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 follow such order so long as the placement is the least
restrictive setting appropriate to the particular needs of the child, as
provided in subsection (b) of this section. Where appropriate, the
preference of the Indian child or parent shall be considered: Provided,
That where a consenting parent evidences a desire for anonymity, the
court or agency shall give weight to such desire in applying the
preferences.
(d) The standards to be applied in meeting the preference
requirements of this section shall be the prevailing social and cultural
standards of the Indian community in which the parent or extended family
resides or with which the parent or extended family members maintain
social and cultural ties.
(e) A record of each such placement, under State law, of an Indian
child shall be maintained by the State in which the placement was made,
evidencing the efforts to comply with the order of preference specified
in this section. Such record shall be made available at any time upon
the request of the Secretary or the Indian child's tribe.
Sec. 106. // 25 USC 1916. // (a) Notwithstanding State law to the
contrary, whenever a final decree of adoption of an Indian child has
been vacated or set aside or the adoptive parents voluntarily consent to
the termination of their parental rights to the child, a biological
parent or prior Indian custodian may petition for return of custody and
the court shall grant such petition unless there is a showing, in a
proceeding subject to the provisions of section 102 of this Act, that
such return of custody is not in the best interests of the child.
(b) Whenever an Indian child is removed from a foster care home or
institution for the purpose of further foster care, preadoptive, or
adoptive placement, such placement shall be in accordance with the
provisions of this Act, except in the case where an Indian child is
being returned to the parent or Indian custodian from whose custody the
child was originally removed.
Sec. 107. // 25 USC 1917. // Upon application by an Indian
individual who has reached the age of eighteen and who was the subject
of an adoptive placement, the court which entered the final decree shall
inform such individual of the tribal affiliation, if any, of the
individual's biological parents and provide such other information as
may be necessary to protect any rights flowing from the individual's
tribal relationship.
Sec. 108. // 25 USC 1918. // (a) Any Indian tribe which became
subject to State jurisdiction pursuant to the provisions of the Act of
August 15, 1953 (67 Stat. 588), as amended by title IV of the Act of
April 11, 1968 (82 Stat. 73, 78), or pursuant to any other Federal law,
may reassume jurisdiction over child custody proceedings. Before any
Indian tribe may reassume jurisdiction over Indian child custody
proceedings, such tribe shall present to the Secretary for approval a
petition to reassume such jurisdiction which includes a suitable plan to
exercise such jurisdiction.
(b)(1) In considering the petition and feasibility of the plan of a
tribe under subsection (a), the Secretary may consider, among other
things:
(i) whether or not the tribe maintains a membership roll or
alternative provision for clearly identifying the persons who will
be affected by the reassumption of jurisdiction by the tribe;
(ii) the size of the reservation or former reservation area
which will be affected by retrocession and reassumption of
jurisdiction by the tribe;
(iii) the population base of the tribe, or distribution of the
population in homogeneous communities or geographic areas; and
(iv) the feasibility of the plan in cases of multitribal
occupation of a single reservation or geographic area.
(2) In those cases where the Secretary determines that the
jurisdictional provisions of section 101(a) of this Act are not
feasible, he is authorized to accept partial retrocession which will
enable tribes to exercise referral jurisdiction as provided in section
101(b) of this Act, or, where appropriate, will allow them to exercise
exclusive jurisdiction as provided in section 101(a) over limited
community or geographic areas without regard for the reservation status
of the area affected.
(c) If the Secretary approves any petition under subsection (a), the
Secretary shall publish notice of such approval in the Federal Register
and shall notify the affected State or States of such approval. The
Indian tribe concerned shall reassume jurisdiction sixty days after
publication in the Federal Register of notice of approval. If the
Secretary disapproves any petition under subsection (a), the Secretary
shall provide such technical assistance as may be necessary to enable
the tribe to correct any deficiency which the Secretary identified as a
cause for disapproval.
(d) Assumption of jurisdiction under this section shall not affect
any action or proceeding over which a court has already assumed
jurisdiction, except as may be provided pursuant to any agreement under
section 109 of this Act.
Sec. 109. // 25 USC 1919. // (a) States and Indian tribes are
authorized to enter into agreements with each other respecting care and
custody of Indian children and jurisdiction over child custody
proceedings, including agreements which may provide for orderly transfer
of jurisdiction on a case-by-case basis and agreements which provide for
concurrent jurisdiction between States and Indian tribes.
(b) Such agreements may be revoked by either party upon one hundred
and eighty days' written notice to the other party. Such revocation
shall not affect any action or proceeding over which a court has already
assumed jurisdiction, unless the agreement provides otherwise.
Sec. 110. // 25 USC 1920. // Where any petitioner in an Indian child
custody proceeding before a State court has improperly removed the child
from custody of the parent or Indian custodian or has improperly
retained custody after a visit or other temporary relinquishment of
custody, the court shall decline jurisdiction over such petition and
shall forthwith return the child to his parent or Indian custodian
unless returning the child to his parent or custodian would subject the
child to a substantial and immediate danger or threat of such danger.
Sec. 111. // 25 USC 1921. // In any case where State or Federal law
applicable to a child custody proceeding under State or Federal law
provides a higher standard of protection to the rights of the parent or
Indian custodian of an Indian child than the rights provided under this
title, the State or Federal court shall apply the State or Federal
standard.
Sec. 112. // 25 USC 1922. // Nothing in this title shall be
construed to prevent the emergency removal of an Indian child who is a
resident of or is domiciled on a reservation, but temporarily located
off the reservation, from his parent or Indian custodian or the
emergency placement of such child in a foster home or institution, under
applicable State law, in order to prevent imminent physical damage or
harm to the child. The State authority, official, or agency involved
shall insure that the emergency removal or placement terminates
immediately when such removal or placement is no longer necessary to
prevent imminent physical damage or harm to the child and shall
expeditiously initiate a child custody proceeding subject to the
provissions of this title, transfer the child to the jurisdiction of the
appropriate Indian tribe, or restore the child to the parent or Indian
custodian, as may be appropriate.
Sec. 113. // 25 USC 1923. // None of the provisions of this title,
except sections 101(a), 108, and 109, shall affect a proceeding under
State law for foster care placement, termination of parental rights,
preadoptive placement, or adoptive placement which was initiated or
completed prior to one hundred and eighty days after the enactment of
this Act, but shall apply to any subsequent proceeding in the same
matter or subsequent proceedings affecting the custody or placement of
the same child.
Sec. 201. // 25 USC 1931. // (a) The Secretary is authorized to make
grants to Indian tribes and organizations in the establishment and
operation of Indian child and family service programs on or near
reservations and in the preparation and implementation of child welfare
codes. The objective of every Indian child and family service program
shall be to prevent the breakup of Indian families and, in particular,
to insure that the permanent removal of an Indian child from the custody
of his parent or Indian custodian shall be a last resort. Such child
and family service programs may include, but are not limited to--,
(1) a system for licensing or otherwise regulating Indian
foster and adoptive homes;
(2) the operation and maintenance of facilities for the
counseling and treatment of Indian families and for the temporary
custody of Indian children;
(3) family assistance, including homemaker and home counselors,
day care, afterschool care, and employment, recreational
activities, and respite care;
(4) home improvement programs;
(5) the employment of professional and other trained personnel
to assist the tribal court in the disposition of domestic
relations and child welfare matters;
(6) education and training of Indians, including tribal court
judges and staff, in skills relating to child and family
assistance and service programs;
(7) a subsidy program under which Indian adoptive children may
be provided support comparable to that for which they would be
eligible as foster children, taking into account the appropriate
State standards of support for maintenance and medical needs; and
(8) guidance, legal representation, and advice to Indian
families involved in tribal, State, or Federal child custody
proceedings.
(b) Funds appropriated for use by the Secretary in accordance with
this section may be utilized as non-Federal matching share in connection
with funds provided under titles IV-B and XX of the Social Security Act
// 42 USC 620, 1397. // or under any other Federal financial assistance
programs which contribute to the purpose for which such funds are
authorized to be appropriated for use under this Act. The provision or
possibility of assistance under this Act shall not be a basis for the
denial or reduction of any assistance otherwise authorized under titles
IV-B and XX of the Social Security Act or any other federally assisted
program. For purposes of qualifying for assistance under a federally
assisted program, licensing or approval of foster or adoptive homes or
institutions by an Indian tribe shall be deemed equivalent to licensing
or approval by a State.
Sec. 202. // 25 USC 1932. // The Secretary is also authorized to
make grants to Indian organizations to establish and operate
off-reservation Indian child and family service programs which may
include, but are not limited to--,
(1) a system for regulating, maintaining, and supporting Indian
foster and adoptive homes, including a subsidy program under which
Indian adoptive children may be provided support comparable to
that for which they would be eligible as Indian foster children,
taking into account the appropriate State standards of support for
maintenance and medical needs;
(2) the operation and maintenance of facilities and services
for counseling and treatment of Indian families and Indian foster
and adoptive children;
(3) family assistance, including homemaker and home counselors,
day care, afterschool care, and employment, recreational
activities, and respite care; and
(4) guidance, legal representation, and advice to Indian
families involved in child custody proceedings.
Sec. 203. // 25 USC 1933. // (a) In the establishment, operation,
and funding of Indian child and family service programs, both on and off
reservation, the Secretary may enter into agreements with the Secretary
of Health, Education, and Welfare, and the latter Secretary is hereby
authorized for such purposes to use funds appropriated for similar
programs of the Department of Health, Education, and welfare: Provided,
That authority to make payments pursuant to such agreements shall be
effective only to the extent and in such amounts as may be provided in
advance by appropriation Acts.
(b) Funds for the purposes of this Act may be appropriated pursuant
to the provisions of the Act of November 2, 1921 // 25 USC 13. // (42
Stat. 208), as amended.
Sec. 204. For the purpose of sections 202 and 203 of this title, //
25 USC 1934. // the term " Indian" shall include persons defined in
section 4(c) of the Indian Health Care Improvement Act of 1976 // 25 USC
1603. // (90 Stat. 1400, 1401).
Sec. 301. // 25 USC 1951. // (a) Any State court entering a final
decree or order in any Indian child adoptive placement after the dte of
enactment of this Act shall provide the Secretary with a copy of such
decree or order together with such other information as may be necessary
to show--,
(1) the name and tribal affiliation of the child;
(2) the names and addresses of the biological parents;
(3) the names and addresses of the adoptive parents; and
(4) the identity of any agency having files or information
relating to such adoptive placement.
Where the court records contain an affidavit of the biological parent or
parents that their identity remain confidential, the court shall include
such affidavit with the other information. The Secretary shall insure
that the confidentiality of such information is maintained and such
information shall not be subject to the Freedom of Information Act (5
U.S.C. 552), as amended.
(b) Upon the request of the adopted Indian child over the age of
eighteen, the adoptive or foster parents of an Indian child, or an
Indian tribe, the Secretary shall disclose such information as may be
necessary for the enrollment of an Indian child in the tribe in which
the child may be eligible for enrollment or for determining any rights
or benefits associated with that membership. Where the documents
relating to such child contain an affidavit from the biological parent
or parents requesting anonymity, the Secretary shall certify to the
Indian child's tribe, where the information warrants, that the child's
parentage and other circumstances of birth entitle the child to
enrollment under the criteria established by such tribe.
Sec. 302. // 25 USC 1952. // Within one hundred and eighty days
after the enactment of this Act, the Secretary shall promulgate such
rules and regulations as may be necessary to carry out the provisions of
this Act.
Sec. 401. (a) It is the sense of Congress that the absence of
locally convenient day schools may contribute to the breakup of Indian
families.
(b) The Secretary is authorized anddirected to prepare, in
consultation with appropriate agencies in the Department of Health,
Education, and Welfare, a report on the feasibility of providing Indian
children with schools located near their homes, and to submit such
report to the Select Committee on Indian Affairs of the United States
Senate and the Committee on Interior and Insular Affairs of the United
States House of Representatives within two years from the date of this
Act. In developing this report the Secretary shall give particular
consideration to the provision of educational facilities for children in
the elementary grades.
Sec. 402. Within sixty days after enactment of this Act, the
Secretary shall send to the Governor, chief justice of the highest court
of appeal, and the attorney general of each State a copy of this Act,
together with committee reports and an explanation of the provisions of
this Act.
Sec. 403. If any provision of this Act or the applicability thereof
is held invalid, the remaining provisions of this Act shall not be
affected thereby.
Approved November 8, 1978.
LEGISLATIVE HISTORY
HOUSE REPORT No. 95 - 1386, accompanying H.R. 12533 (Comm. on
Interior and Insular Affairs).
SENATE REPORT No. 95 - 597 (Comm. on Indian Affairs).
CONGRESSIONAL RECORD:
Vol. 123(1978): Nov. 4, considered and passed Senate.
Vol. 124(1978): Oct. 14, H.R. 12533 considered and passed
House; passage vacated, and S. 1214, amended, passed in lieu.
Oct. 15, Senate concurred in House amendents.
PUBLIC LAW 95-607, 92 STAT. 3059, LOCAL RAIL SERVICE ASSISTANCE ACT
of 1978
Act, relating to rail
service assistance, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of American in Congress assembled,
Sec. 101. This title // 49 USC 1651 // may be cited as the " Local
Rail Service Assistance Act of 1978".
Sec. 102. Section 5(f) of the Department of Transportation Act (49
U.S.C. 1654(f)) is amended--,
(1) in paragraph (2), by striking out "purchasing a line of
railroad or other rail properties" and inserting in lieu thereof
"acquiring, by purchase, lease, or in such other manner as the
State considers appropriate, a line of railroad or other rail
properties, or any interest therein,";
(2) in paragraph (3), by striking out "and" immediately after
the semicolon;
(3) in paragraph (4), by striking out the period and inserting
in lieu thereof ";and"; and
(4) by adding at the end thereof the following new paragraph:
"(5) the cost of constructing rail or rail related facilities
(including new connections between two or more existing lines of
railroad, intermodal freight terminals, sidings, and relocation of
existing lines) for the purpose of improving the quality and
efficiency of rail freight service.".
Sec. 103. Section 5(g) of the Department of Transportation Act (49
U.S.C. 1654(g)) is amended to read as follows:
"(g) The Federal share of the costs of any rail service assistance
program shall be 80 per centum, except that the Federal share of costs
for financial assistance under paragraph (1) of subsection (f) of this
section for any project described in subsection (k)(1) of this section
shall be 80 per centum for the first and second years such project is
conducted and 70 per centum for the third year such project is
conducted. The State share of the costs may be provided in cash or
through any of the following benefits, to the extent that such benefits
would not otherwise be provided: (1) forgiveness of taxes imposed on a
common carrier by railroad or on its properties; (2) the provision by
the State or by any person or entity on behalf of such State, for use in
its rail service assistance program, of real property or tangible
personal property of the kind necessary for the safe and efficient
operation of rail freight service; (3) trackage rights secured by the
State for a common carrier by railroad; or (4) the cash equivalent of
State salaries for State public employees working in the State rail
service assistance program, but not including overhead and general
administrative costs. If a State, or any person or entity on behalf of
a State, provides more than such State's percentage share of the cost of
its rail service assistance program during any fiscal year, the amount
in excess of such share shall be applied toward such State's share of
the costs of its program for subsequent fiscal years.".
Sec. 104. Section 5(h) of the Department of Transportation Act (49
U.S.C. 1654(h)) is amended to read as follows:
"(h)(1) For the period beginning October 1, 1978, and ending
September 30, 1979, each State which is elgible to receive rail service
assistance under this section is entitled to an amount equal to the
total amount authorized and appropriated for such purposes, multiplied
by a fraction the numerator of which is the rail mileage in such State
which was eligible for rail service assistance under this section prior
to October 1, 1978, and the denominator of which is the rail mileage in
all of the States which was elgible for rail service assistance under
this section prior to such date. Notwithstanding the provisions of the
preceding sentence, the entitlement of each State shall not be less than
1 percent of the funds appropriated.
"(2) Effective October 1, 1979, each State which is eligible to
receive rail service assistance under this section is entitled annually
to a sum from available funds as determined pursuant to this subsection.
Available funds are funds appropriated for rail service assistance for
that fiscal year and any funds to be reallocated for that fiscal year in
accordance with this subsection. Subject to the limitations set forth
in paragraph (3) of this subsection, the Secretary shall calculate each
State's entitlement as follows:
"(A) two-thirds of the available funds, multiplied by a
fraction (i) the numerator of which is the sum of the rail mileage
in the State which, in accordance with section 1a(5)(a) of the
Interstate Commerce Act (49 U.S.C. 1a(5)(a)), is either
'potentially subject to abandonment' or with respect to which a
carrier plans to submit, but has not yet submitted, an application
for a certificate of abandonment or discontinuance, and (ii) the
denominator of which is the total of such rail mileage in all the
States; and
"(B) one-third of available funds, multiplied by a fraction (i)
the numerator of which is the rail mileage in the State with
respect to which the Interstate Commerce Commission, within 3
years prior to the first day of the fiscal year for which funds
are allocated or reallocated under this section, has found that
the public convenience and necessity permit the abandonment of, or
the discontinuance of rail service on, such rail mileage (including,
until September 30, 1981, the rail mileage which was eligible for
assistance under section 402 of the Regional Rail Reorganization
Act of 1973 (45 U.S.C. 762), and all rail mileage in the State
which has, prior to October 1, 1978, been included for formula
allocation purposes under this section); and (ii) the denominator
of which is the total rail mileage in all the States eligible for
rail service assistance under this section which the Interstate
Commerce Commission has made such a finding (including, until
September 30, 1981, the rail mileage in all the States which was
eligible for financial assistance under section 402 of the
Regional Rail Reorganization Act of 1973 (45 U.S.C. 762), and the
rail mileage in all the States which has, prior to October 1,
1978, been included for formula allocation purposes under this
section).
Notwithstanding the preceding provisions of this paragraph, the
entitlement of each State in a fiscal year shall not be less than 1
percent of the funds appropriated for such fiscal year.
"(3)(A) For purposes of paragraphs (1) and (2) of this subsection,
rail mileage shall be measured by the Secretary as of the first day of
each fiscal year. In making calculations under this subsection, no rail
mileage shall be included more than once in either the numerator or the
denominator of a fraction.
"(B) Entitlement funds are available to a State during the fiscal
year for which the funds are appropriated. In accordance with the
formula stated in this subsection, the Secretary shall reallocate, to
each State which is eligible to receive rail service assistance under
this section, a share of any entitlement funds which have not been the
subject of an executed grant agreement between the Secretary and the
State before the end of the fiscal year for which the funds were
appropriated. Reallocated funds are available to the State for the same
purpose and for the same time period as an original allocation and are
subject to reallocation if not made the subject of an executed grant
agreement between the Secretary and the State before the end of the
fiscal year for which the funds were reallocated. Funds appropriated in
fiscal year 1978 and prior years which are not the subject of an
executed grant agreement as of October 1, 1978, shall remain available
to the States during fiscal year 1979.
"(4) Two or more States which are eligible to receive rail service
assistance under this section may, where not in violation of State law,
enter into an agreement to combine any portion of their respective
Federal entitlements under this subsection for purposes of conducting
any project which is eligible for assistance under subsection (k) of
this section and which will benefit each State which is a party to such
agreement.".
Sec. 105. Section 5(i) of the Department of Transportation Act (49
U.S.C. 1654(i)) is amended to read as follows:
"(i) During each fiscal year, a State may expend not to exceed
$100,000, or 5 percent, whichever is greater, of its annual entitlement
under subsection (h) of this section to meet the cost of establishing,
implementing, revising, and updating the State rail plan required by
subsection (j) of this section.".
Sec. 106. (a) Paragraph (2) of section 5(j) of the Department of
Transportation Act (49 U.S.C. 1654(j)(1)) is amended--,
(1) by inserting "(A)" immediately after "(2)"; and
(2) by adding immediately before the semicolon at the end
thereof the following: ";and (B) such State plan includes, as
soon as practicable after the date of enactment of the Local Rail
Service Assistance Act of 1978, a methodology for determining the
ratio of benefits to costs of projects which are proposed to be
initiated after such date of enactment and which are eligible for
assistance under paragraphs (2) through (4) of subsection (k) of
this section".
(b) During the period prior to the inclusion in a State rail plan of
the methodology referred to in the amendment made by subsection (a) of
this section, the Secretary of Transportation shall continue to fund
projects on a case-by-case basis where he has determined, based upon
analysis performed and documented by the State, that the public benefits
associated with the project outweigh the public costs of such project.
Sec. 107. Section 5(k) of the Department of Transportation Act (49
U.S.C. 1654(k)) is amended to read as follows:
"(k)(1) A project is eligible for financial assistance under
paragraph (1) of subsection (f) of this section only if--,
"(A)(i) the Interstate Commerce Commission has found, since
February 5, 1976, that the public convenience and necessity permit
the abandonment of, or the discontinuance of rail service on, the
line of railroad which is related to the project; or (ii) the
line of railroad or related project was eligible for assistance
under section 402 of the Regional Rail Reorganization Act of 1973
(45 U.S.C. 762); and
"(B) the line of railroad or related project has not previously
received financial assistance under paragraph (1) of subsection
(f) of this section for more than 36 months, except that a line of
railroad or related project which was eligible for financial
assistance under section 402 of the Regional Rail Reorganization
Act of 1973 (45 U.S.C. 762) or under this section prior to October
1, 1978, shall be eligible only until September 30, 1981.
"(2) A project is eligible for financial assistance under paragraph
(2) of subsection (f) of this section only if--,
"(A) the Interstate Commerce Commission has found, since
February 5, 1976, that the public convenience and necessity permit
the abandonment of, or the discontinuance of rail service on, the
line of railroad related to the project;
"(B) the line of railroad related to the project is listed for
possible inclusion in a rail bank in part III, section C of the
Final System Plan issued by the United States Railway Association
under section 207 of the Regional Rail Reorganization Act of 1973
(45 U.S.C. 717); or
"(C) the line of railroad related to the project was eligible
to be acquired under section 402(c)(3) of the Regional Rail
Reorganization Act of 1973 (45 U.S.C. 762(c)(3)), except that a
line of railroad or related project which was eligible for
financial assistance under such section 402 or under this section
prior to October 1, 1978, shall be eligible only until September
30, 1981.
"(3) A project is eligible for financial assistance under paragraphs
(3) and (5) of subsection (f) of this section only if--,
"(A) the line of railroad related to the project is certified
by the railroad as having carried 3 million gross ton miles of
freight or less per mile during the prior year;
"(B) the line of railroad related to the project is certified
by the railroad as having carried less than 5 million gross ton
miles of freight per mile during the prior year and the Secretary
has determined that the project is essential to carry out
proposals made under authority of subsections (a) through (e) of
this section;
"(C) an application for a certificate of abandonment or
discontinuance with respect to the line of railroad related to the
project has been filed with the Interstate Commerce Commission
prior to January 1, 1979 (whether or not such application has been
granted);
"(D) the line of railroad related to the project is listed for
possible inclusion in a rail bank in part III, section C of the
Final System Plan issued by the United States Railway Association
under section 207 of the Regional Rail Reorganization Act of 1973
(45 U.S.C. 717); or
"(E) the line of railroad related to the project was eligible
to be acquired under section 402(c)(3) of the Regional Rail
Reorganization Act of 1973 (45 U.S.C. 762(c)(3)).
Any project involving a line of railroad described in subparagraph (C),
(D), or (E) of this paragraph shall only be eligible for financial
assistance until September 30, 1981.
"(4) A project is eligible for financial assistance under paragraph
(4) of subsection (f) of this section only if--,
"(A) the Interstate Commerce Commission has found, since
February 5, 1976, that the public convenience and necessity permit
the abandonment of, or the discontinuance of rail service on, the
line of railroad which is related to the project; or
"(B) the line of railroad or related project was eligible for
financial assistance under section 402 of the Regional Rail
Reorganization Act of 1973 (45 U.S.C. 762), except that a line of
railroad or related project which was eligible for assistance
under such section 402 or under this section prior to October 1,
1978, shall be eligible only until September 30, 1981.
"(5) On or before August 1 of each year, each common carrier by
railroad subject to part I of the Interstate Commerce Act // 49 USC 1 //
shall prepare, update, and submit to the Secretary a listing of those
rail lines of such carrier which, based on level of usage, carried 3
million gross ton miles of freight or less per mile during the prior
year.".
Sec. 108. Section 5 of the Department of Transportation Act (49 U.
S.C. 1654) is amended by redesignating subsection (o) as subsection (p),
and by inserting immediately after subsection (n) the following new
subsection:
"(o) A State shall use financial assistance provided under paragraph
(3) of subsection (f) of this section in accordance with the following
provisions:
"(1) The financial assistance shall be used to rehabilitate or
improve rail properties in order to improve rail freight service
within the State.
"(2) The State shall, in its discretion, grant or loan funds to
the owner of rail properties or operator of rail service related
to the project.
"(3) The State shall determine all financial terms and
conditions of a grant or loan, except that the timing of all
advances with respect to grants in and under this subsection shall
be in accordance with Department of Treasury regulations.
"(4) The State shall place the Federal share of repaid funds in
an interest-bearing account or, with the approval of the
Secretary, permit any borrower to place such funds, for the
benefit and use of the State, in a bank which has been designated
by the Secretary of the Treasury in accordance with section 10 of
the Act of June 11, 1942 (12 U.S.C. 265). The State shall use
such funds and all accumulated interest to make further loans or
grants under paragraph (3) of subsection (f) of this section in
the same manner and under the same conditions as if they were
originally granted to the State by the Secretary. The State may,
at any time, pay to the Secretary the Federal share of any unused
funds and accumulated interest. After the termination of a
State's participation in the rail service assistance program
established by this section, such State shall pay the Federal
share of any unused funds and accumulated interest to the
Secretary.".
Sec. 109. (a) Section 5 of the Department of Transportation Act (49
U.S.C. 1654) is amended--,
(1) in subsection (g), subsection (m)(1), and the first
sentence of subsection (p) (as redesignated by section 108 of this
title), by striking out "(o)" each place it appears and inserting
in lieu thereof "(p)"; and
(2) by amending the third sentence of subsection (p) (as so
redesignated) to read as follows: " In addition, any appropriated
sums remaining after the repeal of section 402 of the Regional
Rail Reorganization Act of 1973
// 45 USC 762. //
and of section 810 of the Railroad Revitalization and Regulatory
Reform Act of 1976
// 49 USC 1653a. //
are authorized to remain available to the Secretary for purposes
of subsections (f) through (p) of this section.".
(b)(1) Section 810 of the Railroad Revitalization and Regulatory
Reform Act of 1976 (49 U.S.C. 1653a) is repealed.
(2) The table of contents for title VIII of the Railroad
Revitalization and Regulatory Reform Act of 1976 is amended by striking
out
" Sec. 810. Rail bank.".
Sec. 110. The provisions of this title // 49 USC 1654 // shall take
effect on October 1, 1978.
Sec. 201. Section 304(e) of the Regional Rail Reorganization Act of
1973 (45 U.S.C. 744(e)) is amended--,
(1) by striking out the comma at the end of paragraph (4)(B)
and inserting in lieu thereof"; or"; and
(2) by adding immediately after paragraph (4)(B) the following
new subparagraph:
// 45 USC 715. //
and regulations
issued by the Office pursuant to section 205(d)(5) of
this Act,
// 45 USC 743. //
for the operation of rail passenger service provided
under an
agreement or lease pursuant to section 303(b)(2) of
this title
or subsection (c)(2)(B) of this section where such
offer is
made for the continuation of the service beyond the period
required by such agreement or lease, except that such
services
shall not be eligible for assistance under
section 17(a)(2)
of the Urban Mass Transportation Act of 1964 (49
U.S.C.
1613(a)(2)),"; and
(3) by adding at the end thereof the following new paragraphs:
"(7)(A) If a State (or a local or regional transportation authority)
in the region offers to provide payment for the provision of additional
rail passenger service, the Corporation shall undertake to provide such
service pursuant to this subsection (including the discontinuance
provisions of paragh (2) of this subsection). An offer to provide
payment for the provision of additional rail passenger service shall be
made in accordance with subsection (c)(2)(A) of this section and under
regulations issued by the Office pursuant to section 205(d)(5) of this
Act, and shall be designed to avoid any additional costs to the
Corporation arising from the construction or modification of capital
facilities or from any additional operating delays or costs arising from
the absence of such construction or modification. The State (or local
or regional transportation authority) shall demonstrate that it has
acquired, leased, or otherwise obtained access to all rail properties,
other than those designated for conveyance to the National Railroad
Passenger Corporation pursuant to sections 206(c)(1)(C) and 206(c)
(1)(D) of this Act // 42 USC 716. // and to the Corporation pursuant to
section 303(b) (1) of this title, necessary to provide the additional
rail passenger service and that it has completed, or will complete prior
to the inception of the additional rail service, all capital
improvements necessary to avoid significant costs which cannot be
avoided by improved scheduling or other means on other existing rail
services (including rail freight service) and to assure that the
additional service will not detract from the level and quality of
existing rail passenger and freight service.
"(B) As used in this paragraph, the term 'additional rail passenger
service' means rail passenger service (other than rail passenger service
provided pursuant to the provisions of paragraphs (2) and (4) of this
subsection), including extended or expanded service and modified
routings, which is to be provided over rail properties conveyed to the
Corporation pursuant to section 303(b)(1) of this title, or over (i)
rail properties contiguous thereto conveyed to the National Railroad
Passenger Corporation pursuant to this Act, or (ii) any other rail
properties contiguous thereto to which a State (or local or regional
transportation authority) has obtained access.
"(C) Notwithstanding any other provision of this paragraph, the
Corporation shall not be required to operate additional rail passenger
service over rail properties leased or acquired from or owned or leased
by a profitable railroad in the region.
"(8) The Secretary shall, in consultation with the Association,
conduct a study to determine the best means of compensating the
Corporation for liabilities which it may incur for damages to persons or
property, resulting from the operation of rail passenger service
required to be operated pursuant to this subsection or section 303 (b)(
2) of this title, // USC 743. // which are not underwritten by private
insurance carriers or are not indemnified by a State (or local or
regional transportation authority). Such study shall identify the
nature of the risks to the Corporation, the probable degree of
uninsurability of such risks, and the desirability and feasibility of
various indemnification programs, including subsidy offers made pursuant
to this section, self-insurance through a passenger tax or other
mechanism, or government indemnification for such liabilities. Within
one year after the date of enactment of this paragraph, the Secretary
shall prepare a report with appropriate recommendations and shall submit
such report to the Congress. Such report shall specify the most
appropriate means of indemnifying the Corporation for such liabilities
in a manner which shall prevent the cross-subsidization of passenger
services with revenues from freight services operated by the
Corporation.".
TRUSTEE CERTIFICATES;
EXTENSION OF AUTHORITY TO ISSUE AND SELL FUND
ANTICIPATION
NOTES
Sec. 301. (a) Section 505 of the Railroad Revitalization and
Regulatory Reform Act of 1976 (45 U.S.C. 825) is amended--,
(1) in subsection (d)(3), by striking out the last sentence;
and
(2) in subsection (e), by striking out "purchase under this
title after September 30, 1978," and inserting in lieu thereof ",
after September 30, 1979, make commitments to purchase under this
title,".
(b) Sections 507(a) and 507(d) of the Railroad Revitalization and
Regulatory Reform Act of 1976 // 45 USC 827. // (7 U.S.C. 827(a) and
(d)) are amended by striking out "1978" and inserting in lieu thereof
"1979".
(c) Section 509 of the Railroad Revitalization and Regulatory Reform
Act of 1976 (45 U.S.C. 829) is amended by striking out " March 31" each
place it appears and inserting in lieu thereof " September 30".
Sec. 302. Section 505(d)(2) of the Railroad Revitalization and
Regulatory Reform Act of 1976 (45 U.S.C. 852(d)(2)) is amended--,
(1) in the last sentence of subparagraph (B), by striking out "
No certificate" and inserting in lieu thereof " Except as provided
in subparagraph (C) of this paragraph, no certificate"; and
(2) by adding at the end thereof the following new
subparagraph:
"(C) The Secretary may purchase certificates under this section
without making the finding referred to in clause (iii) of subparagraph
(B) only if such certificates are senior in rights to all outstanding
capital stock, common and preferred, of the debtor corporation, and all
unsecured debt incurred before the date of commencement of railroad
reorganization proceedings pursuant to section 77 of the Bankruptcy Act,
// 11 USC 205. // but subordinate to all senior debt of the debtor
corporation whenever such senior debt is incurred. As used in this
subparagraph, the term 'senior debt' means--,
"(i) all costs of administration, incurred or to be incurred by
a trustee, and secured debt assumed by a trustee, in connection
with the reorganization proceedings and the operation of a
debtor's business by a trustee during the pendency of such
proceedings; and
"(ii) all secured debt incurred before the date of commencement
of railroad reorganization proceedings pursuant to section 77 of
the Bankruptcy Act and determined by the court to be a proper
claim against the estate and an obligation of the debtor
corporation.".
Sec. 303. // 45 USC 825 // The Federal Railroad Administration shall
promptly review the condition of the Chicago, Milwaukee, and Saint Paul
Railroad and consider assisting such railroad with loans for roadbed and
track improvement.
Sec. 401. (a) Section 15(8)(c) of the Interstate Commerce Act (49
U.S.C. 15(8)(c)) is amended--,
(1) in clause (i), by striking out "within 2 years after the
date of the enactment of this subdivision" and inserting in lieu
thereof "prior to July 1, 1980";
(2) in clause (ii), by inserting "and" after the semicolon;
and
(3) by striking out clauses (iii) and (iv) and inserting in
lieu thereof a new clause (iii) to read as follows:
"(iii) the aggregate of increases or decreases in any rate
filed pursuant to clause (i) or (ii) of this subdivision during
any calendar year is not greater than 7 percentum of the rate in
effect on January 1 of that year.".
