PUBLIC LAW 95-453, 92 STAT. 1110
Commission to repeal the provision
limiting the activities of Commissioners during the
two years following
their terms of office.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the first sentence
of section 3 (c) (25 U.S.C. 70b(c)) of the Act entitled " An Act to
create an Indian Claims Commission, to provide for the powers, duties,
and functions thereof, and for other purposes", approved August 13, 1946
(60 Stat. 1049; 25 U.S.C. 70 et seq.), is amended by striking out "or
for a period of two years thereafter".
Section 105 (j) of the Indian Self-Determination Act (88 Stat. 2206,
2210) // 25 USC 706 // shall not apply to those members of the Indian
Claims Commission affected by this Act. // 25 USC 450 //
Approved October 12, 1978.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 1510 (Comm. on Interior and Insular Affairs).
CONGRESSIONAL RECORD, Vol. 124 (1978):
Sept. 18, considered and passed House.
Sept. 28, considered and passed Senate.
PUBLIC LAW 95-452, 92 STAT. INSPECTOR GENERAL ACT OF 1978
increase its economy
and efficiency by establishing Offices of Inspector
General within the Departments
of Agriculture, Commerce, Housing and Urban
Development, the
Interior, Labor, and Transportation, and within the
Community Services
Administration, the Environmental Protection
Agency, the General Services
Administration, the National Aeronautics and Space
Administration, the Small
Business Administration, and the Veterans'
Administration, 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 // 5 USC
app. // be cited as the Inspector General Act of 1978".
Sec. 2. In order to create independent and objective units--,
(1) to conduct and supervise audits and investigations relating to
programs and operations of the Department of Agriculture, the Department
of Commerce, the Department of Housing and Urban Development, the
Department of the Interior, the Department of Labor, the Department of
Transportation, the Community Services Administration, the Environmental
Protection Agency, the General Services Administration, the National
Aeronautics and Space Administration, the Small Business Administration,
and the Veterans' Administration;
(2) to provide leadership and coordination and recommend
policies for activities designed (A) to promote economy,
efficiency,
and effectiveness in the administration of, and (B) to prevent
and detect fraud and abuse in, such programs and operations;
and (3) to provide a means for keeping the head of the
establishment
and the Congress fully and currently informed about problems
and deficiencies relating to the administration of such
programs
and operations and the necessity for and progress of corrective
action;
thereby is hereby estalished in each of such establishments an office of
Inspector General.
Sec. 3. (a) There shall be at the head of each Office an Inspector
General who shall be appointed by the President, by and with the advice
and consent of the Senate, without regard to political affiliation and
solely on the basis of integrity and demonstrated ability in accounting,
auditing, financial analysis, law, management analysis, public
administration, or investigations. Each Inspector General shall report
to and be under the general supervision of the head of the establishment
involved or, to the extent such authority is delegated, the officer next
in rank below such head, but shall not report to, or be subject to
supervision by, any other officer of such establishment. Neither the
head of the establishment nor the officer next in rank below such head
shall prevent or prohibit the Inspector General from initiating,
carrying out, or completing any audit or investigation, or from issuing
any subpena during the course of any audit or investigation.
(b) An Inspector General may be removed from office by the Presdent.
The President shall communicate the reasons for any such removal of both
Houses of Congress.
(c) For the purposes of secton 7324 of title 5, United States
Code,
no Inspector General shall be considered to be an employee who
determines policies to be pursued by the United States in the nationwide
administration of Federal laws.
(d) Each Inspector General shall, in accordance with applicable laws
and regulations governing the civil service--,
(1) appoint an Assistant Inspector General for Auditing who
shall have the responsibility for supervising the performance of
auditing activities relating to programs and operations of the
establishment, and
(2) appoint an Assistant Inspector General for Investigations
who shall have the reponsibility for supervising the performance
of investigative activities relating to such programs and
operations.
Sec. 4. (a) It shall be the duty and responsibility of each
Inspector General, with respect to the establishment within which his
Office is established--,
(1) to provide policy direction for and to conduct, supervise,
and coordinate audits and investigations relating to the programs
and operations of such establishment;
(2) to review existing and proposed legislation and regulations
relating to programs and operations of such establishment and to
make recommendations in the semiannual reports required by section
5(a) concerning the impact of such legislation or regulations on
the economy and efficiency in the administration of programs and
operations administered or financed by such establishment or the
prevention and detection of fraud and abuse in such programs and
operations;
(3) to recommend policies for, and to conduct, supervise, or
coordinate other activities carried out or financed by such
establishment for the purpose of promoting economy and efficiency
in the administration of, or preventing and detecting fraud and
abuse in, its programs and operations;
(4) to recommend policies for, and to conduct, supervise, or
coordinate relationships between such establishment and other
Federal agencies, State and local governmental agencies, and
nongovernmental entities with respect to (A) all matters relating
to the promotion of economy and efficiency in the administration
of, or the prevention and detection of fraud and abuse in,
programs and operations administered or financed by such
establishment, or (B) the identification and prosecution of
participants in such fraud or abuse; and
(5) to keep the head of such establishment and the Congress
fully and currently informed, by means of the reports required by
section 5 and otherwise, concerning fraud and other serious
problems, abuses, and deficiencies relating to the administration
of programs and operations administered or financed by such
establishment, to recommend corrective action concerning such
problems, abuses, and deficiencies, and to reporton the progress
made in implementing such corrective action.
(b) In carrying out the responsibilities specified in subsection (a)
(1), each Inspector General shall--,
(1) comply with standards established by the Comptroller
General of the United States for audits of Federal establishments,
organizations, programs, activities, and functions;
(2) establish guidelines for determining when it shall be
appropriate to use non-Federal auditors; and
(3) take appropriate steps to assure that any work performed by
non-Federal auditors complies with the standards established by
the Comptroller General as described in paragraph (1).
(c) In carrying out the duties and responsibilities established under
this Act, each Inspector General shall give particular regard to the
activities of the Comptroller General of the United States with a view
toward avoiding duplication and insuring effective coordination and
cooperation.
(d) In carrying out the duties and responsibilities established under
this Act, each Inspector General shall report expeditiously to the
Attorney General whenever the Inspector General has reasonable grounds
to believe there has been a violation of Federal criminal law.
Sec. 5. (a) Each Inspector General shall, not later than April 30
and October 31 of each year, prepare semiannual reports summarizing the
activities of the Office during the immediately preceding six-month
periods ending March 31 and September 30. Such reports shall include,
but need not be limited to--,
(1) a description of significant problems, abuses, and
deficiencies relating to the administration of programs and
operations of such establishment disclosed by such activities
during the reporting period;
(2) a description of the recommendations for corrective action
made by the Office during the reporting period with respect to
significant problems, abuses, or deficiencies identified pursuant
to paragraph (1);
(3) an identification of each significant recommendation
described in previous semiannual reports on which corrective
action has not been completed;
(4) a summary of matters referred to prosecutive authorities
and the prosecutions and convictions which have resulted;
(5) a summary of each report made to the head of the
establishment under section 6(b)(2) during the reporting period;
and
(6) a listing of each audit report completed by the Office
during the reporting period.
(b) Semiannual reports of each Inspector General shall be furnished
to the head of the establishment involved not later than April 30 and
October 31 of each year and shall be transmitted by such head to the
appropriate committees or subcommittees of the Congress within thirty
days after receipt of the report, together with a report by the head of
the establishment containing any comments such head deems appropriate.
(c) Within sixty days of the transmission of the semiannual reports
of each Inspector General to the Congress, the head of each
establishment shall make copies of such report available to the public
upon request and at a reasonable cost.
(d) Each Inspector General shall report immediately to the head of
the establishment involved whenever the Inspector General becomes aware
of particularly serious or flagrant problems, abuses, or deficiencies
relating to the administration of programs and operations of such
establishment. The head of the establishment shall transmit any such
report to the appropriate committees or subcommittees of Congress within
seven calendar days, together with a report by the head of the
establishment contaning any comments such head deems appropriate.
Sec. 6. (a) In addition to the authority otherwise provided by this
Act, each Inspector General, in carrying out the provisions of this Act,
is authorized--,
(1) to have access to all records, reports, audits, reviews,
documents, papers, recommendations, or other material available to
the applicable establishment which relate to programs and
operations with respect to which that Inspector General has
responsibilities under this Act;
(2) to make such investigations and reports relating to the
administration of the programs and operations of the applicable
establishment as are, in the judgment of the Inspector General,
necessary or desirable;
(3) to request such information or assistance as may be
necessary for carrying out the duties and responsibilities
provided by this Act from any Federal, State, or local
governmental agency or unit thereof;
(4) to require by subpena the production of all information,
documents, reports, answers, records, accounts, papers, and other
data and documentary evidence necessary in the performance of the
functions assigned by this Act, which subpena, in the case of
contumacy or refusal to obey, shall be enforceable by order of any
appropriate United States district court: Provided, That
procedures other than subpenas shall be used by the Inspector
General to obtain documents and information from Federal agencies;
(5) to have direct and prompt access to the head of the
establishment involved when necessary for any purpose pertaining
to the performance of functions and responsibilities under this
Act;
(6) to select, appoint, and employ such officers and employees
as may be necessary for carrying out the functions, powers, and
duties of the Office subject to the provisions of title 5, United
States Code, governing appointments in the competivie service, and
the provisions of chapter 51 and subchapter III of chapter 53 of
such title
// 5 USC 5101, 5331 // rel ating to classification and General Schedule
pay rates;
(7) to obtain services as authorized by section 3109 of title
5, United States Code, at daily rates not to exceed the equivalent
rate prescribed for grade GS-18 of the General Schedule by section
5332 of title 5, United States Code;
// 5 USC 5332 //
and
(8) to the extent and in such amounts as may be provided in
advance by appropriations Acts, to enter into contracts and other
arrangements for audits, studies, analyses, and other services
with public agencies and with private persons, and to make such
payments as may be necessary to carry out the provisions of this
Act.
(b)(1) Upon request of an Inspector General for information or
assistance under subsection (a)(3), the head of any Federal agency
involved shall, insofar as is practicable and not in contravention of
any existing statutory restriction or regulation of the Federal agency
from which the information is requested, furnish to such Inspector
General, or to an authorized designee, such information or assistance.
(2) Whenever information or assistance requested under subsection
(a)(1) or (a)(3) is, in the judgment of an Inspector General,
unreasonably refused or not provided, the Inspector General shall report
the circumstances to the head of the establishment involved without
delay.
(c) Each head of an establishment shall provide the Office within
such establishment with appropriate and adequate office space at central
and field office locations of such establishment, together with such
equipment, office supplies, and communications facilities and services
as may be necessary for the operation of such offices, and shall provide
necessary maintenance services for such offices and the equipment and
facilities located therein.
Sec. 7. (a) The Inspector General may receive and investigate
complaints or information from an employee of the establishment
concerning the possible existence of an activity constituting a
violation of law, rules, or regulations, or mismanagement, gross waste
of funds, abuse of authority or substantial and specific danger to the
public health and safety.
(b) The Inspector General shall not, after receipt of a complaint or
information from an employee, disclose the identity of the employee
without the consent of the employee, unless the Inspector General
determines such disclosure is unavoidable during the course of the
investigation.
(c) Any employee who has authority to take, direct others to take,
recommend, or approve any personnel action, shall not, with respect to
such authority, take or threaten to take any action against any employee
as a reprisal for making a complaint or disclosing information to an
Inspector General, unless the complaint was made or the information
disclosed with the knowledge that it was false or with willful disregard
for its truth or falsity.
Sec. 8 (a)(1) The Secretary of Defense shall submit to the Congress
semiannual reports during the period ending October 1, 1982, summarizing
the activities of the audit, investigative and inspection units of the
Department of Defense. Such reports shall be submitted within sixty
days of the close of the reporting periods ending March 31 and September
30 and shall include, but not be limited to--,
(A) a description of significant instances or patterns of
fraud, waste, or abuse disclosed by the audit, investigative, and
inspection activities during the reporting period and a
description of recommendations for corrective action made with
respect to such instances or patterns;
(B) a summary of matters referred for prosecution and of the
results of such prosecutions; and
(C) a statistical summary, by categories of subject matter, of
audit and inspection reports completed during the reporting
period.
(2) Within sixty days of the transmission of the semiannual reports,
the Secretary shall make copies of such reports available to the public
upon request and at a reasonable cost.
(3) If the Secretary concludes that compliance with the reporting
requirements in paragraphs (1) and (2) of this subsection would require
inclusion of material that may constitute a threat to the national
security or disclose an intelligence function or activity, the Secretary
may exclude such material from the report. If material is excluded from
a report under this subsection, the Secretary shall provide the chairmen
and ranking minority members of the appropriate committees or
subcommittees with a general description of the nature of the material
excluded.
(4) The Secretary may delegate his responsibilities under paragraphs
(1) through (3): Provided, That the delegation be to an official within
the Office of the Secretary of Defense who is a Presidential appointee
confirmed by the Senate. In preparing the reports, the designee of the
Secretary shall have the same access to information held by the audit,
investigative or inspection units as the Secretary would.
(5) In order to effectuate the purposes of this Act with respect to
the Department of Defense, the Secretary of Defense shall submit, not
later than March 31, 1981, proposed legislation to establish appropriate
reporting procedures, for the period after October 1, 1982, concerning
the audit, investigative and inspection activities of the Department of
Defense.
(b) (1) The Secretary of Defense shall establish a task force to
study the operation of the audit, investigative, and inspection
components in the Department of Defense which engage in the prevention
and detection of fraud, waste, and abuse. The Secretary shall appoint
the Director and other members of the task force: Provided, That the
Director shall be a person who is not an employee of the Department of
Defense. The Director shall have the authority to hire such additional
staff as in necessary to complete the study.
(2) The Director and members of the task force and, upon the request
of a member or the Director, the staff of the task force shall have
access to all information relevant to the study and held by the audit,
investigative, and inspection components in the Department of Defense
including reports prepared by such components: Provided, That--,
(A) such information or reports may be withheld if a component
head determines that disclosure would compromise an active
investigation of wrong-doing;
(B) the Inspectors General of the Military Departments may
delete the names of individuals in a report prepared by them if
the Inspector General determines that the inclusion of the names
would affect the ability of the Inspector General to obtain
information in future investigations and inspections; and
(C) no classified information shall be released to the task
force unless the members and staff who will have access to the
classified information have the appropriate clearances.
Upon the request of the Director, the Secretary of Defense and the
Secretaries of the Military Departments shall assure that the task force
has access to information as provided in this subsection.
(3) The task force shall prepare a comprehensive report that shall
include, but not be limited to--,
(A) a description of the functions of the audit, investigative
and inspection components in the Department of Defense and the
extent to which such components cooperate in their efforts to
detect and prevent fraud, waste and abuse;
(B) an evaluation of whether such components are sufficiently
independent to carry out their responsibilities;
(C) the relationship between such components and the Criminal
Division of the Department of Justice; and
(D) recommendations for change in organization or functions
that may be necessary to improve the effectiveness of such
components.
(4) The task force shall submit its final report to the Secretary of
Defense and the Director of the Office of Management and Budget. The
Secretary and the Director of the Office of Management and Budget may,
in the form of addenda to the report, provide any additional information
that they deem necessary. The Secretary shall submit the report and the
addenda to the Congress not later than April 1, 1980. The task force
shall be disestablished sixty days following such submission.
(5) Any matter concerning the intelligence or counterintelligence
activiies of the Department of Defense and assigned by regulation to the
Inspector General for Defense Intelligence shall be excluded from the
study of the task force.
Sec. 9. (a) There shall be transferred--,
(1) to the Office of Inspector General--,
(A) of the Department of Agriculture, the offices of that
department referred to as the " Office of Investigations and the "
Office of Audit";
(B) of the Department of Commerce, the offices of that
department referred to as the " Office of Audits" and the "
Investigations and Inspections Staff" and that portion of the
office referred to as the " Office of Investigations and Security"
which has responsibility for investigation of alleged criminal
violations and program abuse;
(C) of the Department of Housing and Urban Development, the
office of that department referred to as the " Office of Inspector
General";
(D) of the Department of the Interior, the office of that
department referred to as the " Office of Audit and
Investigation";
(E) of the Department of Labor, the office of that department
referred to as the " Office of Special Investigations";
(F) of the Department of Transportation, the offices of that
department referred to as the " Office of Investigations and
Security" and the " Office of Audit" of the Department, the "
Offices of Investigations and Security, Federal Aviation
Administration", and " External Audit Divisions, Federal Aviation
Administration", the " Investigations Division and the External
Audit Division of the Office of Program Review and Investigation,
Federal Highway Administration", and the " Office of Program
Audits, Urban Mass Transportation Administration";
(G) of the Community Services Administration, the offices of
that agency referred to as the " Inspections Divisions", the "
External Audit Division", and the " Internal Audit Division";
(H) of the Environmental Protection Agency, the offices of the
agency referred to as the " Office of Audit" and the " Security
and Inspection Division";
(I) of the General Services Administration the offices of that
agency referred to as the " Office of Audits" and the " Office of
Investigations";
(J) of the National Aeronautics and Space Administration, the
offices of that agency referred to as the " Management Audit
Office" and the " Office of Inspections and Security";
(K) of the Small Business Administration, the office of that
agency referred to as the " Office of Audits and Investigations";
and
(L) of the Veterans' Administration, the offices of that agency
referred to as the " Office of Audits" and the " Office of
Investigations"; and
(2) such other offices or agencies, or functions, powers, or
duties thereof, as the head of the establishment involved may
determine are properly related to the functions of the Office and
would, if so transferred, further the purposes of this Act,
except that there shall not be transferred to an Inspector General under
paragraph (2) program operating responsibilities.
(b) The personnel, assets, liabilities, contracts, property, records,
and unexpended balances of appropriations, authorizations, allocations,
and other funds employed, held, used, arising from, available or to be
made available, of any office or agency the functions, powers, and
duties of which are transferred under subsection (a) are hereby
transferred to the applicable Office of Inspector General.
(c) Personnel transferred pursuant to subsection (b) shall be
transferred in accordance with applicable laws and regulations relating
to the transfer of functions except that the classification and
compensation of such personnel shall not be reduced for one year after
such transfer.
(d) In any case where all the functions, powers, and duties of any
office or agency are transferred pursuant to this subsection, such
office or agency shall lapse. Any person who, on the effective date of
this Act, held a position compensated in accordance with the General
Schedule, and who, without a break in service, is appointed in an Office
of Inspector General to a position having duties comparable to those
performed immediately preceding such appointment shall continue to be
compensated in the new position at not less than the rate provided for
the previous position, for the duration of service in the new position.
Sec. 10. (a) Section 5315 of title 5, United States Code, is amended
by adding at the end thereof the following new paragraphs:
(122) Inspector General, Department of Health, Education, and
Welfare.
"(123) Inspector General, Department of Agriculture.
"(124) Inspector General, Department of Housing and Urban
Development.
"(125) Inspector General, Department of Labor.
"(126) Inspector General, Department of Transportation.
"(127) Inspector General, Veterans' Administration.".
(b) Section 5316 of title 5, United States Code, is amended by adding
at the end thereof the following new paragraphs:
"(144) Deputy Inspector General, Department of Health,
education, and Welfare.
"(145) Inspector General, Department of Commerce.
"(146) Inspector General, Department of the Interior.
"(147) Inspector General, Community Services Administration.
"(148) Inspector General, Environmental Protection Agency.
"(149) Inspector General, General Services Administration.
"(150) Inspector General, National Aeronautics and Space
Adiministration.
"(151) Inspector General, Small Business Administration.".
(c) Section 202(e) of the Act of October 15, 1976 (Public Law 94 -
505, 42 U.S.C. 3522), is amended by striking out "section 6(a)(1)" and
"section 6(a)(2)" and inserting in lieu thereof "section 206(a)(1)" and
"section 206(a)(2)", respectively.
Sec. 11. As used in Act--,
(1) the term "head of the establishment" means the Secretary of
Agriculture, Commerce, Housing and Urban Development, the
Interior, Labor, or Transportation or the Administrator of
Community Services, Environmental Protection, General Services,
National Aeronautics and Space, Small Business, or Veterans'
Affairs, as the case may be ;
(2) the term "establishment" means the Department of
Agriculture, Commerce, Housing and Urban Development, the
Interior, Labor, or Transportation or the Community Services
Administration, the Environmental Protection Agency, the General
Services Administration, the National Aeronautics and Space
Administration, the Small Business Administration, or the
Veterans' Administration, as the case may be;
(3) the term " Inspector General" means the Inspector General
of an establishment;
(4) the term " Office" means the Office of Inspector General of
an establishment; and
(5) the term " Federal agency" means an agency as defined in
section 552(e) of title 5 (including an establishment as defined
in paragraph (2)), United States Code, but shall not be construed
to include the General Accounting Office.
Sec.12. The provisions of this Act and the amendments made by this 5
USC app. Act shall take effect October 1, 1978.
Approved October 12, 1978.
LEGISLATIVE HISTORY: HOUSE REPORT No. 95 - 584 (Comm. on Government
Operations). SENATE REPORT No. 95 - 1071 (Comm. on Governmental
Affairs). CONGRESSIONAL RECORD, Vol. 124 (1978);
Apr. 18, considered and passed House.
Sept. 22, considered and passed Senate, amended.
Sept. 27, House concurred in Senate amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 14, No. 41:
Oct. 12, Presidential statement.
PUBLIC LAW 95-451, 92 STAT. 1100, W.R. Bob POAGE PECAN FIELD STATION,
TEX. DESIGNATION.
Agriculture's Pecan Field Station
in Brownwood, Texas, as the " W.R. ' Bob' Poage
Pecan Field Station".
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the United States
Department of Agriculture's Pecan Field Station in Brownwood, Texas,
shall hereafter be known and designated as the " W.R. ' Bob' Page Pecan
Field Station". Any reference to such laboratory in any law,
regulation, document, record, or other paper of the United States shall
be deemed a reference to it as the W.R. " Bob" Poage Pecan Field
Station.
Approved October 11, 1978.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 1549 accompanying H.R 11123 (Comm. on
Agriculture).
SENATE REPORT No. 95 - 1153 (Comm. on Agriculture, Nutrition, and
Forestry).
CONGRESSIONAL RECORD, Vol. 124 (1978):
Sept. 7, considered and passed Senate.
Sept. 26, H.R. 11123 considered and passed House; passage
vacated and S. 3467, amended, passed in lieu.
Oct.2, Senate concurred in House amendments.
PUBLIC LAW 95-450, 92 STAT.
Arapaho National Recreation
Area, to authorize the Secretary of the Interior to
study the feasiblility of
revising the boundaries of the Rocky Mountain
National Park, and to add
certain lands to the Oregon Islands Wilderness.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Section 1. This Act may be cited as the " Indian Peaks Wilderness
Area, the Arapaho National Recreation Area and the Oregon Islands
Wilderness Area Act".
Sec. 2. The Congress finds that it is in the national interest--,
(1) to include the land within the Arapaho and the Roosevelt
National Forests known as the Indian Peaks Area in the National
Wilderness Preservation System so as to protect the area's
enduring scenic and historic wilderness character and its unique
wildlife and to preserve the area's scientific, educational,
recreational, and inspirational resources and challenges; and
(2) to create the Arapaho National Recreation Area within the
Arapaho and the Roosevelt National Forests and the Colorado Big
Thompson project so as to preserve and protect the natural,
scenic, historic, pastoral, and wildlife resources of the area and
to enhance the recreational opportunities provided.
Sec. 3. // 16 USC 1132 // (a) An area of land comprising
approximately seventy thousand acres located in Boulder and Grand
Counties, Colorado, within the Arapaho and the Roosevelt National
Forests (as generally depicted as the " Indian Peaks Wilderness Area" on
a map entitled " Indian Peaks Wilderness Area and Arapaho National
Recreation Area", dated July 1978) is designated for purposes of the
wilderness Act (16 U.S.C. 1131 - 1136) as a wilderness area and shall be
known as the Indian Peaks Wilderness Area.
(b) The Indian Peaks Wilderness Area shall be administered by the
Secretary of Agriculture (hereafter in this Act referred to as the "
Secretary") pursuant to those provisions of the Wilderness Act which
govern areas designated by that Act as wilderness areas, except that any
reference in such provisions to the effective date of the Wilderness Act
shall be deemed to be a reference to the effective date of this Act.
Sec. 4. // 16 USC 460jj. // (a) An area of land comprising
approximately thirty-six thousand two hundred thirty-five acres located
in Grand County, Colorado, within the Arapaho and the Roosevelt National
Forests and the Colorado Big Thompson project (as generally depicted as
the
" Arapaho National Recreation Area" on a map entitled " Indian Peaks
Wilderness Area and Arapaho National Recreation Area", dated July 1978)
is estabished as the Arapaho National Recreation Area.
(b) The Secretary shall administer the Arapaho National Recreation
Area, in accordance with the laws and regulations applicable to the
national forest, in such a manner as will best provide for--,
(1) public recreation and enjoyment;
(2) the conservation and development of the scenic, natural,
historic, and pastoral values of the area;
(3) the management, utilization, and disposal of natural
resources such as timber, grazing, and mineral resources so that
their utilization will not substantially impair the purposes for
which the recreation area is established; and
(4) the management of water quality in the recreation area
consistent with the development of needed water supply and
waste-water systems, including the control of aquatic vegetation
in the streams, lakes, and reservoirs within the recreation area.
(c) The Secretary shall develop an overall management plan for the
Arapaho National Recreation Area. This plan shall be developed in
consultation with State and local political subdivisions and other
interested persons.
Sec. 5. // 16 USC 460jj-1 // (a)(1) The Secretary is authorized to
acquire by donation, purchase with donated or appropriated funds,
exchange, or bequest, any lands or lesser interests therein, including
mineral interests and scenic easements, which the Secretary determines
are needed to establish and manage the Arapaho National Recreation Area.
In determining what private property is needed to establish and manage
the Arapaho National Recreation Area the Secretary shall utilize the
approved county zoning plan to identify those properties whose use or
intended use is not in conformance with the overall intent of this Act.
(2) As used in this section, the term "scenic easement" means the
right to control the use of land in order to carry out this Act, but
shall not preclude the continuation of any use that is compatible with
the overall management plan for the Arapaho National Recreation Area
developed pursuant to subsection (c) section 4.
(b) In exercising the authority conferred by this section to acquire
lands, the Secretary shall give prompt and careful consideration to any
offer made by an individual owning any land, or interest in land, within
the Arapaho National Recreation Area. In considering any such offer,
the Secretary shall take into consideration any hardship to the owner
which might result from any undue delay in acquiring the property.
Purchases made under this authority shall be made on a willing buyer,
willing seller basis.
(c) In exercising the authority conferred by this section to acquire
proproperty by exchange, the Secretary may accept title to any
non-Federal land, or interests therein, located within the Arapaho
National Recreation Area and the Secretary may convey in exchange
therefor any federally owned lands or interests in lands within the
State of Colorado which are classified by the Secretary as suitable for
exchange and which are under the Secretary's administrative
jurisdiction. The values of any lands or interests in lands so exchanged
shall be approximately equal, or if they are not approximately equal,
they shall be equalized by the payment of cash to the grantor or to the
Secretary so long as payment does not exceed 25 per centum of the total
value of the land or interest in land. In utilizing cash equalization
in exchanges the Secretary shall try to reduce the amount of the payment
of money to as small an amount as possible. In the exercise of his
exchange authority, the Secretary may utilize authorities and procedures
available to him in making exchanges of national forest lands.
