PUBLIC LAW 95-616, 92 STAT. 3110, FISH AND WILDLIFE IMPROVEMENT ACT
OF 1978.
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 // 16 USC
742a // may be cited as the " Fish and Wildlife Improvement Act of
1978".
SEC. 2. FISH AND WILDLIFE COOPERATIVE UNITS ASSISTANCE.
The first section of the Act of September 2, 1960 (74 Stat. 733; 16
U.S.C. 753a) is amended--,
(1) by striking out "technical personnel" and inserting in lieu
thereof "scientific personnel"; and
(2) by inserting immediately after "respective units," the
following: "to the provision of assistance (including reasonable
financial compensation) for the work of researchers on fish and
wildlife ecology and resource management projects funded under
this subsection".
SEC. 3. // 16 USC 742l. //
ENFORCEMENT AUTHORITY FOR THE PROTECTION OF FISH AND WILDLIFE
RESOURCES.
(a) law Enforcement Training Program.--(1) In order to provide forand
encourage training, research, and development for the purpose of
improving fish and wildlife law enforcement and developing new methods
for the prevention, detection, and reduction of violation of fish and
wildlife laws, and the apprehension of violators of such laws, the
Secretary of the Interior and the Secretary of Commerce may each--,
(A) establish and conduct national training programs to
provide, at the request of any State, training for State fish and
wildlife law enforcement personnel;
(B) develop new or improved approaches, techniques, systems,
equipment, and service to improve and strengthen fish and wildlife
law enforcement; and
(C) assist in conducting, at the request of any appropriate
State official, local or regional training programs for the
training of State fish and wildlife law enforcement personnel.
Such training programs shall be conducted to the maximum extent
practicable through established programs.
(2) There are authorized to be appropriated beginning with fiscal
year 1980 such funds as may be necessary to carry out the purposes of
subsection (b), and the Secretary of the Interior and the Secretary of
Commerce may each require reimbursement from the States for expenditures
made pursuant to subsections (b) (1) (A) and (C).
(b) Law Enforcement Cooperative Agreement.--Notwithstanding any other
provision of law, the Secretary of the Interior and the Secretary of
Commerce may each utilize by agreement, with or without reimbursement,
the personnel, services and facilities of any other Federal or State
agency to the extent he deems it necessary and appropriate for effective
enforcement of any Federal or State laws on lands, waters, or interests
therein under his jurisdiction which are administered or managed for
fish and wildlife purposes and for enforcement of any laws administered
by him relating to fish and wildlife. Persons so designated by either
Secretary, who are not employees of another Federal agency--,
(1) shall not be deemed a Federal employee and shall not be
subject to the provisions of law relating to Federal employment,
including those relating to hours of work, competitive
examination, rates of compensation, and Federal employee benefits,
but may be considered eligible for compensation for work injuries
under subchapter III of chapter 81 of title 5, United States Code;
// USC 8191. //
(2) shall be considered to be investigative or law enforcement
officers of the United States for the purposes of the tort claim
provisions of title 28, United States Code;
(3) may, to the extent specified by either Secretary, search,
seize, arrest, and exercise any other law enforcement functions or
authorities under Federal laws relating to fish and wildlife,
where such authorities are made applicable by this or any other
law to employees, officers, or other persons designated or
employed by either Secretary; and
(4) shall be considered to be officers or employees of the
Department of the Interior or the Department of Commerce, as the
case may be, within the meaning of sections 111 and 1114 of title
18, United States Code.
(c) Disposal Of Abandoned Or Forfeited Property.--Notwithstanding any
other provision of law, all fish, wildlife, plants, or any other items
abandoned or forfeited to the United States under any laws administered
by the Secretary of the Interior or the Secretary of Commerce relating
to fish, wildlife, or plants, shall be disposed of by either Secretary
in such a manner as he deems appropriate (including, but not limited to,
loan, gift, sale, or destruction).
(d) Disclaimer.--Nothing in this section shall be construed to
invalidate any law enforcement agreement or delegation made by the
Secretary of the Interior or the Secretary of Commerce with respect to
fish and wildlife matters prior to the date of enactment of this Act.
(e) Refuge Recreation Act.--Section 4 of the Act of September 28,
1962 (76 Stat. 654, 16 U.S.C. 460k-3), is amended by adding at the end
thereof the following new sentence: " The provisions of this Act and
any such regulation shall be enforced by any officer or employee of the
United States Fish and Wildlife Service designated by the Secretary of
the Interior.".
(f) National Wildlife Refuge System Administration Act.--, The final
sentence of section (4) (f) of the National Wildlife Refuge System
Administration Act of 1966 (16 U.S.C. 668dd (f) is amended to read as
follows: " Any property, fish, bird, mammal, or other wild vertebrate
or invertebrate animals or part or egg thereof seized with or without a
search warrant shall be held by such person or by a United States
marshal, and upon conviction, shall be held by such person or by a
United States marshal, and upon conviction, shall be forfeited to the
United States and disposed of by the Secretary, in accordance with
law.".
(g) Bear River Migratory Bird Refuge.--Section 6(b) of the Act of
April 23, 1928 (45 Stat. 449; 16 U.S.C. 690e) is amended by striking at
the end thereof the term "and disposed of as directed by the court
having jurisdiction." and inserting in lieu thereof the term "and
disposed of as directed by the Secretary of the Interior, in accordance
with law.".
(h) Migratory Bird Treaty Act.--(1) The final sentence of section 5
of the Migratory Bird Treaty Act (16 U.S.C. 706) is amended to read as
follows: " All birds, or parts, nests, or eggs thereof, captured,
killed, taken, sold or offered for sale, bartered or offered for barter,
purchased, shipped, transported, carried, imported, exported, or
possessed contrary to the provisions of this Act or of any regulation
prescribed thereunder shall, when found, be seized and, upon conviction
of the offender or upon judgment of a court of the United States that
the same were captured, killed, taken, sold or offered for sale,
bartered or offered for barter, purchased, shipped, transported,
carried, imported, exported, or possessed contrary to the provisions of
this Act or of any regulation prescribed thereunder, shall be forfeited
to the United States and disposed of by the Secretary of the Interior in
such manner as he deems appropriate.".
(2) // 16 USC 712. // In accordance with the various migratory bird
treaties and conventions with Canada, Japan, Mexico, and the Union of
Soviet Socialist Republics, the Secretary of the Interior is authorized
to issue such regulations as may be necessary to assure that the taking
of migratory birds and the collection of their eggs, by the indigenous
inhabitants of the State of Alaska, shall be permitted for their own
nutritional and other essential needs, as determined by the Secretary of
the Interior, during seasons established so as to provide for the
preservation and maintenance of stocks of migratory birds.
(3) The Secretary of the Interior is authorized to issue such
regulations as may be necessary to implement the provisions of the
convention between the United States and Great Britain for the
protection of migratory birds concluded August 16, 1916, the convention
between the United States and the United Mexican States for the
protection of migratory birds and game mammals concluded February 7,
1936, the convention between the United States and the Government of
Japan for the protection of migratory birds in danger of extinction, and
their environment concluded March 4, 1972, and the convention between
the United States and the Union of Soviet Socialist Republics for the
conservation of migratory birds and their environment concluded November
19, 1976.
(i) Migratory Bird Hunting And Conservation Stamp Act.--, The final
sentence of section 6 of the Act of March 16, 1934 (48 Stat. 452, 16 U.
S.C. 718f) is amended to read as follows: " Any bird or part thereof
taken or possessed contrary to this Act shall, when seized, be disposed
of by the Secretary in accordance with law.".
(j) Title 18.--(1) Section 3112 of title 18, United States Code, is
amended by striking out "court" and inserting in lieu thereof "
Secretary".
(2) Section 1114 of such title 18 is amended by inserting immediately
before "or of the Department of Labor" the following: ", the Department
of Commerce,".
SEC. 4. FISH AND WILDLIFE ACT OF 1956.
Section 7 of the Fish and Wildlife Act of 1956 (16 U.S.C. 742f) is
amended--,
(1) by striking out paragraphs (4) and (5), and inserting in
lieu thereof the following:
"(4) take such steps as may be required for the development,
advancement, management, conservation, and protection of fish and
wildlife resources including, but not limited to, research,
development of existing facilities, and acquisition by purchase or
exchange of land and water, or interests therein.";
(2) by inserting "and" immediately after the semicolon at the
end of paragraph (3); and
(3) by adding at the end thereof the following two new
subsections:
"(b) (1) In furtherance of the purposes of this Act, the Secretary of
the Interior is authorized to accept any gifts, devises, or bequests of
real and personal property, or proceeds therefrom, or interests therein,
for the benefit of the United States Fish and Wildlife Service, in
performing its activities and services. Such acceptance may be subject
to the terms of any restrictive or affirmative covenant, or condition of
servitude, if such terms are deemed by the Secretary to be in accordance
with law and compatible with the purpose for which acceptance is sought.
"(2) Any gifts and bequests of money and proceeds from the sales of
other property received as gifts or bequests pursuant to this subsection
shall be deposited in a separate account in the Treasury and shall be
disbursed upon order of the Secretary for the benefit of programs
administered by the United States Fish and Wildlife Service.
"(3) For the purpose of Federal income, estate, and gift taxes,
property, or proceeds therefrom, or interests therein, accepted under
this subsection shall be considered as a gift or bequest to the United
States.
"(c) (1) The Secretary of the Interior and the Secretary of Commerce
may each recruit, train, and accept, without regard to the provisions of
title 5, United States Code, the services of individuals without
compensation as volunteers for, or in aid of programs conducted by
either Secretary through the United States Fish and Wildlife Service or
the National Oceanic and Atmospheric Administration.
"(2) The Secretary of the Interior and the Secretary of Commerce are
each authorized to provide for incidental expenses such as
transportation, uniforms, lodging, and subsistence of such volunteeers.
"(3) Except as otherwise provided in this subsection, a volunteer
shall not be deemed a Federal employee and shall not be subject to the
provisions of law relating to Federal employment, including those
relative to hours of work, rates of compensation, leave, unemployment
compensation, and Federal employee benefits.
"(4) For the purpose of the tort claim provisions of title 28 of the
United States Code, a volunteer under this subsection shall be
considered a Federal employee.
"(5) For the purposes of subchapter I of chapter 81 of title 5 of the
United States Code, // 5 USC 8101. // relating to compensation to
Federal employees for work injuries, volunteers under this subsection
shall be deemed employees of the United States within the meaning of the
term 'employees' as defined in section 8101 of title 5, United States
Code, and the provisions of that subchapter shall apply.
"(6) There are authorized to be appropriated to carry out this
subsection $100,000 for the Secretary of the Interior and $50,000 for
the Secretary of Commerce for each of the fiscal years 1980, 1981, and
1982.".
SEC. 5. MIGRATORY BIRD CONSERVATION ACT.
(a) Section 5 of the Migratory Bird Conservation Act (16 U.S.C.
715d) is amended to read as follows:
" SEC. 5. The Secretary of the Interior may--,
"(1) purchase or rent such areas or interests therein as have
been approved for purchase or rental by the Commission at the
price or prices fixed by the Commission; and
"(2) acquire, by gift or devise, any area or interests therein;
which he determines to be suitable for use as an inviolate sanctuary, or
for any other management purpose, for migratory birds. The Secretary
may pay, when deemed necessary by him and from moneys authorized to be
appropriated for the purposes of this Act (A) the purchase or rental
price of any such area or interest therein, and (B) the expenses
incident to the location, examination, survey, and acquisition of title
(including options) of any such area or interest therein. No lands
acquired, held, or used by the United States for military purposes shall
be subject to any provisions of this Act.".