(b) The last sentence of section 15(8)(d) of the Interstate Commerce
Act (49 U.S.C. 25(8)(d)) // 49 USC 15. // is amended by striking out
"clauses (iii) or (iv)" and inserting in lieu thereof "clause (iii)".
Sec. 402. Section 1(14) of the Interstate Commerce Act (49 U.S.C.
1(14)) is amended by redesignating subdivision (b) as subdivision (c),
and by inserting immediately after subdivision (a) the following new
subdivision:
"(b) If the Commission finds, upon the petition of an interested
party and after notice and a hearing on the record, that a common
carrier by railroad subject to this part has materially failed to
furnish safe and adequate car service as required by paragraph (11) of
this section, the Commission may require such carrier to provide itself
with such facilities and equipment as may be reasonably necessary to
furnish such service, if the evidence of record establishes, and the
Commission affirmatively finds, that--,
"(i) the provision of such facilities or equipment will not
materially and adversely affect the ability of such carrier to
otherwise provide safe and adequate transportation services;
"(ii) the expenditure required for such facilities or
equipment, including a return which equals such carrier's current
cost of capital, will be recovered; and
"(iii) the provision of such facilities or equipment will not
impair the ability of such carrier to attract adequate capital.".
Approved November 8, 1978.
LEGISLATIVE HISTORY
HOUSE REPORT No. 95-1482 accompanying H.R. 11979 (Comm. on Interstate
and Foreign Commerce).
SENATE REPORT No. 95-1159 (Comm. on Commerce, Science, and
Transportation).
CONGRESSIONAL RECORD, Vol. 124 (1978):
Sept. 23, considered and passed Senate.
Oct. 11, 13, H.R. 11979 considered and passed House; passage
vacated, and S. 2981, amended, passed in lieu.
Oct. 15, Senate concurred in House amendments.
PUBLIC LAW 95-606, 92 STAT. 3045, AMATEUR SPORTS ACT OF 1978
the United States, to
recognize certain rights for United States amateur
athletes, to provide for the
resolution of disputes involving national governing
bodies, 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 // 36 USC
371 // may be cited as the " Amateur Sports Act of 1978".
SECTION 1. (a) The Act // 36 USC 371. // entitled " An Act to
incorporate the United States Olympic Association", approved September
21, 1950 (36 U.S.C. 371 et seq.), hereinafter in this Act referred to as
"the Act", is amended in the first section--,
(1) by striking out " That the following persons, to wit:" and
inserting in lieu thereof the following:
" Sec. 101. The following persons, to wit:";
(2) in the first sentence by striking out "corporation" before
the period and inserting in lieu thereof " Corporation"; and
(3) by amending the last sentence thereof to read as follows:
" The Corporation shall maintain its principal offices and
national headquarters in such place in the United States as is
determined by the Corporation, and may hold its annual and special
meetings in such places as the Corporation shall determine.".
(b) The Act is further amended by striking out sections 2 through 12
// 36 USC 372 - 382. // and inserting in lieu thereof the following:
" Sec. 102. A majority of the persons named in section 101 of this
Act, // 36 USC 372. // or their successors, are hereby authorized to
meet to complete the organization of the Corporation by the adoption of
a constitution and bylaws, the election of officers, and by doing all
things necessary to carry into effect the provisions of this Act.
" Sec. 103. As used in this Act, // 36 USC 373. // the term--,
"(1) 'amateur athlete' means any athlete who meets the
eligibility standards established by the national governing body
for the sport in which the athlete competes;
"(2) 'amateur athletic competition' means a contest, game,
meet, match, tournament, regatta, or other event in which amateur
athletes compete;
"(3) 'amateur sports organization' means a not-for-profit
corporation, club, federation, union, association, or other group
organized in the United States which sponsors or arranges any
amateur athletic competion;
"(4) ' Corporation' means the United States Olympic Committee;
"(5) 'international amateur athletic competition' means any
amateur athletic competition between any athlete or athletes
representing the United States, either individually or as part of
a team, and any athletic or athletes representing any foreign
country;
"(6) 'national governing body' means an amateur sports
organization which is recognized by the Corporation in accordance
with section 201 of this Act; and
"(7) 'sanction' means a certificate of approval issued by a
national governing body.
" Sec. 104. // 36 USC 374. //
The objects and purposes of the Corporation shall be to--,
"(1) establish national goals for amateur athletic activities
and encourage the attainment of those goals; "(2) coordinate and
develop amateur athletic activity in the United States directly
relating to international amateur athletic competition, so as to
foster productive working relationships among sports-related
organizations;
"(3) exercise exclusive jurisdiction, either directly or
through its constituent members or committees, over all matters
pertaining to the participation of the United States in the
Olympic Games and in the Pan-American Games, including the
representation of the United States in such games, and over the
organization of the Olympic Games and the Pan-American Games when
held in the United States;
"(4) obtain for the United States, either directly or by
delegation to the appropriate national governing body, the most
competent amateur representation possible in each competition and
event of the Olympic Games and of the Pan-American Games;
"(5) promote and support amateur athletic activities involving
the United States and foreign nations;
"(6) promote and encourage physical fitness and public
participation in amateur athletic activities;
"(7) assist organizations and persons concerned with sports in
the development of amateur athletic programs for amateur athletes;
"(8) provide for the swift resolution of conflicts and disputes
involving amateur athletes, national governing bodies, and amateur
sports organizations, and protect the opportunity of any amateur
athlete, coach, trainer, manager, administrator, or official to
participate in amateur athletic competition;
"(9) foster the development of amateur athletic facilities for
use by amateur athletes and assist in making exisiting amateur
athletic facilities available for use by amateur athletes;
"(10) provide and coordinate technical information on physical
training, equipment design, coaching, and performance analysis;
"(11) encourage and support research, development, and
dissemination of information in the areas of sports medicine and
sports safety;
"(12) encourage and provide assistance to amateur athletic
activities for women;
"(13) encourage and provide assistance to amateur athletic
programs and competition for handicapped individuals, including,
where feasible, the expansion of opportunities for meaningful
participation by handicapped individuals in programs of athletic
competition for able-bodied individuals; and
"(14) encourage and provide assistance to amateur athletes of
racial and ethnic minorities for the purpose of eliciting the
participation of such minorities in amateur athletic activities in
which they are underrepresented.
" Sec. 105. // 36 USC 375. // (a) The Corporation shall have
perpetual succession and power to--,
"(1) serve as the coordinating body for amateur athletic
activity in the United States directly relating to international
amateur athletic competition;
"(2) represent the United States as its national Olympic
committee in relations with the International Olympic Committee
and the Pan-American Sports Organization;
"(3) organize, finance, and control the representation of the
United States in the competitions and events of the Olympic Games
and of the Pan-American Games, and obtain, either directly or by
delegation to the appropriate national governing body, amateur
representation for such games;
"(4) recognize eligible amateur sports organizations as
national governing bodies for any sport which is included on the
program of the Olympic Games or the Pan-American Games;
"(5) facilitate, through orderly and effective administrative
procedures, the resolution of conflicts or disputes which involve
any of its members and any amateur athlete, coach, trainer,
manager, administrator, official, national governing body, or
amateur sports organization and which arise in connection with
their eligibility for and participation in the Olympic Games, the
Pan-American world championship competition, or other protected
competition as defined in the constitution and bylaws of the
Corporation;
"(6) sue and be sued;
"(7) make contracts;
"(8) acquire, hold, and dispose of real and personal property
as may be necessary for its corporate purposes;
"(9) accept gifts, legacies, and devices in furtherance of its
corporate purposes;
"(10) borrow money to carry out its corporate purposes, issue
notes, bonds, or other evidences of indebtedness therefor, and
secure the same by mortgage, subject in each case to the laws of
the United States or of any State;
"(11) provide financial assistance to any organization or
association, other than a corporation organized for profit, in
furtherance of the purposes of the Corporation;
"(12) approve and revoke membership in the Corporation;
"(13) adopt and alter a corporate seal;
"(14) establish and maintain offices for the conduct of the
affairs of the Corporation;
"(15) publish a newspaper, magazine, or other publication
consistent with its corporate purposes; and
"(16) do any and all acts and things necessary and proper to
carry out the purposes of the Corporation.
"(b) The Corporation shall adopt and may amend a constitution and
bylaws not inconsistent with the laws of the United States or of any
State, except that the Corporation may amend its constitution only if
it--,
"(1) publishes in its principal publication a general notice of
the proposed alteration of the constitution, including the
substantive terms of the alteration, the time and place of the
Corporation's regular meeting at which the alteration is to be
decided, and a provision informing interested persons that they
may submit materials as authorized in paragraph (2); and
"(2) gives to all interested persons, prior to the adoption of
any amendment, an opportunity to submit written data, views, or
arguments concerning the proposed amendment for a period of at
least 60 days after the date of publication of the notice.
" Sec. 106. // 36 USC 376. // (a) Eligibility for membership in the
Corporation shall be determined in accordance with the constitution and
bylaws of the Corporation.
"(b) In its constitution and bylaws, the Corporation shall establish
and maintain provisions with respect to its governance and the conduct
of its affairs for reasonable representation of--,
"(1) amateur sports organizations recognized as national
governing bodies in accordance with section 201 of this Act;
"(2) amateur athletes who are actively engaged in amateur
athletic competition or who have represented the United States in
international amateur athletic competition within the preceding 10
years;
"(3) amateur sports organizations which conduct a national
program or regular national amateur athletic competition in two or
more sports which are included on the program of the Olympic Games
or the Pan-American Games on a level of proficiency appropriate
for the selection of amateur athletes to represent the United
States in international amateur athletic competition; and
"(4) individuals not affiliated or associated with any amateur
sports organization who in the Corporation's judgment represent
the interests of the American public in the activities of the
Corporation.
" Sec. 107. // 36 USC 377 // The Corporation shall be nonpolitical
and, as an organization, shall not promote the candidacy of any person
seeking public office.
" Sec. 108. // 36 USC 378 // The Corporation shall have no power to
issue capital stock or to engage in business for pecuniary profit or
gain.
" Sec. 109. // 36 USC 379. // The Corporation may acquire any or all
of the assets of the existing unincorporated association, known as ' The
United States Olympic Association', upon discharging or satisfactorily
providing for the payment and discharge of all the liabilities of such
unincorporated association.
" Sec. 110. // 36 USC 380. // (a) Without the consent of the
Corporation, any person who uses for the purpose of trade, to induce the
sale of any goods or services, or to promote any theatrical exhibition,
athletic performance, or competition--,
"(1) the symbol of the International Olympic Committee,
consisting of 5 interlocking rings;
"(2) the emblem of the Corporation, consisting of an escutcheon
having a blue chief and vertically extending red and white bars on
the base with 5 interlocking rings displayed on the chief;
"(3) any trademark, trade name, sign, symbol, or insignia
falsely representing association with, or authorization by, the
International Olympic Committee or the Corporation; or
"(4) the words ' Olympic', ' Olympiad', ' Citius Altius
Fortius', or any combination or simulation thereof tending to
cause confusion, to cause mistake, to deceive, or to falsely
suggest a connection with the Corporation or any Olympic activity;
shall be subject to suit in a civil action by the Corporation for the
remedies provided in the Act of July 5, 1946 (60 Stat. 427; popularly
known as the Trademark Act of 1946). // 15 USC 1051 // However, any
person who actually used the emblem in subsection (a)(2), or the words,
or any combination thereof, in subsection (a)(4) for any lawful purpose
prior to September 21, 1950, shall not be prohibited by this section
from continuing such lawful use for the same purpose and for the same
goods or services. In addition, any person who actually used, or whose
assignor actually used, any other trademark, trade name, sign, symbol,
or insignia described in subsections (a)(3) and (4) for any lawful
purpose prior to enactment of this Act shall not be prohibited by this
section from continuing such lawful use for the same purpose and for the
same goods or services.
"(b) The Corporation may authorize contributors and suppliers of
goods or services to use the trade name of the Corporation as well as
any trademark, symbol, insignia, or emblem of the International Olympic
Committee or of the Corporation in advertising that the contributions,
goods, or services were donated, supplied, or furnished to or for the
use of, approved, selected, or used by the Corporation or United States
Olympic or Pan-American team or team members.
"(c) The Corporation shall have exclusive right to use the name '
United States Olympic Committee'; the symbol described in subsection
(a)(1); the emblem described in subsection (a)(2); and the words '
Olympic', ' Olympiad', ' Citius Altius Fortius' or any combination
thereof subject to the preexisting rights described in subsection (a).
" Sec. 111. // 36 USC 381. // As a condition precedent to the
exercise of any power or privilege granted or conferred under this Act,
the Corporation shall file in the office of the secretary of state, or
similar office, in each State the name and post-office address of an
authorized agent of the Corporation in such State upon whom local
process or demands against the Corporation may be served.
" Sec. 112. The right to alter, amend, or repeal this Act // 36 USC
382. // at any time is hereby expressly reserved.
" Sec. 113. // 36 USC 382a. // (a) The Corporation shall, on or
before the first day of June in each year, transmit simultaneously to
the President and to each House of Congress a detailed report of its
operations for the preceding calendar year, including a full and
complete statement of its receipts and expenditures and a comprehensive
description of the activities and accomplishments of the Corporation
during the preceding year. Copies of the report shall be made available
by the Corporation to interested persons at a reasonable cost.
"(b) The Corporation shall, on or before the first day of June in
each year, transmit simultaneously to the Speaker of the House of
Representatives and to the President of the Senate a detailed report of
those grants authorized to the Corporation pursuant to the provisions of
section 211 of the Act and a full and complete statement of the
expenditures of such funds made available. The report shall be referred
to the Committee on Appropriations of each House and shall include a
detailed and comprehensive description of those programs which the
Corporation anticipate it will finance during the next fiscal year out
of such funds made available pursuant to the provisions of section 211
of the Act. The Corporation shall continue to transmit the report
required under this subsection (b) until the total sums made available
under section 211 of the Act have been expended.
" Sec. 114. // 36 USC 382b. // In its constitution and bylaws, the
Corporation shall establish and maintain provisions for the swift and
equitable resolution of disputes involving any of its members and
relating to the opportunity of an amateur athlete, coach, trainer,
manager, administrator, or official to participate in the Olympic Games,
the Pan- American Games, world championship competition, or other such
protected competition as defined in such constitution and bylaws.".
Sec. 2. The Act, as amended by section 1 of this Act, is further
amended by adding at the end thereof the following new title:
" Sec. 201. // 36 USC 391. // (a) For any sport which is included on
the program of the Olympic Games or the Pan-American Games, the
Corporation is authorized to recognize as a national governing body an
amateur sports organization which files an application and is eligible
for such recognition, in accordance with the provisions of subsection
(b) of this section. The Corporation shall recognize only one national
governing body for each sport for which an application is made and
approved. Prior to the recognition of a national governing body under
the authority granted under this title and in accordance with the
procedures and requirements of this section, the Corporation shall hold
a hearing open to the public on the application for such recognition.
The Corporation shall publish notice of the time, place, and nature of
the hearing. Publication shall be made in a regular issue of the
Corporation's principal publication at least 30 days, but not more than
60 days, prior to the date of the hearing.
"(b) No amateur sports organization is elgible to be recognized or is
eligible to continue to be recognized as a national governing body
unless it--,
"(1) is incorporated under the laws of any of the several
States of the United States or the District of Columbia as a
not-for-profit corporation having as its purpose the advancement
of amateur athletic competition, and has the managerial and
financial capability to plan and execute its obligations;
"(2) submits an application for recognition, in such form as
the Corporation shall require, as a national governing body and,
upon application, submits a copy of its corporate charter and
bylaws and any additional information as is considered necessary
or appropriate by the Corporation;
"(3) agrees to submit, upon demand of the Corporation, to
binding arbitration conducted in accordance with the commercial
rules of the American Arbitration Association in any controversy
involving its recognition as a national governing body, as
provided for in section 205 of this title, or involving the
opportunity of any amateur athlete, coach, trainer, manager,
administrator or official to participate in amateur athletic
competition, as provided for in the Corporation's constitution and
bylaws;
"(4) demonstrates that it is autonomous in the governance of
its sport, in that it independently determines and controls all
matters central to such governance, does not delegate such
determination and control, and is free from outside restraint, and
demonstrates that it is a member of no more than one international
sports federation which governs a sport included on the program of
the Olympic Games or the Pan-American Games;
"(5) demonstrates that its membership is open to any individual
who is an amateur athlete, coach, trainer, manager, administrator,
or official active in the sport for which recognition is sought,
or to any amateur sports organization which conducts programs in
the sport for which recognition is sought, or to both;
"(6) provides an equal opportunity to amateur athletes,
coaches, trainers, managers, administrators, and officials to
participate in amateur athletic competition, without
discrimination on the basis of race, color, religion, age, sex, or
national origin, and with fair notice and opportunity for a
hearing to any amateur athlete, coach, trainer, manager,
administrator, or official before declaring such individual
ineligible to participate;
"(7) is governed by a board of directors or other such
governing board whose members are selected without regard to race,
color, religion, national origin or sex, except that, in sports
where there are separate male and female programs, it provides for
reasonable representation of both males and females on such board
of directors or other such governing board;
"(8) demonstrates that its board of directors or other such
governing board includes among its voting members individuals who
are actively engaged in amateur athletic competition in the sport
for which recognition is sought or who have represented the United
States in international amateur athletic competition in the sport
for which recognition is sought within the preceding 10 years, and
that the membership and voting power held by such individuals is
not less than 20 percent of such membership and voting power held
in that board of directors or other such governing board;
"(9) provides for reasonable direct representation on its board
of directors or other such governing board for any amateur sports
organization which, in the sport for which recognition is sought,
conducts, on a level of proficiency appropriate for the selection
of amateur athletes to represent the United States in
international amateur athletic competition, a national program or
regular national amateur athletic competition, and ensures that
such representation shall reflect the nature, scope, quality, and
strength of the programs and competitions of such amateur sports
organization in relation to all other such programs and
competitions in such sport in the United States;
"(10) demonstrates that none of its officers are also officers
of any other amateur sports organization which is recognized as a
national governing body;
"(11) provides procedures for the prompt and equitable
resolution of grievances of its members;
"(12) does not have eligibility criteria relating to amateur
status which are more restrictive than those of the appropriate
international sports federation; and
"(13) demonstrates, if it is an amateur sports organization
seeking recognition as a national governing body, that it is
prepared to meet the obligations imposed on a national governing
body under section 202 of this Act.
"(c)(1) Except as provided in paragraph (2), any amateur sports
organization which on the date of enactment of this title is recognized
by the Corporation to represent a particular sport shall be considered
to be the national governing body for that sport. Such an organization
is exempt for a period of 2 years from the date of enactment of this
title from meeting the requirements of subsection (b) of this section,
and during the 2-year period shall take the necessary actions to meet
such requirements if it desires to retain its recognition. After the
expiration of the 2-year period, such an organization shall continue as
the national governing body for that sport unless the Corporation
determines that such organization is not in compliance with the
requirements of subsection (b) of this section, in which event the
Corporation shall--,
"(A) suspend the recognition of such national governing body;
"(B) revoke the recognition of such national governing body;
or
"(C) extend the 2-year period for not longer than 1 year, if
the national governing body has proven by clear and convincing
evidence that, through no fault of its own, it needs additional
time to comply with such requirements.
If, at the end of the extension period referred to in subparagraph (C)
of this paragraph, the national governing body has not complied with
such requirements, the Corporation shall revoke the recognition of such
national governing body. Any such national governing body aggrieved by
the Corporation's determination under this subsection may submit a
demand for arbitration in accordance with section 205 (c) of this title.
"(2) Notwithstanding the provisions of paragraph (1), the Corporation
may suspend or revoke the recognition of a national governing body
during the 2-year period if such suspension or revocation is for the
same reason as the Corporation could have revoked or suspended such
national governing body prior to the date of the enactment of this
title.
"(d) Within 61 days after recognizing an amateur sports organization
as a national governing body, in accordance with subsection (a) of this
section, the Corporation shall recommend and support in any appropriate
manner such national governing body to the appropriate international
sports federation as the representative of the United States for that
sport.
" Sec. 202. // 36 USC 392 // (a) For the sport which it governs, a
national governing body is under duty to--,
"(1) develop interest and participation throughout the United
States and be responsible to the persons and amateur sports
organizations it represents;
"(2) minimize, through coordination with other amateur sports
organizations, conflicts in the scheduling of all practices and
competitions;
"(3) keep amateur athletes informed of policy matters and
reasonably reflect the views of such athletes in its policy
decisions;
"(4) promptly review every request submitted by an amateur
sports organization or person for a sanction (A) to hold an
international amateur athletic competition in the United States;
or (B) to sponsor United States amateur athletes to compete in
international amateur athletic competition held outside the United
States, and determine whether to grant such sanction, in
accordance with the provisions of subsection (b) of this section;
"(5) allow an amateur athlete to compete in any international
amateur athletic competition conducted under its auspices or that
of any other amateur sports organization or person, unless it
establishes that its denial was based on evidence that the
organization or person conducting the competition did not meet the
requirements stated in subsection (b) of this section;
"(6) provide equitable support and encouragement for
participation by women where separate programs for male and female
athletes are conducted on a national basis;
"(7) encourage and support amateur athletic sports programs for
handicapped individuals and the participation of handicapped
individuals in amateur athletic activity, including, where
feasible, the expansion of opportunities for meaningful
participation by handicapped individuals in programs of athletic
competition for able-bodied individuals;
"(8) provide and coordinate technical information on physical
training, equipment design, coaching, and performance analysis;
and
"(9) encourage and support research, development, and
dissemination of information in the areas of sports medicine and
sports safety.
"(b) As a result of its review under subsection (a)(4) of this
section, if a national governing body does not determine by clear and
convincing evidence that holding or sponsoring an international amateur
athletic competition would be detrimental to the best interest of the
sport, the national governing body shall promptly grant to an amateur
sports organization or person a sanction to--,
"(1) hold an international amateur athletic competition in the
United States, if such amateur sports organization or person--,
nondiscriminatory;
in
amateur athletic competition,
any, conducted
by the amateur sports organization or person; or
"(2) sponsor United States amateur athletes to compete in
international amateur athletic competition held outside the United
States, if such amateur sports organization or person--,
nondiscriminatory;
competition certifying
that--,
to a
foreign country which the amateur sports organization or
person sponsored for the purpose of having United
States
amateur athletes compete in international amateur
athletic
competition.
" Sec. 203. // 36 USC 393. // For the sport which it governs, a
national governing body is authorized to--,
"(1) represent the United States in the appropriate
international sports federation;
"(2) establish national goals and encourage the attainment of
those goals;
"(3) serve as the coordinating body for amateur athletic
activity in the United States;
"(4) exercise jurisdiction over international amateur athletic
activities and sanction international amateur athletic competition
held in the United States and sanction the sponsorship of
international amateur athletic competition held outside the United
States;
"(5) conduct amateur athletic competition, including national
championships, and international amateur athletic competition in
the United States, and establish procedures for the determination
of eligibility standards for participation in such competitions,
except for that amateur athletic competition specified in section
206 of this title;
"(6) recommend to the Corporation individuals and teams to
represent the United States in the Olympic Games and the
Pan-American Games; and
"(7) designate individuals and teams to represent the United
States in international amateur athletic competition (other than
the Olympic Games and the Pan-American Games) and certify, in
accordance with applicable international rules, the amateur
eligibility of such individuals and teams.
" Sec. 204. // 36 USC 394. // The Corporation may review all matters
relating to the continued recognition of a national governing body and
may take such action as it considers appropriate, including, but not
limited to, placing conditions upon the continued recognition of the
national governing body.
" Sec. 205. // 36 USC 395. // (a)(1) Any amateur sports organization
or person which belongs to or is eligible to belong to a national
governing body may seek to compel such national governing body to comply
with the requirements of sections 201(b) and 202 of this title by filing
a written complaint with the Corporation. Such organization or person
may take such action only after having exhausted all available remedies
within such national governing body for correcting deficiencies, unless
it can be shown by clear and convincing evidence that those remedies
would have resulted in unnecessary delay. The Corporation shall
establish procedures for the filing and disposition of complaints
received under this subsection. A copy of the complaint shall also be
served on the applicable national governing body.
"(2) Within 30 days after the filing of the complaint, the
Corporation shall determine whether the organization has exhausted its
remedies within the applicable national governing body, as provided in
paragraph (1) of this subsection. If the Corporation determines that
any such remedies have not been exhausted, it may direct that such
remedies be pursued before the Corporation will further consider the
complaint.
"(3)(A) Within 90 days after the filing of a complaint under
paragraph (1) of this subsection, if the Corporation determines that all
such remedies have been exhausted, it shall hold a hearing to receive
testimony for the purpose of determining if such national governing body
is in compliance with the requirements of sections 201( b) and 202 of
this title.
"(B) If the Corporation determines, as a result of the hearings
conducted pursuant to this subsection, that such national governing body
is in compliance with the requirements of sections 201(b) and 202 of
this title, it shall so notify the complainant and such national
governing body. "(C) If the Corporation determines, as a result of
hearings conducted pursuant to this subsection, that such national
governing body is not in compliance with the requirements of sections
201(b) and 202 of this title, it shall--,
"(i) place such national governing body on probation for a
specified period of time, not to exceed 180 days, which it
considers necessary to enable such national governing body to
comply with such requirements, or
"(ii) revoke the recognition of such national governing body.
"(D) If the Corporation places a national governing body on probation
pursuant to this paragraph, it may extend the probationary period if the
national governing body has proven by clear and convincing evidence
that, through no fault of its own, it needs additional time to comply
with such requirements. If, at the end of the period allowed by the
Corporation, the national governing body has not complied with such
requirements, the Corporation shall revoke the recognition of such
national governing body.
"(b)(1) Any amateur sports organization may seek to replace an
incumbent as the national governing body for a particular sport by
filing with the Corporation a written application for such recognition.
Such application shall be filed (A) within the 1-year period after the
final day of any Olympic Games, in the case of a sport for which
competition is held in the Olympic Games or in both the Olympic and
Pan-American Games; or (B) within the 1-year period after the final day
of any Pan-American Games, in the case of a sport for which competition
is held in the Pan-American Games and not in the Olympic Games. If two
or more organizations file applications for the same sport, such
applications shall be considered in a single proceeding.
"(2) Any application filed under this subsection shall be filed with
the Corporation by registered mail. The Corporation shall establish
procedures for the filing and disposition of applications received under
this subsection. A copy of any such application for recognition shall
also be served on the applicable national governing body. The
Corporation shall inform the applicant for recognition that its
application has been received.
"(3) Within 180 days after receipt of an application filed under this
subsection, the Corporation shall conduct a formal hearing to determine
the merits of the application. The Corporation shall publish notice of
the time and place of such hearing in a regular issue of its principal
publication at least 30 days, but not more than 60 days, prior to the
date of the hearing. In the course of such hearing, the applicant and
the national governing body shall be given a reasonable opportunity to
present evidence supporting their respective positions. During such
hearing, the applicant amateur sports organization must establish by a
preponderance of the evidence that it meets the criteria for recognition
as a national governing body under section 201(b) of this title, and
that--,
"(A) the national governing body does not meet the criteria of
section 201(b) or 202; or
"(B) it more adequately meets the criteria of section 201(b),
is capable of more adequately meeting the criteria of section 202,
and provides or is capable of providing a more effective national
program of competition, than the national governing body in the
sport for which it seeks recognition.
"(4) Within 30 days of the close of the hearing required under this
subsection, the Corporation shall--,
"(A) uphold the right of the national governing body to
continue as the national governing body for its sport;
"(B) revoke the recognition of the national governing body and
declare a vacancy in the national governing body for that sport;
"(C) revoke the recognition of the national governing body and
recognize the applicant as the national governing body; or
"(D) decide to place the national governing body on probation
of not to exceed 180 days, pending the compliance of the national
governing body, if such national governing body would have
retained recognition except for a minor deficiency in one of the
requirements of section 201(b) or 202 of this title.
If the national governing body does not comply within the prescribed
time period, the Corporation shall revoke the recognition of the
national governing body and either recognize the applicant as the
national governing body, or declare a vacancy in the national governing
body for that sport.
"(5) Within 61 days after recognizing an amateur sports organization
as a national governing body, in accordance with this subsection, the
Corporation shall recommend and support in any appropriate manner such
national governing body to the appropriate international sports
federation as the representative of the United States for that sport.
"(c)(1) The right to review by any party aggrieved by a determination
of the Corporation under the requirements of this section or section
201(c) shall be to any regional office of the American Arbitration
Association. Such demand for arbitration shall be submitted within 30
days of the determination of the Corporation. Upon receipt of such a
demand for arbitration, the Association shall serve notice on the
parties to the arbitration and on the Corporation, and shall immediately
proceed with arbitration according to the commercial rules of the
Association in effect at the time of the filing of the demand, except
that--,
"(A) the arbitration panel shall consist of not less than three
arbitrators, unless the parties to the proceeding mutually agree
to a lesser number;
"(B) the arbitration hearing shall take place at a site
selected by the Association, unless the parties to the proceeding
mutually agree to the use of another site; and
"(C) the arbitration hearing shall be open to the public.
"(2) The arbitrators in any arbitration are empowered to settle any
dispute arising under the provisions of this Act prior to making a final
award, if mutually agreed to by the parties to the proceeding and
achieved in a manner not inconsistent with the constitution and bylaws
of the Corporation.
"(3) Each contesting party may be represented by counsel or by any
other duly authorized representative at the arbitration proceeding. The
parties may offer any evidence which they desire and shall produce any
additional evidence as the arbitrators believe necessary to an
understanding and determination of the dispute. The arbitrators shall
be the sole judges of the relevancy and materiality of the evidence
offered. Conformity to legal rules of evidence shall not be necessary.
"(4) All decisions by the arbitrators shall be by majority vote
unless the concurrence of all is expressly required by the contesting
parties.
"(5) Final decision of the arbitrators shall be binding upon the
involved parties, if such award is not inconsistent with the
constitution and bylaws of the Corporation.
"(6) The hearings may be reopened, by the arbitrators upon their own
motion or upon the motion of any contesting party, at any time before a
final decision is made, except that, if any contesting party makes such
a motion, all parties to the decision must agree to reopen the hearings
if such reopening would result in the arbitrators' decision being
delayed beyond the specific period agreed upon at the beginning of the
arbitration proceedings.
" Sec. 206. // 36 USC 396. // Any amateur sports organization which
conducts amateur athletic competition, participation in which is
restricted to a specific class of amateur athletes (such as high school
students, college students, members of the Armed Forces, or similar
groups or categories), shall have exclusive jurisdiction over such
competition. If such an amateur sports organization wishes to conduct
international amateur athletic competition to be held in the United
States, or sponsor international amateur athletic competition to be held
outside the United States, it shall obtain a sanction from the
appropriate national governing body.".
Approved November 8, 1978.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95-1627 (Comm. on the Judiciary).
SENATE REPORT No. 95-770 (Comm. on Commerce, Science, and
Transportation).
CONGRESSIONAL RECORD, Vol. 124 (1978):
May 8, considered and passed Senate.
Sept. 26, considered and failed of passage in House.
Oct. 11, 13, considered and passed House, amended.
Oct. 15, Senate concurred in House amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 14, No. 45:
Nov. 8, Presidential statement.
PUBLIC LAW 95-605, 92 STAT. 3044.
Forest in Nevada, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That to aid in the
protection and management of the various resources of the lands,
including the protection, improvement, and maintenance of the watershed,
wildlife, recreation, and natural environment values thereof, situated
in the Lake Tahoe Basin, and to promote the management and protection of
such lands under principles of multiple use and sustained yield, the
boundaries of the Toiyabe National Forest are hereby extended to include
the area described in section 2 hereof. Subject to any valid claims now
existing and hereafter maintained, any lands of the United States within
such area are hereby added to such National Forest and shall be subject
to law and regulations applicable to the National Forests.
Sec. 2. This Act shall be applicable to the following lands:
(a) a tract of land referred to as the " Whittell property",
situated in section 10, lot 2, township 13 north, range 18 east,
Mount Diablo Meridian, Nevada, containing 34.4 acres more or less.
Sec. 3. Funds appropriated and available for acquisition of lands,
waters, and interests therein, in the National Forest System pursuant to
section 7 of the Act of September 3, 1964 // 16 USC 460l-10 // (78 Stat.
903), shall be available for the acquisition of any lands, waters, and
interests therein, within the area described in section 2 of this Act.
In addition, the Act of August 5, 1970 (Public Law 91 - 372) is hereby
amended to remove the limitation on expenditures of $12,500,000 as it
applies to the area described in the Act of August 5, 1970 (84 Stat.
694).
Approved November 8, 1978.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 1614, accompanying H.R. 13221 (Comm. on
Interior and Insular Affairs).
SENATE REPORT No. 95 - 1298 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 124 (1978):
Oct. 3, H.R. 13221 considered and passed House.
Oct. 9, considered and passed Senate.
Oct. 14, Considered and passed House.
PUBLIC LAW 95-604, 92 STAT. 3021, URANIUM MILL TAILINGS RADIATION
CONTROL ACT OF 1978
cooperative agreements
with certain States respecting residual radioactive
material at existing sites,
to provide for the regulation of uranium mill tailings
under the Atomic Energy
Act of 1954, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Section 1. This Act // 42 USC 7901 // may be cited as the " Uranium
Mill Tailings Radiation Control Act of 1978".
Sec. 1. Short title and table of contents. Sec. 2. Findings and
purposes.
Sec. 101. Definitions. Sec. 102. Designation of processing sites.
Sec. 103. State cooperative agreements. Sec. 104. Acquisition and
disposition of land and materials. Sec. 105. Indian tribe cooperative
agreements. Sec. 106. Acquisition of lands by Secretary. Sec. 107.
Financial assistance. Sec. 108. Remedial action. Sec. 109. Rules.
Sec. 110. Enforcement. Sec. 111. Public participation. Sec. 112.