(d) any land or interest in land owned by the State of Colorado or
any of its political subdivisions may by acquirecd only by donation or
exchange.
(e) Notwithstanding any other provision of law, any Federal lands or
interests in lands located within the Arapaho National Recreation Area
shall be transferred without consideration to the administrative
jurisdiction of the Secretary for use by the Secretary in carrying out
this Act. Lands within the Arapaho National Recreation Area acquired by
the Secretary or transferred to the Secretary's administrative
jurisdiction shall become part of that recreation area and of the
national forest within or adjacent to which they are located: Provided,
That the operation and facilities of the Colorado Big Thompson project
shall remain under the jurisdiction of the United States Bureau of
Reclamation.
RECREATION AREA
Sec. 6. // 16 USC 460jj-2 // The Secretary shall permit hunting and
fishing on lands and waters under the Secretary's jurisdiction within
the boundaries of the Arapaho National Recreation Area in accordance
with the laws of the United States and the State of Colorado, except
that the Secretary may designate zones where, and establish periods
when, no hunting or fishing shall be permitted for reasons of public
safety, area general administration, or public use and enjoyment.
Except in emergencies, any regulations made by the Secretary pursuant to
this section shall be put into effect only after consultation with the
appropriate State fish and game department.
NATIONAL
RECREATION AREA
Sec. 7. // 16 USC 460jj-3. // The Secretary shall cooperate with
other Federal agencies, with State and local public agencies, and with
private individuals and organizations in the issuance of permits for
facilities and services in the Arapaho National Recreation Area and the
development and operation of those facilities and services.
NATIONAL
RECREATION AREA
Sec. 8. The jurisdiction of the State of Colorado and the United
States over waters of any stream included in the Arapaho National
Recreation Area shall be determined by established principles of law.
Nothing in this Act shall constitute an express or implied claim or
denial on the part of the Federal Government as to exemption from State
water laws.
Sec. 9. // 16 USC 460jj-5. // As soom as practicable after the date
of enactment of this Act, the Secretary shall file a map and legal
description of the Indian Peaks Wilderness Area and the Arapaho National
Recreation Area with the Committee on Energy and Natural Resources of
the Senate and the Committee on Interior and Insular Affairs of the
House of Representatives and such description shall have the same force
and effect as if included in this Act, except that correction of any
clerical or typographical errors in such map and description may be
made. Such map and the map entitled " Indian Peaks Wilderness Area and
Arapaho National Recreation Area", dated July 1978, shall be on file and
made available for public inspection in the offices of the Chief of the
Forest Service, Department of Agriculture.
Sec. 10. Nothing in this Act // 16 USC 460jj-6. // shall diminish,
enlarge, or modify any right of the State of Colorado, or any political
subdivision thereof, to exercise civil and criminal jurisdiction within
the Indian Peaks Wilderness Area or the Arapaho National Recreation Area
or of rights to tax persons, franchises, or property, including mineral
or other interests, in or on lands or waters within those areas.
Sec.11. Effective October 1, 1979, there are authorized to be
appropriated to carry out sections 1 through 10 of this Act // 16 USC
460jj-7. // $5,000,000 for the acquisition of lands and interests in
lands and $5,000,000 for water quality and recreation development.
Moneys appropriated from the Land and Water Conservation Fund shall be
available for the acquisition of lands and interests therein within the
Arapaho National Recreation Area.
Sec. 12. (a) In accordance with subsection 3(c) of the Wilderness
Act (78 Stat. 892), // 16 USC 1132 // certain lands in the Oregon
Islands National Wildlife Refuge, Oregon, which comprise approximately
four hundred fifty-nine acres, which are depicted on a map entitled "
Oregon Islands Wilderness--Proposed", dated June 1972 (revised July
1972), is hereby designated as wilderness and shall become a part of the
existing " Oregon Islands Wilderness".
(b) As soon as practicable after this Act takes effect, the Secretary
of the Interior shall file a map and legal desciption of the Oregon
Islands Wilderness with the Committee on Energy and Natural Resources of
the Senate and the Interior and Insular Affairs Committee of the House
of Representatives and such map and description shall have the same
force and effect as if included in this Act: Provided, however, That
correction of clerical and typographical errors in such legal
description and map may be made. A map and legal description of the
Oregon Islands Wilderness shall be on file and available for public
inspection in the Office of the Director, Fish and Wildlife Service,
Department of the Interior.
(c) The lands designated by this Act as the Oregon Islands Wilderness
shall be administered in accordance with the applicable provisions of
the Wilderness Act governing areas designated by that Act as wilderness
areas, except that any reference in such provisions to the effective
date of the Wilderness Act shall be deemed to be a reference to the
effective date of this Act and, where appropriate, any reference to the
the Secretary of Agriculture shall be deemed to be a reference to the
Secretary of the Interior.
Sec. 13. Within one year of the date of enactment of this Act, // 16
USC 1132 // the Secretary of Agriculture and the Secretary of the
Interior shall jointly develop and submit to the Committee on Interior
and Insular Affairs of the House of Representatives and the Committee on
Energy and Natural Resources of the Senate, a comprehensive report
studying and evaluating the suitability of revising the boundaries of
Rocky Mountain National Park to include all or part of the Indian Peaks
Wilderness Area as estabished by this Act and examining the possible
addition or deletion of other lands designated as " Park Study Area" on
a map entitled " Indian Peaks Wilderness Area and Arapaho National
Recreation Area" dated July 1978: Provided, That regardless of the
ultimate administration of the areas to be studied under this section,
the seventy thousand-acre Indian Peaks Wilderness Area established by
this Act shall remain as a component of the National Wilderness
Preservation System.
Approved October 11, 1978.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 1460 (Comm. on Interior and Insular Affairs).
CONGRESSIONAL RECORD, Vol. 124 (1978):
Sept. 12, considered and passed House.
Sept. 27, considered and passed Senate.
PUBLIC LAW 95-449, 92 STAT. 1094
designating that week in
November 1978, which includes Thanksgiving Day as
" National Family Week".
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the President is hereby
authorized and requested to issue a proclamation designating the week
beginning on the Sunday preceding the fourth Thursday in November 1978,
as " National Family Week", and inviting the Governors of the several
States, the chief officials of local governments, and the people of the
United States to observe such day with appropriate ceremonies and
activities.
Approved October 11, 1978.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 1371 accommpanying H.J. Res. 684 (Comm. on Post
Office and Civil Service).
SENATE REPORT No. 95 - 1238 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 124 (1978):
Sept. 27, considered and passed Senate.
Sept. 29, considered and passed House, in lieu of H.J. Res.
684.
PUBLIC LAW 95-448, 92 STAT. 1073 AGRICULTURE RURAL DEVELOPMENT, and
related agencies, fiscal year 1979.
Development, and Related
Agencies programs for the fiscal year ending
September 30, 1979, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for Agriculture, Rural Development, and Related Agencies
programs for the fiscal year ending September 30, 1979, and for other
purposes; namely:
For necessary expenses of the Office of the Secretary of Agriculture,
includincluding not to exceed $75,000 for employment under 5 U.S.C.
3109, $4,310,000: Provided, That this appropriation shall be reimbursed
from applicable appropriations in this Act for travel expenses incident
to the holding of hearings as required by 5 U.S.C. 551 - 558: Provided
further, That not to exceed $8,000 of this amount shall be available for
official reception and representation expenses, not otherwise provided
for, as determined by the Secretary.
For Budget, Planning and Evaluation, $2,923,000; for Operations and
Finance, $2,947,650; for Public Participation, $220,000; for
Personnel, $2,790,530; for Equal Opportunity, $1,844,650; for
Governmental and Public Affairs, including the dissemination of
agricultural information and the coordination of informational work and
programs authorized by Congress in the Department, $7,871,170; making a
total of $18,597,000 for Departmental Administration to provide for
necessary expenses for management support services to offices of the
Department of Agriculture, and for general administration of the
Department of Agriculture, repairs and alterations, and other
miscellaneous supplies and expenses not otherwise provided for and
necessary for the practical and efficient work of the Department of
Agriculture, of which not to exceed $10,000 for employment under 5 U.S.
C. 3109 and, not to exceed $1,950,000 may be used for farmers' bulletins
and not less than two hundred thirty-two thousand two hundred and fifty
copies for the use of the Senate and House of Representatives of part 2
of the annual report of the Secretary (known as the Yearbook of
Agriculture) as authorized by 44 U.S.C. 1301: Provided, That in the
preparation of motion pictures or exhibits by the Department, this
appropriation shall be available for employment pursuant to the second
sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225).
For necessary expenses of the Office of the Inspector General,
including employment pursuant to the second sentence of section 706(a)
of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $10,000,
for employment under 5 U.S.C. 3109, $22,945,000, and in addition,
$8,619,000 shall be derived by transfer from the appropriation, " Food
Stamp Program" and merged with this appropriation.
For necessary expenses, including payment of fees or dues for the use
of law libraries by attorneys in the field service, $10,251,000.
For necessary expenses to carry out the provisions of the United
States Grain Standards Act, // 7 USC 71. // as amended, and the
standardization activities related to grain under the Agricultural
Marketing Act of 1946, // 7 USC 1621 // as amended, including field
employment pursuant to section 706(a) of the Organic Act of 1944 (7 U.
S.C. 2225), and not to exceed $50,000 for employment under 5 U.S.C.
3109, $22,680,000: Provided, That this appropriation shall be available
pursuant to law (7 U.S.C. 2250) for the alteration and repair of
buildings and improvements, but, unless otherwise provided, the cost of
altering any one building during the fiscal year shall not exceed 10 per
centum of the current replacement value of the building: Provided
further, That none of the funds provided by this Act may be used to pay
the salaries of any person or persons who require non-export,
non-termial interior elevators to maintain records not involving
official inspection or official weighing in the United States under
Public Law 94 - 582 // 7 USC 71 // other than those necessary to fulfill
the purposes of such Act.
For necessary expenses to enable the Agricultural Research Service to
perform agricultural research and demonstration relating to production,
utilization, marketing, and distribution (not otherwise provided for),
home economics or nutrition and consumer use, and for acquisition of
lands by donation, exchange, or purchase at a nominal cost not to exceed
$100, $338,416,000: Provided, That appropriations hereunder shall be
available for field employment pursuant to the second sentence of
section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to
exceed $100,000 shall be available for employment under 5 U.S.C. 3109:
// 7 USC 2254. // Provided further, That appropriations hereunder shall
be available for the operation and maintenance of aircraft and the
purchase of not to exceed one for replacement only and for the
acquistion without cost of not to exceed one to be obtained by transfer:
Provided further, That of the appropriations hereunder, not less than
$10,526,600 shall be available to conduct marketing research: Provided
further, That appropriations hereunder shall be available pursuant to 7
U.S.C. 2250 for the construction, alteration, and repair of buildings
and improvements, but, unless otherwise provided, the cost of
constructing any one building (except headhouses connecting greenhouses)
shall not exceed $70,000, except for nine buildings to be constructed or
improved at a cost not to exceed $135,000 each, and the cost of altering
any one building during the fiscal year shall not exceed 9 per centum of
the current replacement value of the building: Provided further, That
the limitations on alterations contained in this Act shall not apply to
a total of $100,000 for facilities at Beltsville, Maryland: Provided
further, That the foregoing limitations shall not apply to replacement
of buildings needed to carry out the Act of April 24, 1948 (21 U.S.C.
113a).
Special fund: To provide for additional labor, subprofessional, and
junior scientific help to be employed under contracts and cooperative
agreements to strengthen the work at research installations in the
field, not more than $2,000,000 of the amount appropriated under this
head for the previous fiscal year may be used by the Administrator of
the Agricultural Research Service in departmental research programs in
the current fiscal year, the amount so used to be transferred to and
merged with the appropriation otherwise available under " Agricultural
Research Service".
For construction, repair, improvement, extension, alteration, and
purchase of fixed equipment or facilities of or used by the Agricultural
Research Service, where not otherwise provided, $35,720,000.
CURRENCY PROGRAMS)
For payments in foreign currencies owed to or owned by the United
States for market development research authorized by section 104(b) (1)
and for agricultural and forestry research and other functions related
thereto authorized by section 104(b)(3) of the Agricultural Trade
Development and Assistance Act of 1954, as amended (7 U.S.C. 1704(b)
(1), (3)), $5,750,000: Provided, That this appropriation shall be
available, in addition to other appropriations for these purposes, for
payments in the foregoing currencies: Provided further, That funds
appropriated herein shall be used for payments in such foreign
currencies as the Department determines are needed, and can be used most
effectively to carry out the purposes of this paragraph: Provided
further, That not to exceed $25,000 of this appropriation shall be
available for payments in foreign currencies for expenses of employment
pursuant to the second sentence of section 706(a) of the Organic Act of
1944 (7 U.S.C. 2225), as amended by 5 U.S.C. 3109.
For expenses, not otherwise provided for, including those pursuant to
the Act of February 28, 1947, as amended (21 U.S.C. 114b-c) necessary to
prevent, control, and eradicate pests and plant and animal diseases; to
carry out inspection, quarantine, and regulatory activities; and to
protect the environment, as authorized by law, $232,141,000, of which
$3,000,000 shall be available for the control of outbreaks of insects,
plant diseases and animal diseases to the extent necessary to meet
emergency conditions and $5,713,000 may be for repayment to the
Commodity Credit Corporation of advances (and interest thereon) made in
accordance with authorities contained in the provisions of the
appropriation items for the Animal and Plant Health Inspection
Service in the Agriculture and Related Agencies Appropriation Act, 1977:
// 90 Stat. 851 // Provided, That $1,000,000 of the funds for control
of the fire ant shall be placed in reserve for matching purposes with
States which may come into the program: Provided further, That no funds
shall be used to formulate or administer a brucellosis eradication
program for the current fiscal year that does not require minimum
matching by the States of at least 40 per centum: Provided further,
That this appropriation shal be available for field employment pursuant
to the second sentence of section 706(a) of the Organic Act of 1944 (7
U.S.C. 2225), and not to exceed $40,000 shall be available for
employment under 5 U.S.C. 3109: Provided further, That this
appropriation shall be available for the operation and maintenance of
aircraft and the purchase of not to exceed four, of which two shall be
for replacement only: Provided further, That this appropriation shall
be available pursuant to 7 U.S.C. 2250 for the construction, alteration,
and repair of buildings and improvements, but, unless otherwise
provided, the cost of constructing any one building shall not exceed
$75,000, except for four buildings to be constructed or improved at a
cost of not to exceed $145,000 each, and the cost of altering any one
building during the fiscal year shall not exceed 10 per centum of the
current replacement value of the building: Provided further, That this
appropriation shall be available for acquisition of lands by donation,
exchange, or purchase at a nominal cost not to exceed $100, except for
purchase of land for an Animal Holding and Testing Facility at Ames,
Lowa: Provided further, That, in addition, in emergencies which
threaten the livestock or poultry industries of the country, the
Secretary may transfer from other appropriations or funds available to
the agencies or corporations of the Department such sums as he may deem
necessary, to be available only in such emergencies for the arrest and
eradication of foot-and-mouth disease, rinderpest, contagious
pleuropneumonia,or other contagious or infectious diseases of animals,
or European fowl pest and similar diseases in poultry, and for expenses
in accordance with the Act of February 28, 1947, // 21 USC 114b // as
amended, and any unexpended balances of funds transferred for such
emergency purposes in the next preceding fiscal year shall be merged
with such transferred amounts.
For necessary expenses to carry on services related to consumer
protection and agricultural marketing and distribution, $271,104,000:
Provided, That this appropriation shall be available for field
employment pursuant to section 706(a) of the Organic Act of 1944 (7 U.
S.C. 2225), and not to exceed $25,000 shall be available for employment
under 5 U.S.C. 3109: Provided further, That this appropriation shall be
available pursuant to law (7 U.S.C. 2250) for the construction,
alteration, and repair of buildings and improvements, but, unless
otherwise provided, the cost of constructing any one building shall not
exceed $70,000, except for one building to be constructed or improved at
a cost not to exceed $135,000, and the cost of altering any one building
during the fiscal year shall not exceed 10 per centum of the current
replacement value of the building: Provided further, That this
appropriation shall be available for acquistion of lands by donation,
exchange, or purchase at a nominal cost not to exceed $100.
(SECTION 32)
Funds available under section 32 of the Act of August 24, 1935 (7 U.
S.C. 612c) shall be used only for commodity program expenses as
authorized therein, and other related operating expenses, except for (1)
transfers to the Department of Commerce as authorized by the Fish and
Wildlife Act of August 8, 1956; // 16 USC 742a // (2) transfers
otherwise provided in this Act; and (3) not more than $4,678,000 for
formulation and administration of marketing agreements and orders
pursuant to the Agricultural Marketing Agreement Act of 1937, // 7 USC
601 // as amended, and the Agricultural Act of 1961. // 16 USC 1911 //
For payments to agricultural experiment station, for cooperative
forestry and other research, for facilities, and for other expenses,
including $109,066,000 to carry into effect the provisions of the Hatch
Act, approved March 2, 1887, as amended by the Act approved August 11,
1955 (7 U.S.C. 361a-361i), // 20 USC 1001 // and further amended by
Public Law 92 - 318 approved June 23, 1972, and further amended by
Public Law .93 - 471 approved October 26, 1974, including administration
by the United States Department of Agriculture, and penalty mail costs
of agricultural experiment stations under section 6 of the Hatch Act of
1887, as amended; $9,500,000 for grants for cooperative forestry
research under the Act approved October 10, 1962 (16 U.S.C.
582a-582a-7), as amended by Public Law 92 - 318 approved June 23, 1972;
$16,360,000 for payments to the 1890 land-grant colleges, including
Tuskegee Institute, for research under the National Agricultural
Research, Extension and Teaching Policy Act of 1977 (Public Law 95 -
113), // 7 USC 1281 // including administration by the United States
Department of Agriculture, and penalty mail costs of the 1890 land-grant
colleges, including Tuskegee Institute; $1,500,000 for Rural
Development Research as authorized under the Rural Development Act of
1972, as amended (7 U.S.C. 2661 - 2668), including administrative
expenses; $31,273,000 for contracts and grants for agricultural
research under the Act of August 4, 1965, as amended (7 U. S.C. 450i),
of which $15,773,000 is for special research grants, $15,000,000 is for
competitive research grants, and $500,000 is for grants in accordance
with section 1419 of Public Law 95 - 113, // 7 USC 3154. // including
administrative expenses; $5,000,000 for the support of animal health
and disease research programs authorized by sections 1433 and 1434 of
Public Law 95 - 113; // 7 USC 3195 // and $1,696,000 for necessary
expenses of the Cooperative State Research Service, including
administration of payments to State agricultural experiment stations,
funds for employment pursuant to the second sentence of section 706(a)
of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $50,000
for employment under 5 U.S.C. 3109; in all, $174,395,000.
Payments to States, Puerto Rico, Guam, and Virgin Islands: For
payments for cooperative agricultural extension work under the
Smith-Lever Act, as amended by the Act of June 26, 1953, the Act of
August 11, 1955, the Act of October 5, 1962 (7 U.S.C. 341 - 349),
section 506 of the Act of June 23, 1972, // 86 Stat. 350. // and the
Act 7 USC 1281 note. of September 29, 1977 (7 U.S.C. 341 - 349), to be
distributed under sections 3(b) and 3(c) of the Act, 7 USC 343. for
retirement and employees' compensation costs for extension agents, and
for costs of penalty mail for cooperative extension agents and State
extension directors, $179,831,000; payments for the nutrition and
family education program for low-income areas under section 3(d) of the
Act, // 7 USC 343 // $51,810,000; payments for the urban gardening
programs under section 3(d) of the Act, $3,000,000; payments for rural
development work under section 3(d) of the Act, $1,000,000; payments
for the pest management program under section 3(d) of the Act,
$5,435,000; payments for the farm safety program under section 3(d) of
the Act, $1,020,000; payments for the pesticide impact assessment
program under section 3(d) of the Act, $1,735,000; payments for
extension work under section 209(c) of Public Law 93 - 471, // D.C.
Code 31 - 1719 // $910,000; $2,500,000 for Rural Development Education
as authorized under the Rural Development Act of 1972 (7 U.S.C. 2661 -
2668); payments for extension work by the colleges receiving the
benefits of the second Morrill Act (7 U.S.C. 321 - 326, 328) and
Tuskegee Institute under section 1444 of the National Agricultural
Research, Extension and Teaching Policy Act of 1977 // 7 USC 321 //
(Public Law 95 - 113), $10,115,000; and for carrying out the provisions
of section 22 of the Act of June 29, 1935, as amended (7 U. S.C. 329),
$11,500,000; in all, $268,856,000, of which not less than $75,579,000
is for Home Economics: Provided, That funds hereby appropriated
pursuant to section 3(c) of the Act of June 26, 1953, // 7 USC 343. //
and section 506 of the Act of June 23, 1972, // 86 Stat. 350. // as
amended, shall not be paid to any State, Puerto Rico, Guam, or the
Virgin Islands prior to availability of an equal sum from non-- Federal
sources for expenditure during the current fiscal year.
Federal administration and coordination: For administration of the
Smith-Lever Act, as amended by the Act of June 26, 1953, the Act of
August 11, 1955, the Act of October 5, 1962, section 506 of the Act of
June 23, 1972, section 209(d) of Public Law 93 - 471, and the Act of
September 29, 1977 (7 U.S.C. 344 - 349), // 7 USC 1281 // and to
coordinate and provide program leadership for the extension work of the
Department and the several States and insular possessions, $6,543,000,
of which not less than $2,029,000 is for Home Economics.
For necessary expenses of the National Agricultural Library,
$7,527,000: Provided, That this appropriation shall be available for
employment pursuant to the second sentence of section 706(a) of the
Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $35,000 shall be
available for employment under 5 U.S.C. 3109: Provided further, That
not to exceed $100,000 shall be available pursuant to 7 U.S.C. 2250 for
the alteration and repair of buildings and improvements.
For necessary expenses of the Economics, Statistics, and Cooperatives
Service to carry out the Act of July 2, 1926 (7 U.S.C. 451 - 457), and
as authorized by the Agricultural Marketing Act of 1946 (7 U.S.C. 1621 -
1627), and other laws, in conducting: statistical reporting and service
work, including crop and livestock estimates, statistical coordination
and improvements, and marketing surveys; research relating to the
economic and marketing aspects of farmer cooperatives; economic
research and service relating to agricultural production, marketing, and
distribution, including economics of marketing; analyses relating to
farm prices, income and population, and demand for farm products, use of
resources in agriculture, adjustments, cost and returns in farming, and
farm finance; and for analyses of supply and demand for farm products
in foreign countries and their effect on prospects for United States
exports, progress in economic development and its relation to sales of
farm products, assembly and analysis of agricultural trade statistics
and analysis of international financial and monetary programs and
policies as they affect the competitive position of United States farm
products; $80,112,000, of which not less than $200,000 shall be
available for investigation, determination and finding as to the effect
upon the production of food and upon the agricultural economy of any
proposed action affecting such subject matter pending before the
Administrator of the Environmental Protection Agency for presentation,
in the public interest, before said administrator, other agencies or
before the courts: Provided, That not less than $350,000 of the funds
contained in this appropriation shall be available to continue to gather
statistics and conduct a special study on the price spread between the
farmer and consumer: Provided further, That not less than $145,000 of
the funds contained in this appropriation shall be available for
analysis of statistics and related facts on foreign production and full
and complete information on methods used by other countries to move farm
commodities in world trade on a competitive basis: Provided further,
That no part of the funds herein appropriated shall be available for any
expense incident to publishing estimates of apple production for other
than the commercial crop: Provided further, That this appropriation
shall be available for employment pursuant to the second sentence of
section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to
exceed $140,000 shall be available for employment under 5 U.S.C. 3109.
For necessary expenses to carry on services related to agricultural
marketing and distribution and regulatory programs as authorized by law,
and for administration and coordination of payments to States;
including field employment pursuant to section 706(a) of the Organic Act
of 1944 (7 U.S.C. 2225), and not to exceed $75,000 for employment under
5 U.S.C. 3109, $46,502,000: Provided, That this appropriation shall be
available pursuant to law (7 U.S.C. 2250) for the alteration and repair
of buildings and improvements, but, unless otherwise provided, the cost
of altering any one building during the fiscal year shall not exceed
$7,500 or 7.5 per centum of the cost of the building, whichever is
greater.
For payments to departments of agriculture, bureaus and departments
of markets, and similar agencies for marketing activities under section
204(b) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1623(b)),
$1,600,000.
Board
For necessary expenses of the World Food and Agricultural Outlook and
Situation Board to coordinate and review all commodity and aggregate
agricultural and food data used to develop outlook and situation
material within the Department of Agriculture, as authorized by the
Agricultural Marketing Act of 1946 // 7 USC 1622. // (7 U.S.C. 1622g),
$1,009,000: Provided, That this appropriation shall be available for
employment pursuant to the second sentence of section 706(a) of the
Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $75,000 shall be
available for employment under 5 U.S.C. 3109.
For necessary administrative expenses of the Agricultural
Stabilization and Conservation Service, including expenses to formulate
and carry out programs authorized by title III of the Agricultural
Adjustment Act of 1938, as amended (7 U.S.C. 1301 - 1393); the
Agricultural Act of 1949, as amended (7 U.S.C. 1421 et seq.); sections
7 to 15, 16(a), 16(b), 16(d), 16(e), 16(f), 16(i), and 17 of the Soil
Conservation and Domestic Allotment Act, as amended and supplemented (16
U.S.C. 590g - 590q); sections 1001 to 1010 of the Agricultural Act of
1970 as added by the Agriculture and Consumer Protection Act of 1973 (16
U.S.C. 1501 to 1510); the Water Bank Act (16 U.S.C. 1301 -1311); and
laws pertaining to the Commodity Credit Corporation, $227,527,000:
Provided, That, in addition, not to exceed $99,865,000 may be
transferred to and merged with this appropriation from the Commodity
Credit Corporation fund (including not to exceed $43,094,000 under the
limitation on Commodity Credit Corporation administrative expenses for a
total of $327,392,000): Provided further, That other funds made
available to the Agricultural Stabilization and Conservation Service for
authorized activitiies may be advanced to and merged with this
appropriation: Provided further, That this appropriation shall be
available for employment pursuant to the second sentence of section
706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed
$100,000 shall be available for employment under 5 U.S.C. 3109:
Provided further, That no part of the funds appropriated or made
available under this Act shall be used (1) to influence the vote in any
referendum; (2) to influence agricultural legislation, except as
permitted in 18 U.S.C. 1913; or (3) for salaries or other expenses of
members of county and community committees established pursuant to
section 8(b) of the Soil Conservation and Domestic Allotment Act, // 16
USC 590h // as amended, for engaging in any activities other than
advisory and supervisory duties and delegated program functions
prescribed in administrative regulations.
