being determined by dividing
the United States into four quadrants) if--,
"(A) service is not maintained on any long-distance route in
that section under the criteria set forth in subsection (d)(1) of
this section; and
"(B) the Corporation determines that (i) a long-distance route
exists in that section which has shown and will show improvements
in performance under the criteria, set forth in subsection (d)(1)
of this section, and (ii) such route shows potential, under such
criteria, to warrant maintenance in the system.
"(2) The Corporation shall not continue to operate any route under
this subsection if service is provided on a significant part of that
route by any other route.
"(3) Service operated on a route under this subsection shall continue
to be operated after October 1, 1981, only if such route meets the
criteria set forth in subsection (d)(1) of this section: Provided, That
the Corporation shall continue to operate the Inter-American train to
the Mexican border if that train meets the criteria set forth above.
"(f) For the purpose of this section and section 4 of the Amtrak
Improvement Act of 1978, the reference to Tampa in table 4 - 1 at page 4
- 7 of the Secretary's Final Report to Congress on the Amtrak Route
System, dated January 1979, shall be deemed to mean Saint Petersburg.
"(g) Notwithstanding any other provisions of this Act (including the
requirements of section 403(d)), the Corporation is authorized, to the
extent available resources permit, to operate short-haul trains, on a
demonstration basis for the purpose of determining the feasibility and
benefits of such services, on additional routes of 200 miles or less
which link two or more major metropolitan areas.".
EMPLOYEES
Sec. 120. (a) Reimbursement Rate.--Section 405(f) of the Rail
Passenger Service Act (45 U.S.C. 565(f)) is amended by striking out "
The Corporation shall be reimbursed" and all that follows through "in
accordance with the agreements." and inserting in lieu thereof the
following: " Unless the Corporation and a railroad or group of
railroads agree on a different basis for compensation, the Corporation
shall, during the 2-year period beginning on the effective date of the
Amtrak Reorganization Act of 1979, be reimbursed by each railroad at the
rate of 25 percent of the systemwide average monthly yield per revenue
passenger mile. Reimbursement at this rate is in lieu of any charges
for liability incident to travel of railroad employees eligible for free
or reduced-rate transportation and any other costs incurred by the
Corporation in connection with free or reduced-rate transportation and
any other costs incurred by the Corporation in connection with free or
reduced-rate transportation. Nothing in this subsection shall preclude
the Commission from ordering retroactive relief in any proceeding
instituted or reopened after October 1, 1981.".
(b) Report.--The Comptroller General shall conduct a study of the
free or reduced-rate transportation provided to railroad employees by
the National Railroad Passenger Corporation under section 405(f) of the
Rail Passenger Service Act. Within 180 days after the effective date of
this Act, the Comptroller General shall submit a report to the Congress
and to the Interstate Commerce Commission setting forth recommendations
regarding the appropriate means for reimbursing the Corporation for the
cost of providing such transportation services, taking into account the
value of the services being provided.
Sec. 121. Title IV of the Rail Passenger Service Act (45 U.S.C. 561
et seq.) is amended by adding at the end thereof the following new
section: // 45 USC 566. // RETENTION AND MAINTENANCE OF FACILITIES.
"(a) No facilities of a railroad (including a regional transportation
agency) which are used in the operation of rail passenger services by
the Corporation on February 1, 1979, shall be downgraded or disposed of
without obtaining the prior approval of the Secretary under this
section.
"(b) Whenever any railroad intends to downgrade or dispose of a
facility referred to in subsection (a) of this section which is not
currently being used in the operation of services by the Corporation,
such railroad shall first notify the Corporation of its intention to
take such action. If, within 60 days after receipt by the Corporation
of such notice, the Corporation and such railroad are not able to enter
into an agreement for the retention or maintenance of such facility or
for the conveyance to the Corporation of such facility or an interest
therein, the railroad may apply to the Secretary for approval of the
downgrading or disposal of the facility.
"(c)(1) If the Corporation does not object to an application of a
railroad to downgrade or dispose of a facility within 30 days after the
date such application is submitted, the Secretary shall promptly approve
such application.
"(2) If the Corporation makes a timely objection to such an
application, the Secretary shall, within 180 days after the date of such
objection, determine the costs which the railroad could avoid if it were
not required to maintain or retain the facility in the condition
requested by the Corporation. If the Corporation does not, within 60
days after the date of the Secretary's determination, agree to pay such
avoidable costs to the railroad, the Secretary shall approve such
application.
"(d)(1) In electing whether to enter into an agreement pursuant to
this section to pay a railroad the avoidable costs of maintaining or
retaining a facility, the Corporation shall consider--,
"(A) the potential importance of restoring rail passenger
service on the route on which such facility is located;
"(B) the market potential of such route;
"(C) the availability, adequacy, and energy efficiency of
alternate modes or alternate rail lines for providing passenger
transportation to or near the points which would be served by the
route;
"(D) the extent to which major population centers would be
served by such route;
"(E) the extent to which the provision of service over such
route would encourage the expansion of a national intercity rail
passenger system; and
"(F) the possibility of increased ridership on lines of
railroad connecting with such route.
"(2)(A) In order to prepare for a valid and timely analysis of a
facility, after a railroad gives notice pursuant to this section that it
intends to downgrade or dispose of such facility, the Corporation shall
conduct a survey of population centers with railroad passenger service
facilities and shall update such survey from time to time as may be
necessary or appropriate. Within 90 days after the date of enactment of
this section, the Corporation shall take steps to prepare a survey plan
which shall provide for--,
"(i) a target completion date for the survey of population
centers of not later than 360 days after the ninetieth day after
such date of enactment; and
"(ii) a system of collection, compilation, and storage of
information gathered pursuant to the survey according to
geographic region and according to whether a facility would be
part of a short-or long-haul route.
"(B) The survey should facilitate an analysis of--,
"(i) ridership potential by ascertaining existing travel
patterns or changing travel patterns which would maximize
efficiencies of railroad passenger service;
"(ii) the quality of service of competitors or likely
competitors;
"(iii) the likelihood of the Corporation offering service at a
competitive fare;
"(iv) opportunities to target advertising and fares to
potential classes of riders;
"(v) economic characteristics of railroad passenger service
associated with a facility and the extent to which such
characteristics are consistent with sound economic principles of
short-or long-haul railroad operations; and
"(vi) the feasibility of applying effective internal cost
controls to a facility and the route which the facility would
serve in order to improve over time the ratio of transportation
expenses, excluding maintenance of track, structure, and equipment
and depreciation, to passenger revenue.
"(e) For purposes of this section--,
"(1) the term 'facilities' means railroad tracks,
rights-of-way, fixed equipment and facilities, and real property
appurtenant thereto, and includes signal systems, passenger
station and repair tracks, station buildings, platforms, and
adjunct facilities such as water, fuel, steam, electric, and air
lines;
"(2) the downgrading of a facility means a reduction in track
classification as specified in the Federal Railroad Administration
track safety standards (49 C.F.R. 213), or any other change in
such facilities which may increase the time required for a
passenger train to operate over the route on which such facility
is located; and
"(3) approval of downgrading or disposal under this section
shall not be construed as relieving a railroad from compliance
with its other common carrier or legal obligations with respect to
a facility."
Sec. 122. (a) Authorization.--Section 601 of the Rail Passenger
Service Act (45 U.S.C. 601) is amended by adding at the end thereof the
following new subsection:
"(b)(1) There are authorized to be appropriated to the Secretary for
the benefit of the Corporation--,
"(A) for the payment of operating expenses, not to exceed
$630,900,000 for the fiscal year ending September 30, 1980, and
not to exceed $674,900,000 for the fiscal year ending September
30, 1981, of which not less than $1,200,000 for the fiscal year
ending September 30, 1980, and $1,000,000 for the fiscal year
ending September 30, 1981, shall be available for the cost of
Model Programs;
"(B) for the payment of the costs of capital acquisition or
improvements to the basic system, including the payment of
expenses for the retention and maintenance of facilities under
section 406 of this Act, not to exceed $203,000,000 for the fiscal
year ending September 30, 1980, not to exceed $244,000,000 for the
fiscal year ending September 30, 1981, and not to exceed
$254,000,000 for the fiscal year ending September 30, 1982;
"(C) for the payment of operating and capital expenses of rail
passenger service provided pursuant to section 403(b) of this Act,
not to exceed $23,800,000 for the fiscal year ending September 30,
1980, not to exceed $29,000,000 for the fiscal year ending
September 30, 1981, and not to exceed $30,000,000 for the fiscal
year ending September 30, 1982;
"(D) for labor protection payments required pursuant to section
405 of this Act, not to exceed $30,000,000 for the fiscal year
ending September 30, 1980, not to exceed $12,000,000 for the
fiscal year ending September 30, 1981, and not to exceed
$20,000,000 for the fiscal year ending September 30, 1982; and
any sums authorized by this subparagraph which remain available
after such labor protection payments are made shall be made
available to the Corporation for use in the payment of expenses
and costs in accordance with subparagraphs (A) and (B) of this
paragraph; and
"(E) for the payment of the principal of obligations (other
than leases) of the Corporation which are guaranteed by the
Secretary pursuant to section 602 of this Act,
// 45 USC 602. //
not to exceed $25,000,000 for the fiscal year ending September 30,
1980, not to exceed $25,000,000 for the fiscal year ending
September 30, 1981, and not to exceed $25,000,000 for the fiscal
year ending September 30, 1982.
"(2) Funds appropriated pursuant to this section shall be made
available to the Secretary during the fiscal year for which
appropriated, except that appropriations for capital acquisitions and
improvements may be made in an appropriations Act for a fiscal year
preceding the fiscal year in which the appropriation is to be available
for obligation. Funds appropriated are authorized to remain available
until expended. Appropriated sums shall be paid by the Secretary to the
Corporation for expenditure by it in accordance with (A) the Secretary's
budget request as approved or modified by Congress at the time of
appropriation, and (B) guidelines established by the Secretary.
Payments by the Secretary to the Corporation of appropriated funds shall
be made no more frequently than every 90 days, unless the Corporation,
for good cause, requests more frequent payment before the expiration of
any 90-day period.
"(3) Funds appropriated for capital grants pursuant to this
subsection shall be paid to the Corporation in each fiscal quarter, and
such grants may be used by the Corporation for temporary reduction of
outstanding loan balances, including loans guaranteed by the Secretary
pursuant to section 602 of this Act.".
(b) Technical Amendments.--(1) Section 601 of the Rail Passenger
Service Act (45 U.S.C. 601) is amended--,
(A) by striking out "(a)(1)" and inserting in lieu thereof
"(a)"; and
(B) by striking out "(2) Funds appropriated for" and all that
follows through "of this Act".
(2) Section 602(d) of the Rail Passenger Service Act (45 U.S.C. 602(
d)) is amended by striking out "clause (3) of section 601(a)" and
inserting in lieu thereof "section 601(a)(3) or section 601(b)(1)(E)".
Sec. 123. Title VIII of the Rail Passenger Service Act (45 U.S.C.
641 et seq.) is amended by adding at the end thereof the following new
section:
" SEC. 808. // 45 USC 647. // EMPLOYEE COMPENSATION AND INCENTIVE
COMMISSION.
"(a) The Secretary shall, within 30 days after the date of enactment
of this section, name a five-member Employee Compensation and Incentive
Commission. The members of the Commission shall be selected on the
basis of their knowledge of the railroad industry.
"(b) The Employee Compensation and Incentive Commission shall--,
"(1) evaluate the salary paid officers of Amtrak in relation to
Amtrak's ability to attract and maintain qualified officers; and
"(2) after consultation with the Corporation and railroad labor
organizations, develop a program for improving Amtrak employee
incentive and morale, including measures such as the institution
of recognition and financial awards for outstanding employees.
"(c) The Employee Compensation and Incentive Commission shall,
no later than March 1, 1980, submit recommendations to the Board
of Directors of the Corporation with respect to the matters
referred to in subsection (b) of this section. The Board of
Directors shall, within 90 days after the date of submission,
notify the Congress of (1) any action it plans to take to
implement the Commission's recommendations, and (2) any proposals
for additional legislation which the board considers necessary.".
Sec. 124. Title VIII of the Rail Passenger Service Act (45 U.S.C.
641 et seq.), as amended by this Act, is further amended by adding at
the end thereof the following new section:
" SEC. 809. // 45 USC 648. // MODEL PROGRAMS.
" Not later than October 1, 1979, the Corporation shall, in
consultation with railroad labor organizations, develop and implement a
Job Placement Program for employees who will be affected by the
reduction in work force caused by the implementation of the Secretary's
recommendations for the restructuring of routes. Such program shall
emphasize the facilitation of reemployment of employees dismissed or
dislocated as a result of corporate restructuring. In carrying out its
responsibilities under this section, the Corporation shall attempt to
reduce labor protection costs and maximize utilization of the employment
skills of affected employees. Such program may include job counseling,
placement advertising, skills improvement courses, and such other
activities as the Corporation considers appropriate to facilitate
reemployment of affected employees within or outside the rail industry."
Sec. 125. Title VIII of the Rail Passenger Service Act (45 U.S.C.
641 et seq.), as amended by this Act, is further amended by adding at
the end thereof the following new section:
" SEC. 810. // 45 USC 649. // STATE TAXATION STUDY.
" The Secretary shall conduct a study of the payment of taxes by the
Corporation to State and local governments, including the payment of
property taxes, sales taxes, gross revenue taxes, fuel taxes, licenses,
and other user fees, and any other taxes paid by the Corporation to such
governments, and shall make recommendations to the Congress no later
than January 1, 1980, concerning the advisability of relieving the
Corporation, either in whole or in part, or its obligation to make such
payments. In conducting such study, the Secretary shall consider--,
"(1) the requirement that the Corporation be operated and
managed as a for-profit corporation;
"(2) the certainty that the Corporation will need substantial
Federal subsidies for the foreseeable future;
"(3) the demand by States and localities for continued and
increased federally funded rail passenger service;
"(4) the benefit to States and localities of rail passenger
service directly funded by the Federal Government; and
"(5) the importance to the Nation of maintaining an efficient
and reliable national rail transportation system."