Termination; authorization. Sec. 113. Limitation. Sec. 114. Reports
to Congress. Sec. 115. Active operations; liability for remedial
action.
REGULATIONS
Sec. 201. Definition. Sec. 202. Custody of disposal site. Sec. 203.
Authority to establish certain requirements. Sec. 204. Cooperation with
States. Sec. 205. Authorities of Commission respecting certain
byproduct material. Sec. 206. Authority of Environmental Protection
Agency respecting certain byproduct material. Sec. 207. Authorization
of appropriations for grants Sec. 208. Effective date. Sec. 209.
Consolidation of licenses and procedures.
TAILINGS SITES
IN NEW MEXICO
Sec. 301. Study. Sec. 302. Designation by Secretary.
Sec. 2. // 42 USC 7901. // (a) The Congress finds that uranium mill
tailings located at active and inactive mill operations may pose a
potential and significant radiation health hazard to the public, and
that the protection of the public health, safety, and welfare and the
regulation of interstate commerce require that every reasonable effort
be made to provide for the stabilization, disposal, and control in a
safe and environmentally sound manner of such tailings in order to
prevent or minimize radon diffusion into the environment and to prevent
or minimize other environmental hazards from such tailings.
(b) The purposes of this Act are to provide--,
(1) in cooperation with the interested States, Indian tribes,
and the persons who own or control in active mill tailings sites,
a program of assessment and remedial action at such sites,
including, where apropriate, the reprocessing of tailings to
extract residual uranium and other mineral values where
practicable, in order to stabilize and control such tailings in a
safe and environmentally sound manner and to minimize or eliminate
radiation health hazards to the public, and
(2) a program to regulate mill tailings during uranium or
thorium ore processing at active mill opeations and after
termination of such operations in order to stabilize and control
such tailings in a safe and environmentally sound manner and to
minimize or eliminate radiation health hazards to the public.
Sec. 101. For purposes of this title--, // 42 USC 7911. //
The term " Secretary" means the Secretary of Energy.
(2) The term " Commission" means the Nuclear Regulatory
Commission.
(3) The term " Administrator" means the Administrator of the
Environmental Protection Agency.
(4) The term " Indian tribe" means any tribe, band, clan,
group, pueblo, or community of Indians recognized as eligible for
services provided by the Secretary of the Interior to Indians.
(5) The term "person" means any individual, association,
partnership, corporation, firm, joint venture, trust, government
entity, and any other entity, except that such term does not
include any Indian or Indian tribe.
(6) The term "processing site" means--,
radioactive
materials at which all or substantially all of the
uranium
was produced for sale to any Federal agency prior to
January 1, 1971 under a contract with any Federal
agency,
except in the case of a site at or near Slick Rock,
Colorado,
unless--,
Federal
agency, or
predecessor
agency under the Atomic Energy Act of 1954
// 42 USC 2011 //
or by a State as permitted under section 274 of such
Act)
// 42 USC 2021. //
for the production at such site of any uranium or
thorium
product derived from ores is in effect on
January 1, 1978,
or is issued or renewed after such date; and
Any ownership or control of an area by a Federal agency which is
acquired pursuant to a cooperative agreement under this title
shall not be treated as ownership or control by such agency for
purposes of subparagraph (A)(i). A license for the production of
any uranium product from residual radioactive materials shall not
be treated as a license for production from ores within the
meaning of subparagraph (A)(ii) if such production is in
accordance with section 108(b).
(7) The term "residual radioactive material" means--,
radioactive)
in the form of tailings resulting from the processing
of ores for the extraction of uranium and other
valuable constituents
of the ores; and
processing,
including any residual stock of unprocessed ores or
low-grade has been extracted.
(9) The term " Federal agency" includes any executive agency as
defined in section 105 of title 5 of the United States Code.
(10) The term " United States" means the 48 contiguous States
and Alaska, Hawaii, Puerto Rico, the District of Columbia, and the
territories and possessions of the United States.
Sec. 102. // 42 USC 7912. // (a)(1) As soon as practicable, but no
later than one year after enactment of this Act, the Secretary shall
designate processing sites at or near the following locations:
Salt Lake City, Utah
Green River, Utah
Mexican Hat, Utah
Durango, Colorado
Grand Junction, Colorado
Rifle, Colorado (two sites)
Gunnison, Colorado
Naturita, Colorado
Maybell, Colorado
Slick Rock, Colorado (two sites)
Shiprock, New Mexico
Ambrosia Lake, New Mexico
Riverton, Wyoming
Converse County, Wyoming
Lakeview, Oregon
Falls City, Texas
Tuba City, Arizona
Monument Valley, Arizona
Lowman, Idaho
Cannonsburg, Pennsylvania
Subject to the provisions of this title, the Secretary shall complete
remedial action at the above listed sites before his authority
terminates under this title. The Secretary shall within one year of the
date of enactment of this Act also designate all other processing sites
within the United States which he determines requires remedial action to
carry out the purposes of this title. In making such designation, the
Secretary shall consult with the Administrator, the Commission, and the
affected States, and in the case of Indian lands, the appropriate Indian
tribe and the Secretary of the Interior.
(2) As part of his designation under this subsection, the Secretary,
in consultation with the Commission, shall determine the boundaries of
each such site.
(3) No site or structure with respect to which remedial action is
authorized under Public Law 92 - 314 // 86 Stat. 222. // in Grand
Junction, Colorado, may be designated by the Secretary as a processing
site under this section.
(b) Within one year from the date of the enactment of this Act, the
Secretary shall assess the potential health hazard to the public from
the residual radioactive materials at designated processing sites.
Based upon such assessment, the Secretary shall, within such one year
period, establish priorities for carrying out remedial action at each
such site. In establishing such priorities, the Secretary shall rely
primarily on the advice of the Administrator.
(c) Within thirty days after making designations of processing sites
and establishing the priorities for such sites under this section, the
Secretary shall notify the Governor of each affected State, and, where
appropriate, the Indian tribes and the Secretary of the Interior.
(d) The designations made, and priorities established, by the
Secretary under this section shall be final and not be subject to
judicial review.
(e)(1) The designation of processing sites within one year after
enactment under this section shall include, to the maximum extent
practicable, the areas referred to in section 101(6)(B).
(2) Notwithstanding the one year limtation contained in this section,
the Secretary may, after such one year period, include any area
described in section 101(6)(B) as part of a processing site designated
under this section if he determines such inclusion to be appropriate to
carry out the purposes of this title.
Sec. 103. // 42 USC 7913. // (a) After notifying a State of the
desination refered to in section 102 of this title, the Secretary
subject to section 113, is authorized to enter into cooperative
agreements with such State to perform remedial actions at each
designated processsing site in such State (other than a site located on
Indian lands referred to in section 105). The Secretary shall, to the
greatest extent practicable, enter into such agreements and carry out
such remedial actions in accordance with the priorities established by
him under section 102. The Secretary shall commence preparations for
cooperative agreements with respect to each designated processing site
as promptly as practicable following the designation of each site.
(b) Each cooperative agreement under this section shall contain such
terms and conditions as the Secretary deems appropriate and consistent
with the purposes of this Act, including, but not limited to, a
limitation on the use of Federal assistance to those costs which are
directly required to complete the remedial action selected pursuant to
section 108.
(c)(1) Except where the State is required to acquire the processing
site as provided in subsection (a) of section 104, each cooperative
agreement with a State under section 103 shall provide that the State
shall obtain, in a form prescribed by the Secretary, written consent
from any person holding any record interest in the designated processing
site for the Secretary or any person designated by him to perform
remedial action at such site.
(2) Such written consent shall include a waiver by each such person
on behalf of himself, his heirs, successors, and assigns--,
(A) releasing the United States of any liability or claim
thereof by such person, his heirs, successors, and assigns
concerning such remedial action, and
(B) holding the United States harmless against any claim by
such person on behalf of himself, his heirs, successors, or
assigns arising out of the performance of any such remedial
action.
(d) Each cooperative agreement under this section shall require the
State to assure that the Secretary, the Commission, and the
Administrator and thier authorized representatives have a permanent
right of entry at any time to inspect the processing site and the site
provided pursuant to section 104(b)(1) in furtherance of the provisions
of this title and to carry out such agreement and enforce this Act and
any rules prescribed under this Act. Such right of entry under this
section or section 106 into an area described in section 101(6)(B) shall
terminate on completion of the remedial action, as determined by the
Secretary.
(e) Each agreement under this section shall take effect only upon the
concurrence of the Commission with the terms and conditions thereof.
(f) The Secretary may, in any cooperative agreement entered into
under this section or section 105, provide for reimbursement of the
actual costs, as determined by the Secretary, of any remedial action
performed with respect to so much of a designated processing site as is
described in section 101(6)(B). Such reimbursement shall be made only
to a property owner of record at the time such remedial action was
undertaken and only with respect to costs incurred by such property
owner. No such reimbursement may be made unless--,
(1) such remedial action was completed prior to enactment of
this Act, and unless the application for such reimbursement was
filed by such owner within one year after an agreement under this
section or section 105 is approved by the Secretary and the
Commission, and
(2) the Secretary is satisfied that such action adequately
achieves the purposes of this Act with respect to the site
concerned and is consistent with the standards established by the
Administrator pursuant to section 275(a) of the Atomic Energy Act
of 1954.
Sec. 104. (a) Each cooperative agreement under section 103 // 42 USC
7914. // shall require the State, where determined appropriate by the
Secretary with the concurrence of the Commission, to acquire any
designated processing site, including where appropriate any interest
therein. In determining whether to require the State to acquire a
designated processing site or interest therein, consideration shall be
given to the prevention of windfall profits.
(b)(1) If the Secretary with the concurrence of the Commission
determines that removal of residual radioactive material from a
processing site is appropriate, the cooperative agreement shall provide
that the State shall acquire land (including, where appropriate, any
interest therein) to be used as a site for the permanent disposition and
stabilization of such residual radioactive materials in a safe and
environmentally sound manner.
(2) Acquisition by the State shall not be required under this
subsection if a site located on land controlled by the Secretary or made
available by the Secretary of the Interior pursuant to section 106
(a)(2) is designated by the Secretary, with the concurrence of the
Commission, for such disposition and stabilization.
(c) No State shall be required under subsection (a) or (b) to acquire
any real property or improvement outside the boundaries of--,
(1) that portion of the processing site which is described in
section 101(6)(A), and
(2) the site used for disposition of the residual radioactive
materials.
(d) In the case of each processing site designated under this title
other than a site designated on Indian land, the State shall take such
action as may be necessary,and pursuant to regulations of the Secretary
under this subsection, to assure that any person who purchases such a
processing site after the removal of radioactive materials from such
site shall be notified in an appropriate manner prior to such purchase,
of the nature and extent of residual radioactive materials removed from
the site, including notice of the date when such action took place, and
the condition of such site after such action. If the State is the owner
of such site, the State shall so notify any prospective purchaser before
entering into a contract, option, or other arrangement to sell or
otherwise dispose of such site. The Secretary shall issue appropriate
rules and regulations to require notice in the local land records of the
residual radioactive materials which were located at any processing site
and notice of the nature and extent of residual radioactive materials
removed from the site, including notice of the date when such action
took place.
(e)(1) The terms and conditions of any cooperative agreement with a
State under section 103 shall provide that in the case of any lands or
interests therein acquired by the State pursuant to subsection (a), the
State, with the concurrence of the Secretary and the Commission, may--,
(A) sell such lands and interests,
(B) permanently retain such land and interests in lands (or
donate such lands and interests therein to another governmental
entity within such State) for permanent use by such State or
entity solely for park, recreational, or other public purposes, or
(C) transfer such lands and interests to the United States as
provided in subsection (f).
No lands may be sold under subparagraph(A) without the consent of the
Secretary and the Commission. No site may be sold under subparagraph
(A) or retained under subparagraph (B) if such site is used for the
disposition of residual radioactive materials.
(2) Before offering for sale any lands and interests therein which
comprise a processing site, the State shall offer to sell such lands and
interests at their fair market value to the person from whom the State
acquired them.
(f)(1) Each agreement under section 103 shall provide that title
to--,
(A) the residual radioactive materials subject to the
agreement, and
(B) any lands and interests therein which have been acquired by
the State, under subsection (a) or (b), for the disposition of
such materials,
shall be transferred by the State to the Secretary when the Secretary
(with the concurrence of the Commission) determines that remedial action
is completed in accordance with the requirements imposed pursuant to
this title. No payment shall be made in connection with the transfer of
such property from funds appropriated for purposes of this Act other
than payments for any administrative and legal costs incurred in
carrying out such transfer.
(2) Custody of any property transferred to the United States under
this subsection shall be assumed by the Secretary or such Federal agency
as the President may designate. Notwithstanding any other provision of
law, upon completion of the remedial action program authorized by this
title, such property and minerals shall be maintained pursuant to a
license issued by the Commission in such manner as will protect the
public health, safety, and the environment. The Commission may,
pursuant to such license or by rule or order, require the Secretary or
other Federal agency having custody of such property and minerals to
undertake such monitoring, maintenance, and emergency measures necessary
to protect public health and safety and other actions as the Commission
deems necessary to comply with the standards of section 275(a) of the
Atomic Energy Act of 1954. The Secretary or such other Federal agency
is authorized to carry out maintenance, monitoring and emergency
measures under this subsection, but shall take no other action pursuant
to such license, rule or order with respect to such property and
minerals unless expressly authorized by Congress after the date of
enactment of this Act. The United States shall not transfer title to
property or interest therein acquired under this subsection to any
person or State, except as provided in subsection (h).
(g) Each agreement under section 103 which permits any sale described
in subsection (e)(1)(A) shall provide for the prompt reimbursement to
the Secretary from the proceeds of such sale. Such reimbursement shall
be in an amount equal to the lesser of--
(1) that portion of the fair market value of the lands or
interests therein which bears the same ratio to such fair market
value as the Federal share of the costs of acquisition by the
State to such lands or interest therein bears to the total cost of
such acquisition, or
(2) the total amount paid by the Secretary with respect to such
acquisition.
The fair market value of such lands or interest shall be determined by
the Secretary as of the date of the sale by the State. Any amounts
received by the Secretary under this title shall be deposited in the
Treasury of the United States as miscellaneous receipts.
(h) No provision of any agreement under section 103 shall prohibit
the Secretary of the Interior, with the concurrence of the Secretary of
Energy and the Commission, from disposing of any subsurface mineral
rights by sale or lease (in accordance with laws of the United States
applicable to the sale, lease, or other disposal of such rights) which
are associated with land on which residual radioactive materials are
disposed and which are transferred to the United States as required
under this section if the Secretary of the Interior takes such action as
the Commission deems necessary pursuant to a license issued by the
Commission to assure that the residual radioactive materials will not be
disturbed by reason of any activity carried on following such
disposition. If any such materials are disturbed by any such activity,
the Secretary of the Interior shall insure, prior to the disposition of
the minerals, that such materials will be restored to a safe and
environmentally sound condition as determined by the Commission, and
that the costs of such restoration will be borne by the person acquiring
such rights from the Secretary of the Interior or from his successor
assign.
Sec. 105. // 42 USC 7915. // (a) After notifying the Indian tribe of
the designation pursuant to section 102 of this title, the Secretary, in
consultation with the Secretary of the Interior, is authorized to enter
into a cooperative agreement, subject to section 113, with any Indian
tribe to perform remedial action at a designated processing site located
on land of such Indian tribe. The Secretary shall, to the greatest
extent practicable, enter into such agreements and carry out such
remedial actions in accordance with the priorities established by him
under section 102. In performing any remedial action under this section
and in carrying out any continued monitoring or maintenance respecting
residual radioactive materials associated with any site subject to a
cooperative agreement under this section, the Secretary shall make full
use of any qualified members of Indian tribes resident in the vicinity
of any such site. Each such agreement shall contain such terms and
conditions as the Secretary deems appropriate and consistent with the
purposes of this Act. Such terms and conditions shall require the
following:
(1) The Indian tribe and any person holding any interest in
such land shall execute a waiver (A) releasing the United States
of any liability or claim thereof by such tribe or person
concerning such remedial action and (B) holding the United States
harmless against any claim arising out of the performance of any
such remedial action.
(2) The remedial action shall be selected and performed in
accordance with section 108 by the Secretary or such person as he
may designate.
(3) The Secretary, the Commission, and the Administrator and
their authorized representatives shall have a permanent right of
entry at any time to inspect such processing site in furtherance
of the provisions of this title, to carry out such agreement, and
to enforce any rules prescribed under this Act.
Each agreement under this section shall take effect only upon
concurrence of the Commission with the terms and conditions thereof.
(b) When the Secretary with the concurrence of the Commission
determines removal of residual radioactive materials from a processing
site on lands described in subsection (a) to be appropriate, he shall
provide, consistent with other applicable provisions of law, a site or
sites for the permanent disposition and stabilization in a safe and
environmentally sound manner of such residual radioactive materials.
Such materials shall be transferred to the Secretary (without payment
therefor by the Secretary) and permanently retained and maintained by
the Secretary under the conditions established in a license issued by
the Commission, subject to section 104(f)(2) and (h).
Sec. 106. // 42 USC 7916. // Where necessary or appropriate in order
to consolidate in a safe and environmentally sound manner the location
of residual radioactive materials which are removed from processing
sites under cooperative agreements under this title, or where otherwise
necessary for the permanent disposition and stabilization of such
materials in such manner--,
(1) the Secretary may acquire land and interests in land for
such purposes by purchase, donation, or under any other authority
of law or
(2) the Secretary of the Interior may make available public
lands administered by him for such purposes in accordance with
other applicable provisions of law.
Prior to acquisition of land under paragraph (1) or (2) of this
subsection in any State, the Secretary shall consult with the Governor
of such State. No lands may be acquired under such paragraph (1) or (2)
in any State in which there is no (1) processing site designated under
this title or (2) active uranium mill operation, unless the Secretary
has obtained the consent of the Governor of such State. No lands
controlled by any Federal agency may be transferred to the Secretary to
carry out the purposes of this Act without the concurrence of the chief
administrative officer of such agency.
Sec. 107. // 42 USC 7917 // (a) In the case of any designated
processing site for which an agreement is executed with any State for
remedial action at such site, the Secretary shall pay 90 per centum of
the actual cost of such remedial action, including the actual costs of
acquiring such site (and any interest therein) or any disposition site
(and any interet therein) pursuant to section 103 of this title, and the
State shall pay the remainder costs from non-Federal funds. The
Secretary shall not pay the administrative costs incurred by any State
to develop, prepare, and carry out any cooperative agreement executed
with such State under this title, except the proportionate share of the
administrative cost associated with the acquisistion of lands and
interests therein acquired by the Stae pursuant to this title.
(b) In the case of any designated processing site located on Indian
lands, the Secretary shall pay the entire cost of such remedial action.
Sect. 108. // 42 USC 7918. // (a)(1) The Secretary or such person as
he may designate shall select and perform remedial actions at designated
processing sites and disposal sites in accordance with the general
standards prescribed by the Administrator pursuant to section 275a. of
the Atomic Energy Act of 1954. The State shall participate fully in the
selection and performance of a remedial action for which it pays part of
the cost. Such remedial action shall be selected and performed with the
concurrence of the Commission and in consultation, as appropriate, with
the Indian tribe and the Secretary of the Interior.
(2) The Secretary shall use technology in performing such remedial
action as will insure compliance with the general standards promulgated
by the Administrator under section 275a. of the Atomic Energy Act of
1954 and will assure the safe and environmentally sound stabilization
residual radioactive materials, consistent with existing law. No such
remedial action may be undertaken under this section before the
promulgation by the Administrator of such standards.
(b) Prior to undertaking any remedial action at a designated site
pursuant to this title, the Secretary shall request expressions of
interest from private parties regarding the remilling of the residual
radioactive materials at the site and, upon receipt of any expression of
interest, the Secretary shall evaluate among other things the mineral
concentration of the residual radioactive materials at each designated
processing site to determine whether, as a part of any remedial action
program, recovery of such minerals is practicable. The Secretary, with
the concurrence of the Commission, may permit the recovery of such
minerals, under such terms and conditions as he may prescribe to carry
out the purposes of this title. No such recovery shall be permitted
unless such recovery is consistent with remedial action. Any person
permitted by the Secretary to recover such mineral shall pay to the
Secretary a share of the net profits derived from such recovery, as
determined by the Secretary. Such share shall not exceed the total
amount paid by the Secretary for carrying out remedial action at such
designated site. After payment of such share to the United States under
this subsection, such person shall pay to the State in which the
residual radioactive materials are located a share of the net profits
derived from sucl. recovery, as determined by the Secretary. The person
recovering such minerals shall bear all costs of such recovery. Any
person carrying out mineral recovery activities under this paragraph
shall be required to obtain any necessary license under the Atomic
Energy Act of 1954 or under State law as permitted under section 274 of
such Act. // 42 USC 2021. //
Sec. 109. // 42 USC 7919. // The Secretary may prescribe such rules
consistent with the purposes of this Act as he deems appropriate
pursuant to title V of the Department of Energy Organization Act.
Sec. 110. // 42 USC 7920. // (a)(1) Any person who violates any
provision of this title or any cooperative agreement entered into
pursuant to this title or any rule prescribed under this Act concerning
any designated processing site, disposition site, or remedial action
shall be subject to an assessment by the Secretary of a civil penalty of
not more than $1,000 per day per violation. Such assessment shall be
made by order after notice and an opportunity for a public hearing,
pursuant to section 554 of title 5, United States Code.
(2) Any person against whom a penalty is assessed under this section
may, within sixty calendar days after the date of the order of the
Secretary assessing such penalty, institute an action in the United
States court of appeals for the appropriate judicial circuit for
judicial review of such order in accordance with chapter 7 of title 5,
United States Code. // 5 USC 500. // The court shall have jurisdiction
to enter a judgment affirming, modifying, or setting aside in whole or
in part, the order of the Secretary, or the court may remand the
proceeding to the Secretary for such further action as the court may
direct.
(3) If any person fails to pay an assessment of a civil penalty after
it has become a final and unappealable order, the Secretary shall
institute an action to recover the amount of such penalty in any
appropriate district court of the United States. In such action, the
validity and appropriateness of such final assessment order or judgment
shall not be subject to review. Section 402(d) of the Department of
Energy Organization Act // 42 USC 7172. // shall not apply with respect
to the functions of the Secretary under this section.
(4) No civil penalty may be assessed against the United States or any
State or political subdivision of a State or any official or employee of
the foregoing.
(5) Nothing in this section shall prevent the Secretary from
enforcing any provision of this title or any cooperative agreement or
any such rule by injunction or other equitable remedy.
(b) Subsection (a) shall not apply to any licensing requirement under
the Atomic Energy Act of 1954. // 42 USC 2011. // Such licensing
requirements shall be enforced by the Commission as provided in such
Act.
Sec. 111. // 42 USC 7921. // In carrying out the provisions of this
title, including the designation of processing sites, establishing
priorities for such sites, the selection of remedial actions, and the
execution of cooperative agreements, the Secretary, the Administrator,
and the Commission shall encourage public participation and, where
appropriate, the Secretary shall hold public hearings relative to such
matters in the States where processing sites and disposal sites are
located.
Sec. 112. // 42 USC 7922. // (a) The authority of the Secretary to
perform remedial action under this title shall terminate on the date
seven years after the date of promulgation by the Administrator of
general standards applicable to such remedial action unless such
termination date is specifically extended by an Act of Congress enacted
after the date of enactment of this Act.
(b) The amounts authorized to be appropriated to carry out the
purposes of this title by the Secretary, the Administrator, the
Commission, and the Secretary of the Interior shall not exceed such
amounts as ae established in annual authorization Acts for fiscal year
1979 and each fiscal year thereafter applicable to the Department of
Energy. Any sums appropriated for the purposes of this title shall be
available until expended.
Sec. 113. // 42 USC 7923. // The authority under this title to enter
into contracts or other obligations requiring the United States to make
outlays may be exercised only to the extent provided in advance in
annual authorization and appropriation Acts.
Sec. 114. // 42 USC 7924. // (a) Beginnng on January 1, 1980, and
each year thereafter until January 1, 1986, the Secretary shall submit a
report to the Congress with respect to the status of the actions
required to be taken by the Secretary, the Commission, the Secretary of
the Interior, the Administrator, and the States and Indian tribes under
this Act and any amendments to other laws made by this Act. Each report
shall--,
(1) include data on the actual and estimated costs of the
program authorized by this title;
(2) describe the extent of participation by the States and
Indian tribes in this program;
(3) evaluate the effectiveness of remedial actions, and
describe any problems associated with the performance of such
actions; and
(4) contain such other information as may be appropriate.
Such report shall be prepared in consultation with the Commission, the
Secretary of the Interior, and the Administrator and shall contain their
separate views, comments, and recommendations, if any. The Commission
shall submit to the Secretary and Congress such portion of the report
under this subsection as relates to the authorities of the Commission
under title II of this Act.
(b) Not later than July 1, 1979, the Secretary shall provide a report
to the Congress which identifies all sites located on public or acquired
lands of the United States containing residual radioactive materials and
other raidoactive waste (other than waste resulting from the production
of electric energy) and specifies which Federal agency has jurisdiction
over such sites. The report shall include the identity of property and
other structures in the vicinity of such site that are contaminated or
may be contaminated by such materials and the actions planned or taken
to remove such materials. The report shall describe in what manner such
sites are adequately stabilized and otherwise controlled to prevent
radon diffusion from such sites into the environment and other
environmental harm. If any site is not so stabilized or controlled, the
report shall describe the remedial actions planned for such site and the
time frame for performing such actions. In preparing the reports under
this section, the Secretary shall avoid duplication of previous or
ongoing studies and shall utilize all information available from other
departments and agencies of the United States respecting the subject
matter of such report. Such agencies shall cooperate with the Secretary
in the preparation of such report and furnish such information as
available to them and necessary for such report.
(c) Not later than January 1, 1980, the Administrator, in
consultation with the Commission, shall provide a report to the Congress
which identifies the location and potential health, safety, and
environmental hazards of uranium mine wastes together with
recommendations, if any, for a program to eliminate these hazards.
(d) Copies of the reports required by this section to be submitted to
the Congress shall be separately submitted to the Committees on Interior
and Insular Affairs and on Interstate and Foreign Commerce of the House
of Representatives and the Committee on Energy and Natural Resources of
the Senate.
(e) The Commission, in cooperation with the Secretary, shall ensure
that any relevant information, other than trade secrets and other
proprietary information otherwise exempted from mandatory disclosure
under any other provision of law, obtained from the conduct of each of
the remedial actions authorized by this title and the subsequent
perpetual care of those residual radioactive materials is documented
systematically, and made publicly available conveniently for use.
Sec. 115. // 42 USC 7925. // (a) No amount may be expended under
this title with respect to any site licensed by the Commission under the
Atomic Energy Act of 1954 // 42 USC 2011 or by a State as permitted
under section 274 of such Act, // 42 USC 2021. // at which production
of any uranium product from ores (other than from residual radioactive
materials) takes place.
(b) In the case of each processing site designated under this title,
the Attorney General shall conduct a study to determine the identity and
legal responsibility which any person (other than the United States, a
State, or Indian tribe) who owned or operated or controlled (as
determined by the Attorney General) such site before the date of the
enactment of this Act may have under any law or rule of law for
reclamation or other remedial action with respect to such site. The
Attorney General shall publish the results of such study, and provide
copies thereof to the Congress, as promptly as practicable following the
date of the enactment of this Act. The Attorney General, based on such
study, shall, to the extent he deems it appropriate and in the public
interest, take such action under any provision of law in effect when
uranium was produced at such site to require payment by such person of
all or any part of the costs incurred by the United States for such
remedial action for which he determines such person is liable.
Sec. 201. Section 11e. of the Atomic Energy Act of 1954, // 42 USC
2014. // is amended to read as follows:
"e. The term 'byproduct material' means (1) any radioactive material
(except special nuclear material) yielded in or made radioactive by
exposure to the radiation incident to the process of producing or
utilizing special nuclear material, and (2) the tailings or wastes
produced by the extraction or concentration of uranium or thorium from
any ore processed primarily for its source material content."
Sec. 202. (a) Chapter 8 of the Atomic Energy Act of 1954, // 42 USC
2111. // is amended by adding the following new section at the end
thereof:
" Sec. 83. Ownership and Custody of Certain Byproduct Material and
Disposal Sites.--,
"a. Any license issued or renewed after the effective date of this
section under section 62 or section 81 // 42 USC 2002, 2111. // for any
activity which results in the production of any byproduct material, as
defined in section 11e. // 42 USC 2014. // (2), shall contain such
terms and conditions as the Commission determines to be necessary to
assure that, prior to termination of such license--.
"(1) the licensee will comply with decontamination,
decommissioning, and reclamation standards prescribed by the
Commission for sites (A) at which ores were processed primarily
for their source material content and (B) at which such byproduct
material is deposited, and
"(2) ownership of any byproduct material, as defined in section
11e. (2)
// 42 USC 2014. //
which resulted from such licensed activity shall be transferred to
(A) the United States or (B) in the State in which such activity
occurred if such State exercises the option under subsection b.
(1) to acquire land used for the disposal of byproduct material.
Any license in effect on the date of the enactment of this section shall
either contain such terms and conditions on renewal thereof after the
effective date of this section, or comply with paragraphs (1) and (2)
upon the termination of such license, whichever first occurs.
"(b)(1)(A) The Commission shall require by rule, regulation, or
order that prior to the termination of any license which is issued
after the effective date of this section, title to the land, including
any interests therein (other than land owned by the United States or by
a State) which is used for the disposal of any byproduct material, as
defined by section 11 e.(2), pursuant to such license shall be
transferred to--,
"(A) the United States, or
"(B) the State in which such land is located, at the option of
such State.
"(2) Unless the Commission determines prior to such termination that
transfer of title to such land and such byproduct material is not
necessary or desirable to protect the public health, safety, or welfare
or to minimize or eliminate danger to life or property. Such
determination shall be made in accordance with section 181 of this Act.
Notwithstanding any other provision of law or any such determination,
such property and materials shall be maintained pursuant to a license
issued by the Commission pursuant to section 84(b) in such manner as
will protect the public health, safety, and the environment.
"(B) If the Commission determines by order that use of the surface or
subsurface estates, or both, of the land transferred to the United
States or to a State under subparagraph (A) would not endanger the
public health, safety, welfare, or environment, the Commission, pursuant
to such regulations as it may prescribe, shall permit the use of the
surface or subsurface estates, or both, of such land in a manner
consistent with the provisions of this section. If the Commission
permits such use of such land, it shall provide the person who
transferred such land with the right of first refusal with respect to
such use of such land.
"(2) If transfer to the United States of title to such byproduct
material and such land is required under this section, the Secretary of
Energy or any Federal agency designated by the President shall,
following the Commission's determination of compliance under subsection
c., assume title and custody of such byproduct material and land
transferred as provided in this subsection. Such Secretary or Federal
agency shall maintain such material and land in such manner as will
protect the public health and safety and the environment. Such custody
may be transferred to another officer or instrumentality of the United
States only upon approval of the President.
"(3) If transfer to a State of title to such byproduct material is
required in accordance with this subsection, such State shall, following
the Commission's determination of compliance under subsection d., assume
title and custody of such byproduct material and land transferred as
provided in this subsection. Such State shall maintain such material
and land in such manner as will protect the public health, safety, and
the environment.
"(4) In the case of any such license under section 62, // 42 USC
2092. // which was in effect on the effective date of this section, the
Commission may require, before the termination of such license, such
transfer of land and interests therein (as described in paragraph (1) of
this subsection) to the United States or a State in which such land is
located, at the option of such State, as may be necessary to protect the
public health, welfare, and the environment from any effects associated
with such byproduct material. In exercising the authority of this
paragraph, the Commission shall take into consideration the status of
the ownership of such land and interests therein and the ability of the
licensee to transfer title and custody thereof to the United States or a
State.
"(5) The Commission may, pursuant to a license, or by rule or order,
require the Secretary or other Federal agency or State having custody of
such property and materials to undertake such monitoring, maintenance,
and emergency measures as are necessary to protect the public health and
safety and such other actions as the Commission deems necessary to
comply with the standards promulgated pursuant to section 84 of this
Act. The Secretary or such other Federal agency is authorized to carry
out maintenance, monitoring, and emergency measures, but shall take no
other action pursuant to such license, rule or order, with respect to
such property and materials unless expressly authorized by Congress
after the date of enactment of this Act.
"(6) The transfer of title to land or byproduct materials, as defined
in section 11e. (2), // 42 USC 2014. // to a State or the United States
pursuant to this subsection shall not relieve any licensee of liability
for any fraudulent or negligent acts done prior to such transfer.
"(7) Material and land transferred to the United States or a State in
accordance with this subsection shall be transferred without cost to the
United States or a State (other than administrative and legal costs
incurred in carrying out such transfer). Subject to the provisions of
paragraph (1)(B) of this subsection, the United States or a State shall
not transfer title to material or property acquired under this
subsection to any person, unless such transfer is in the same manner as
provided under section 104(h) of the Uranium Mill Tailings Radiation
Control Act of 1978.
"(8) The provisions of this subsection respecting transfer of title
and custody to land shall not apply in the case of lands held in trust
by the United States for any Indian tribe or lands owned by such Indian
tribe subject to a restriction against alienation imposed by the United
States. In the case of such lands which are used for the disposal of
byproduct material, as defined in section 11e. (2), the licensee shall
be required to enter into such arrangements with the Commission as may
be appropriate to assure the long-term maintenance and monitoring of
such lands by the United States.
"c. Upon termination on any license to which this section applies,
the Commission shall determine whether or not the licensee has complied
with all applicable standards and requirements under such license.".
(b) This section // 42 USC 2113. // shall be effective three years
after the enactment of this Act.