For necessary expenses involved in making indemnity payments to dairy
farmers for milk or cows producing such milk and manufacturers of dairy
products who have been directed to remove their milk or dairy products
from commercial markets because it contained residues of chemicals
registered and approved for use by the Federal Government, and in making
indemnity payments for milk, or cows producing such milk, at a fair
market value to any dairy farmer who is directed to remove his milk from
commercial markets because of (1) the presence of products of nuclear
radiation or fallout if such contamination is not due to the fault of
the farmer, or (2) residues of chemicals or toxic substances not
included under the first sentence of the Act of August 13, 1968, as
amended (7 U.S.C. 450j), if such chemicals or toxic substances were not
used in a manner contrary to applicable regulations or labeling
instructions provided at the time of use and the contamination is not
due to the fault of the farmer, and to beekeepers who through no fault
of their own have suffered losses as a result of the use of ecomomic
poisons which had been registered and approved for use by the Federal
Government, $3,240,000: Provided, That none of the funds contained in
this Act shall be used to make indemnity payments to any farmer whose
milk was removed from commercial markets as a result of his willful
failure to follow procedures prescribed by the Federal Government.
The following corporations and agencies are hereby authorized to make
such expenditures, within the limits of funds and borrowing authority
available to each such corporation or agency and in accord with law, and
to make such contracts and commitments without regard to fiscal year
limitations as provided by section 104 of the Government Corporation
Control Act, // 31 USC 849 // as amended, as may be necessary in
carrying out the programs set forth in the budget for the current fiscal
year for such corporation or agency, except as hereinafter provided:
For administrative and operating expenses, $12,000,000.
Not to exceed $12,669,000 of administrative and operating expense may
be paid from premium income.
As authorized by section 301 of Public Law 95 - 279, // 92 Stat.
242. // $5,500,000,000 shall be available to the Commodity Credit
Corporation for necessary expenses, including the liquidation of
contract authorizations, in carrying out its authorized programs, to
remain available without regard to fiscal year limitations.
To reimburse the Commodity Credit Corporation for net realized losses
sustained in prior years, but not previously reimbursed, pursuant to the
Act of August 17, 1961 (15 U.S.C. 713a - 11, 713a - 12), $990,900,000.
Not to exceed $50,100,000, shall be available for administrative
expenses of the Commodity Credit Corporation: Provided, That this
authorization shall be available to support the Office of the General
Sales Manager which shall work to expand and stregthen sales of U.S.
commodities in world markets (including those of the Corporation)
pursuant to existing authority (including that contained in the
Corporation's chrter), and that such funds shall be used by the General
Sales Manager to carry out the above activities. The General Sales
Manager shall report directly to the Board of Directors of the
Corporation of which the Secretary of Agriculture is a member. The
General Sales Manager shall obtain, assimilate, and analyze all
available information on developments related to private sales, as well
as those funded by the Corporation, including grade and quality as sold
and as delivered and shall submit quarterly reports to the appropriate
committees of Congress concerning such developments: Provided further,
That none of the funds in this Act may be used to carry out an Export
Credit Sales program in excess of $2,200,000,000 in fiscal year 1979:
Provided further, That not less than 7 per centum of this authorization
shall be placed in reserve to be apportioned pursuant to section 3679 of
the Revised Statutes, // 31 USC 665. // as amended, for use only in
such amounts and at such times as may become necessary to carry out
program operations: Provided further, That all necessary expenses
(including legal and special services performed on a contract or fee
basis, but not including other personal services) in connection with the
acquisition, operation, maintenance, improvement, or disposition of any
real or personal property belonging to the Corporation or in which it
has an interest, including expenses of collections of pledged
collateral, shall be considered as nonadministrative expenses for the
purposes hereof.
For direct loans and related advances pursuant to section 517 (m) of
the Housing Act of 1949, // 42 USC 1487. // as amended, $24,000,000
shall be available from funds in the rural housing insurance fund, and
for insured loans as authorized by title V of the Houseing Act of 1949,
// 42 USC 1471. // as amended, $3,776,000,000, of which not less than
$2,865,000,000 shall be available for subsidized interest loans to
low-income borrowers as determined by the Secretary; and not to exceed
$2,000,000 for advances as authorized by section 501(e) of such Act //
42 USC 1471. // and not to exceed $1,000,000 for compensation of
construction defects as authorized by section 509(c) of such Act: // 42
USC 1479. // Provided, That unsubsidized interest guaranteed loans of
not to exceed $500,000,000 shall be in addition to these amounts.
During fiscal year 1979, no more than 23,000 units may be assisted
under rental assistance agreements entered into during the year pursuant
to authority under section 521(a)(2) of the Housing Act of 1949, // 42
USC 1490a. // as amended, and the total obligation incurred over the
life of these agreements shall not exceed $425,500,000.
For an additional amount to reimburse the rural housing insurance
fund for interest subsidies and losses sustained in prior years, but not
previously reimbursed, in carrying out the provisions of title V of the
Housing Act of 1949, as amended (42 U.S.C. 1483, 1487e, and 1490a (c),
including $66,655,000 as authorized by section 521(c) of the Act,
$320,192,000, and for an additional amount as authorized by section
521(c) of the Act as may be necessary to reimburse the fund to carry out
a rental assistance program under section 521(a)(2) of the Housing Act
of 1949, // 42 USC 1490a. // as amended.
For an additional amount to reimburse the agricultural credit
insurance fund for interest subsidies and losses sustained in prior
years, but not previously reimbursed, in carrying out the provisions of
the Consolidated Farm and Rural Development Act, as amended (7 U.S.C.
1988 (a)), $143,565,000.
Loans may be insured, or made to be sold and insured, under this fund
in accordance with and subject to the provisions of 7 U.S.C. 1928 -
1929, or guaranteed, as follows: real estate loans, $875,600,000,
including not less than $800,000,000 for farm ownership loans of which
$50,000,000 shall be guaranteed loans; and not less than $58,000,000
for water development, use, and conservation loans; operating loans,
$825,000,000 of which $25,000,000 shall be guaranteed loans; and
emergency loans in amounts necessary to meet the needs resulting from
natural disasters.
For an additional amount to reimburse the rural development insurance
fund for interest subsidies and losses sustained in prior years, but not
previously reimbursed, in carrying out the provisions of the
Consolidated Farm and Rural Development Act, as amended (7 U.S.C.
1988(a)), $107,276,000.
For loans to be insured, or made to be sold and insured, under this
fund in accordance with and subject to the provisions of 7 U.S.C. 1928
and 86 Stat. 661 - 664, // 7 USC 1929a, 1931 - 1933. // as follows:
water and sewer facility loans, $900,000,000; guaranteed industrial
development loans, $1,100,000,000; and community facility loans,
$250,000,000.
For grants pursuant to sections 306(a)(2) and 306(a)(6) of the
Consolidated Farm and Rural Development Act, as amended (7 U.S.C.
1926), $282,500,000 to remain available until expended, pursuant to
section 306(d) of the above Act.
For grants to the elderly pursuant to section 504 of the Housing Act
of 1949, // 42 USC 1474. // as amended, $19,000,000.
For financial assistance to public nonprofit organizations for
housing for domestic farm labor, pursuant to section 516 of the Housing
Act of 1949, as amended (42 U.S.C. 1486), $33,000,000.
For grants pursuant to section 523(b)(1)(A) of the Housing Act of
1949 (42 U.S.C. 1490c), $13,500,000.
To carry into effect the provisions of the Rural Electrification Act
of 1936, as amended (7 U.S.C. 901 - 950(b)), as follows:
Insured loans pursuant to the authority of section 305 of the Rural
Electrification Act of 1936, as amended (7 U.S.C. 935), shall be made as
follows: rural electrification loans, not less than $850,000,000, nor
more than $1,000,000,000, and rural telephone loans, not less than
$250,000,000, to remain available until expended: Provided, That loans
made pursuant to section 306 of that Act // 7 USC 936. // are in
addition to these amounts.
For the purchase of Class A stock of the Rural Telephone Bank,
$30,000,000, to remain available until expended (7 U.S.C. 901 - 950(
b)).
The Rural Telephone Bank is hereby authorized to make such
expenditures, within the limits of funds and borrowing authority
available to such corporation in accord with law, and to make such
contracts and commitments without regard to fiscal year limitations as
provided by section 104 of the Government Corporation Control Act, // 31
USC 849. // as amended, as may be necessary in carrying out its
authorized programs for the current fiscal year.
For administrative expenses to carry out the provisions of the Rural
Electrification Act of 1936, as amended (7 U.S.C. 901 - 950(b)),
including not to exceed $500 for financial and credit reports, funds for
employment pursuant to the second sentence of section 706(a) of the
Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $150,000 for
employment under 5 U.S.C. 3109, $24,805,000.
For necessary expenses for carrying out the provisions of the Act of
April 27, 1935 (16 U.S.C. 590a-590f), including preparation of
conservation plans and establishment of measures to conserve soil and
water (including farm irrigation and land drainage and such special
measures for soil and water management as may be necessary to prevent
floods and the siltation of reservoirs and to control agricultural
related pollutants); operation of conservation plant material centers;
classification and mapping of soil; dissemination of information;
purchase and erection or alteration of permanent buildings; and
operation and maintenance of aircraft, $255,466,000: Provided, That the
cost of any permanent building purchased, erected, or as improved,
exclusive of the cost of constructing a water supply or sanitary system
and connecting the same to any such building and with the exception of
buildings acquired in conjunction with land being purchased for other
purposes, shall not exceed $5,000, except for one building to be
constructed at a cost not to exceed $50,000 and eight buildings to be
constructed or improved at a cost not to exceed $30,000 per building and
except that alterations or improvements to other existing permanent
buildings costing $5,000 or more may be made in any fiscal year in an
amount not to exceed $1,000 per building: Provided further, That no
part of this appropriation shall be available for the construction of
any such building on land not owned by the Government: Provided
further, That no part of this appropriation may be expended for soil and
water conservation operations under the Act of April 27, 1935 (16 U.S.C.
590a-590f) in demonstration projects: Provided further, That this
appropriation shall be available for field employment pursuant to the
second sentence of section 706 (a) of the Organic Act of 1944 (7 U.
S.C. 2225) and not to exceed $25,000 shall be available for employment
under 5 U.S.C. 3109: Provided further, That qualified local engineers
may be temporarily employed at per diem rates to perform the technical
planning work of the Service.
For necessary expenses to conduct research, investigations, and
surveys of the watersheds of rivers and other waterways, in accordance
with section 6 of the Watershed Protection and Flood Prevention Act,
approved August 4, 1954, as amended (16 U.S.C. 1006 - 1009),
$16,487,000: Provided, That this appropriation shall be available for
field employment pursuant to the second sentence of section 706(a) of
the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $60,000 shall
be available for employment under 5 U.S.C. 3109.
For necessary expenses for small watershed investigations and
planning, in accordance with the Watershed Protection and Flood
Prevention Act, as amended (16 U.S.C. 1001 - 1008), $11,847,000:
Provided, That this appropriation shall be available for field
employment pursuant to the second sentence of section 706(a) of the
Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $50,000 shall be
available for employment under 5 U.S.C. 3109.
For necessary expenses to carry out preventive measures, including
but not limited to research, engineering operations, methods of
cultivation, the growing of vegetation, and changes in use of land, in
accordance with the Watershed Protection and Flood Prevention Act,
approved August 4, 1954, as amended (16 U.S.C. 1001 - 1005, 1007 -
1009), the provisions of the Act of April 27, 1935 (16 U.S.C. 590a-f),
and in accordance with the provisions of laws relating to the activities
of the Department, $169,607,000 (of which $23,500,000 shall be available
for the watersheds authorized under the Flood Control Act, approved June
22, 1936 (33 U.S.C. 701, 16 U.S.C. 1006a), as amended and supplemented):
Provided, That this appropriation shall be available for field
employment pursuant to the second sentence of section 706(a) of the
Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $10,000,000 shall
be available for emergency measures as provided by section 216 of the
Flood Control Act of 1950 (33 U.S.C. 701b-1),and not to exceed $200,000
shall be available for employment under 5 U.S.C. 3109: Provided
further, That $26,000,000 in loans may be insured, or made to be sold
and insured, under the Agricultural Credit Insurance Fund of the Farmers
Home Administration (86 Stat. 663): Provided further, That, not to
exceed $1,000,000 of this appropriation is available to carry out the
purposes of the Endangered Species Act of 1973 (Public Law 93 - 205), //
16 USC 1531 // as amended, including cooperative efforts as contemplated
by that Act to relocate endangered or threatened specis to other
suitable habitats as may be necessary to expedite project construction.
For necessary expenses in planning and carrying out projects for
resource conservation and development including authorization of 6 new
areas, and for sound land use, pursuant to the provisions of section
32(e) of title III of the Bandhead-Jones Farm Tenant Act, as amended (7
U.S.C. 1010 - 1011; 76 Stat. 607), and the provisions of the Act of
April 27, 1935 (16 U.S.C. 590a-f), $25,000,000: Provided, That
$4,000,000 in loans may be insured, or made to be sold and insured.
under the Agricultural Credit Insurance Fund of the Farmers Home
Administration (86 Stat. 663): Provided further, That this
appropriation shall be available for field employment pursuant to the
second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C.
2225), and not to exceed $50,000 shall be available for employment under
5 U.S.C. 3109.
For necessary expenses to carry into effect a program of conservation
in the Great Plains area, pursuant to section 16(b) of the Soil
Conservation and Domestic Allotment Act, as added by the Act of August
7, 1956, as amended (16 U.S.C. 590p(b)), $18,288,000, to remain
available until expended.
For necessary expenses to carry into effect the program authorized in
sections 7 to 15, 16(a), (b), and 17 of the Soil Conservation and
Domestic Allotment Act, approved February 29, 1936, as amended and
supplemented (16 U.S.C. 590g-590oo, 590p(a), (b), and 590q), and
sections 1001 - 1008, and 1010 of the Agricultural Act of 1970, as added
by the Agriculture and Consumer Protection Act of 1973 (16 U.S.C. 1501
- 1508, and 1510), and including not to exceed $15,000 for the
preparation and display of exhibits, including such displays at State,
interstate, and international fairs within the United States,
$190,000,000, of which $75,000,000 shall be available immediately upon
enactment, for compliance with the programs of soil-building and
soil-and water-conserving practices authorized under this head in the
Agriculture and Related Agencies Appropriation Act 1978, // 91 Stat.
810. // entered into during the period October 1, 1977, to December 31,
1978, inclusive: Provided, That no portion of the funds for the current
year's program may be utilized to provide financial or technical
assistance for drainage on wetlands now designated as Wetland Types 3
(III) through 20 (XX) in United States Department of the Interior, Fish
and Wildlife Circular 39, Wetlands of the United States, 1956: Provided
further, That necessary amounts shall be available for administrative
expenses in connection with the formulation and administration of the
1979 program of soil-building and soil-and water-conserving practices,
including related wildlife conserving practices, and pollution abatement
practices, under the Act of February 29, 1936, // 16 USC 590g. // as
amended (amounting to $190,000,000, excluding administration, to incur
obligations and to liquidate such obligations, to remain available until
expended, but including technical assistance and related expenses,
except that no participant in the Agricultural Conservation Program
shall receive more than $3,500, except where the participants from two
or more farms or ranches join to carry out approved practices designed
to conserve or improve the agricultural resources of the community):
Provided further, That such amounts shall be available for the purchase
of seeds, fertilizers, lime, trees, or any other conservation material,
or any soil-terracing services, and making grants thereof to
agricultural producers to aid them in carrying out enduring conservation
and environmental enhancement measures and practices, as specified in
section 1501 of Public Law 95 - 113 // 91 Stat. 1019. // (including
those practices or programs which are deemed essential to maintain soil
productivity, prevent soil depletion, or prevent increased cost of
production, thus assuring a continous supply of food and fiber necessary
for the maintenance of a strong and healthy people and economy) as
determined by the county committees, approved by the State committees
and the Secretary, under programs provided for herein: Provided
further, That such assistance will not be used for carrying out measures
and practices that are primarily production-oriented or that have little
or no conservation or pollution abatement benefits: Provided further,
That not to exceed 5 per centum of the allocation for the current year's
program for any county may, on the recommendation of such county
committee and approval of the State committee, be withheld and allotted
to the Soil Conservation Service for services of its technicians in
formulating and carrying out the Agricultural Conservation Program in
the participating counties, and shall not be utilized by the Soil
Conservation Service for any purpose other than technical and other
assistance in such counties, and in addition, on the recommendation of
such county committee and approval of the State committee, not to exceed
1 per centum may be made available to any other Federal, State, or local
public agency for the same purpose and under the same conditions:
Provided further, That for the current year's program $2,500,000 shall
be available for technical assistance in formulating and carrying out
rural environmental practices: Provided further, That no part of any
funds available to the Department, or any bureau, office, corporation,
or other agency constituting a part of such Department, shall be used in
the current fiscal year for the payment of salary or travel expenses of
any person who has been convicted of violating the Act entitled " An Act
to prevent pernicious political activities", approved August 2, 1939, //
53 Stat. 1147. // as amended, or who has been found in accordance with
the provisions of title 18 U. S.C. 1913, to have violated or attempted
to violate such section which prohibits the use of Federal
appropriations for the payment of personal services or other expenses
designed to influence in any manner a Member of Congress to favor or
oppose any legislation or appropriation by Congress except upon request
of any Member or through the proper official channels: Provided
further, That unexpended funds previously appropriated to liquidate
outstanding obligations for the 1975 through 1978 Agricultural
Conservation Programs shall be merged with the 1979 appropriation as of
December 31, 1978.
For necessary expenses, not otherwise provided for, to carry out the
program of forestry incentives, as authorized in section 4 of the
Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2103), including
technical assistance and related expenses, $15,000,000.
For necessary expenses to carry into effect the provisions of the
Water Bank Act (16 U.S.C. 1301 - 1311), $10,000,000, to remain available
until expended.
For emergency conservation measures, to be used for the same purposes
and subject to the same conditions as funds appropriated under this head
in the Third Supplemental Appropriations Act, 1957, // 71 Stat. 176. //
$10,000,000, with which shall be merged the unexpended balances of funds
heretofore appropriated for emergency conservation measures.
For necessary expenses to carry out the provisions of the National
School Lunch Act, as amended (42 U.S.C. 1751 - 1761, and 1766), and the
applicable provisions other than section 3 of the Child Nutrition Act of
1966, // 42 USC 1772. // as amended (42 U.S.C. 1773 - 1785, and 1787);
$2,782,300,000, of which $85,190,000 shall be derived from prior-year
unobligated balances and $1,411,575,000 shall be derived by transfer
from funds available under section 32 of the Act of August 24, 1935 (7
U.S.C. 612c), including $80,000,000 for purchase and distribution of
agricultural commodities and other foods pursuant to section 6 of the
National School Lunch Act, // 42 USC 1755. // as amended: Provided,
That of the foregoing total amount there shall be available $24,000,000
for the food service equipment assistance program, $1,000,000 for
nutrition education projects pursuant to section 18 of the Child
Nutrition Act of 1966 (42 U.S.C. 1787), and $25,000,000 for the State
administrative expenses: Provided further, That funds provided herein
shall remain available until September 30, 1981, in accordance with
section 3 of the National School Lunch Act, // 42 USC 1752. // as
amended.
For necessary expenses to carry out the provisions of the special
milk program, as authorized by section 3 of the Child Nutrition Act of
1966, as amended (42 U.S.C. 1772), $142,000,000, to remain available
until September 30,1980.
For necessary expenses to carry out the provisions of the special
supplemental food program as authorized by section 17 of the Child
Nutrition Act of 1966, as amended (42 U.S.C. 1786) and the commodity
supplemental food program as authorized by section 4(a) of the
Agriculture and Consumer Protection Act of 1973, as amended (7 U.S.C.
612c ( note)), $569,500,000, to remain available until September 30,
1981.
For necessary expenses of the food stamp program pursuant to the Food
Stamp Act of 1964, // 7 USC 2011. // as amended, $5,779,200,000:
Provided, That funds provided herein shall remain available until
September 30, 1981, in accordance with section 16 of the Food Stamp Act
of 1964, // 7 USC 2025. // as amended: Provided further, That no part
of the funds appropriated by this Act shall be used during the fiscal
year ending September 30, 1979, to make food stamps available to any
household, to the extent that the entitlement otherwise available to
such household is attributable to an individual who: (i) has reached
his eighteenth birthday; (ii) is enrolled in an institution of higher
education; and (iii) is properly claimed as a dependent child for
Federal income tax purposes by a taxpayer who is not a member of an
eligible household: Provided further, That funds provided herein shall
be expended in accordance with section 15(b) of the Food Stamp Act of
1964, // 7 USC 2024. // as amended.
For necessary expenses to carry out the provisions of section 4(a) of
the Agriculture and Consumer Protection Act of 1973, as amended (7
U.S.C. 612c (note)), $12,800,000, to remain available until September
30, 1980.
For necessary administrative expenses of the Domestic Food Programs
funded under this Act, $74,275,000: Provided, That this appropriation
shall be available for employment pursuant to the second sentence of
section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to
exceed $150,000 shall be available for employment under 5 U.S.C. 3109.
For necessary expenses for the Foreign Agricultural Service,
including carrying out title VI of the Agricultural Act of 1954 (7 U.S.
C. 1761 - 1768), market development activities abroad, and for enabling
the Secretary to coordinate and integrate activities of the Department
in connection with foreign agricultural work, including not to exceed
$52,000 for representation allowances and for expenses pursuant to
section 8 of the Act approved August 3, 1956 (7 U.S.C.1766),
$53,645,000: Provided, That not less than $255,000 of the funds
contained in this appropriation shall be available to obtain statistics
and related facts on foreign production and full and complete
information on methods used by other countries to move farm commodities
in world trade on a competitive basis.
For necessary expenses of the International Development Staff to
coordinate, plan and direct activities involving international
development and technical cooperation in the Department of Agriculture,
$199,000, and the Staff may utilize advances of funds, or reimburse this
appropriation for expenditures made on behalf of Federal agencies,
public and private organizations and institutions under agreements
executed pursuant to the agricultural food production assistance
programs (7 U.S.C. 1736) and the educational and cultural exchange
programs of the Department of State (22 U.S.C. 2392).
For expenses during the current fiscal year, not otherwise
recoverable, and unrecovered prior years' costs, including interest
thereon, under the Agricultural Trade Development and Assistance Act of
1954, as amended (7 U.S.C. 1701 - 1715, 1721 - 1726, 1727 - 1727f, 1731
- 1736f), as follows: (1) financing the sale of agricultural
commodities for convertible foreign currencies and for dollars on credit
terms pursuant to titles I and III of said Act, // 7 USC 1701, 1727. //
not more than $840,274,000, of which $339,400,000 is hereby appropriated
and the balance derived from proceeds from sales of foreign currencies
and dollar loan repayments on long-term credit sales and carryover
balances; and (2) commodities supplied in connection with dispositions
abroad, pursuant to title II of said Act, // 7 USC 1721. // not more
than $573,006,000, of which $466,500,000 is hereby appropriated and the
balance to be derived by financing from the Commodity Credit Corporation
or from carryover balances.
For necessary expenses, not otherwise provided for, of the Food and
Drug Administration; for payment of salaries and expenses for services
as authorized by 5 U.S.C. 3109, but at rates for individuals not to
exceed the per diem rate equivalent to the rate for GS-18; for rental
of special purpose space in the District of Columbia or elsewhere; for
miscellaneous and emergency expenses of enforcement activities,
authorized or approved by the Secretary and to be accounted for solely
on his certificate, not to exceed $10,000; $295,154,000.
For construction, repair, improvement, extension, alteration, and
purchase of fixed equipment or facilities of or used by the Food and
Drug Administration, where not otherwise provided, $10,459,000.
For necessary expenses to carry out the provisions of the Commodity
Exchange Act, as amended (7 U.S.C. 1 et seq.) including the purchase and
hire of passenger motor vehicles; the rental of space in the District
of Columbia and elsewhere; and not to exceed $75,000 for employment
under 5 U.S.C. 3109, $15,304,000 to be available as authorized by law:
Provided, That not to exceed $1,000 shall be available for official
reception and representation expenses.
Not to exceed $10,575,000 (from assessments collected from farm
credit agencies) shall be obligated during the current fiscal year for
administrative expenses including the hire of one passenger motor
vehicle.
Sec. 601. Within the unit limit of cost fixed by law, appropriations
and authorizations made for the Department of Agriculture for the fiscal
year 1979 under this Act shall be available for the purchase, in
addition to those specifically provided for, of not to exceed eight
hundred seventy-eight (878) passenger motor vehicles of which seven
hundred thirty-two (732) shall be for replacement only, and for the hire
of such vehicles.
Sec. 602. Funds available to the Department of Agriculture shall be
available for uniforms or allowances therefor as authorized by law (5
U.S.C. 5901 - 5902).
Sec. 603. Not less than $1,500,000 of the appropriations of the
Department of Agriculture for research and service work authorized by
the Acts of August 14, 1946, July 28, 1954, and September 6, 1958 (7 U.
S.C. 427, 1621 - 1629; 42 U.S.C. 1891 - 1893), shall be available for
contracting in accordance with said Acts.
Sec. 604. No part of the funds contained in this Act may be used to
make production or other payments to a person, persons,or corporations
who harvest or knowingly permit to be harvested for illegal use,
marihuana, or other such prohibited drug-producing plants on any part of
lands owned or controlled by such persons or corporations.
Sec. 605. Advances of money from any appropriation for the
Department of Agriculture may be made by authority of the Secretary of
Agriculture to chiefs of field parties.
Sec. 606. Obligations chargeable against Working Capital Fund during
the period October 1, 1978, through September 30, 1979, shall not exceed
$58,000,000: Provided, That no funds appropriated to an agency of the
Department shall be transferred to the Working Capital Fund without the
approval of the agency administrator.
Sec. 607. New obligational authority provided for the following
appropriation items in this Act shall remain available until expended:
Scientific Activities Overseas (Special Foreign Currency Program);
Public Law 480; // 7 USC 1691. // Rural Housing for Domestic Farm
Labor; Mutual and Self-Help Housing; Watershed and Flood Prevention
Operations; Resource Conservation and Development; Forestry Incentives
Program: Emergency Conservation Measures; Buildings and Facilities,
Food and Drug Administration; Buildings and Facilities, Agricultural
Research Service; Agricultural Conservation Program; and the
appropriation to liquidate contract authorizations for the Agricultural
Conservation Program.
Sec. 608. None of the funds provided in this Act may be used to
reduce programs by establishing an end-of-year employment ceiling on
permanent positions below the level set herein for the following
agencies: Farmers Home Administration, 7,440; Agricultural
Stabilization and Conservation Service, 2,473; Foreign Agricultural
Service, 738; and Soil Conservation Service, 13,955.
Sec. 609. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 610. Not to exceed $50,000 of the appropriations available to
the Department of Agriculture shall be available to provide appropriate
orientation and language training pursuant to Public Law 94 - 449. // 90
Stat. 1500. //
Sec. 611. Notwithstanding any other provision of law, employees of
the agencies of the Department of Agriculture, including employees of
the Agricultural Stablization and Conservation County Committees, may be
utilized to provide part-time and intermittent assistance to other
agencies of the Department, without reimbursement, during periods when
they are not otherwise fully utilized.
Approved October 11, 1978.