Sec. 126. Title VIII of the Rail Passenger Service Act (45 U.S.C.
641 et seq.), as amended by this Act, is further amended by adding at
the end thereof the following new section:
" Sec. 811. // 45 USC 650. // Within 60 days of the end of each
fiscal year beginning with fiscal year 1981, the Corporation shall
report to the Congress on the ratio of revenue to operating expenses on
all routes in the basic system. As part of such report, the Corporation
shall specifically identify those train routes which did not achieve a
50 percent revenue-to-expense ratio, and the Corporation shall include
statements explaining the reasons which prevented such ratios from being
achieved."
Sec. 127. Section 4(g) of the Amtrak Improvement Act of 1978 (Public
Law 95 - 421) // 92 Stat. 923. 45 USC 521 // is amended by striking out
the period at the end thereof and inserting in lieu thereof the
following: ": Provided, however, That implementation of the
Secretary's recommendations which require (1) operation over rail lines
not used in intercity passenger service upon the date of approval
thereof; (2) use of new facilities; or (3) new labor agreements, may
be deferred by the Corporation until any necessary capital improvements
in such lines or facilities, or required labor agreements, are made, to
permit service that is equivalent or improved service and is consistent
with the goals contained in subsection (a) of this section: And
provided further, That, notwithstanding any other provision of law,
pending deferred implementation of such recommendations, the Corporation
shall provide substitute service over existing routes which are
recommended for restructuring in whole or in part and over other
feasible existing routes, without reference to the Route and Service
Criteria. Substitute service provided over an existing route under this
paragraph shall continue to be operated after October 1, 1981, only if
such route meets the criteria set forth in section 404(d)(1) of the Rail
Passenger Service Act, as adjusted to reflect constant 1979 dollars;
but excepting any short-haul route concentrating on commuter
ridership.".
Sec. 128. The first sentence of section 4(i)(5) of the Department of
Transportation Act (49 U.S.C. 1653(i)(5)) is amended by striking out
"within two years following the approval of the application for Federal
financial assistance under this subsection" and inserting in lieu
thereof "within such time period as the Secretary establishes".
Sec. 129. // 45 USC 602 // Within 180 days after the effective date
of this Act, the Comptroller General shall submit a report to the
Congress recommending appropriate means for the National Railroad
Passenger Corporation to eliminate the obligations of the Corporation
that are guaranteed under section 602 of the Rail Passenger Service Act.
// 45 USC 602. // In developing such recommendations, the Comptroller
General shall consider (1) the feasibility of converting such
obligations into stock issued by the Corporation, (2) the likelihood of
obligation retirement from profits of the Corporation, (3) the ability
of the Corporation to continue to carry its debt service within the
context of operating subsidies, fairly and accurately reflecting current
operating costs, and (4) the extent to which debt incurred by the
Corporation prior to the effective date of this Act should be recognized
as unrecoverable.
ROUTES
Sec. 130. // 45 USC 564 // The National Railroad Passenger
Corporation shall conduct an evaluation of the possibility of providing
rail passenger service on a portion or segment of any route over which
service is discontinued on or after October 1, 1979. Such evaluation
shall include an examination of the potential market demand for rail
passenger service over a portion or segment of any such discontinued
route, and the cost of providing such service. The Corporation shall,
no later than February 15, 1980, submit a report to both Houses of the
Congress and to the Secretary of Transportation setting forth its
findings under this section.
Sec. 131. // 45 USC 545a // The National Railroad Passenger
Corporation shall, in conjunction with the United States Postal Service,
determine those mail transportation requirements which can be met by the
Corporation and shall develop and submit to the Congress, no later than
April 30, 1980, a report setting forth recommendations designed to
enable the Corporation to achieve maximum levels of mail carriage and
revenues derived from such carriage. Such report shall include the
following considerations:
(1) the modification of existing facilities to handle mail and
express more efficiently;
(2) the acquisition of modern materials handling equipment and
rolling stock;
(3) optimum scheduling;
(4) trains devoted exclusively to mail carriage;
(5) staffing and promotional requirements; and
(6) proposals for such legislative action as may be
appropriate.
Sec. 132. // 45 USC 545 // (a) Cost Allocation Report.--(1) Not later
than April 30, 1980, the President of the National Railroad Passenger
Corporation shall submit a report to the Congress on the feasibility of
establishing a system of uniform cost allocation for the Corporation
which would include--,
(A) the avoidable cost by route;
(B) the revenue (including mail and State subsidies, if any) by
route;
(C) the fully allocated cost by route;
(D) the number of passengers carried by route;
(E) the avoidable profit or loss by route;
(F) the fully allocated profit or loss by route;
(G) the profit or loss per passenger by route; and
(H) the profit or loss by revenue passenger mile.
(2) For the purposes of this section, the term--,
(A) "avoidable profit or loss" means the result of all revenue
attributable to a route minus all reasonable and necessary
expenses (including use of tracks and other facilities) which
would be incurred by a carrier in providing a service which the
carrier can establish that it would not incur if such service were
not operated, and all other services were continued; such costs
shall be restricted to costs solely related to the service and
variable portion of common costs which would not be incurred but
for the existence of the service; such costs shall exclude fixed
common costs, allocation of any common costs which do not vary as
a consequence of providing the service, return on investment,
rent, and any other costs which the carrier cannot establish that
it would not have reasonably and necessarily incurred but for the
existence of the service;
(B) "fully allocated profit or loss" means the avoidable costs
plus all other costs, other than unallocated costs, allocated to a
route according to the Corporation's current accounting practices;
and
(C) "unallocated costs" means those corporate interest,
general, and administrative costs not assigned to particular
routes.
(b) Profit and Loss Report.--(1) The Corporation shall prepare and
submit to the Committee on Commerce, Science, and Transportation and the
Committee on Appropriations of the Senate and the Committee on
Interstate and Foreign Commerce and the Committee on Appropriations of
the House of Representatives not later than April 30, 1980, a report
containing--,
(A) a profit and loss table by route for the upcoming fiscal
year, assuming a 50 percent Government reimbursement of the fully
allocated losses experienced by each such route; and
(B) the average ticket subsidy required to show a systemwide
public service profit (above and beyond such 50 percent Government
reimbursement) for the upcoming fiscal year.
(2) Such reports shall be based on the best possible data available
to the Corporation including, but not limited to, historical ridership
trends, marketing studies, general economic conditions, ticket pricing
policies, levels of services and equipment availability among other
factors.
(3) For the purposes of this section, the term "public service
profit" means the profit or loss experienced on each route after the
Government subsidies (both operating and ticket) are added to such
route's revenues.
Sec. 201. 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, 1980,
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 $28,500,000. Sums appropriated under this
subsection are authorized to remain available until expended.".
Sec. 202. Section 202(e) of the Regional Rail Reorganization Act of
1973 (45 U.S.C. 712(e)) is amended by adding at the end thereof the
following new paragraphs:
"(3) The Association shall transmit to the Congress, no later than 30
days after the end of each fiscal quarter, a report with respect to the
proceedings before the special court to determine the valuation of rail
properties conveyed to the Corporation under section 303 of this Act. //
45 USC 743. // Each such report shall include--,
"(A) a detailed accounting of the Federal funds expended during
such quarter in connection with such proceedings, and the purposes
for which such funds were expended;
"(B) an explanation of the status of such proceedings,
including the prospects for settlement or conclusion; and
"(C) an identification of which responsibilities in connection
with such proceedings are being carried out directly by the
Association, and which are being carried out by contract with
private organizations"
Sec. 203. Section 202 of the Regional Rail Reorganization Act of
1973 (45 U.S.C. 712) is amended by adding at the end thereof the
following new subsections:
"(h) Transfer of Litigation.--No later than March 1, 1980, the
Association and the Attorney General of the United States shall develop
and submit to the Congress a feasibility study for the transfer, to the
appropriate department or agency of the Federal Government, of all
responsibility for representing the United States in the proceedings
before the special court to determine the valuation of rail properties
conveyed to the Corporation under section 303 of this Act. // 45 USC
743. //
"(i) Transfer of Other Functions.--No later than March 1, 1980, the
Association and the Secretary of Transportation shall develop and submit
to the Congress a feasibility study for the transfer of all functions of
the Association, other than those referred to in subsection (h) of this
section, to the appropriate department or agency of the Federal
Government, including the abolition of those functions which will no
longer be necessary.
"(j) Monitoring of Contractors.--The Board of Directors of the
Association shall adopt procedures to insure (1) that contractors,
including law firms, provide reports containing written verification of
tasks assigned, work performed, time worked, and costs incurred,
including periodic status reports on work performed, (2) that such
reports are audited by the Association, (3) that no funds are paid to
contractors without written reports complying with the requirements of
this subsection, and (4) that the Association applies such procedures
uniformly to all contractors."
Sec. 204. (a) Payment of Premiums and Benefits.--Section 303(b)(6)(
B) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 743(b)(
6)(B)) is amended by striking out the first and second sentences and
inserting in lieu thereof the following:
"(B) The Corporation shall, through the purchase of insurance or
otherwise, maintain in effect any medical insurance coverage or so much
of any life insurance coverage that does not exceed in death benefits an
amount equal to twice the employee's annual salary at the time of
retirement or $60,000, whichever is lower, which coverage was maintained
by a railroad in reorganization in the region immediately prior to April
1, 1976, and which provides insurance benefits to employees who retired,
prior to April 1, 1976, from service with such a railroad. With respect
to any such employee whose medical or life insurance coverage lapsed
after April 1, 1976, due to nonpayment of premiums, the Corporation
shall--,
"(i) through the purchase of insurance or otherwise, provide
medical insurance benefits or life insurance benefits at the same
level as were provided by the employer railroad in reorganization
and in effect with respect to such employees immediately prior to
April 1, 1976, except that the life insurance benefits so provided
shall not exceed in death benefits an amount equal to twice the
employee's annual salary at the time of retirement or $60,000,
whichever is lower; and
"(ii) assume and pay any claim for such employee (or his
personal representative) for any such insurance benefits, if--,
1,
1976, and ending on the date insurance coverage is
provided
pursuant to clause (i) of this subparagraph;
such
period,
except that such death benefits shall not be paid for any such
employee in excess of an amount equal to twice the employee's
annual salary at the time of retirement or $60,000, whichever is
lower.".
(b) Amendments to Section 211(h).--(1) Section 211(h)(1)(A)(viii) of
the Regional Rail Reorganization Act of 1973 (45 U.S.C. 741(h)(1)(A)(
viii)) // 45 USC 721. // is amended to read as follows:
"(viii) amounts required to provide adequate funding for
continuation, by the corporation, of medical and life insurance
coverage and benefits for retired employees of railroads in
reorganization as required and limited by section 303(b)(6)(B) of
this Act.".
(2) Section 211(h)(6) of the Regional Rail Reorganization Act of 1973
(45 U.S.C. 741(h)(6)) // 45 USC 721. // is amended--,
(A) by inserting "(A)" immediately before " Notwithstanding";
(B) by redesignating subparagraphs (A), (B), and (C) as clauses
(i), (ii), and (iii), respectively, and redesignating clauses (i)
and (ii) as subclauses (I) and (II), respectively; and
(C) by adding at the end thereof the following new paragraph:
"(B) The Association shall have a direct claim, as a current expense
of administration of the estate of the railroad in reorganization whose
obligations were paid with the proceeds of loans forgiven under this
paragraph, equal to the amount by which the loans, plus interest, have
been forgiven. Such direct claim shall not be subject to any reduction
by way of setoff, cross-claim, or counterclaim which the estate of such
railroad in reorganization may be entitled to assert against the
Corporation, the National Railroad Passenger Corporation, the
Association, or the United States. The direct claim of the Association
under this paragraph shall be prior to all other administrative claims
of the estate of the railroad in reorganization, except claims arising
under trustee's certificates or from default on the payment of such
certificates"
Sec. 301. Section 10388 of title 49, United States Code, // 92 Stat.
1358. // is amended to read as follows:
" Section 10388. Authorization of appropriations
" There is authorized to be appropriated to the Office of Rail Public
Counsel to carry out this subchapter not to exceed $1,200,000 for the
fiscal year ending September 30, 1980"
Sec. 401. Sections 505(e), 507(a), 507(d), and 509 of the Railroad
Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 825(e),
827(a), 827(d), and 829) are amended by striking out " September 30,
1979" each place it appears and inserting in lieu thereof " September
30, 1980"
Sec. 501. // 45 USC 501 // (a) Except as provided in subsection (b),
the provisions of this Act shall take effect on October 1, 1979.
(b) The amendments made by section 204 of this Act // 45 USC 743 //
shall be effective as of the date of enactment of Public Law 95 - 597.
Approved September 29, 1979.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 96 - 189 (Comm. on Interstate and Foreign
Commerce) and No. 96 - 481 (Comm. of Conference).
SENATE REPORT No. 96 - 183 accompanying S. 712 (Comm. on Commerce,
Science, and Transportation).
CONGRESSIONAL RECORD, Vol. 125 (1979):
July 24, 25, considered and passed House.
Aug. 1, S. 712 considered and passed Senate.
Aug. 2, action of Aug. 1 vitiated and H.R. 3996 considered and
passed Senate, amended, in lieu.
Sept. 25, Senate agreed to conference report.
Sept. 27, House agreed to conference report, receded from its
disagreement and concurred in Senate amendment.
PUBLIC LAW 96-72, 93 STAT, 503, EXPORT ADMINISTRATION ACT OF 1979,
efficiency of export
regulation, and to minimize interference with the
ability to engage in commerce.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Section 1. This act // 50 USC app. 2401 // may be cited as the "
Export Administration Act of 1979".
Sec. 2. // 50 USC app. 2401. // The Congress makes the following
findings:
(1) The ability of United States citizens to engage in
international commerce is a fundamental concern of United States
policy.