(c) The table of contents for chapter 8 of the Atomic Energy Act of
1954, is amended by inserting the following new item after the item
relating to section 82:
" Sec. 83. Ownership and custody of certain byproduct material and
disposal sites.".
Sec. 203. Section 161 of the Atomic Energy Act of 1954 // 42 USC
2201. // is amended by adding the following new subsection at the end
thereof:
"x. Establish by rule, regulation, or order, after public notice, and
in accordance with the requirements of section 181 of this Act, // 42
USC 2231. // such standards and instructions as the Commission may deem
necessary or desirable to ensure--,
"(1) that an adequate bond, surety, or other financial
arrangement (as determined by the Commission) will be provided,
before termination of any license for byproduct material as
defined in section 11e. (2),
// 42 USC 2014. //
by a licensee to permit the completion af all requirements
established by the Commission for the decontamination,
decommissioning, and reclamation of sites, structures, and
equipment used in conjunction with byproduct material as so
defined, and
"(2) that--,
after
the date of the enactment of this subsection, the need
for long
term maintenance and monitoring of such sites,
structures
and equipment after termination of such license will be
minimized and, to the maximum extent practicable,
eliminated; and
or issued
or renewed thereafter), if the Commission determines
that any
such long-term maintenance and monitoring is necessary,
the
licensee, before termination of any license for
byproduct
material as defined in section 11e. (2), will make
available
such bonding, surety, or other financial arrangements
as may
be necessary to assure such long-term maintenance and
monitoring.
Such standards and instructions promulgated by the Commission pursuant
to this subsection shall take into account, as determined by the
Commission, so as to avoid unnecessary duplication and expense,
performance bonds or other financial arrangements which are required by
other Federal agencies or State agencies and/or other local governing
bodies for such decommissioning, decontamination, and reclamation and
long-term maintenance and monitoring except that nothing in this
paragraph shall be construed to require that the Commission accept such
bonds or arrangements if the Commission determines that such bonds or
arrangements are not adequate to carry out subparagraphs (1) and (2) of
this subsection.".
Sec. 204. (a) Section 274b. of the Atomic Energy Act of 1954, // 42
USC 2021. // is amended by adding "as defined in section 11e. (1)"
after the words "byproduct materials" in paragraph (1) by renumbering
paragraphs (2) and (3) as paragraphs (3) and (4); and by inserting the
following new paragraph immediately after paragraph (1):
"(2) byproduct materials as defined in section 11e. (2);".
(b) Section 274d. (2) of such act // 42 USC 2021. // is amended by
inserting the following before the word "compatible": "in accordance
with the requirements of subsection o. and in all other respects".
(c) Section 274 n. of such Act is amended by adding the following new
sentence at the end thereof: " As used in this section, the term
'agreement' includes any amendment to any agreement.".
(d) Section 274j. of such Act is amended--,
(1) by inserting "all or part of" after "suspend";
(2) by inserting "(1)" after "finds that"; and
(3) by adding at the end before the period the following:", or
(2) the State has not complied with one or more of the
requirements of this section. The Commission shall periodically
review such agreements and actions taken by the States under the
agreements to ensure compliance with the provisions of this
section.".
(e)(1) Section 274 of such Act is amended by adding the following new
subsection at the end thereof:
"o. In the licensing and regulation of byproduct material, as defined
in section 11e. (2) of this Act, or of any activity, which results in
the production of byproduct material as so defined under an agreement
entered into pursuant to subsection b., a State shall require--,
"(1) compliance with the requirements of subsection b. of
section 83 (respecting ownership of byproduct material and land),
and
"(2) compliance with standards which shall be adopted by the
State for the protection of the public health, safety, and the
environment from hazards associated with such material which are
equivalent, to the extent practicable, or more stringent than,
standards adopted and enforced by the Commission for the same
purpose, including requirements and standards promulgated by the
Commission and the Administrator of the Environmental Protection
Agency pursuant to sections 83, 84, and 275, and
"(3) procedures which--,
public
hearing and provide for judicial review of the rule;
impact
on the human environment a written analysis (which shall
be available to the public before the commencement of
any
such proceedings) of the impact of such license,
including
any activities conducted pursuant thereto, on the
environment,
which analysis shall include--,
pursuant
to such license, including the management of any
byproduct material, as defined by section 11e. (2); and
of
subparagraph (C).
If any State under such agreement imposes upon any licensee any
requirement for the payment of funds to such State for the reclamation
or long-term maintenance and monitoring of such material, and if
transfer to the United States of such material is required in accordance
with section 83b. of this Act, such agreement shall be amended by the
Commission to provide that such State shall transfer to the United
States upon termination of the license issued to such licensee the total
amount collected by such State from such licensee for such purpose. If
such payments are required, they must be sufficient to ensure compliance
with the standards established by the Commission pursuant to section
161x. of this Act. // 42 USC 2201. // No State shall be required under
paragraph (3) to conduct proceedings concerning any license or
regulation which would duplicate proceedings conducted by the
Commission.".
(f) Section 274c. of such Act // 42 USC 2021. // is amended by
inserting the following new sentence after paragraph (4) thereof: " The
Commission shall also retain authority under any such agreement to make
a determination that all applicable standards and requirements have been
met prior to termination of a license for byproduct material, as defined
in section 11e. (2).". // 42 USC 2014. //
(g) Nothing in any amendment made by this section // 42 USC 2021 //
shall preclude any State from exercising any other authority as
permitted under the Atomic Energy Act of 1954 respecting any byproduct
material, as defined in section 11e. (2) of the Atomic Energy Act of
1954.
(h)(1) On or before the date three years after the date of the
enactment of this Act, // 42 USC 2021. // notwithstanding any amendment
made by this title, any State may exercise any authority under State law
respecting byproduct material, as defined in section 11e. (2) of the
Atomic Energy Act of 1954, in the same manner, and to the same extent,
as permitted before the enactment of this Act.
(2) An agreement entered into with any State as permitted under
section 274 of the Atomic Energy Act of 1954 with respect to byproduct
material as defined in section 11e. (2) of such Act, may be entered into
at any time after the date of the enactment of this Act but no such
agreement may take effect before the date three years after the date of
the enactment of this Act.
BYPRODUCT MATERIAL
Sec.205. (a) Chapter 8 of the Atomic Energy Act of 1954, // 42 USC
2111. // is amended by adding the following new section at the end
thereof:
" Sec. 84. Authorities of Commission Respecting Certain Byproduct
Material.--,
"a. The Commission shall insure that the management of any byproduct
material, as defined in section 11e. (2), // 42 USC 2014. // is carried
out in such manner as--,
"(1) the Commission deems appropriate to protect the public
health and safety and the environment from radiological and
nonradiological hazards associated with the processing and with
the possession and transfer of such material,
"(2) conforms with applicable general standards promulgated by
the Administrator of the Environmental Protection Agency under
section 275, and
"(3) conforms to general requirements established by the
Commission,
with the concurrence of the Administrator, which are,
to the maximum extent practicable, at least comparable to
requirements applicable to the possession, transfer, and disposal
of similar hazardous material regulated by the Administrator under
the Solid Waste Disposal Act,
// 42 USC 6901. // as amended.
"b. In carrying out its authority under this section, the Commission
is authorized to--,
"(1) by rule, regulation, or order require persons, officers,
or instrumentalities exempted from licensing under section 81 of
this Act
// 42 USC 2111. //
to conduct monitoring, perform remedial work, and to comply with
such other measures as it may deem necessary or desirable to
protect health or to minimize danger to life or property and in
connection with the disposal or storage of such byproduct
material; and
"(2) make such studies and inspections and to conduct such
monitoring as may be necessary.
Any violation by any person other than the United States or any officer
or employee of the United States or a State of any rule, regulation, or
order or licensing provision, of the Commission established under this
section or section 83 shall be subject to a civil penalty in the same
manner and in the same amount as violations subject to a civil penalty
under section 234. // 42 USC 2282. // Nothing in this section affects
any authority of the Commission under any other provision of this Act.".
(b) The first sentence of section 81 of the Atomic Energy Act of
1954, // 42 USC 2111. // is amended to read as follows: " No person
may transfer or receive in interstate commerce, manufacture, produce,
transfer, acquire, own, possess, import, or export any byproduct
material, except to the extent authorized by this section, section 82 or
section 84.". // 42 USC 2112. //
(c) The table of contents for such chapter 8 is amended by inserting
the following new item after the item relating to section 83:
Sec. 84. Authorities of Commission respecting certain byproduct
material.".
RESPECTING CERTAIN
BYPRODUCT MATERIAL
Sec. 206. (a) Chapter 19 of the Atomic Energy Act of 1954, // 42 USC
2021. // is amended by inserting after section 274 the following new
section:
" Sec. 275. Health and Environmental Standards for Uranium Mill
Tailings.--,
"a. As soon as practicable, but not later than one year after the
date of enactment of this section, the Adminstrator of the Environmental
Protection Agency (hereinafter referred to in this section as the '
Administrator') shall, by rule, promulgate standards of general
application (including standards applicable to licenses under section
104(h) of the Uranium Mill Tailings Radiation Control Act of 1978) for
the protection of the public health, safety, and the environment from
radiological and nonradiological hazards associated with residual
radioactive materials (as defined in section 101 of the Uranium Mill
Tailings Radiation Control Actof 1978) located at inactive uranium mill
tailings sites and depository sites for such materials selected by the
Secretary of Energy, pursuant to title I of the Uranium Mill Tailings
Radiation Control Act of 1978. Standards promulgated pursuant to this
subsection shall, to the maximum extent practicable, be consistent with
the requirements of the Solid Waste Disposal Act, // 42 USC 6901 // as
amended. The Administator may periodically revise any standard
promulgated pursuant to this subsection.
"b.(1) As soon as practicable, but not later than eighteen months
after the enactment of this section, the Administrator shall, by rule,
promulgate standards of general application for the protection of the
public health, safety, and the environment from radiological and
nonradiological hazards associated with the processing and with the
possession, transfer,and disposal of byproduct material, as defined in
section 11e. (2) of this Act, // 42 USC 2014 // at sites at which ores
are processed primarily for their source material content or which are
used for the disposal of such byproduct material.
"(2) Such generally applicable standards promulgated pursuant to this
subsection for nonradiological hazards shall provide for the protection
of human health and the environment consistent with the standards
required under subtitle C of the Solid Waste Disposal Act, as amended,
which are applicable to such hazards: Provided, however That no permit
issued by the Administrator is required under this Act or the Solid
Waste Disposal Act, as amended, for the processing, possession,
transfer, or disposal of byproduct material, as defined in section 11e.
(2) of this Act. The Administrator may periodically revise any standard
promulgated pursuant to this subsection. Within three years after such
revision of any such standard, the Commission and any State permitted to
exercise authority under section 274b. (2) // 42 USC 2021 // shall apply
such revised standard in the case of any license for byproduct material
as defined in section 11e. (2) or any revision thereof.
"c.(1) Before the promulgation of any rule pursuant to this section,
the Administrator shall publish the proposed rule in the Federal
Register, together with a statement of the research, analysis, and other
available information in support of such proposed rule, and provide a
period of public comment of at least thirty days for written comments
thereon and an opportunity, after such comment period and after public
notice, for any interested person to present oral data views, and
arguments at a public hearing. There shall be a transcript of any such
hearing. The Administrator shall consult with the Commission and the
Secretary of Energy before promulgation of any such rule.
"(2) Judicial review of any promulgated under this section may be
obtained by any interested person only upon such person filing a
petition for review within sixty days after such promulgation in the
United States court of appeals for the Federal judicial circuit in which
such person resides or has his principal place of business. A copy of
the petition shall be forthwith transmitted by the clerk of court to the
Administrator. The Administrator thereupon shall file in the court the
written submissions to, and transcript of, the written or oral
proceedings on which such rule was based as provided in section 2112 of
title 28, United States Code. The court shall have jurisdiction to
review the rule in accordance with chapter 7 of title 5, United States
Code, // 5 USC 701. // and to grant appropriate relief as provided in
such chapter. The judgment of the court affirming, modifying, or
setting aside, in whole or in part, any such rule shall be final,
subject to judicial review by the Supreme Court of the United States
upon certiorari or certification as provided in section 1254 of title
28, United States Code.
"(3) Any rule promulgated under this section shall not take effect
earlier than sixty calendar days after such promulgation.
"d. Implementation and enforcement of the standards promulgated
pursuant to subsection b. of this section shall be the responsibility of
the Commission in the conduct of its licensing activities under this Act
// 42 USC 2021. // shall implement and enforce such standards in
accordance with subsection o. of such section.
"e. Nothing in this Act applicable to byprodduct material, as defined
in section 11e. (2) of this Act, // 42 USC 2014. // shall affect the
authority of the Administrator under the Clean Air Act of 1970, // 42
USC 7401. // as amended, or the Federal Water Pollution Control Act, //
33 USC 1251. // as amended.".
(b) The table of contents for chapter 19 of the Atomic Energy Act //
42 USC 2018. // is amended by inserting the following new item after
the item relating to section 274:
" Sec. 275. Health and environmental standards for uranium mill
tailings.".
Sec. 207. There is hereby authorized to be appropriated for fiscal
year 1980 to the Nuclear Regulatory Commission not to exceed $500,000 to
be used for making grants to States which have entered into agreements
with the Commission under section 274 of the Atomic Energy Act of 1954,
to aid in the development of State regulatory programs under such
section which implement the provisions of this Act.
Sec. 208. Except as otherwise provided in this title // 42 USC 2014.
// the amendments made by this title shall take effect on the date of
the enactment of this Act.
Sec. 209. // 42 USC 2113. // The Nuclear Regulatory Commission shall
consolidate, to the maximum extent practicable, licenses and licensing
procedures under amendments made by this title with licenses and
licensing procedures under other authorities contained in the Atomic
Energy Act of 1954. // 42 USC 2011. //
Sec. 301. // 42 USC 7941. // The Commission, in consultation with
the Attorney General and the Attorney General of the State of New
Mexico, shall conduct a study to determine the extent and adequacy of
the authority of the Commission and the State of New Mexico to require,
under the Atomic Energy Act of 1954 (as amended by title Ii of this Act)
or under State authority as permitted under section 274 // 42 USC 2021.
// of such Act or under other provision of law, the owners of the
following active uranium mill sites to undertake appropriate action to
regulate and control all residual radioactive material at such sites to
protect public health, safety, and the environment: the former
Homestake-New Mexico Partners site near Milan, New Mexico, and the
Anaconda carbonate process tailings site near Bluewater, New Mexico.
Such study shall be completed and a report thereof submitted to the
Congress and to the Secretary within one year after enactment of this
Act, together with such recommendations as may be appropriate. If the
Commission determines that such authority is not adequate to regulate
and control such materials at such sites in the manner provided in the
first sentence of this section, the Commission shall include in the
report a statement of the basis for such determination. Nothing in this
Act shall be construed to prevent or delay action by a State as
permitted under section 274 of the Atomic Energy Act of 1954 or under
any other provision of law or by the Commission to regulate such
residual radioactive materials at such sites prior to completion of such
study.
Sec. 302. // 42 USC 7942. // (a) Within ninety days from the date of
his receipt of the report and recommendations submitted by the
Commission under section 301, notwithstanding the limitations contained
in section 101(6)(A) and in section 115(a), if the Commission
determines, based on such study, that such sites cannot be regulated and
controlled by the State or the Commission in the manner described in
section 301, the Secretary may designate either or both of the sites
referred to in section 301 as a processing site for purposes of title i.
Following such designation, the Secretary may enter into cooperative
agreements with New Mexico to perform remedial action pursuant to such
title concerning only the residual radioactive materials at such site
resulting from uranium produced for sale to a Federal agency prior to
January 1, 1971, under contract with such agency. Any such designation
shall be submitted by the Secretary, together with his estimate of the
cost of carrying out such remedial action at the designated site, to the
Committee on Interior and Insular Affairs and the Committee on
Interstate and Foreign Commerce of the House of Representatives and to
the Committee on Energy and Natural Resources of the Senate.
(b)(1) No designation under subsection (a) shall take effect before
the expiration of one hundred and twenty calendar days (not including
any day in which either House of Congress is not in session because of
an adjournment of more than three calendar days to a day certain or an
adjournment sine die) after receipt by such Committees of such
designation.
(c) Except as otherwise specifically provided in subsection (a), any
remedial action under title I with respect to any sites designated under
this title shall be subject to the provisions of title I (including the
authorization of appropriations referred to in section 112(b)).
Approved November 8, 1978.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 1480, Pt. I (Comm. on Interior and Insular
Affairs) and Pt. II (Comm. on Interstate and Foreign Commerce).
CONGRESSIONAL RECORD, Vol. 124(1978):
Oct. 3, considered and passed House.
Oct. 13, considered and passed Senate, amended.
Oct. 14, House concurred in Senate amendment with amendments.
Oct. 15, Senate concurred in House amendment.
PUBLIC LAW 95-603, 92 Stat. 3018, federal PHYSICIANS COMPARABILITY
ALLOWANCE ACT of 1978
special allowances to certain
physicians employed by the United States in order to
enhance the recruitment
and retention of such physicians.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act, // 5 USC
5948. // may be cited as the " Federal Physicians Comparability
Allowance Act of 1978".
Sec.2. (a) Subchapter IV of chapter 59 of title 5, United States
Code, // 5 USC 5941. // relating to allowances, is amended by adding at
the end thereof the following section: " Sec.5948, // 5 USC 5948. //
Physicians comparability allowances
"(a) Notwithstanding any other provision of law, and in order to
recruit and retain highly qualified Government physicians, the head of
an agency, subject to the provisions of this section and such
regulations as the President or his designee may prescribe, may enter
into a service agreement with a Government physician which provides for
such physician to complete a specified period of service in such agency
in return for an allowance for the duration of such agreement in an
amount to be determined by the agency head and specified in the
agreement, but not to exceed--,
"(1) $7,000 per annum if, at the time the agreement is entered
into, the Government physician has served as a Government
physician for twenty-four months or less, or
"(2) $10,000 per annum if the Government physician has served
as a Government physician for more than twenty-four months.
"(b) An allowance may not be paid pursuant to this section to any
physician who--,
"(1) is employed on less than half-time or intermittent basis,
"(2) occupies an internship or residency training position,
"(3) is a reemployed annuitant, or
"(4) is fulfilling a scholarship obligation.
"(c) The head of an agency, pursuant to such regulations, criteria,
and conditions as the President or his designee may prescribe, shall
determine categories of positions applicable to physicians in such
agency with respect to which there is a significant recruitment and
retention problem. Only physicians serving in such positions shall be
elgible for an allowance pursuant to this section. The amounts of each
such allowance shall be determined by the agency head, subject to such
regulations, creteria, and conditions as the President or his designee
may prescribe, and shall be the minimum amount necessary to deal with
the recruitment and retention problem for each such category of
physicians.
"(d) Any agreement entered into by physician under this section shall
be for a period of one year of service in the agency involved unless the
physician requests an agreement for a longer period of service. No
agreement shall be entered into under this section later than September
30,1979, nor shall any agreement cover a period of service extending
beyond September 30,1981.
"(e) Unless otherwise provided for in the agreement under subsection
(f) of this section, an agreement under this section shall provide that
the physician, in the event that such physician voluntarily, or because
of misconduct, fails to complete at least one year of service pursuant
to such agreement, shall be required to refund the total amount received
under this section, unless the head of the agency, pursuant to such
regulations as may be prescribed under this section by the President or
his designee, determines that such failure is necessitated by
circumstances beyond the control of the physician.
"(f) Any agreement under this section shall specify, subject to such
regulations as the President or his designee may prescribe, the terms
under which the head of the agency and the physician may elect to
terminate such agreement, and the amounts, if any, required to be
refunded by the physician for each reason for termination.
"(g) For the purpose of this section--,
(1) Government physician' means any individual employed as a
physician who is paid under--,
// 5 USC 5332. // relating to the General
Schedule;
// 5 USC 5361. // or similar statutory
authority, relating to administratively determined pay
for certain
specially qualified scientific or professional
personnel;
of
1933 (16 U.S.C. 83lb), relating to the Tennessee
Valley
Authority;
U.S.C.
861-890), relating to the Foreign Service;
Intelligence
Agency;
relating
to the Canal Zone Government and the Panama Canal
Company; or
"(2) 'agency' means an Executive agency, as defined in section
105 of this title, and the District of Columbia government.
"(h)(1) Any allowance paid under this section shall not be considered
as basic pay for the purposes of subchapter VI and section 5595 of
chapter 55, chapter 81,83, or 87 of this title, // 5 USC
5551,5595,8101,8301,8701. // or other benefits related to basic pay.
"(2) Any allowance under this section for a Government physician
shall be paid in the same manner and at the same time as the physician's
basic pay is paid.
"(i) Any regulations, criteria, or conditions that may be prescribed
under this section by the President or his designee shall not be
applicable to the Tennessee Valley Authority, and the Tennessee Valley
Authority shall have sole responsibility for administering the
provisions of this section with respect to Government physicians
employed by the Authority.".
(b) The analysis for chapter 59 of such title is amended by adding at
the end thereof the following: "5948. Physicians comparability
allowances.".
(c) No agreement shall be entered into section 5948 of title 5,
United States Code, // 5 USC 5948. // as added by subsection (a),
before the 60th day after the date of the enactment of this Act. No such
agreement shall provide for the payment of any allowance under such
section for any pay period beginning before the later of--,
(1) such 60th day, or
(2) October 1,1978.
Sec.3. The amendments made by this Act, // 5 USC 5948. // are
repealed, unless specifically extended by Act of Congress, effective on
September 30,1981.
Approved November 6,1978.
LEGISLATIVE HISTORY:
SENATE REPORT No.95-864 (Comm. on Governmental Affairs).
CONGRESSIONAL RECORD, Vol. 124 (1978):
May 25, considered and passed Senate.
Oct.3,considered and passed House, amended.
Oct.13, Senate concurred in House amendments.
PUBLIC LAW 95-602, 92 STAT. 2955, REHABILITATION, COMPREHENSIVE
SERVICE AND DEVELOPMENTAL DISABILITIES AMENDMENTS OF 1978.
certain programs established
in such Act, to establish a community service
employment program for handicapped
individuals, and to provide comprehensive services for
independent living
for handicapped individuals, to amend the
Developmental Disabilities
Services and Facilities Construction Act to revise
and extend the programs
under that Act, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) this Act // 29
USC 701. // may be cited as the " Rehabilitation, Comprehensive
Services, and Developmental Disabilities Amendments of 1978".
APPROPRIATIONS;
ALLOTMENTS
Sec. 101. (a) Section 100 (b) of the Rehabilitation Act of 1973 //
29 USC 720. // is amended--,
(1) in subsection (b) (1), by adding at the end the following:
" There is further authorized to be appropriated for such purpose
$808,000,000 for the fiscal year ending September 30, 1979, and
the amount determined under subsection (c) for the three
succeeding fiscal years but in no event shall the amount
appropriated be greater than $880,000,000 for the fiscal year
ending September 30, 1980, $945,000,000 for the fiscal year ending
September 30, 1981, and $972,000,000 for the fiscal year ending
September 30, 1982.";
(2) by amending subsection (b) (2) to read as follows:
"(2) For the purpose of allotments under section 120 (a) (1), // 29
USC 740. // there are authorized to be appropriated $45,000,000 for the
fiscal year ending September 30, 1979, $50,000,000 for the fiscal year
ending September 30,1980, $55,000,000 for the fiscal year ending
September 30, 1981, and $60,000,000 for the fiscal year ending September
30, 1982. There are further authorized to be appropriated for such
purpose for each such year such additional sums as the Congress may
determine to be necessary."; and
(3) by adding at the end the following new paragraph:
"(3) For the purpose of making grants to Indian tribes under part D
of this title, there are authorized to be appropriated for the fiscal
year ending September 30, 1979, and for each of the three fiscal years
thereafter, in addition to any other amounts authorized to be
appropriated under this section, such sums as may be necessary for such
fiscal year, but not more than an amount equal to 1 percent of the
amount appropriated for that fiscal year under paragrah (1) of this
subsection.".
(b) Section 100 of the Rehabilitation Act of 1973 is amended by
adding at the end the following new subsection:
"(c) (1) No later than November 15 of each fiscal year (beginning
with the fiscal year 1979), the Secretary of Labor shall publish in the
Federal Register the percentage change in the price index published for
October of the preceding fiscal year and October of the fiscal year in
which such publication is made.
"(2) (A) If in any fiscal year the percentage change published under
paragraph (1) indicates an increase in the price index, then the amount
authorized to be appropriated under subsection (b) (1) for the
subsequent fiscal year is the amount authorized to be appropriated for
the fiscal year in which the publication is made under paragraph (1)
increased by such percentage change.
"(B) If in any fiscal year the percentage change published under
paragraph (1) does not indicate an increase in the price index, then the
amount authorized to be appropriated under subsection (b) (1) for the
subsequent fiscal year is the amount authorized to be appropriated for
the fiscal year in which the publication is made under paragraph (1).
"(3) For purposes of this subsection, the term 'price index' means
the Consumer Price Index for All Urban Consumers, published monthly by
the Bureau of Labor Statistics.".
(c) Section 110 (a) of the Rehabilitation Act of 1973 // 29 USC 730.
// is amended to read as follows:
" Sec. 110. (a) (1) For each fiscal year beginning before October 1,
1978, each State shall be entitled to an allotment of an amount bearing
the same ratio to the amount authorized to be appropriated under section
100 (b) (1) // 29 USC 720. // for allotment under this section as the
product of (A) the population of the State, and (B) the square of its
allotment percentage, bears to the sum of the corresponding products for
all the States.
"(2) (A) For each fiscal year beginning on or after October 1, 1978,
each State shall be entitled to an allotment in an amount equal to the
amount such State received under paragraph (1) for the fiscal year
ending September 30, 1978, and an additional amount determined pursuant
to subparagraph (B) of this paragraph.
"(B) For each fiscal year beginning on or after October 1, 1978, each
State shall be entitled to an allotment, from any amount authorized to
be appropriated for such fiscal year under section 100 (b) (1) for
allotment under this section in excess of the amount appropriated under
section 100 (b) (1) for the fiscal year ending September 30, 1978, in an
amount equal to the sum of--,
"(i) an amount bearing the same ratio to 50 percent of such excess
amount as the product of the population of the State and the square of
its allotment percentage bears to the sum of the corresponding products
for all the States; and
"(ii) an amount bearing the same ratio to 50 percent of such excess
amount as the product of the population of the State and its allotment
percentage bears to the sum of the corresponding products for all the
States.
"(3) The sum of the payment to any State (other than Guam, American
Samoa, the Virgin Islands, the Northern Mariana Islands, and the Trust
Territory of the Pacific Islands) under this subsection for any fiscal
year which is less than one-third of 1 percent of the amount
appropriated under section 100 (b) (1), or $3,000,000, whichever is
greater, shall be increased to that amount, the total of the increases
thereby required being derived by proportionately reducing the allotment
to each of the remaining such States under this subsection, but with
such adjustments as may be necessary to prevent the sum of the
allotments made under this subsection to any such remaining State from
being thereby reduced to less than that amount.".
(d) Section 110 (b) of the Rehabilitation Act of 1973 // 29 USC 730.
// is amended by inserting "(1)" after "(b)", by striking out the last
sentence, and by adding at the end thereof the following new paragraphs:
"(2) If a State receives as its Federal share under section 111 (a)
// 29 USC 731. // for any fiscal year, as a result of the maintenance
of effort provisions of such section, less than 80 percent of the
expenditure of such State for vocational rehabilitation services under
the plan for such State approved under section 101 // 29 USC 721. //
(including any amount expended by such State for the administration of
the State plan but excluding any amount expended by such State from
non-Federal sources for construction under such plan), such State shall
be entitled to an additional payment for such fiscal year, subject to
the same terms and conditions applicable to other payments under this
part, equal to the difference between such payment under section 111 (a)
and an amount equal to 80 percent of such expenditure for vocational
rehabilitation services.
"(3) Any payment attributable to the additional payment to a State
under this subsection shall be made only from appropriations
specifically made to carry out this subsection, and such additional
appropriations are hereby authorized.".
(e) (1) The second sentence of section 120 (a) (1) of the
Rehabilitation Act of 1973 // 29 USC 740. // is amended by striking out
"three" and inserting in lieu thereof "five".
(2) The first sentence of section 121 (b) of the Rehabilitation Act
of 1973 // 29 USC 741. // is amended by striking out " September 30,
1979" and inserting in lieu thereof " September 30, 1982".
Sec. 102. (a) Section 101 (a) of the Rehabilitation Act of 1973 //
29 USC 721. // is amended--,
(1) by striking out " For each fiscal year in which" and all
that follows through the dash and inserting in lieu thereof the
following: " In order to be eligible to participate in programs
under this title, a State shall submit to the Commissioner a State
plan for vocational rehabilitation services for a three-year
period and, upon request of the Commissioner, shall make such
annual revisions in the plan as may be necessary. Each such plan
shall--";
(2) in paragraph (5) (A) by inserting after "handicaps" the
first place it appears the following: "and a description of the
method to be used to utilize existing rehabilitation facilities to
the maximum extent feasible";
(3) in paragraph (6) by inserting "(A)" after "(6)", by
inserting "and" after the semicolon the second place it appears,
and by adding at the end the following new subparagraph:
"(B) provide satisfactory assurances that facilities used in
connection with the delivery of services assisted under the plan will
comply with the Act of August 12, 1968, commonly known as the
Architectural Barriers Act of 1968;"; // 42 USC 4151. //
(4) in paragraph (7) by striking out "and" at the end of clause
(A), and by inserting before the semicolon at the end thereof a
comma and the following: "and (C) provisions relating to the
establishment and maintenance of minimum standards to assure the
availability of personnel, to the maximum extent feasible, trained
to communicate in the client's native language or mode of
communication";
(5) in clause (C) of paragraph (9) by striking out "under
section 401" and inserting in lieu thereof "under section 13";
(6) in paragraph (11) by inserting before the semicolon the
following: "(specifically including arrangements for the
coordination of services to individuals eligible for services
under this Act, the Education of the Handicapped Act,
// 20 USC 1401. //
and the Vocational Education
Act)"; // 20 USC 2301. //
(7) in paragraph (12) by inserting "(A)" after "(12)", by
inserting after the semicolon "and", and by adding at the end the
following new subparagraph:
"(B) provide (as appropriate) for entering into agreements with
the operators of rehabilitation facilities for the provision of
services for the rehabilitation of handicapped individuals;";
(8) in paragraph (15) by striking out "(including the State's
needs for rehabilitation facilities)" and inserting in lieu
thereof "(including the capacity and condition of rehabilitation
facilities, plans for improving such facilities, and policies for
the use thereof by the State agency)";
(9) in paragraph (18) by inserting "personnel" before "working
in the field of vocational rehabilitation" and by striking out
"and" at the end thereof;
(10) in paragraph (19) by striking out the period and by
inserting in lieu thereof a semicolon; and
(11) by adding at the end thereof the following new paragraphs:
"(20) provide satisfactory assurances to the Commissioner that,
except as otherwise provided in section 130,
// 29 USC 750. //
the State shall provide vocational rehabilitation services to
handicapped American Indians residing in the State to the same
extent as the State provides such services to other significant
segments of the population of handicapped individuals residing in
the State;
"(21) provide that the State agency has the authority to enter
into contracts with profitmaking organizations for the purpose of
providing on-the-job training and related programs for handicapped
individuals under part B of title VI upon a determination by such
agency that such profitmaking organizations are better qualified
to provide such rehabilitation services than nonprofit agencies
and organizations; and
"(22) provide for the establishment and maintenance of
information and referral programs (the staff of which shall
include, to the maximum extent feasible, interpreters for the
deaf) in sufficient numbers to assure that handicapped individuals
within the State are afforded accurate vocational rehabilitation
information and appropriate referrals to other Federal and State
programs and activities which would benefit them.".
(b) Section 101 (c) of the Vocational Rehabilitation Act of 1973 //
29 USC 721. // is amended--,
(1) by inserting "(1)" after "(c)";
(2) by striking out "(1)" before "the plan" and inserting in
lieu thereof "(A)";
(3) by striking out "(2)" and inserting in lieu thereof "(B)";
and
(4) by adding at the end the following new paragraph:
"(2) The Commissioner may, in accordance with regulations the
Secretary shall prescribe, disburse any funds withheld from a State
under paragraph (1) to any public or nonprofit private organization or
agency within such State or to any political subdivision of such State
submitting a plan meeting the requirements of subsection (a). The
Commissioner may not make any payment under this paragraph unless the
entity to which such payment is made has provided assurances to the
Commissioner that such entity will contribute, for purposes of carrying
out such plan, the same amount as the State would have been obligated to
contribute if the State received such payment.".
(c) Section 101 (d) of the Rehabilitation Act of 1973 // 29 USC 721.
// is amended to read as follows:
"(d) (1) Any State which is dissatisfied with a final
determination
of Commissioner under subsection (b) or (c) may file a petition for
judicial review of such determination in the United States Court of
Appeals for the circuit in which the State is located. Such a petition
may be filed only within the thirty-day period beginning on the date
notice of such final determination was received by the State. The clerk
of the court shall transmit a copy of the petition to the Commissioner
or to any officer designated by him for that purpose. In accordance
with section 2112 of title 28, United States Code, the Commissioner
shall file with the court a record of the proceeding on which he based
the determination being appealed by the State. Until a record is so
filed, the Commissioner may modify or set aside any determination made
under such proceedings.
"(2) If, in an action under this subsection to review a final
determination of the Commissioner under subsection (b) or (c), the
petitioner or the Commissioner applies to the court for leave to have
additional oral submissions or written presentations made respecting
such determination, the court may, for good cause shown, order the
Commissioner to provide within thirty days an additional opportunity to
make such submissions and presentations. Within such period, the
Commissioner may revise any findings of fact, modify or set aside the
determination being reviewed, or make a new determination by reason of
the additional submissions and presentations, and shall file such
modified or new determination, and any revised findings of fact, with
the return of such submissions and presentations. The court shall
thereafter review suuch new or modified determination.