LEGISLATIVE HISTORY:
HOUSE REPORTS No. 95 - 1290 (Comm. on Appropriations) and No. 95 -
1579 (Comm. of Conference).
SENATE REPORT No. 95 - 1058 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 124(1978):
June 22, considered and passed House.
Aug. 9, 10, considered and passed Senate, amended.
Sept. 26, House agreed to conference report; receded and
concurred in Senate amendment No. 83; receded and concurred with
amendments in other Senate amendments.
Sept. 27, Senate agreed to conference report; concurred in
House amendments.
PUBLIC LAW 95-447, 92 STAT. 1072, SUSAN B. ANTHONY DOLLAR COIN ACT OF
1978.
weight, and design of the
one-dollar coin, 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 31 USC 324b-1 may be cited as the " Susan B.
Anthony Dallar Coin Act of 1978".
Sec. 2. Section 101(c)(1) of the Coinage Act of 1965, as amended (31
U.S.C. 391(c)(1)), is amended by striking out "1.500" and inserting in
lieu thereof "1.043" and by striking out "22.68" and inserting in lieu
thereof "8.1".
Sec. 3. The one-dollar coin authorized by section 101(c) of the
Coinage Act of 1965, as amended by section 2, shall bear on the obverse
side the likeness of Susan B. Anthony, and shall bear on the other side
a design which is emblematic of the symbolic eagle of Apollo 11 landing
on the moon.
Sec. 4. Section 203 of the Act of December 31, 1970 (31 U.S.C.
324b), is amended by striking out "initially" and by inserting "(d)"
after "section 101".
Sec. 5. Until January 1, 1979, the Secretary of the Treasury may
continue to mint and issue one-dollar coins authorized under section
101(c)(1) of the Coinage Act 31 USC 391 note. of 1965, as such section
was in effect immediately prior to the date of enactment of this Act.
Approved October 10, 1978.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 1576, accompanying H.R. 12728 (Comm. on
Banking, Finance, and Urban Affairs).
SENATE REPORT No. 95 - 1120 (Comm. on Banking, Housing, and Urban
Affairs).
CONGRESSIONAL RECORD, Vol. 124 (1978):
Aug. 22, considered and passed Senate.
Sept. 26, H.R. 12728 considered and passed House; passage
vacated and S. 3036 passed in lieu.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 14, No. 41:
Oct. 10, Presidential statement.
PUBLIC LAW 95-446, 92 STAT. 1071
Agriculture's Bee Research Laboratory
in Tucson, Arizona, as the " Carl Hayden Bee
Research Center".
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the United States
Department of Agriculture's Bee Research Laboratory in Tucson, Arizona,
shall hereafter be known and designated as the " Carl Hayden Bee
Research Center". Any reference to such laboratory in any law,
regulation, document record, or other paper of the United States shall
be deemed a reference to it as the Carl Hayden Bee Research Center.
Approved October 10, 1978.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 1548, accompanying H.R. 7432 (Comm. on
Agriculture).
SENATE REPORT No. 95 - 1115 (Comm. on Agriculture, Nutrition, and
Forestry).
CONGRESSIONAL RECORD, Vol. 124 (1978):
Aug. 18, considered and passed Senate.
Sept. 26, H.R. 7432 considered and passed House; passage
vacated and S. 3274 passed in lieu.
PUBLIC LAW 95-445, 92 STAT. 1069, HUMANE METHODS OF SLAUGHTER ACT OF
1978
that meat inspected and
approved under such Act be produced only from
livestock slaughtered in
accordance with humane methods, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may be
cited as the " Humane Methods of Slaughter Act of 1978".
Sec. 2. Section 3 of the Federal Meat Inspection Act (21 U.S.C. 603)
// 21 USC 601 // is amended by inserting "(a)" immediately before the
first sentence and adding at the end thereof a new subsection (b) as
follows:
"(b) For the purpose of preventing the inhumane slaughtering of
livestock, the Secretary shall cause to be made, by inspectors appointed
for that purpose, an examination and inspection of the method by which
cattle, sheep, swine, goats, horses, mules, and other equines are
slaughtered and handled in connection with slaughter in the slaughtering
establishments inspected under this Act. The Secretary may refuse to
provide inspection to a new slaughtering establishment or may cause
inspection to be temporarily suspended at a slaughtering establishment
if the Secretary finds that any cattle, sheep, swine, goats, horses,
mules, or other equines have been slaughtered or handled in connection
with slaughter at such establishment by any method not in accordance
with the Act of August 27, 1958 (72 Stat. 862; 7 U.S.C. 1901-1906)
until the establishment furnishes assurances satisfactory to the
Secretary that all slaughtering and handling in connection with
slaughter of livestock shall be in accordance with such a method.".
Sec. 3. Section 10 of the Federal Meat Inspection Act (21 U.S.C.
610) is amended by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively, and inserting after subsection (a) a new
subsection (b) as follows:
"(b) slaughter or handle in connection with slaughter any such
animals in any manner not in accordance with the Act of August 27,
1958 (72 Stat. 862; 7 U.S.C. 1901 - 1906);".
Sec. 4. Section 20(a) of the Federal Meat Inspection Act (21 U.S.C.
620) is amended by inserting after the first sentence a new sentence as
follows: " No such carcasses, parts of carcasses, meat or meat food
products shall be imported into the United States unless the livestock
from which they were produced was slaughtered and handled in connection
with slaughter in accordance with the Act of August 27, 1958 (72 Stat.
862; 7 U.S.C. 1901 - 1906).".
Sec. 5. The Act of August 27, 1958 (72 Stat. 862; 7 U.S.C. 1901 -
1906) is amended by--,
(a) inserting before the period at the end of section 2(b) "and
handling in connection with such slaughtering";
(b) repealing sections 3, 4(c), and 5;
(c) striking out "for purposes of section 3 hereof" in section
4(b);
(d) inserting "and" after the semicolon at the end of section
4(a); and
(e) striking out the semicolon at the end of section 4(b) and
inserting a period in lieu thereof.
Sec. 6. Nothing in this Act // 21 USC 603 // shall be construed to
prohibit, abridge, or in any way hinder the religious freedom of any
person or group. Notwithstanding any other provision of this Act, in
order to protect freedom of religion, ritual slaughter and the handling
or other preparation of livestock for ritual slaughter are exempted from
the terms of this Act. For the purposes of this section the term
"ritual slaughter" means slaughter in accordance with section 2(b) of
the Act of August 27, 1958 (72 Stat. 862; 7 U.S.C. 1902(b)).
Sec. 7. The provisions of this Act // 21 USC 603 // shall become
effective one year after the date of enactment. However, such
provisions shall not apply to a person, firm, or corporation for such
additional period of time, not to exceed eighteen months, as may be
determined by the Secretary, if the Secretary, upon application, finds
that compliance with the provisions of this Act on its effective date
would cause undue hardship on such person, firm, or corporation.
Approved October 10, 1978.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 1336 accompanying H.R. 1464 (Comm. on
Agriculture).
SENATE REPORT No. 95 - 1059 (Comm. on Agriculture, Nutrition, and
Forestry).
CONGRESSIONAL RECORD, Vol. 124 (1978):
Aug. 7, considered and passed Senate.
Sept. 19, H.R. 1464 considered and passed House; passage
vacated and S. 3092,
amended, passed in lieu.
Sept. 28, Senate concurred in House amendments.
PUBLIC LAW 95-444, 92 STAT. 1067, CIVIL RIGHTS COMMISSION Act of 1978
years, to authorize appropriations
for the Commission, to effect certain technical
changes to comply with
changes in the law, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may be
cited as the " Civil Rights Commission Act of 1978".
Sec. 2. (a) Section 103(a) of the Civil Rights Act of 1957 (42 U.S.
C. 1975b(a)) // 42 USC 1975 // is amended by striking out "section 5 of
the Administrative Expenses Act of 1946, as amended (5 U.S.C. 73b-2; 60
Stat. 808)." and inserting in lieu thereof the following: "section 5703
of title 5 of the United States Code.".
(b) Section 103(b) of the Civil Rights Act of 1957 (42 U.S.C. 1975
(b)) // 42 USC 1975b. is amended by striking out "the provisions of the
Travel Expenses Act of 1949, as amended (5 U.S.C. 835 - 42; 63 Stat.
166)" and inserting in lieu thereof the following: "subchapter I of
chapter 57 of title 5 of the United States Code".
Sec. 3. (a) Section 104 of the Civil Rights Act of 1957 (42 U.S.C.
1975c) is amended--,
(1) in each of subsections (a)(1) and (a)(2), by inserting
"age, handicap," after "sex,";
(2) in each of subsections (a)(3) and (a)(4), by inserting ",
age, handicap," after "sex";
(3) in subsection (a)(2) by inserting "discrimination or"
before "a denial";
(4) in each of subsections (a)(3) and (a)(4), by inserting
"discrimination or" before "denials";
(5) by redesignating paragraph (6) of subsection (a) as
subsection (b);
(6) by redesignating subsections (b) and (c) as (c) and (d),
respectively; and
(7) by adding at the end the following:
"(e) As used in this section, the term 'handicap' means, with respect
to an individual, a circumstance that would make that individual a
handicapped individual as defined in the second sentence of section 7(6)
of the Rehabilitation Act of 1973 (29 U.S.C. 706(6)).
"(f) Nothing in this or any other Act shall be construed as
authorizing the Commission, its Advisory Committees, or any person under
its supervision or control to appraise, or to study and collect
information about, laws and policies of the Federal Government, or any
other governmental authority in the United States, with respect to
abortion.".
(b) Subsection (b) (which is redesignated as subsection (c) by this
Act) of section 104 of the Civil Rights Act of 1957 (42 U.S.C. 1975c (b)
is amended by striking out "fiscal year 1978" and inserting in lieu
thereof "the fiscal year ending September 30, 1983".
Sec. 4. Section 105(a) of the Civil Rights Act of 1957 (42 U.S.C.
1975d (a)) is amended by striking out "and who shall receive
compensation at a rate, to be fixed by the President, not in excess of
$22,500 a year".
Sec. 5. Section 105(c) of the Civil Rights Act of 1957 (42 U.S.C.
1975d(c) is amended--,
(1) by inserting after "within States" the following: "as it
deems advisable, but the Commission shall constitute at least one
advisory committee within each State"; and
(2) by striking out "and may consult" and inserting in lieu
thereof the following: ". The Commission may consult".
Sec. 6. Section 105(d) of the Civil Rights Act of 1957 (42 U.S.C
1975(d)) is amended by striking out "sections 281, 283, 284, 434, and
1914 of title 18 of the United States Code, and section 190 of the
Revised Statutes (5 U.S.C. 99)" and inserting in lieu thereof the
following: "sections 203,205,207,208, and 209 of title 18 of the United
States Code".
Sec. 7. Section 106 of the Civil Rights Act of 1957 (42 U.S.C.
1975e) is amended to read as follows:
" Sec. 106. There are authorized to be appropriated such sums as are
necessary to carry out the provisions of this Act for the fiscal year
ending September 30, 1979.".
Approved October 10, 1978.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 95 - 1140 accompanying H.R. 12432 (Comm. on the
Judiciary)
and No. 95-1626 (Comm. of Conference).
CONGRESSIONAL RECORD, Vol. 124 (1978):
June 27, considered and passed Senate.
June 26, July 28, Sept. 6, H.R. 12432 considered in House
Sept. 6, considered and passed House, amended, in lieu of H.R.
12432.
Sept. 28, House and Senate agreed to conference report.
PUBLIC LAW 95-443, 92 STAT. 1066
term for production credit
association loans to producers or harvesters of aquatic
products.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Farm Credit Act
of 1971 is amended by inserting in the first sentence of section 2.4,
after the words "seven years", the following: "(fifteen years if made
to producers or harvesters of aquatic products)".
Approved October 10, 1978.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 1550 accompanying H.R. 11079 (Comm. on
Agriculture).
SENATE REPORT No. 95 - 1550 accompanying H.R. 11079 (Comm. on
Agriculture).
SENATE REPORT No. 95 - 849 (Comm. on Agriculture, Nutrition, and
Forestry).
May 22, considered and passed Senate.
Sept. 26, H.R. 11079 considered and passed House; passage
vacated and S. 3045 passed in lieu.
PUBLIC LAW 95-442, 92 STAT. 1065
administer on behalf of
the United States gifts or devises of real and
personal property for the benefit
of the Department of Agriculture or any of its
programs.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That notwithstanding any
other provision of law, the Secretary of Agriculture is authorized to
accept, receive, hold, utilize, and administer on behalf of the United
States gifts, bequests, or devises of real and personal property made
for the benefit of the United States Department of Agriculture or for
the carrying out of any of its functions. For the purposes of the
Federal income, estate, and gift tax laws, property accepted under the
authority of this Act shall be considered as a gift, bequest, or devise
to the United States. Any gift of money accepted pursuant to the
authority granted in this Act, or the net proceeds from the liquidation
of any property so accepted, or the proceeds of any insurance on any
gift property not used for its restoration shall be deposited in the
Treasury of the United States for credit to a separate fund and shall be
disbursed upon order of the Secretary of Agriculture. The Secretary of
Agriculture may promulgate regulations to carry out the provisions of
this Act.
Approved October 10, 1978.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 1553 (Comm. on Agriculture).
HOUSE REPORT No. 95 - 1553 (Comm. on Agruculture).
SENATE REPORT No. 95 - 883 (Comm. on Agriculture, Nutrition, and
Forestry).
CONGRESSIONAL RECORD, Vol. 124 (1978):
May 26, considered and passed Senate.
Sept. 26, considered and passed House.
PUBLIC LAW 95-441, 92 STAT. 1064
exclusive legislative jurisdiction
over lands or interests under his control.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That, notwithstanding
any other provision of law, the Secretary of Agriculture may, whenever
he considers it desirable, relinquish to a State all or part of the
legislative jurisdiction of the United States over lands or interests
under his control in that State. Relinquishment of legislative
jurisdiction under this section may be accomplished (1) by filing with
the Governor of the State concerned a notice of relinquishment to take
effect upon acceptance thereof, or (2) as the laws of the State may
otherwise provide.
Approved October 10, 1978.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 1552 (Comm. on Agriculture).
SENATE REPORT No. 95 - 882 (Comm. on Agriculture, Nutrition, and
Forestry).
CONGRESSIONAL RECORD, Vol. 124 (1978):
June 8, considered and passed Senate.
Sept. 26, considered and passed House.
PUBLIC LAW 95-440, 92 STAT. 1063
States Code, to require mandatory
application of the General Records Schedules to all
Federal agencies
and to resolve conflicts between authorizations for
disposal and to provide for
the disposal of Federal Register documents.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 3303a of
chapter 33, title 44, United States Code, is amended:
(a) by deleting subsection (b) of section 3303a in its
entirety, and substituting in lieu thereof:
"(b) Authorizations granted under lists and schedules submitted to
the Administrator under section 3303 of this title, and schedules
promulgated by the Administrator under subsection (d) of this section,
shall be mandatory, subject to section 2909 of this title. As between
an authorization granted under lists and schedules submitted to the
Administrator under section 3303 of this title and an authorization
contained in a schedule promulgated under subsection (d) of this
section, application of the authorization providing for the shorter
retention period shall be required, subject to section 2909 of this
title.";
(b) by striking out the word "may" and substituting in lieu
thereof the word "shall" in the first sentence of subsection (d);
and
(c) by inserting immediately after the last sentence of
subsection (d) the fllowing new sentence: " A Federal agency may
request changes in such schedules for its records pursuant to
section 2909 of this title.".
Sec. 2. Section 1503 of chapter 15, title 44, United States Code, is
amended by deleting the fifth sentence and substituting in lieu thereof
the following sentence: " The original shall be retained by the General
Services Administration and shall be available for inspection under
regulations prescribed by the Administrator, unless such original is
disposed of in accordance with disposal schedules submitted by the
Administrative Committee of the Federal Register and authorized by the
Administrator pursuant to regulations issued under chapter 33 of this
title; // 44 USC 3301 // however, originals of proclamations of the
President and Executive orders shall be permanently retained by the
Administration as part of the National Archives of the United States.".
Approved October 10, 1978.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 -1263 (Comm. on House Administration).
SENATE REPORT No. 95 - 711 (Comm. on Governmental Affairs).
CONGRESSIONAL RECORD, Vol. 124 (1978):
Apr. 3, considered and passed Senate.
Sept. 26, considered and passed House.
PUBLIC LAW 95-439, 92 STAT. 1061
animal and plant quarantines,
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 7 of the
Act of May 29, 1884 (23 Stat. 32, as amended; 21 U.S.C. 117), is
further amended to read as follows: " Any person or persons operating
any railroad, or master or owner of any boat or vessel, or owner or
custodian of, or person having control over, cattle or other livestock
or live poultry who shall knowingly violate the provisions of section 6
of this Act // 21 USC 115. // shall be guilty of a misdemeanor and,
upon conviction, shall be punished by a fine of not more than $5,000 or
by imprisonment for not more than one year, or by both such fine and
imprisonment.".
Sec. 2. Section 1 of the Act of March 3, 1905 (33 Stat. 1264, as
amended; 21 U.S.C. 123), is further amended to read as follows: " The
Secretary of Agriculture is authorized to quarantine by regulation any
State or Territory or the District of Columbia, or any portion of any
State or Territory or the District of Columbia, when he shall determine
the fact that any animals or live poultry in such State or Territory or
District of Columbia are affected with any contagious, infectious, or
communicable disease of livestock or poultry or that the contagion of
any such disease exists or that vectors which may disseminate any such
disease exist in such State or Territory or the District of Columbia.".
Sec. 3. Section 3 of the Act of March 3, 1905 (33 Stat. 1265, as
amended; 21 U.S.C. 125), is further amended to read as follows: " It
shall be the duty of the Secretary of Agriculture, and he is authorized
and directed, when the public safety will permit, to make and promulgate
rules and regulations which shall permit and govern the inspection,
disinfection, certification, treatment, handling, and method and manner
of delivery and shipment of quarantined animals or live poultry from a
quarantined State or Territory or the District of Columbia, and from the
quarantined portion of any State or Territory or the District of
Columbia, into any other State or Territory or the District of
Columbia.".
Sec. 4. Section 8 of the Act of August 20, 1912 (37 Stat. 318, as
amended; 7 U.S.C. 161), is further amended by:
(a) deleting the following from the first sentence thereof: ";
and the Secretary of Agriculture is directed to give notice of
the establishment of such quarantine to common carriers doing
business in or through such quarantined area, and shall publish in
such newspapers in the quarantined area as he shall select notice
of the establishment of quarantine"; and
(b) deleting the following from the fourth sentence thereof:";
and the Secretary of Agriculture shall give notice of such rules
and regulations as hereinbefore provided in this section for the
notice of the establishment of quarantine".
Approved October 10, 1978.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 1606 (Comm. on Agriculture).
SENATE REPORT No. 95 - 804 (Comm. on Agriculture, Nutrition, and
Forestry).
CONGRESSIONAL RECORD, Vol. 124(1978):
May 18, considered and passed Senate.
Sept. 26, considered and passed House.
PUBLIC LAW 95-438, 92 STAT. 1060
present on behalf of the
General Ira C. Eaker,
United States Air Force (retired).
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) the President
of the United States is hereby authorized to present, on behalf of the
Congress, to Lieutenant General Ira C. Eaker, United States Air Force
(retired), a gold medal of appropriate design in recognition of his
distinguished career as any aviation pioneer and Air Force leader. For
such purpose, the Secretary of the Treasury is authorized and directed
to cause to be struck a gold medal with suitable emblems, devices, and
inscriptions to be determined by the Secretary of the Air Force with the
approval of the Secretary of the Treasury. There are authorized to be
appropriated not to exceed $5,000 to carry out the provisions of this
subsection.
(b) The Secretary of the Treasury may cause duplicates in bronze of
such medal to be struck and sold at not less than the estimated cost of
manufacture, including labor, materials, dies, use of machinery, and
overhead expenses, plus 25 per centum of such cost of manufacture. The
appropriation then current and chargeable for the cost of manufacture of
such duplicate medals shall be fully reimbursed from the payment
required by this section and received by the Secretary: Provided, That
any money received in excess of the actual cost of manufacture of such
duplicate medals shall from time to time be covered into the Treasury.
Security satisfactory to the Director of the Mint shall be furnished to
fully indemnify the United States for the payment required by this
section.
(c) The medals provided for in this section are national medals for
the purpose of section 3551 of the Revised Statutes (31 U.S.C. 368).
Approved October 10, 1978.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 1603 (Comm. on Banking, Finance and Urban
Affairs).
SENATE REPORT No. 95 - 139 (Comm. on Banking, Housing, and Urban
Affairs).
CONGRESSIONAL RECORD:
Vol. 123(1977): May 13, considered and passed Senate.
Vol. 124(1978): Sept. 26, considered and passed House.
PUBLIC LAW 95-437, 92 STAT. 1055, FEDERAL EMPLOYEES PART-TIME CAREER
EMPLOYMENT ACT OF 1978
program to increase part-time
career employment within the civil service.
Be it enaced by the Senate and House of Representatives of the United
States of America in Congress assembled,
Section 1. This Act may be cited as the " Federal Employees
Part-Time Career Employment Act of 1978". // 5 USC 3391 //
Sec. 2. (a) The Congress finds that--,
(1) many individuals in our society possess great productive
potential which goes unused because they cannot meet the
requirements of a standard workweek; and
(2) part-time permanent employment--,
increasing
productivity and job satisfaction, while lowering
turnover
rates and absenteeism, offering management more
flexibility
in meeting work requirements, and filling shortages in
various
occupations; and
(despite
the reduced income), thus increasing jobs available to
reduce
umemployment while retaining the skills of individuals
who
have training and experience.
(b) The purpose of this Act is to provide increased part-time career
employment opportunities throughout the Federal Government.
Code, is amended by
adding at the end thereof the following new subchapter:
" Section 3391. // 5 USC 3391. // Definitions
" For the purpose of this subchapter--,
"(1) 'agency' means--,
does not
include--,
of
Justice;
"(2) 'part-time career employment' means part-time employment
of 16 to 32 hours a week under a schedule consisting of an equal
or varied number of hours per day, whether in a position which
would be part-time without regard to this section or one
established to allow job-sharing or comparable arrangements, but
does not include employment on a temporary or intermittent basis.
" Section 3392. // 5 USC 3392 // Establishment of part-time career
employment programs
"(a)(1) In order to promote part-time career employment opportunities
in all grade levels, the head of each agency, by regulation, shall
establish and maintain a program for part-time career employment within
such agency. Such regulations shall provide for--,
"(A) the review of positions which, after such positions become
vacant, may be filled on a part-time career employment basis
(including the establishment of criteria to be used in identifying
such positions):
"(B) procedures and criteria to be used in connection with
establishing
or converting positions for part-time career employment, subject
to the limitations of section 3393 of this title;
"(C) annual goals for establishing or converting positions for
part-time career employment, and a timetable setting forth interim
and final deadlines for achieving such goals;
"(D) a continuing review and evaluation of the part-time career
employment program established under such regulations; and
"(E) procedures for notifying the public of vacant part-time
positions in such agency, utilizing facilities and funds othewise
available to such agency for the dissemination of information.
"(2) The head of each agency shall provide for communication between,
and coordination of the activities of, the individuals within such
agency whose responsibilities relate to the part-time career employment
program established within that agency.
"(3) Regulations established under paragraph (1) of this subsection
may provide for such exceptions as may be necessary to carry out the
mission of the agency.
"(b) (1) The Civil Service Commission, by regulation, shall establish
and maintain a program under which it shall, on the request of an
agency, advise and assist such agency in the establishment and
maintenance of its part-time career employment program under this
subchapter.
"(2) The Commission shall conduct a research and demonstration
program with respect to part-time career employment within the Federal
Government. In particular, such program shall be directed to--,
"(A) determining the extent to which part-time career
employment may be used in filling positions which have not
traditionally been open for such employment on any extensive
basis, such as supervisory, managerial, and professional
positions;
"(B) determining the extent to which job-sharing arrangements
may be established for various occupations and positions; and
"(C) evaluating attitudes, benefits, costs, efficiency, and
productivity associated with part-time career employment, as well
as its various sociological effects as a mode of employment.
" Section 3393. // 5 USC 3393. // Limitations
"(a) An agency shall not abolish any position occupied by an employee
in order to make the duties of such position available to be performed
on a part-time career employment basis.
"(b) Any person who is employed on a full-time basis in an agency
shall not be required to accept part-time employment as a condition of
continued employment.
" Section 3394. // 5 USC 3394. // Personnel ceilings
" In administering any personnel ceiling applicable to an agency (or
unit therein), an employee employed by such agency on a part-time career
employment basis shall be counted as a fraction which is determined by
dividing 40 hours into the average number of hours of such employee's
regularly scheduled workweek. This section shall become effective on
October 1, 1980.
" Section 3395. // 5 USC 3395. // Nonapplicability
"(a) If, on the date of enactment of this subchapter, there is in
effect with respect to positions within an agency a
collective-bargaining agreement which establishes the number of hours of
employment a week, then this subchapter shall not apply to those
positions.
"(b) This subchapter shall not require part-time career employment in
positions the rate of basic pay for which is fixed at a rate equal to or
greater than the minimum rate fixed for GS-16 of the General Schedule.
// 5 USC 5332 //
" Section 3396. // 5 USC 3396. // Regulations
" Before any regulation is prescribed under this subchapter, a copy
of the proposed regulation shall be published in the Federal Register
and an opportunity provided to interested parties to present written
comment and, where practicable, oral comment. Initial regulations shall
be prescribed not later than 180 days after the date of the enactment of
this subchapter.
" Section 3397. // 5 USC 3397. // Reports
"(a) Each agency shall prepare and transmit on a biannual basis a
report to the Civil Service Commission on its activities under this
sub-chapter, including-
"(1) details on such agency's progress in meeting part-time
career employment goals established under section 3392 of this
title; and
"(2) an explanation of any impediments experienced by such
agency in meeting such goals or in otherwise carrying out the
provisions of this subchapter, together with a statement of the
measures taken to overcome such impediments.
"(b) The Commission shall include in its annual report under section
1308 of this title a statement of its activities under this subchapter,
and a description and evaluation of the activities under this
subchapter, and a description and evaluation of the activities of
agencies in carrying out the provisions of this subchapter.
" Section 3398. // 5 USC 3398. // Employee organization
representation
" If an employee organization has been accorded exclusive recognition
with respect to a unit within an agency, then the employee organization
shall be entitled to represent all employees within that unit employed
on a part-time career employment basis.".
(b) Subchapter B of the table of chapters of part III of the analysis
of chapter 33 of title 5, United States Code, is amended by inserting
after the item relating to section 3385 the following:
" Sec. "3391. Definitions. "3392. Establishment of part-time career
employment programs. "3393. Limitations. "3394. Personnel ceilings.
"3395. Nonapplicability. "3396. Regulations. "3397. Reports. "3398.
Employee organization representation.".
Sec. 4. (a) Section 8347(g) of title 5, United States Code, is
amended by adding at the end thereof the following: " However, the
Commission may not exclude any employee who occupies a position on a
part-time career employment basis (as defined in section 3391(2) of this
title).".