(2) Exports contribute significantly to the economic well-being
of the United States and the stability of the world economy by
increasing employment and production in the United States, and by
strengthening the trade balance and the value of the United States
dollar, thereby reducing inflation. The restriction of exports
from the United States can have serious adverse effects on the
balance of payments and on domestic employment, particularly when
restrictions applied by the United States are more extensive than
those imposed by other countries.
(3) It is important for the national interest of the United
States that both the private sector and the Federal Government
place a high priority on exports, which would strengthen the
Nation's economy.
(4) The availability of certain materials at home and abroad
varies so that the quantity and composition of United States
exports and their distribution among importing countries may
affect the welfare of the domestic economy and may have an
important bearing upon fulfillment of the foreign policy of the
United States.
(5) Exports of goods or technology without regard to whether
they make a significant contribution to the military potential of
individual countries or combinations of countries may adversely
affect the national security of the United States.
(6) Uncertainty of export control policy can curtail the
efforts of American business to the detriment of the overall
attempt to improve the trade balance of the United States.
(7) Unreasonable restrictions on access to world supplies can
cause worldwide political and economic instability, interfere with
free international trade, and retard the growth and development of
nations.
(8) It is important that the administration of export controls
imposed for national security purposes give special emphasis to
the need to control exports of technology (and goods which
contribute significantly to the transfer of such technology) which
could make a significant contribution to the military potential of
any country or combination of countries which would be detrimental
to the national security of the United States.
(9) Minimization of restrictions on exports of agricultural
commodities and products is of critical importance to the
maintenance of a sound agricultural sector, to achievement of a
positive balance of payments, to reducing the level of Federal
expenditures for agricultural support programs, and to United
States cooperation in efforts to eliminate malnutrition and world
hunger.
Sec. 3. // 50 USC app. 2402. // The Congress makes the following
declarations:
(1) It is the policy of the United States to minimize
uncertainties in export control policy and to encourage trade with
all countries with which the United States has diplomatic or
trading relations, except those countries with which such trade
has been determined by the President to be against the national
interest.
(2) It is the policy of the United States to use export
controls only after full consideration of the impact on the
economy of the United States and only to the extent necessary--,
potential
of any other country or combination of countries which
would prove detrimental to the national security of the
United States;
of the
United States or to fulfill its declared
international obligations;
and
(3) It is the policy of the United States (A) to apply any
necessary controls to the maximum extent possible in cooperation
with all nations, and (B) to encourage observance of a uniform
export control policy by all nations with which the United States
has defense treaty commitments.
(4) It is the policy of the United States to use its economic
resources and trade potential to further the sound growth and
stability of its economy as well as to further its national
security and foreign policy objectives.
(5) It is the policy of the United States--,
fostered
or imposed by foreign countries against other countries
friendly to the United States or against any United
States
person;
technology
or other information to refuse to take actions,
including
furnishing information or entering into or implementing
agreements, which have the effect of furthering or
supporting
the restrictive trade practices or boycotts fostered or
imposed by any foreign country against a countr
friendly to
the United States or against any United States
person; and
development
of international rules and institutions to assure
reasonable
access to world supplies.
(6) It is the policy of the United States that the desirability
of subjecting, or continuing to subject, particular goods or
technology or other information to United States export controls
should be subjected to review by and consultation with
representatives of appropriate United States Goverment agencies
and private industry.
(7) It is the poicy of the United States to use export
controls, including license fees, to secure the removal by foreign
countries of restrictions on access to supplies where such
restrictions have or may have a serious domestic inflationary
impact, have caused or may cause a serious domestic shortage, or
have been imposed for purposes of influencing the foreign policy
of the United States. In effecting this policy, the President
shall make every reasonable effort to secure the removal or
reduction of such restrictions, policies, or actions through
international cooperation and agreement before resorting to the
imposition of controls on exports from the United States. No
action taken in fulfillment of the policy set forth in this
paragraph shall apply to the export of medicine or medical
supplies.
(8) It is the policy of the United States to use export
controls to encourage other countries to take immediate steps to
prevent the use of their territories or resources to aid,
encourage, or give sanctuary to those persons involved in
directing, supporting, or participating in acts of international
terrorism. To achieve this objective, the President shall make
every reasonable effort to secure the removal or reduction of such
assistance to international terrorists through international
cooperation and agreement before resorting to the imposition of
export controls.
(9) It is the policy of the United States to cooperate with
other countries with which the United States has defense treaty
commitments in restricting the export of goods and technology
which would make a significant contribution to the military
potential of any country or combination of countries which would
prove detrimental to the security of the United States and of
those countries with which the United States has defense treaty
commitments.
(10) It is the policy of the United States that export trade by
United States citizens be given a high priority and not be
controlled except when such controls (A) are necessary to further
fundamental national security, foreign policy, or short supply
objectives, (B) will clearly further such objectives, and (C) are
administered consistent with basic standards of due process.
(11) It is the policy of the United States to minimize
restrictions on the export of agricultural commodities and
products.
Sec. 4. // 50 USC app. 2403. // (a) Types of Licensee.--Under such
conditions as may be imposed by the Secretary which are consistent with
the provisions of this Act, the Secretary may require any of the
following types of export licenses:
(1) A validated license, authorizing a specific export, issued
pursuant to an application by the exporter.
(2) A qualified general license, authorizing multiple exports,
issued pursuant to an application by the exporter.
(3) A general license, authorizing exports, without application
by the exporter.
(4) Such other licenses as may assist in the effective and
efficient implementation of this Act.
(b) Commodity Control List.--The Secretary shall establish and
maintain a list (hereinafter in this Act referred to as the "commodity
control list") consisting of any goods or technology subject to export
controls under this Act.
(c) Foreign Availability.--In accordance with the provisions of this
Act, the President shall not impose export controls for foreign policy
or national security purposes on the export from the United States of
goods or technology which he determines are available without
restriction from sources outside the United States in significant
quantities and comparable in quality to those produced in the United
States, unless the President determines that adequate evidence has been
presented to him demonstrating that the absence of such controls would
prove detrimental to the foreign policy or national security of the
United States.
(d) Right of Export.--No authority or permission to export may be
required under this Act, or under regulations issued under this Act,
except to carry out the policies set forth in section 3 of this Act.
(e) Delegation of Authority.--The President may delegate the power,
authority, and discretion conferred upon him by this Act to such
departments, agencies, or officials of the Government as he may consider
appropriate, except that no authority under this Act may be delegated
to, or exercised by, any official of any department or agency the head
of which is not appointed by the President, by and with the advice and
consent of the Senate. The President may not delegate or transfer his
power, authority, and discretion to overrule or modify any
recommendation or decision made by the Secretary, the Secretary of
Defense, or the Secretary of State pursuant to the provisions of this
Act.
(f) Notification of the Public; Consultation With Business.--The
Secretary shall keep the public fully apprised of changes in export
control policy and procedures instituted in conformity with this Act
with a view to encouraging trade. The Secretary shall meet regularly
with representatives of the business sector in order to obtain their
views on export control policy and the foreign availability of goods and
technology.
Sec. 5. // 50 USC app. 2404. // (a) Authority.--(1) In order to
carry out the policy set forth in section 3(2)(A) of this Act, the
President may, in accordance with the provisions of this section,
prohibit or curtail the export of any goods or technology subject to the
jurisdiction of the United States or exported by any person subject to
the jurisdiction of the United States. The authority contained in this
subsection shall be exercised by the Secretary, in consultation with the
Secretary of Defense, and such other departments and agencies as the
Secretary considers appropriate, and shall be implemented by means of
export licenses described in section 4(a) of this Act.
(2)(A) Whenever the Secretary makes any revision with respect to any
goods or technology, or with respect to the countries or destinations,
affected by export controls imposed under this section, the Secretary
shall publish in the Federal Register a notice of such revision and
shall specify in such notice that the revision relates to controls
imposed under the authority contained in this section.
(B) Whenever the Secretary denies any export license under this
section, the Secretary shall specify in the notice to the applicant of
the denial of such license that the license was denied under the
authority contained in this section. The Secretary shall also include
in such notice what, if any, modifications in or restrictions on the
goods or technology for which the license was sought would allow such
export to be compatible with controls imposed under this section, or the
Secretary shall indicate in such notice which officers and employees of
the Department of Commerce who are familiar with the application will be
made reasonably available to the applicant for consultation with regard
to such modifications or restriction, if appropriate.
(3) In issuing regulations to carry out this section, particular
attention shall be given to the difficulty of devising effective
safeguards to prevent a country that poses a threat to the security of
the United States from diverting critical technologies to military use,
the difficulty of devising effective safeguards to protect critical
goods, and the need to take effective measures to prevent the reexport
of critical technologies from other countries to countries that pose a
threat to the security of the United States. Such regulations shall not
be based upon the assumption that such effective safeguards can be
devised.
(b) Policy Toward Individual Countries.--In administering export
controls for national security purposes under this section, United
States policy toward individual countries shall not be determined
exclusively on the basis of a country's Communist or non-Communist
status but shall take into account such factors as the country's present
and potential relationship to the * United States, its present and
potential relationship to countries friendly or hostile to the United
States, its ability and willingness to control retransfers of United
States exports in accordance with United States policy, and such other
factors as the President considers appropriate. The President shall
review not less frequently than every three years in the case of
controls maintained cooperatively with other nations, and annually in
the case of all other controls, United States policy toward individual
countries to determine whether such policy is appropriate in light of
the factors specified in the preceding sentence.
(c) Control List.--(1) The Secretary shall establish and maintain, as
part of the commodity control list, a list of all goods and technology
subject to export controls under this section. Such goods and
technology shall be clearly indentified as being subject to controls
under this section.
(2) The Secretary of Defense and other appropriate departments and
agencies shall identify goods and technology for inclusion on the list
referred to in paragraph (1). Those items which the Secretary and the
Secretary of Defense concur shall be subject to export controls under
this section shall comprise such list. If the Secretary and the
Secretary of Defense are unable to concur on such items, the matter
shall be referred to the President for resolution.
(3) The Secretary shall issue regulations providing for review of the
list established pursuant to this subsection not less frequently than
every 3 years in the case of controls maintained cooperatively with
other countries, and annually in the case of all other controls, in
order to carry out the policy set forth in section 3(2)(A) and the
provisions of this section, and for the prompt issuance of such
revisions of the list as may be necessary. Such regulations shall
provide interested Government agencies and other affected or potentially
affected parties with an opportunity, during such review, to submit
written data, views, or arguments, with or without oral presentation.
Such regulations shall further provide that, as part of such review, an
assessment be made of the availability from sources outside the United
States, or any of its territories or possessions, of goods and
technology comparable to those controlled under this section. The
Secretary and any agency rendering advise with respect to export
controls shall keep adequate records of all decisions made with respect
to revision of the list of controlled goods and technology, including
the factual and analytical basis for the decision, and, in the case of
the Secretary, any dissenting recommendations received from any agency.
(d) Militarily Critical Technologies.--(1) The Secretary, in
consultation with the Secretary of Defense, shall review and revise the
list established pursuant to subsection (c), as prescribed in paragraph
(3) of such subsection, for the purpose of insuring that export controls
imposed under this section cover and (to the maximum extent consistent
with the purposes of this Act) are limited to militarily critical goods
and technologies and the mechanisms through which such goods and
technologies may be effectively transferred.
(2) The Secretary of Defense shall bear primary responsibility for
developing a list of militarily critical technologies. In developing
such list, primary emphasis shall be given to--,
(A) arrays of design and manufacturing know-how,
(B) keystone manufacturing, inspection, and test equipment, and
(C) goods accompanied by sophisticated operation, application,
or maintenance know-how,
which are not possessed by countries to which exports are controlled
under this section and which, if exported, would permit a significant
advance in a military system of any such country.
(3) The list referred to in paragraph (2) shall be sufficiently
specific to guide the determinations of any official exercising export
licensing responsibilities under this Act.
(4) The initial version of the list referred to in paragraph (2)
shall be completed and published in an appropriate form in the Federal
Register not later than October 1, 1980.
(5) The list of militarily critical technologies developed primarily
by the Secretary of Defense pursuant to paragraph (2) shall become a
part of the commodity control list, subject to the provisions of
subsection (c) of this section.
(6) The Secretary of Defense shall report annually to the Congress on
actions taken to carry out this subsection.
(e) Export Licenses.--(1) The Congress finds that the effectiveness
and efficiency of the process of making export licensing determinations
under this section is severely hampered by the large volume of validated
export license applications required to be submitted under this Act.
Accordingly, it is the intent of Congress in this subsection to
encourage the use of a qualified general license in lieu of a validated
license.
(2) To the maximum extent practicable, consistent with the national
security of the United States, the Secretary shall require a validated
license under this section for the export of goods or technology only
if--,
(A) the export of such goods or technology is restricted
pursuant to a multilateral agreement, formal or informal, to which
the United States is a party and, under the terms of such
multilateral agreement, such export requires the specific approval
of the parties to such multilateral agreement;
(B) with respect to such goods or technology, other nations do
not possess capabilities comparable to those possessed by the
United States; or
(C) the United States is seeking the agreement of other
suppliers to apply comparable controls to such goods or technology
and, in the judgment of the Secretary, United States export
controls on such goods or technology, by means of such license,
are necessary pending the conclusion of such agreement.
(3) To the maximum extent practicable, consistent with the national
security of the United States, the Secretary shall require a qualified
general license, in lieu of a validated license, under this section for
the export of goods or technology if the export of such goods or
technology is restricted pursuant to a multilateral agreement, formal or
informal, to which the United States is a party, but such export does
not require the sepcific approval of the parties to such multilateral
agreement.
(4) Not later than July 1, 1980, the Secretary shall establish
procedures for the approval of goods and technology that may be exported
pursuant to a qualified general license.