"(3) (A) Upon the filing of a petition under paragraph (1) for
judicial review of a determination, the court shall have jurisdiction
(i) to grant appropriate relief as provided in chapter 7 of title 5,
United States Code, // 5 USC 701. // except for interim relief with
respect to a determination under subsection (c), and (ii) except as
otherwise provided in subparagraph (B), to review such determination in
accordance with chapter 7 of title 5, United States Code.
"(B) Section 706 of title 5, United States Code, shall apply to the
review of any determination under this subsection, except that the
standard for review prescribed by paragraph (2) (E) of such section 706
shall not apply and the court shall hold unlawful and set aside such
determination if the court finds that the determination is not supported
by substantial evidence in the record of the proceeding submitted
pursuant to paragraph (1), as supplemented by any additional submissions
and presentations filed under paragraph (2).".
Sec. 103. Section 102 of the Rehabilitation Act of 1973 // 29 USC
722. //
is amended--,
(1) in subsection (b) by inserting "and agree to" after
"redevelop"; and
(2) by adding at the end the following new subsection:
"(d) (1) The Director of any designated State unit shall establish
procedures for the review of determinations made by the rehabilitation
counselor or coordinator under this section, upon the request of a
handicapped individual (or, in appropriate cases, his parents or
guardians). Such procedures shall include a requirement that the final
decision concerning the review of any such determination be made in
writing by the Director. The Director may not delegate his
responsibility to make any such final decision to any other officer or
employee of the designated State unit.
"(2) Any handicapped individual (or, in appropriate cases, his parent
or guardian) who is not satisfied with the final decision made under
paragraph (1) by the Director of the designated State unit may request
the Secretary to review such decision. Upon such request the Secretary
shall conduct such a review and shall make recommendations to the
Director as to the appropriate disposition of the matter. The Secretary
may not delegate his responsibilities under this paragraph to any
officer of the Department of Health, Education, and Welfare who is
employed at a postion below that of an Assistant Secretary.".
Sec. 104. (a) Section 103 (a) (1) of the Rehabilitation Act of 1973
// 29 USC 723. // is amended by inserting "mental or" before
"emotional".
(b) Section 103 (b) of the Rehabilitation Act of 1973 is amended--,
(1) in paragraph (1) by striking out "and" after the semicolon;
(2) in paragraph (2) by (A) inserting "(including services
offered at rehabilitation facilities)" after "services" and (B)
striking out the period and inserting in lieu thereof ";"; and
(3) by adding at the end the following new paragraphs:
"(3) the use of existing telecommunications systems (including
telephone, television, satellite, radio, and other similar
systems) which have the potential for substantially improving
service delivery methods, and the development of appropriate
programing to meet the particular needs of handicapped
individuals; and
"(4) the use of services providing recorded material for the
blind and captioned films or video cassettes for the deaf.".
Sec. 105. Section 112 (a) of the Rehabilitation Act of 1973 // 29
USC 732. // is amended--,
(1) by striking out "section 304" in each place it appears and
inserting in lieu thereof "section 310"; (2) by striking out "up
to $1,500,000" and all that follows through "dispersed regions"
and inserting in lieu thereof "no less than $3,500,000 for the
fiscal year ending September 30, 1979, and for each of the three
succeeding fiscal years, to establish in geographically dispersed
regions"; and
(3) by inserting before the period at the end of the first
sentence the following:", including assistance in pursuing legal,
administrative, or other appropriate remedies to insure the
protection of the rights of such individuals under this Act".
Sec. 106. Part D of title I of the Rehabilitation Act of 1973 is
amended to read as follows:
Services
" Sec. 130. // 29 USC 750. // (a) The Commissioner, in accordance
with the provisions of this part, may make grants to the governing
bodies of Indian tribes located on Federal and State reservations to pay
90 percent of the costs of vocational rehabilitation services for
handicapped American Indians residing on such reservations.
"(b) (1) No grant may be made under this part for any fiscal year
unless an application therefor has been submitted to and approved by the
Commissioner. The Commissioner may not approve an application unless
the application--,
"(A) is made at such time, in such manner, and contains such
information as the Commissioner may require;
"(B) contains assurances that the rehabilitation services
provided under this part to handicapped American Indians residing
on a reservation in a State shall be, to the maximum extent
feasible, comparable to rehabilitation services provided under
this title to other handicapped individuals residing in the State;
and
"(C) contains assurances that the application was developed in
consultation with the designated State unit of the State.
"(2) The provisions of sections 5, 6, 7, and 102 (a) of the Indian
Self-Determination and Education Assistance Act // 25 USC 450c. //
shall be applicable to any application submitted under this part. For
purposes of this paragraph, any reference in any such provision to the
Secretary of Health, Education, and Welfare or to the Secretary of the
Interior shall be considered to be a reference to the Commissioner.
"(3) Any application approved under this part shall be effective for
not less than twelve months except as determined otherwise by the
Commissioner pursuant to prescribed regulations. The State shall
continue to provide vocational rehabilitation services under its State
plan to American Indians residing on a reservation whenever such State
includes any such American Indians in its State population under section
110 (a) (1)."
"(d) For the purpose of computing the allotment of any State under
section 110 (a), the number of American Indians residing on a
reservation to be served by a grant under this part shall be subtracted
from the population used for such State in section 110 (a) (1) as
follows:
"(1) 33 percent of such American Indians in the first fiscal year
during which such Indians are served by grants under this part;
"(2) 66 percent of such American Indians in the second fiscal
year during which such Indians are served by grants under this
part; and
"(3) 100 percent of such American Indians in the third fiscal
year during which such Indians are served by grants under this
part.
"(e) The term 'reservation' includes Indian reservations, public
domain Indian allotments, former Indian reservations in Oklahoma, and
land held by incorporated Native groups, regional corporations, and
village corporations under the provisions of the Alaska Native Claims
Settlement Act. // 43 UCS 1601. //
" Sec. 131. Not less than thirty months after the date of the
enactment of the Rehibilitation, Comprehensive Services and
Developmental Disabilities Amendments of 1978, // 29 USC 751. // the
Secretary shall submit to the Congress an evaluation of the programs
conducted under this part. Such evaluation shall be conducted by
persons other than persons immediately responsible for administration of
such programs. Such evaluation shall include--,
"(1) an examination of the comparability of vocational
rehabilitation services provided under this part to services
provided to other handicapped individuals under section 101;
// 29 USC 721. //
and
"(2) An assessment of the extent to which governing bodies of
Indian tribes receiving grants under this part have made services
under such grants available to all handicapped American Indians
residing on reservations served by such grants."
Sec. 107. Section 200 of the Rehabilitation Act of 1973 // 29 USC
760.// is amended to read as follows:
" Sec. 200. The purpose of this title is to--,
"(1) provide for a comprehensive and coordinated approach to
the administration and conduct of research, demonstration
projects, and related activities for the rehabilitation of
handicapped individuals, including programs designed to train
persons who provide rehabilitation services and persons who
conduct research, by authorizing Federal assistance in accordance
with a plan for rehabilitation research developed under this
title;
"(2) facilitate the distribution of information concerning
developments in rehabilitation procedures, methods, and devices to
rehabilitation professionals and to handicapped individuals to
assist such individuals to live more independently;
"(3) improve the distribution of technological devices and
equipment for handicapped individuals by providing financial
support for the development and distribution of such devices and
equipment; and
"(4) increase the scientific and technological information
presently available in the field of rehabilitation.".
Sec. 108. Section 201 (a) of the Rehabilitation Act of 1973 // 29
USC 761. // is amended to read as follows:
" Sec. 201. (a) There are authorized to be appropriated--,
"(1) for the purpose of providing for the expenses of the
National Institute of Handicapped Research under section 202,
// 29 USC 762. //
other than expenses to carry out section 204,
// 29 USC 764. //
such sums as may be necessary for the fiscal year ending September
30, 1979, and for each of the three succeeding fiscal years; and
"(2) for the purpose of carrying out section 204, $50,000,000
for the fiscal year ending September 30, 1979, $75,000,000 for the
fiscal year ending September 30, 1980, $90,000,000 for the fiscal
year ending September 30, 1981, and $100,000,000 for the fiscal
year ending September 30, 1982.".
Sec. 109. The Rehabilitation Act of 1973 // 29 USC 774, 777c. //
is amended--,
(1) by repealing section 304 and redesignating section 305 as
section 313;
(2) by transferring section 203 to title III
// 29 USC 763. //
and redesignating such section as section 304;
// 29 USC 774. //
(3) by repealing section 204 and redesignating section 202 as
section 204;
// 29 USC 764, 762. //
and
(4) by inserting after section 201
// 29 USC 761. //
the following new sections:
" Sec. 202. // 29 USC 761a. // (a) In order to promote and
coordinate research with respect to handicapped individuals and to more
effectively carry out the programs under section 204, there is
established within the Department of Health, Education, and Welfare a
National Institute of Handicapped Research (hereinafter in this title
referred to as the ' Institute'), which shall be headed by a Director
(hereinafter in this title referred to as the ' Director'). In the
performance of his functions, the Director shall be directly responsible
to the Secretary or to the same Under Secretary or Assistant Secretary
of the Department of Health, Education, and Welfare to whom the
Commissioner is responsible under section 3 (a) of this Act.
"(b) The Director, through the Institute, shall be responsible for--,
"(1) administering the programs described in section 204;
"(2) disseminating information acquired through research funded
by the Institute to other Federal, State, and local public
agencies and to private organizations engaged in research relating
to rehabilitation or providing rehabilitation services;
"(3) coordinating, through the Interagency Committee
established by section 203 of this Act, all Federal programs and
policies relating to research in rehabilitation;
"(4) disseminating educational materials to primary and
secondary schools, institutions of higher education, and to public
and private entities concerning how the quality of life of
handicapped individuals may be improved;
"(5) conducting an education program to inform the public about
ways of providing for the rehabilitation of handicapped
individuals, including information relating to family care and
self care;
"(6) conducting conferences, seminars, and workshops (including
in-service training programs) concerning research and engineering
advances in rehabilitation pertinent to the problems of
handicapped individuals;
"(7) taking whatever action is necessary to keep the Congress
fully and currently informed with respect to the implementation
and conduct of programs and activities carried out under this
title; and "(8) producing, in conjunction with the Department of
Labor, the National Center for Health Statistics, the Bureau of
the Census, the Social Security Administration, and other Federal
departments and agencies, as may be appropriate, statistical
reports and studies on the employment, health, income, and other
demographic characteristics of handicapped individuals and
disseminating such reports and studies to rehabilitation
professionals and others to assist in the planning and evaluation
of vocational and other rehabilitation services for the
handicapped.
"(c) (1) The Director of the Institute shall be appointed by the
President, by and with the advice and consent of the Senate. The
Director shall be compensated at the rate payable for level V of the
Executive Schedule under section 5316 of title 5, United States Code.
In carrying out any of his functions under this section, the Director
shall be guided by general policies of the National Council on the
Handicapped established in title IV. The Director shall not delegate
any of his functions to any officer who is not directly responsible to
him.
"(2) There shall be a Deputy Director of the Institute (hereinafter
in this section referred to as the ' Deputy Director') who shall be
appointed by the Secretary. The Deputy Director shall be compensated at
the rate provided for grade GS-17 of the General Schedule under section
5332 of title 5, United States Code, and shall act for the Director
during the absence or disability of the Director, exercising such powers
as the Director may prescribe. In the case of any vacancy in the office
of the Director, the Deputy Director shall serve as Director until a
Director is appointed under paragraph (1). The position created by this
paragraph shall be in addition to the number of positions placed in
grade GS-17 of the General Schedule under section 5108 of title 5,
United States Code.
"(3) The Director, subject to the approval of the President, may
appoint, for terms not to exceed three years, without regard to the
provisions of title 5, United States Code, governing appointment in the
competitive service, and may compensate, without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of such title
// 5 USC 51011. // relating to classification and General Schedule pay
rates, such technical and professional employees of the Institute as the
Director deems ncessary to accomplish the functions of the Institute and
also appoint and compensate without regard to such provisions in a
number not to exceed one-fifth of the number of full-time, regular
technical and professional employees of the Institute.
"(4) The Director may obtain the services of consultants, without
regard to the provisions of title 5, United States Code, governing
appointments in the competitive service.
"(d) The Director, pursuant to regulations which the Secretary shall
prescribe, may establish and maintain fellowships with such stipends and
allowances, including travel and subsistence expenses provided for under
title 5, United States Code, as the Director considers necessary to
procure the assistance of highly qualified research fellows from the
United States and foreign countries.
"(e) The Director shall, pursuant to regulations which the Secretary
shall prescribe, provide for scientific review of all research grants
and programs over which he has authority by utilizing, to the maximum
extent possible, appropriate peer review groups established within the
Institute and composed of non-Federal scientists and other experts in
the rehabilitation field.
"(f) Not less than 90 percent of the funds appropriated under
paragraph (2) of section 201 (a) to carry out section 204 shall be
expended by the Director to carry out such section through grants or
contracts with qualified public or private agencies and individuals.
"(g) The Director shall develop and submit to appropriate committees
of the Congress within eighteen months after the effective date of this
section a long-range plan for rehabilitation research which shall--,
"(1) identify any research which should be conducted respecting
the problems encountered by handicapped individuals in their daily
activities, especially problems related to employment;
"(2) determine the funding priorities for research activities
under this section and explain the basis for such priorities,
including a detailed description of any new types of research
recommended under this paragraph for funding; and
"(3) specify appropriate goals and timetables for activities to
be conducted under this section.
The plan required by this subsection shall be developed by the Director
in consultation with the Commissioner, the National Council on the
Handicapped established under title IV, the Commissioner of Education,
officials responsible for the administration of the Developmental
Disabilities Assistance and Bill of Rights Act, the Interagency
Committee established by section 203, and any other persons or entities
the Director considers appropriate. Such plan shall be reviewed at
least once every three years and may be revised at any time by the
Director to the extent he considers necessary.
"(h) In order to promote cooperation among Federal departments and
agencies conducting research programs, the Director shall consult with
the administrators of such programs, and with the Interagency Committee
established by section 203, regarding the design of research projects
conducted by such entities and the results and applications of such
research.
"(i) (1) The Director shall take whatever actions he considers
appropriate to provide for a comprehensive and coordinated research
program under this title. In providing such a program, the Director may
undertake joint activities with other Federal entities engaged in
research and with appropriate private entities. Any Federal entity
proposing to establish any research project related to the purposes of
this Act shall consult, through the Interagency Committee established by
section 203, with the Director in his role of Chairman of such Committee
and provide the Director with sufficient prior opportunity to comment on
such project.
"(2) Any person responsible for administering any program of the
National Institutes of Health, the Veterans' Administration, the
National Science Foundation, the National Aeronautics and Space
Administration, the Bureau of Education for the Handicapped, or of any
other Federal entity, shall, through the Interagency Committee
established by section 203, consult and cooperate with the Director in
carrying out such program if the program is related to the purposes of
this section.
" Sec. 203. // 29 USC 761b. // (a) (1) In order to promote
coordination and cooperation among Federal departments and agencies
conducting rehabilitation research programs, there is established within
the Federal Government an Interagency Committee on Handicapped Research
(hereinafter in this section referred to as the ' Committee'), chaired
by the Director and comprised of such members as the President may
designate, including the following (or their designees): the Director,
the Commissioner, the Commissioner of Education, the Administrator of
Veterans' Affairs, the Director of the National Institutes of Health,
the Administrator of the National Aeronautics and Space Administration,
the Secretary of Transportation, and the Director of the National
Science Foundation.
"(2) The Committee shall meet not less than four times each year.
"(b) The Committee shall identify, assess, and seek to coordinate all
Federal programs, activities, and projects, and plans for such programs,
activities, and projects with respect to the conduct of research related
to rehabilitation of handicapped individuals.
"(c) The Committee, not later than eighteen months after the date of
enactment of this section, and annually thereafter, shall submit to the
President and to the appropriate committees of the Congress a report
making such recommendations as the Committee deems appropriate with
respect to coordination of policy and development of objectives and
priorities for all Federal programs relating to the conduct of research
related to rehabilitation of handicapped individuals.".
Sec. 110. Section 204 (a) of the Rehabilitation Act of 1973 (as so
redesignated by section 109 (3) of this Act) is amended--,
(1) by striking out " The Secretary, through the Commissioner,
and in coordination with other appropriate programs in the
Department of Health, Education, and Welfare, is authorized to"
and inserting in lieu thereof " The Director may";
(2) by striking out "public or nonprofit" and inserting in lieu
thereof "public or private";
(3) by striking out "provision of vocational rehabilitation
services" and inserting in lieu thereof "provision of vocational
and other rehabilitation services";
(4) by inserting after "restorative techniques" the following:
",including basic research where related to rehabilitation
techniques or services"; and
(5) by inserting ",psychiatric" after "social".
Sec. 111. Section 204 (b) of the Rehabilitation Act of 1973 (as so
redesignated by section 109 (3) of this Act) is amended--,
(1) by striking out "the Secretary, through the Commissioner,
and in coordination with other appropriate programs in the
Department of Health, Education, and Welfare, is authorized to"
and inserting in lieu thereof "the Director may"; (2) by amending
paragraph (1) to read as follows:
"(1) Establishment and support of rehabilitation Research and
Training Centers to be operated in collaboration with institutions of
higher education for the purpose of (A) providing training (including
graduate training) to assist individuals to more effectively provide
rehabilitation services, (B) providing coordinated and advanced programs
of research in rehabilitation, and (C) providing training (including
graduate training) for rehabilitation research and other rehabilitation
personnel. The research to be carried out at each Center shall be
determined on the basis of the particular needs of handicapped
individuals in the geographic area served by the Center, and may include
basic or applied medical rehabilitation research, research regarding the
psychological and social aspects of rehabilitation, and research related
to vocational rehabilitation. The Centers shall be encouraged to
develop practical applications for the findings of their research.
Grants may include funds for services rendered by such a center to
handicapped individuals in connection with such research and training
activities.";
(3) in clause (A) of paragraph (2) by inserting "psychiatric,"
before "psychological"; and
(4) by adding at the end the following new paragraphs:
"(6) Conduct of a research program concerning the use of existing
telecommunications systems (including telephone, television, satellite,
radio, and other similar systems) which have the potential for
substantially improving service delivery methods, and the development of
appropriate programing to meet the particular needs of handicapped
individuals.
"(7) Conduct of a program of joint projects with the National
Institutes of Health, the Health Services Administration, the
Administration on Aging, the National Science Foundation, the Veterans'
Administration, the Office of Education, the National Aeronautics and
Space Administration, other Federal agencies, and private industry in
areas of joint interest involving rehabilitation.
"(8) Conduct of a program of research related to the rehabilitation
of handicapped children and of handicapped individuals who are aged
sixty or older.
"(9) Conduct of a research program to develop and demonstrate
innovative methods to attract and retain professionals to serve in rural
areas in the rehabilitation of handicapped and severely handicapped
individuals.
"(10) Conduct of a model research and demonstration project designed
to assess the feasibility of establishing a center for producing and
distributing to deaf individuals captioned video cassettes providing a
broad range of educational, cultural, scientific, and vocational
programing.
"(11) Conduct of a model research and demonstration program to
develop innovative methods of providing services for preschool age
handicapped children, including the following: (A) early intervention,
parent counseling, infant stimulation,early identification, diagnosis,
and evaluation of severely handicapped children up to the age of five,
with a special emphasis on severely handicapped children up to the age
of three; (B) such physical therapy, language development, pediatric,
nursing, and psychiatric services as are necessary for such children;
and (C) appropriate services for the parents of such children, including
psychiatric services, parent counseling, and training.
"(12) Conduct of a model research and training program under which
model training centers shall be established to develop and use more
advanced and effective methods of evaluating and developing the
employment potential of handicapped individuals, including programs
which--,
"(A) provide training and continuing education for personnel
involved with the employment of handicapped individuals;
"(B) develop model procedures for testing and evaluating the
"(C) develop model training programs to treach handicapped
individuals skills which will lead to appropriate employment;
"(D) develop new approaches for job placement of handicapped
individuals, including new followup procedures relating to such
placement; and
"(E) provide information services regarding education,
training, employment, and job placement for handicapped
individuals.".
VOCATIONAL
TRAINING
Sec. 112. (a) (1) The first sentence of section 301 (a) of the
Rehabilitation Act of 1973 // 29 USC 771. // is amended by striking out
"for the fiscal years ending June 30, 1974, June 30, 1975, June 30,
1976, September 30, 1977, and September 30, 1978" and inserting in lieu
thereof "for each fiscal year ending before October 1, 1982".
(2) The last sentence of section 301 (a) of the Rehabilitation Act of
1973 // 29 USC 771. // is amended by striking out " October 1, 1980"
and inserting in lieu thereof " October 1, 1983".
(b) Section 302 (a) of the Rehabilitation Act of 1973 // 29 USC 772.
// is amended to read as follows:
" Sec. 302. (a) For the purpose of making grants and entering into
contracts under this section, there are authorized to be appropriated
such sums as may be necessary for each fiscal year ending before October
1, 1982.".
Sec. 113. Section 303 of the Rehabilitation Act of 1973 // 29 USC
773. // is amended to read as follows:
" Sec. 303. (a) It is the purpose of this section to assist and
encourage the provision of needed facilities for programs for
handicapped individuals primarily served by State rehabilitation
programs.
"(b) The Commissioner may, in accordance with this section and
subject to section 306, // 29 USC 776. // guarantee the payment of
principal and interest on loans made to nonprofit private entities by
non-Federal lenders and by the Federal Financing Bank for the
construction of rehabilitation facilities, including equipment used in
their operation.
"(c) In the case of a guarantee of any loan to a nonprofit private
entity under this section, the Commissioner shall pay, to the holder of
such loan and for and on behalf of the project for which the loan was
made, amounts sufficient to reduce by 2 percent per annum the net
effective interest rate otherwise payable on such loan. Each holder of
a loan which is guaranteed under this section shall have a contractual
right to receive from the United States interest payments required by
the preceding sentence.
"(d) The cumulative total of the principal of the loans outstanding
at any time with respect to which guarantees have been issued, or which
have beendirectly made, may not exceed $100,000,000.
"(e) (1) The Commissioner may not approve a loan guarantee for a
project under this section unless he determines that (A) the terms,
conditions, security (if any), and schedule and amount of repayments
with respect to the loan are sufficient to protect the financial
interests of the United States and are otherwise reasonable, including a
determination that the rate of interest does not exceed such per centum
per annum on the principal obligation outstanding as the Commissioner
determines to be reasonable, taking into account the range of interest
rates prevailing in the private market for similar loans and the risks
assumed by the United States, and (B) the loan would not be available on
reasonable terms and conditions without the guarantee under this
section.
"(2) (A) The United States shall be entitled to recover from the
applicant for a loan guarantee under this section the amount of any
payment made pursuant to such guarantee, unless the Commissioner for
good cause waives such right of recovery. Upon making any such payment,
the United States shall be subrogated to all of the rights of the
recipient of the payments with respect to which the guarantee was made.
"(B) To the extent permitted by subparagraph (C), any terms and
conditions applicable to a loan guarantee under this section (including
terms and conditions imposed under paragraph (1) may be modified by the
Commissioner to the extent he considers consistent with the interests of
the United States.
"(C) Any loan guarantee made by the Commissioner under this section
shall be incontestable (i) in the hands of an applicant on whose behalf
such guarantee is made unless the applicant engaged in fraud or
misrepresentation in securing such guarantee, and (ii) as to any person
(or his successor in interest) who makes or contracts to make a loan to
such applicant in reliance thereon unless such person (or his successor
in interest) engaged in fraud or misrepresentation in making or
contracting to make such loan.
"(D) Guarantees of loans under this section shall be subject to such
further terms and conditions as the Commissioner considers necessary to
assure that the purposes of this section will be achieved.
"(f) (1) There is established in the Treasury a loan guarantee fund
(hereinafter in this subsection referred to as the 'fund') which shall
be available to the Commissioner without fiscal year limitation, in such
amounts as may be specified from time to time in appropriation Acts--,
"(A) to enable him to discharge his responsibilities under loan
guarantees issued by him under this section; and
"(B) for payment of interest under subsection (c) on loans
guaranteed under this section.
There are authorized to be appropriated such amounts as may be necessary
to provide the sums required for the fund. There shall also be
deposited in the fund amounts received by the Commissioner in connection
with loan guarantees under this section and other property or assets
derived by him from his operations respecting such loan guarantees,
including any money derived from the sale of assets.
"(2) (A) If at any time the sums in the fund are insufficient to
enable the Commissioner--,
"(i) to make payments of interest under subsection (c); or
"(ii) to otherwise comply with guarantees under this section of
loans to nonprofit private entities;
he is authorized to issue to the Secretary of the Treasury notes or
other obligations in such forms and denominations, bearing such
maturities, and subject to such terms and conditions, as may be
prescribed by the Commissioner with the approval of the Secretary of the
Treasury.
"(B) Such notes or other obligations shall bear interest at a rate
determined by the Secretary of the Treasury, taking into consideration
the current average market yield on outstanding marketable obligations
of the United States of comparable maturities during the month preceding
the issuance of the notes or other obligations.
"(C) The Secretary of the Treasury shall purchase any notes and other
obligations issued under this paragraph, and for that purpose he may use
as a public debt transaction the proceeds from the sale of any
securities issued under the Second Liberty Bond Act. // 31 USC 774. //
The purposes for which securities may be issued under that Act are
extended to include any purchase of such notes and obligations. The
Secretary of the Treasury may at any time sell any of the notes or other
obligations acquired by him under this paragraph. All redemptions,
purchases, and sales by the Secretary of the Treasury of such notes or
other obligations shall be treated as a public debt transaction of the
United States.
"(D) Sums borrowed under this paragraph shall be deposited in the
fund and redemption of such notes and obligations shall be made by the
Commissioner from the fund.".
Sec. 114. Section 304 of the Rehabilitation Act of 1973 (as so
redesignated by section 109 (2) of this Act) is amended--,
(1) in subsection (a)--,
Commissioner,
in coordination with other appropriate programs in the
Department of Health, Education, and Welfare, is
authorized
to" and inserting in lieu thereof "the Commissioner
may";
rehabilitation"
after "vocational"; and
(C) by striking out "and" before "in performing" and
inserting in lieu thereof the following:", including
personnel
specially trained in providing employment assistance to
handicapped
individuals through job development and job placement
services, and personnel trained";
(2) in subsection (b)--,
(A) by inserting", rehabilitation psychiatry" after
"work"; and
development
and job placement services for handicapped
individuals,";
and
(3) by adding at the end the following new subsections:
"(c) The Commissioner shall evaluate the impact of the training
programs conducted under this section, shall determine training needs
for personnel necessary to provide services to handicapped individuals,
and shall develop a long-term rehabilitation manpower plan designed to
target resources on areas of personnel shortage.
"(d) (1) For the purpose of training a sufficient number of
interpreters to meet the communications needs of deaf individuals, the
Secretary, through the Office of Information and Resources for the
Handicapped, may award grants under this section to any public or
private nonprofit agency or organization to establish interpreter
training programs or to provide financial assistance for ongoing
interpreter training programs. Not more than twelve programs shall be
established or assisted by grants under this section. The Secretary
shall award grants for programs in such geographic areas throughout the
United States as the Secretary considers appropriate to best carry out
the purpose of this section. Priority shall be given to public or
private nonprofit agencies or organizations with existing programs that
have demonstrated their capacity for providing interpreter training
services.
"(2) No grant shall be awarded under this section unless the
applicant has submitted an application to the Secretary in such form,
and in accordance with such procedures, as the Secretary may require.
Any such application shall--,
"(A) describe the manner in which an interpreter training program
would be developed and operated during the five-year period
following the award of any grant under this section;
"(B) demonstrate the applicant's capacity or potential for
providing training for interpreters for deaf individuals;
"(C) provide assurances that any interpreter trained or
retrained under such program shall meet such minimum standards of
competency as the Secretary may establish for purposes of this
section;
"(D) provide assurances that (i) to the extent appropriate, the
applicant shall provide for the training or retraining (including
short-term and in-service training) of teachers who are involved
in providing instruction to deaf individuals but who are not
certified
as teachers of deaf individuals, and (ii) funds for such in-service
training shall be provided under this section only through funds
appropriated under the Education for All Handicapped Children Act;
// 20 USC 1401. //
and
"(E) contain such other information as the Secretary may
require.
"(d) There are authorized to be appropriated to carry out this
section $34,000,000 for the fiscal year ending September 30, 1979,
$40,000,000 for the fiscal year ending September 30,1980, $45,000,000
for the fiscal year ending September 30,1981, and $50,000,000 for the
fiscal year ending September 30, 1982. There are further authorized to
be appropriated for each such fiscal year such additional sums as the
Congress may determine to be necessary to carry out this section.".
Sec. 115. (a) The Rehabilitation Act of 1973 is amended by inserting
after section 304 the following new section:
" Sec. 305. // 29 USC 775. // (a) (1) In order to provide a focal
point in communities for the development and delivery of services
designed primarily for handicapped persons, the Commissioner may make
grants to any designated State unit to establish and operate
comprehensive rehabilitation centers. The centers shall be established
in order to provide a broad range of services to handicapped
individuals, including information and referral services, counseling
services, and job placement, health, educational, social, and
recreational services, as well as to provide facilities for recreational
activities.
"(2) To the maximum extent practicable, such centers shall provide,
upon request, to local governmental units and other public and private
nonprofit entities located in the area such information and technical
assistance (including support personnel such as interpreters for the
deaf) as may be necessary to assist those entities in complying with
this Act, particularly the requirements of section 504. // 29 USC 794.
//
"(b) No grant may be made under this section unless an application
therefor has been submitted to and approved by the Commissioner. The
Commissioner may not approve an application for a grant unless the
application--,
"(1) contains assurances that the designated State unit will
use funds provided by such grant in accordance with subsections
(c) and (d); and
"(2) contains such other information, and is submitted in such
form and in accordance with such procedures, as the Commissioner
may require.
"(c) (1) The designated State unit may--,
"(A) in accordance with subsection (e) make grants to units of
general purpose local government or to other public or nonprofit
private agencies or organizations and may make contracts with any
agency or organization to pay not to exceed 80 percent of the cost
of--,
rehabilitation
centers;
specified
in this subparagraph; and
"(B) directly carry out the activities described in
subparagraph (A), except that not more than 80 percent of the
costs of providing any comprehensive rehabilitation center may be
provided from funds under this section.
"(3) Funds made available to any designated State unit under this
section for the purpose of assisting in the operation of a comprehensive
rehabilitation center may be used to compensate professional and
technical personnel required to operate the center and to deliver
services in the center, and to provide equipment for the center.
"(d) (1) The designated State unit may approve a grant or enter into
a contract under subsection (c) only if the application for such grant
or contract meets the requirements specified in paragraphs (1), (2),
(4), and (5) of section 306 (b) // 29 USC 776. // and if the
application contains assurances that any facility assisted by such grant
or contract shall be in reasonably close proximity to the majority of
individuals eligible to use the comprehensive rehabilitation center.
"(2) Any designated State unit which directly provides for
comprehensive rehabilitation centers under subsection (c) (1) (B) shall
use funds under this section in the same manner as any other grant
recipient is required to use such funds.
"(e) If within 20 years after the completion of any construction
project for which funds have been paid under this section--,
"(1) the owner of the facility ceases to be a public or
nonprofit private agency or organization, or
"(2) the facility ceases to be used for the purposes for which
it was leased or constructed (unless the Commissioner determines,
in accordance withregulations, that there is good cause for
releasing the applicant or other owner from the obligation to do
so),
the United States shall be entitled to recover from the grant recipient
or other owner of the facility an amount which bears the same ratio to
the value of the facility (or so much thereof as constituted an approved
project or projects) at the time the United States seeks recovery as the
amount of such Federal funds bore to the cost of renovating the facility
under subsection (c) (1) (A) (ii). Such value shall be determined by
agreement of the parties or by action brought in the United States
district court for the district in which such facility is situated.
"(f) The requirements of section 306 shall not apply to funds
allotted under this section, except that subsections (g) and (h) of such
section shall be applicable with respect to such funds.
"(g) There are authorized to be appropriated to carry out this
section such sums as may be necessary for the fiscal year ending
September 30, 1979, and for the three succeeding fiscal years.".
(b) Section 306 (a) of the Rehabilitation Act of 1973 // 29 USC 776.
// is amended by inserting in the first sentence before the period ",
except as otherwise provided in section 305 (g)".
Sec. 116. Title III of the Rehabilitation Act of 1973 // 29 USC 770.
//
is amended--,
(1) by inserting after the title heading the following:
(2) by adding after section 306 the following new part:
" Sec. 310. (a) For the purpose of carrying out this part (other
than section 313), // 29 USC 777. // there are authorized to be
appropriated such sums as may be necessary for each fiscal year ending
before October 1, 1982.
"(b) Of the amounts appropriated for any fiscal year under subsection
(a), 5 percent of such amount shall be available in such fiscal year
only for the purpose of making grants under section 312. There is
further authorized to be appropriated for each such fiscal year such
additional amount as may be necessary to equal, when added to the amount
made available for the purpose of making grants under section 312, an
amount of $5,000,000 for each such fiscal year.
" Sec. 311. // 29 USC 777a. // (a) Subject to the provisions of
section 306, // 29 USC 776. // the Commissioner may make grants to
States and to public or nonprofit agencies and organizations to pay part
or all of the costs of special projects and demonstrations (including
related research and evaluation) for--,
"(1) establishing programs and, where appropriate, constructing
facilities for providing vocational rehabilitation services, which
hold promise of expanding or otherwise improving rehabilitation
services to handicapped individuals (especially those with the
most severe handicaps), including individuals with spinal cord
injuries and blind or deaf individuals, irrespective of age or
vocational potential, who can benefit from comprehensive services;
"(2) applying new types or patterns of services or devices for
handicapped individuals (including programs for providing
handicapped individuals, or other individuals in programs
servicing handicapped individuals, with opportunities for new
careers); and
"(3) operating programs and, where appropriate, renovating and
constructing facilities to demonstrate methods of making
recreational activities fully accessible to handicapped
individuals.