(b) Section 10(a) of such Act (16 U.S.C. 715i(a)) is amended by
striking out " Mexico and Canada" and inserting in lieu thereof "
Mexico, Canada, Japan, and the Union of Soviet Socialist Republics".
(c) Section 11 of such Act (16 U.S.C. 715j) is amended by inserting
"and the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.)" after "this
Act", by striking out "and" after "(39 Stat. 1702)" and inserting in
lieu thereof a comma, and by inserting immediately before the period at
the end thereof a comma and the following: "the Convention between the
Government of the United States of America and the Government of Japan
for the Protection of Migratory Birds and Birds in Danger of Extinction,
and their Environment concluded March 4, 1972, and the Convention
between the United States and the Union of Soviet Socialist Republics
for the Conservation of Migratory Birds and their Environment concluded
November 19, 1976".
SEC. 6. NATIONAL WILDLIFE REFUGE SYSTEM ADMINISTRATION ACT OF 1966.
Section 4(d)(1)(A) of the National Wildlife Refuge System
Administration Act of 1966 (16 U.S.C. 668dd (d)(1)(A) is amended by
striking out "; and" at the end thereof and inserting in lieu thereof
"unless the Secretary finds that the taking of any species of migratory
game birds in more than 40 percent of such area would be beneficial to
the species; and".
SEC. 7. MIGRATORY BIRD HUNTING AND CONSERVATION STAMP ACT.
(a) Section 2 of the Migratory Bird Hunting and Conservation Stamp
Act (16 U.S.C. 718b) is amended by striking out " September" in the
sixth sentence thereof and inserting in lieu thereof " June".
(b) Section 3 of such Act // 16 USC 718c. // is amended by inserting
immediately after "treaty" the following: "or convention".
SEC. 8. CRAB ORCHARD NATIONAL WILDLIFE REFUGE.
The second sentence of section 2 of the Act of August 5, 1947 (61
Stat. 770; 16 U.S.C. 666g), is amended to read as follows: " Such
lands as have been or may hereafter be determined to be chiefly valuable
for industrial purposes shall be leased for such purposes at such time
and under such terms and conditions as the Secretary of the Interior
shall prescribe. All moneys received or collected in connection with
such leases shall be subject to the provisions of the Act of June 15,
1935, as amended (49 Stat. 383; 16 U.S.C. 715s).".
SEC. 9. BALD EAGLE PROTECTION ACT.
Section 2 of the Act of June 8, 1904 (16 U.S.C. 668a) is amended by
deleting the period at the end thereof and adding the following: "
Provided further, That the Secretary of the Interior, pursuant to such
regulations as he may prescribe, may permit the taking of golden eagle
nests which interfere with resource development or recovery
operations.".
SEC. 10. WATERFOWL HABITAT CONSERVATION IN THE SAN JOAQUIN VALLEY.
(a) The Act of August 27, 1954 // 16 USC 695i. // (68 Stat. 879) is
amended by deleting the last sentence of section 6 and inserting in lieu
thereof the following: " If and when available, such water shall be
delivered from the Central Valley project to the contracting entity, and
the cost of furnishing the water shall not be reimbursable or returnable
under the Federal reclamation laws: Provided, That, in order for the
delivery of such water to continue on a nonreimbursable or nonreturnable
basis--,
"(a) the public organizations or agencies contracting with the
Secretary of the Interior, excluding the State of California,
shall deliver annually to the United States Fish and Wildlife
Service (hereinafter referred to as the ' Service'), at no cost to
the United States, not less than three thousand five hundred
acre-feet of water during the period October 1 through November
30, inclusive, and not less than four thousand acre-feet of water
during the period May 1 through September 30, inclusive, if
available: Provided, That such amounts of water and times of
delivery may be changed upon approval of the Secretary of the
Interior;
"(b) the public organizations or agencies, excluding the State
of California, shall construct, operate, and maintain any water
conveyance facilities necessary to deliver the water referred to
in section 6(a) of this Act to a point or points within the
boundaries of such public organization or agency as designated by
the Service, or to such points as may be mutually agreed upon by
the public organization or agency and the Service. The Service
shall be responsible for delivering the water from such point or
points to appropriate locations within lands under its
jurisdiction;
"(c) any contract entered into by the Secretary of the Interior
and any public organization or agency pursuant to this Act shall
provide that in the event the public organization or agency for
any reason fails to carry out the obligations imposed upon it by
said contract or by this Act, the rights of use of any facilities
referred to in subsection (b), and the rights to all water
contracted for by the organization or agency pursuant to this Act
shall revert to the Secretary of the Interior for migratory
waterfowl purposes in accordance with the laws of the State of
California; and
"(d) in accordance with existing or future contracts, the use
of lands located within the boundaries of the public organizations
or agencies shall be restricted by covenants requiring that such
lands be used only for the purpose of waterfowl and wildlife
habitat conservation or other uses as may be mutually agreed upon
by the public organizations or agencies and the Service.".
(b) The Act of August 27, 1954 (68 Stat. 879), is further amended by
adding at the end thereof the following new section:
" SEC. 8. The Secretary is hereby authorized to negotiate amendments
to existing contracts to conform said contracts to the provisions of
this Act.".
Approved November 8, 1978.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 95-29 (Comm. on Mechant Marine and Fisheries) and
No. 95-1730 (Comm. of Conference).
SENATE REPORT: No. 95-1175 (Comm. on Environment and Public Works)
and No. 95-1277 (Comm. of Conference).
CONGRESSIONAL RECORD:
Vol. 123 (1977): Feb. 28, considered and failed of passage in
House.
Vol. 124 (1978): Jan. 19, considered and passed House.
Senate,
PUBLIC LAW 95-615, 92 STAT. 3097, TAX TREATMENT EXTENSION ACT OF
1977.
United States citizens
and residents, 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. SHORT TITLE.
This Act may be cited as the " Tax Treatment Extension Act of 1977".
SEC. 2. COMMUTING EXPENSES.
With respect to transportation costs paid or incurred after December
31, 1976, and before April 30, 1978, the application of sections 62,
162, and 262 and of chapters 21, 23, and 24 of the Internal Revenue Code
of 1954 to transportation expenses in traveling between a taxpayer's
residence and place of work shall be determined--,
(1) without regard to Revenue Ruling 76 - 453 (and without
regard to any other regulation, ruling, or decision reaching the
same result as, or a result simiilar to, the result set forth in
such Revenue Ruling); and
(2) with full regard to the rules in effect before Revenue
Ruling 76 - 453.
SEC. 3. FRINGE BENEFITS.
No regulations shall be issued in final form on or after October 1,
1977, and before July 1, 1978, providing for the inclusion of any fringe
benefit in gross income by reason of section 61 of the Internal Revenue
Code of 1954.
SEC. 4. CHANGES IN TREATMENT OF INCOME EARNED ABROAD.
(a) In General.--Subsection (d) of section 1011 of the Tax Reform Act
of 1976 is amended by striking out " December 31, 1976" and inserting in
lieu thereof " December 31, 1977".
(b) Transitional Rule.--If for any taxable year beginning in 1977--,
(1) an individual is entitled to the benefits of section 911 of
the Internal Revenue Code of 1954, and
(2) such individual chooses to take to any extent the benefits
of section 901 of such Code.
then such individual shall be treated for such taxable year as an
individual for whom an unused zero bracket amount computation is
provided by section 63(e) of such Code.
SEC. 5. SALARY REDUCTION PENSION PLANS, CASH AND DEFERRED PROFIT-
SHARING PLANS, AND CAFETERIA PLANS.
Section 2006 of the Employee Retirement Income Security Act of 1974
is amended--,
(1) by striking out " January 1, 1978" each place it appears
and inserting in lieu thereof " January 1, 1980", and
(2) by striking out " December 31, 1977" in subsection (d) and
inserting in lieu thereof " December 31, 1979".
SEC. 6. APPLICATION OF SECTION 117 TO CERTAIN EDUCATION PROGRAMS
FOR MEMBERS OF THE UNIFORMED SERVICES.
Subsection (c) of section 4 of the Act entitled " An Act to suspend
until the close of June 30, 1975, the duty on certain carboxmethyl
cellulose salts, and for other purposes", approved October 26, 1974
(Public Law 93 - 483), is amended to read as follows:
"(c) Effective Date.--The provisions of this section shall apply with
respect to amounts received during calendar years 1973, 1974, and 1975,
and, in the case of a member of a uniformed service receiving training
after 1975 and before 1979 in programs described in subsection (a), with
respect to amounts received after 1975 and before 1983."
SEC. 7. EXTENSION OF 5-YEAR AMORTIZATION FOR LOW- INCOME
HOUSING.
(a) In General.--Subsection (k) of section 167 of the Internal
Revenue Code of 1954 (relating to depreciation of expenditures to
rehabilitate low-income rental housing) is amended by striking out "
January 1, 1978" each place it appears and inserting in lieu thereof "
January 1, 1979".
(b) Technical Amendment.--Subsection (b) of section 203 of the Tax
Reform Act of 1976 is amended by striking out", and before January 1,
1978, and expenditures made pursuant to a binding contract entered into
before January 1, 1978".
SEC. 8. RULES FOR CARRYOVERS WHERE LOSS CORPORATIONS ARE
ACQUIRED (SECTIONS 382 AND 383 OF THE INTERNAL
REVENUE CODE OF 1954).
Paragraphs (2) and (3) of section 806(g) of the Tax Reform Act of
1976 (relating to effective dates for the amendments to sections 382 and
383 of the Code) are amended by striking out "1978" each place it
appears and inserting in lieu thereof "1980".
SEC. 201. SHORT TITLE, ETC.
(a) Short Title.--This Act may be cited as the " Foreign Earned
Income Act of 1978".
(b) Amendments of 1954 Code.--Except as otherwise expressly provided,
whenever in this Act an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the reference
shall be considered to be made to a section or other provision of the
Internal Revenue Code of 1954.
SEC. 202. INCOME EARNED BY INDIVIDUALS IN CERTAIN CAMPS.
(a) Section 911 Exclusion.--Subsection (a) of section 911 (relating
to earned income from sources without the United States) is amended to
read as follows:
"(a) General Rule.--In the case of an individual described in section
913(a) who, because of his employment, resides in a camp located in a
hardship area, the following items shall not be included in gross income
and shall be exempt from taxation under this subtitle:
"(1) Bona fide resident of foreign country.--If such individual
is described in section 913(a)(1), amounts received from sources
within a foreign country or countries (except amounts paid by the
United States or any agency thereof) which constitute earned
income attributable to services performed during the period of
bona fide residence. The amount excluded under this paragraph for
any taxable year shall be computed by applying the special rules
contained in subsection (c).
"(2) Presence in foreign country for 17 months.--If such
individual is described in section 913(a)(2), amounts received
from sources within qualified foreign countries (except amounts
paid by the United States or any agency thereof) which constitute
earned income attributable to services performed during the
18-month period. The amount excluded under this paragraph for any
taxable year shall be computed by applying the special rules
contained in subsection (c).
An individual shall not be allowed as a deduction from his gross income
or as a credit against the tax imposed by this chapter any credit for
the amount of taxes paid or accrued to a foreign country or possession
of the United States, to the extent that such deduction or credit is
properly allocable to or chargeable against amounts excluded from gross
income under this subsection, other than the deductions allowed by
sections 217 (relating to moving expenses)".
(b) Limitations on Amount of Exclusion.--Paragraph (1) of section
911(c) (relating to special rules) is amended to read as follows:
"(1) Limitations on amount of exclusion.--,
"(A) In general.--The amount excluded from the gross income of
an individual under subsection (a) for any taxable year shall not
exceed an amount which shall be computed on a daily basis at an
annual rate of $20,000 for days during which he resides in a camp.