(f) Foreign Availability.--(1) The Secretary, in consultation with
appropriate Government agencies and with appropriate technical advisory
committees established pursuant to subsection (h) of this section, shall
review, on a continuing basis, the availability, to countries to which
exports are controlled under this section, from sources outside the
United States, including countries which participate with the United
States in multilateral export controls, of any goods or technology the
export of which requires a validated license under this section. In any
case in which the Secretary determines, in accordance with procedures
and criteria which the Secretary shall by regulation establish, that any
such goods or technology are available in fact to such destinations from
such sources in sufficient quantity and of sufficient quality so that
the requirement of a validated license for the export of such goods or
technology is or would be ineffective in achieving the purpose set forth
in subsection (a) of this section, the Secretary may not, after the
determination is made, require a validated license for the export of
such goods or technology during the period of such foreign availability,
unless the President determines that the absence of export controls
under this section would prove detrimental to the national security to
the United States. In any case in which the President determines that
export controls under this section must be maintained notwithstanding
foreign availability, the Secretary shall publish that determination
together with a concise statement of its basis, and the estimated
economic impct of the decision.
(2) The Secretary shall approve any application for a validated
license which is required under this section for the export of any goods
or technology to a particular country and which meets all other
requirements for such an application, if the Secretary determines that
such goods or technology will, if the license is denied, be available in
fact to such country from sources outside the United States, including
countries which participate with the United States in multilateral
export controls, in sufficient quantity and of sufficient quality so
that denial of the license would be ineffective in achieving the purpose
set forth in subsection (a) of this section, subject to the exception
set forth in paragraph (1) of this subsection. In any case in which the
Secretary makes a determination of foreign availability under this
paragraph with respect to any goods or technology, the Secretary shall
determine whether a determination of foreign availability under
paragraph (1) with respect to such goods or technology is warranted.
(3) With respect to export controls imposed under this section, any
determination of foreign availability which is the basis of a decision
to grant a license for, or to remove a control on, the export of a good
or technology, shall be made in writing and shall be supported by
reliable evidence, including scientific or physical examination, expert
opinion based upon adequate factual information, or intelligence
information. In assessing foreign availability with respect to license
applications, uncorroborated representations by applicants shall not be
deemed sufficient evidence of foreign availability.
(4) In any case in which, in accordance with this subsection, export
controls are imposed under this section notwithstanding foreign
availability, the President shall take steps to initiate negotiations
with the governments of the appropriate foreign countries for the
purpose of eliminating such availability. Whenever the President has
reason to believe goods or technology subject to export control for
national security purposes by the United States may become available
from other countries to countries to which exports are controlled under
this section and that such availability can be prevented or eliminated
by means of negotiations with such other countries, the President shall
promptly initiate negotiations with the governments of such other
countries to prevent such foreign availability.
(5) In order to further carry out the policies set forth in this Act,
the Secretary shall establish, within the Office of Export
Administration of the Department of Commerce, a capability to monitor
and gather information with respect to the foreign availability of any
goods or technology subject to export controls under this Act.
(6) Each department or agency of the United States with
responsibilities with respect to export controls, including intelligence
agencies, shall, consistent with the protection of intelligence sources
and methods, furnish information to the Office of Export Administration
concerning foreign availability of goods and technology subject to
export controls under this Act, and such Office, upon request or where
appropriate, shall furnish to such departments and agencies the
information it gathers and receives concerning foreign availability.
(g) Indexing.--In order to ensure that requirements for validated
licenses and qualified general licenses are periodically removed as
goods or technology subject to such requirements become obsolete with
respect to the national security of the United States, regulations
issued by the Secretary may, where appropriate, provide for annual
increases in the performance levels of goods or technology subject to
any such licensing requirement. Any such goods or technology which no
longer meet the performance levels established by the latest such
increase shall be removed from the list established pursuant to
subsection (c) of this section unless, under such exceptions and under
such procedures as the Secretary shall prescribe, any other department
or agency of the United States objects to such removal and the Secretary
determines, on the basis of such objection, that the goods or technology
shall not be removed from the list. The Secretary shall also consider,
where appropriate, removing site visitation requirements for goods and
technology which are removed from the list unless objections described
in this subsection are raised.
(h) Technical Advisory Committees.--(1) Upon written request by
representatives of a substantial segment of any industry which produces
any goods or technology subject to export controls under this section or
being considered for such controls because of their significance to the
national security of the United States, the Secretary shall appoint a
technical advisory committee for any such goods or technology which the
Secretary determines are difficult to evaluate because of questions
concerning technical matters, worldwide availability, and actual
utilization of production and technology, or licensing procedures. Each
such committee shall consist of representatives of United States
industry and Government, including the Departments of Commerce, Defense,
and State and, in the discretion of the Secretary, other Government
departments and agencies. No person serving on any such committee who
is a representative of industry shall serve on such committee for more
than four consecutive years.
(2) Technical advisory committees established under paragraph (1)
shall advise and assist the Secretary, the Secretary of Defense, and any
other department, agency, or official of the Government of the United
States to which the President delegates authority under this Act, with
respect to actions designed to carry out the policy set forth in section
3(2)(A) of this Act. Such committees, where they have expertise in such
matters, shall be consulted with respect to questions involving (A)
technical matters, (B) worldwide availability and actual utilization of
production technology, (C) licensing procedures which affect the level
of export controls applicable to any goods or technology, and (D)
exports subject to multilateral controls in which the United States
participates, including proposed revisions of any such multilateral
controls. Nothing in this subsection shall prevent the Secretary or the
Secretary of Defense from consulting, at any time, with any person
representing industry or the general public, regardless of whether such
person is a member of a technical advisory committee. Members of the
public shall be given a reasonable opportunity, pursuant to regulations
prescribed by the Secretary, to present evidence to such committees.
(3) Upon request of any member of any such committee, the Secretary
may, if the Secretary determines it appropriate, reimburse such member
for travel, subsistence, and other necessary expenses incurred by such
member in connection with the duties of such member.
(4) Each such committee shall elect a chairman, and shall meet at
least every three months at the call of the chairman, unless the
chairman determines, in consultation with the other members of the
committee, that such a meeting is not necessary to achieve the purposes
of this subsection. Each such committee shall be terminated after a
period of 2 years, unless extended by the Secretary for additional
periods of 2 years. The Secretary shall consult each such committee
with respect to such termination or extension of that committee.
(5) To facilitate the work of the technical advisory committees, the
Secretary, in conjunction with other departments and agencies
participating in the administration of this Act, shall disclose to each
such committee adequate information, consistent with national security,
pertaining to the reasons for the export controls which are in effect or
contemplated for the goods or technology with respect to which that
committee furnishes advice.
(6) Whenever a technical advisory committee certifies to the
Secretary that goods or technology with respect to which such committee
was appointed have become available in fact, to countries to which
exports are controlled under this section, from sources outside the
United States, including countries which participate with the United
States in multilateral export controls, in sufficient quantity and of
sufficient quality so that requiring a validated license for the export
of such goods or technology would be ineffective in achieving the
purpose set forth in subsection (a) of this section, and provides
adequate documentation for such certification, in accordance with the
procedures established pursuant to subsection (f)(1) of this section,
the Secretary shall investigate such availability, and if such
availability is verified, the Secretary shall remove the requirement of
a validated license for the export of the goods or technology, unless
the President determines that the absence of export controls under this
section would prove detrimental to the national security of the United
States. In any case in which the President determines that export
controls under this section must be maintained notwithstanding foreign
availability, the Secretary shall publish that determination together
with a concise statement of its basis and the estimated economic impact
of the decision.
(i) Multilateral Export Controls.--The President shall enter into
negotiations with the governments participating in the group known as
the Coordinating Committee (hereinafter in this subsection referred to
as the " Committee") with a view toward accomplishing the following
objectives:
(1) Agreement to publish the list of items controlled for
export by agreement of the Committee, together with all notes,
understandings, and other aspects of such agreement of the
Committee, and all changes thereto.
(2) Agreement to hold periodic meetings with high-level
representatives of such governments, for the purpose of discussing
export control policy issues and issuing policy guidance to the
Committee.
(3) Agreement to reduce the scope f the export controls imposed
by agreement of the Committee to a level acceptable to and
enforceable by all governments participating in the Committee.
(4) Agreement on more effective procedures for enforcing the
export controls agreed to pursuant to paragraph (3).
(j) Commercial Agreements With Certain Countries.--(1) Any United
States firm, enterprise, or other nongovernmental entity which, for
commercial purposes, enters into any agreement with any agency of the
government of a country to which exports are restricted for national
security purposes, which agreement cites an intergovernmental agreement
(to which the United States and such country are parties) calling for
the encouragement of technical cooperation and is intended to result in
the export from the United States to the other party of unpublished
technical data of United States origin, shall report the agreement with
such agency to the Secretary.
(2) The provisions of paragraph (1) shall not apply to colleges,
universities, or other educational institutions.
(k) Negotiations With Other Countries.--The Secretary of State, in
consultation with the Secretary of Defense, the Secretary of Commerce,
and the heads of other appropriate departments and agencies, shall be
responsible for conducting negotiations with other countries regarding
their cooperation in restricting the export of goods and technology in
order to carry out the policy set forth in section 3(9) of this Act, as
authorized by subsection (a) of this section, including negotiations
with respect to which goods and technology should be subject to
multilaterally agreed export restrictions and what conditions should
apply for exceptions from those restrictions.
(1) Diversion to Military Use of Controlled Goods or Technology.--(
1) Whenever there is reliable evidence that goods or technology, which
were exported subject to national security controls under this section
to a country to which exports are controlled for national security
purposes, have been diverted to significant military use in violation of
the conditions of an export license, the Secretary for as long as that
diversion to significant military use continues--,
(A) shall deny all further exports to the party responsible for
that diversion of any goods or technology subject to national
security controls under this section which contribute to that
particular military use, regardless of whether such goods or
technology are available to that country from sources outside the
United States; and
(B) may take such additional steps under this Act with respect
to the party referred to in subparagraph (A) as are feasible to
deter the further military use of the previously exported goods or
technology.
(2) As used in this subsection, the terms "diversion to significant
military use" and "significant military use" means the use of United
States goods or technology to design or produce any item on the United
States Munitions List.
Sec. 6. // 50 USC app. 2405. // (a) Authority.--(1) In order to
carry out the policy set forth in paragraph (2)(B), (7), or (8) of
section 3 of this Act, the President may prohibit or curtail the
exportation of any goods, technology, or other information subject to
the jurisdiction of the United States or exported by any person subject
to the jurisdiction of the United States, to the extent necessary to
further significantly the foreign policy of the United States or to
fulfill its declared international obligations. The authority granted
by this subsection shall be exercised by the Secretary, in consultation
with the Secretary of State and such other departments and agencies as
the Secretary considers appropriate, and shall be implemented by means
of export licenses issued by the Secretary.
(2) Export controls maintained for foreign policy purposes shall
expire on December 31, 1979, or one year after imposition, whichever is
later, unless extended by the President in accordance with subsections
(b) and (e). Any such extension and any subsequent extension shall not
be for a period of more than one year.
(3) Whenever the Secretary denies any export license under this
subsection, the Secretary shall specify in the notice to the applicant
of the denial of such license that the license was denied under the
authority contained in this subsection, and the reasons for such denial,
with reference to the criteria set forth in subsection (b) of this
section. The Secretary shall also include in such notice what, if any,
modifications in or restrictions on the goods or technology for which
the license was sought would allow such export to be compatible with
controls implemented under this section, or the Secretary shall indicate
in such notice which officers and employees of the Department of
Commerce who are familiar with the application will be made reasonably
available to the applicant for consultation with regard to such
modifications or restrictions, if appropriate.
(4) In accordance with the provisions of section 10 of this Act, the
Secretary of State shall have the right to review any export license
application under this section which the Secretary of State requests to
review.
(b) Criteria.--When imposing, expanding, or extending export controls
under this section, the President shall consider--,
(1) the probability that such controls will achieve the
intended foreign policy purpose, in light of other factors,
including the availability from other countries of the goods or
technology proposed for such controls;
(2) the compatibility of the proposed controls with the foreign
policy objectives of the United States, including the effort to
counter international terrorism, and with overall United States
policy toward the country which is the proposed target of the
controls;
(3) the reaction of other countries to the imposition or
expansion of such export controls by the United States;
(4) the likely effects of the proposed controls on the export
performance of the United States, on the competitive position of
the United States in the international economy, on the
international reputation of the United States as a supplier of
goods and technology, and on individual United States companies
and their employees and communities, including the effects of the
controls on existing contracts;
(5) the ability of the United States to enforce the proposed
controls effectively; and
(6) the foreign policy consequences of not imposing controls.
(c) Consulatation With Industry.--The Secretary, before imposing
export controls under this section, shall consult with such affected
United States industries as the Secretary considers appropriate, with
respect to the criteria set forth in paragraphs (1) and (4) of
subsection (b) and such other matters as the Secretary considers
appropriate.
(d) Alternative Means.--Before resorting to the imposition of export
controls under this section, the President shall determine that
reasonable efforts have been made to achieve the purposes of the
controls through negotiations or other alternative means.
(e) Notification To Congress.--The President in every possible
instance shall consult with the Congress before imposing any export
control under this section. Except as provided in section 7(g)(3) of
this Act, whenever the President imposes, expands, or extends export
controls under this section, the President shall immediately notify the
Congress of such action and shall submit with such notification a report
specifying--,
(1) the conclusions of the President with respect to each of
the criteria set forth in subsection (b); and
(2) the nature and results of any alternative means attempted
under subsection (d), or the reasons for imposing, extending, or
expanding the control without attempting any such alternative
means.
Such report shall also indicate how such controls will further
significantly the foreign policy of the United States or will further
its declared international obligations. To the extent necessary to
further the effectiveness of such export control, portions of such
report may be submitted on a classified basis, and shall be subject to
the provisions of section 12(c) of this Act.
(f) Exclusion for Medicine and Medical Supplies.--This section does
not authorize export controls on medicine or medical supplies. It is the
intent of Congress that the President not impose export controls under
this section on any goods or technology if he determines that the
principal effect of the export of such goods or technology would be to
help meet basic human needs. This subsection shall not be construed to
prohibit the President from imposing restrictions on the export of
medicine or medical supplies, under the International Emergency Economic
Powers Act. // 50 USC 1701 // This subsection shall not apply to any
export control on medicine or medical supplies which is in effect on the
effective date of this Act.