"(b) Any project or demonstration assisted by a grant under this
section which provides services to individuals with spinal cord injuries
shall--,
"(1) establish, on an appropriate regional basis, a
multidisciplinary system of providing vocational and other
rehabilitation services, specifically designed to meet the special
needs of individuals with spinal cord injuries, including acute
care as well as periodic inpatient or outpatient followup and
services;
"(2) demonstrate and evaluate the benefits to individuals with
spinal cord injuries served in, and the degree of cost
effectiveness of, such a regional system;
"(3) demonstrate and evaluate existing, new, and improved
methods and equipment essential to the care, management, and
rehabilitation of individuals with spinal cord injuries; and
"(4) demonstrate and evaluate methods of community out-reach
for individuals with spinal cord injuries and community education
in connection with the problems of such individuals in areas such
as housing, transportation, recreation, employment, and community
activities.
" Sec. 312. // 29 USC 777b. // The Commissioner, subject to the
provisions of section 306, // 29 USC 776. // is authorized to make
grants to any State agency designated pursuant to a State plan approved
under section 101, // 29 USC 721. // or to any local agency
participating in the administration of such a plan, to pay up to 90 per
centum of the cost of projects or demonstrations for the provision of
vocational rehabilitation services to handicapped individuals, as
determined in accordance with rules prescribed by the Secretary of
Labor, who are migratory agricultural workers or seasonal farmworkers,
and to members of their families (whether or not handicapped) who are
with them, including maintenance and transportation of such individuals
and members of their families where necessary to the rehabilitation of
such individuals. Maintenance payments under this section shall be
consistent with any maintenance payments made to other handicapped
individuals in the State under this Act. Such grants shall be
conditioned upon satisfactory assurance that in the provision of such
services there will be appropriate cooperation between the grantee and
other public or nonprofit agencies and organizations having special
skills and experience in the provision of services to migratory
agricultural workers, seasonal farmworkers, or their families. This
section shall be administered in coordination with other programs
serving migrant agricultural workers and seasonal farmworkers, including
programs under title I of the Elementary and Secondary Education Act of
1965, // 20 USC 241a // section 311 of the Economic Opportunity Act of
1964, // 42 USC 2861. // the Migrant Health Act, // 42 USC 247d. //
and the Farm Labor Contractor Registration Act of 1963. // 7 USC 2041 //
" Sec. 313. // 29 USC 777c. // (a) The purpose of this section is to
provide for the establishment and operation of the Hellen Keller
National Center for Deaf-Blind Youths and Adults. Any funds
appropriated under this part for construction of the Center shall remain
available until expended.
"(b) In order--,
"(1) to demonstrate methods of (A) providing the specialized
intensive services, and other services, needed to rehabilitate
handicapped individuals who are both deaf and blind, and (B)
training the professional and allied personnel needed adequately
to staff facilities specifically designed to provide such services
and training to such personnel who have been or will be working
with deaf-blind individuals;
"(2) to conduct research in the problems of, and ways of
meeting the problems of rehabilitating, deaf-blind individuals;
and
"(3) to aid in the conduct of related activities which will
expand or improve the services for or help improve public
understanding of the problems of deaf-blind individuals;
the Secretary, subject to the provisions of section 306, is authorized
to enter into an agreement with any public or nonprofit agency or
organization for payment by the United States of all or part of the
costs of the establishment and operation, including construction and
equipment, of a center for vocational rehabilitation of handicapped
individuals who are both deaf and blind, which center shall be known as
the Helen Keller National Center for Deaf-Blind Youths and Adults.
"(c) Any agency or organization desiring to enter into such agreement
shall submit a proposal therefor at such time, in such manner, and
containing such information as may be prescribed in regulations by the
Secretary. In considering such proposals the Secretary shall give
preference to proposals which (1) give promise of maximum effectiveness
in the organization and operation of the Helen Keller National Center,
and (2) give promise of offering the most substantial skill, experience,
and capability in providing a broad program of service, research,
training, and related activities in the field of rehabilitation of
deaf-blind individuals.
"(d) To the extent feasible the Helen Keller National Center for
Deaf-Blind Youths and Adults shall seek to recover from States, private
insurers, and other participating public and private agencies the costs
of services provided to individuals by the Center.
"(e) There are authorized to be appropriated to carry out this
section such sums as may be necessary for each fiscal year beginning
before October 1, 1982.
" Sec. 314. // 29 USC 777d. // (a) The Commissioner may award grants
to States or to private nonprofit agencies or organizations of national
scope (as so determined by the Commissioner) to--,
"(1) provide reading services to blind persons who are not
otherwise elgible for such services through other State or Federal
programs; and
(2) expand the quality and scope of reading services available
to blind persons, and to assure to the maximum extent possible
that the reading services provided under this Act will meet the
reading need of blind persons attending institutions providing
elementary, secondary, or post-secondary education, and will be
adequate to assist blind persons to obtain and continue in
employment.
Any State which receives a grant under this section shall administer the
reading services for which such grant is awarded through the designated
State unit of the State.
"(b) No grant shall be awarded under this section unless the
applicant has submitted an application to the Secretary in such form, at
such time, and containing such information as the Secretary may require.
"(c) For purposes of this section, the term 'reading services'
means--,
"(1) the employment of persons who, by reading aloud, can
afford blind persons ready access to printed information;
"(2) the transcription of printed information into braille or
sound recordings if such transcription is performed pursuant to
individual requests from blind persons for such services;
"(3) the storage and distribution of braille materials and
sound recordings;
"(4) the purchase, storage, and distribution of equipment and
materials necessary for the production, duplication, and
reproduction of braille materials and sound recordings;
"(5) the purchase, storage, and distribution of equipment to
blind persons to provide them with individual access to printed
materials by mechanical or electronic means; and
"(6) radio reading services for blind persons.
" Sec. 315. // 29 USC 777e. // (a) The Commissioner may make grants
to designated State units to establish within each State a program of
interpreter services (including interpreter referral services) which
shall be made available to deaf individuals and to any public agency or
private nonprofit organization involved in the delivery of assistance or
services to deaf individuals.
"(b) No grant may be made under this section unless an application
therefor is submitted to the Commissioner in such form, at such times,
and in accordance with such procedures as the Commissioner may require.
Such application shall--,
"(1) provide assurances that the program to be conducted under
this section will be operated in areas within the State which are
specifically selected to provide convenient locations for the
provision of services to the maximum number of deaf individuals
feasible;
"(2) include a plan which describes, in sufficient detail, the
manner in which interpreter referral services will be coordinated
with the information and referral programs required under section
101 (a) (22);
"(3) provide assurances that the program will seek to enter
into contractual or other arrangements, to the extent appropriate,
with private nonprofit organizations comprised of primarily
hearing-impaired individuals (or private nonprofit organizations
which have the primary purpose of providing assistance or services
to hearing-impaired individuals) for the operation of such
programs;
"(4) provide that any interpreter participating in the program
shall be required to meet minimum standards established by the
Commissioner; and
"(5) contain such other information as the Secretary may
require.
"(c) Any designated State unit receiving funds under this section may
provide interpreter services, without cost, for a period of not to
exceed one year to any public agency or private nonprofit organization
which provides assistance to deaf individuals. At the end of such
period, agencies or organizations receiving such services through
referals shall reimburse the designated State unit for the costs of such
services. Funds may also be used for the purchase or rental of
equipment necessary to provide assistance or services to deaf
individuals.
"(d) Funds provided to any designated State unit for any program
under this section shall not be used for any administrative or related
costs, nor shall such funds be used for assistance to deaf individuals
who are receiving rehabilitation services under any other provision of
this Act.".
" Sec. 316. // 29 USC 777f. // The Commissioner, subject to the
provisions of section 306, shall make grants to State and public
nonprofit agencies and organizations for paying part or all of the cost
of initiation of recreation programs to provide handicapped individuals
with recreational activities to aid in the mobility and socialization of
such individuals. The activities authorized to be assisted under this
section may include, but are not limited to, scouting and camping, 4-H
activities, sports, music, dancing, handicrafts, art and homemaking. No
grant may be made under the provisions of this section unless the
agreement with respect to such grant contains provisions to assure that,
to the extent possible, existing resources will be used to carry out the
activities for which the rant is to be made, and that with respect to
children the activities for which the grant is to be made will be
conducted after school.
Sec. 117. The Rehabilitation of 1973 // 29 USC 701 // is amended by
striking out title IV and inserting in lieu thereof the following new
title:
HANDICAPPED
" Sec. 400. // 29 USC 780. // (a) There is established with the
Department of Health, Education, and Welfare a National Council on the
Handicapped (hereinafter in this title referred to as the ' National
Council'), which shall be composed of fifteen members appointed by the
President, by and with the advice and consent of the Senate. The
members of the National Council shall be appointed so as to be
representative of handicapped individuals, national organizations
concerned with the handicapped, providers and administrators of services
to the handicapped, individuals engaged in conducting medical or
scientific research relatiing to handicapped individuals, or parents or
guardians of handicapped individuals.
"(b)(1) Members of the National Council shall be appointed to serve
for terms of three years, except that of the members first appointed--,
"(A) five shall serve for terms of one year,
"(B) five shall serve for terms of two years, and
"(C) five shall serve for terms of three years,
as designated by the President at the time of appointment.
"(2) Members may be reapponted and may serve after the expiration of
their terms until their successors have taken office.
"(3) Any member appointed to fill a vacancy occurring before the
expiration of the term for which his predecessor was appointed shall be
appointed only for the remainder of such term.
"(c) The President shall designate the Chairman from among the
members appointed to the National Council. The National Council shall
meet at the call of the Chairman, but not less often than four times
each year.
"(d) Eight members of the National Council shall constitute a quorum
and any vacancy in the National Council shall not affect its power to
function.
" Sec. 401. // 29 USC 781. // The National Council shall--,
"(1) establish general policies for, and review the operation
of, the National Institute of Handicapped Research;
"(2) provide advice to the Commissioner with respect to the
policies of and conduct of the Rehabilitation Services
Administration;
"(3) advise the Commissioner, the appropriate Assistant
Secretary of the Department of Health, Education, and Welfare, and
the Director of the National Institute of Handicapped Research on
the development of the programs to be carried out under this Act;
"(4) review and evaluate on a continuing basis all policies,
programs, and activities concerning handicapped individuals and
persons with developmental disabilities conducted or assisted by
Federal departments and agencies, including programs established
or assisted under this Act or under the Developmental Disabilities
Assistance and Bill of Rights Act, in order to assess the
effectiveness of such policies, programs, and activities in
meeting the needs of handicapped individuals;
"(5) make recommendations to the Secretary, the Commissioner,
and the Director of the National Institute of Handicapped Research
respecting ways to improve research concerning handicapped
individuals, the administration of services for handicapped
individuals, and the methods of collecting and disseminating the
findings of such research, and make recommendations for
facilitating the implementation of programs based upon such
findings; and
"(6) submit not later than March 31 of each year (beginning in
1980) an annual report to the Secretary, the Congress, and the
President, containing (A) a statement of the current status of
research concerning the handicapped in the United States, (B) a
review of the activities of the Rehabilitation Services
Administration and the National Institute of Handicapped Research,
and (C) such recommendations respecting the items described in
clauses (A) and (B) as the National Council considers appropriate.
" Sec. 402. // 29 USC 782. // (a) Members of the National Council
shall be entitled to receive compensation at a rate equal to the rate of
basic pay payable for grade GS-18 of the General Schedule under section
5332 of title 5, United States Code, including traveltime, for each day
they are engaged in the performance of their duties as members of the
National Council.
"(b) Members of the National Council who are full-time officers or
employees of the United States shall receive no additional pay on
account of their service on the National Council except for compensation
for travel expenses as provided under subsection (c) of this section.
"(c) While away from their homes or regular places of business in the
performance of services for the National Council, members of the
National Council shall be allowed travel expenses, including per diem in
lieu of subsistence, in the same manner as persons employed
intermittently in the Government service are allowed expenses under
section 5703 of title 5, United States Code.
" Sec. 403. // 29 USC 783. // (a) The National Council may appoint,
without regard to the provisions of title 5, United States Code, // 5
USC 5101 // governing appointments in the competitive service, or the
provisions of chapter 51 and subchapter III of chapter 53 of such title
// 5 USC 5331. // relating to classification and General Schedule pay
rates, up to seven technical and professional employees to assist the
National Council to carry out its duties.
"(b) The National Council may procure temporary and intermittent
services to the same extent as is authorized by section 3109(b) of title
5, United States Code (but at rates for individuals not to exceed the
daily equivalent of the annual rate of basic pay payable for grade GS-18
of the General Schedule under section 5332 of title 5, United States
Code).
"(c) The Administrator of General Services shall provide to the
National Council on a reimbursable basis such administrative support
services as the Council may request.
" Sec. 404. // 29 USC 784. // (a) The National Council may prescribe
such bylaws and rules as may be necessary to carry out its duties under
this title.
"(b) The National Council may hold such hearings, sit and act at such
times and places, take such testimony, and receive such evidence as it
deems advisable.
"(c) The National Council may appoint advisory committees to assist
the National Council in carrying out its duties. The members thereof
shall serve without compensation.
"(d) The National Council may use the United States mails in the same
manner and upon the same conditions as other departments and agencies of
the United States.
" Sec. 405. // 29 USC 785. // There are authorized to be
appropriated to carry out this title such sums as may be necessary.".
BOARD
Sec. 118. (a)(1) Section 502(a) of the Rehabilitation Act of 1973 is
amended to read as follows:
" Sec. 502. // 29 USC 792. // (a)(1) There is established within the
Federal Government the Architectural and Transportation Barriers
Compliance Board (hereinafter referred to as the ' Board') which shall
be composed as follows:
"(A) Eleven members shall be appointed by the President from
among members of the general public of whom five shall be
handicapped individuals.
"(B) The remaining members shall be the heads of each of the
following departments or agencies (or their designees whose
positions are executive level IV or higher):
The President shall appoint the first Chairman of such Board who shall
serve for a term of not more than two years; thereafter, the Chairman
shall be elected by a vote of a majority of the Board for a term of one
year.
"(2) The term of office of each appointed member of the Board shall
be three years; except that (i) the members first taking office shall
serve, as designated by the President at the time of appointment, four
for a term of one year, four for a term of two years, and three for a
term of three years, and (ii) any member appointed to fill a vacancy
shall serve for the remainder of the term for which his predecessor was
appointed.
"(3) If any appointed member of the Board becomes a Federal employee
such member may continue as a member of the Board for not longer than
the sixty-day period beginning on the date he becomes such an employee.
"(4) No individual appointed under paragraph (1) (A) of this
subsection who has served as a member of the Board may be reappointed to
the Board more than once unless such individual has not served on the
Board for a period of two years prior to the effective date of such
individual's appointment.
"(5)(A) Members of the Board who are not regular full-time employees
of the United States shall, while serving on the business of the Board,
be entitled to receive compensation at rates fixed by the President, but
not to exceed the daily rate prescribed for GS-18 under section 5332 of
title 5, United States Code, including traveltime, for each day they are
engaged in the performance of their duties as members of the Board; and
shall be entitled to reimbursement for travel, subsistence, and other
necessary expenses incurred by them in carrying out their duties under
this section.
"(B) Members of the Board who are employed by the Federal Government
shall serve without compensation, but shall be reimbursed for travel,
subsistence, and other necessary expenses incurred by them in carrying
out their duties under this section.".
(b)(1) Section 502(b)(1) of the Rehabilitation Act of 1973 // 29 USC
792. // is amended to read as follows:"(1) insure compliance with the
standards prescribed pursuant to the Act of August 12, 1968, commonly
known as the Architectural Barriers Act of 1968 // 42 USC 4151 //
(including the application of that Act to the United States Postal
Service) including but not limited to enforcing all standards under that
Act, and insuring that all waivers and modifications of standards are
based upon findings of fact and are not inconsistent with the provisions
of such Act and this section;".
(2) Section 502(b)(2) of the Rehabilitation Act of 1973 is amneded by
inserting "communication," before "and attitudinal", and by inserting
"telecommunication devices," before "public buildings"; and
(3) Section 502(b) of the Rehabilitation Act of 1973 is amended by
striking out "and" at the end of clause (5), by striking out the period
at the end of clause (6) and inserting in lieu thereof a semicolon, and
by adding at the end thereof the following new clauses: "(7) establish
minimum guidelines and requirements for the standards issued pursuant to
the Act of August 12, 1968, as amended, commonly known as the
Architectural Barriers Act of 1968; and (8) insure that public
conveyances, including rolling stock, are readily accessible to, and
usable by, physically handicapped persons.".
(c)(1) The first sentence of section 502(d) of the Rehabilitation Act
of 1973 is amended by striking out "or contracts with", and by inserting
after "organizations" "or contracts with private nonprofit or forprofit
organizations".
(2) The second sentence of section 502(d) of the Rehabilitation Act
of 1973 is amended by striking out " The" and inserting in lieu thereof
" Except as provided in paragraph (3) of subsection (e), the".
(3) The last sentence of section 502(d) of the Rehabilitation Act of
1973 is amended by inserting "or public conveyance or rolling stock"
after "building" and by striking out "prescribed pursuant to the Act
cited in subsection (b) of this section" and inserting in lieu thereof
"enforced under this section".
(4) Section 502(d) of the Rehabilitation Act of 1973 // 29 USC 792.
// is amended by adding at the end thereof the following new sentence:
Pursuant to chapter 7 of title 5, United States Code, // 5 USC 701 //
any compainant or participant in a proceeding under this subsection may
obtain review of a final order issued in such proceeding.
(5) Section 502(d) of the Rehanbilitation Act of 1973 is further
amended by inserting "(1)" after the subsection designation and by
adding at the end thereof the following new paragraphs:
"(2) The executive director is authorized, at the direction of the
Board--,
"(A) to bring a civil action in any appropriate United States
district court to enforce, in whole or in part, any, final order
of the Board under this subsection; and
"(B) to intervene, appear, and participate, or to appear as
amicus curiae, in any court of the United States or in any court
of a State in civil actions which related to this section or to
the Architectural Barriers Act of 1968.
// 42 USC 4151 // Except as provided in section 518(a) of title 28,
United States Code, relating to litigation before the Supreme Court, the
executive director may appear for and represent the Board in any civil
litigation brought under this section.".
"(3) The Board, in consultation and coordination with other concerned
Federal departments and agencies and agencies within the Department of
Health, Education, and Welfare, shall develop standards and provide
appropriate technical assistance to any public or private activity,
person, or entity affected by regulations prescribed pursuant to this
title with respect overcoming to architctural, transportation, and
communication barriers. Any funds appropriated to any such department
or agency for the purpose of providing such assistance may be
transferred to the Board for the purpose of carrying out this paragraph.
The Board may arrange to carry out its responsibilities under this
paragraph through such other departments and agencies for such periods
as the Board determines is appropriate. In carrying out its technical
assistance responsibilities under thisparagraph, the Board shall
establish a procedure to insure separation of its compliance and
technical assistance responsibilities under this section.".
(d) Section 502(e) of the Rehabilitation Act of 1973 is amended by
inserting "(1)" after the subsection designation and by adding at the
end thereof the following new paragraphs:
"(2) The Exectuive Director shall exercise general supervision over
all personnel employed by the Board (other than hearing examiners and
their assistants). The Executive Director shall have final authority on
behalf of the Board, with respect to the investigation of alleged
noncompliance in the issuance of formal complaints before the Board.
and shall be the final order for the purpose of judicial review.".
(e) Section 502 of the Rehabilitation Act of 1973 is amended by
striking out subsection (h) and inserting in lieu thereof the following
new subsections:
"(h)(1) Within one year following the enactment of this subsection,
the Board shall submit to the President and the Congress a report
containing an assessment of the amounts required to be expended by
States and by political subdivisions thereof to provide handcapped
individuals with full access to all programs and activities receiving
Federal assistance.
"(2) The Board may make grants to, or enter into contracts with,
public or private organizations to carry out its duties under
subsections (b) and (c). The Board may also make grants to any
designated State unit for the purpose of conducting studies to provide
the cost assessments required by paragraph (1). Before including in
such report the findings of any study conducted for the Board under a
grant or contract to provide the Board with such cost assessments, the
Board shall take all necessary steps to validate the accuracy of any
such findings.
"(i) There are authorized to be appropriated for the purpose of
carrying out the duties and functions of the Board under this section
such sums as may be necessary for each fiscal year ending before October
1, 1982, but in no event shall the amount appropriated for any one
fiscal year exceed $3,000,000.".
ACTIVITIES
Sec. 119. Section 504 of the Rehabilitation Act of 1973 // 29 USC
794 // is amended--,
(1) in the section heading by inserting " AND PROGRAMS" after "
GRANTS"; and
(2) by striking out the period at the end thereof and inserting
in lieu thereof "or under any program or activity conducted by any
Executive agency or by the United States Postal Service. The head
of each such agency shall promulgate such regulations as may be
necessary to carry out the amendments to this section made by the
Rehabilitation, Comprehensive Services, and Developmental
Disabilities Act of 1978. Copies of any proposed regulation shall
be submitted to appropriate authorizing committees of the
Congress, and such regulation may take effect no earlier than the
thirtieth day after the date on which such regulation is so
submitted to such committees.".
Secretarial
DUTIES
Sec. 120. (a) Title V of the Rehabilitation Act of 1973 is amended by
adding at the end thereof the following new sections:
" Sec. 505. (a)(1) The remedies, procedures, and rights set forth in
section 717 of the Civil Rights Act of 1964 // 29 USC 794a // (42 U.
S.C. 2000e-16), including the application of sections 706 (f) through
706 (k) (42 U.S.C. 2000e-5 (f) through (k)), shall be available, with
respect to any comlaint under section 501 of this Act, // 29 USC 791.
// to any employee or applicant for employment aggrieved by the final
disposition of such complaint, or by the failure to take final action on
such complaint. In fashioning an equitable or affirmative action remedy
under such section, a court may take into account the reasonableness of
the cost of any necessary work place accommodation, and the availability
of alternatives therefor or other appropriate relief in order to achieve
an equitable and appropriate remedy.
"(2) The remedies, procedures, and rights set forth in title VI of
the Civil Rights Act of 1964 // 42 USC 2000d. // shall be available to
any person aggrieved by any act or failure to act by any recipient of
Federal assistance or Federal provider of such assistance under section
504 of this Act. // 29 USC 794. //
"(b) In any action or proceeding to enforce or charge a violation of
a provision of this title, the court, in its discretion, may allow the
prevailing party, other than the United States, a reasonable attorney's
fee as part of the costs.
" Sec. 506. // 29 USC 794b. // (1) The Secretary may provide
directly or by contract with State vocational rehabilitation agencies or
experts or consultants or groups thereof, technical assistance--,
"(A) to persons operating rehabilitation facilities; and
"(B) with the concurrence of the Board established by section
502, to any public or nonprofit agency, institution, or
organization;
for the purpose of assisting such persons or entities in removing
architectural, transportation, or communication barriers. Any
concurrence of the Board under this paragraph shall reflect its
consideration of the cost studies carried out by States under section
502(c)(1).
"(2) Any such experts or consultants, while serving pursuant to such
contracts, shall be entitled to receive compensation at rastes fixed by
the Secretary, but not exceeding the daily equivalent of the rate of
basic pay payable for grade GS-18 of the General Schedule, under section
5332 of title 5, United States Code, including traveltime, and while so
serving away from their homes or regular places of business, they may be
allowed trave expenses, including per diem in lieu of subsistence, as
authorized by section 5703 of title 5, United States Code, for persons
in the Government service employed intermittently.
"(3) The Secretary, with the concurrence of the Board and the
President may provide, directly or by contract, financial assistance to
any public or nonprofit agency, institution, or organization for the
purpose of removing architectural, transportation, and communication
barriers. No assistance may be provided under this paragraph until a
study demonstrating the need for such assistance has been conducted and
submitted under section 502(h)(2) of this title."
"(4) In order to carry out this section, there are authorized to be
appropriated such sums as may be necessary.".
" Sec. 507. // 29 USC 794c // There shall be established an
Interagency Coordinating Council (hereinafter referred to in this
section as the ' Council') composed of the Secretary of Health,
Education, and Welfare, the Secretary of Labor, the Attorney General,
the Chairman of the United States Civil Service Commission, the Chairman
of the Equal Employment Opportunity Commission, and the Chairman of the
Architectural and Transportation Barriers Compliance Board. The Council
shall have the responsibility for developing and implementing
agreements, policies, and practices designed to maximize effort, promote
efficiency, and eliminate conflict, competition, duplication, and
inconsistencies among the operations, functions, and jurisdictions of
the various departments, agencies, and branches of the Federal
Government responsible for the implementation and enforcement of the
provisions of this title, and the regulations prescribed thereunder. On
or before July 1 of each year, the Council shall transmit to the
President and to the Congress a report of its activities, together with
such recommendations for legislative or administrative changes as it
concludes are desirable to further promote the purposes of this section.
Nothing in this section shall impair any responsibilities assigned by
any Executive Order to any Federal department, agency, or
instrumentality to act as a lead Federal agency with respect to any
provisions of this title.".
Sec. 121. The Rehabilitation Act of 1973 // 29 USC 701 // is amended
by inserting after section 10 the following new section:
" Sec. 11. The provisions of the Act of December 5, 1974, // 29 USC
710. // (Public Law 93 - 510) and of title V of the Act of October 15,
1977 // 42 USC 4251 // (Public Law 95 - 134) shall not apply to the
administration of the provisions of this Act // 48 USC 1469a // or to
the administration of any program or activity under this Act.".
Sec. 122. (a) The Rehabilitation Act of 1973 // 29 USC 701. // is
amended--,
(1) by amending section 2 to read as follows:
" Sec. 2. The purpose of this Act is to develop and implement,
through research, training, services, and the guarantee of equal
opportunity, comprehensive and coordinated programs of vocational
rehabilitation and independent living.".
(2) in section 3(a)
// 29 USC 702. //
by inserting "and part A of title VI" after "titles IV and V", and
by inserting at the end thereof the following: " Any reference in
this Act to duties to be carried out by the Commissioner shall be
considered to be a reference to duties to be carried out by the
Secretary acting through the Commissioner. In carrying out any of
his functions under this Act, the Commissioner
shall be guided by general policies of the National Council
on the Handicapped established under title IV of this Act.";
(3) by striking out section 3(b) and redesignating section 3(
c) as 3(b);
(4) in section 7(3)
// 29 USC 706. //
by striking out "and the initial equipment" and all that follows
through the period and inserting in lieu thereof "and may include
such additional equipment and staffing as the Commissioner
considers appropriate.";
(5) in section 7(4)(B) by inserting after "medical" comma and
the word "psychiatric";
(6) in section 7(6)--,
subparagraph
(B), the term";
"(B)" after
"and" and inserting in lieu thereof "(ii)"; and
the
end the following new subparagraph:
"(B) Subject to the second sentence of this subparagraph, the term
'handicapped individual' means, for purposes of titles IV and V of this
Act, any person who (i) has a physical or mental impairment which
substantially limits one or more of such person's major life activities,
(ii) has a record of such an impairment, or (iii) is regarded as having
such an impairment. For purposes of sections 503 and 504 // 29 USC 793,
794. // as such sections relate to employment, such term does not
include any individual who is an alcoholic or drug abuser whose current
use of alcohol or drugs prevents such individual from performing the
duties of the job in question or whose employment, by reason of such
current alcohol or drug abuse, would constitute a direct threat to
property or the safety of others.";
(7) in section 7(10)--,
// 29 USC 706. //
subparagraph
(A) thereof; and
(8) in section 7 by (A) redesignating paragraphs (3) through
(14) as paragraphs (4) through (15), respectively and (B)
inserting after paragraph (2) the following new paragraph:
"(3) The term 'designated State units' means (A) any State agency
unit required under section 101(a)(2)(A) of this Act, // 29 USC 721. //
or (B) in cases in which no such unit is so required, the State agency
described in section 101(a)(B)(i) of this Act."
(9) in section 10
// 29 USC 709. //
by inserting before the period at the end thereof the following:
"except that this section shall not be construed to limit or
reduce fees for services rendered by rehabilitation facilities";
(10) by adding after section 11 (as added by section 121 of
this Act) the following new sections:
Sec. 12. (a) In carrying out the purposes of this Act, // 29 USC
711. // the Commissioner may--,
"(1) provide consultative services and technical assistance to
public or nonprofit private agencies and organizations;
"(2) provide short-term training and technical instruction;
"(3) conduct special projects and demonstrations;
"(4) collect, prepare, publish, and disseminate special
educational or informational materials, including reports of the
projects for which funds are provided under this Act; and
National Council on the Handicapped.
"(b) In carrying out his duties under this Act, the Commissioner may
utilize the services and facilities of any agency of the Federal
Government and of any other public or nonprofit agency or organization,
in accordance with agreements between the Commissioner and the head
thereof, and may pay therefor, in advance or by way of reimbursement, as
may be provided in the agreement.
"(c) The Commissioner may promulgate such regulations as he considers
appropriate to carry out his duties under this Act.
"(d) There are authorized to be appropriated to carry out this
section such sums as may be necessary.
Sec. 13. // 29 USC 712. // Not later than one hundred and twenty
days after the close of each fiscal year, the Commissioner shall prepare
and submit to the President for transmittal to the Congress a full and
complete report on the activities carried out under this Act. Such
annual reports shall include statistical data reflecting services and
activities provided individuals during the preceding fiscal year.
" Sec. 14. // 29 USC 713. // (a) The Secretary shall evaluate the
impact of all programs authorized by this Act, their general
effectiveness in achieving stated goals, and their effectiveness in
relation to their cost, their impact on related programs, and their
structure and mechanisms for delivery of services, including, where
appropriate, comparisons with appropriate control groups composed of
persons who have not participated in such programs. Evaluations shall
be conducted by persons not immediately involved in the administration
of the program or project evaluated.
"(b) In carrying out evaluations under this section, the Secretary
shall, whenever possible, arrange to obtain the opinions of program and
project participants about the strengths and weakneses of the programs
and projects.
"(c) The Secretary shall annually publish summaries of the results of
evaluative research and evaluation of program and project impact and
effectiveness, the full contents of which shall be available to the
Congress and the public.
"(d) The Secretary shall take the necessary action to assure that all
studies, evaluations, proposals, and data produced or developed with
Federal funds shall become the property of the United States.
"(e) Such information as the Secretary may deem necessary for
purposes of the evaluations conducted under this section shall be made
available to him, upon request, by the departments and agencies of the
executive branch.
"(f) There are authorized to be appropriated to carry out this
section such sums as may be necessary.
" Sec. 15. // 29 USC 714. // (a) The Secretary may establish a
central clearinghouse for information and resource availability for
handicapped individuals which shall provide information and data
regarding (1) the location, provision, and availability of services and
programs for handicapped individuals, (2) research and recent medical
and scientific developments bearing on handicapping conditions (and
their prevention, amelioration, causes, and cures), and (3) the current
numbers of handicapped individuals and their needs. The clearinghouse
shall also provide any other relevant information and data which the
Secretary considers appropriate.
"(b) The Commissioner may assist the Secretary to develop within the
Department of Health, Education, and Welfare a coordinated system of
information and data retrieval, which will have the capacity and
responsibility to provide information regarding the information and data
referred to in subsection (a) of this section to the Congress, public
and private agencies and organizations, handicapped individuals, and
their families, professionals in fields serving such individuals, and
the general public.
"(c) Any office established to carry out the provisions of this
section shall be known as the " Office of Information and Resources for
the Handicapped".
"(d) There are authorized to be appropriated to carry out this
section such sums as may be necessary.
" Sec. 16. No funds appropriated under this Act // 29 USC 715. //
for any research program or activity may be used for any purpose other
than that for which the funds were specifically authorized.".
(b) Title I of the Rehabilitation Act of 1973 // 29 USC 721, 722, 730
- 732, 740, 741. // is further amended--,
(1) in parts A through C by striking out " Secretary" in each
place it appears and inserting in lieu thereof " Commissioner";
and
(2) in section 121(a)
// 29 USC 770. //
by inserting after the first sentence the following new sentence:
" Payments may also be made under this section for the costs of
the construction of facilities to be used in providing services
under such State plan if provision for such construction is
included in such State plan.".
(c) Title III of the Rehabilitation Act of 1973 is further amended--,
(1) in section 300--,
// 29 USC 770. //
Commissioner
deems appropriate";
(2) in section 301
// 29 USC 771. //
by striking out "initial" each place it appears and by striking
out " Secretary" in each place it appears and inserting lieu
thereof " Commissioner";
(3) in section 302
// 29 USC 772. //
by striking out " Secretary" in each place it appears and
inserting in lieu thereof " Commissioner";
(4) in subsections (a), (c), (e), (f), and (i) of section 306
// 29 USC 776. //
by striking out " Secretary" in each place it appears and
inserting in lieu thereof " Commissioner";
(5) by amending paragraph (3) of section 306(b) to read as
follows:
"(3) provide that the agency or organization receiving Federal
funds under this title will make an annual report to the
Commissioner, which the Commissioner shall submit to the Secretary
for inclusion (in summarized form) in the annual report submitted
to the Congress under section 13;";
(6) in paragraph (4) of section 306(b) by striking out "
Secretary" where it first occurs and inserting in lieu thereof "
Commissioner"; and
(7) by striking out " SPECIAL FEDERAL RESPONSIBILITIES" in the
title
// 29 USC prec. 770. //
heading and inserting in lieu thereof " SUPPLEMENTARY SERVICES AND
FACILITIES".