"(B) Camp.--For purposes of this section, an individual shall
not be considered to reside in a camp because of his employment
unless the camp constitutes substandard lodging which is--,
"(i) provided by or on behalf of the employer for the
convenience of the employer because the place at which such
individual renders services is in a remote area where satisfactory
housing is not available on the open market,
"(ii) located, as near as practicable, in the vicinity of the
place at which such individual renders services, and
"(iii) furnished in a common area (or enclave) which is not
available to the public and which normally accommodates 10 or more
employees.
"(C) Hardship area.--For purposes of this section, the term
'hardship area' has the same meaning as in section 913(h).".
(c) Business Premises of the Employer.--Subsection (c) of section 911
(relating to special rules) is amended by inserting after paragraph (6)
the following new paragraph:
"(7) Business premises of the employer.--In the case of an
individual residing in a camp who elects the exclusion provided in
this section for a taxable year, the camp shall be considered to
be part of the business premises of the employer for purposes of
section 119 for such taxable year."
(d) Section Not To APPLY.--,
(1) In general.--Section 911 is amended by striking out
subsections (d) and (e) and inserting in lieu thereof the
following new subsection:
"(d) Section Not To Apply.--An individual entitled to the benefits of
this section for a taxable year may elect, in such manner and at such
time as shall be prescribed by the Secretary, not to have the provisions
of this section apply for the taxable year."
(2) Conforming amendment.--Subsection (f) of section 911
(relating to cross references) is redesignated as subsection (e).
(e) Removal of Requirement as to Place of Receipt.--Paragraph
(8) of section 911(c) (relating to requirement as to place of
receipt) is hereby repealed.
(f) Clerical Amendments.--,
(1) The section heading for section 911 is amended to read as
follows:
" SEC. 911. INCOME EARNED BY INDIVIDUALS IN CERTAIN CAMPS."
(2) The table of sections for subpart B of part III of
subchapter N of chapter 1 is amended by striking out the item
relating to section 911 and inserting in lieu thereof the
following:
" Sec. 911. Income earned by individuals in certain camps."
(3) The heading of subpart B of part III of subchapter N of
chapter 1 is amended by striking out " Citizens" and inserting in
lieu thereof " Citizens or Residents".
(4) The table of subparts for part III of subchapter N of
chapter 1 is amended by striking out "citizens" in the item
relating to subpart B and inserting in lieu thereof "citizens or
residents".
(5) Sections 43(c)(1)(B), 1302(b)(2)(A)(i), 1304(b)(1), 1402(
a)(8), 6012(c), and 6091(b)(1)(B)(iii) are each amended by
striking out "relating to earned income from sources without the
United States" and inserting in lieu thereof "relating to income
earned by employees in certain camps".
SEC. 203. DEDUCTION FOR CERTAIN EXPENSES OF LIVING ABROAD.
(a) Allowance of Deduction.--Subpart B of part III of subchapter N of
chapter 1 (relating to earned income of citizens and residents of United
States) is amended by adding at the end thereof the following new
section:
" SEC. 913. DEDUCTION FOR CERTAIN EXPENSES OF LIVING ABROAD.
"(a) Allowance of Deduction.--In the case of an individual who
is--,
"(1) Bona fide resident of foreign country.--A citizen of the
United States and who establishes to the satisfaction of the
Secretary that he has been a bona fide resident of a foreign
country or countries for an uninterrupted period which includes an
entire taxable year, or
"(2) Presence in foreign country for 17 months.--A citizen or
resident of the United States and who during any period of 18
consecutive months is present in a foreign country or countries
during at least 510 full days in such period,
there shall be allowed as a deduction for such taxable year or for
any
taxable year which contains part of such period, the sum of the
amounts set forth in subsection (b).
"(b) Amounts.--The amounts referred to in this subsection are:
"(1) The qualified cost-of-living differential. "(2) The qualified
housing expenses. "(3) The qualified schooling expenses. "(4) The
qualified home leave travel expenses. "(5) The qualified hardship
area deduction.
"(c) Deduction Not To Exceed Net Foreign Source Earned
Income.--,
"(1) In general.--The deduction allowed by subsection (a) to
any individual for the taxable year shall not exceed--,
"(A) such individual's earned income from sources outside the
United States for the portion f the taxable year in which such
individual's tax home is in a foreign country, reduced by
"(B) the sum of--, "(i) any earned income referred to in
subparagraph (A) which is excluded from gross income under section
119, and
"(ii) the allocable deductions.
"(2) Allocable deductions defined.--For purposes of paragraph (1)(
B)(ii), the term 'allocable deductions' means the deductions properly
allocable to or chargeable against the earned income referred to in
paragraph (1)(A), other than the deduction allowed by this section.
"(d) Qualified Cost-of-living Differential.--,
"(1) In general.--For purposes of this section, the term 'qualified
cost-of-living differential' means a reasonable amount determined under
tables (or under another method) prescribed by the Secretary
establishing the amount (if any) by which the general cost of living in
the foreign place in which the individual's tax home is located exceeds
the general cost of living for the metropolitan area in the continental
United States (excluding Alaska) having the highest general cost of
living. The tables (or other methods) so prescribed shall be revised at
least once during each calendar year.
"(2) Special rules.--For purposes of paragraph (1)--,
"(A) Computation on daily basis.--The differential shall be
computed on a daily basis for the period during which the
individual's tax home is in a foreign country.
"(B) Differential to be based on daily living expenses.--, An
individual's cost-of-living differential shall be determined by
reference to reasonable daily living expenses (excluding housing
and schooling expenses).
"(C) Basis of comparison.--The differential prescribed for any
foreign place--,
"(i) shall vary depending on the composition of the family
(spouse and dependents) residing with the individual (or at a
qualified second household), and
"(ii) shall reflect the costs of living of a family whose
income is equal to the salary of an employee of the United States
who is compensated at a rate equal to the annual rate paid for
step 1 of grade GS-14.
"(D) State department's index may be taken into account.--The
Secretary, in determining the qualified cost-of-living
differential for any foreign place, may take into account the
Department of State's Local Index of Living Costs Abroad as it
relates to such place.
"(E) No differential for periods which individual is eligible
under section 119.--Except as provided in subsection (i) (1)(A)(
ii) an individual shall not be entitled to any qualified
cost-of-living differential for any period for which such
individual's meals and lodging are excluded from gross income
under section 119.
"(e) Qualified Housing Expenses.--, "(1) In general.--For
purposes of this section, the term 'qualified
housing expenses' means the excess of--, "(A) the individual's
housing expenses, over "(B) the individual's base housing amount.
"(2) Housing expenses.--,
"(A) In general.--For purposes of paragraph (1), the term
'housing expenses' means the reasonable expenses paid or incurred
during the taxable year by or on behalf of the individual for
housing for the individual (and, if they reside with him, for his
spouse and dependents) in a foreign country. Such term--,
"(i) except as provided in clause (ii), includes expenses
attributable to the housing (such as utilities and insurance), and
"(ii) does not include interest and taxes of the kind
deductible under section 163 or 164 or any amount allowable as a
deduction under section 216(a).
"(B) Portion which is lavish or extravagant not allowed.--For
purposes of subparagraph (A), housing expenses shall not be
treated as reasonable to the extent such expenses are lavish or
extravagant under the circumstances. "(3) Base housing amount.--
For purposes of paragraph (1)--,
"(A) In general.--The term 'base housing amount' means 20
percent of the excess of--,
"(i) the individual's earned income (reduced by the deductions
properly allocable to or chargeable against such earned income
(other than the deduction allowed by this section)), over "(ii)
the sum of--,
"(I) the housing expenses taken into account under paragraph
(1)(A) of this subsection, "(II) the qualified cost-of-living
differential, "(III) the qualified school expenses, "(IV) the
qualified home leave travel expenses,
and "(V) the qualified hardship area deduction.
"(B) Base housing amount to be zero in certain cases.--, If,
because of adverse living conditions, the individual maintains a
household for his spouse dependents at a foreign place other than
his tax home which is in addition to the household he maintains as
his tax home, and if his tax home is in a hardship area as defined
in subsection (h), the base housing amount for the household
maintained at his tax home shall be zero.
"(4) Periods taken into account.--,
"(A) In general.--The expenses taken into account under this
subsection shall be only those which are attributable to housing
during periods for which--,
"(i) the individual's tax home is in a foreign country, and
"(ii) except as provided in subsection (i)(1)(B)(iii), the
value of the individual's housing is not excluded under section
119.
"(B) Determination of base housing amount.--The base housing
amount shall be determined for the periods referred to in
subparagraph (A) (as modified by subsection (i)(1) (B)(iii)).
"(5) Only one house per period.--If, but for this paragraph,
housing expenses for any individual whould be taken into account
under paragraph (2) of subsection (b) with respect to more than
one abode for any period, only housing expenses with respect to that
abode which bears the closest relationship to the individual's tax home
shall be taken into account under such paragraph (2) for such period.
"(f) Qualified Schooling Expenses.--,
"(1) In general.--For purposes of this section, the term 'qualified
schooling expenses' means the reasonable schooling expenses paid or
incurred by or on behalf of the individual during the taxable year for
the education of each dependent of the individual at the elementary or
secondary level. For purposes of the preceding sentence, the elementary
or secondary level means education which is the equivalent of education
from the kindergarten through the 12th grade in a United States-type
school.
"(2) Expenses included.--For purposes of paragraph (1), the term
'schooling expenses' means the cost of tuition, fees, books, and local
transportation and of other expenses required by the school. Except as
provided in paragraph (3), such term does not include expenses of room
and board or expenses of transportation other than local transportation.
"(3) Room, board, and travel allowed in certain cases.--If an
adequate United States-type school is not available within a reasonable
commuting distance of the individual's tax home, the expenses of room
and board of the dependent and the expenses of the transportation of the
dependent each school year between such tax home and the location of the
school shall be treated as schooling expenses.
"(4) Determination of reasonable expenses.--If--,
"(A) there is an adequate United States-type school available
within a reasonable commuting distance of the individual's tax
home, and
"(B) the dependent attends a school other than the school
referred to in subparagraph (A),
then the amount taken into account under paragraph (2) shall not exceed
the aggregate amount which would be charged for the period by the school
referred to in subparagraph (A).
"(5) Period taken into account.--An amount shall be taken into
account as a qualified schooling expense only if it is attributable to
education for a period during which the individual's tax home is in a
foreign country.
"(g) Qualified home leave travel expenses.--,
"(1) In general.--For purposes of this section, the term 'qualified
home leave travel expenses' means the reasonable amounts paid or
incurred by or on behalf of an individual for the transportation of such
individual, his spouse, and each dependent from the location of the
individual's tax home outside the United States to--,
"(A) the individual's present (or, if none, most recent)
principal residence in the United States, or
(B) if subparagraph (A) does not apply to the individual, the
nearest port of entry in the continental United States (excluding
Alaska)
and return.
"(2) One trip per 12-month period abroad.--Amounts may be taken into
account under paragraph (4) of subsection (b) only with respect to one
round trip per person for each continuous period of 12 months for which
the individual's tax home is in a foreign country.
"(h) Qualified hardship area deduction.--,
"(1) In general.--For purposes of this section, the term
'qualified hardship area deduction' means an amount computed on a
daily basis at an annual rate of $5,000 for days during which the
individual's tax home is in a hardship area.
"(2) Hardship area defined.--For purposes of this section, the
term 'hardship area' means any foreign place designated by the
Secretary of State as a hardship post where extraordinarily
difficult living conditions, notably unhealthful conditions, or
excessive physical hardships exist and for which a post
differential of 15 percent or more--,
that
place.