(g) Foreign Availability.--In applying export controls under this
section, the President shall take all feasible steps to initiate and
conclude negotiations with appropriate foreign governments for the
purpose of securing the cooperation of such foreign governments in
controlling the export to countries and consignees to which the United
States export controls apply of any goods or technology comparable to
goods or technology controlled under this section.
(h) International Obligations.--The provisions of subsections (b),
(c), (d), (f), and (g) shall not apply in any case in which the
President exercises the authority contained in this section to impose
export controls, or to approve or deny export license applications, in
order to fulfill obligations of the United States pursuant to treaties
to which the United States is a party or pursuant to other international
agreements.
(i) Countries Supporting International Terrorism.--The Secretary and
the Secretary of State shall notify the Committee on Foreign Affairs of
the House of Representatives and the Committee on Banking, Housing, and
Urban Affairs of the Senate before any license is approved for the
export of goods or technology valued at more than $7,000,000 to any
country concerning which the Secretary of State has made the following
determinations:
(1) Such country has repeatedly provided support for acts of
international terrorism.
(2) Such exports would make a significant contribution to the
military potential of such country, including its military
logistics capability, or would enhance the ability of such country
to support acts of international terrorism.
(j) Crime Control Instruments.--(1) Crime control and detection
instruments and equipment shall be approved for export by the Secretary
only pursuant to a validated export license.
(2) The provisions of this subsection shall not apply with respect to
exports to countries which are members of the North Atlantic Treaty
Organization or to Japan, Australia, or New Zealand, or to such other
countries as the President shall designate consistent with the purposes
of this subsection and section 502 B of the Foreign Assistance Act of
1961. // 22 USC 2304. //
(k) Control List.--The Secretary shall establish and maintain, as
part of the commodity control list, a list of any goods or technology
subject to export controls under this section, and the countries to
which such controls apply. Such goods or technology shall be clearly
identified as subject to controls under this section. Such list shall
consist of goods and technology identified by the Secretary of State,
with the concurrence of the Secretary. If the Secretary and the
Secretary of State are unable to agree on the list, the matter shall be
referred to the President. Such list shall be reviewed not less
frequently than every three years in the case of controls maintained
cooperatively with other countries, and annually in the case of all
other controls, for the purpose of making such revisions as are
necessary in order to carry out this section. During the course of such
review, an assessment shall be made periodically of the availability
from sources outside the United States, or any of its territories or
possessions, of goods and technology comparable to those controlled for
export from the United States under this section.
Sec. 7. // 50 USC app. 2406. // (a) Authority.--(1) In order to
carry out the policy set forth in section 3(2)(C) of this Act, the
President may prohibit or curtail the export of any goods subject to the
jurisdiction of the United States or exported by any person subject to
the jurisdiction of the United States. In curtailing exports to carry
out the policy set forth in section 3(2)(C) of this Act, the President
shall allocate a portion of export licenses on the basis of factors
other than a prior history of exportation. Such factors shall include
the extent to which a country engages in equitable trade practices with
respect to United States goods and treats the United States equitably in
times of short supply.
(2) Upon imposing quantitative restrictions on exports of any goods
to carry out the policy set forth in section 3(2)(C) of this Act, the
Secretary shall include in a notice published in the Federal Register
with respect to such restrictions an invitation to all interested
parties to submit written comments within 15 days from the date of
publication on the impact of such restrictions and the method of
licensing used to implement them.
(3) In imposing export controls under this section, the President's
authority shall include, but not be limited to, the imposition of export
license fees.
(b) Monitoring.--(1) In order to carry out the policy set forth in
section 3(2)(C) of this Act, the Secretary shall monitor exports, and
contracts for exports, of any good (other than a commodity which is
subject to the reporting requirements of section 812 of the Agricultural
Act of 1970) // 7 USC 612c-3. // when the volume of such exports in
relation to domestic supply contributes, or may contribute, to an
increase in domestic prices or a domestic shortage, and such price
increase or shortage has, or may have, a serious adverse impact on the
economy or any sector thereof. Any such monitoring shall commerce at a
time adequate to assure that the monitoring will result in a data base
sufficient to enable policies to be developed, in accordance with
section 3(2)(C) of this Act, to mitigate a short supply situation or
serious inflationary price rise or, if export controls are needed, to
permit imposition of such controls in a timely manner. Information
which the Secretary requires to be furnished in effecting such
monitoring shall be confidential, except as provided in paragraph (2) of
this subsection.
(2) The results of such monitoring shall, to the extent practicable,
be aggregated and included in weekly reports setting forth, with respect
to each item monitored, actual and anticipated exports, the destination
by country, and the domestic and worldwide price, supply, and demand.
Such reports may be made monthly if the Secretary determines that there
is insufficient information to justify weekly reports.
(3) The Secretary shall consult with the Secretary of Energy to
determine whether monitoring or export controls under this section are
warranted with respect to exports of facilities, machinery, or equipment
normally and principally used, or intended to be used, in the
production, conversion, or transportation of fuels and energy (except
nuclear energy), including, but not limited to, drilling rigs,
platforms, and equipment; petroleum refineries, natural gas processing,
liquefaction, and gasification plants; facilities for production of
synthetic natural gas or synthetic crude oil; oil and gas pipelines,
pumping stations, and associated equipment; and vessels for
transporting oil, gas, coal, and other fuels.
(c) Petitions for Monitoring or Controls.--(1)(A) Any entity,
including a trade association, firm, or certified or recognized union or
group of workers, which is representative of an industry or a
substantial segment of an industry which processes metallic materials
capable of being recycled with respect to which an increase in domestic
prices or a domestic shortage, either of which results from increased
exports, has or may have a significant adverse effect on the national
economy or any sector thereof, may transmit a written petition to the
Secretary requesting the monitoring of exports, or the imposition of
export controls, or both, with respect to such material, in order to
carry out the policy set forth in section 3(2)(C) of this Act.
(B) Each petition shall be in such form as the Secretary shall
prescribe and shall contain information in support of the action
requested. The petition shall include any information reasonably
available to the petitioner indicating (i) that there has been a
significant increase, in relation to a specific period of time, in
exports of such material in relation to domestic supply, and (ii) that
there has been a significant increase in the price of such material or a
domestic shortage of such material under circumstances indicating the
price increase or domestic shortage may be related to exports.
(2) Within 15 days after receipt of any petition described in
paragraph (1), the Secretary shall publish a notice in the Federal
Register. The notice shall (A) include the name of the material which
is the subject of the petition, (B) include the Schedule B number of the
material as set forth in the Statistical Classification of Domestic and
Foreign Commodities Exported from the United States, (C) indicate
whether the petitioner is requesting that controls or monitoring, or
both, be imposed with respect to the exportation of such material, and
(D) provide that interested persons shall have a period of 30 days
commencing with the date of publication of such notice to submit to the
Secretary written data, views, or arguments, with or without opportunity
for oral presentation, with respect to the matter involved. At the
request of the petitioner or any other entity described in paragraph
(1)(A) with respect to the material which is the subject of the
petition, or at the request of any entity representative of producers or
exporters of such material, the Secretary shall conduct public hearings
with respect to the subject of the petition, in which case the 30-day
period may be extended to 45 days.
(3) Within 45 days after the end of the 30- or 45-day period
described in paragraph (2), as the case may be, the Secretary shall--,
(A) determine whether to impose monitoring or controls, or
both, on the export of such material, in order to carry out the
policy set forth in section 3(2)(C) of this Act; and
(B) publish in the Federal Register a detailed statement of the
reasons for such determination.
(4) Within 15 days after making a determination under paragraph (3)
to impose monitoring or controls on the export of a material, the
Secretary shall publish in the Federal Register proposed regulations
with respect to such monitoring or controls. Within 30 days following
the publication of such proposed regulations, and after considering any
public comments thereon, the Secretary shall publish and implement final
regulations with respect to such monitoring or controls.
(5) For purposes of publishing notices in the Federal Register and
scheduling public hearings pursuant to this subsection, the Secretary
may consolidate petitions, and responses thereto, which involve the same
or related materials.
(6) If a petition with respect to a particular material or group of
materials has been considered in accordance with all the procedures
prescribed in this subsection, the Secretary may determine, in the
absence of significantly changed circumstances, that any other petition
with respect to the same material or group of materials which is filed
within 6 months after consideration of the prior petition has been
completed does not merit complete consideration under this subsection.
(7) The procedures and time limits set forth in this subsection with
respect to a petition filed under this subsection shall take precedence
over any review undertaken at the initiative of the Secretary with
respect to the same subject as that of the petition.
(8) The Secretary may impose monitoring or controls on a temporary
basis after a petition is filed under paragraph (1)(A) but before the
Secretary makes a determination under paragraph (3) if the Secretary
considers such action to be necessary to carry out the policy set forth
in section 3(2)(C) of this Act.
(9) The authority under this subsection shall not be construed to
affect the authority of the Secretary under any other provision of this
Act.
(10) Nothing contained in this subsection shall be construed to
preclude submission on a confidential basis to the Secretary of
information relevant to a decision to impose or remove monitoring or
controls under the authority of this Act, or to preclude consideration
of such information by the Secretary in reaching decisions required
under this subsection. The provisions of this paragraph shall not be
construed to affect the applicability of section 552(b) of title 5,
United State Code.
(d) Domestically Produced Crude Oil.--(1) Notwithstanding any other
provision of this Act and notwithstanding subsection (u) of section 28
of the Mineral Leasing Act of 1920 (30 U.S.C. 185), no domestically
produced crude oil transported by pipeline over right-of-way granted
pursuant to section 203 of the Trans-Alaska Pipeline Authorization Act
(43 U.S.C. 1652) (except any such crude oil which (A) is exported to an
adjacent foreign country to be refined and consumed therein in exchange
for the same quantity of crude oil being exported from that country to
the United States; such exchange must result through convenience or
increased efficiency of transportation in lower prices for consumers of
petroleum products in the United States as described in paragraph (2)(
A)(ii) of this subsection, or (B) is temporarily exported for
convenience or increased efficiency of transportation across parts of an
adjacent foreign country and reenters the United States) may be exported
from the United States, or any of its territories and possessions,
unless the requirements of paragraph (2) of this subsection are met.
(2) Crude oil subject to the prohibition contained in paragraph (1)
may be exported only if--,
(A) the President makes and publishes express findings that
exports of such crude oil, including exchanges--,
committed
to be transported to and sold within the United
States;
such
exports or exchanges, result in (I) acquisition costs
to the
refiners which purchase the imported crude oil being
lower
than the acquisition costs such refiners would have to
pay
for the domestically produced oil in the absence of
such an
export or exchange, and (II) not less than 75 percent
of such
savings in costs being reflected in wholesale and
retail prices
of products refined from such imported crude oil;
States are
interrupted, threatened, or diminished;
interest;
and
and
(B) the President reports such findings to the Congress and the
Congress, within 60 days thereafter, agrees to a concurrent
resolution approving such exports on the basis of the findings.
(3) Notwithstanding any other provision of this section or any other
provision of law, including subsection (u) of section 28 of the Mineral
Leasing Act of 1920, // 30 USC 185. // the President may export oil to
any country pursuant to a bilateral international oil supply agreement
entered into by the United States with such nation before June 25, 1979,
or to any country pursuant to the International Emergency Oil Sharing
Plan of the International Energy Agency.
(e) Refined Petroleum Products.--(1) No refined petroleum product may
be exported except pursuant to an export license specifically
authorizing such export. Not later than 5 days after an application for
a license to export any refined petroleum product or residual fuel oil
is received, the Secretary shall notify the Congress of such
application, together with the name of the exporter, the destination of
the proposed export, and the amount and price of the proposed export.
Such notification shall be made to the chairman of the Committee on
Foreign Affairs of the House of Representatives and the chairman of the
Committee on Banking, Housing, and Urban Affairs of the Senate.
(2) The Secretary may not grant such license during the 30-day period
beginning on the date on which notification to the Congress under
paragraph (1) is received, unless the President certifies in writing to
the Speaker of the House of Representatives and the President pro
tempore of the Senate that the proposed export is vital to the national
interest and that a delay in issuing the license would adversely affect
that interest.
(3) This subsection shall not apply to (A) any export license
application for exports to a country with respect to which historical
export quotas established by the Secretary on the basis of past trading
relationships apply, or (B) any license application for exports to a
country if exports under the license would not result in more than
250,000 barrels of refined petroleum products being exported from the
United States to such country in any fiscal year.
(4) For purposes of this subsection, "refined petroleum product"
means gasoline, kerosene, distillates, propane or butane gas, diesel
fuel, and residual fuel oil refined within the United States or entered
for consumption within the United States.
(5) The Secretary may extend any time period prescribed in section 10
of this Act to the extent necessary to take into account delays in
action by the Secretary on a license application on account of the
provisions of this subsection.
(f) Certain Petroleum Products.--Petroleum products refined in United
States Foreign Trade Zones, or in the United States Territory of Guam,
from foreign crude oil shall be excluded from any quantitative
restrictions imposed under this section except that, if the Secretary
finds that a product is in short supply, the Secretary may issue such
regulations as may be necessary to limit exports.
(g) Agricultural Commodities.--(1) The authority conferred by this
section shall not be exercised with respect to any agricultural
commodity, including fats and oils or animal hides or skins, without the
approval of the Secretary of Agriculture. The Secretary of Agriculture
shall not approve the exercise of such authority with respect to any
such commodity during any period for which the supply of such commodity
is determined by the Secretary of Agriculture to be in excess of the
requirements of the domestic economy except to the extent the President
determines that such exercise of authority is required to carry out the
policies set forth in subparagraph (A) or (B) of paragraph (2) of
section 3 of this Act. the Secretary of Agriculture shall, by
exercising the authorities which the Secretary of Agriculture has under
other applicable provisions of law, collect data with respect to export
sales of animal hides and skins.