(d) Title V of the Rehabilitation Act of 1973 is further amended--,
(1) in section 503(a),
// 29 USC 793. //
by striking out "as defined in section 7(6)"
// 29 USC 706. //
and inserting in lieu thereof "as defined in section 7(7); and
(2) in section 504,
// 29 USC 794. //
by striking out "as defined in section 7(6)" and inserting in lieu
thereof "as defined in section 7(7)".
(e) Section 412 of the Nergy Conservation and Production Act // 42
USC 6862. // is amended by striking out "as defined in section 7(6)"
and inserting in lieu thereof "as defined in section 7(7)".
(f) Section 1904 of title 38, United States Code, is amended--,
(1) by striking out "section 202(b)(2)" and inserting in lieu
thereof "and section 204(b)(2)"; and
(2) by striking out ",and section 405" and all that follows
through "activities)".
(g) The table of contents for the Rehabilitation Act of 1973 // 29
USC 701 // is amended--,
(1) by inserting after the item relating to section 10 the
following new items:
" Sec. 11. Application of other laws. " Sec. 12. Administration of the
Act. " Sec. 13. Reports. " Sec. 14. Evaluation. " Sec. 15.
Information clearinghouse. " Sec. 16. Transfer of funds.";
(2) by striking out the items relating to part D of title I and
section 130 and inserting in lieu thereof the following:
Services
" Sec. 130. Vocational rehabilitation services grants. " Sec. 131.
Evaluation.
(3) by striking out the items relating to titles II and III and
to sections 200 through 204 and 300 through 306 and inserting in
lieu thereof the following:
" Sec. 200. Declaration of purpose. " Sec. 201. Authorization of
appropriations. " Sec. 202. National Institute of Handicapped Research.
" Sec. 203. Interagency committee. " Sec. 204. Research.
" Sec. 300. Declaration of purpose. " Sec. 301. Grants for
construction of rehabilitation facilities. " Sec. 302. Vocational
Training Services for handicapped individuals. " Sec. 303. Loan
guarantees for rehabilitation facilities. " Sec. 304. Training. " Sec.
305. Comprehensive rehabilitation centers. " Sec. 306. General grant
and contract requirements.
" Sec. 310. Authorization of appropriations. " Sec. 311. Special
demonstration programs. " Sec. 312. Migratory workers. " Sec. 313.
Helen Keller National Center. " Sec. 314. Reader services for the
blind. " Sec. 315. Interpreter services for the deaf. " Sec. 316.
Special Recreational Programs."
(4) by striking out the items relating to title IV and sections
400 through 407 and inserting in lieu thereof the following:
" Sec. 400. Establishment of National Council on the Handicapped " Sec.
401. Duties of National Council. " Sec. 402. Compensation of National
Council members. " Sec. 403. Staff of National Council. " Sec. 404.
Administrative powers of National Council. " Sec. 405. Authorization of
appropriations.";
and
(5) by adding at the end of the items relating to title V the
following new items:
" Sec. 505. Remedies and attorneys' fees. " Sec. 506. Secretarial
responsibilities. " Sec. 507. Interagency Coordinating Council.".
INDUSTRY
Sec. 201. The Rehabilitation Act of 1973 // 29 USC 701 // is amended
by adding at the end thereof the following new title:
" Sec. 601. // 29 USC 795 // This title may be cited as the '
Employment Opportunities for Handicapped Individuals Act'.
" Sec. 611. // 29 USC 795 // (a) In order to promote useful
opportunities in community service activities for handicapped
individuals who have poor employment prospects, the Secretary of Labor
(hereinafter in this part referred to as the ' Secretary') is authorized
to establish a community service employment pilot program for
handicapped individuals. For purposes of this part, the term 'eligible
individuals' means persons who are handicapped individuals (as defined
in section 7(7) of this Act) and who are referred to programs under this
part by designated State units.
"(b)(1) The Secretary may enter into agreements with public or
private nonprofit agencies or organizations, including national
organizations, agencies of a State government or a political subdivision
of a State (having elected or duly appointed governing officials), or a
combination of such political subdivisions, or tribal organizations in
order to carry out the pilot program referred to in subsection (a). Such
agreements may include provisions consistent with subsection (c) for the
payment of the costs of projects developed by such organizations and
agencies in cooperation with the Secretary. No payment shall be made by
the Secretary toward the cost of any such project unless the Secretary
determines that:
"(A) Such project will provide employment only for eligible
individuals, except that if eligible individuals are not available
to serve as technical, administrative, or supervisory personnel
for a project then such personnel may be recruited from among
other individuals.
"(B) Such project will provide employment for eligible
individuals in the community in which such individuals reside, or
in nearby communities.
"(C) Such project will employ eligible individuals in services
related to publicly owned and operated facilites and projects, or
projects sponsored by organizations, other than political parties,
exempt from taxation under section 501(c)(3) of the Internal
Revenue Code of 1954,
// 26 USC 501. //
except for projects involving the construction, operation, or
maintenance of any facility used or to be used as a place for
sectarian religious instruction or worship.
"(D) Such project will contribute to the general welfare of the
community in which eligible individuals are employed under such
project.
"(E) Such project (i) will result in an increase in employment
opportunities over those opportunities which would otherwise be
available, (ii) will not result in any displacement of currently
employed workers (including partial displacement, such as a
reduction in the hours of nonovertime work or wages or employment
benefits), and (iii) will not impair existing contracts or result
in the substitution of Federal funds for other funds in connection
with work that would otherwise be performed.
"(F) Such project will not employ any eligible individual to
perform work which is the same or substantially the same as that
performed by any other person who is on layoff from employment
with the agency or organization sponsoring such project.
"(G) Such priject will utilizer methods of recriutment and
selection (including the listing of job vacancies with the State
agency units designated under section 101(a)(2)(A)
// 29 USC 721. //
to administer vocational rehabilitation services under this Act)
which will assure that the maximum number of eligible individuals
will have an opportunity to participate in the project.
"(H) Such project will provide for (i) such training as may be
necessary to make the most effective use of the skills and talents
of individuals who are participating in the project, and (ii)
during the period of such training, a reasonable subsistence
allowance for such individuals and the payment of any other
reasonable expenses related to such training.
"(I) Such project will provide safe and healthy working
conditions for any eligible individual employed under such project
and will pay any such individual at a rate of pay not lower than
the rate of pay described in paragraph (2).
"(J) Such project will be established or administered with the
advice of (i) persons competent in the field of service in which
employment is being provided, and (ii) persons who are
knowledgeable with regard to the needs of handicapped individuals.
"(K) Such project will pay any reasonable costs for
work-related expenses, transportation, and attendant care incurred
by eligible individuals employed under such project in accordance
with regulations prescribed by the Secretary.
"(L) Such project will provide appropriate placement services
for employees under the project to assist them in locating
unsubsidized employment when the Federal assistance for the
project terminates.
"(2) The rate of pay referred to in subparagraph (I) of paragraph (1)
is the highest of the following:
"(A) the prevailing rate of pay for persons employed in similar
occupations by the same employer.
"(B) The minimum watge which would be applicable to the
employee under the Fair Labor Standards Act of 1938
// 29 USC 201. //
if such employee were not exempt from such Act
// 29 USC 213. //
under section 13 thereof.
"(C) The State or local minimum wage for the most nearly
comparable covered employment.
The Department of Labor shall not issue any certificate of exemption
under section 14(c) of the Fair Labor Standards Act of 1938 // 29 USC
214 // with respect to any person employed in a project under this
section.
"(c)(1) The Secretary may pay not to exceed 90 percent of the cost of
any project which is the subject of an agreement entered into under
subsection (b). Notwithstanding the preceding sentence, the Secretary
may pay all of the costs of any such project which is (A) an emergency
or disaster project, or (B) a project located in an economically
depressed area, as determined by the Secretary in consultation with the
Secretary of Commerce and the Director of the Community Services
Administration.
"(2) The non-Federal share of any project under this part may be in
cash or in kind. In determining the amount of the non-Federal share,
the Secretary may attribute fair market value to services and facilities
contributed from non-Federal sources.
"(d) Payments under this part may be made in advance or by way of
reimbursement, and in such installments as the Secretary may determine.
" Sec. 612. // 29 USC 795a. // (a) In order to effectively carry out
the provisions of this part, the Secretary shall, through the
Commissioner of the Rehabilitation Services Administration, consult with
any designated State unit with regard to--,
"(1) the localities in which community service projects of the
type authorized by thispart are most needed;
"(2) the employment situations and types of skills possessed by
elgible individuals in such localities; and
"(3) potential projects suitable for funding in such
localities.
"(b) The Secretary shall coordinate the pilot program established
under this part with programs authorized under the Emergency Jobs and
Unemployment Assistance Act of 1974, // 29 USC 801 // the Comprehensive
Employment and Training Act of 1973, // 29 USC 801 // the Community
Services Act of 1974, // 42 USC 2701 // and the Emergency Employment Act
of 1971. // 42 USC 4871 // Appropriations under this part may not be
used to carry out any program under the Acts referred to in the
preceding sentence.
"(c) In carrying out this part, the Secretary may, with the consent
of any other Federal, State, or local agency, use the services,
equipment, personnel, and facilities of such agency with or without
providing such agency with reimbursement and may use the services,
equipment, and facilities of any other public or private entity on a
similar basis.
"(d) Within one hundred and eighty days after the effective date of
this part, the Secretary shall issue and publish in the Federal Register
such regulations as may be necessary to carry out this part.
"(e) The Secretary shall not delegate any function of the Secretary
under this part to any other department or agency of the Federal
Government.
" Sec. 613. // 29 USC 795b. // (a) Elgible individuals who are
employed in any project funded under this part shall not be considered
to be Federal employees as a result of such employment and shall not be
subject to the provisions of part III of title5, UNITED States Code. //
5 USC 2101 //
"(b) No contract shall be entered into under this part with a
contractor who is, or whose employees are under State law, exempted from
operation of any State workmen's compensation law generally applicable
to employees, unless the contractor shall undertake to provide for
persons to be employed under such contract, through insurance by a
recognized carrier or by self-insurance authorized by State law,
workmen's compensation coverage equal to that provided by law for
covered employment.
"(c) No part of the wages, allowances, or reimbursement for
transportation and attendant care costs made available to an elgible
individual employed in any project funded under this part shall be
treated as income or benefits for the purpose of any other program or
provision of State or Federal law, unless the Secretary makes a case by
case determination that disallowance of such income or benefits is
inequitable or does not carry out the purposes of this title.
" Sec. 614. // 29 USC 795c. // (a) The Secretary shall consult with,
and obtain the written views of, the Commissioner of the Rehabilitation
Services Administration before establishing rules or general policy in
the administration of this part.
"(b) The Secretary shall consult and cooperate with the Director of
the Community Services Administration, the Secretary of Health,
Education, and Welfare, and the heads of other Federal agencies carrying
out related programs, in order to achieve maximum coordination between
such programs and the program established under this part. Each Federal
agency shall cooperate with the Secretary in disseminating information
relating to the availability of assistance under this part and in
identifying individuals elgible for employment in projects assisted
under this part.
" Sec. 615. // 29 USC 795d. // (a)(1) Preference in awarding grants
or contracts under this part shall be given to organizations of proven
ability in providing employment services to handicapped individuals
under this program and similar programs. The Secretary, in awarding
grants and contracts under this section, shall, to the extent feasible,
assure an equitable distribution of activities under such grants and
contracts among the States, taking into account the needs of underserved
States.
"(2) The Secretary shall allot for projects within each State the
sums appropriated for any fiscal year under section 617 so that each
State will receive an amount which bears the same ratio to such sums as
the population of the State bears to the population of all the States.
"(b) The amount allotted for projects within any State under
subsection (a) for any fiscal year which the Secretary determines will
not be required for such year shall be reallotted, from time to time and
on such dates during such year as the Secretary may fix, to projects
within other States in proportion to the original allotments to projects
within such States under subsection (a) for such year, but with such
proportionate amount for any of such other States being reduced to the
extent it exceeds the sum the Secretary estimates that projects within
such State need and will be able to use for such year. The total of
such reductions shall be similarly reallotted among the States whose
proportionate amounts were not so reduced. Any amount reallotted to a
State under this subsection during a year shall be deemed part of its
allotment under subsection (a) for such year.
"(c) The amount apportioned for porjects within each State under
subsection (a) shall be apportioned among areas within each such State
in an equitable manner, taking into consideration (1) the proportion
which eligible individuals in each such area bears to the total number
of such individuals, respectively, in that State, and (2) the relative
distribution of such individuals residing in rural and urban areas
within the State.
" Sec. 616. // 29 USC 795e. // For purposes of this part--,
"(1) the term 'community service' means social, health,
welfare, and educational services, legal and other counseling
services and assistance, including tax counseling and assistance
and financial counseling, and library, recreational, and other
similar services; conservation, maintenance, or restoration of
natural resources; community betterment or beautification;
antipollution and environmental quality efforts; economic
development; and such other services essential and necessary to
the community as the Secretary, by regulation, may prescribe;
"(2) the term 'pilot program' means the community service
employment program for handicapped individuals established under
this part; and
"(3) the term 'attendant care' means interpreter services for
the deaf, reader services for the blind, and services provided to
assist mentally retarded individuals to perform duties of
employment.
" Sec. 617. // 29 USC 795f. // There are authorized to be
appropriated to carry out the purposes of this part $35,000,000 for the
fiscal year ending September 30, 1979, $50,000,000 for the fiscal year
ending September 30, 1980, $75,000,000 for the fiscal year ending
September 30, 1981, and $100,000,000 for the fiscal year ending
September 30, 1982.
Opportunities
for Handicapped Indiviuals
" Sec. 621. // 29 USC 795g. // (a)(1) The Commissioner, in
consultation with the Secretaries of Labor and Commerce and with
designated State units may enter into agreements with individual
employers and other entities to establish jointly financed projects
which--,
"(A) shall provide handicapped individuals with training and
employment in a realistic work setting in order to prepare them
for employment in the competitive market;
"(B) shall provide handicapped individuals with such supportive
services as may be required to permit them to continue to engage
in the employment for which they have received training under this
section; and
"(C) shall, to the extent appropriate, expand job opportunities
for handicapped individuals by providing for (i) the development
and modification of jobs to accommodate the special needs of such
individuals, (ii) the distribution of special aids, appliances, or
adapted equipment to such individuals, (iii) the establishment of
appropriate job placement services, and (iv) the modification of
any facilities or equipment of the employer which are to be used
primarily by handicapped individuals.
"(2) Any agreement under this subsection shall be jointly developed
by the Commissioner, the prospective employer, and, to the extent
practicable, the appropriate designated State unit and the handicapped
individuals involved. Such agreements shall specify the terms of
training and employment under the project, provide for the payment by
the Commissioner of part of the costs of the project (in accordance with
subsection (c), and contain the items required under subsection (b) and
such other provisions as the parties to the agreement consider to be
appropriate.
"(b) No payment shall be made by the Commissioner under any agreement
with an employer entered into under subsection (a) unless such
agreement--,
"(1) provides assurances that handicapped individuals placed
with such employer shall receive at least the applicable minimum
wage;
"(2) specifies that the Commissioner, together with the
designated State unit, has the right to review any termination of
employment, and that, in the event such termination occurs less
than three years after the date of the commencement of employment
of the handicapped individual involved, the Commissioner shall be
entitled to require the repayment of a portion of the funds made
available to the employer if such termination is without
reasonable cause, as determined by the Commissioner in
consultation with such designated State unit; and
"(3) provides assurances that any handicapped individual placed
with such employer shall be afforded terms and benefits of
employment equal to those which are afforded to other employees of
such employer, and that such handicapped individuals shall not be
unreasonably segregated from other employees.
"(c) Payments under this section with respect to any project may not
exceed 80 percentum of the costs of the project.
" Sec. 622. // 29 USC 795h. // The Commissioner, in consultation
with the Secretaries of Labor and Commerce, may make grants to, or enter
into contracts with, handicapped individuals to enable them to establish
or operate commercial or other enterprises to develop or market their
products or services. Within ninety days after the effective date of
this section, the Commissioner shall promulgate regualtions to carry out
this section, including regulations specifying (1) the maximum amount of
money which may be provided under this section to any participant, and
(2) procedures for certification, by designated State units, of
individuals eligible to participate in any program under this section.
" Sec. 623. // 29 USC 795i. // There are authorized to be
appropriated such sums as may be necessary to carry out the provisions
of this part for each fiscal year beginning before October 1, 1982.
Sec. 202. (a) The table of contents for the Rehabilitation Act of
1973, as amended by section 120(e)(6), is further amended by adding at
the end thereof the following:
Sec. 601. Short title.
Handicapped
Individuals
" Sec. 611. Establishment of program. " Sec. 612. Administration. "
Sec. 613. Participants not Federal employees. " Sec. 614. Interagency
cooperation. " Sec. 615. Equitable distribution of assistance. " Sec.
616. Definitions. " Sec. 617. Authorization of appropriations.
Opportunties for Handicapped
Individuals
" Sec. 621. Projects with industry. " Sec. 622. Business opportunities
for handicapped individuals. " Sec. 623. Authorization of
appropriations.".
Sec. 301. The Rehabilitation Act of 1973, as amended by section 201
of this Act, is further amended by adding at the end the following new
title:
" Sec. 701. // 29 USC 796. // The purpose of this title is to
authorize grants (supplementary to grants for vocational rehabilitation
services under title I) // 29 USC 720. // to assist States in providing
comprehensive services for independent living designed to meet the
current and future needs of individuals whose disabilites are so severe
that they do not presently have the potential for employment but may
benefit from vocational rehabilitation services which will enable them
to live and function independently.
" Sec. 702. // 29 USC 796a. // Services may be provided under this
title to any individual whose ability to engage or continue in
employment, or whose ability to function independently in his family or
community, is so limited by the severity of his disability that
vocational or comprehensive rehabilitation services appreciably more
costly and of appreciably greater duration than those vocational or
comprehensive rehabilitation services required for the rehabilitation of
a handicapped individual are required to improve significantly either
his ability to engage in employment or his ability to function
independently in his family or community. Priority of services under
this part shall be given to individuals not served y other provisions of
this Act.
"(b) For purposes of this title, the term "comprehensive services for
independent living" means any appropriate vocational rehabilitation
service (as defined under title I of this Act) and any other service
that will enhance the ability of a handicapped individual to live
independently and function within his family and community and, if
appropriate, secure and maintain appropriate employment. Such services
may include any of the following: counseling services, including
psychological, psychotherapeutic, and related services; housing
incidental to the purpose of this section (including appropriate
accommodations to and modifications of any space to serve handicapped
individuals); appropriae job placement; transportation; attendant
care; physical rehabilitation; therapeutic treatment; needed
prostheses and other appliances and devices; health maintenance;
recreational activities; services for children of preschool age,
including physical therapy, development of language and communication
skills, and child development services; and appropriate preventive
services to decrease the needs of individuals assisted under the program
for similar services in the future.
" Sec. 703. // 29 USC 796b. // (a)(1) From sums made available for
each fiscal year for the purposes of allotments under this subpart, each
State whose comprehensive services plan has been approved under section
705 shall be entitled to an allotment of an amount bearing the same
ratio to such sums as the population of the State bears to the
population of all States. Except as provided in paragraph (2), the
allotment to any State under the preceding sentence shall be not less
than $200,000 or one-third of 1 percent of the sums made available for
the fiscal year for which the allotment is made, whichever is greater,
and the allotment of any State under this section for any fiscal year
which is less than $200,000 or one-third of 1 percent of such sums shall
be increased to the greater of the two amounts.
"(2) For purposes of this subsection, Huam, American Samoa, the
Virgin Islands, the Northern Mariana Islands, and the Trust Territory of
the Pacific Islands shall not be considered as States and shall each be
allotted not less than one-eighth of 1 percent of the amounts made
available for purposes of this subpart for the fiscal year for which the
allotment is made.
"(b) Amounts necessary to increase the allotments of States under
paragraph (1) or to provide allotments under paragraph (2) shall be
derived by proportionately reducing the allotments of the remaining
States under paragraph (1), but with such adjustments as may be
necessary to prevent the allotment of any such remaining States from
being thereby reduced to less than the greater of $200,000 or one-third
of 1 percent of the sums made available for purposes of this subpart for
the fiscal year for which the allotment is made.
"(c) Whenever the Commissioner determines that any amount of an
allotment to a State for any fiscal year will not be utilized by such
State in carrying out the purposes of this title, he shall make such
amount available for carrying out the purposes of this section to one or
more of the States which he determines will be able to use additional
amounts during such year for carrying out such purposes. Any amount
made available to a State for any fiscal year pusuant to the preceding
sentence shall, for the purposes of this section, be regarded as an
increase in the State's allotment (as determined under the preceding
provisions of this section) for such year.
" Sec. 704. // 29 USC 796c. // (a) From each State's allotment for a
fiscal year under section 703, the State shall be paid the Federal share
of the expenditures incurred during such year under its State plan
approved under section 705. Such payments may be made (after necessary
adjustments on accounnt of previously made overpayments or
underpayments) in advance or by way of reimbursement, and in such
installments and on such conditions as the Commissioner may determine.
"(b)(1) The Federal share with respect to any State for any fiscal
year shall be 90 percent of the expenditures incurred by the State
during such year under its State plan approved under section 705.
"(2) The non-Federal share of the cost of any project assisted by anp
allotment under this subpart may be provided in kind.
"(3) For the purpose of determining the Federal share with respect to
any State, expenditures by a political subdivision of such State shall,
subject to regulations prescribed by the Commissioner, be regarded as
expenditures by such State.
" Sec. 705. // 29 USC 796d. // (a) In order to be eligible for
grants under this part, a State shall submit to the Commissioner a State
plan for a three-year period for providing comprehensive services for
independent living to severely handicapped individuals, and, upon
request of the Commissioner, shall make such annual revisions in the
plan as may be necessary. Each such plan shall--,
"(1) designate the designated State unit of such State as the
agency to administer the programs funded under this part;
"(2) demonstrate that the State has studied and considered a
wide variety of methods for providing comprehensive services to
severely handicapped individuals (such as regional and community
centers, halfway houses and patient-release programs) and that the
State will provide, to the maximum extent feasible, meaningful
alternatives to institutionalization;
"(3)(A) describe the quality, scope, and extnet of the
comprehensive services for independent living to be provided to
handicapped individuals under this part, and specify the State's
goals and plans with respect to the distribution of funds received
under part B of this title; and
"(B) provide satisfactory assurances that facilities used in
connection with the delivery of services assisted under this part
and part B of this title will comply with the Act of August 12,
1968, commonly known as the Architectural Barriers Act of 1968;
// 42 USC 4151 //
written rehabilitation program meeting the requirements of section
102
// 29 USC 722. //
will be developed for each handicapped individual eligible for
independent living services under this part; (B) such services
will be provided in accordance with such program; and (c) that
such program be coordinated with the individualized written
rehabilitation program, habilitation plan, or education program
for such individual required under section 102 of this Act,
section 112 of the Developmental Disabilities Services and
Facilties Construction Act and sections 612(4) and 614(a)(5) of
the Education for All Handicapped Children Act of 1975,
// 20 USC 1412, 1413. //
respectively;
"(5) provide assurances that the State will conduct periodic
reviews of the progres of individuals assisted under this title to
determine whether services provided to such individuals should be
continued, modified, or discontinued;
"(6) provide assurances that special efforts will be undertaken
to provide technical assistance to urban and rural poverty areas
with respect to the provision of comprehensive services for
severely handicapped individuals and describe such efforts;
"(7) provide assurances that handicapped individuals shall have
a substantial role in developing the State plan;
"(8) provide assurances that not less than 20 percent of the
funds received by a State under this part shall be used to make
grants to local public agencies and private nonprofit
organizations for the conduct of independent living services
except that the Commissioner may waive the requirement of this
clause if the Commissioner determines, on the basis of evidence
submitted by the State, that such State cannot feasibly use the
funds required to be expended under this section for the purposes
of this clause; and
"(9) contain such other information, and be submitted in such
form and in accordance with such procedures, as the Commissioner
may require.
"(b) As soon as practicable after receiving a State plan submitted
under subsection (a), the Commissioner shall approve or disapprove such
plan. The Commissioner shall approve any State plan which he determines
meets the requirements and purposes of this section. The provisions of
subsections (b), (c), and (d) of section 101 of this Act // 29 USC 721.
// shall apply to any State plan submitted to the Commissioner pursuant
to this section, except that for purposes of this section, all
references in such subsections to the Secretary shall be deemed to be
references to the Commissioner.
" Sec. 711. // 29 USC 796e. // (a) The Commissioner may make grants
to any designated State unit which administers the State plan under
section 705 to provide for the establishment and operation of
independent living centers, which shall be facilities offering the
services described in subsection (c)(2).
"(b) No grant may be made under this section unless an application
therefore has been submitted to and approved by the Commissioner. The
Commissioner may not approve an application for a grant unless the
application--,
"(1) contains assurances that the designated State unit will
use funds provided by such grant in accordance with subsection
(c); and
"(2) contains such other information, and is submitted in such
form and in accordance with such procedures, as the Commissioner
may require.
"(c) An application by a public or nonprofit agency or organization
for such grant shall--,
"(1) provide assurances that handicapped individuals will be
substantially involved in policy direction and management of such
center, and will be employed by such center;
"(2) contain assurances that the independent living center to
be assisted by such grant shall offer handicapped individuals a
combination of independent living services, including as
appropriate--,
of
necessary equipment and in jobseeking skills,
counseling on
therapy needs and programs, and special programs for the
blind and deaf;
identify
appropriate housing and accessible transportation, and
other
support services;
training,
counseling, services, or other assistance of substantial
benefit in promoting the independence, productivity, and
quality of life of handicapped individuals;
"(3) contain such other information, and be submitted in such
form and in accordance with such procedures, as the Commissioner
may require.
"(d) If, within six months after the date in each fiscal year on
which the Commissioner begins to accept applications from designated
State units under this section, a designated State unit in a State has
not submitted such an application, the Commissioner may accept
applications for grants under this section from local public agencies or
private nonprofit organizations within such State. After the receipt of
such applications, the Commissioner may make grants to such agencies or
organizations for the purpose of establishing independent living centers
to provide the services described in subsection (c)(2).
" Sec. 721. // 29 USC 796f. // (a) The Commissioner may make grants
to any designated State unit to provide independent living services to
older blind individuals. Such services shall be designed to assist an
older blind individual to adjust to his blindness by becoming more able
to care for his individual needs. Such services may include--,
"(1) services to help correct blindness such as (A) outreach
services, (B) visual screening, (C) surgical or therapeutic
treatment to prevent, correct, or modify disabling eye conditions,
and (D) hospitalization related to such services;
"(2) the provision of eyeglasses and other visual aids;
"(3) the provision of services and equipment to assist an older
blind individual to become more mobile and more able to care for
himself;
"(4) mobility training, Braille instruction, and other services
and equipment to help an older blind individual adjust to
blindness;
"(5) guide services, reader services, and transportation; and
"(6) any other appropriate services designed to assist a blind
person in coping with daily living activities, including
supportive services or rehabilition teaching services.
"(b) No grant may be made under this section unless an application
therefor, containing such information as the Commissioner may require,
has been submitted to and approved by the Commissioner. The
Commissioner may not approve any application for a grant unless the
application contains assurances that the designated State unit will seek
to incorporate any new methods and approaches relating to the services
described in subsection (a) into its State plan for independent living
services under section 705 of this title.
"(c) Funds received under this section by any designated state unit
may be used to make grants to public or private nonprofit agencies or
organizations to--,
"(1) conduct activities which will improve or expand services
for older blind individuals and help improve public understanding
of the problems of such individuals; and
"(2) provide independent living services to older blind
individuals in accordance with the provisions of subsection (a).
"(d) For purposes of this section, the term 'older blind individual'
means an individual aged fifty-five or older whose severe visual
impairment makes gainful employment extremely difficult to attain but
for whom independent living goals are feasible.
" Sec. 731. // 29 USC 796g. // (a) The Commissioner may make grants
to States to establish systems to protect and advocate the rights of
severely handicapped individuals. In order to be eligible for a grant
under this section, a State shall provide the Commissioner with
assurances that any system established with grants made under this
section shall have the authority to pursue legal, administrative, and
other appropriate remedies to insure the protection of the rights of
such individuals receiving services under this title within the State.
A State must provide that such system will be independent of any
designated State unit that provides services under this part to such
individuals.
"(b) No grant may be made under this section unless an application
therefor has been submitted to the Commissioner containing such
information and in such form and in accordance with such procedures as
the Commissioner may, by regulation, prescribe.
" Sec. 732. // 29 USC 796h. // As a condition of providing
assistance under this title, the Secretary shall require that each
recipient of assistance take affirmative action to employ and advance in
employment qualified handicapped individuals on the same terms and
conditions required with respect to the employment of such individuals
under the provisions of this Act which govern employment (1) by State
rehabilitation agencies and rehabilitation facilities, and (2) under
Federal contracts and subcontracts.
" Sec. 731. // 29 USC 796i. // (a) For the purpose of carrying out
the provisions of parts A, B, and C of this title, there are authorized
to be appropriated $80,000,000 for the fiscal year ending September
30,1979, $150,000,000 for the fiscal year ending September 30, 1980,
$200,000,000 for the fiscal year ending September 30, 1981, and such
sums as may be necessary for the fiscal year ending September 30, 1982.
"(b) From the amounts authorized to be appropriated under this
section,an amount shall be made available for the purpose of carrying
out the provisions of Part C of this title in an amount not in excess of
10 percent of the amount made available for carrying out the provisions
of subpart 1 of Part A of this title.
"(c)(1) For the purpose of carrying out Part D of this title, there
are authorized to be appropriated such sums as may be necessary for the
fiscal year ending September 30, 1979, and for each of the three
succeeding fiscal years, but in no event shall such sums exceed
$6,000,000 for the fiscal year ending September 30, 1979,$7,500,000 for
the fiscal year ending September 30, 1980, and $9,000,000 for the fiscal
year ending September 30, 1981.
"(2) The provisions of section 1913 of title 18 of the United States
Code shall be applicable to all moneys authorized under the provisions
of this subsection."
Sec.302. The table of contents for the Rehabilitation Act of 1973, as
amended in section 120(c) (6) and section 202 (b), is further amended by
adding at the end thereof the following:
LIVING
" Sec. 701. Purpose " Sec. 702. Eligibility. " Sec. 703. Allotments. "
Sec. 704. Payments to States from allotments. " Sec. 705. State plans.
" Sec. 711. Grant program established.
Blind Individuals
" Sec. 721. Service program established.
" Sec. 731. Protection and advocacy of individual rights. " Sec. 732.
Employment of handicapped individuals.
" Sec. 731. Authorization of appropriations.".
Sec. 401. // 29 USC 762a. // (a) The Secretary of Health, Education,
and Welfare is authorized to make grants to, and to enter into contract
with, public and nonprofit agencies and organizations for the purpose of
research and demonstration projects specifically designed to address the
multiple and interrelated service needs of handicapped individuals, the
elderly, and children, youths, adults, and families. A report
evaluating each project funded under this section shall be submitted to
appropriate committees of the Congress within four months after the date
each such project is completed.
(b) There are authorized to be appropriated to carry out this section
such sums as may be necessary.
No funds other than those appropriated pursuant to this subsection
can be used for the conduct of research specifically authorized by this
section.
(c) Within one year after the date appropriations are made under
subsection (b) for purposes of research and demostration projects under
subsection (a), the Secretary shall prepare and transmit to the Congress
a study concerning the impact of vocational rehabilitation services
provided under the Rehabilitation Act of 1973 // 29 USC 701. // on
recipients of disability payments under titles II and XVI of the Social
Security Act. // 42 USC 401,1381. // The study shall examine the
relationship between the vocational rehabilitation services provided
under the Rehabilitation Act of 1973 and the programs under sections 222
and 1615 of the Social Security Act, // 42 USC 422,1382d. // and shall
include--,
"(1) an analysis of the savings in disability benefit payments
under titles II and XVI of the Social Security Act as a result of
the provision of vocational rehabilitation services under the
Rehabilitation Act of 1973;
"(2) a specification of the rate of return to the active labor
force by recipients of services under sections 222 and 1615 of the
Social Security Act;
"(3) a specification of the total amount of expenditures, in
the five fiscal years preceding the date of submission of the
report, for vocational rehabilitation services under the
Rehabilitation Act of 1973 and under sections 222 and 1615 of the
Social Security Act, and recommendations for the coordinated
presentation of such expenditures in the Budget submitted by the
President pursuant to section 201 of the Budget and Accounting
Act, 1921;
// 31 USC 11. //
and
"(4) recommendations to improve the coordination of services
under the Rehabilitation Act of 1973 with programs under sections
222 and 1615 of the Social Security Act, including recommendations
for increasing savings in disability benefits payments and the
rate of return to the active labor force by recipients of services
under sections 222 and 1615 of the Social Security Act.".
Living In Rural
Areas
Sec. 402. // 29 USC 713. // The Secretary, after consultation with
the Commissioner of the Rehabilitation Services Administration,
Commissioner of Education, the Director of the National Institute on
Handicapped Research, and other appropriate officials, organizations,
and individuals, shall conduct a study of the special problems and needs
of handicapped individuals who reside in rural areas in the United
States. Upon the completion of such study, but not later than eighteen
months after the date of enactment of this Act, the Secretary shall
submit the results of such study, together with such recommendations as
he deems appropriate to the President, and to the appropriate committees
of the Congress.
Sec. 403. // 29 USC 713. // In consultation with appropriate Federal
departments and agencies, the Secretary shall conduct a study of
possible ways to structure Federal programs providing benefits to
handicapped individuals in order to eliminate any disincentives for
individuals receiving benefits under such programs to obtain and
continue in employment. Upon the completion of such study, but not later
than twenty-four months after the date of enactment of this Act, the
Secretary shall submit the results of such study, together with such
recommendations as the Secretary deems appropriate to the President and
the Congress.