"(i) Special Rules Where Individual Maintains Separate Household for
Spouse and Dependents Because of Adverse Living Conditions at Tax
Home.--,
"(1) In general.--For any period during which an individual
maintains a qualified second household--,
subsection
(e), the expenses for housing of an individual's
spouse and dependents at the qualified second household
shall be treated as housing expenses if they would meet
the requirements of subsection (e)(2) if the individual
resided at such household.
(e).--Subsection
(e) shall be applied separately with respect to the
housing expenses for the qualified second household;
except that, in determining the base housing amount, the
housing expenses (if any) of the individual for housing
at his tax home shall also be taken into account under
subsection
(e)(3)(A)(ii).
second
household.
"(C) Requirement that spouse and dependents reside with
individual for purposes of schooling and home leave.--,
(as
the case may be) reside with the individual at his tax
home shall be treated as met if such spouse or dependent
resides at the qualified second household.
individual's
tax home.
"(2) Definition of qualified second household.--For purposes of
this section, the term 'qualified second household' means any
household maintained in a foreign country by an individual for the
spouse and dependents of such individual at a place other than the
tax home of such individual because of adverse living conditions
at the individual's tax home. "(j) Other Definitions and Special
Rules.--,
"(1) Definitions.--For purposes of this section--,
and (5)
of section 911(c)), except that such term does not
include
amounts paid by the United States or any agency
thereof.
of
section 162(a)(2) (relating to traveling expenses while
away
from home). An individual shall not be treated as
having a
tax home in a foreign country for any period for which
his
abode is within the United States.
such
household or residence is within a reasonable commuting
distance of such tax home.
living
conditions' means living conditions which are dangerous,
unhealthful, or otherwise adverse.
of
the United States and the areas set forth in
paragraph (1)
of section 638 and so much of paragraph (2) of
section 638
as relates to the possessions of the United States.
"(2) Limitation to coach or economy fare.--The amount taken
into account under this section for any transportation by air
shall not exceed the lowest coach or economy rate at the time of
such transportation charged by a commercial airline for such
transportation during the calendar month in which such
transportation is furnished. If there is no such coach or economy
rate or if the individual is required to use first-class
transportation because of a physical impairment, the preceding
sentence shall be applied by substituting 'first-class' for 'coach
or economy'.
"(3) Requirement that spouse and dependents reside with
individual for purposes of schooling and home leave.--Except as
provided in subsection (i)(1)(C)(i), amounts may be taken into
account under subsection (f) with respect to any dependent of the
individual, and under subsection (g) with respect to the
individual's spouse or any dependent of the individual, only for
the period that such spouse or dependent (as the case may be)
resides with the individual at his tax home.
"(k) Certain Double Benefits Disallowed.--An individual shall
not be allowed--,
section 151),
household and
dependent care services), any amount to the extent that such
amount is taken into account under subsection (d), (e), (f), or
(g).
"(1) Application With Section 911.--An individual shall not be
allowed the deduction allowed by subsection (a) for any taxable
year with respect to which he elects the exclusion provided in
section 911.
"(m) Regulations.--The Secretary shall prescribe such
regulations as may be necessary or appropriate to carry out the
purposes of this section, including regulations providing rules--,
"(1) for cases where a husband and wife each have earned income
from sources outside the United States, and
"(2) for married individuals filing separate returns.".
(b) Deduction Allowed in Determining Adjusted Gross Income.--Section
62 (relating to definition of adjusted gross income) is amended by
inserting after paragraph (13) the following new paragraph:
"(14) Deduction for certain expenses of living abroad.--, The
deduction allowed by section 913."
(c) Clerical Amendment.--The table of sections for subpart B of part
III of subchapter N of chapter 1 is amended by adding at the end thereof
the following:
abroad."
SEC. 204. MOVING EXPENSES.
(a) Special Rules for Foreign Moves.--Section 217 (relating to moving
expenses) is amended by redesignating subsection (h) as subsection (j)
and by inserting after subsection (g) the following new subsections:
"(h) Special Rules for Foreign Moves.--,
"(1) Increase in limitations.--In the case of a foreign move--,
substituting
'90 consecutive days' for '30 consecutive days',
substituting
'$4,500' for '$1,500' and by substituting '$6,000' for
'$3,000',
and
last
sentence of such subsection read as follows: ' In the
case of
a husband and wife filing separate returns, subparagraph
(A) shall be applied by substituting "$2,250"
for "$4,500",
and by substituting "$3,000" for "$6,000".'
"(2) Allowance of certain storage fees.--In the case of a
foreign move, for purposes of this section, the moving expenses
described in subsection (b)(1)(A) include the reasonable
expenses--,
to
be the taxpayer's principal place of work.
"(3) Foreign move.--For purposes of this subsection, the term
'foreign move' means the commencement of work by the taxpayer at a
new principal place of work located outside the United States.
"(4) United states defined.--For purposes of this subsection
and subsection (i), the term ' United States' includes the
possessions of the United States. "(i) Allowance of Deductions in
Case of Retirees or Decedents
Who Were Working Abroad.--,
"(1) In general.--In the case of any qualified retiree moving
expenses or qualified survivor moving expenses--,
incurred
in connection with the commencement of work by the
taxpayer
as an employee at a new principal place of work located
within the United States, and
apply.
"(2) Qualified retiree moving expenses.--For purposes of
paragraph (1), the term 'qualified retiree moving expenses' means
any moving expenses--,
outside the
United States, and
retirement
of the individual.
"(3) Qualified survivor moving expenses.--For purposes of
paragraph (1), the term 'qualified survivor moving expenses' means
moving expenses--,
death)
had a principal place of work outside the United
States, and
to a
residence in the United States from a former
residence outside
the United States which (as of the time of the
decedent's
death) was the residence of such decedent and the
individual
paying or incurring the expense.".
SEC. 205. MEALS OR LODGING FURNISHED TO EMPLOYEES UNDER CERTAIN
CONDITIONS.
Section 119 (relating to meals or lodging furnished for the
convenience of the employer) is amended--,
(1) by striking out "furnished to him by his employer for the
convenience of the employer" and inserting in lieu thereof
"furnished to him, his spouse, or any of his dependents by or on
behalf of his employer for the convenience of the employer", and
(2) by striking out " There shall" and inserting in lieu
thereof "(a) Meals and Lodging Furnished to Employee, His Spouse,
and his Dependents, Pursuant to Employment.--There shall".
SEC. 206. SUSPENSION OF RUNNING OF THE PERIOD UNDER SECTION 1034 FOR
PURCHASING A NEW PRINCIPAL RESIDENCE.
Section 1034 (relating to sale or exchange of residence) is amended
by redesignating subsection (k) as subsection (1) and by inserting after
subsection (j) the following new subsection:
"(k) Individual Whose Tax Home Is Outside the United States.--The
running of any period of time specified in subsection (a) or (c) (other
than the 18 months referred to in subsection (c)(4)) shall be suspended
during any time that the taxpayer (or his spouse if the old residence
and the new residence are each used by the taxpayer and his spouse as
their principal residence) has a tax home (as defined in section 913(
j)(1)(B)) outside the United States after the date of the sale of the
old residence; except that any such period of time as so suspended
shall not extend beyond the date 4 years after the date of the sale of
the old residence."
SEC. 207. MISCELLANEOUS AMENDMENTS.
(a) Wage Withholding.--Subsection (a) of section 3401 (defining
wages) is amended by striking out the period at the end of paragraph
(17) and inserting in lieu thereof "; or" and by adding at the end
thereof the following new paragraph:
"(18) to or on behalf of an employee if (and to the extent
that) at the time of the payment of such remuneration it is
reasonable to believe that a corresponding deduction is allowable
under section 913 (relating to deduction for certain expenses of
living abroad)."
(b) Place for Filing Returns.--Clause (iii) of section 6091 (b) (1)(
B) (relating to place for filing tax returns) is amended by inserting
"section 913 (relating to deduction for certain expenses of living
abroad)," before "section 931".
(c) Authority To Require Information Concerning Section 912
Allowances.--Section 6011 (relating to general requirement of return,
statement, or list) is amended by redesignating subsection (d) as
subsection (e) and by inserting after subsection (c) the following new
subsection:
"(d) Authority To Require Information Concerning Section 912
Allowances.--The Secretary may by regulations require any individual who
receives allowances which are excluded from gross income under section
912 for any taxable year to include on his return of the taxes imposed
by subtitle A for such taxable year such information with respect to the
amount and type of such allowances as the Secretary determines to be
appropriate."
SEC. 208. REPORTS BY SECRETARY.
(a) General Rule.--As soon as practicable after the close of the
calendar year 1979 and after the close of each second calendar year
thereafter, the Secretary of the Treasury shall transmit a report to the
Committee on Ways and Means of the House of Representatives and to the
Committee on Finance of the Senate setting forth with respect to the
preceding 2 calendar years--,
(1) the number, country of residence, and other pertinent
characteristics of persons claiming the benefits of sections 911,
912, and 913 of the Internal Revenue Code of 1954,
(2) the revenue cost and economic effects of the provisions of
such sections 911, 912, and 913, and
(3) a detailed description of the manner in which the
provisions of such sections 911, 912, and 913 have been
administered during the preceding 2 calendar years.
(b) Information From Federal Agencies.--Each agency of the Federal
Government which pays allowances excludable from gross income under
section 912 of such Code shall furnish to the Secretary of the Treasury
such information as he determines to be necessary to carry out his
responsibility under subsection (a).
SEC. 209. EFFECTIVE DATES.
(a) General Rule.--Except as provided in subsections (b) and
(c) the amendments made by this title shall apply to taxable years
beginning after December 31, 1977.
(b) Wage Withholding.--The amendment made by section 207(a)
shall apply to remuneration paid after the date of the enactment
of this Act.
(c) Election of Prior Law.--,
by
this title apply with respect to any taxable year
beginning after
December 31, 1977, and before January 1, 1979.
with a taxpayer's
timely filed return for the first year beginning
after December 31, 1977.
SEC. 210. APPLICATION OF TITLE I.
(a) In General.--Title I of this Act (other than sections 4 and
5 thereof) shall cease to have effect on the day after the date of
the enactment of this Act.
(b) Special Rule for Section 5.--Section 5 of this Act shall
not apply with respect to any type of plan for any period for
which rules for that type of plan are provided by the Revenue Act
of 1978.
Approved November 8, 1978.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 95 - 697 (Comm. on Ways and Means) and No. 95 -
1798 (Comm. of Conference).
SENATE REPORT No. 95 - 746 (Comm. on Finance).
CONGRESSIONAL RECORD:
Vol. 123 (1977): Oct 25, considered and passed House.
Vol. 124 (1978): May 11, considered and passed Senate,
amended. Sept. 25, House concurred in Senate amendment No. 3 with
amendments, disagreed to other Senate amendments. Sept 28,
Senate disagreed to House amendment. Oct. 15, Senate agreed to
conference report. Oct. 15, House agreed to conference report.
PUBLIC LAW 95-614, 92 Stat. 3095, Cibola NATIONAL FOREST, N. MEX.