(2) Upon approval of the Secretary, in consultation with the
Secretary of Agriculture, agricultural commodities purchased by or for
use in a foreign country may remain in the United States for export at a
later date free from any quantitative limitations on export which may be
imposed to carry out the policy set forth in section 3(2)(C) of this Act
subsequent to such approval. The Secretary may not grant such aproval
unless the Secretary receives adequate assurance and, in conjunction
with the Secretary of Agriculture, finds (A) that such commodities will
eventually be exported, (B) that neither the sale nor export thereof
will result in an excessive drain of scarce materials and have a serious
domestic inflationary impact, (C) that storage of such commodities in
the United States will not unduly limit the space available for storage
of domestically owned commodities, and (D) that the purpose of such
storage is to establish a reserve of such commodities for later use, not
including resale to or use by another country. The Secretary may issue
such regulations as may be necessary to implement this paragraph.
(3) If the authority conferred by this section or section 6 is
exercised to prohibit or curtail the export of any agricultural
commodity in order to carry out the policies set forth in subparagraph
(B) or (C) of paragraph (2) of section 3 of this Act, the President
shall immediately report such prohibition or curtailment to the
Congress, setting forth the reasons therefor in detail. If the
Congress, within 30 days after the date of its receipt of such report,
adopts a concurrent resolution disapproving such prohibition or
curtailment, then such prohibition or curtailment shall cease to be
effective with the adoption of such resolution. In the computation of
such 30-day period, there shall be excluded the days on which either
House is not in session because of an adjournment of more than 3 days to
a day certain or because of an adjournment of the Congress sine die.
(h) Barter Agreements.--(1) The exportation pursuant to a barter
agreement of any goods which may lawfully be exported from the United
States, for any goods which may lawfully be imported into the United
States, may be exempted, in accordance with paragraph (2) of this
subsection, from any quantitative limitation on exports (other than any
reporting requirement) imposed to carry out the policy set forth in
section 3(2)(C) of this Act.
(2) The Secretary shall grant an exemption under paragraph (1) if the
Secretary finds, after consultation with the appropriate department or
agency of the United States, that--,
(A) for the period during which the barter agreement is to be
performed--,
exported
pursuant to the barter agreement will not be required to
satisfy the average amount of such goods estimated to be
required annually by the domestic economy and will be
surplus thereto; and
imported
will be less than the average amount of such goods
estimated to be required annually to supplement domestic
production; and
(B) the parties to such barter agreement have demonstrated
adequately that they intend, and have the capacity, to perform
such barter agreement.
(3) For purposes of this subsection, the term "barter agreement"
means any agreement which is made for the exchange, without monetary
consideration, of any goods produced in the United States for any goods
produced outside of the United States
(4) This subsection shall apply only with respect to barter
agreements entered into after the effective date of this Act.
(i) Unprocessed Red Cedar.--(1) The Secretary shall require a
validated license, under the authority contained in subsection (a) of
this section, for the export of unprocessed western red cedar (Thuja
plicata) logs, harvested from State or Federal lands. The Secretary
shall impose quantitative restrictions upon the export of unprocessed
western red cedar logs during the 3-year period beginning on the
effective date of this Act as follows:
(A) Not more than thirty million board feet scribner of such
logs may be exported during the first year of such 3-year period.
(B) Not more than fifteen million board feet scribner of such
logs may be exported during the second year of such period.
(C) Not more than five million board feet scribner of such logs
may be exported during the third year of such period.
After the end of such 3-year period, no unprocessed western red cedar
logs may be exported from the United States.
(2) The Secretary shall allocate export licenses to exporters
pursuant to this subsection on the basis of a prior history of
exportation by such exporters and such other factors as the Secretary
considers necessary and appropriate to minimize any hardship to the
producers of western red cedar and to further the foreign policy of the
United States.
(3) Unprocessed western red cedar logs shall not be considered to be
an agricultural commodity for purposes of subsection (g) of this
section.
(4) As used in this subsection, the term "unporcessed western red
cedar" means red cedar timber which has not been processed into--,
(A) lumber without wane;
(B) chips, pulp, and pulp products;
(C) veneer and plywood;
(D) poles, posts, or pilings cut or treated with preservative
for use as such and not intended to be further processed; or
(E) shakes and shingles.
(j) Export of Horses.--(1) Notwithstanding any other provision of
this Act, no horse may be exported by sea from the United States, or any
of its territories and possessions, unless such horse is part of a
consignment of horses with respect to which a waiver has been granted
under paragraph (2) of this subsection.
(2) The Secretary, in consultation with the Secretary of Agriculture,
may issue regulations providing for the granting of waivers permitting
the export by sea of a specified consignment of horses, if the
Secretary, in consultation with the Secretary of Agriculture, determines
that no horse in that consignment is being exported for purposes of
slaughter.
Sec. 8. // 50 USC app. 2047. // (a) Prohibitions and Exceptions.--(
1) For the purpose of implementing the policies set forth in
subparagraph (A) or (B) of paragraph (5) of section 3 of this Act, the
President shall issue regulations prohibiting any United States person,
with respect to his activities in the interstate or foreign commerce of
the United States, from taking or knowingly agreeing to take any of the
following actions with intent to comply with, further, or support any
boycott fostered or imposed by a foreign country against a country which
is friendly to the United States and which is not itself the object of
any form of boycott pursuant to United States law or regulation:
(A) Refusing, or requiring any other person to refuse, to do
business with or in the boycotted country, with any business
concern organized under the laws of the boycotted country, with
any national or resident of the boycotted country, or with any
other person, pursuant to an agreement with, a requirement of, or
a request from or on behalf of the boycotting country. The mere
absence of a business relationship with or in the boycotted
country with any business concern organized under the laws of the
boycotted country, with any national or resident of the boycotted
country, or with any other person, does not indicate the existence
of the intent required to establish a violation of regulations
issued to carry out this subparagraph.
(B) Refusing, or requiring any other person to refuse, to
employ or otherwise discriminating against any United States
person on the basis of race, religion, sex, or national origin of
that person or of any owner, officer, director, or employee of
such person.
(C) Furnishing information with respect to the race, religion,
sex, or national origin of any United States person or of any
owner, officer, director, or employee of such person.
(D) Furnishing information about whether any person has, has
had, or proposes to have any business relationship (including a
relationship by way of sale, purchase, legal or commercial
representation, shipping or other transport, insurance,
investment, or supply) with or in the boycotted country, with any
business concern organized under the laws of the boycotted
country, with any national or resident of the boycotted country,
or with any other person which is known or believed to be
restricted from having any business relationship with or in the
boycotting country. Nothing in this paragraph shall prohibit the
furnishing of normal business information in a commercial context
as defined by the Secretary.
(E) Furnishing information about whether any person is a member
of, has made contributions to, or is otherwise associated with or
involved in the activities of any charitable or fraternal
organization which supports the boycotted country.
(F) Paying, honoring, confirming, or otherwise implementing a
letter of credit which contains any condition or requirement
compliance with which is prohibited by regulations issued pursuant
to this paragraph, and no United States person shall, as a result
of the application of this paragraph, be obligated to pay or
otherwise honor or implement such letter of credit.
(2) Regulations issued pursuant to paragraph (1) shall provide
exceptions for--,
(A) complying or agreeing to comply with requirements (i)
prohibiting the import of goods or services from the boycotted
country or goods produced or services provided by any business
concern organized under the laws of the boycotted country or by
nationals or residents of the boycotted country, or (ii)
prohibiting the shipment of goods to the boycotting country on a
carrier of the boycotted country, or by a route other than that
prescribed by the boycotting country or the recipient of the
shipment;
(B) complying or agreeing to comply with import and shipping
document requirements with respect to the country of origin, the
name of the carrier and route of shipment, the name of the
supplier of the shipment or the name of the provider of other
services, except that no information knowingly furnished or
conveyed in response to such requirements may be stated in
negative, blacklisting, or similar exclusionary terms, other than
with respect to carriers or route of shipment as may be permitted
by such regulations in order to comply with precautionary
requirements protecting against war risks and confiscation;
(C) complying or agreeing to comply in the normal course of
business with the unilateral and specific selection by a
boycotting country, or national or resident thereof, of carriers,
insurers, suppliers of services to be performed within the
boycotting country or specific goods which, in the normal course
of business, are identifiable by source when imported into the
boycotting country;
(D) complying or agreeing to comply with export requirements of
the boycotting country relating to shipments or transshipments of
exports to the boycotted country, to any business concern of or
organized under the laws of the boycotted country, or to any
national or resident of the boycotted country;
(E) compliance by an individual or agreement by an individual
to comply with the immigration or passport requirements of any
country with respect to such individual or any member of such
individual's family or with requests for information regarding
requirements of employment of such individual within the
boycotting country; and
(F) compliance by a United States person resident in a foreign
country or agreement by such person to comply with the laws of
that country with respect to his activities exclusively therein,
and such regulations may contain exceptions for such resident
complying with the laws or regulations of that foreign country
governing imports into such country of trademarked, trade named,
or similarly specifically identifiable products, or components of
products for his own use, including the performance of contractual
services within that country, as may be defined by such
regulations.
(3) Regulations issued pursuant to paragraphs (2)(C) and (2)(F) shall
not provide exceptions from paragraphs (1)(B) and (1)(C).
(4) Nothing in this subsection may be construed to supersede or limit
the operation of the antitrust or civil rights laws of the United
States.
(5) This section shall apply to any transaction or activity
undertaken, by or through a United States person or any other person,
with intent to evade the provisions of this section as implemented by
the regulations issued pursuant to this subsection, and such regulations
shall expressly provide that the exceptions set forth in paragraph (2)
shall not permit activities or agreements (expressed or implied by a
course of conduct, including a pattern of responses) otherwise
prohibited, which are not within the intent of such exceptions.
(b) Foreign Policy Controls.--(1) In addition to the regulations
issued pursuant to subsection (a) of this section, regulations issued
under section 6 of this Act shall implement the policies set forth in
section 3(5).
(2) Such regulations shall require that any United States person
receiving a request for the furnishing of information, the entering into
or implementing of agreements, or tthe taking of any other action
referred to in section 3(5) shall report that fact to the Secretary,
together with such other information concerning such request as the
Secretary may require for such action as the Secretary considers
appropriate for carrying out the policies of that section. Such person
shall also report to the Secretary whether such person intends to comply
and whether such person has complied with such request. Any report filed
pursuant to this paragraph shall be made available promptly for public
inspection and copying, except that information regarding the quantity,
description, and value of any goods or technology to which such report
relates may be kept confidential if the Secretary determines that
disclosure thereof would place the United States person involved at a
competitive disadvantage. The Secretary shall periodically transmit
summaries of the information contained in such reports to the Secretary
of State for such action as the Secretary of State, in consultation with
the Secretary, considers appropriate for carrying out the policies set
forth in section 3(5) of this Act.
(c) Preemption.--The provisions of this section and the regulations
issued pursuant thereto shall preempt any law, rule, or regulation of
any of the several States or the District of Columbia, or any of the
territories or possessions of the United States, or of any governmental
subdivision thereof, which law, rule, or regulation pertains to
participation in, compliance with, implementation of, or the furnishing
of information regarding restrictive trade practices or boycotts
fostered or imposed by foreign countries against other countries.
Sec. 9 // 50 USC app. 2408. // (a) Filing of Petitions.--Any person
who, in such person's domestic manufacturing process or other domestic
business operation, utilizes a product produced abroad in whole or in
part from a good historically obtained from the United States but which
has been made subject to export controls, or any person who historically
has exported such a good, may transmit a petition of hardship to the
Secretary requesting an exemption from such controls in order to
alleviate any unique hardship resulting from the imposition of such
controls. A petition under this section shall be in such form as the
Secretary shall prescribe and shall contain information demonstrating
the need for the relief requested.
(b) Decision of the Secretary.--Not later than 30 days after receipt
of any petition under subsection (a), the Secretary shall transmit a
written decision to the petitioner granting or denying the requested
relief. Such decision shall contain a statement setting forth the
Secretary's basis for the grant or denial. Any exemption granted may be
subject to such conditions as the Secretary considers appropriate.
(c) Factors To Be Considered.--For purposes of this section, the
Secretary's decision with respect to the grant or denial of relief from
unique hardship resulting directly or indirectly from the imposition of
export controls shall reflect the Secretary's consideration of factors
such as the following:
(1) Whether denial would cause a unique hardship to the
petitioner which can be alleviated only by granting an exception
to the applicable regulations. In determining whether relief
shall be granted, the Secretary shall take into account--,
practicable
domestic market by virtue of the location or nature of
the
material;
not
granted an exception;
from the
good under control;
national
policies including those reflected in any international
agreement
to which the United States is a party;
lack of
an exporting history during any base period that may be
established with respect to export quotas for the
particular
good..
(2) The effect a finding in favor of the applicant would have
on attainment of the basic objectives of the short supply control
program.
In all cases, the desire to sell at higher prices and thereby obtain
greater profits shall not be considered as evidence of a unique
hardship, nor will circumstances where the hardship is due to imprudent
acts or failure to act on the part of the petitioner.
Sec. 10. // 50 USC app. 2409. // (a) Primary Responsibility of the
Secretary.--(1) All export license applications required under this Act
shall be submitted by the applicant to the Secretary. All
determinations with respect to any such application shall be made by the
Secretary, subject to the procedures provided in this section.
(2) It is the intent of the Congress that a determination with
respect to any export license application be made to the maximum extent
possible by the Secretary without referral of such application to any
other department or agency of the Government.
(3) To the extent necessary, the Secretary shall seek information and
recommendations from the Government departments and agencies concerned
with aspects of United States domestic and foreign policies and
operations having an important bearing on exports. Such departments and
agencies shall cooperate fully in rendering such information and
recommendations.
(b) Initial Screening.--Within 10 days after the date on which any
export license application is submitted pursuant to subsection (a)(1),
the Secretary shall--,
(1) send the applicant an acknowledgment of the receipt of the
application and the date of the receipt;
(2) submit to the applicant a written description of the
procedures required by this section, the responsibilities of the
Secretary and of other departments and agencies with respect to
the application, and the rights of the applicant;
(3) return the application without action if the application is
improperly completed or if additional information is required,
with sufficient information to permit the application to be
properly resubmitted, in which case if such application is
resubmitted, it shall be treated as a new application for the
purpose of calculating the time periods prescribed in this
section;
(4) determine whether it is necessary to refer the application
to any other department or agency and, if such referral is
determined to be necessary, inform the applicant of any such
department or agency to which the application will be referred;
and
(5) determine whether it is necessary to submit the application
to a multilateral review process, pursuant to a multilateral
agreement, formal or informal, to which the United States is a
party and, if so, inform the applicant of this requirement.