(b) Section 8716(b) of such title 5 is amended--,
(1) by striking out of the second sentence "or part-time";
(2) by striking out "or" at the end of clause (1);
(3) by striking out the period at the end of clause (2) and
inserting in lieu thereof ";or"; and
(4) by adding at the end thereof the following:
"(3)an employee who is occupying a position on a part-time
career employment basis (as defined in section 3391(2) of this
title).".
(c)(1) Section 8913(b) of such title 5 is amended--,
(A) by striking out "or" at the end of clause (1);
(B) by striking out the period at the end of clause (2) and
inserting in lieu thereof ";or"; and
(C) by adding at the end thereof the following:
"(3) an employee who is occupying a position on a part-time
career employment basis (as defined in section 3391 (2) of this
title).".
(2) (A) Section 8906 (b) of such title 5 is amended--,
(i) by striking out "paragraph (2)" in paragraph (1) and
inserting in lieu thereof "paragraphs (2) and (3)"; and
(ii) by adding at the end thereof the following new paragraph:
"(3) In the case of an employee who is occupying a position on
a part-time career employment basis (as defined in section 3391
(2) of this title), the biweekly Government contribution shall be
equal to the percentage which bears the same ratio to the
percentage determined under this subsection (without regard to
this paragraph) as the average number of hours of such employee's
regularly scheduled workweek bears to the average number of hours
in the regularly scheduled workweek of an employee serving in a
comparable position on a full-time career basis (as determined
under regulations prescribed by the Commission)".
// 5 USC 8906 //
(B) The amendments made by subparagraph (A) shall not apply with
respect to any employee serving in a position on a part-time career
employment basis on the date of the enactment of this Act for such
period as the employee continues to serve without a break in service in
that or any other position on such part-time basis.
SEC. 5. Each report prepared by an agency under section 3397 (a) of
title 5, United States Code (as added by this Act), // 5 USC 3397 //
shall, to the extent practicable, indicate the extent to which part-time
career employment opportunities have been extended by such agency during
the period covered by such report to each group referred to in
subparagraphs (A), (B), (C), and (D) of section 2(a) (2) of this Act.
Approved October 10, 1978.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 932 (Comm. on Post Office and Civil Service).
SENATE REPORT No. 95 - 1116 accompanying S. 518 (Comm. on
Governmental Affairs).
CONGRESSIONAL RECORD, Vol. 124(1978):
Mar. 13, considered and passed House.
Aug. 25, considered and passed Senate, amended, in lieu of S.
518.
Sept. 22, House concurred in Senate amendments with an
amendment.
Sept. 26, Senate concurred in House amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 14, No. 41:
Oct. 10, Presidential statement.
PUBLIC LAW 95-436, 92 STAT. 1054
near Clay Center,
Nebraska, as the " Roman L. Hruska Meat Animal
Research Center".
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the United States
Department of Agriculture Meat Animal Research Center located near Clay
Center, Nebraska, is designated as the " Roman L. Hruska Meat Animal
Research Center", in honor of former Senator Roman L. Hruska.
Sec. 2. Any reference to such facility in any law, rule, document,
map, or other record of the United States is deemed to be a reference to
such building by the name designated for such facility by the first
section of this Act.
Approved October 10, 1978.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 1547 (Comm. on Agriculture).
SENATE REPORT No. 95 - 321 (Comm. on Agriculture, Nutrition, and
Forestry).
CONGRESSIONAL RECORD:
Vol. 123 (1977): July 12, considered and passed Senate.
Vol. 124 (1978): Sept. 26, considered and passed House.
PUBLIC LAW 95-435, 92 STAT. 1051
To amend the Broaden Woods Agreements Act to authorize the United
States to participate in the Supplementary Financing Facility of the
International Monetary Fund.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Broaden Woods
Agreements Act (22 U.S.C. 286-286k-2) is amended by adding at the end
thereof the following new section:
"Sec. 28. (a) For the purpose of participation of the United States
in the Supplementary Financing Facility (hereinafter referred to as the
'facility') established by the decision numbered 5508-(77/127) of the
Executive Directors of the Fund, the Secretary of the Treasury is
authorized to make resources available as provided in the decision
numbered 5509-(77/127) of the Fund, in an amount not to exceed the
equivalent of 1,450 million Special Drawing Rights.
"(b) The Secretary of the Treasury shall account, through the fund
established by section 10 of the Gold Reserve Act of 1934 (31 U.S.C.
822a), for any adjustment in the value of monetary assets held by the
United States in respect of United States participation in the facility.
"(c) Notwithstanding any other provision of this section, the
authority of the Secretary to enter into agreements making resources
available under this section shall be limited to such amounts as are
appropriated in advance in appropriation Acts. Effective October 1,
1978, there are hereby authorized to be appropriated to the Secretary of
the Treasury, without fiscal year limitation, such sums as are necessary
to carry out subsection (a) of this section, but not to exceed an amount
of dollars equivalent to 1,450 million Special Drawing Rights".
Sec. 2. Section 3(d) of the Broaden Woods Agreements Act (22 U.S.C.
286a(d)) is redesignated as section 3(d)(1) and amended by adding at the
end thereof the following new paragraphs:
"(2) The United States executive director of the Fund shall not be
compensated by the Fund at a rate in excess of the rate provided for an
individual occupying a position at level IV of the Executive Schedule
under section 5315 of title 5, United States Code. The United States
alternate executive director of the Fund shall not be compensated by the
Fund at a rate in excess of the rate provided for an individual
occupying a position at level V of the Executive Schedule under section
5316 of title 5, United States Code.
"(3) The Secretary of the Treasury shall instruct the United States
executive director of the fund to present to the Fund's Executive Board
a comprehensive set of proposals, consistent with maintaining high
levels of competence of Fund personnel and consistent with the Articles
of Agreement, with the objective of assuring that salaries and other
compensation accorded Fund employees do not exceed those received by
persons filling similar levels of responsibility within national
government service or private industry. The Secretary shall report
these proposals together with any measures adopted by the Fund's
Executive Board to the Congress prior to February 1, 1979."
Sec. 3. The Broaden Woods Agreements Act (22 U.S.C. 286-286k-2) is
amended by adding at the end thereof the following new section:
"Sec. 29. "22 USC 286e-8" The Secretary of the Treasury shall
instruct the United States executive director to seek to assure that no
decision by the International Monetary Fund on the use of the facility
undermines or departs from United States policy regarding the
comparability of treatment of public and private creditors in cases of
debt rescheduling where official United States credits are involved.".
Sec. 4. The Broaden Woods Agreements Act (22 U.S.C. 286-286k-2) is
amended by adding at the end thereof the following:
"Sec. 30. "22 USC 286e-9" (a) The Secretary of the Treasury shall
instruct the United States executive director on the Executive Board of
the International Monetary Fund to initiate a wide consultation with the
managing director of the Fund and other member country executive
directors with regard to encouraging the staff of the Fund to formulate
stabilization programs entered into pursuant to loans from the
Supplementary Financing Facility which, to the maximum feasible extent,
foster a broader base of productive investment and employment,
especially in those productive activities which are designed to meet
basic human needs.
"(b) In order to gain a better understanding of the social, political
and economic impact of the fund's stabilization programs entered into
pursuant to loans from the Supplementary Financing Facility on borrowing
countries, especially as it relates to the poor majority within those
countries, the United States Governor of the Fund shall prepare and
submit, not later than 180 days after the close of each calendar year, a
report to the Congress. Such reports shall evaluate, to the maximum
extent feasible, with respect to countries to which loans are made by
the Supplementary Financing Facility during each year, the effects of
policies of those countries which result from the standby agreements on
basic human needs in such countries.
"Sec. 31. "22 USC 286e-10" The Secretary of the Treasury shall in
consultation with the Secretary of State prepare and submit to the
Congress an annual report on the status of internationally recognized
human rights, as defined in section 116(a) of the Foreign Assistance Act
of 1961 "22 USC 2151n", in each country which draws on funds made
available under the Supplementary Financing Facility of the
International Monetary Fund.".
Sec. 5. (a) "22 USC 2151 note" The Congress finds that --
(1) the Government of Uganda, under the regime of General Idi
Amin, has committed genocide against Ugandans:
(2) the United States maintains substantial trade with the
Republic of Uganda; and
(3) the relationship of the United States with Uganda is unique
and justifies an exceptional response by the United States to the
actions of the Government of Uganda.
(b) It is the sense of the Congress that the Government of the United
States should take steps to disassociate itself from any foreign
government which engages in the international crime of genocide.
(c) Notwithstanding any other provision of law, after date of
enactment of this section, no corporation, institution, group or
individual may import, directly or indirectly, into the United States or
its territories or possessions any article grown, produced, or
manufactured in Uganda until the President determines and certifies to
the Congress that the Government of Uganda is no longer committing a
consistant pattern of gross violations of human rights.
(d) Section 4 of the Export Administration Act of 1969 "50 USC app.
2403" is amended by adding at the end thereof the following:
"(m) No article, material, or supply, including technical data or
other information, other than cereal grains and additional food
products, subject to the jurisdiction of the United States or exported
by any person subject to the jurisdiction of the United States, may be
exported to Uganda until the President determines and certifies to the
Congress that the Government of Uganda is no longer committing a
consistant pattern of gross violations of human rights.".
(e) "22 USC 2151 note" The Congress directs the President to
encourage and support international actions, including economic
restrictions, to respond to conditions in the Republic of Uganda.
Sec. 6. "22 USC 286e-11" The Secretary of the Treasury shall instruct
the Executive Director of the United States to the International
Monetary Fund to work in opposition to any extension of financial or
technical assistance by the Supplementary Financing Facility or by any
other agency or facility of such Fund to any country the government of
which --
(1) permits entry into the territory of such country to any
person who has committed an act of international terrorism,
including any act of aircraft hijacking, or otherwise supports,
encourages, or harbors such person; or
(2) fails to take appropriate measures to prevent any such
person from committing any such act outside the territory of such
country.
Sec. 7. "31 USC 27" Beginning with fiscal year 1981, the total
budget outlays of the Federal Government shall not exceed its receipts.
Approved October 10, 1978.
Legislative History:
House Reports: No. 95-853 (Comm. on Banking, Finance and Urban
Affairs) and
No. 95-1613 (Comm. of Conference).
Senate Reports: No. 95-603 accompanying S. 2152 (Comm. on Foreign
Relations) and
No. 95-698 (Comm. on Banking, Housing, and Urban Affairs).
Congressional Record, vol. 124 (1978):
Feb. 22, 23, considered and passed House.
July 31, considered and passed Senate, amended, in lieu of S. 2152
Sept. 25, Senate agreed to conference report.
Sept. 28, House agreed to conference report.
PUBLIC LAW 95-434, 92 STAT. 1049, NATIONAL SCIENCE FOUNDATION
AUTHORIZATION ACT FOR FISCAL YEAR 1979
amounts for each of the
National Science Foundation's major program areas
(and certain sub-programs),
and to provide requirements relating to periods of
availability and
transfers of the authorized funds.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may be
cited as the " National Science Foundation Authorization Act for Fiscal
Year 1979".
Sec. 2. (a) There is hereby authorized to be appropriated to the
National Science Foundation for the fiscal year 1979 for the following
categories:
(1) Mathematical and Physical Sciences and Engineering,
$265,700,000.
(2) Astronomical, Atmospheric, Earth, and Ocean Sciences,
$224,700,000.
(3) United States Antartic Program, $51,200,000.
(4) Biological, Behavorial, and Social Sciences, $157,000,000.
(5) Science Education Programs, $84,800,000.
(6) Applied Science and Research Applications, $69,700,000.
(7) Scientific, Technological, and International Affairs,
$23,500,000.
(8) Program Development and Management, $53,300,000.
(b) Of the total amount authorized under subsection (a)(6)--,
(1) $2,000,000 is authorized for a " Handicapped Research
Program";
(2) $200,000 is authorized for the design of a program in
Appropriate Technology; and
(3) not less than 12.5 per centum shall be expended to small
business concerns.
Sec. 3. Appropriations made under the authority provided in sections
2 and 5 shall remain available for obligation, for expenditure, or for
obligation and expenditure for periods specified in the Acts making the
appropriations.
Sec. 4. From appropriations made under this Act, not more than
$5,000 may be used for official consultation, represenation, or other
extraordinary expenses upon the determination of the Director of the
National Science Foundation, and his determination shall be final and
conclusive upon the accounting officers of the Government.
Sec. 5. In addition to the sums authorized by section 2, not more
than $4,500,000 is authorized to be appropriated for the fiscal year
1979 for expenses of the National Science Foundation incurred outside
the United States, to be paid for in foreign currencies that the
Treasury Department determines to be excess to the normal requirements
of the United States.
Sec. 6. Funds may be transferred among the categories listed in
section 2 (a), but neither the total funds transferred from any category
nor the total funds transferred to any category may exceed 10 per centum
of the amount authorized for that category in section 2, unless--,
(1) thirty legislative days have passed after the Director of
the National Science Foundation or his designee has transmitted to
the Speaker of the House of Representatives, to the President of
the Senate, to the Committee on Science and Technology of the
House of Representatives, and to the Committee on Human Resources
of the Senate a written report containing a full and complete
explanation of the transfer involved and the reason for it, or
(2) before the expiration of thirty legislative days both the
Committee on Science and Technology of the House and the Committee
on Human Resources of the Senate have written to the Director to
the effect that they have no objection to the proposed transfer.
Sec. 7. Notwithstanding any other provision of this or any other
Act, the Director of the National Science Foundation shall keep the
Committee on Science and Technology of the House of Representatives and
the Committee on Human Resources of the Senate fully and currently
informed with respect to all of the activities of the National Science
Foundation.
Sec. 8. (a) The Director of the National Science Foundation, in
consultation with the Director of the Office of Science and Technology
Policy, the Secretary of Energy; the Administrator of the National
Aeronautics and Space Administration, and technical experts in public
agencies, private organizations, and academic institutions, is
authorized to determine the need to provide support under this Act for a
study of the feasibility of transmitting solar energy to Earth by using
orbital structures manufactured from lunar or asteroidal materials, and
the impact of such a feasibility study, if any, on existing National
Science Foundation programs.
(b)(1) If the Foundation determines that such a feasibility study is
necessary, the Foundation is authorized to conduct such a study directly
or by grants or contracts with public agencies, private organizations,
or academic institutions.
(2) At the conclusion of any such study the Foundation shall prepare
and submit to the President and to the Congress a report of the study,
together with such recommendations as the Foundation deems appropriate.
(3) Of the funds authorized in section 2, $500,000 shall be available
to carry out the provisions of this subsection.
Approved October 10, 1978.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 993 (Comm. on Science and Technology).
SENATE Reports: No. 95 - 851 accompanying S. 2549 and No. 95 - 853
(Comm. on Human Resources).
CONGRESSIONAL RECORD, Vol. 124 (1978):
Apr. 18, considered and passed House.
June 28, considered and passed Senate, amended, in lieu of S.
25499
Sept. 19, House concurred in Senate amendment with an
amendment.
Sept. 29, Senate concurred in House amendment.
PUBLIC LAW 95-433, 92 STAT. 1047
Commission to certain
Indian tribes, 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) for purposes of
this Act, the term--,
(1) "tribe" means the Confederated Tribes and Bands of the
Yakima Indian Nation or the Apache Tribe of the Mescalero
Reservation;
(2) "tribal governing body" means the governing body of a tribe
or a committee of the members of such body designated by such body
for purposes of this Act;
(3) " Secretary" means the Secretary of the Interior acting
through (unless otherwise determined by the Secretary) the
Superintendent of the Bureau of Indian Affairs Agency serving the
tribe involved;
(4) "minor" means a member of a tribe, or descendant of a
member of a tribe, who has not attained the age of eighteen years
and who has a minor's share;
(5) "minor's share" means the per capita share of a judgment
award, and the investment income accruing thereto, which is held
in trust by the Secretary for a minor; and
(6) "parent" means the biological or adoptive parent or
parents, or other legal guardian, of a minor.
(b) Notwithstanding any provision of the Act of October 19, 1973 (87
Stat. 466), the Act of March 12, 1968 (82 Stat. 47), // 25 USC 1401 -
1407. 12 USC 635. // or any other law, or any regulation or plan
promulgated pursuant thereto, the minor's share of judgment funds
heretofore or hereafter awarded by the Indian Claims Commission or the
United States Court of Claims to a tribe may be disbursed to a parent of
such minor pursuant to this Act.
(c) The minor's share of judgment funds may be disbursed in such
amounts deemed necessary by such parent for the best interest of the
minor for the minor's health, education, welfare, and emergencies under
a plan governing such funds for each minor (or a plan governing funds of
all minors in a family) approved by the Secretary and the tribal
governing body of the minor's tribe.
(d) The Secretary shall provide a monthly report to each tribal
governing body which has approved one or more plans pursuant to
subsection (c). Each such report shall include the amount and purpose
of every disbursement made during each month under such plans.
Sec. 2. Any part of any of the judgment funds referred to in the
first section of this Act // 25 USC 609c-1. // that may be disturbed
per capita to, or held in trust for the benefit of, the members of a
tribe, including minor's shares, shall not be subject to Federal or
State income tax, and the per capita payment shall not be considered as
income or resources when determining the extent of eligibility for
assistance under the Social Security Act, or any other Federal or
federally assisted program.
Approved October 10, 1978.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 1304 (Comm. on Interior and Insular Affairs).
SENATE REPORT No. 95 - 1193 (Select Comm, on Indian Affairs).
CONGRESSIONAL RECORD, Vol. 124(1978):
July 17, considered and passed House.
Sept. 20, considered and passed Senate, amended.
Sept. 26, House concurred in Senate amendments.
PUBLIC LAW 95-432, 92 STAT. 1046
Immigration and Nationality 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 subsections (b),
(c), and (d) of section 301 and section 350 of the Immigration and
Nationality Act are hereby repealed, effective as of the date of
enactment of this Act.
Sec. 2. Paragraphs (5) and (8) of section 349 and sections 352, 353,
354, and 355 of the Immigration and Nationality Act are hereby repealed.
Sec. 3. Section 301 of the Immigration and Nationality Act is
amended by striking out "(a)" after " Sec. 301.", and by redesignating
paragraphs (1) through (7) as subsections (a) through (g), respectively.
Sec. 4. Section 349 of the Immigration and Nationality Act is
amended by inserting "(a)" after " Sec. 349.", and by renumbering
paragraphs (6), (7), and (9) as paragraphs (5), (6), and (7),
respectively.
Approved Oct. 10, 1978.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 1493 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 124(1978):
Sept. 19, considered and passed House.
Sept. 28, considered and passed Senate.
PUBLIC LAW 95-431, 92 STAT. 1021, STATE, JUSTICE, COMMERCE,
JUDICIARY, AND RELATED AGENCIES APPROPRIATIONS ACT, 1979
Justice, and Commerce,
the Judiciary, and related agencies for the fiscal
year ending September 30,
1979, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for the Departments of State, Justice, and Commerce, the
Judiciary, and related agencies for the fiscal year ending September 30,
1979, and for other purposes, namely:
For necessary expenses of the Department of State and the Foreign
Service, not otherwise provided for, including allowances as authorized
by 5 U.S.C. 5921-5925; expenses of binational arbitrations arising
under international air transport agreements; expenses necessary to
meet the responsibilities and obligations of the United States in
Germany (including those arising under the supreme authority assumed by
the United States on June 5, 1945, and under contractual arrangements
with the Federal Republic of Germany); expenses of the National
Commission on Educational, Scientific, and Cultural Cooperation, as
authorized by sections 3, 5, and 6 of the Act of July 30, 1946 (22 U.S.
C. 287o, 287q, 287r); hire of passenger motor vehicles; services as
authorized by 5 U.S.C. 3109; dues for library membership in
organizations which issue publications to members only, or to members at
a price lower than to others; expenses authorized by section 2 of the
Act of August 1, 1956 (22 U.S.C. 2669), as amended; refund of fees
erroneously charged and paid for passports; radio communications;
payment in advance for subscriptions to commercial information,
telephone and similar services abroad; expenses necessary to provide
maximum physical security in Government-owned and leased properties
abroad; and procurement by contract or otherwise, of services,
supplies, and facilities, as follows: (1) translating, (2) analysis and
tabulation of technical information, and (3) preparation of special
maps, globes, and geographic aids; $660,945,000: Provided, That
passenger motor vehicles in possession of the Foreign Service abroad may
be replaced in accordance with section 7 of the Act of August 1, 1956
(22 U.S.C. 2674), and the cost, including exchange allowance, of each
such replacement shall not exceed $6,500 in the case of the chief of
mission automobile at each diplomatic mission (except that four such
vehicles may be purchased at not to exceed $9,000 each) and such amounts
as may be otherwise provided by law for all other such vehicles, except
that right-hand drive vehicles may be purchased without regard to any
maximum price limitation otherwise established by law: Provided
further, That in addition, this appropriation shall be available for the
purchase (not to exceed thirty-three), replacement, rehabilitation, and
modification of passenger motor vehicles for protective purposes without
regard to any maximum price limitations otherwise established by law.
For representation allowances as authorized by section 901 of the
Foreign Service Act of 1946, as amended (22 U.S.C. 1131), $2,900,000.
ABROAD
For necessary expenses of carrying into effect the Foreign Service
Buildings Act, 1926, as amended (22 U.S.C. 292 - 300), including
personal services in the United States and abroad; salaries and
expenses of personnel and dependents as authorized by the Foreign
Service Act of 1946, as amended (22 U.S.C. 801 - 1158); allowances as
authorized by 5 U.S.C. 5921 - 5925; and services as authorized by 5 U.
S.C. 3109; $125,000,000, to remain available until expended: Provided,
That not to exceed $2,544,000 may be used for administrative expenses
during the current fiscal year.
ABROAD
(SPECIAL FOREIGN CURRENCY PROGRAM)
For payments in foreign currencies which the Treasury Department
determines to be excess to the normal requirements of the United States
for the purposes authorized by section 4 of the Foreign Service
Buildings Act of 1926, as amended (22 U.S.C. 295), $6,025,000, to remain
available until expended.
For expenses necessary to enable the Secretary of State to meet
unforeseen emergencies arising in the Diplomatic and Consular Service,
to be expended pursuant to the requirement of section 291 of the Revised
Statutes (31 U.S.C. 107), $2,350,000.
DISABILITY FUND
For payment to the Foreign Service Retirement and Disability Fund, as
authorized by law, $38,107,000.
For expenses, not otherwise provided for, necessary to meet annual
obligations of membership in international multilateral organizations,
pursuant to treaties, conventions, or specific Acts of Congress,
$327,676,000, of which no part may be made available for the furnishing
of technical assistance by the United Nations or any of its specialized
agencies.
ACTIVITIES
For payments, not otherwise provided for, by the United States for
expenses of United Nations peacekeeping forces in the Middle East,
$27,000,000.
For expenses necessary for permanent representation to certain
international organizations in which the United States participates
pursant to treaties, conventions, or specific Acts of Congress,
including expenses authorized by the pertinent Acts and conventions
provided for such representation; salaries and expenses of personnel
and dependents as authorized by the Foreign Service Act of 1946, as
amended (22 U.S.C. 801 - 1158); allowances, as authorized by 5 U.S.C.
5921 - 5925; and expenses authorized by section 2 (a) and (e) and
section 17 of the Act of August 1, 1956, as amended (22 U.S.C. 2669);
// 22 USC 2687. // $12,000,000.
For necessary expenses of participation by the United States, upon
approval by the Secretary of State, in international activities which
arise from time to time in the conduct of foreign affairs and for which
specific appropriations have not been provided pursuant to treaties,
conventions, or special Acts of Congress, including personal services
without regard to civil service and classification laws; salaries and
expenses of personnel and dependents as authorized by the Foreign
Service Act of 1946, as amended (22 U.S.C. 801 - 1158); allowances as
authorized by 5 U.S.C. 5921 - 5925; hire of passenger motor vehicles;
contributions for the share of the United States in expenses of
international organizations; and expenses authorized by section 2 (a)
of the Act of August 1, 1956, as amended (22 U.S.C. 2669); $8,000,000,
to remain available until expended, of which not to exceed a total of
$175,000 may be expended for representation allowances as authorized by
section 901 of the Act of August 13, 1946, as amended (22 U.S.C. 1131),
and for official entertainment.
For necessary expenses of participation by the United States in
international trade negotiations, including not to exceed $25,000 for
representation allowances, as authorized by section 901 of the Act of
August 13, 1946, as amended (22 U.S.C. 1131), and for official
entertainment, $4,717,000: Provided, That this appropriation shall be
available in accordance with the authority provided in the current
appropriation for " International conferences and contingencies".
STATES
AND MEXICO
For expenses necessary to enable the United States to meet its
obligations under the treaties of 1889, 1906, 1933, 1944, 1963, and 1970
between the United States and Mexico, and to comply with the other laws
applicable to the United States Section, International Boundary and
Water Commission, United States and Mexico, including operation and
maintenance of the Rio Grande rectification, canalization, flood
control, bank protection, water supply, power, irrigation, boundary
demarcation, and sanitation projects; detaild plan preparation and
construction (including surveys and operation and maintenance and
protection during construction); Rio Grande emergency flood protection;
expenditures for the purposes set forth in sections 101 through 104 of
the Act of September 13, 1950 (22 U.S.C. 277d -1 - 277d - 4); purchase
of planographs and lithographs; uniforms or allowances therefor, as
authorized by law (5 U.S.C. 5901 - 5902); and leasing of private
property to remove therefrom sand, gravel, stone, and other materials,
without regard to section 3709 of the Revised Statutes, as amended (41
U.S.C. 5); as follows:
For salaries and expenses not otherwise provided for, including
examination, preliminary surveys, and investigations, and operation and
maintenance of projects or parts thereof, as enumerated above, including
gaging stations, $6,800,000: Provided, That expenditures for the Rio
Grande bank protection project shall be subject to the provisions and
conditions contained in the appropriation for said project as provided
by the Act approved April 25, 1945 (59 Stat. 89).
For detailed plan preparation and construction of projects authorized
by the convention concluded February 1, 1933, between the United States
and Mexico, the Acts approved August 19, 1935, as amended (22 U.S.C. 77
- 277f), August 29, 1935 (49 Stat. 961), June 4, 1936 (49 Stat. 1463),
June 28, 1941 (22 U.S.C. 277f), September 13, 1950 (22 U. S.C. 277d - 1
- 9), October 10, 1966 (80 Stat. 884), October 25, 1972 (86 Stat. 1161),
and the project stipulated in the treaty between the United States and
Mexico signed at Washington on February 3, 1944, to remain available
until expended, $3,900,000: Provided, That no expenditures shall be
made for the Lower Rio Grande flood control project for construction on
any land, site, or easement in connection with this project except such
as has been acquired by donation and the title thereto has been approved
by the Attorney General of the United States: Provided further, That
the Anzalduas diversion dam shall not be operated for irrigation or
water supply purposes in the United States unless suitable arrangments
have been made with the prospective water users for repayment to the
Government of such portions of the cost of said dam as shall have been
allocated to such purposes by the Secretary of State.