BOUNDARY EXTENSION
designate an intended
wilderness area, 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 exterior
boundary of the Cibola National Forest in New Mexico be modified to
include the following described lands:
A tract of land containing that part of the land described in the
Elena Gallegos Grant, illustrated on maps on file with the Chief of the
Forest Service, Department of Agriculture and the Director of the Bureau
of Land Management, Department of the Interior, lying east of a line
described as beginning at the closing corner between sections 35 and 36
of township 11 north, range 4 east on the south boundary of said grant
and extending north 2,700 feet; thence east 1,515 feet; thence north
1,260 feet; thence east 755 feet; thence north 11,386 feet; thence
south 89 degrees 56 minutes 15 seconds west, 2,286.41 feet; thence
north 0 degrees 3 minutes 45 seconds west, 4,164.89 feet to the closing
corner between sections 13 and 14 on the north boundary of said grant of
said township; thence south 81 degrees 30 minutes east, 2,316.42 feet
along the boundary of said grant to a point on the north boundary of
said grant, which point lies north 81 degrees 30 minutes west,
approximately 150 feet from the 7 -mile corner of said grant;
consisting of 7,461.34 acres, more or less: Provided, however, That the
tract of land described in this section shall not be included within the
Cibola National Forest until the Secretary of Agriculture determines
that the City of Albuquerque, New Mexico, has acquired a tract of land
containing approximately 640 acres located immediately to the west of
such tract for open space or city park use.
Sec. 2. For the purposes of section 7 of the Act of September 3,
1964 // 16 USC 460l-9. // (78 Stat. 903, as amended; 16 U.S.C. 4601 -
9) the boundary of the Cibola National Forest, as modified by section 1
of this Act, shall be treated as if it were the boundary of that Forest
on January 1, 1965.
Sec. 3. (a) Subject to valid existing rights, lands owned by the
United States in the tracts of land described in section 1 are hereby
added to the Cibola National Forest and shall be administered in
accordance with the laws, rules, and regulations applicable to the
National Forest System.
(b) Land acquired by the Secretary of the Interior within the
boundaries of Cibola National Forest as extended by this Act shall be
transferred to the Secretary of Agriculture, shall be added to the
Cibola National Forest, and shall be administered in accordance with the
laws, rules, and regulations applicable to the National Forest System.
Sec. 4. Effective October 1, 1979, there are authorized to be
appropriated not more than $12,000,000 from the Land and Water
Conservation Fund for the acquisition of lands added to the Cibola
National Forest by section 1 of this Act.
Approved November 8, 1978.
LEGISLATIVE HISTORY:
HOUSE REPORT No 95 - 1668, accompanying H.R. 10679 (Comm. on Interior
and Insular Affairs).
SENATE REPORT No. 95 - 516 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD:
Vol. 123 (1977): Oct. 28, considered and passed Senate.
Vol. 124 (1978): Oct. 3, H.R. 10679 considered and passed
House; passage vacated, and S. 553, amended, passed in lieu.
PUBLIC LAW 95-613, 92 Stat. 3093
part B of title XI of the
Public Health Service Act.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) (1) section
1001 (a) of the Public Health Service Act // 42 USC 300. // is amended
by striking out "family planning methods (including natural family
planning methods)" and inserting in lieu thereof "family planning
methods and services (including natural family planning methods,
infertility services, and services for adolescents)".
(2) Section 1006 // 42 USC 300a-4. // is amended by adding at the
end thereof the following new subsection:
"(d) (1) A grant may be made or a contract entered into under section
1001 or 1005 // 42 USC 300, 300b-4. // only upon assurances
satisfactory to the Secretary that informational or educational
materials developed or made available under the grant or contract will
be suitable for the purposes of this title and for the population or
community to which they are to be made available, taking into account
the educational and cultural background of the individuals to whom such
materials are addressed and the standards of such population or
community with respect to such materials.
"(2) In the case of any grant or contract under section 1001, such
assurances shall provide for the review and approval of the suitability
of such materials, prior to their distribution, by an advisory committee
established by the grantee or contractor in accordance with the
Secretary's regulations. Such a committee shall include individuals
broadly representative of the population or community to which the
materials are to be made available.".
(b) (1) Section 1001 (c) of such Act is amended (A) by striking out
"and" after "1977;", and (B) by inserting before the period a semicolon
and the following: "$200,000,000 for the fiscal year ending September
30, 1979; $230,000,000 for the fiscal year ending September 30, 1980;
and $264,500,000 for the fiscal year ending September 30, 1981".
(2) Section 1003 (b) of such Act // 42 USC 300a-1. // is amended (A)
by striking out "and" after "1977;", and (B) by inserting before the
period a semicolon and the following: "$3,100,000, for the fiscal year
ending September 30, 1979; $3,600,000 for the fiscal year ending
September 30, 1980; and $4,100,000 for the fiscal year ending September
30, 1981".
(3) Section 1004 (b) (1) of such Act // 42 USC 300a-2. // is amended
(A) by striking out "and" after "1977,", and (B) by inserting before the
period a comma and the following: "$105,000,000 for the fiscal year
ending September 30, 1979; $3,600,000 for the fiscal year ending
September 30, 1980; 1980, and $138,900,000 for the fiscal year ending
September 30, 1981".
(4) Section 1005 (b) of such Act // 42 USC 300a-3. // is amended (A)
by striking out "and" after "1977;", and (B) by inserting before the
period a semicolon and the following: "$700,000 for the fiscal year
ending September 30, 1979; $805,000 for the fiscal year ending
September 30, 1980; and $926,000 for the fiscal year ending September
30, 1981".
Sec. 2. Section 1121 (b) (5) of the Public Health Service Act // 42
USC 300c-11. // is amended (A) by striking out "and" after "1977,".
and (B) by inserting before the period a comma and the following:
"$3,500,000 for the fiscal year ending September 30, 1979, $4,000,000
for the fiscal year ending September 30, 1980, and $5,000,000 for the
fiscal year ending September 30, 1981".
Approved November 8, 1978.
LEGISLATIVE HISTORY
HOUSE REPORT No. 95 - 1191, accompanying H.R. 12370 (Comm. on
Interstate and Foreign Commerce).
SENATE REPORT No. 95 - 822 (Comm. on Human Resources).
CONGRESSIONAL RECORD, Vol. 124 (1978):
June 7, considered and passed Senate.
Sept. 25, H.R. 12370 considered and failed of passage in House.
Oct. 11, 13, H.R. 12370 considered and passed House; passage
vacated and S. 2522, amended, passed lieu.
Oct. 15, Senate concurred in House amendments.
PUBLIC LAW 95-612, 92 Stat. 3091
not be available for
payment of administrative expenses; 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 10 (b) of
the Gold Reserve Act of 1934 (31 U.S.C. 822a(b)) is amended by--,
(1) striking out "with the Treasurer of the United States" in
the first sentence and inserting in lieu thereof "in the United
States Treasury";
(2) striking out the second and third sentences; and
(3) amending the fourth sentence to read as follows: " The
fund shall be available for expenditure, under the direction of
the Secretary of the Treasury and in his discretion, for any
purpose in connection with carrying out the provisions of this
section, including the investment and reinvestment in direct
obligations of the United States of any portions of the fund which
the Secretary of the Treasury, with the approval of the President,
may from time to time determine are not currently required for the
purposes prescribed by this section: Provided, That the fund
shall not be available for the payment of administrative
expenses.".
Sec. 2. Section 10 of the Gold Reserve Act of 1934 // 31 USC 822a.
// is amended by adding at the end thereof the following new subsection:
"(d) The Secretary of the Treasury may, under such rules and
regulations as he may prescribe, provide to personnel performing the
international affairs functions of the Department of the Treasury
allowances and benefits comparable to those provided by title IX of the
Foreign Service Act of 1946, // 22 USC 1131. // as amended.".
Sec. 3. (a) (1) Subject to the provisions of chapter 51 of title 5,
United States Code, but notwithstanding the last two sentences of
section 5108 (a) of such title, the Secretary may place at GS-16, GS-17,
and GS-18, no more than 61 positions of the positions subject to the
limitation of the first sentence of section 5108 (a) of such title.
(2) A person may be appointed to a position placed at GS-16, GS-17,
or GS-18 under the authority of paragraph (1) only if such person,
immediately before the effective date of this Act, held a position or
hasreemployment rights to a position--,
(A) the duties of which were comparable to those of the
position to which he is to be appointed; and
(B) for which the compensation derived from the stabilization
fund established under section 10 of the Gold Reserve Act of 1934
(31 U.S.C. 822a).
Appointments made under this paragraph may be made without regard to the
provisions of section 3324 of title 5, United States Code, relating to
the approval by the Civil Service Commission of appointments to GS-16,
GS-17, and GS-18.
(3) The Secretary's authority under this subsection with respect to
any position shall cease when the person first appointed to such
position under paragraph (2) leaves such position.
(b) The first sentence of section 5108 (a) of title 5, United States
Code, is amended by striking out "3301" and inserting in lieu thereof
"3362".
(c) For purposes of determining the aggregate number of positions
which may be placed in GS-16, GS-17, or GS-18 under sections 5108 (a) of
title 5, United States Code, a position established under subsection (a)
shall be deemed a GS-16 position.
Sec. 4. Section 51 of the Act of December 30, 1970 (84 Stat. 1659;
22 U.S.C. 276c-2), is amended by--,
(1) amending the first sentence to read:
" Notwithstanding the provisions of any other law, the Executive
Directors and Directors and their alternates, representing the United
States in the International Monetary Fund, the International Bank for
Reconstruction and Development, the Inter-American Development Bank, the
Asian Development Bank, and the African Development Fund, shall, if they
are citizens of the United States, in the discretion of the Secretary of
the Treasury, each be eligible on the basis of such service and the
total compensation received therefor, for all employee benefits afforded
employees in the civil service of the United States.";
(2) striking from the second sentence the words "the fund
established pursuant to section 10 (a) of the Gold Reserve Act of
1934 (31 U.S.C. 822a (a))" and inserting in lieu thereof "funds
appropriated to the Department of the Treasury"; and
(3) striking out the last sentence of the section.
Sec. 5. There are authorized to be appropriated not to exceed
$24,000,000 for fiscal year 1979, including sums for official functions
and reception and representation expenses, to carry out the
international affairs functions of the Department of the Treasury.
Sec. 6. Section 10 (b) of the Gold Reserve Act of 1934 (31 U.S.C.
822a (b)) is amended by inserting "(1)" immediately after "(b)" and by
adding at the end thereof the following:
"(2) Within 30 days after the close of each calendar month beginning
after the effective date of this paragraph, the Secretary of the
Treasury shall provide to the Committee on Banking, Finance, and Urban
Affairs of the House of Representatives and the Committee on Banking,
Housing, and Urban Affairs of the Senate, a detailed financial statement
of the fund respecting all agreements entered into or renewed, all
transactions occurring during such month, and all liabilities projected
to occur.".
Sec. 7. This Act // 31 USC 822a // shall take effect on October 1,
1978, or on such later date as funds are made available pursuant to
appropriations Acts authorized by section 5 of this Act.
Approved November 8, 1978.
LEGISLATIVE HISTORY
HOUSE REPORT No. 95 - 1126 (Comm. on Banking, Finance, and Urban
Affairs).
SENATE REPORT No. 95 - 661 (Comm. on Banking, Housing, and Urban
Affairs).
CONGRESSIONAL Record, Vol. 124 (1978):
Mar. 8, considered and passed Senate.
May 16, considered and passed House amended.
June 23, Senate agreed to House amendment with amendments.
Oct. 10, House concurred in Senate amendments with an
amendment.
Oct. 11, House vacated proceedings of Oct. 10; concurred in
certain Senate amendments; in No. 1 with an amendment.
Oct. 13, Senate concurred in House amendments.
PUBLIC LAW 95-611, 92 Stat. 3089, UNITED STATES RAILWAY ASSOCIATION.
to authorize appropriations
for the United States Railway Association for
fiscal year 1979.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 214 (c) of
the Regional Rail Reorganization Act of 1973 (45 U.S.C. 724 (c)) is
amended to as follows:
"(c) Association.--For the fiscal year ending September 30, 1979,
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 $27,200,000. Sums appropriated under this
subsection are authorized to remain available until expended.".