(c) Action on Certain Applications.--In each case in which the
Secretary determines that it is not necessary to refer an application to
any other department or agency for its information and recommendations,
a license shall be formally issued or denied within 90 days after a
properly completed application has been submitted pursuant to this
section.
(d) Referral to Other Departments and Agencies.--In each case in
which the Secretary determines that it is necessary to refer an
application to any other department or agency for its information and
recommendations, the Secretary shall, within 30 days after the
submission of a properly completed application--,
(1) refer the application, together with all necessary analysis
and recommendations of the Department of Commerce, concurrently to
all such departments or agencies; and
(2) if the applicant so requests, provide the applicant with an
opportunity to review for accuracy any documentation to be
referred to any such department or agency with respect to such
application for the purpose of describing the export in question
in order to determine whether such documentation accurately
describes the proposed export.
(e) Action by Other Departments and Agencies.--(1) Any department or
agency to which an application is referred pursuant to subsection (d)
shall submit to the Secretary, within 30 days after its receipt of the
application, the information or recommendations requested with respect
to such application. Except as provided in paragraph (2), any such
department or agency which does not submit its recommendations within
the time period prescribed in the preceding sentence shall be deemed by
the Secretary to have no objection to the approval of such application.
(2) If the head of any such department or agency notifies the
Secretary before the expiration of the time period provided in paragraph
(1) for submission of its recommendations that more time is required for
review by such department or agency, such department or agency shall
have an additional 30-day period to submit its recommendations to the
Secretary. If such department or agency does not submit its
recommendations within the time period prescribed by the preceding
sentence, it shall be deemed by the Secretary to have no objection to
the approval of such application.
(f) Action by the Secretary.--(1) Within 90 days after receipt of the
recommendations of other departments and agencies with respect to a
license application, as provided in subsection (e), the Secretary shall
formally issue or deny the license. In deciding whether to issue or
deny a license, the Secretary shall take into account any recommendation
of a department or agency with respect to the application in question.
In cases where the Secretary receives conflicting recommendations, the
Secretary shall, within the 90-day period provided for in this
subsection, take such action as may be necessary to resolve such
conflicting recommendations.
(2) In cases where the Secretary receives questions or negative
considerations or recommendations from any other department or agency
with respect to an application, the Secretary shall, to the maximum
extent consistent with the national security and foreign policy of the
United States, inform the applicant of the specific questions raised and
any such negative considerations or recommendations, and shall accord
the applicant an opportunity, before the final determination with
respect to the application is made, to respond in writing to such
questions, considerations, or recommendations.
(3) In cases where the Secretary has determined that an application
should be denied, the applicant shall be informed in writing, within 5
days after such determination is made, of the determination, of the
statutory basis for denial, the policies set forth in section 3 of the
Act which would be furthered by denial, and, to the extent consistent
with the national security and foreign policy of the United States, the
specific considerations which led to the denial, and of the availability
of appeal procedures. In the event decisions on license applications
are deferred inconsistent with the provisions of this section, the
applicant shall be so informed in writing within 5 days after such
deferral.
(4) If the Secretary determines that a particular application or set
of applications is of exceptional importance and complexity, and that
additional time is required for negotiations to modify the application
or applications, the Secretary may extend any time period prescribed in
this section. The Secretary shall notify the Congress and the applicant
of such extension and the reasons therefor.
(g) Special Procedures for Secretary of Defense.--(1) Notwithstanding
any other provision of this section, the Secretary of Defense is
authorized to review any proposed export of any goods or technology to
any country to which exports are controlled for national security
purposes and, whenever the Secretary of Defense determines that the
export of such goods or technology will make a significant contribution,
which would prove detrimental to the national security of the United
States, to the military potential of any such country, to recommend to
the President that such export be disapproved.
(2) Notwithstanding any other provision of law, the Secretary of
Defense shall determine, in consultation with the Secretary, and confirm
in writing the types and categories of transactions which should be
reviewed by the Secretary of Defense in order to make a determination
referred to in paragraph (1). Whenever a license or other authority is
requested for the export to any country to which exports are controlled
for national security purposes of goods or technology within any such
type or category, the Secretary shall notify the Secretary of Defense of
such request, and the Secretary may not issue any license or other
authority pursuant to such request before the expiration of the period
within which the President may disapprove such export. The Secretary of
Defense shall carefully consider any notification submitted by the
Secretary pursuant to this paragraph and, not later than 30 days after
notification of the request, shall--,
(A) recommend to the President that he disapprove any request
for the export of the goods or technology involved to the
particular country if the Secretary of Defense determines that the
export of such goods or technology will make a significant
contribution, which would prove detrimental to the national
security of the United States, to the military potential of such
country or any other country;
(B) notify the Secretary that he would recommend approval
subject to specified conditions; or
(C) recommend to the Secretary that the export of goods or
technology be approved.
If the President notifies the Secretary, within 30 days after receiving
a recommendation from the Secretary of Defense, that he disapproves such
export, no license or other authority may be issued for the export of
such goods or technology to such country.
(3) The Secretary shall approve or disapprove a license application,
and issue or deny a license, in accordance with the provisions of this
subsection, and, to the extent applicable, in accordance with the time
periods and procedures otherwise set forth in this section.
(4) Whenever the President exercises his authority under this
subsection to modify or overrule a recommendation made by the Secretary
of Defense or exercises his authority to modify or overrule any
recommendation made by the Secretary of Defense under subsection (c) or
(d) of section 5 of this Act with respect to the list of goods and
technologies controlled for national security purposes, the President
shall promptly transmit to the Congress a statement indicating his
decision, together with the recommendation of the Secretary of Defense.
(h) Multilateral Controls.--In any case in which an application,
which has been finally approved under subsection (c), (f), or (g) of
this section, is required to be submitted to a multilateral review
process, pursuant to a multilateral agreement, formal or informal, to
which the United States is a party, the license shall not be issued as
prescribed in such subsections, but the Secretary shall notify the
applicant of the approval of the application (and the date of such
approval) by the Secretary subject to such multilateral review. The
license shall be issued upon approval of the application under such
multilateral review. If such multilateral review has not resulted in a
determination with respect to the application within 60 days after such
date, the Secretary's approval of the license shall be final and the
license shall be issued, unless the Secretary determines that issuance
of the license would prove detrimental to the national security of the
United States. At the time at which the Secretary makes such a
determination, the Secretary shall notify the applicant of the
determination and shall notify the Congress of the determination, the
reasons for the determination, the reasons for which the multilateral
review could not be concluded within such 60-day period, and the actions
planned or being taken by the United States Government to secure
conclusion of the multilateral review. At the end of every 60-day
period after such notification to Congress, the Secretary shall advise
the applicant and the Congress of the status of the application, and
shall report to the Congress in detail on the reasons for the further
delay and any further actions being taken by the United States
Government to secure conclusion of the multilateral review. In
addition, at the time at which the Secretary issues or denies the
license upon conclusion of the multilateral review, the Secretary shall
notify the Congress of such issuance or denial and of the total time
required for the multilateral review.
(i) Record.--The Secretary and any department or agency to which any
application is referred under this section shall keep accurate records
with respect to all applications considered by the Secretary or by any
such department or agency, including, in the case of the Secretary, any
dissenting recommendations received from any such department or agency.
(j) Appeal and Court Action.--(1) The Secretary shall establish
appropriate procedures for any applicant to appeal to the Secretary the
denial of an export license application of the applicant.
(2) In any case in which any action prescribed in this section is not
taken on a license application within the time periods established by
this section (except in the case of a time period extended under
subsection (f)(4) of which the applicant is notified), the applicant may
file a petition with the Secretary requesting compliance with the
requirements of this section. When such petition is filed, the
Secretary shall take immediate steps to correct the situation giving
rise to the petition and shall immediately notify the applicant of such
steps.
(3) If, within 30 days after a petition is filed under paragraph (2),
the processing of the application has not been brought into conformity
with the requirements of this section, or the application has been
brought into conformity with such requirements but the Secretary has not
so notified the applicant, the applicant may bring an action in an
appropriate United States district court for a restraining order, a
temporary or permanent injunction, or other appropriate relief, to
require compliance with the requirements of this section. The United
States district courts shall have jurisdiction to provide such relief,
as appropriate.
Sec. 11. // 50 USC app. 2410. // (a) In General.--Except as provided
in subsection (b) of this section, whoever knowingly violates any
provision of this Act or any regulation, order, or license issued
thereunder shall be fined not more than five times the value of the
exports involved or $50,000, whichever is greater, or imprisoned not
more than 5 years, or both.
(b) Willful Violations.--(1) Whoever willfully exports anything
contrary to any provision of this Act or any regulation, order, or
license issued thereunder, with knowledge that such exports will be used
for the benefit of any country to which exports are restricted for
national security or foreign policy purposes, shall be fined not more
than five times the value of the exports involved or $100,000, whichever
is greater, or imprisoned not more than 10 years, or both.
(2) Any person who is issued a validated license under this Act for
the export of any good or technology to a controlled country and who,
with knowledge that such a good or technology is being used by such
controlled country for military or intelligence gathering purposes
contrary to the conditions under which the license was issued, willfully
fails to report such use to the Secretary of Defense, shall be fined not
more than five times the value of the exports involved or $100,000,
whichever is greater, or imprisoned for not more than 5 years, or both.
For purposes of this paragraph, "controlled country" means any country
described in section 620(f) of the Foreign Assistance Act of 1961. // 22
USC 2370. //
(c) Civil Penalties; Administrative Sanctions.--(1) The head of any
department or agency exercising any functions under this Act, or any
officer or employee of such department or agency specifically designated
by the head thereof, may impose a civil penalty not to exceed $10,000
for each violation of this Act or any regulation, order, or license
issued under this Act, either in addition to or in lieu of any other
liability or penalty which may be imposed.
(2)(A) The authority under this Act to suspend or revoke the
authority of any United States person to export goods or technology may
be used with respect to any violation of the regulations issued pursuant
to section 8(a) of this Act.
(B) Any administrative sanction (including any civil penalty or any
suspension or revocation of authority to export) imposed under this Act
for a violation of the regulations issued pursuant to section 8(a) of
this Act may be imposed only after notice and opportunity for an agency
hearing on the record in accordance with sections 554 through 557 of
title 5, United States Code.
(C) Any charging letter or other document initiating administrative
proceedings for the imposition of sanctions for violations of the
regulations issued pursuant to section 8(a) of this Act shall be made
available for public inspection and copying.
(d) Payment of Penalties.--The payment of any penalty imposed
pursuant to subsection (c) may be made a condition, for a period not
exceeding one year after the imposition of such penalty, to the
granting, restoration, or continuing validity of any export license,
permission, or privilege granted or to be granted to the person upon
whom such penalty is imposed. In addition, the payment of any penalty
imposed under subsection (c) may be deferred or suspended in whole or in
part for a period of time no longer than any probation period (which may
exceed one year) that may be imposed upon such person. Such a deferral
or suspension shall not operate as a bar to the collection of the
penalty in the event that the conditions of the suspension, deferral, or
probation are not fulfilled.
(e) Refunds.--Any amount paid in satisfaction of any penalty imposed
pursuant to subsection (c) shall be covered into the Treasury as a
miscellaneous receipt. The head of the department or agency concerned
may, in his discretion, refund any such penalty, within 2 years after
payment, on the ground of a material error of fact of law in the
imposition of the penalty. Notwithstanding section 1346(a) of title 28,
United States Code, no action for the refund of any such penalty may be
maintained in any court.
(f) Actions for Recovery of Penalties.--In the event of the failure
of any person to pay a penalty imposed pursuant to subsection (c), a
civil action for the recovery thereof may, in the discretion of the head
of the department or agency concerned, be brought in the name of the
United States. In any such action, the court shall determine de novo
all issues necessary to the establishment of liability. Except as
provided in this subsection and in subsection (d), no such liability
shall be asserted, claimed, or recovered upon by the United States in
any way unless it has previously been reduced to judgment.
(g) Other Authorities.--Nothing in subsection (c), (d), or (f)
limits--,
(1) the availability of other administrative or judicial
remedies with respect to violations of this Act, or any
regulation, order, or license issued under this Act;
(2) the authority to compromise and settle administrative
proceedings brought with respect to violations of this Act, or any
regulation, order, or license issued under this Act; or
(3) the authority to compromise, remit or mitigate seizures and
forfeitures pursuant to section 1(b) of title VI of the Act of
June 15, 1917 (22 U.S.C. 401(b)).
Sec. 12. // 50 USC app. 2411. // (a) General Authority.--To the
extent necessary or appropriate to the enforcement of this Act or to the
imposition of any penalty, forfeiture, or liability arising under the
Export Control Act of 1949 // 50 USC app. 2021 // or the Export
Administration Act of 1969, the head of any department or agency
exercising any function thereunder (and officers or employees of such
department or agency specifically designated by the head thereof) may
make such investigations and obtain such information from, require such
reports or the keeping of such records by, make such inspection of the
books, records, and other writings, premises, or property of, and take
the sworn testimony of, any person. In addition, such officers or
employees may administer oaths or affirmations, and may by subpena
require any person to appear and testify or to appear and produce books,
records, and other writings, or both, and in the case of contumacy by,
or refusal to obey a subpena issued to, any such person, the district
court of the United States for any district in which such person is
found or resides or transacts business, upon application, and after
notice to any such person and hearing, shall have jurisdiction to issue
an order requiring such person to appear and give testimony or to appear
and produce books, records, and other writings, or both, and any failure
to obey such order of the court may be punished by such court as a
contempt thereof.