For expenses necessary to enable the President to perform the
obligations of the United States pursuant to treaties between the United
States and Great Britain, in respect to Canada, signed January 11, 1909
(36 Stat. 2448), and February 24, 1925 (44 Stat. 2102); and the treaty
between the United States and Canada, signed February 27, 1950;
including services as authorized by 5 U.S.C. 3109; hire of passenger
motor vehicles; $2,500,000, to be disbursed under the direction of the
Secretary of State and to be available also for additional expenses of
the American Sections, International Commissions, as hereinafter set
forth:
International Joint Commission, United States and Canada, the salary
of the Commissioners on the part of the United States who shall serve at
the pleasure of the President; salaries of clerks and other employees
appointed by the Commissioners on the part of the United States with the
approval solely of the Secretary of State; travel expenses and
compensation of witnesses in attending hearings of the Commission at
such places in the United States and Canada as the Commission or the
American Commissioners shall determine to be necessary; not to exceed
$2,000 for representation expenses, in accordance with such regulations
as the President may prescribe, and official entertainment; and special
and technical investigations in connection with matters falling within
the Commission's jurisdiction: Provided, That transfers of funds may be
made to other agencies of the Government for the performance of work for
which this appropriation is made.
International Boundary Commission, United States and Canada, the
completion of such remaining work as may be required under the award of
the Alaskan Boundary Tribunal and the existing treaties between the
United States and Great Britain; commutation of subsistence to
employees while on field duty at not to exceed the authorized prevailing
daily rate; hire of freight and passenger motor vehicles from temporary
field employees; and payment for timber necessarily cut in keeping the
boundary line clear.
For expenses, not otherwise provided for, necessary to enable the
United States to meet its obligations in connection with participation
in international fisheries commissions pursuant to treaties or
conventions, and implementing Acts of Congress, $6,600,000: Provided
That the United States share of such expenses may be advanced to the
respective commissions.
Sec. 102. Appropriations under this title for " Salaries and
expenses", " International conferences and contigencies", and " Missions
to international organizations" are available for reimbursement to the
General Services Administration for security guard services for
protection of confidential files.
Sec. 103. None of the funds appropriated in this title shall be used
(1) to pay the United States contribution to any international
organization which engages in the direct or indirect promotion of the
principle or doctrine of one world government or one world citizenship.
(2) for the promotion, direct or indirect, of the principle or doctrine
of one world government or one world citizenship.
This title may be cited as the " Department of State Appropriation
Act, 1979".
For expenses necessary for the administration of the Department of
Justice, including hire of passenger motor vehicles; and miscellaneous
and emergency expenses authorized or approved by the Attorney General or
the Assistant Attorney General for Administration; $28,474,000, of
which $5,111,000 is for the United States Parole Commission and
$1,700,000 is for the Federal justice research program, the latter
amount to remain available until expended.
(INCLUDING
TRANSFER OF FUNDS)
For expenses necessary for the legal activities of the Department of
Justice, not otherwise provided for, including miscellaneous and
emergency expenses authorized or approved by the Attorney General or the
Assistant Attorney General for Administration; not to exceed $20,000
for expenses of collecting evidence, to be expended under the direction
of the Attorney General and accounted for solely on his certificate;
and advances of public moneys pursuant to law (31 U.S.C. 529);
$90,550,000: Provided, That not to exceed $105,000 may be transferred
to this appropriation from the " Alien Property Fund, World War II", for
the general administrative expenses of alien property activities,
including rent of private or Government-owned space in the District of
Columbia.
For expenses necessary for the enforcement of antitrust, consumer
protection and kindred laws, including $10,000,000 for antitrust
enforcement grants to the States authorized by section 309 of the
Omnibus Crime Control and Safe Streets Act of 1968, as amended,
$46,377,000: Provided, That none of this appropriation shall be
expended for the establishment and maintenance of permanent regional
offices of the Antitrust Division.
MARSHALS
For necessary expenses of the offices of the United States attorneys
and marshals, including purchase of firearms and ammunition and
supervision of United States prisoners in non-Federal institutions, and
bringing to the United States from foreign countries persons charged
with crime, and for lease of not more than 800 passenger motor vehicles
from the General Services Administration, of which not more than five
hundred and seventy shall be for police-type use, $196,700,000:
Provided, That, in order to equip the U.S. Marshals Service with
police-type vehicles, the General Services Administration may purchase
not more than one hundred replacement vehicles wihout regard to the
purchase price limitation for the current fiscal year.
For support of United States prisoners in non-Federal institutions,
including necessary clothing and medical aid, payment of rewards, and
reimbursement to Saint Elizabeths Hospital for the care and treatment of
United States prisoners, at per diem rates as authorized by law (24
U.S.C. 168a), $25,100,000.
For expenses, mileage, compensation, and per diems of witnesses and
for per diems in lieu of subsistence, as authorized by law, including
advances; $20,000,000: Provided, That no part of the sum herein
appropriated shall be used to pay any witness more than one attendance
fee for any one calendar day.
For necessary expenses of the Community Relations Service established
by title X of the Civil Rights Act of 1964 (42 U.S.C. 2000g - 2000g -2),
$5,353,000.
For expenses necessary for the detection and prosecution of crimes
against the United States; protection of the person of the President of
the United States and the person of the Attorney General; acquisition,
collection, classification and preservation of identification and other
records and their exchange with, and for the official use of, the duly
authorized officials of the Federal Government, of States, cities, and
other institutions, such exchange to be subject to cancellation if
dissemination is made outside the receiving departments or related
agencies; and such other investigations regarding official matters
under the control of the Department of Justice and the Department of
State as may be directed by the Attorney General; including purchase
for police-type use without regard to the general purchase price
limitation for the current fiscal year (not to exceed one thousand three
hundred and seventy-four for replacement only) and hire of passenger
motor vehicles; acquisition, lease, maintenance and operation of
aircraft; firearms and ammunition; payment of rewards; benefits in
accordance with those provided under 22 U.S.C. 1136 (9)-(11) and 22
U.S.C. 1157, under regulations prescribed by the Secretary of State;
and not to exceed $70,000 to meet unforeseen emergencies of a
confidential character, to be expended under the direction of the
Attorney General, and to be accounted for solely on his certificate;
$561,341,000.
None of the funds appropriated for the Federal Bureau of
Investigation shall be used to pay the compensation of any civil service
employee.
For expenses, not otherwise provided for, necessary for the
administration and enforcement of the laws relating to immigration,
naturalization, and alien registration, including advance of cash to
aliens for meals and lodging while en route; payment of allowances (at
a rate not in excess of $1 per day) to aliens, while held in custody
under the immigration laws, for work performed; payment of expenses and
allowances incurred in tracking lost persons as required by public
exigencies; payment of rewards; not to exceed $50,000 to meet
unforeseen emergencies of a confidential character, to be expended under
the direction of the Attorney General and accounted for solely on his
certificate; purchase for police-type use without regard to the general
purchase price limitation for the current fiscal year (not to exceed
four hundred seven, of which two hundred ninety-eight shall be for
replacement only) and hire of passenge motor vehicles; acquisition,
lease, maintenance and operation of aircraft; firearms and ammunition,
attendance at firearms matches; refunds of head tax, maintenance bills,
immigration fines, and other items properly returnable, except deposits
of aliens who become public charges and deposits to secure payment of
fines and passage money; operation, maintenance, remodeling, and repair
of buildings and the purchase of equipment incident thereto;
acquisition of land as sites for enforcement fence and construction
incident to such fence; reimbursement to the General Services
Administration for security guard services for protection of
confidential files; benefits in accordance with those provided under 22
U.S.C. 1136 (9)-(11) and 22 u.s.c. 1157 under regulations prescribed by
the Secretary of State; research related to immigration enforcement;
$299,350,000, of which not to exceed $400,000 shall remain available for
such research until expended: Provided, That of the amount herein
appropriated, not to exceed $50,000 may be used for the emergency
replacement of aircraft upon certificate of the Attorney General.
For necessary expenses of the Drug Enforcement Administration,
including hire of passenger motor vehicles; payment in advance for
special tests and studies by contract; payment in advance for expenses
arising out of contractual and reimbursable agreements with State and
local law enforcement and regulatory agencies while engaged in
cooperative enforcement and regulatory activities in accordance with
section 503a (2) of the Controlled Substances Act; // 21 USC 873. //
not to exceed $70,000 to meet unforeseen emergencies of a confidential
character, to be expended under the direction of the Attorney General,
and to be accounted for solely on his certificate; purchase of not to
exceed three hundred seventy-five passenger motor vehicles (for
replacement only) for police-type use without regard to the general
purchase price limitation for the current fiscal year; payment of
rewards; payment for publication of technical and informational
material in professional and trade journals; purchase of chemicals,
apparatus, and scientific equipment; payment for necessary
accommodations in the District of Columbia for conferences and training
activities; acquisition, lease, maintenance, and operation of aircraft;
employment of aliens by contract for services abroad; research related
to enforcement and drug control; benefits in accordance with those
provided under 22 U.S.C. 1136 (9)-(11), under regulations prescribed by
the Secretary of State; $192,953,000, of which not to exceed $4,500,000
for research shall remain available until expended.
For expenses necessary for the administration, operation, and
maintenance of Federal penal and correctional institutions, including
supervision and support of United States prisoners in non-Federal
institutions; purchase of (not to exceed thirty-two of which
twenty-four are for replacement only) and hire of law enforcement and
passenger motor vehicles; compilation of statistics relating to
prisoners in Federal penal and correctional institutions; assistance to
State and local governments to improve their correctional systems;
firearms and ammunition; medals and other awards; payment of rewards;
purchase and exchange of farm products and livestock; construction of
builings at prison campss; and acquisition of land as authorized by
section 4010 of title 18, United States Code; $315,200,000: Provided,
That there may be transferred to the Health Services Administration such
amounts as may be necessary, in the discretion of the Attorney General,
for direct expenditures by that Administration for medical relief for
inmates of Federal penal and correctional institutions.
For carrying out the provisions of sections 4351 - 4353 of title 18,
United States Code, which established a National Institute of
Corrections, $9,920,000, to remain available until expended.
For planning, acquisition of sites and construction of new facilities
and constructing, remodeling, and equipping necessary buildings and
facilities at existing penal and correctional institutions, including
all necessary expenses incident thereto, by contract or force account,
$35,280,000, to remain available until expended: Provided, That labor
of the United States prisoners may be used for work performed under this
appropriation.
The Federal Prison Industries, Incorporated, is hereby authorized to
make such expenditures, within the limits of funds and borrowing
authority available, and in accord with the law, and to make such
contracts and commitments, without regard to fiscal year limitations as
provided by section 104 of the Government Corporation Control Act, as
amended, // 31 USC 849. // as may be necessary in carrying out the
program set forth in the budget for the current fiscal year for such
corporation, including purchase of not to exceed five (for replacement
only) and hire of passenger motor vehicles, except as hereinafter
provided.
EXPENSES,
FEDERAL PRISON INDUSTRIES, INCORPORATED
Not to exceed $2,041,000 of the funds of the corporation shall be
available for its administrative expenses, and not to exceed $3,040,000
for the expenses of vocational training of prisoners, both amounts to be
available for services as authorized by 5 U.S.C. 3109, and to be
computed on an accrual basis and to be determined in accordance with the
corporation's prescribed accounting system in effect on July 1, 1946,
and shall be exclusive of depreciation, payment of claims, expenditures
which the said accounting system requires to be capitalized or charged
to cost of commodities acquired or produced, including selling and
shipping expenses, and expenses in connection with acquisition,
construction, operation, maintenance, improvement, protection, or
disposition of facilities and other property belonging to the
corporation or in which it has an interest.
For grants, contract, loans, and other assistance authorized by title
I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended,
// 42 USC 3701 // and title II of the Juvenile Justice and Delinquency
Prevention Act of 1974, as amended, // 42 USC 5601 // including salaries
and other expenses in connection therewith, $646,488,000, to remain
available until expended.
GENERAL PROVISIONS-- DEPARTMENT OF JUSTICE
Sec. 202. None of the funds appropriated by this title may be used
to pay the compensation of any person hereafter employed as an attorney
(except foreign counsel employed in special cases) unless such person
shall be duly licensed and authorized to practice as an attorney under
the laws of a State, territory, or the District of Columbia.
Sec. 203. Appropriations and authorizations made in this title for
salaries and expenses shall be available for services as authorized by 5
U.S.C. 3109.
Sec. 204. Appropriations for " Salaries and expenses, general
administration", " Salaries and expenses, United States attorneys and
marshals", " Salaries and expenses, Federal Bureau of Investigation", "
Salaries and expenses, Immigration and Naturalization Service", and "
Salaries and expenses, Bureau of Prisons", shall be available for
uniforms and allowances therefor as authorized by law (5 U.S.C. 5901 -
5902).
Sec. 205. Appropiations made in this title shall be available for
the purchase of insurance for motor vehicles operated on official
Government business in foreign countries.
Sec. 206. Funds appropriated under this title shall be available for
(1) expenses of primary and secondary schooling for dependents of
personnel stationed outside the continental United States at costs not
in excess of those authorized by the Department of Defense for the same
area, when it is determined by the Attorney General that schools
available in the locality are unable to provide adequately for the
education of such dependents, and (2) transportation of said dependents
between teir places of residence and schools serving the area which they
woul normally attend when the Attorney General, under such regulations
as he may prescribe, determines that such schools are not accessible by
public means of transportation.
Sec. 207. A total of not to exceed $18,500 from funds appropriated
to the Department of Justice shall be available for official reception
and representation expenses in accordance with distributions,
procedures, and regulations established by the Attorney General.
Sec. 208. Appropriations and authorizations made in this title which
are available for expenses of attendance at meetings shall be expended
for such purposes in accordance with regulations prescribed by the
Attorney General.
This title may be cited as the " Department of Justice Appropriation
Act, 1979".
For expenses necessary for the general administration of the
Department of Commerce, including not to exceed $2,000 for official
entertainment, $24,900,000, of which $2,000,000 shall be available for
the Secretary's Special Initiatives Fund.
For expenses necessary for collecting, compiling, analyzing,
preparing, and publishing statistics, provided for by law, $49,286,000.
For expenses necessary to prepare for taking, compiling, and
publishing the censuses of business, transportation, manufactures, and
mineral industries; the census of governments; the census of
agriculture; the census of population and housing; and periodic
surveys, as provided for by law; $196,800,000, to remain available
until expended: Provided, That certain enumerators for the 1980
Decennial Census may be paid on a piece rate basis without regard to the
provisions of 29 U.S.C. 206 and 207.
For necessary expenses of the Bureau of Economic Analysis, the Office
of Federal Statistical Policy and Standards, the Office of Industrial
Economics, and the Office of Economic Affairs, $16,430,000.
TRANSFER
OF FUNDS)
For economic development assistance as authorized by titles I, Ii,
III, IV and IX of the Public Works and Economic Development Act of 1965,
as amended, // 42 USC 3131, 3141, 3151, 3161, 3241. // and title II of
the Trade Act of 1974, // 19 USC 2251. // $507,525,000: Provided, That
any unobligated balance remaining in the account entitled " Financial
and Technical Assistance" as of September 30, 1978, shall be merged with
this appropriation: Provided further, That total obligations for new
loans and guarantees under the " Economic Development Revolving Fund"
shall not exceed $75,000,000.
For administrative expenses, including expenses for program
evaluation by the Secretary of Commerce, necessary to carry out title I
of the Public Works Employment Act of 1976 (Public Law 94 - 369), // 42
USC 6701 // $10,600,000.
PROGRAMS
For necessary expenses of administering the economic development
assistance programs, not otherwise provided for, $29,300,000,of which
not to exceed $300,000 may be advanced to the Small Business
Administration for processing of loan applications.
For expenses necessary to carry out the programs authorized by title
V of the Public Works and Economic Development Act of 1965, as amended,
// 42 USC 3181. // $62,800,000, to remain available until expended.
For necessary expenses for domestic business activities of the
Department of Commerce; necessary expenses for international business
activities, including trade promotional activities abroad without regard
to the provisions of law set forth in 41 U.S.C. 5 and 13, and 44 U.S.C.
501, 3702, and 3703; full medical coverage for dependent members of
immediate families of employees stationed overseas; purchase of
commercial and trade reports; employment of aliens by contract for
services abroad; rental of space abroad for periods not exceeding five
years, and expenses of alteration, repair, or improvement; purchase or
construction of temporary demountable exhibition structures for use
abroad; advance of funds under contracts abroad; payment of tort
claims, in the manner authorized in the first paragraph of 28 U.S.C.
2672 when such claims arise in foreign countries; and not to exceed
$4,200 for official representation expenses abroad; necessary expenses
to carry out the provisions of the Defense Production Act of 1950, as
amended; and necessary expenses for carrying out the Export
Administration Act of 1969, as amended, including awards of compensation
to informers under said Act and as authorized by 22 U.S.C. 401 (b);
$71,775,000, to remain available until expended: Provided, That the
provisions of the first sentence of section 105 (f) and all of section
108 (c) of the Mutual Educational and Cultural Exchange Act of 1961 (22
U.S.C. 2455 (f) and 2458 (c)) shall apply in carrying out the activities
concerned with international business activities.
For necessary expenses of the Department of Commerce in fostering,
promoting, and developing minority business enterprise, including
expenses of grants, contracts, or other agreements with public or
private organizations $57,965,000, of which $44,950,000 shall remain
available until expended: Provided, That not to exceed $13,015,000
shall be available for program development and management.
For necessary expenses of the United States Travel Service as
provided for by law; including employment of aliens by contract for
service abroad; rental of space abroad for periods not exceeding five
years, and expenses of alteration, repair, or improvement; advance of
funds under contracts abroad; payment of tort claims in the manner
authorized in the first paragraph of 28 U.S.C. 2672, when such claims
arise in foreign countries; and not to exceed $5,000 for representation
expenses abroad; $13,500,000.
TRANSFER OF FUNDS)
For expenses necessary for the National Oceanic and Atmospheric
Administration, including research and development; maintenance,
operation, and hire of aircraft; expenses of an authorized strengh of
339 commissioned officers on the active list; pay of commissioned
officers retired in accordance with law and payments under the Retired
Serviceman's Family Protection and the Survivors Benefit plans;
construction of facilities, including initial equipment; alteration,
modernization, and relocation of facilities; and acquisition of land
for facilities; $660,650,000, to remain available until expended, of
which so much as may become available during the current fiscal year
shall be derived from the Pribilof Islands Fund; and, in addition,
$5,000,000 shall be transferred to this appropriation from the fund
entitled " Promote and develop fishery products and research pertaining
to American fisheries": Provided, That this appropriation shall be
available for payment to the National Aeronautics and Space
Administration for procurement, in accordance with the authority
available to that administration, of such equipment or facilities as may
be necessary, for the purposes of this appropriation.
For carrying out the provisions of Public Law 92 - 583, as amended,
// 16 USC 1451 // and the provisions of Title III of Public Law 92 -
532, as amended, // 16 USC 1431 - 1434. // $57,200,000, to remain
available until expended.
Obligations under the Coastal Energy Impact Fund for payments
pursuant to subsections 308 (c), (d), and (f) of the Coastal Zone
Management Act of 1972, as amended, // 16 USC 1456a. // shall not
exceed $200,000,000.
For expenses necessary to carry out the provisions of the Federal
Fire Prevention and Control Act of 1974, // 15 USC 2201 // as amended,
$17,395,000, to remain available until expended.
For necessary expenses of the Patent and Trademark Office, including
defense of suits instituted against the Commissioner of Patents and
Trademarks, $93,600,000.
For necessary expenses of the National Bureau of Standards, including
the acquisition of buildings,grounds, and other facilities; and the
National Technical Information Service; $87,700,000, to remain
available until expended, of which not to exceed $3,300,000 may be
transferred to the " Working Capital Fund", National Bureau of
Standards, for additional capital.
ADMINISTRATION
For necessary expenses, as provided for by law, of the National
Telecommunications and Information Administration, $11,500,000, to
remain available until expended.
For construction-differential subsidy incident to construction,
reconstruction, and reconditioning of ships and acquisition of used
ships under title V of the Merchant Marine Act, 1936, as amended; // 46
USC 1151. // and for the cost of national defense features on ships,
$157,000,000, to remain available until expended.
CONTRACT
AUTHORITY)
For the payment of obligations incurred for operating-differential
subsidies as authorized by the Merchant Marine Act, 1936, as amended, //
46 USC 1245. // $250,000,000, to remain availble until expended.
For expenses necessary for research, development, fabrication, and
test operation of experimental facilities and equipment; collection and
dissemination of maritime technical and engineering information; and
studies to improve water transportation systems; $17,500,000, to remain
available until expended.
For expenses necessary for carrying out the Merchant Marine Act,
1936, as amended, and the training of cadets as officers of the Merchant
Marine, including not to exceed $2,500 for entertainment of officials of
other countries when specifically authorized by the Maritime
Administrator; not to exceed $2,500 for representation allowances; not
to exceed $2,500 for contingencies for the Superintendent, United States
Merchant Marine Academy, to be expended in his discretion; $57,150,000,
to remain available until expended: Provided, That reimbursement may be
made to this appropriation for expenses in support of activities for
National Maritime Research Centers financed from the appropriation for "
Research and development": Provided further, That reimbursements may be
made to this appropriation from receipts to the " Federal ship financing
fund" for administrative expenses in support of that program.
Notwithstanding any other provision of this Act, the Maritime
Administration is authorized to furnish utilities and services and make
necessary repairs in connection with any lease, contract, or occupancy
involving Government property under control of the Maritime
Administration and payments received by the Maritime Administration for
utilities, services, and repairs so furnished or made shall be credited
to the appropriation charged with the cost thereof: Provided, That
rental payments under any such lease, contract, or occupancy on account
of items other than such utilities, services, or repairs shall be
covered into the Treasury as miscellaneous receipts.
No obligations shall be incurred during the current fiscal year from
the construction fund established by the Merchant Marine Act, 1936, //
46 USC 1245. // or otherwise, in excess of the appropriations and
limitations contained in this Act, or in any prior appropriation Act and
all receipts which otherwise would be deposited to the credit of said
fund shall be covered into the Treasury as miscellaneous receipts.
Sec. 302. During the current fiscal year applicable appropriations
and funds available to the Department of Commerce shall be available for
the activities specified in the Act of October 26, 1949 (15 U.S.C.
1514), to the extent and in the manner prescribed by said Act.
Sec. 303. During the current fiscal year appropriations to the
Department of Commerce which are available for salaries and expenses
shall be available for hire of passenger motor vehicles; services as
authorized by 5 U.S.C. 3109; and uniforms or allowances therefor, as
authorized by law (5 U.S.C. 5901 - 5902).
Sec. 304. No part of any appropriation contained in this title shall
be used for construction of any ship in any foreign country.
Sec. 305. No part of any appropriation contained in this title shall
be obligated or expended for promoting or conducting trade relations
with Cuba.
This title may be cited as the " Department of Commerce Appropriation
Act, 1979".
For expenses necessary for the operation of the Supreme Court, as
required by law, excluding care of the building and grounds, including
purchase, or hire, driving, maintenance and operation of an automobile
for the Chief Justice, hire of passenger motor vehicles; not to exceed
$7,500 for official reception and representation expenses; and for
miscellaneous expenses, to be expended as the Chief Justice may approve;
$9,690,000.
For such expenditures as may be necessary to enable the Architect of
the Capitol to carry out the duties imposed upon him by the Act approved
May 7. 1934 (40 U. s. c. 13a - 13b), including improvenents maintenance,
repairs, equipment, supplies, materials, and appurtenances; special
clothing for workmen; and personal and other services (including
temporary lobor without reference to the Classification and Retirement
Acts, as amended), // 5 USC 5101 8331 // and for snow removal by hire of
men and equipment or under contract without compliance with section 3709
of the Revised Statutes, as amended (41 U.S.C.5); $1,450,000, of which
$66,000 shall remain available until expended: Provided, That section 1
of the Act of May 7, 1934 (40 U.S.C. 13a - 13b) is amended by adding
therto the following subsection:
"(b) In addition to the foregoing, any funds hereafter appropriated
under authority of this Act shall be available also for expenses of
heating and air-conditioning refrigeration supplied by the Capitol Power
Plant, advancements for which shall be made and deposited in the
Treasury to the credit of appropriations hereafter provided for the
Capitol Power Plant; and for the purchase of electrical energy:
Provided further, That subsection 2 of such Act is amended by striking
the words 'the foregoing' and inserting in lieu thereof the words
'section 1 (a)'".
For salaries of the chief judge, associate judges, and other officers
and employees, and for all necessary expenses of the court, $1,099,000.
For salaries of the chief judge and eight judges; salaries of the
officers and employees of the court; services as authorized by 5 U.S.
C. 3109; and necessary expenses of the court, including exchange of
books and traveling expenses, as may be approved by the court;
$3,055,000: Provided, That travel expenses of judges of the Customs
Court shall be paid upon written certificate of the judge.
SALARIES and EXPENSES
For salaries of the chief judge, associate judges, and other officers
and employees, and for all necssary expenses of the court, $3,520,000.
Judicial Serices
For salaries of circuit judges; district judges (including judges of
the district courts of the Virgin Inslands, the Panama Canal Zone, Guam,
and the Northern Mariana Islands); justices and judges retired or
resigned under title 28, United States Code, sections 371, 372, and 373;
and annuities of widows of Justices of the Supreme Court of the United
Stats in accordance with title 28, United States Code, section 375;
$40,258,000.
For salaries of all officials and employees of the Federal Judiciary,
not othewise specifically provided for, $166,195,000: Provided, That
the salaries of scretaries and law clerks to circuit and district judges
shall not exceed the compensation established in chapter 51 of title 5,
United states Code, for general Schedule grade (gs) 11 and grade (gs)
12, respectively: Provided further, That (exclusive of step increases
corresponding with those provided for by chapter 53 of title 5 of the
United States Code, // 5 USC 5301 // post differential and allowances
for employees stationed outside the continental United States and in
Alaska and of compensation paid for temporary assistance needed becacuse
of an emergency) the aggregate salaries paid to secretaries and law
clerks appointed by each of the circuit and district judges shall not
exceed $73,489 and $45,272 per annum, respectively, except in the case
of the chief judge of each circuit and the chief judge of each district
court having five or more district judges, in which case the aggregate
salaries shall not exceed $91,747 and $57,608 per annum, respectively:
Provided further, That the chief judge of each circuit may appoint a
senior staff attorney to the court at a rate of compensation not to
exceed General Schedule grade ((GS) 15, without regard to the
limitations referred to above
For the operation of Federal Public Defender and Community Defender
organizations, and the compensation and reimbursement of expenses of
attorneys appointed to represent persons under the Criminal Justice Act
of 1964, as amended // 18 USC 3006a // $24,800,000, to remain available
until expended.
For fees and expenses of jurors; compensation of jury commissioners;
and compensation of commissioners appointed in condemnation cases
pursuant to Rule 71 A(h) of the Federal Rules of Civil Procedure;
$20,750,000, to remain available until expended: Provided, That the
compensation of land commissioners shall not exceed the daily equivalent
of the highest rate payable under section 5332 of title 5, United States
Code.
For necessary travel and miscellaneous expenses, not otherwise
provided for, incurred by the Judiciary, including the purchase of
firearms and ammunition, $31,914,000.