Sec. 2. Section 201 (e) of the Regional Rail Reorganization Act of
1973 (45 U.S.C. 711 (e)) is amended by adding at the end thereof the
following new sentence: " Upon the expiration of their terms of office,
members of the Board shall continue to serve until their successors have
been appointed and qualified.".
Sec. 3. (a) Section 211 (d) of the Regional Rail Reorganization Act
of 1973 (45 U.S.C. 721 (d)) is amended by adding at the end thereof the
following: " Notwithstanding any other provision of this section, in
the case of a loan made under subsection (a) of this section to a
railroad in the region, the Association may, upon the request of such
railroad--,
"(1) continue to make advances to such railroad pursuant to
such loan, up to the total principal provided, as of the date of
enactment of this sentence, under the agreement between such
railroad and the Association under this section, upon finding only
that (A) a good faith effort has been commenced by such railroad
toward the establishment of an employee stock ownership plan, and
(B) such continued advances will permit the continuation of rail
service determined by the Association, in the Final System Plan or
under the goals of this Act, to be desirable; and
"(2) increase the principal amount of such loan to such
railroad, in an amount not to exceed $2,000,000, only if the
Association makes the finding referred to in paragraph (1) (B) of
this subsection and such railroad has in effect an employee stock
ownership plan which has been approved by the Association.
The Association may not take any action pursuant to the preceding
sentence of this subsection after December 31, 1979.".
(b) Section 3 (a) of the Emergency Rail Services Act of 1970 (45 U.
S.C. 662 (a)) is amended by adding at the end thereof the following new
sentence: " Notwithstanding any other provision of this section, the
Secretary, in guaranteeing certificates under this section, is
authorized to waive the findings required by paragraphs (1), (5), and
(6) of this subsection upon a finding that the guarantee of certificates
is necessary in order for a railroad which has received continued loan
advances, pursuant to section 211 (d) (1) of the Regional Rail
Reorganization Act of 1973, to maintain rail services in the region (as
such term is defined in section 102 (15) of such Act). // 45 USC 702.
// The Secretary may not make any waiver under the preceding sentence
after December 31, 1979.".
Sec. 4. (a) Section 206 (d) (5) (C) of the Regional Rail
Reorganization Act of 1973 (45 U.S.C. 716 (d) (5) (C)) is amended by
striking out "900 days" and inserting in lieu thereof "3 years".
(b) The amendment made by this Act // 45 USC 662 // shall be
effective on January 2, 1974.
Sec. 5. Section 17 (9) (f) (i) of the Interstate Commerce Act (49
U.S.C. 17 (9) (f) (i)) is amended to read as follows:
"(i) a majority of the Commissioners, by public vote, agree to
such further extension; and".
Sec. 6. // 43 USC 945 // (a) The Secretary of Transportation shall
conduct an investigation and study for purposes of determining equitable
rates to be charged for the rental of Alaska Railroad lands. In
carrying out such investigation and study, the Secretary shall
consider--,
(1) the per centum increase in such rates proposed after 1977
as compared with rates in effect on January 1, 1977;
(2) the services and the quality thereof provided by the
rentors of such land and the services and the quality thereof
received by such rentors from such railroad;
(3) the burden on commerce which may result from such proposed
rate increase; and
(4) such other factors as may be appropriate.
The Secretary shall report the results of such investigation and study
to the Congress not later than one year after the date of enactment of
this Act.
(b) Prior to 180 days after the date on which the Secretary's report
pursuant to subsection (a) is received by the Congress, rental charges
on lands rented by the Alaska Railroad shall not be increased by more
than 100 per centum of the amount charged for such land on January 1,
1977.
Approved November 8, 1978.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 1198 (Comm. on Interstate and Foreign
Commerce).
CONGRESSIONAL RECORD, Vol. 124 (1978):
Aug. 17, considered and passed House.
Sept. 14, considered and passed Senate, amended.
Oct. 13, House concurred in certain Senate amendments; in Nos.
3 and 5 with amendments.
Oct. 15, Senate concurred in House amendment to Senate
amendments.
PUBLIC LAW 95-610, 92 Stat. 3085
union organization of the
armed forces, membership in military labor
organizations by members of the
armed forces, and recognition of military labor
organizations by the Government,
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. // 10 USC 975 // (a) The Congress makes the following
findings:
(1) Members of the armed forces of the United States must be
prepared to fight and, if necessary, to die to protect the
welfare, security, and liberty of the United States and of their
fellow citizens.
(2) Discipline and prompt obedience to lawful orders of
superior officers are essential and time-honored elements of the
American military tradition and have been reinforced from the
earliest articles of war by laws and regulations prohibiting
conduct detrimental to the military chain of command and lawful
military authority.
(3) The processes of conventional collective bargaining and
labor-management negotiation cannot and should not be applied to
the relationships between members of the armed forces and their
military and civilian superiors.
(4) Strikes, slowdowns, picketing, and other traditional forms
of job action have no place in the armed forces.
(5) Unionization of the armed forces would be incompatible with
the military chain of command, would undermine the role,
authority, and position of the commander, and would impair the
morale and readiness of the armed forces.
(6) The circumstances which could constitute a threat to the
ability of the armed forces to perform their mission are not
comparable to the circumstances which could constitute a threat to
the ability of Federal civilian agencies to perform their
functions and should be viewed in light of the need for effective
performance of duty by each member of the armed forces.
(b) The purpose of this Act is to promote the readiness of the armed
forces to defend the United States.
Sec. 2. (a) Chapter 49 of title 10, United States Code, is amended
by addin at the end thereof the following new section:
" Sec. 975. // 10 USC 975. // Membership in military unions,
organizing of military unions, and recognition of military unions
prohibited
"(aa) in this section:
"(1) ' Member of the armed forces means (A) a member of the
armed forces who is serving on active duty, or (B) a member of a
Reserve component while performing inactive-duty training.
"(2) ' Military labor organization' means any organization that
engages in or attempts to engage in--
or
employee, or with any member of the armed forces, on
behalf
of members of the armed forces, concerning the terms or
conditions of military service of such members in the
armed
forces;
of the
armed forces, in connection with any grievance or
complaint
of any such member arising out of the terms or
conditions
of military service of such member in the armed forces;
or
which is
intended to induce any civilian officer or employee, or
any
member of the armed forces, to--
member
of the armed forces,
such
members in the armed forces, or
"(3) ' Civilian officer or employee' means an employee, as such
term is defined in section 2105 of title 5.
"(b) It shall be unlawful for a member of the armed forces, knowing
of the activities or objectives of a particular military labor
organization--
"(1) to join or maintain membership in such organization; or
"(2) to attempt to enroll any other member of the armed forces
as a member of such organization.
"(c) It shall be unlawful for any person--
"(1) to enroll in a military labor organization any member of
the armed forces or to solicit or accept dues or fees for such an
organization from any member of the armed forces; or
"(2) to negotiate or bargain, or attempt through any coercive
act to negotiate or bargain, with any civilian officer or
employee, or any member of the armed forces, on behalf of members
of the armed forces, concerning the terms or conditions of service
of such members;
"(3) to organize or attempt to organize, or participate in, any
strike, picketing, march, demonstration, or other similar form of
concerted action involving members of the armed forces that is
directed against the Government of the United States and that is
intended to induce any civilian officer or employee, or any member
of the armed forces, to--
representative
of individual members of the armed forces in connection
with any complaint or grievance of any such member
arising out of the terms or conditions of service of
such member
in the armed forces, or
conditions
of service in the armed forces of individual members of
the armed forces; or
"(4) to use any military installation, facility, reservation,
vessel, or other property of the United States for any meeting,
march, picketing, demonstration, or other similar activity for the
purpose of engaging in any activity prohibited by this subsection
or by subsection (b) or (d).
"(d) It shall be unlawful for any military labor organization to
represent, or attempt to represent, any member of the armed forces
before any civilian officer or employee, or any member of the armed
forces, in connection with any grievance or complaint of any such member
arising out of the terms or conditions of service of such member in the
armed forces.
"(e) No member of the armed forces, and no civilian officer or
employee, may--
"(1) negotiate or bargain on behalf of the United States
concerning the terms or conditions of military service of members
of the armed forces with any person who represents or purports to
represent members of the armed forces, or
"(2) permit or authorize the use of any military installation,
facility, reservation, vessel, or other property of the United
States for any meeting, march, picketing, demonstration, or other
similar activity which is for the purpose of engaging in any
activity prohibited by subsection (b), (c), or (d).
Nothing in this subsection shall prevent commanders or supervisors from
giving consideration to the views of any member of the armed forces
presented individually or as a result of participation on
command-sponsored or authorized advisory councils, committees, or
organizations.
"(f) Whoever violates subsection (b), (c), or (d) shall, in the case
of an individual, be fined not more than $10,000 or imprisoned not more
than five years, or both, and in the case of an organization or
association, be fined not less than $25,000 and not more than $250,000.
"(g) Nothing in this section shall limit the right of any member of
the armed forces--,
"(1) to join or maintain membership in any organization or
association not constituting a 'military labor organization' as
defined in subsection (a) (2) of this section;
"(2) to present complaints or grievances concerning the terms
or conditions of the service of such member in the armed forces in
accordance with established military procedures;
"(3) to seek or receive information or counseling from any
source;
"(4) to be represented by counsel in any legal or quasi-legal
proceeding, in accordance with applicable laws and regulations;
"(5) to petition the Congress for redress of grievances; or
"(6) to take such other administrative action to seek such
administrative or judicial relief, as is authorized by applicable
laws and regulations.".
(b) The table of sections at the beginning of chapter 49 of title 10,
United States Code, is amended by adding at the end thereof the
following new item:
"975. Membership in military unions, organizing of military unions,
and recognition of military unions prohibited.".
Approved November 8, 1978.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 894, Pt. I (Comm. on Armed Services) and Pt.
II (Comm. on Post Office and Civil Service).
SENATE REPORT No. 95 - 411 (Comm. on Armed Services).
CONGRESSIONAL RECORD:
Vol. 123 (1977): Sept. 16, considered and passed Senate.
Vol. 124 (1978): Sept 26, considered and passed House,
amended. Oct. 15, Senate concurred in House amendment.
PUBLIC LAW 95-609, 92 STAT. 3079, QUIET COMMUNITIES ACT OF 1978
for one year, 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
4901 // may be cited as the " Quiet Communities Act of 1978".
Sec. 2. Section 14 of the Noise Control Act of 1972 // 42 USC 4913.