(b) Immunity.--No person shall be excused from complying with any
requirements under this section because of his privilege against
self-incrimination, but the immunity provisions of section 6002 of title
18, United States Code, shall apply with respect to any individual who
specifically claims such privilege.
(c) Confidentiality.--(1) Except as otherwise provided by the third
sentence of section 8(b)(2) and by section 11(c)(2)(C) of this Act,
information obtained under this Act on or before June 30, 1980, which is
deemed confidential, including Shippers' Export Declarations, or with
reference to which a request for confidential treatment is made by the
person furnishing such information, shall be exempt from disclosure
under section 552 of title 5, United States Code, and such information
shall not be published or disclosed unless the Secretary determines that
the withholding thereof is contrary to the national interest.
Information obtained under this Act after June 30, 1980, may be withheld
only to the extent permitted y statute, except that information obtained
for the purpose of consideration of, or concerning, license applications
under this Act shall be withheld from public disclosure unless the
release of such information is determined by the Secretary to be in the
national interest. Enactment of this subsection shall not affect any
judicial proceeding commenced under section 552 of title 5, United
States Code, to obtain access to boycott reports submitted prior to
October 31, 1976, which was pending on May 15, 1979; but such
proceeding shall be continued as if this Act had not been enacted.
(2) Nothing in this Act shall be construed as authorizing the
withholding of information from the Congress, and all information
obtained at any time under this Act or previous Acts regarding the
control of exports, including any report or license application required
under this Act, shall be made available upon request to any committee or
subcommittee of Congress of appropriate jurisdiction. No such committee
or subcommittee shall disclose any information obtained under this Act
or previous Acts regarding the control of exports which is submitted on
a confidential basis unless the full committee determines that the
withholding thereof is contrary to the national interest.
(d) Reporting Requirements.--In the administration of this Act,
reporting requirements shall be so designed as to reduce the cost of
reporting, recordkeeping, and export documentation required under this
Act to the extent feasible consistent with effective enforcement and
compilation of useful trade statistics. Reporting, recordkeeping, and
export documentation requirements shall be periodically reviewed and
revised in the light of developments in the field of information
technology.
(e) Simplification of Regulations.--The Secretary, in consultation
with appropriate United States Government departments and agencies and
with appropriate technical advisory committees established under section
5(h), shall review the regulations issued under this Act and the
commodity control list in order to determine how compliance with the
provisions of this Act can be facilitated by simplifying such
regulations, by simplifying or clarifying such list, or by any other
means.
ADMINISTRATIVE
PROCEDURE AND JUDICIAL REVIEW
Sec. 13. // 50 USC app. 2412. // (a) Exemption.--Except as provided
in section 11(c)(2), the functions exercised under this Act are excluded
from the operation of sections 551, 553 through 559, and 701 through 706
of title 5, United States Code.
(b) Public Participation.--It is the intent of the Congress that, to
the extent practicable, all regulations imposing controls on exports
under this Act be issued in proposed form with meaningful opportunity
for public comment before taking effect. In cases where a regulation
imposing controls under this Act is issued with immediate effect, it is
the intent of the Congress that meaningful opportunity for public
comment also be provided and that the regulation be reissued in final
form after public comments have been fully considered.
Sec. 14. // 50 USC app. 2413. // (a) Contents.--Not later than
December 31 of each year, the Secretary shall submit to the Congress a
report on the administration of this Act during the preceding fiscal
year. All agencies shall cooperate fully with the Secretary in
providing information for such report. Such report shall include
detailed information with respect to--,
(1) the implementation of the policies set forth in section 3;
(2) general licensing activities under sections 5, 6, and 7,
and any changes in the exercise of the authorities contained in
sections 5(a), 6(a), and 7(a);
(3) the results of the review of United States policy toward
individual countries pursuant to section 5(b);
(4) the results, in as much detail as may be included
consistent with the national security and the need to maintain the
confidentiality of proprietary information, of the actions,
including reviews and revisions of export controls maintained for
national security purposes, required by section 5(c)(3);
(5) actions taken to carry out section 5(d);
(6) changes in categories of items under export control
referred to in section 5(e);
(7) determinations of foreign availability made under section
5(f), the criteria used to make such determinations, the removal
of any export controls under such section, and any evidence
demonstrating a need to impose export controls for national
security purposes notwithstanding foreign availability;
(8) actions taken in compliance with section 5(f)(5);
(9) the operation of the indexing system under section 5(g);
(10) consultations with the technical advisory committees
established pursuant to section 5(h), the use made of the advice
rendered by such committees, and the contributions of such
committees toward implementing the policies set forth in this Act;
(11) the effectiveness of export controls imposed under section
6 in furthering the foreign policy of the United States;
(12) export controls and monitoring under section 7;
(13) the information contained in the reports required by
section 7(b)(2), together with an analysis of--,
shortages
or increased prices for commodities subject to
monitoring
under this Act or section 812 of the Agricultural
Act of
1970;
// 7 USC 612c-3. //
(14) actions taken by the President and the Secretary to carry
out the antiboycott policies set forth in section 3(5) of this
Act;
(15) organizational and procedural changes undertaken in
furtherance of the policies set forth in this Act, including
changes to increase the efficiency of the export licensing process
and to fulfill the requirements of section 10, including an
analysis of the time required to process license applications, the
number and disposition of export license applications taking more
than 90 days to process, and an accounting of appeals received,
court orders issued, and actions taken pursuant thereto under
subsection (j) of such section;
(16) delegations of authority by the President as provided in
section 4(e) of this Act;
(17) efforts to keep the business sector of the Nation informed
with respect to policies and procedures adopted under this Act;
(18) any reviews undertaken in furtherance of the policies of
this Act, including the results of the review required by section
12(d), and any action taken, on the basis of the review required
by section 12(e), to simplify regulations issued under this Act;
(19) violations under section 11 and enforcement activities
under section 12; and
(20) the issuance of regulations under the authority of this
Act, including an explanation of each case in which regulations
were not issued in accordance with the first sentence of section
13(b).
(b) Report on Certain Export Controls.--To the extent that the
President determines that the policies set forth in section 3 of this
Act require the control of the export of goods and technology other than
those subject to multilateral controls, or require more stringent
controls than the multilateral controls, the President shall include in
each annual report the reasons for the need to impose, or to continue to
impose, such controls and the estimated domestic economic impact on the
various industries affected by such controls.
(c) Report on Negotiations.--The President shall include in each
annual report a detailed report on the progress of the negotiations
required by section 5(i), until such negotiations are concluded.
Sec. 15. // 50 USC app. 2414. // The President and the Secretary may
issue such regulations as are necessary to carry out the provisions of
this Act. Any such regulations issued to carry out the provisions of
section 5(a), 6(a), 7(a), or 8(b) may apply to the financing,
transporting, or other servicing of exports and the participation
therein by any person.
Sec. 16. // 50 USC app. 2415. // As used in this Act--,
(1) the term "person" includes the singular and the plural and
any individual, partnership, corporation, or other form of
association, including any government or agency thereof;
(2) the term " United States person" means any United States
resident or national (other than an individual resident outside
the United States and employed by other than a United States
person), any domestic concern (including any permanent domestic
establishment of any foreign concern) and any foreign subsidiary
or affiliate (including any permanent foreign establishment) of
any domestic concern which is controlled in fact by such domestic
concern, as determined under regulations of the President;
(3) the term "good" means any article, material, supply or
manufactured product, including inspection and test equipment, and
excluding technical data;
(4) the term "technology" means the information and know-how
that can be used to design, produce, manufacture, utilize, or
reconstruct goods, including computer software and technical data,
but not the goods themselves; and
(5) the term " Secretary" means the Secretary of Commerce.
Sec. 17. // 50 USC app. 2416. // (a) In General.--Nothing contained
in this Act shall be construed to modify, repeal, supersede, or
otherwise affect the provisions of any other laws authorizing control
over exports of any commodity.
(b) Coordination of Controls.--The authority granted to the President
under this Act shall be exercised in such manner as to achieve effective
coordination with the authority exercised under section 38 of the Arms
Export Control Act (22 U.S.C. 2778).
(c) Civil Aircraft Equipment.--Notwithstanding any other provision of
law, any product (1) which is standard equipment, certified by the
Federal Aviation Administration, in civil aircraft and is an integral
part of such aircraft, and (2) which is to be exported to a country
other than a controlled country, shall be subject to export controls
exclusively under this Act. Any such product shall not be subject to
controls under section 38(b)(2) of the Arms Export Control Act. For
purposes of this subsection, the term "controlled country" means any
country described in section 620(f) of the Foreign Assistance Act of
1961. // 22 USC 2370. //
(d) Nonproliferation Controls.--(1) Nothing in section 5 or 6 of this
Act shall be construed to supersede the procedures published by the
President pursuant to section 309(c) of the Nuclear Non-Proliferation
Act of 1978.
(2) With respect to any export license application which, under the
procedures published by the President pursuant to section 309(c) of the
Nuclear Non-Proliferation Act of 1978, // 92 Stat. 141. 42 USC 2139.
// is referred to the Subgroup on Nuclear Export Coordination or other
interagency group, the provisions of section 10 of this Act shall apply
with respect to such license application only to the extent that they
are consistent with such published procedures, except that if the
processing of any such application under such procedures is not
completed within 180 days after the receipt of the application by the
Secretary, the applicant shall have the rights of appeal and court
action provided in section 10(j) of this Act.
(e) Termination of Other Authority.--On October 1, 1979, the Mutual
Defense Assistance Control Act of 1951 (22 U.S.C. 1611 - 1613d), is
superseded.
Sec. 18. // 50 USC app. 2417. // (a) Requirement of Authorizing
Legislation.--Notwithstanding any other provision of law, no
appropriation shall be made under any law to the Department of Commerce
for expenses to carry out the purposes of this Act unless previously and
specifically authorized by law.
(b) Authorization.--There are authorized to be appropriated to the
Department of Commerce to carry out the purposes of this Act--,
(1) $8,000,000 for each of the fiscal years 1980 and 1981, of
which $1,250,000 shall be available for each such fiscal year only
for purposes of carrying out foreign availability assessments
pursuant to section 5(f)(5), and
(2) such additional amounts, for each such fiscal year, as may
be necessary for increases in salary, pay, retirement, other
employee benefits authorized by law, and other nondiscretionary
costs.
Sec. 19. // 50 USC app. 2418. // (a) Effective Date.--This Act shall
take effect upon the expiration of the Export Administration Act of
1969. // 50 USC app. 2401. //
(b) Issuance of Regulations.--(1) Regulations implementing the
provisions of section 10 of this Act // 50 USC app. 2409 // shall be
issued and take effect not later than July 1, 1980.
(2) Regulations implementing the provisions of section 7(c) of this
Act // 50 USC app. 2406 // shall be issued and take effect not later
than January 1, 1980.
Sec. 20. // 50 USC app. 2419. // The authority granted by this Act
terminates on September 30, 1983, or upon any prior date which the
President by proclamation may designate.
Sec. 21. // 50 USC app. 2420. // (a) In General.--All delegations,
rules, regulations, orders, determinations, licenses, or other forms of
administrative action which have been made, issued, conducted, or
allowed to become effective under the Export Control Act of 1949 // 50
USC app. 2021 // or the Export Administration Act of 1969 and which are
in effect at the time this Act takes effect shall continue in effect
according to their terms until modified, superseded, set aside, or
revoked under this Act.
(b) Administrative Proceedings.--This Act shall not apply to any
administrative proceedings commenced or any application for a license
made, under the Export Administration Act of 1969, which is pending at
the time this Act takes effect.
Sec. 22. (a) Section 38(e) of the Arms Export Control Act (22 U.S.C.
2788(E)) is amended by striking out "sections 6(c), (d), (e), and (f)
and 7(a) and (c) of the Export Administration Act of 1969" and inserting
in lieu thereof "subsections (c), (d), (e), and (f) of section 11 of the
Export Administration Act of 1979, and by subsections (a) and (c) of
section 12 of such Act".
(b)(1) Section 103(c) of the Energy Policy and Conservation Act (42
U.S.C. 6212(c)) is amended--,
(A) by striking out "1969" and inserting in lieu thereof
"1979"; and
(B) by striking out "(A)" and inserting in lieu thereof "(C)".
(2) Section 254(e)(3) of such Act (42 U.S.C. 6274(e)(3)) is amended
by striking out "section 7 of the Export Administration Act of 1969" and
inserting in lieu thereof "section 12 of the Export Administration Act
of 1979".
(c) Section 993(c)(2)(D) of the Internal Revenue Code of 1954 (26 U.
S.C. 993(c)(2)(D)) is amended--,
(1) by striking out "4(b) of the Export Administration Act of
1969 (50 U.S.C. App. 2403(b))" and inserting in lieu thereof "7(
a) of the Export Administration Act of 1979"; and
(2) by striking out "(A)" and inserting in lieu thereof "(C)".
Sec. 23. (a) Section 9 of the International Investment Survey Act of
1976 (22 U.S.C. 3108) is amended to read as follows:
" Sec. 9. To carry out this Act, there are authorized to be
appropriated $4,400,000 for the fiscal year ending September 30, 1980,
and $4,500,000 for the fiscal year ending September 30, 1981.".
(b) The amendment made by subsection (a) // 22 USC 3108 // shall take
effect on October 1, 1979.
Sec. 24. Section 402 of the Agricultural Trade Development and
Assistance Act of 1954 // 7 USC 1732. // is amended by inserting "or
beer" in the second sentence immediately after "wine".
Approved September 29, 1979.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 96 - 200 accompanying H.R. 4034 (Comm. on Foreign
Affairs) and No. 96 - 482 (Comm. of Conference).
SENATE REPORT No. 96 - 169 (Comm. on Banking, Housing, and Urban
Affairs).
CONGRESSIONAL RECORD, Vol. 125 (1979):
July 18, 20, 21, considered and passed Senate.
May 31, July 23, Sept. 11, 18, 21, 25, H.R. 4034 considered and
passed House; passage vacated and S. 737, amended, passed in
lieu.
Sept. 27, Senate agreed to conference report.
Sept. 28, House agreed to conference report.