For compensation and expenses of United States magistrates, including
secretarial and clerical assistance, as authorized by 28 U.S. C. 634 -
635, $19,441,000.
For salaries and expenses of referees as authorized by the Act of
June 28, 1946, as amended (11 U.S.C. 68, 102), not to exceed
$35,300,000, to be derived from the Referees' salary and expense fund
established in pursuance of said Act, and, to the extent of any
deficiency in said fund, from any monies in the Treasury not otherwise
appropriated.
For the rental of space, tenant alterations, and related services for
the United States Courts of Appeals and District Courts, the Court of
Customs and Patent Appeals, the Customs Court, the Court of Claims, the
Administrative Office of the United States Courts and the // 40 USC 603
// Federal Judicial Center, pursuant to the Public Buildings Amendments
of 1972, Public Law 92 - 313, June 16, 1972 (86 Stat. 216), $98,400,000.
For furniture and furnishings of the United States Courts of Appeals
and District Courts,including transportation, installation, and other
related expenses, $8,500,000; to be procured directly, or by the
General Services Administration to the extent funds are transferred for
that purpose, in compliance with guidelines prescribed by the Director
of the Administrative Office of the United States Courts.
// 18 USC 3152 - 3156. //
For salaries and expenses of pretrial services agencies established
pursuant to title II of the Speedy Trial Act of 1974, // 18 USC 3152 -
3156 // including support of services to defendants released pending
trial, $5,000,000, to remain available until expended.
For necessary expenses of the Administrative Office of the United
States Courts, including travel, advertising, and rent in the District
of Columbia and elsewhere, $12,250,000.
For necessary expenses of the Federal Judicial Center, as authorized
by Public Law 90 - 219, // 28 USC 620. // $8,025,000.
Funds appropriated under this heading in the Judiciary Appropriation
Act, 1976, // 89 Stat. 633. // shall be available for expenses incurred
by the Judiciary in planning for the observance of the Bicentennial of
the Constitution of the United States.
Sec. 402. Appropriations and authorizations made in this title which
are avavaiable for salaries and expenses shall be available for services
as authorized by 5 U.S.C. 3109.
Sec. 403. Not to exceed $120,000 of the appropriations contained in
this title shall be available for the study of rules of practice and
procedure.
Sec. 404. Appropriations made in this title shall be available for
salaries and expenses of the Temporary Emergency Court of Appeals
authorized by Public Law 92 - 210. // 12 USC 1904 //
This title may be cited as the " Judiciary Appropriation Act, 1979".
For necessary expenses, not otherwise provided for, for arms control
and disarmament activities, including not to exceed $15,000 for offical
reception and representation expenses, authorized by the Act of
September 26, 1961, as amended (22 U.S.C. 2551 et seq.), $16,395,000.
For expenses of the Board for International Broadcasting, including
grants to RFE/RL, Inc. $85,000,000, of which $2,000,000, to remain
available until expended, shall be available only for fluctuations in
foreign currency exchange rates in accordance with the provisions of
section 8 of the Board for International Broadcastion Act of 1973, as
amended: // 22 USC 2877 // Provided, That not to exceed $52,000 shall
be available for official reception and representation expenses.
For expenses necessary for the Commission on Civil Rights, including
hire of passenger motor vehicles, $10,752,000.
For expenses necessary for the Commission on Security and Cooperation
in Europe, as authorized by Public Law 94 - 304, // 22 USC 3001 //
$521,000, to remain available until expended: Provided, That not to
exceed $6,000 of such amount shall be available for official reception
and representation expenses.
For necessary expenses of the Equal Employment Opportunity Commission
as authorized by title VII of the Civil Rights Act of 1964, // 42 USC
2000e. // as amended, including services as authorized by 5 U.S.C.
3109; hire of passenger motor vehicles; and not to exceed $15,000,000
for payments to State and local enforcement agencies for services to the
Commission pursuant to title VII of the Civil Rights Act, as amended;
// 42 USC 2000e. // $107,000,000.
for necessary expenses for the Federal Communications Commission, as
authorized by law, including uniforms or allowances therfor, as
authorized by law (5 U.S.C. 5901 - 5902); not to exceed $325,000 for
land and structures; not to exceed $65,000 for improvement and care of
grounds and repair to buildings; not to exceed $3,000 for offcial
reception and representation expenses; purchase (not to exceed six) and
hire of motor vehicle; special counsel fees; and services as
authorized by 5 U.S.C.3109; not to exceed $35,000 to provided
commemorative stamp albums to delegates attending the 1979 World
Administrative Radio Conference; $70,446,000: Provided, That not to
exceed $500,000 of the foregoing amount shall remain available until
September 30, 1980 for research and policy studies.
For necessary expenses of the Federal Maritime Commission,including
services as authorized by 5 U.S.C. 3109; hire of passenger motor
vehicles; and uniforms or allowances therefor, as authorized by 5 U.S.
C.5901 - 5902; $10,550,000: Provided, That not to exceed $1,500 shall
be available for official reception and representation expenses
For necessary expenses of the Federal Trade Commission, including
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901 - 5902;
services as authorized by 5 U.S.C. 3109; hire of passenger motor
vehices; and not to exceed $1,500 for official reception and
representation expenses; $64,750,000.
For expenses necessary to carry on the activities of the Foreign
Claims Settlement Commission, including services as authorized by 5 U.
S.C.3109; allowances and benefits similar to those provided by title IX
of the Foreign Service Act of 1946, as amended, // 22 USC 1131. // as
determined by the Commission; expenses of packing, shipping, and
storing personal effects of personnel assigned abroad; rental or lease,
for such periods as may be necessary, of office space and living
quarters for personnel assigned abroad; maintenance, improvement,and
repair of properties rented or leased abroad, and furnishing fuel,
water, and utilities for such properties; insurance on official motor
vehicles abroad; advances of funds abroad; advances or reimbursements
to other Govenment agencies for use of thier facilities and services in
carrying out the functions of the Commission; hire of motor vehicles
for field use only; and employment of aliens; $1,015,000, to be
derived by transfer from the account entitled " Payment of Vietnam
Prisoners of War Claims".
For expenses, not otherwise provided for, necessary to enable the
International Communication Agency, as authorized by Reorganization Plan
No.2 of 1977, the Mutual Educational and Cultural Exchange Act (22
U.S.C. 2451 et seq.), and the United States Information and Educational
Exchange Act, as amended (22 U.S.C. 1431 et seq.), to carry out
international communication, educational and cultural activities,
including employment, without regard to the civil service and
classification laws, of persons on a temporary basis (not to exceed
$20,000), and aliens within the United States; expenses authorized by
the Foreign Service Act of 1946, as amended (22 U.S.C. 801 - 1158) and
living quarters as authorized by 5 U.S.C. 5912; entertainment within
the United States not to exceed $6,500; purchase for use abroad of
passenger motor vehicles (of which not to exceed twenty-five may be for
purposes other than replacement); hire of passenger motor vehicles;
services as authorized by 5 U.S.C. 3109; advance of funds
notwithstanding section 3648 of the Revised Statutes, as amended (31 U.
S.C. 529); dues for library membership in organizations which issue
publications to members only, or to members at a price lower than to
others; expenses authorized by section 804 (14) of the United States
Information and Educational Exchange Act, as amended (22 U.S.C. 1474);
radio activities and acquisition and production of motion pictures and
visual materials and purchase or rental of technical equipment and
facilties therefor, narration, scriptwriting, translation, and
engineering services, by contract or otherwise; and purchase of objects
for presentation to foreign governments, schools, or organizations;
$368,000,000, of which not to exceed $7,941,000 of the amounts allocated
by the International Communication Agency to carry out section 102(a)
(3) of the Mutual Educational and Cultural Exchange Act of 1961, as
amended (22 U.S.C. 2451), // 22 USC 2452. // shall remain available
until expended: Provided, That not to exceed $410,000 may be used for
representation abroad: Provided further, That passenger motor vehicles
used abroad exclusively for the purposes of this appropriation may be
replaced in accordance with section 806 of the United States Information
and Educational Exchange Act, as amended (22 U.S.C. 1475a), and the
cost, including the exchange allowance, of each such replacement, shall
not exceed such amounts as may be otherwise provided by law (except that
right-hand drive vehicles may be pruchased without regard to any maximum
price limitation otherwise established by law) : Provided further, That
notwithstanding the provisions of section 3679 of the Revised Statutes,
as amended (31 U.S. C. 665), the International Communication Agency is
authorized, in making contracts for the use of international shortwave
radio stations and facilities, to agree on behalf of the United States
toindemnify the owners and operators of said radio stations and
facilities from such funds as may be hereafter appropriated for the
purpose against loss or damage on account of injury to persons or
property arising frim such use of said radio stations and facilities.
PROGRAM)
For payments in foreign currencies which the Treasury Department
determines to be excess to the normal requirements of the United States,
for necessary expenses of the International Communication Agency, as
authorized by law, including Section 804(14) of the United States
Information and Educational Act, as amended (22 U.S.C. 1474),
$9,824,000, to remain available until expended.
BETWEEN EAST AND
To enable the Director of the International Communication Agency to
provide for carrying out the provisions of the Center for Cultural and
Technical Interchange Between East and West Act of 1960, // 22 USC 2054
// by grant to any appropriate recipient in the State of Hawaii,
$13,500,000; Provided, That none of the funds appropriated herein shall
be used to pay any salary, or to enter into any contract providing for
the payment thereof, in excess of the highest rate authorized in the
General Schedule of the Classification Act of 1949, as amended. // 63
Stat. 954. //
For an additional amount for the purchase, rent, construction, and
improvement of facilities for radio transmission and reception, purchase
and installation of necessary equipment for radio transmission and
reception, without regard to the provisions of the Act of June 30, 1932
(40 U.S.C. 27a), and acquisition of land and interests in land by
purchase, lease, rental, or otherwise, $19,685,000, to remain available
until expended: Provided, That this appropriation shall be available
for acquisition of land outside the continental United States without
regard to section 355 of the Revised Statutes (40 U.S.C. 255) and title
to any land so acquired shall be approved by the Director of the
International Communication Agency.
For necessary expenses of the International Trade Commission,
including hire of passenger motor vehicles and services as authorized by
5 U.S.C. 3109, $12,950,000.
For expenses of the Japan-United States Friendship Commission as
authorized by Public Law 94 - 118, as amended, // 22 USC 2901 // from
the interest earned on the Japan-United States Friendship Trust Fund,
$1,500,000, to remain available until expended; and an amount of
Japanese currency not to exceed the equivalent of $1,000,000 based on
exchange rtes at the time of payment of such amounts, to remain
available until expended: Provided, That not to exceed a total of
$2,000 of such amounts shall be available for official reception and
representation expenses.
For payment to the Legal Services Corporation to carry out the
purposes of the Legal Services Corporation Act of 1974, as amended, //
42 USC 2996 // $270,000,000: Provided, That no part of this
appropriation shall be used for publicity or propaganda purposes
designed to suport or defeat legislation pending before Congress or any
State Legislature.
For necessary expenses of the Marine Mammal Commission as authorized
by title II of Public Law 92 - 522, as amended, $702,000. // 16 USC
1401. //
NEGOTIATIONS
For expenses necessary for the Office of the Special Representative
for Trade Negotiations, including hire of passenger motor vehicles, and
services as authorized by 5 U.S.C. 3109,$2,665,000: Provided, That not
to exceed $15,000 shall be available for official reception and
representation expenses.
For necessary expenses of the Commission on Global Hunger and
Malnutrition, including services as authorized by 5 U.S.C. 3109,
$1,300,000.
For necessary expenses of the Renegotiation Board, including
termination or cessation of the activities of the Board, and including
hire of passenger motor vehicles and services as authorized by 5 U.S.C.
3109, $5,260,000, to be available only until March 31, 1979: Provided,
That all property (including records) of the Board shall be transferred
to and Adminstrator, General Services Administration, upon cessation of
the Board's activities, or on March 31, 1979, whichever first occurs.
For necessary expenses for the Securities and Exchange Commission,
including services as authorized by 5 U.S.C. 3109, and not to exceed
$2,000 for official reception and representation expenses, $64,650,000.
For necessary expenses, not otherwises provided for, of the Small
Business Administration, including hire of passenger motor vehicles, not
exceed $1,500 for official reception and reprsentation expenses,
$187,000,000, and in addition $12,000,000 for disaster loanmaking
activities shall ce transferred to this appropriation frim the "
Disaster Loan Fund": Provided, That no part of this appropriation shall
be used to fund any small business development center or university
business development center pilot program, or any combination thereof,in
any State in excess of $300,000 per State until enactment into law of
H.R. 11445, or similar legislation.
For necessary expenses of the White House Conference on Small
Business $4,000,000, to remain available until expended.
The Small Business Administration is hereby authorized authorized to
make such expenditures, within the limits of funds and borrowing
authority available to the following funds, and in accord with the law,
and to make such contracts and commitments without regard to fiscal year
limitations as provided by section 104 of the Government Corporation
Control Act, as amended, // 31 USC 849. // as may be necessary in
carrying out the programs set forth in the budget for the current fiscal
year for the " Sisaster loan fund", the " Business loan and investment
fund", the " Lease guarantees revolving fund", the " Pollution control
equipment contract guarantees revolving fund" and the " Surety bond
guarantees revolving fund".
For additional capital for the " Business loan and investment fund",
authorized by the Small Business Act, as amended, // 15 USC 633. //
$520,500,000, to remain available without fiscal year limitation.
For additional capital for the " Disaster loan fund", authorized by
the Small Business Act, as amended, $230,000,000, to remain available
without fiscal year limitation.
For additional capital for the " Lease Guarantees Revoling Fund"
authroized by the Small Business Investment Act, as amended', // 15 USC
694. // $4,000,000, to remain available without fiscal year limitation.
For additional capital for the " Surety Bond Guarantees Revolving
Fund", authorized by the Small Business Investment Act, as amended,
$35,000,000, to remain available without fiscal year limitation.
For expenses necessary to carry out the provisions of the Metric
Concersion Act of 1975 (15 U.S.C. 205), $1,575,000.
Sec. 601. No part of any appropriation contained in this Act shall
be used for publicity or propaganda purposes not authorized by the
Congress.
Sec. 602. No part of any appropriation contained in this Act shall
be used to administer any program which is funded in whole or in part
from foreign currencies or credits for which a specific dollar
appropriation therefor has not been made.
Sec. 603. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 604. None of the funds appropriated or otherwise made available
in this Act shall be obligated or expended to make a commitment to
provide any reparations, aid, or credits to Vietnam, Cambodia, or Laos.
Sec. 605. It is the sense of the Congress that--,
(1) the Government of the United States should give special
consideration to the plight of refugees from Democratic Kampuchea
(Cambodia) in view of the magnitude and severity of the violations of
human rights committed by the Government of Democratic Kampuchea
(Cambodia); and
(2) the Attorney General should exercise his authority under
section 212(d) of the Immigration and Nationality Act
// 8 USC 1182. // to
parole into the United States--, (A) for the fiscal year 1979,
7,500 aliens who are nationals
or citizens of Democratic Kampuchea (Cambodia) and who
are applying for admission to the United States; and
(B) for the fiscal year 1980, 7,500 such aliens.
Sec. 606. None of the funds appropriated or otherwise made available
by this Act shall be available for the Advisory Committee on the Bureau
of the Census or for any other advisory committee to the Deparement of
Commerce which would perform similar duties and responsibilities, other
than a committee which has, before July 1, 1978, filed a charter in
accordance with section 9 of the Federal Advisory Committee Act.
This Act may be cited as the " Departments of State, Justice, and
Commerce, the Judiciary, and Related Agencies Appropriation Act, 1979".
Approved October 10, 1978.
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 95 - 1253 (Comm. on Appropriations) and No. 95 -
1565 (Comm. of Conference).
SENATE REPORT No. 95 - 1043 (Comm. on Appropriations).
CONGRESSIONAL RECORD. Vol. 124 (1978):
June 12,14, considered and passed House.
Aug. 3,7, considered and passed Senate, amended.
Sept. 28, House agreed to conference report; receded and
concurred in certain Senate amendments, receded and concurred in
others with amendment.
Sept. 29, House receded and concurred in Senate amendment No.
9; receded and concurred in Senate amendment No. 123, with
amendment.
Sept. 30. Senate agreed to confernce report; concurred in
House amendments.
WEEKLY COMPILATION OF PRESIDENTIAL DOCMENTS, Vol. 14. No. 41:
Oct. 10. Presidential statement.
PUBLIC LAW 95-430, 92 STAT. 1020
United States International
Trade Commission for fiscal year 1979.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That subsection (e) of
section 330 of the Tariff Act of 1930 (19 U.S.C. 1330 (e)) is amended--,
(1) by striking paragraph (2) thereof; and
(2) by adding new paragraph (2), as follows:
"(2) There are authorized to be appropriated to the Commission for
necessary expenses for fiscal year 1979 an amount not to exceed
$12,963,000.".
Approved October 10, 1978.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 1060 (Comm. on Ways and Means).
SENATE REPORT No. 95 - 914 (Comm. on Finance).
CONGRESSIONAL RECORD, Vol. 124 (1978):
May 15, considered and passed House.
June 28, considered and passed Senate, amended.
Sept. 19, House concurred in Senate amendment with an
amendment.
Sept. 28, Senate concurred in House amendment.
PUBLIC LAW 95-429, 92 STAT. 1001, TREASURY, POSTAL SERVICE, and
GENERAL GOVERNMENT APPROPRIATIONS ACT, 1979
United States Postal
Service, the Executive Office of the President, and
certain Independent Agencies,
for the fiscal year ending September 30, 1979, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for the Treasury Department, the United States Postal
Service, the Executive Office of the President, and certain Independent
Agencies, for the fiscal year ending September 30, 1979, and for other
purposes, namely:
For necessary expenses of the Office of the Secretary, including the
operation and maintenance of the Treasury Building and Annex therof;
hire of passenger motor vehicles; and not to exceed $15,000 for
official reception and representation expenses; $31,300,000 of which
not to exceed $100,000 shall be available for unforeseen emergencies of
a confidential character, to be allocated and expended under the
direction of the Secretary of the Treasury and to be accounted for
solely on his certificate, and of which $1,190,000 shall be for repairs
and improvements to Treasury buildings and shall remain available until
expended.
For necessary expenses of the Federal Law Enforcement Training
Center, including purchase (not to exceed eight for police-type use) and
hire of passenger motor vehicles; not to exceed $60,000 for expenses
for student athletic and related activities; participation in firearms
matches; repair; and services as authorized by 5 U.S.C. 3109;
$15,000,000.
For necessary expenses of the Bureau of Government Financial
Operations, $717,000,000.
For necessary expenses of the Bureau of Alcohol, Tobacco and Firearms
including purchase of (not to exceed three hundred and fifty of which
three hundred shall be for replacement only, for police-type use), and
hire of passenger motor vehicles; hire of aircraft; and services of
expert witnesses at such rates as may be determined by the Director;
$131,322,000: Provided, That no funds appropriated herein shall be
available for administrative expenses in connection with consolidating
or centralizing within the Department of the Treasury the records of
receipt and disposition of firearms maintained by Federal firearms
licensees or for issuing or carrying out any provisions of the proposed
rules of the Department of Treasury, Bureau of Alcohol, Tobacco and
Firearms, on Firearms Regulations, as published in the Federal Register,
volume 43, number 55, of March 21, 1978.
For necessary expenses of the United States Customs Service,
including purchase of four hundred and ninety-seven passenger motore
vehicles for replacement only, including four hundred and eighty-seven
for police-type use; acquistion (purchase of three), operation, and
maintenance of aircraft; hire of passenger motor vehicles and aircraft;
and awards of compensation to informers as authorized by the Act of
August 13, 1954 (22 U.S.C. 401); $430,600,000, of which not to exceed
$150,000 shall be available for payment for rental space in connection
with preclearance operations; and of which not to exceed $600,000 for
research shall remain available until expended.
For necessary expenses of the Bureau of the Mint, including not to
exceed $2,500 for the expenses of the annual assay commission;
$43,000,000.
For necessary expenses connected with any public-debt issues of the
United States, $183,000,000.
For necessary expenses of the Internal Revenue Service, not otherwise
provided for, including executive direction, management services, and
centrally directed legal, technical, and internal audit and security
operations; including purchase (not to exceed seventy for replacement
only, for police-type use) and hire of passenger motor vehicles (31
U.S.C. 638a(a)); and services as authorized by 5 U.S.C. 3109 at such
rates as may be determined by the Commissioner; $135,000,000.
For necessary expenses of the Internal Revenue Service for processing
tax returns; revenue accounting; providing assistance to taxpayers;
statistical reporting; and hire of passenger motor vehicles (31 U.S.C.
638a(a)); $694,500,000.
For necessary expenses of the Internal Revenue Service for
determining and establishing tax liabilities; and hire of passenger
motor vehicles; and services as authorized by 5 U.S.C. 3109 at such
rates as may be determined by the Commissioner; $758,000,000.
For necessary expenses of the Internal Revenue Service for
investigation and enforcement activities; including purchase (not to
exceed three hundred and ninety-five for replacement only, for
police-type use) and hire of passenger motor vehicles (31 U.S.C. 638a(
a)); securing unfiled returns; collecting unpaid accounts; employee
plans; exempt organizations; and services as authorized by 5 U.S.C.
3109 at such rates as may be determined by the Commissioner;
$458,700,000.
Sec. 1. Not to exceed one per centum of any appropriation made
available to the Internal Revenue Service for the current fiscal year by
this Act may be transferred to any other Internal Revenue Service
appropriation: Provided, That such transfers shall not exceed in the
aggregate the amount of $5,000,000.
For necessary expenses for the operation of the United States Secret
Service, including purchase (not to exceed two hundred and twelve for
police-type use for replacement only) and hire of passenger motor
vehicles; hire of aircraft; training and assistance requested by State
and local governments which may be provided without reimbursement;
rental of buildings in the District of Columbia, and fencing, lighting,
guard booths and other facilities on private or other property not in
Government ownership or control as may be necessary to perform
protective functions; and the conducting and participation in firearm
matches; $134,800,000, of which not to exceed $2,000,000 shall remain
available until expended, for payments to State and local governments
for protection of permanent and observer foreign diplomatic missions,
pursuant to Public Law 94 - 196. // 3 USC 202, 208. //
Sec. 101. Appropriations in this Act to the Treasury Department shall
be available for uniforms or allowances therefor, as authorized by law
(5 U.S.C. 5901 - 2) including maintenace, repairs, and cleaning;
purchase of insurance for official motor vehicles operated in foreign
countries; entering into contracts with the Department of State for the
furnishing of health and medical services to employees and their
dependents serving in foreign countries; and services as authorized by
5 U.S.C. 3109.
This title may be cited as the " Treasury Department Appropriations
Act, 1979".
For payment to the Postal Service Fund for public service costs and
for revenue foregone on free and reduced rate mail, pursuant to 39 U.S.
C. 2401 (b) and (c), and for meeting theliabilities of the former Post
Office Department to the Employees" Compensation Fund and to postal
employees for earned and unused annual leave as of June 30, 1971,
pursuant to 39 U.S.C. 2004, $1,785,176,000.
This title may be cited as the " Postal Service Appropriation Act,
1979".
For compensation of the President, including an expense allowance at
the rate of $50,000 per annum as authorized by 3 U.S.C. 102, $250,000.
For expenses necessary for the Office of Administration, $7,279,000,
including hire of passenger motor vehicles.
For expenses necessary for the White House Office as authorized by
law, including not to exceed $3,850,000 for services authorized by 5 U.
S.C. 3109, at such per diem rates for individuals as the President may
specify and other personal services without regard to the provisions of
law regulating the employment and compensation of persons in the
Government service; hire of passenger motor vehicles, newspapers,
periodicals, teletype news service, and travel (not to exceed $100,000
to be accounted for solely on the certificate of the President); and
not to exceed $12,000 for official entertainment expenses, to be
available for allocation within the Executive Office of the President;
$16,711,000.
For the care, maintenance, repair and alteration, refurnishing,
improvement, heating and lighting, including electric power and
fixtures, of the Executive Residence, to be expended as the President
may determine, notwithstanding the provisions of this or any other Act,
and official entertainment expenses of the President to be accounted for
solely on his certificate, $2,575,000.
For the care, maintenance, repair and alteration, furnishing,
improvement, heating and lighting, including electric power and
fixtures, of the official residence of the Vice President, and for
official entertainment expenses of the Vice President, to be accounted
for solely on his certificate, $129,000: Provided, That advances or
repayments or transfers from this appropriation may be made to any
department or agency for expenses of carrying out such activities.
For expenses necessary to enable the Vice President to provide
assistance to the President in connection with specially assigned
functions, services as authorized by 5 U.S.C. 3109, but at rates for
individuals not to exceed the per diem equivalent of the rate for grade
GS-18, compensation for one position at a rate not to exceed the rate of
level II of the Executive Schedule, and other personal services without
regard to the provisions of law regulating the employment and
compensation of persons in the Government service, including hire of
passenger motor vehicles, $1,280,000.
For necessary expenses of the Council on carrying out its functions
under the Employment Act of 1946 (15 U.S.C. 1021), $2,042,000.
For expenses necessary for the Council on Wage and Price Stability as
authorized by the Council on Wage and Price Stability Act of 1974
(Public Law 93 - 387 as amended by Public Law 94 - 78 and Public Law 95
- 121), // 12 USC 1904 // $1,753,000.
For necessary expenses of the Domestic Policy Staff, including
services as authorized by 5 U.S.C. 3109, but at rates for individuals
not to exceed the per diem equivalent of the rate for grade GS-18; and
other personal services without regard to the provisions of law
regulating the employment and compensation of persons in the Government
service; $2,500,000.
For expenses necessary for the National Security Council, including
services as authorized by 5 U.S.C. 3109, $3,400,000.
For expenses necessary for the Office of Management and Budget,
including hire of passenger motor vehicles, services as authorized by 5
U.S.C. 3109, and not to exceed $2,500 for official reception and
representation expenses, $28,200,000.
For expenses of the Office of Federal Procurement Policy, including
services as authorized by 5 U.S.C. 3109, $3,000,000.
For expenses necessary to enable the President to meet unanticipated
needs, in furtherance of the national interest, security, or defense
which may arise at home or abroad during the current fiscal year, and to
pay administrative expenses (including personnel, in his discretion and
without regard to any provisions of law regulating employment and pay of
persons in the government service or regulating expenditures of
government funds) incurred with respect thereto, $1,000,000.
This title may be cited as the " Executive Office Appropriations Act,
1979".
For necessary expenses of the Administrative Conference of the United
States, established by the Administrative Conference Act, as amended (5
U.S.C. 571 et seq.), $1,062,000.
For expenses necessary to carry out the provisions of the Act of
September 24, 1959, // 42 USC 4271. // as amended (73 Stat. 703 - 706),
$1,659,000.
For necessary expenses of the Advisory Committee on Federal Pay,
established by 5 U.S.C. 5306, $232,000.
For necessary expenses, including services as authorized by 5 U.S.C.