// is amended to read as follows:
" Sec. 14. To promote the development of effective State and local
noise control programs, to provide an adequate Federal noise control
research program designed to meet the objectives of this Act, and to
otherwise carry out the policy of this Act, the Administrator shall, in
cooperation with other Federal agencies and through the use of grants,
contracts, and direct Federal actions--,
"(a) develop and disseminate information and educational
materials to all segments of the public on the public health and
other effects of noise and the most effective means for noise
control, through the use of materials for school curricula,
volunteer organizations, radio and television programs,
publication, and other means;
"(b) conduct or finance research directly or with any public or
private organization or any person on the effects, measurement,
and control of noise, including but not limited to--,
domestic
animals, wildlife, and property, and the determination
of
dose/response relationships suitable for use in
decision-making,
with special emphasis on the nonauditory effects of
noise;
possible
regulation under sections 6, 7, and 8 of this Act;
suited
for use by State and local noise control programs;
economic
incentives (including emission charges) in the control
of noise;
"(c) administer a nationwide Quiet Communities Program which
shall include, but not be limited to--,
jurisdiction;
purchasing
initial equipment;
highways,
and rail yards) and other major stationary sources
of noise, and, where appropriate, for the facility or
source
itself; and,
special
needs or assist in the beginning implementation of a
noise
control program or project;
communities
assure that their date collection activities are
accurate;
governments
required for the establishment and implementation of
effective noise abatement and control programs; and
except that no actions, plans or programs hereunder shall be
inconsistent with existing Federal authority under this Act to
regulate sources of noise in interstate commerce;
"(d) develop and implement a national noise environmental
assessment program to identify trends in noise exposure and
response, ambient levels, and compliance data and to determine
otherwise the effectiveness of noise abatement actions through the
collection of physical, social, and human response data;
"(e) establish regional technical assistance centers which use
the capabilities of university and private organizations to assist
State and local noise control programs;
"(f) provide technical assistance to State and local
governments to facilitate their development and enforcement of
noise control, including direct onsite assistance of agency or
other personnel with technical expertise, and preparation of model
State or local legislation for noise control; and
"(g) provide for the maximum use in programs assisted under
this section of senior citizens and persons eligible for
participation in programs under the Older Americans Act.".
// 42 USC 3001 //
Sec. 3. The fourth sentence of section 611 (c)(1) of the Federal
Aviation Act, as amended by section 7 of the Noise Control Act of 1972,
// 49 USC 1431 // is amended by striking "a reasonable time" and
inserting in lieu thereof "ninety days", and by adding before the period
"and a detailed analysis of an response to all documentation or other
information submitted by the Environmental Protection Agency with such
proposed regulations".
Sec. 4. Section 11(a) of the Noise Control Act of 1972 // 42 USC
4910. // is amended by inserting "(1)" after "(a)" and by adding the
following new paragraph:
"(2) Any person who violates paragraph (1), (3), (5), or (6) of
subsection (a) of section 10 of this Act shall be subject to a civil
penalty not to exceed $10,000 per day of such violation".
Sec. 5. Section 6 of the Noise Control Act of 1972 // 42 USC 4905.
// is amended by adding the following subsection:
"(f) At any time after the promulgation of regulations respecting a
product under this section, a State or political subdivision thereof may
petition the Administrator to revise such standard on the grounds that a
more stringent standard under subsection (c) of this section is
necessary to protect the public health and welfare. The Administration
shall publish notice of receipt of such petition in the Federal Register
and shall within ninety days of receipt of such petition respond by (1)
publication of proposed revised regulation in accordance with subsection
(c)(3) of this section, or (2) publication in the Federal Register of a
decision not to publish such proposed revised regulations at that time,
together with a detailed explanation for such decision.".
Sec. 6. Section 19 of the Noise Control Act of 1972 // 42 USC 4918.
// is amended to read as follows:
" Sec. 19. There are authorized to be appropriated to carry out this
Act (other than for research and development) $15,000,000 for the fiscal
year ending September 30, 1979.".
Sec. 7. (a) Section 1002 (a) (4) of the Solid Waste Disposal Act //
42 USC 6901. // is amended by deleting the hyphen between the words
"solid" and "waste" in the last line.
(b) Section 1004 of the Solid Waste Disposal Act // 42 USC 6903. //
is amended by--,
(1) revising paragraph (8) by striking out everything after
"improvement of land";
(2) revising paragraph (10) by striking out "disposal" and
inserting in lieu thereof "management";
(3) by revising paragraph (29) to read as follows:
"(29) The term 'solid waste management facility' includes--,
conservation,
and
treatment or disposal
of solid wastes, including hazardous wastes, whether
such facility is associated with facilities generating
such
wastes or otherwise.".
(c) Section 1008(a)(3) of the Solid Waste Disposal Act // 42 USC
6907. // is amended by striking out "title IV" and inserting in lieu
thereof "subtitle D".
(d) Section 1008(b) of the Solid Waste Disposal Act is amended by
striking ",pursuant to this section" and by inserting after "suggested
guidelines" each time it appears the phrase "or proposed regulations
under this Act".
(e) Section 2003 of the Solid Waste Disposal Act // 42 USC 6913. //
is amended by inserting " Federal agencies," after "to provide".
(f) Section 3002 of the Solid Waste Disposal Act // 42 USC 6922. //
is amended by--,
(1) revising paragraph (5) by striking out the semicolon after
"subtitle" and substituting a comma, and by striking out "and" and
inserting in lieu thereof "or pursuant to title I of the Marine
Protection, Research, and Sanctuaries Act
// 33 USC 1411. //
(86 Stat. 1052); and"; and
(2) revising paragraph (6) by adding a close parenthesis after
"subtitle" the first time it appears.
(g) Section 3003 of the Solid Waste Disposal Act // 42 USC 6923. //
is amended by--,
(1) revising subsection (a) (4) by striking out the period
after thereof "or pursuant to title I of the Marine Protection,
Research, and Sanctuaries Act (86 Stat. 1052)."; and
(2) revising subsection (b) by striking out "subtitle" after
"the regulations promulgated by the Administrator under this" and
inserting in lieu thereof "section".
(h) Section 3005(a) of the Solid Waste Disposal Act // 42 USC 6925.
// is amended by inserting "treatment, storage, or" after "and upon and
after such date the".
(i) Section 3006(c) of the Solid Waste Disposal Act // 42 USC 6926.
// is amended by--,
(1) striking out "required for" wherever it appears in the
subsection and inserting in lieu thereof "of"; and
(2) inserting the word "may" immediately after "3005," and
before "submit".
(j) Section 3007 (a) (1) of the Solid Waste Disposal Act // 42 USC
6927. // is amended by striking out "or disposed of" and inserting in
lieu thereof "disposed of, or transported from".
(k) Section 3008 of the Solid Waste Disposal Act // 42 USC 6928. //
is amended by--,
(1) revising subsection (d) (1) to read as follows:
"(1) transports any hazardous waste identified or listed under
this subtitle to a facility which does not have a permit under
section 3005 (or 3006 in the case of a State program), or pursuant
to title I of the Marine Protection, Research, and Sanctuaries Act
(86 Stat. 1052),"; and
(2) revising subsection (d) (2) to read as follows:
"(2) treats, stores, or disposes of any hazardous waste
identified or listed under this subtitle without having obtained a
permit under section 3005 (or 3006 in the case of a State program)
or pursuant to title I of the Marine Protection, Research, and
Sanctuaries Act (86 Stat. 1052)."
(1) Section 4007 (C) of the Solid Waste Disposal Act // 42 USC 6947.
// is amended by redesignating subsection "(C)" as "(c)".
(m) Section 6001 of the Solid Waste Disposal Act // 42 USC 6961. //
is amended by inserting "or management" between "disposal" and "of solid
waste".
(n) Section 6002 of the Solid Waste Disposal Act // 42 USC 6962. //
is amended by--,
(1) deleting "(A)" after "(1)" in subsection (c) and changing
"(B)" and "(C)" to "(2)" and "(3)", respectively; and changing
"(i)", "(ii)", and "(iii)" to "(A)", "(B)", and "(C)",
respectively;
(2) in subsection (c) (3) as redesignated, striking "
Contracting" andinserting in lieu thereof " After the date
specified in any applicable guidelines prepared pursuant to
subsection (e) of this section, contracting"; and
(3) inserting in the second sentence of subsection (e) after
"containing such materials" the phrase "and with respect to
certification by vendors of the percentage of recovered materials
used,".
(o) Section 6004 of the Solid Waste Disposal Act // 42 USC 6964. //
is amended by--,
(1) revising subsection (a) (1) (A) by striking out "disposal"
and inserting in lieu thereof "management";
(2) revising subsection (a) (1) (B) by striking out "disposal"
and inserting in lieu thereof "management"; and
(3) revising subsection (b) by striking out " Secretary" and
inserting in lieu thereof " Administrator".
(p) Section 7002 of the Solid Waste Disposal Act // 42 USC 6972. //
is amended by--,
(1) revising subsection (c) by striking out "section 212" and
inserting in lieu thereof "subtitle C"; and
(2) revising subsection (e) by striking out "requiring" and
inserting in lieu thereof "require".
(q) Section 7003 of the Solid Waste Disposal Act // 42 USC 6973. //
is amended by striking out "for" before "contributing to the alleged
disposal".
(r) Section 7007 of the Solid Waste Disposal Act // 42 USC 6977. //
is amended by--,
(1) revising subsection (b) (1) (A) by striking out "disposal"
and inserting "management"; and by striking out "resources" and
inserting "resource";
(2) revising subsection (b) (1) (B) by striking out "disposal"
and inserting "management"; and
(3) revising subsection (c) (3) by striking out "disposal" and
inserting "management" in lieu thereof.
(s) Section 8001 (a) of the Solid Waste Disposal Act // 42 USC 6981.
// is amended by--,
(1) revising paragraph (2) by striking out "disposal" and
inserting "management" in lieu thereof; and
(2) revising paragraph (13) by inserting "treatment," after
"for purpose of".
(t) Section 8002 of the Solid Waste Disposal Act // 42 USC 6982. //
is amended by--,
(1) revising paragraph (1) of subsection (g) by inserting a
comma between "shale" and "liquefaction";
(2) revising paragraph (1) of subsection (j) by inserting "the
Secretary of Energy, the Chairman of the Council of Economic
Advisors," before "and a representative of the Office of
Management and Budget,";
(3) revising paragraph (2) of subsection (j) by striking "(2)
(D)" and inserting "(1) (D)" in lieu thereof;
(4) revising paragraph (3) of subsection (j) by striking "(2)
(D)" and inserting "(1)" in lieu thereof; and
(5) revising subsection (1) by striking out "required under
subsection (a), (h), (i) and (j)" and inserting in lieu thereof
"required under subsections (a), (h), and (i)".
(u) Section 8003 (a) (3) of the Solid Waste Disposal Act // 42 USC
6983. // is amended by striking out "discarded materials" and inserting
"solid waste" in lieu thereof.
(v) Section 8004 (a) (1) of the Solid Waste Disposal Act // 42 USC
6984. // is amended by striking out "discarded material" and inserting
"solid waste" in lieu thereof.
Sec. 8. // 49 USC 1431 // (a) The Secretary of Transportation and
the Administrator of the Environmental Protection Agency shall jointly
study the aircraft noise effects from an airport on communities located
in a State other than the State in which the airport is located. The
criteria to be used in selecting the airport to be studied shall
include:
(1) the airport shall be operated by a State, a unit of general
purpose local government of a State, or a special purpose entity
constituted for the purpose of operating an airport, and
(2) the airport shall have a point on the airport boundary
within one nautical mile from a State boundary, and
(3) the airport shall have had in excess of sixty thousand
scheduled air carrier departures during the preceding calendar
year.
(b) The study shall be conducted in cooperation with the airport
operator, appropriate Federal, State, and local officials, and the
appropriate Metropolitan Planning Organization.
(c) The Secretary and the Administrator shall prepare and submit to
Congress a report within nine months of the conclusion of the study, but
no later than twenty-four months after enactment of this section.
Approved November 8, 1978.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 1171, accompanying H.R. 12647 (Comm. on
Interstate and Foreign Commerce).
SENATE REPORT No. 95 - 875 (Comm. on Environment and Public Works).
CONGRESSIONAL RECORD, Vol. 124 (1978):
July 19, considered and passed Senate.
Oct. 10, H.R. 12647 considered and passed House, passage
vacated, and S. 3083,
amended, passed in lieu.
Oct. 13, Senate concurred in House amendments.