Sec. 404. No funds appropriated under the rehabilitation Act of
1973, // 29 USC 701 // the Older Americans Act of 1965, // 42 USC 3001.
// or the Child Abuse Prevention and Treatment Act may be obligated or
expended for research demonstration, or evaluation programs or projects
which are not directly managed and monitored by the office charged by
law with direct responsibility for carrying out such research,
demonstration, or evaluation programs or projects under such Acts and
which are not specifically authorized in full by one or more such Acts.
Sec. 405. No authorization of appropriations in this Act (except for
title V) shall be effective for any fiscal year beginning before October
1,1978. Notwithstanding any other provision of this Act, no new
borrowing authority or authority to enter into contracts under this Act
(except for title V) shall be effective except to such extent or in such
amounts as provided in advance in appropriations Acts.
Sec. 501. Whenever in this title 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 Developmental Disabilities Services and Facilities
Construction Act. // 42 USC 6001. //
Sec. 502. // 42 USC 6001. // Part A is amended by striking out
section 101 and inserting in lieu thereof the following sections:
" Sec. 100. // 42 USC 6000. // This title may be cited as the '
Developmental Disabilities Assistance and Bill of Rights Act'.
" Sec. 101. // 42 USC 6000. // (a) The Congress finds that--,
"(1) there are more than two million persons with developmental
disabilities in the United States;
"(2) individuals with disabilities occuring during their
developmental period are more vulnerable and less able to reach an
independent level of existence than other handicapped individuals
who generally have had a normal developmental period on which to
draw during the rehabilitation process;
"(3) persons with developmental disabilities often require
specialized lifelong services to be provided by many agencies in a
coordinated manner in order to meet the persons' needs;
"(4) general service agencies and agencies providing
specialized services to disabled persons tend to overlook or
exclude persons with developmental disabilities in their planning
and delivery of services; and
"(5) it is in the national interest to strengthen specific
programs, especially programs that reduce or eliminate the need
for institutional care, to meet the needs of persons with
developmental disabilities.
"(b)(1) It is the overall purpose of this title to assist States to
assure that persons with developmental disabilities receive the care,
treatment, and other services necessary to enable them to achieve their
maximum potential through a system which coordinates, monitors, plans,
and evaluates those services and which ensures the protection of the
legal and human rights of persons with developmental disabilities.
(2) The specific purposes of this title are--,
"(A) to assist in the provision of comprehensive services to
persons with developmental disabilities, with priority to those
persons whose needs cannot be covered or otherwise met under the
Education for All Handicapped Children Act,
// 20 USC 1401. // the Rehabilitation Act
of 1973,
// 29 USC 701. // or other health, education, or welfare programs;
"(B) to assist States in appropriate planning activities;
"(C) to make grants to States and public and private, nonprofit
agencies to establish model programs, to demonstrate innovative
habilitation techniques, and to train professional and
paraprofessional personnel with respect to providing services to
persons with developmental disabilities;
"(D) to make grants to university affiliated facilities to
assist them in administering and operating demonstration
facilities for the provision of services to persons with
developmental disabilities, and interdisciplinary training
programs for personnel needed to provide specialized services for
these persons; and
"(E) to make grants to support a system in each State to
protect the legal and human rights of all persons with
developmental disabilities.".
Sec. 503. // 42 USC 6001. //
(a) Section 102(1) is amended by inserting "the Northern Mariana
Islands," after " Guam,"
(b) (1) Paragraph (7) of section 102 is amended to read as
follows:
"(7) The term 'developmental disability' means a severe,
chronic disability of a person which--,
twenty-two;
three or
more of the following areas of major life activity: (i)
self-care,
(ii) receptive and expressive language, (iii) learning, (iv)
mobility, (v) self-direction, (vi) capacity for independent
living, and (vii) economic self-sufficiency; and
"(E) reflects the person's need for a combination and sequence
of special, interdisciplinary, or generic care, treatment, or
other services which are of lifelong or extended duration and are
individually planned and coordinated.".
(2) the Secretary of Health, Education, and Welfare shall submit to
Congress, not later than January 15,1981, a special report concerning
the impact of the amendment of the definition of "developmentally
disabled" made by paragraph (1). This report shall include--,
(A) an analysis of the impact of the amendment on each of the
categories of persons with developmental disabilities receiving
services under the Developmental Disabilities Assistance and Bill
of Rights Act before the date of enactment of this Act, and for
the fiscal year ending on September 30,1979 and for the succeeding
fiscal year, including--,
before
and after such date of enactment; and
(B) an assessment, evaluation, and comparison of services
provided to persons with developmental disabilities provided
before the date of enactment of this Act and for the fiscal year
ending September 30,1979 and for the succeeding fiscal year.
(c) Paragraph (8) of section 102 // 42 USC 6001. // is amended--,
(1) by inserting "(A)" after "(8)";
(2) by striking out "means specialized services" and all that
follows through "such term includes" and inserting in lieu thereof
the following: "means priority services (as defined in
subparagraph (B)), and any other specialized services or special
adaptations of generic services for persons with developmental
disabilities, including in these services the";and
(3) by adding at the end thereof the following new
subparagraphs:
"(B) The term 'priority services' means case management services (as
defined in subparagraph (C), child development services (as defined in
subparagraph (D), alternative community living arrangement services (as
defined in subparagraph (E), and nonvocational social-developmental
services (as defined in subparagraph (F).
"(C) The term 'case management services' means such services to
persons with developmental disabilities as will assist them in gaining
access to needed social, medical, educational, and other services; and
such term includes--,
"(i) follow-along services which ensure, through a continuing
relationship, lifelong if necessary, between an agency or provider
and a person with a developmental disability and the person's
immediate relatives or guardians, that the changing needs of the
person and the family are recognized and appropriately met; and
"(ii) coordination services which provide to persons with
developmental disabilities support, access to (and coordination
of) other services, information on programs and services, and
monitoring of the persons' progress.
"(D) The term 'child development services' means such services as
will assist in the prevention, identification, and alleviation of
developmental disabilities in children, and includes (i) early
intervention services, (ii) counseling and training of parents, (iii)
early identification of developmental disabilities, and (iv) diagnosis
and evaluation of such developmental disabilities.
"(E) The term 'alternative community living arrangement services'
means such services as will assist persons with developmental
disabilities in maintaining suitable residential arrangements in the
community, and includes in-house services (such as personal aides and
attendants and other domestic assistance and supportive services),
family support services, foster care services, group living services,
respite care, and staff training, placement, and maintenance services.
"(F) The term 'nonvocational social-developmental services' means
such services as will assist persons with developmental disabilities in
performing daily living and work activities.".
(D) Paragraph (9) of section 102 // 42 USC 6001. // is amended to
read as follows:
"(9) The term 'satellite center' means an entity which is affiliated
with one or more university affiliated facilities and which functions as
a community or regional extension of such university affiliated facility
or facilities in the delivery of services to persons with developmental
disabilities, and their families, who reside in geographical areas where
adequate services are not otherwise available.".
(e) Paragraph (10) of section 102 is amended by striking out "and
which aids" and all that follows through the end thereof and inserting
in lieu thereof the following: "and which provides for at least the
following activities:
"(A) Interdisciplinary training for personnel concerned with
developmental disabilities.
"(B) Demonstration of the provision of exemplary services
relating to persons with developmental disabilities.
"(C) (i) Dissemination of findings relating to the provision of
services to persons with developmental disabilities, and (ii)
providing researchers and government agencies sponsoring
servicerelated research with informtion on the needs for further
service-related research.".
(f) Section 102 is amended by inserting after paragraph (11) the
following new paragraph:
"(12) The term ' State Planning Council' means a State Planning
Council established under section 137.".
Facilities of
The Developmentally Disabled
Sec. 504. // 42 USC 6007. // (a) Section 108 is repealed.
(b) (1) Section 110 (a) // 42 USC 6009. // is amended by striking
out ", in consultation with the National Advisory Council on Services
and Facilities for the Developmentally Disabled,",
(2) Section 145 (a) // 42 USC 6081. // is amended by striking out
",after consultation with the National Advisory Council on Services and
Facilities to the Developmentally Disabled,".
(3) Section 145 (e) is amended by striking out "(after consultation
with the National Advisory Council on Services and Facilities to the
Developmentally Disabled)".
Sec. 505. The text of section 109 // 42 USC 6008. // is amended to
read as follows:
" Sec. 109. The Secretary, not later than 180 days after the date of
enactment of any Act amending the provisions of this title, shall
promulgate such regulations as may be required for the implementation of
such amendments.".
Sec. 506. (a) Section 110 (a) // 42 USC 6009. // is amended--,
(1) by striking out "within two years of" and all that follows
through " Bill of Rights Act develop" in the first sentence and
inserting in lieu thereof "develop, not later than October 1,1979,";
(2) by striking out " Within six months after the development
of such a system, the "in the second sentence and inserting in
lieu thereof " The";
(3) by striking out "the receipt of assistance under this
title, that scuh State" in the second sentence and inserting in
lieu thereof "a States receipt of assistance on and after October
1, 1980, under this title, that the State";
(4) by striking out " Within two years after the date of the
development of such a system, the " in the third sentence and
inserting in lieu thereof " The"; and
(5) by striking out "the receipt of assistance under this
title, that each State" in the third sentence and inserting in
lieu thereof "a State's receipt of assistance on and after October
1,1982, under this title, that the State".
(b) Subsection (c) of section 110 is amended to read as follows:
"(c) Upon development of the evaluation system described in
subsection (b), the Secretary shall submit to Congress a report on the
system, which report shall include an estimate of the costs to the
Federal Government and the States of developing and implementing such a
system.".
(c) Section 110 is amended by striking out subsection (d).
Sec. 507. Section 111 // 42 USC 6010. // is amended by adding at the
end thereof the following new sentence: " The rights of persons with
developmental disabilities described in findings made in this section
are in addition to any constitutional or other rights otherwise afforded
to all persons.".
Sec. 508. (a) Section 113 (a) // 42 USC 6012. // is amended--,
(1) by striking out " The Secretary shall require" and all that
follows through "such system will (A)" and inserting in lieu
thereof " In order for a State to receive an allotment under part
C, (1) the State must have in effect a system to protect and
advocate the rights of persons with developmental disabilities,
(2) such system must (A)";
(2) by striking out " State" in clause (2)(B);
(3) by striking out "and (B)" and inserting in lieu thereof
"(B) not be administered by the State Planning Council, and (C)";
(4) by inserting before the period at the end of the first
sintence the following: ", and (3) the State must submit to the
Secretary in a form prescribed by the Secretary in regulations (A)
a report, not less often than once every three years, describing
the system, and (B) an annual report describing the activities
carried out under the system and any changes made in the system
during the previous year"; and
(5) by striking out the last sentence thereof.
(b) Section 113 (b) (1) // 42 USC 6012. // is amended--,
(1) by inserting "(A)"after "(b)(1)";
(2) by amending the second sentence to read as follows: "
Allotments and reallotments of such sums shall be made on the same
basis as the allotments and reallotments are made under the first
sentence of subsections (a)(1) and (d) of section 132,
// 42 USC 6062. // except
that no State (other than Guam, the Northern Mariana Islands,
American Samoa, the Virgin Islands, and the trust Territory of the
Pacific Islands) in any fiscal year shall be allotted an amount
under this subparagraph which is less than the greater of $50,000
or the amount of the allotment to the State under this paragraph
for the previous fiscal year."; and
(3) by adding at the end the following new subparagraph:
"(B) Notwithstanding subparagraph (A), if the aggregate of the
amounts of the allotments for grants to be made in accordance with such
subparagraph for any fiscal year exceeds the total of the amounts
appropriated for such allotments under paragraph (2), the amount of a
State's allotment for such fiscal year shall bear the same ratio to the
amount otherwise determined under such subparagraph as the total of the
amounts appropriated for that year under paragraph (2) bears to the
aggregate amount required to make an allotment to each of the States in
accordance with subparagraph (A).".
(c) Paragraph (2) of section 113 (b) is amended (1) by striking out
"and" after "1977,", and (2) by adding before the period the
following:", $9,000,000 for the fiscal year ending September 30,1979,
$12,000,000 for the fiscal year ending September 30,1980, and
$15,000,000 for the fiscal year ending September 30,1981. The
provisions of section 1913 of title 18, United States Code, shall be
applicable to all moneys authorized under the provisions of this
section".
Appropriations
For University Affiliated Facilities
Sec. 509. // 42 USC 6041-6043. // Part B is amended to read as
follows:
" Sec. 121 // 42 USC 6031. // (a) From appropriations under section
123 // 42 USC 6033. // the Secretary shall make grants to university
affliated facilities to assist in the administration and operation of
the activities described in section 102 (10). // 42 USC 6001. //
"(b) The Secretary may make one or more grants to a university
affiliated facility receiving a grant under subsection (a) to support
one or more of the following activities:
"(1) Conducting a feasibility study of the ways in which it,
singly or jointly with other university affiliated facilities
which have received a grant under subsection (a), can establish
and operate one or more satellite centers which would be located
in areas not served by a university affiliated facility. Such a
study shall be carried out in consultation with the State Planning
Council for the State in which the facility is located and where
the satellite center would be established.
"(2) Assessing the need for trained personnel in providing
assistance to persons with developmental disabilities.
"(3) Provision of service-related training to practitioners
providing services to persons with developmental disabilities.
"(4) Conducting an applied research program designed to produce
more efficient and effective methods (A) for the delivery of
services to persons with developmental disabilities, and (B) for
the training of professionals, paraprofessionals, and parents who
provide these services.
The amount of a grant under paragraph (1) may not exceed $25,000.
"(c) The Secretary may make grants to pay part of the costs of
establishing satellite centers and may make grants to satellite centers
to pay part of their administration and operation costs. The Secretary
may approve an application for a grant under this subsection only if the
feasibility of establishing or operating the satellite center for which
the grant is applied for has been established by a study assisted under
this section.
" Sec. 122. // 42 USC 6032. // (a) Not later than six months after
the date of the enactment of the Rehabilitation, Comprehensive Services,
and Developmental Disabilities Amendments of 1978, the Secretary shall
establish by regulation standards for university affiliated facilities.
These standards for facilities shall reflect the special needs of
persons with developmental disabilities who are of various ages, and
shall include performance standards relating to each of the activities
described in section 102(10).
"(b) No grant may be made under section 121 unless an application
therefor is submitted to, and approved by, the Secretary. Such an
application shall be submitted in such form and manner, and contain such
information, as the Secretary may require. Such an application shall be
approved by the Secretary only if the application contains or is
supported by reasonable assurances that--,
"(1) the making of the grant will (A) not result in any
decrease in the use of State, local, and other non-Federal funds
for services for persons with developmental disabilities and for
training of persons to provide such services, which funds would
(except for such grant) be made available to the applicant, and
(B) be used to supplement and, to the extent practicable, increase
the level of such funds; and
"(2) (A) the applicant's facility is in full compliance with
the standards established under subsection (a), or
"(B) (i) the applicant is making substantial progress toward
bringing the facility into compliance with such standards, and
(ii) the facility will, not later than three years after the date
of approval of the initial application or the date standards are
promulgated under subsection (a), whichever is later, fully comply
with such standards.
"(c) The Secretary shall establish such a process for the review of
applications for grants under section 121 as will ensure, to the maxium
extent feasible, that each Federal agency that provides funds for the
direct support of the applicant's facility reviews the application.
"(d)(1) The amount of any grant under section 121 (a) to a university
affilated facility shall not be less than $150,000 for any fiscal year.
"(2) The amount of any grant under section 121 (c) to a satellite
center which has received a grant under section 121 (b) (as in effect
before the date of the enactment of the Rehabilitation, Comprehensive
Services, and Developmental Disabilities Amendments of 1978) for the
fiscal year ending September 30,1978, shall not be less than $75,000 for
any fiscal year.
" Sec. 123. // 42 USC 6033. // (a) For the purpose of making grants
under section 121, there are authorized to be appropriated $12,000,000
for the fiscal year ending September 30,1979, $14,000,000 for the fiscal
year ending September 30,1980, and $16,000,000 for the fiscal year
ending September 30,1981.
"(b) Of the sums appropriated under subsection (a), not less than--,
"(1)$9,000,000 for the fiscal year ending September 30,1979,
"(2)$10,000,000 for the fiscal year ending September 30,1980,
and
"(3)$11,000,000 for the fiscal year ending September 30,1981,
shall be made available for grants under subsections (a) and (c) of
section 121 to qualified applicants which received grants under section
121 during the fiscal year ending September 30,1978. The remainder of
the sums appropriated for such fiscal years shall be made available as
the Secretary determines, except that not less than 40 percent of such
remainder shall be made available for grants under subsections (b) and
(c) of section 121.".
Sec. 510. // 42 USC 6061. // (a) Section 131 is amended (1) by
striking out "and" after "1977,", and (2) by inserting before the period
the following: ", $55,000,000 for the fiscal year ending September
30,1978, $65,000,000 for the fiscal year ending September 30,1980 and
$75,000,000 for the fiscal year ending September 30,1981.".
(b) Section 132(a) // 42 USC 6062. // is amended--,
(1) by striking out subparagraph (B) of paragraph (1) and
paragraphs (2), (3), and (4);
(2) by striking out "and facilities" each place it appears in
subsection (a) (1);
(3) by striking out "(A)" in paragraph (1)(A) and by
redesignating clauses (i) through (iii) of such paragraph as
subparagraphs (A) through (C), respectively; and
(4) by inserting at the end thereof the following new
paragraphs:
"(2) For any fiscal year, the allotment under paragraph (1)--,
"(A)to each of American Samoa, Guam, the Virgin Islands, the
Northern Mariana Islands, or the Trust Territory of the Pacific
Islands may not be less than $100,000, and
"(B) to any other State may not be less than the greater of
$250,000, or the amount of the allotment (determined without
regard to subsection (d) recieved by the State for the fiscal
year ending September 30,1978.
"(3) In determining, for purposes of paragraph (1) (B), the extent of
need in any State for services for persons with developmental
disabilities, the Secretary shall take into account the scope and extent
of the services described, pursuant to section 133 (b) (2)(B), in the
State plan of the State.".
Sec. 511. (a) Subsection (b) of section 133 // 42 USC 6063. // is
amended to read as follows:
"(b) In order to be approved by the Secretary under this section, a
State plan for the provision of services for persons with developmental
disabilities must meet the following requirements:
"(1) (A) The plan must provide for the establishment of a State
Planning Council, in accordance with section 137, for the assignment to
the Council of personnel in such numbers and with such qualifications as
the Secretary determines to be adequate to enable the Council to carry
out its duties under that section, and for the identification of the
personnel so assigned.
"(B) The plan must designate the State agency or agencies which shall
administer or supervise the administration of the State plan and, if
there is more than one such agency, the portion of such plan which each
will administer (or the portion the administration of which each will
supervise).
"(C) the plan must provide that each State agency designated under
subparagraph (B) will make such reports, in such form and containing
such information, as the Secretary may from time to time reasonable
require, and will keep such records and afford such access thereto as
the Secretary finds necessary to verify such reports.
"(D) the plan must provide for such fiscal control and fund
accounting procedures as may be necessary to assure the proper
disbursement of and accounting for funds paid to the State under this
part.
"(2) The plan must--,
"(A) set out the specific objectives to be achieved under the
plan and a listing of the programs and resources to be used to
meet such objectives;
"(B) describe (and provide for the review annually and revision
of the description not less often than once every three years)
(i)the extent and scope of services being provided, or to be
provided to persons with developmental disabilities under such
other State plans for Federally assisted State programs as the
State conducts relating to education for the handicapped,
vocational rehabilitation, public assistance, medical assistance,
social services, maternal and child health, crippled children's
services, and comprehensive health and mental health, and under
such other plans as the Secretary may specify, and (ii) how funds
allotted to the State in accordance with section 132,
// 42 USC 6062. // will be used
to complement and augment rather than duplicate or replace
services for persons with developmental disabilities which are
eligible for Federal assistance under such other State programs;
"(C) for each fiscal year, assess and describe the extent and
scope of the priority services (as defined in section 102(8)(B))
being or to be provided under the plan in the fiscal year; and
"(D) establish a method for the periodic evaluation of the
plan's effectiveness in meeting the objectives described in
subparagraph (A).
"(3) the plan must contain or be supported by assurances satisfactory
to the Secretary that--,
"(A) the funds paid to the State under section 132,
// 42 USC 6062. // will be used
to make a significant contribution toward strengthening services
for persons with developmental disabilities through agencies in
the various political subdivisions of the State;
"(B) part of such funds will be made available by the State to
public or nonprofit private entities;
"(C) such funds paid to the State under section 132 will be
used to supplement and to increase the level of funds that would
otherwise be made available for the purposes for which Federal
funds are provided and not to supplant such non-Federal funds;
and
"(D) there will be reasonable State financial participation in
the cost of carrying out the State plan.
"(4)(A) The plan must--,
"(i) provide for the examination not less often than once every
three years of the provision, and the need for the provision, in
the State of the four different areas of priority services (as
defined in section 102(8)(B)); and
"(ii) provide for the development, not later than the second
year in which funds are provided under the plan after the date of
the enactment of the Rehabilitation, Comprehensive Services, and
Developmental Disabilities Amendments of 1978, and the timely
review and revision of a comprehensive statewide plan to plan,
financially support, coordinate, and otherwise better address, on
a statewide and comprehensive basis, unmet needs in the State for
the provision of at least one of the areas of priority services,
such area or areas to be specified in the plan, and (at the option
of the State) for the provision of an additional area of services
for the developmentally disabled, such are also to be specified in
the plan.
"(B)(i) Except as provided in clause (iii), the plan must provide
that not less than $100,000 or 65 percent of the amount available to the
State under section 132, whichever is greater, will be expended, as
provided in clause (ii), for service activities in the areas of services
specified in the plan under subparagraph (A)(ii).
"(ii) For any year in which the sums appropriated under section // 42
USC 6061. // do not exceed--,
"(I) $60,000,000, not less than $100,000 or 65 percent of the
amount available to the State under section 132, whichever is
greater, must be expended for service activities in no more than
two of the areas of services specified in the plan under
subparagraph (A)(ii), and
"(Ii) $90,000,000, not less than $100,000 or 65 percent of the
amount available to the State under section 132,
// 42 USC 6062. //
whichever is greater, must be expended for service activities in
no more than three of the areas of service specified in the plan
under subparagraph (A)(ii).
"(iii) A State, in order to comply with clause (i) for a fiscal year
beginning before January 1,1980, is not required to reduce the amount
which is available to it under section 132 and which is expended for
planning activities below the amount so expended for planning activities
in the preceding fiscal year if substantially the remainder of the
amount available to the State, which is expended for other than
administration, is expended for service activities in the areas of
services specified in the plan under subparagraph (A)(ii). For purposes
of this clause, expenditures for planning activities do not include any
expenditures for service activities (as defined in clause (iv)).
"(iv) For purposes of this subparagraph, the term 'service
activities' includes, with respect to an area of services, provision of
services in the area, model service programs in the area, activities to
increase the capacity of institutions and agencies to provide services
in the area, coordinating the provision of services in the area with the
provision of other services, outreach to individuals for the provision
of services in the area, the training of personnel to provide services
in the area, and similar activities designed to expand the use and
availability of services in the area.
"(C) Notwithstanding subparagraph (B), upon the application of a
State, the Secretary, pursuant to regulations which the Secretary shall
prescribe, may permit the portion of the funds which must otherwise be
expended under the State plan for service activities in a limited number
of areas of services to be expended for service activities in additional
areas of services if he determines that the expenditures of the State on
service activities in the initially specified areas of services has
reasonably met the need for those services in the State in comparison to
the extent to which the need for such additional area or areas of
services has been met in such State. Such additional areas shall, to the
maximum extent feasible, be areas within the areas of priority services
(as defined in section 102 (8)(B)).
"(D) The plan must provide that special financial and technical
assistance shall be given to agencies or entities providing services for
persons with developmental disabilities who are residents of
geographical areas designated as urban or rural poverty areas.
Rights of
Recipients of Services
"(5)(A)(i) The plan must provide that services furnished, and the
facilities in which they are furnished, under the plan for persons with
developmental disabilities will be in accordance with standards
prescribed by the Secretary in regulations.
(ii) The plan must provide satisfactory assurances that buildings
used in connection with the delivery of services assisted under the plan
will meet standards adopted pursuant to the Act of August 12,1968 (42
U.S.C. 4151-4157) (known as the Architectural Barriers Act of 1968).
"(B) The plan must provide that services are provided in an
individualized manner consistent with the requirements of section 112,
// 42 USC 6011. // (relating to habilitation plans).
"(C) The plan must contain or be supported by assurances satisfactory
to the Secretary that the human rights of all persons with developmental
disabilities (especially those persons without familial protection) who
are receiving treatment, services, or habilitation under programs
assisted under this title will be protected consistent with section 111,
// 42 USC 6010. // (relating to rights of the developmentally
disabled).
"(D) The plan must provide assurances that the State has undertaken
affirmative steps to assure the participation in programs under this
title of individuals generally representative of the population of the
State, with particular attention to the participation of members of
minority groups.
"(6) The plan must provide for--,
"(A)an assessment of the adequacy of the skill level of
professionals and paraprofessionals serving persons with
developmental disabilities in the State and the adequacy of the
State programs and plans supporting training of such professionals
and paraprofessionals maintaining the high quality of services
provided to persons with developmental disabilities in the State;
and
"(B)the planning and implementation of an evaluation system (in
accordance with section 110(a)).
// 42 USC 6009. //
Deinstitutional
"(7)(A) The plan must provide for the maximum utilization of all
available community resources including volunteers serving under the
Domestic Volunteer Service Act of 1973, // 42 USC 4951. // (Public Law
93-113) and other appropriate voluntary organizations, except that such
volunteer services shall supplement, and shall not be in lieu of,
services of paid employees.
"(B) The plan must provide for fair and equitable arrangements (as
determined by the Secretary after consultation with the Secretary of
Labor) to protect the interests of employees affected by actions under
the plan to provide alternative community living arrangement services
(as defined in section 102 (8)(E), including arrangements designed to
preserve employee rights and benefits and to provide training and
retraining of such employees where necessary and arrangements under
which maximum efforts will be made to guarantee the employment of such
employees.
Secretary
"(8) The plan also must contain such additional information and
assurances as the Secretary may find necessary to carry out the
provisions and purposes of this part.".
(b) Section 133 (d)(1), // 42 USC 6063. // is amended by striking
out "for such purpose" and inserting in lieu thereof "for the total
expenditures for such purpose by all of the State agencies designated
under subsection (b)(1)(B)for the administration or supervision of the
administration of the State plan".
(c) Section 133 (d)(2), // 42 USC 6063. // is amended by striking
out "during the fiscal year ending June 30,1975" and inserting in lieu
thereof "during the previous fiscal year".
Sec.512. (a) Subsection (a) of section 137, // 42 USC 6067. // is
amended to read as follows:
"(a)(1) Each State which receives assistance under this part shall
establish a State Planning Council which will serve as an advocate for
persons with developmental disabilities (as defined in section 102 (7)).
The members of the State Planning Council of a State shall be appointed
by the Governor of the State from among the residents of that State. The
Governor of each State shall make appropriate provisions for the
rotation of membership on the Council of his respective State. Each
State Planning Council shall at all times include in its membership
representatives of the principal State agencies, higher education
training facilities, local agencies, and nongovernmental agencies and
groups concerned with services to persons with developmental
disabilities in that State.
"(2) At least one-half of the membership of each such Council shall
consist of persons who--,
"(A)are persons with developmental disabilities or parents or
guardians of such persons, or
"(B) are immediate relatives or guardians of persons with
mentally impairing developmental disabilities, who are not
employees of a State agency which receives funds or
provides services under this part, who are not managing employees (as
defined in section 1126 (b) of the Social Security Act), // 42 USC
1320a-5. // of any other entity which receives funds or provides
services under this part, and who are not persons with an ownership or
control interest (within the meaning of section 1124 (a)(3) of the
Social Security Act), // 42 USC 1320a-3. // with respect to such an
entity.
"(3) Of the members of the Council described in paragraph (2)--,
"(A) at least one-third shall be persons with developmental
disabilities, and
"(B)(i) at least one-third shall be individuals described in
subparagraph (B) of paragraph (2), and (ii) at least one of such
individuals shall be an immediate relative or guardian of an
institutionalized person with a developmental disability.".
(b) Section 137(b) is amended to read as follows:
"(b) Each State Planning Council shall--,
"(1) develop jointly with the State agency or agencies
designated under section 133(b)(1)(B) the State plan required by
this part, including the specification of areas of services under
section 133 (b)(4)(A)(ii);
"(2) monitor, review, and evaluate, not less often than
annually, the implementation of such State plan;
"(3) to the maxium extent feasible, review and comment on all
State plans in the State which relate to programs affecting
persons with developmental disabilities; and
"(4) submit to the Secretary, through the Governor, such
periodic reports on its activities as the Secretary may reasonably
request, and keep such records and afford such access thereto as
the Secretary finds necessary to verify such reports.".
(c) Section 137 // 42 USC 6067. // is amended by striking out
subsection (c).
Sec. 513. (a) Section 145, // 42 USC 6081. // is amended--,
(1) by inserting "(particularly priority services)" after "
otherwise improving services" in subsection (a)(1);
(2) by striking out ", including programs" and all that follows
through the semicolon at the end of paragraph (1) of subsection
(a) and inserting in lieu thereof "; and";
(3) by striking out "subsection (e) and (f) and inserting in
lieu thereof "subsection (f)" each place it appears;
(4) by redesignating subsections (b) through (f) as subsections
(d) through (h), respectively ;
(5) by inserting after paragraph (1) of subsection (a) the
following (and redesignating paragraphs (2) through (9) of
subsection (a) as paragraphs (1) through (8), respectively):
"(2) demonstrations (and research, training, and evaluation in
connection therewith) for establishing programs which hold promise
of expanding or otherwise improving protection and advocacy
services related to the state protection and advocacy system
(described in section 113).
// 42 USC 6012. //
"(b) Grants provided under subsection (a) shall include grants
for--"; and
(6) by inserting before subsection (d), as so redesignated, the
following new subsection:
"(c) The Secretary shall establish procedures to insure participation
of persons with developmental disabilities and their parents or
guardians in determining priorities to be utilized by the Secretary in
making grants under this section.".
(b) Section 145 (b), as amended by subsection (a) of this section, is
amended (1) by striking out "and" at the end of paragraph (7),(2) by
striking out the period at the end of paragraph (8) and inserting in
lieu thereof "; and", and (3) by adding at the end thereof the
following new paragraph:
"(9) developing or demonstrating innovative methods to attract
and retain professionals to serve in rural areas in the
habilitation of persons with developmental disabilities.".
(c) Section 145 (f), as so redesignated, is amended (1) by striking
out "and" after "1977,",and (2) by inserting before the period the
following: ",$20,000,000 for the fiscal year ending September 30,1979,
$22,000,000 for the fiscal year ending September 30,1980, and
$26,000,000 for the fiscal year ending September 30,1981".
Sec. 514. (a) Section 112 // 42 USC 6011. // is amended--,
(1) by striking out "after September 30,1976," in subsection
(a);
(2) by striking out " Such" in subsection (b)(3) and inserting
in lieu thereof " The"; and
(3) by striking out "an" before "objective criteria" in clause
(B)of subsection (b)(3).
(b)) Section 134 // 42 USC 6064. // is amended--,
(1) by striking out " CONSTRUCTION," in its heading,
(2) by striking out "(a) in subsection (a), and
(3) bystriking out subsection(b).
(c) Section 135 // 42 USC 6065. // is amended--,
(1) by striking out " CONSTRUCTION," in its heading;
(2) by striking out "(a)" in subsection (a); and
(3) by striking out subsection (b).
(d) The heading to part C is amended to read as follows:
Sec. 515. The amendments made by this title // 42 USC 6000. // shall
apply to payments under title I of the Mental Retardation Facilities and
Community Mental Health Centers Construction Act // 42 USC 2661. // for
fiscal years beginning on and after October 1,1978.
Approved November 6,1978.
LEGISLATIVE HISTORY
HOUSE REPORTS: No. 95-1149 (Comm. on Education and Labor) and No.
95-1780 (Comm. of Conference).
SENATE REPORT No. 95-890 accompanying S. 2600 (Comm. on Human
Resources).
CONGRESSIONAL RECORD, Vol.124(1978):
May 16, considered and passed House.
Sept. 20,21, S.2600 considered in Senate; H.R. 12467, amended,
passed in lieu.
Sept.26, House agreed to Senate amendments, with amendments.
Oct.15, Senate and House agreed to conference report.
PUBLIC LAW 95-601, 92 STAT. 2947
Commission for fiscal
year 1979, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Section 1. (a) There is hereby authorized to be appropriated to the
Nuclear regulatory Commission in accordance with the provisions of
section 261 of the Atomic Energy Act of 1954, as amended (42 U.S.C.
2017), and section 305 of the Energy Reorganization Act of 1974, as
amended (42 U.S.C. 5875), for the fiscal year 1979, to remain available
until expended $333,007,000. Of such total amount authorized to be
appropriated:
(1) not more than $47,162,000 may be used for " Nuclear Reactor
Regulation"; of the total amount appropriated for this purpose,
$2,080,000 shall be available for Advanced Reactors;
(2) not more than $38,760,000 may be used for " Inspection and
Enforcement";
(3) not more than $14,945,000 may be used for " Standards
Development"; of the total amount appropriated for this purpose,
$650,000 shall be available for Low-Level Radiation activities,
including those described in section 5 of this Act;
(4) not more than $27,240,000 may be used for " Nuclear
Material
Safety and Safeguards"; of the total a