PUBLIC LAW 95-608, 92 STAT. 3069, INDIAN CHILD WELFARE ACT OF 1978
children in foster or adoptive
homes, to prevent the breakup of Indian families, 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 // 25 USC
1901 // may be cited as the " Indian Child Welfare Act of 1978".
Sec. 2. Recognizing the special relationship between the United
States and the Indian tribes and their members and the Federal
responsibility to Indian people, the Congress finds--,
(1) that clause 3, section 8, article I of the United States
Constitution provides that " The Congress shall have Power * * *
To regulate Commerce * * * with Indian tribes" and, through this
and other constitutional authority, Congress has plenary power
over Indian affairs;
(2) that Congress, through statutes, treaties, and the general
course of dealing with Indian tribes, has assumed the
responsibility for the protection and preservation of Indian
tribes and their resources;
(3) that there is no resource that is more vital to the
continued existence and integrity of Indian tribes than their
children and that the United States has a direct interest, as
trustee, in protecting Indian children who are members of or are
eligible for membership in an Indian tribe;
(4) that an alarmingly high percentage of Indian families are
broken up by the removal, often unwarranted, of their children
from them by nontribal public and private agencies and that an
alarmingly high percentage of such children are placed in
non-Indian foster and adoptive homes and institutions; and
(5) that the States, exercising their recognized jurisdiction
over Indian child custody proceedings through administrative and
judicial bodies, have often failed to recognize the essential
tribal relations of Indian people and the cultural and social
standards prevailing in Indian communities and families.
Sec. 3. // 25 USC 1902. // The Congress hereby declares that it is
the policy of this Nation to protect the best interests of Indian
children and to promote the stability and security of Indian tribes and
families by the establishment of minimum Federal standards for the
removal of Indian children from their families and the placement of such
children in foster or adoptive homes which will reflect the unique
values of Indian culture, and by providing for assistance to Indian
tribes in the operation of child and family service programs.
Sec. 4. For the purposes of this Act, // 25 USC 1903. // except as
may be specifically provided otherwise, the term--,
(1) "child custody proceeding" shall mean and include--,
custodian
for temporary placement in a foster home or institution
or
the home of a guardian or conservator where the parent
or
Indian custodian cannot have the child returned upon
demand, but where parental rights have not been
terminated;
temporary
placement of an Indian child in a foster home or
institution after the termination of parental rights,
but prior
to or in lieu of adoptive placement; and
any action
resulting in a final decree of adoption.
Such term or terms shall not include a placement based upon an act
which, if committed by an adult, would be deemed a crime or upon
an award, in a divorce proceeding, of custody to one of the
parents.
(2) "extended family member" shall be as defined by the law or
custom of the Indian child's tribe or, in the absence of such law
or custom, shall be a person who has reached the age of eighteen
and who is the Indian child's grandparent, aunt or uncle, brother
or sister, brother-in-law or sister-in-law, niece or nephew, first
or second cousin, or stepparent;
(3) " Indian" means any person who is a member of an Indian
tribe, or who is an Alaska Native and a member of a Regional
Corporation as defined in section 7 of the Alaska Native Claims
Settlement Act
// 43 USC 1606. //
(85 Stat. 688, 689);
(4) " Indian child" means any unmarried person who is under age
eighteen and is either (a) a member of an Indian tribe or (b) is
eligible for membership in an Indian tribe and is the biological
child of a member of an Indian tribe;
(5) " Indian child's tribe" means (a) the Indian tribe in which
an Indian child is a member or eligible for membership or (b) in
the case of an Indian child who is a member of or eligible for
membership in more than one tribe, the Indian tribe with which the
Indian child has the more significant contacts;
(6) " Indian custodian" means any Indian person who has legal
custody of an Indian child under tribal law or custom or under
State law or to whom temporary physical care, custody, and control
has been transferred by the parent of such child;
(7) " Indian organization" means any group, association,
partnership, corporation, or other legal entity owned or
controlled by Indians, or a majority of whose members are Indians;
(8) " Indian tribe" means any Indian tribe, band, nation, or
other organized group or community of Indians recognized as
eligible for the services provided to Indians by the Secretary
because of their status as Indians, including any Alaska Native
village as defined in section 3(c) of the Alaska Native Claims
Settlement Act
// 43 USC 1602. //
(85 Stat. 688, 689), as amended;
(9) "parent" means any biological parent or parents of an
Indian child or any Indian person who has lawfully adopted an
Indian child, including adoptions under tribal law or custom. It
does not include the unwed father where paternity has not been
acknowledged or established;
(10) "reservation" means Indian country as defined in section
1151 of title 18, United States Code and any lands, not covered
under such section, title to which is either held by the United
States in trust for the benefit of any Indian tribe or individual
or held by any Indian tribe or individual subject to a restriction
by the United States against alienation;
(11) " Secretary" means the Secretary of the Interior; and
(12) "tribal court" means a court with jurisdiction over child
custody proceedings and which is either a Court of Indian
Offenses, a court established and operated under the code or
custom of an Indian tribe, or any other administrative body of a
tribe which is vested with authority over child custody
proceedings.
Sec. 101. // 25 USC 1911. // (a) An Indian tribe shall have
jurisdiction exclusive as to any State over any child custody proceeding
involving an Indian child who resides or is domiciled within the
reservation of such tribe, except where such jurisdiction is otherwise
vested in the State by existing Federal law. Where an Indian child is a
ward of a tribal court, the Indian tribe shall retain exclusive
jurisdiction, notwithstanding the residence or domicile of the child.
(b) In any State court proceeding for the foster care placement of,
or termination of parental rights to, an Indian child not domiciled or
residing within the reservation of the Indian child's tribe, the court,
in the absence of good cause to the contrary, shall transfer such
proceeding to the jurisdiction of the tribe, absent objection by either
parent, upon the petition of either parent or the Indian custodian or
the Indian child's tribe: Provided, That such transfer shall be subject
to declination by the tribal court of such tribe.
(c) In any State court proceeding for the foster care placement of,
or termination of parental rights to, an Indian child, the Indian
custodian of the child and the Indian child's tribe shall have a right
to intervene at any point in the proceeding.
(d) The United States, every State, every territory or possession of
the United States, and every Indian tribe shall give full faith and
credit to the public acts, records, and judicial proceedings of any
Indian tribe applicable to Indian child custody proceedings to the same
extent that such entities give full faith and credit to the public acts,
records, and judicial proceedings of any other entity.
Sec. 102. // 25 USC 1912. // (a) In any involuntary proceeding in a
State court, where the court knows or has reason to know that an Indian
child is involved, the party seeking the foster care placement of, or
termination of parental rights to, an Indian child shall notify the
parent or Indian custodian and the Indian child's tribe, by registered
mail with return receipt requested, of the pending proceedings and of
their right of intervention. If the identity or location of the parent
or Indian custodian and the tribe cannot be determined, such notice
shall be given to the Secretary in like manner, who shall have fifteen
days after receipt to provide the requisite notice to the parent or
Indian custodian and the tribe. No foster care placement or termination
of parental rights proceeding shall be held until at least ten days
after receipt of notice by the parent or Indian custodian and the tribe
or the Secretary: Provided, That the parent or Indian custodian or the
tribe shall, upon request, be granted up to twenty additional days to
prepare for such proceeding.
(b) In any case in which the court determines indigency, the parent
or Indian custodian shall have the right to court-appointed counsel in
any removal, placement, or termination proceeding. The court may, in
its discretion, appoint counsel for the child upon a finding that such
appointment is in the best interest of the child. Where State law makes
no provision for appointment of counsel in such proceedings, the court
shall promptly notify the Secretary upon appointment of counsel, and the
Secretary, upon certification of the presiding judge, shall pay
reasonable fees and expenses out of funds which may be appropriated
pursuant to the Act of November 2, 1921 (42 Stat. 208; 25 U.S.C. 13).
(c) Each party to a foster care placement or termination of parental
rights proceeding under State law involving an Indian child shall have
the right to examine all reports or other documents filed with the court
upon which any decision with respect to such action may be based.
(d) Any party seeking to effect a foster care placement of, or
termination of parental rights to, an Indian child under State law shall
satisfy the court that active efforts have been made to provide remedial
services and rehabilitative programs designed to prevent the breakup of
the Indian family and that these efforts have proved unsuccessful.
(e) No foster care placement may be ordered in such proceeding in the
absence of a determination, supported by clear and convincing evidence,
including testimony of qualified expert witnesses, that the continued
custody of the child by the parent or Indian custodian is likely to
result in serious emotional or physical damage to the child.
(f) No termination of parental rights may be ordered in such
proceeding in the absence of a determination, supported by evidence
beyond a reasonable doubt, including testimony of qualified expert
witnesses, that the continued custody of the child by the parent or
Indian custodian is likely to result in serious emotional or physical
damage to the child.
Sec. 103. // 25 USC 1913. // (a) Where any parent or Indian
custodian voluntarily consents to a foster care placement or to
termination of parental rights, such consent shall not be valid unless
executed in writing and recorded before a judge of a court of competent
jurisdiction and accompanied by the presiding judge's certificate that
the terms and consequences of the consent were fully explained in detail
and were fully understood by the parent or Indian custodian. The court
shall also certify that either the parent or Indian custodian fully
understood the explanation in English or that it was interpreted into a
language that the parent or Indian custodian understood. Any consent
given prior to, or within ten days after, birth of the Indian child
shall not be valid.
(b) Any parent or Indian custodian may withdraw consent to a foster
care placement under State law at any time and, upon such withdrawal,
the child shall be returned to the parent or Indian custodian.
(c) In any voluntary proceeding for termination of parental rights
to, or adoptive placement of, an Indian child, the consent of the parent
may be withdrawn for any reason at any time prior to the entry of a
final decree of termination or adoption, as the case may be, and the
child shall be returned to the parent.
(d) After the entry of a final decree of adoption of an Indian child
in any State court, the parent may withdraw consent thereto upon the
grounds that consent was obtained through fraud or duress and may
petition the court to vacate such decree. Upon a finding that such
consent was obtained through fraud or duress, the court shall vacate
such decree and return the child to the parent. No adoption which has
been effective for at least two years may be invalidated under the
provisions of this subsection unless otherwise permitted under State
law.
Sec. 104. // 25 USC 1914. // Any Indian child who is the subject of
any action for foster care placement or termination of parental rights
under State law, any parent or Indian custodian from whose custody such
child was removed, and the Indian child's tribe may petition any court
of competent jurisdiction to invalidate such action upon a showing that
such action violated any provision of sections 101, 102, and 103 of this
Act.
Sec. 105. (a) In any adoptive placement of an Indian child under
State law, a preference shall be given, in the absence of good cause to
the contrary, to a placement with (1) a member of the child's extended
family; (2) other members of the Indian child's tribe; or (3) other
Indian families.
(b) Any child accepted for foster care or preadoptive placement shall
be placed in the least restrictive setting which most approximates a
family and in which his special needs, if any, may be met. The child
shall also be placed within reasonable proximity to his or her home,
taking into account any special needs of the child. In any foster care
or preadoptive placement, a preference shall be given, in the absence of
good cause to the contrary, to a placement with--,
(i) a member of the Indian child's extended family;
(ii) a foster home licensed, approved, or specified by the
Indian child's tribe;
(iii) an Indian foster home licensed or approved by an
authorized non-Indian licensing authority; or
(iv) an institution for children approved by an Indian tribe or
operated by an Indian organization which has a program suitable to
meet the Indian child's needs.
(c) In the case of a placement under subsection (a) or (b) of this
section, if the Indian child's tribe shall establish a different order
of preference by resolution, the agency or court effecting the placement
shall fol