3109; medical examinations performed for veterans by private physicians
on a fee basis; rental of conference rooms in the District of Columbia;
hire of passenger motor vehicles; not to exceed $2,500 for official
reception and representation expenses; and advances or reimbursements
to applicable funds of the Commission and the Federal Bureau of
Investigation for expenses incurred under Executive Order 10422 of
January 9, 1953, as amended; // 22 USC 287 // $120,500,000 together
with not to exceed $32,275,000 for current fiscal year administative
expenses for the retirement and insurance programs to be transferred
from the appropriate trust funds of the Commission in amounts determined
by the Commission without regard to other statutes: Provided, That the
provisions of the appropriation shall not affect the authority to use
applicable trust funds for administrative expenses of effecting
statutory annuity adjustments. No part of the appropriation herein made
to the Civil Service Commission shall be available for the salaries and
expenses of the Legal Examining Unit of the Commission, established
pursuant to the Executive Order 9358 of July 1, 1943, // 3 CFR 1943 -
1948 // or any successor unit of like purpose.
For payment of Government contributions with respect to retired
employees, as authorized by chapter 89 of title 5, United States Code,
// 5 USC 8901 // and the Retired Federal Employees Health Benefit Act
(74 Stat. 849), as amended, $606,035,000, to remain available until
expended.
FUND
For financing the unfunded liability of new increased annuity
benefits becoming effective on or after October 20, 1969, as authorized
by 5 U.S.C. 8348, and annuities under special acts, to be credited to
the Civil Service retirement and disability funds, $2,105,283,000:
Provided, That annuities authorized by the Act of May 29, 1944, as
amended (2 C.Z.C. 181), and the Act of August 19, 1950, as amended (33
U.S.C. 771 - 775), may hereafter be paid out of the Civil Service
retirement and disability fund.
For expenses necessary to carry out functions of the Civil Service
Commission under Executive Order No. 11491 of October 29, 1969, as
amended, $1,787,000: Provided, That public members of the Federal
Service Impasses Panel may be paid travel expenses per diem in lieu of
subsistence, as authorized by law (5 U.S.C. 5703) for persons eemployed
intermittently in the Government Service, and compensation as authorized
by 5 U.S.C. 3109.
For grants to improve State and local personnel administration as
authorized by the Intergovernmental Personnel Act of 1970, // 42 USC
4701 // $20,000,000, to remain available until expended.
SEVERELY
HANDICAPPED
For expenses necessary for the Committee for Purchase From the Blind
and Other Severely Handicapped established by the Act of June 23, 1971,
Public Law 92 - 28, // 41 USC 46. // including hire of passenger motor
vehicles, $441,000.
For expenses necessary to carry out the provisions of the Federal
Election Campaign Act Amendments of 1976, // 2 USC 431 // $8,000,000, of
which $750,000 shall be available only for activities, including
contract support, of the National Clearinghouse of the Federal Election
Commission.
PROPERTY
Not to exceed $7,549,000 of any proceeds received by the General
Services Administration during the current fiscal year from transfers of
excess property and the disposal of surplus real and related personal
property shall be deposited to this appropriation, and shall be
available for necessary expenses in carrying out surplus property
functions, pursuant to the Land and Water Conservation Act of 1965, as
amended ( 16 U.S.C. 460 1 - 5 ). // 16 USC 4601-4 //
For additional expenses necessary to carry out the purposes of the
fund established pursuant to section 210 (f) of the Federal Property and
Administrative Services Act of 1949, as amended (40 U.S.C. 490 (f)),
$21,150,000 to be deposited into said fund. The revenues and
collections deposited into said fund shall be available for necessary
expenses of real property management and related activities not
otherwise provided for, including operation, maintenance, and protection
of federally owned and leased buildings; rental of buildings in the
District of Columbia; restoration of leased premises; moving
Government agencies (including space adjustments) in connection with the
assignment, allocation and transfer of space; contractual services
incident to cleaning or servicing buildings and moving; repair and
alteration of federally owned buildings, including grounds, approaches
and appurtenances; care and safeguarding of sites; maintenance,
preservation, demolition, and equipment; acquisition of buildings and
sites by purchase, condemnation, or as otherwise authorized by law;
conversion and extension of federally owned buildings; preliminary
planning and design of projects by contract or otherwise; construction
of new buildings (including equipment for such buildings); and payment
of principal, interest, taxes, and any other obligations for public
buildings acquired by purchase contract: in the aggregate amount of
$1,460,962,000, of which (1) not to exceed $113.978,000 shall remain
available until expended for construction of additional projects as
authorized by law at locations and at maximum construction improvement
costs (including funds for sites and expenses) as follows: New
Construction:
Arkansas:
Little Rock, Post Office and Courthouse (Extension), $2,794,000
and Acquisition and Improvements of United States Postal Service
Properties, $14,836,000
Georgia:
Savannah, Federal Office Building and Parking Facility,
$21,150,000
Massachusetts:
Boston, Federal Office Building, $75,198,000:
Provided, That the immediately foregoing limits costs may be exceeded to
the extent that savings are effected in other such projects, but by not
to exceed 10 per cetum: (2) not to exceed $200,000,000, which shall
remain available until expended, for alterations and major repairs; (3)
not to exceed $100,473,000 for payment on purchase contracts entered
into prior to July 1, 1975; (4) not to exceed $506,137,000 for rental
of space; (5) not to exceed $472,874,000 for real property operations;
and (6) not to exceed $67,500,000 for program direction and centralized
services: Provided further, That for the purposes of this
authorization, buildings constructed pursuant to the Public Buildings
Purchase Contract Act of 1954, (40 U.S.C. 356), the Public Buildings
Amendments of 1972 (40 U.S.C. 490), and buildings under the control of
another department or agency where alterations of such buildings are
required in connection with the moving of such other department or
agency from buildings then, or thereafter to be, under the control of
General Services Administration shall be considered to be federally
owned buildings: Provided further, That amounts necessary to provide
reimbursable special services to other agencies under section 210 (f)
(6) of the Federal Property and Administrative Services Act of 1949, as
amended (40 U.S.C. 490 (f) (6)) and amounts to provide such reimbursable
fencing, lighting, guard booths, and other facilities on private or
other property not in Government ownership or control as may be
appropriate to enable the United States Secret Service to perform its
protective functions pursuant to 18 u.s.c. 3056, as amended, shall be
available from such revenues and collections: Provided further, That
$2,000,000 authorized herein for as a gift from the Commonwealth of
Massachusetts pursuant to Chapter 298 of the 1976 Acts of the
legislature of the Commonwealth shall accrue to the fund, and not to
exceed $2,000,000 authorized herein for alterations and major repairs of
public buildings shall be available in advance receipt of said gift to
be applied for the purpose of the gift: Provided further, That any
revenues and collections and any other sums accruing to this fund during
fiscal year 1979, excluding reimbursements under section 210 (f) (6) of
the Federal Property and Administrative Services Act of 1949 (40 U.S.C.
490 (f) (6)), in excess of $1,460,962,000, shall remain in the Fund and
shall not be available for expenditure except as authorized in
appropriation Acts.
For expenses, not otherwise provided for, necessary for supply
distribution (including contractual services incident to receiving,
handling and shipping supply items), procurement, inspection,
standardization, and supply management activities as authorized by law,
transportation, public utilities, the utilization of excess property,
the disposal of surplus property, the rehabilitation of personal
property, the national stockpile established by the Strategic and
Critical Materials Stock Piling Act (50 U.S.C. 98-98h), the supplemental
stockpile established by section 104 (b) of the Agricultural Trade
Development and Assistance Act of 1954 (68 Stat. 456,as amended by 73
Stat. 607) // 7 USC 1704. // and the inventory maintained under the
Defense Production Act of 1950, as amended (50 U. S.C. 2061 - 2166),
including services as authorized by 5 U.S.C. 3109; $165,350,000:
Provided, That during the current fiscal year the General Services
Administration is authorized to acquire leasehold interests in property,
for periods not in excess of twenty years, for the storage, security,
and maintenance of strategic, critical, and other materials in the
national and supplemental stockpiles, provided said leasehold interests
are at nominal cost to the Government: Provided further, That during
the current fiscal year there shall be no limitation on the value of
surplus strategic and critical materials which, in accordance with
section 6 of the Strategic and Critical Materials Stock Piling Act (50
U.S.C. 98e), may be transferred without reimbursement to the national
stockpile: Provided further, That during the current fiscal year
materials in the inventory maintained under the Defense Production Act
of 1950, as amended (50 U.S.C. App. 2061 - 2166), and excess materials
in the national stockpile and supplemental stockpile, the disposition of
which is authorized by law, shall be available, without reimbursement,
for transfer at fair market value to contractors as payment for expenses
(including transportation and other accessorial expenses) of acquisition
of materials, or of refining, processing, or otherwise beneficiating
materials, or of rotating materials, pursuant to section 3 of the
Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98b), and
of processing and refining materials pursuant to section 303 (d) of the
Defense Production Act of 1950, as amended (50 U.S.C. App. 2093 (d)).
For necessary expenses in connection with Federal records management
and related activities, as provided by law, including reimbursement for
security guard services, contractual services incident to movement or
disposal of records, and acceptance and utilization of voluntary and
uncompensated services, $74,000,000, of which $4,000,000 for allocations
and grants for historical publications and records as authorized by 44
U.S.C. 2504, as amended, shall remain available until expended.
For expenses necessary for the review and declassification of
documents, and related records management activities, pursuant to 44 U.
S.C. 2104, 2108, and 2904 and implementing provisions of Executive Order
11652, // 50 USC 401 // directives issued pursuant thereto, and other
applicable authorities, including expenses not otherwise provided for,
and acceptance and utilization of voluntary and uncompensated services,
$1,565,000.
For expenses, not otherwise provided for, necessary for carrying out
Government-wide responsibilities relating to automated data management,
telecommunications and related activities, as authorized by law,
including services as authorized by 5 U.S.C. 3109, $8,500,000.
For expenses necessary for emergency preparedness functions,
including activities authorized by 50 U.S.C. 404 (b) (3), and 50 U.S.C.
App. 2251 - 2297, and the Strategic and Critical Materials Stock Piling
Act (50 U.S.C. 98-98h), section 104 (b) of the Agriculture Trade
Development and Assistance Act of 1954 (68 Stat. 456, as amended by 73
Stat. 607), and the Defense Production Act of 1950, as amended (50 U.S.
C. 2061 - 2166), including services as authorized by 5 U.S.C. 3109 and
expenses of attendance of cooperating officials and individuals at
meetings concerned with the work of emergency planning, and the
provisions of transportation in connection with the continuity of
Government program, to the same extent and in the same manner as
permitted the Secretary of a military department under 10 U.S.C. 2632,
$39,245,000.
For expenses of general management and agency operations of
activities under the control of the General Services Administration,
$14,800,000: Provided, That not to exceed $2,500 shall be available for
reception and representation expenses.
For expenses necessary to provide accounting, records management, and
other support incident to adjudication of Indian Tribal claims by the
United States Court of Claims, $2,600,000: Provided, That none of these
funds shall be available for transfer to any other account.
For carrying out the provisions of the Act of August 25, 1958, as
amended (3 U.S.C. 102 note), and Public Law 95 - 138, $771,000:
Provided, That the Administrator of General Services shall transfer to
the Secretary of the Treasury such sums as may be necessary to carry out
the provisions of such Acts.
For administrative expenses necessary in providing general
administrative and staff support services within the General Services
Administration, not otherwise provided for, $90,000,000: Provided, That
this appropriation shall be available, subject to reimbursement by the
applicable agency, for services performed for other agencies pursuant to
section 601 of the Economy Act of 1932, as amended (31 U.S. C. 686).
Sec. 1. The appropriate appropriation or fund available to the
General Services Administration shall be credited with (1) cost of
operation, protection, maintenance, upkeep, repair, and improvement,
included as part of rentals received from Government corporations
pursuant to law (40 U.S.C.129); and (2) appropriations or funds
available to other agencies, and transferred to the General Services
Administration, in connection with property transferred to the General
Services Administration pursuant to the Act of July 2, 1948 50 U.S.C.
451ff), and such appropriations or funds may be so transferred, with the
approval of the Office of Management and Budget.
Sec.2. Funds available to the General Services Administration shall
be available for the hire of passenger motor vehicles.
Sec.3. None of the funds available under this Act or under section
111 of the Federal Property and Administrative Services Act of 1949
shall be obligated or expended for the procurement by purchase, lease or
any other arrangement, in whole or in part, of any or all the automatic
data processing system, data communications network, or related software
and services for the joint General Services Administration Department of
Agriculture MCS project 97 - 72 contained in the Request for Proposal
CDPA 74 - 14, any successor to such project, or any other common user
shared facilities authorized under section 111 of the Federal Property
and Administrative Services Act of 1949. // 40 USC 759 //
For necessary expenses, including contract reporting and other
services as authorized by 5 U.S.C. 3109, // 26 USC 7443 // $8,715,000:
Provided, That travel expenses of the judges shall be paid upon the
written certificate of the judge.
For expenses, not otherwise provided for, necessary for carrying out
civil defense activities including the hire of motor vehicles; and
financial contributions to the States for civil defense purposes, as
authorized by law; $77,000,000: Provided, That not to exceed
$35,000,000 shall be available for allocation under section 205 of the
Federal Defense Act of 1950, // 50 USC app. 2286. // as amended.
For expenses, not otherwise provided for, necessary for studies and
research to develop measures and plans for civil defense; continuing
shelter surveys, marking, and equipping surveyed spaces; and financial
contributions to the States under section 201 (i) of the Federal Civil
Defense Act, // 50 USC app. 2281 // which shall be equally matched, for
emergency operating centers and civil defense equipment; $19,500,000.
Sec. 1. Appropriations contained in this Act for carrying out civil
defense activities shall not be available in excess of the limitations
on appropriations contained in section 408 of the Federal Civil Defense
Act, as amended (50 U.S.C. app. 2260).
Sec. 2. No part of any appropriation in this Act shall be available
for the construction of warehouses or for the lease of warehouse space
in any building which is to be constructed specifically for civil
defense activities.
This title may be cited as the " Independent Agencies Appropriations
Act, 1979".
Sec. 501. Where appropriations in this Act are expendable for travel
expenses of employees and no specific limitation has been placed theron,
the expenditures for such travel expenses may not exceed the amount set
forth therefor in the budget estimates submitted for the appropriations:
Provided, That this section shall not apply to travel performed by
uncompensated officials of local boards and appeal boards of the
Selective Service System; to travel performed directly in connection
with care and treatment of the medical beneficiaries of the Veterans
Administration; or to payments to interagency motor pools where
separately set forth in the budget schedules.
Sec. 502. No part of any appropriation contained in this Act shall be
available to pay the salary of any person filling a position, other than
a temporary position, formerly held by an employee who has left to enter
the Armed Forces of the United States and has satisfactorily completed
his period of active military of naval service and has within ninety
days after his release from such service or from hospitalization
continuing after discharge for a period of not more than one year made
application for restoration to his former position and has been
certified by the Civil Service Commission as still qualified to perform
the duties of his former position and has not been restored thereto.
Sec. 503. No part of any appropriation made available in this Act
shall be used for the purchase or sale of real estate or for the purpose
of establishing new offices inside or outside the District of Columbia:
Provided, That this limitation shall not apply to programs which have
been approved by the Congress and appropriations made therefor.
Sec. 504. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 505. No part of any appropriation contained in this Act shall be
available for the procurement of or for the payment of the salary of any
person engaged in the procurement of any hand or measuring tool(s) not
produced in the United States or its possessions except to the extent
that the Administrator of General Services or his designee shall
determine that a satisfactory quality and sufficient quantity of hand or
measuring tools produced in the United States or its possessions cannot
be procured as and when needed from sources in the United States and its
possessions or except in accordance with procedures prescribed by
section 6-104.4 (b) // 32 CFR 6.104-4. // of Armed Services Procurement
Regulation dated January 1, 1969, as such regulation existed on June 15,
1970. This section shall be applicable to all solicitations for bids
opened after its enactment.
Sec. 506. No part of any appropriation contained in this Act shall be
available for the procurement of, or for the payment of, the salary of
any person engaged in the procurement of stainless steel flatware not
produced in the United States or its possessions, except to the extent
that the Administrator of General Services or his designee shall
determine that a satisfactory quality and sufficient quantity of
stainless steel flatware produced in the United States or its
possessions, cannot be procured as and when needed from sources in the
United States and its possessions, or except in accordance with
procedures provided by section 6-104.4 (b) of Armed Services Procurement
Regulation, dated January 1, 1969. This section shall be applicable to
all solicitations for bids issued after its enactment.
Sec. 507. None of the funds available under this Act shall be
available for administrative expenses in connection with the transfer of
any functions, personnel, facilities, equipment, or funds out of the
United States Custom Service unless such transfers have been
specifically authorized by the Congress.
Sec. 508. None of the funds available under this Act shall be
available for administrative expenses for the purpose of transferring
the border control activities of the United States Customs Service to
any other agency of the Federal Government.
Sec. 601. Unless otherwise specifically provided the maximum amount
allowable during the current fiscal year in accordance with section 16
of the Act of August 2, 1946 (60 Stat. 810), // 31 USC 638c. // for the
purchase of any passenger motor vehicle (exclusive of buses and
ambulances), is hereby fixed at $3,400 except station wagons for which
the maximum shall be $3,800: Provided, That these limits may be
exceeded by not to exceed $1,700 for police-type vehicles, and by not to
exceed $3,600 for special heavy-duty vehicles.
Sec. 602. Unless otherwise specified and during the current fiscal
year no part of any appropriation contained in this or any other Act
shall be used to pay the compensation of any officer or employee of the
Government of the United States (including any agency the majority of
the stock of which is owned by the Government of the United States)
whose post of duty is in continental United States unless such person
(1) is a citizen of the United States, (2) is a person in the service of
the United States on the date of enactment of this Act, who, being
eligible for citizenship, has filed a declaration of intention to become
a citizen of the United States prior to such date and is actually
residing in the United States, (3) is a person who owes allegiance to
the United States, (4) is an alien from Cuba, Poland, South Vietnam, or
the Baltic countries lawfully admitted to the United States for
permanent residence, or (5) South Vietnamese, Cambodian and Laotian
refugees paroled into the United States between January 1, 1975, and the
date of enactment of this Act: Provided, That for the purpose of this
section, an affidavit signed by any such person shall be considered
prima facie evidence that the requirements of this section with respect
to his status have been complied with: Provided, further, That any
person making a false affidavit shall be guilty of a felony, and, upon
conviction, shall be fined not more than $4,000 or imprisoned for not
more than one year, or both: Provided further, That the above
penal-clause shall be in addition to, and not in substitution for any
other provisions of existing law: Provided further, That any payment
made to any officer or employee contrary to the provisions of this
section shall be recoverable in action by the Federal Government. This
section shall not apply to citizens of the Republic of the Philippines
or to nationals of those countries allied with the United States in the
current defense effort, or to temporary employment of translators, or to
temporary employment in the field service (not to exceed sixty days) as
a result of emergencies.
Sec. 603. Appropriations of the executive departments and
independent establishments for the current fiscal year available for
expenses of travel or for the expenses of the activity concerned, are
hereby made available for quarters allowances and cost-of-living
allowances in accordance with 5 U.S.C. 5922 - 5924.
Sec. 604. No part of any appropriation for the current fiscal year
contained in this or any other Act shall be paid to any person for the
filling of any position for which he or she has been nominated after the
Senate has voted not to approve the nomination of said person.
Sec. 605. Funds made available by this or any other Act for
administrative expenses in the current fiscal year of the corporations
and agencies subject to the Government Corporation Control Act, as
amended (31 u.s.c. 841) shall be available, in addition to objects for
which such funds are otherwise available, for rent in the District of
Columbia; services in accordance with 5 u.s.c. 3109; and the objects
specified under this head, all the provisions of which shall be
applicable to the expenditure of such funds unless otherwise specified
in the Act by which they are made available: Provided, That in the
event any functions budgeted as administrative expenses are subsequently
transferred to or paid from other funds the limitations on
administrative expenses shall be correspondingly reduced.
Sec. 606. Pursuant to section 1415 of the Act of July 15, 1952 (66
Stat. 662), foreign credits (including currencies) owed to or owned by
the United States may be used by Federal agencies for any purpose for
which appropriations are made for the current fiscal year (including the
carrying out of Acts requiring or authorizing the use of such credits),
only when reimbursement therefor is made to the Treasury from applicable
appropriations of the agency concerned: Provided, That such credits
received as exchange allowances or proceeds of sales of personal
property may be used in whole or part payment for acquisition of similar
items, to the extent and in the manner authorized by law, without
reimbursement to the Treasury.
Sec. 607. (a) No part of any appropriation contained in this or any
other act, or of the funds available for expenditure by any corporation
or agency, shall be used for publicity or propaganda purposes designed
to support or defeat legislation pending before Congress.
(b) No part of any appropriation contained in this Act shall be
available for the payment of the salary of any officer or employee of
the United States Postal Service, who-,
(1) prohibits or prevents, or attempts or threatens to prohibit or
prevent, any officer or employee of the United States Postal Service
from having any direct oral or written communication or contact with any
Member or committee or Congress in connection with any matter pertaining
to the employment of such officer or employee or pertaining to the
United States Postal Service in any way, irrespective of whether such
communication or contact is at the initiative of such officer or
employee or in response to the request or inquiry of such Member or
committee; or
(2) removes, suspends from duty without pay, demotes, reduces in
rank, seniority, status, pay, or performance or efficiency rating,
denies promotion to, relocates, reassigns, transfers, disciplines, or
discriminates in regard to any employment right, entitlement, or
benefit, or any term or condition of employment of, any officer or
employee of the United States Postal Services, or attempts or threatens
to commit any of the foregoing actions with respect to such officer or
employee, by reason of any communication or contact of such officer or
employee with any Member or committee of Congress as described in
paragraph (1) of this subsection.
Sec. 608. No part of any appropriation contained in this or any
other Act, shall be available to finance interdepartmental boards,
commissions, councils, committees, or similar groups under section 214
of the Independent Offices Appropriations Act, 1946 (31 U.S.C.691) which
do not have prior and specific congressional approval of such method of
financial support.
Sec. 609. Appropriations available to any department or agency
during the current fiscal year for necessary expenses, including
maintenance or operating expenses, shall also be available for payment
to the General Services Adminstration for charges for space and services
and those expenses of renovation and alteration of buildings and
facilities which constitute public improvements, performed in accordance
with the Public Buildings Act of 1959 (73 Stat. 749), // 40 USC 601 //
the Public Buildings Amendments of 1972 (86 Stat. 216), // 40 USC 603 //
or other applicable law.
Sec. 610. Funds made available by this or any other Act to (1) the
General Services Administration, including the fund created by the
Public Buildings Amendments of 1972 (86 Stat. 216), and (2) the " Postal
Service Fund" (39 U.S.C.2003), shall be available for employment of
guards for all buildings and areas owned or occupied by the United
States or the Postal Service and under the charge and control of the
General Services Administration or the Postal Service, and such guards
shall have, with respect to such property, the powers of special
policemen provided by the first section of the Act of June 1, 1948 (62
Stat. 281; 40 U.S.C. 318), but shall not be restricted to certain
Federal property as otherwise required by the proviso contained in said
section, and, as to property owned or occupied by the Postal Service,
the Postmaster General may take the same actions as the Administrator of
General Services may take under the provisions of sections 2 and 3 of
the Act of June 1, 1948 (62 Stat. 281; 40 U.S.C. 318a, 318b) attaching
thereto penal consequences under the authority and within the limits
provided in section 4 of the Act of June 1, 1948 (62 Stat. 281; 40
U.S.C.318C).
Sec. 611. No part of any appropriation contained in, or funds made
available by this or any other Act, shall be available for any agency to
pay to the Administrator of the General Services Administration a higher
rate per square foot for rental of space and services (established
pursuant to section 210(j) of the Federal Property and Administrative
Services Act of 1949, as amended) // 40 USC 492. // than the rate per
square foot established for the space and services by the General
Services Administration for the current fiscal year and for which
appropriations were granted.
Sec. 612. None of the funds available under this or any other Act
shall be available for administrative expenses in connection with the
designation for construction, arranging for financing, or execution of
contracts or agreements for financing or construction of any additional
purchase contract projects pursuant to section 5 of the Public Buildings
Amendments of 1972 (Public Law 92-313) // 40 USC 602a. // during the
period beginning October 1, 1976, and ending September 30, 1979.
Sec. 613. (a) No part of the funds appropriated for the fiscal year
ending September 30, 1979, by this Act or any other Act may be used to
pay the salary or pay of any individual in any office or position in the
legislative, executive, or judicial branch, or in the government of the
District of Columbia, at a rate which exceeds the rate (or maximum rate,
if higher) of salary or basic pay payable for such office or position
for September 30, 1978, if the rate of salary or basic pay for such
office or position is-,
(1) fixed at a rate which is equal to or greater than the rate
of basic pay for level V of the Executive Schedule under section
5316 of title 5, United States Code, or
(2) limited to a maximum rate which is equal to or greater than
the rate of basic pay for such level V (or to a percentage of such
a maximum rate) by reason of section 5308 of title 5, United
States Code, or any other provision of law or congressional
resolution.
(b) For purposes of subsection (a), the rate or maximum rate (as the
case may be) of salary or basic pay payable for September 30, 1978, for
any office or position which was not in existence of such date shall be
deemed to be the rate or maximum rate (as the case may be) of salary or
basic pay payable to individuals in comparable offices or positions for
such date, as determined under regulations prescribed-,
(1) by the President, in the case of any office or position
within the executive branch or in the government of the District
of Columbia;
(2) jointly by the Speaker of the House and the President pro
tempore of the Senate, in the case of any office or position
within the legislative branch; or
(3) by the Chief Justice of the United States, in the case of
any office or position within the judicial branch.
(c) For purposes of administering any provision of law, rule, of
regulation which provides retirement, life insurance, or other employee
benefit, which requires any deduction or contribution, or which imposes
any requirement or limitation, on the basis of a rate of salary or basic
pay, the rate of salary or basic pay payable after the pplication of
this section shall be treated as the rate of salary or basic pay.
Sec. 614. (a) No part of any of the funds appropriated for the
fiscal year ending September 30, 1979, by this Act or any other Act, may
be used to pay the salary or pay of any individual in any office or
position in an amount which exceeds the rate of salary or basic pay
payable for such office or position on September 30, 1978, by more than
5.5 percent, as a result of any adjustments which take effect during
such fiscal year under-,
(1) section 5305 of title 5, United States Code;
(2) any other provision of law if such adjustment is determined
by reference to such section 5305; or
(3) section 5343 of title 5, United States Code, if such
adjustment is granted pursuant to a wage survey (but only with
respect to prevailing rate employees described in section 5342 (a)
(2) (A) of that title).
(b) For the purpose of administering any provision of law, rule, or
regulation which provides premium pay, retirement, life insurance, or
other employee benefit, which requires any deduction or contribution, or
which imposes any requirement or limitation, on the basis of a rate of
salary or basic pay, the rate of salary or basic pay payable after the
application f this section shall be treated as the rate of salary or
basic pay.
This Act may be cited as the " Treasury, Postal Service, and General
Government Appropriations Act, 1979".
Approved October 10, 1978.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 95-1249 (Comm. on Appropriations) and No.
95-1673 (Comm. of Conference).
SENATE REPORT No. 95-939 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 124 (1978):
June 7, considered and passed House.
June 27, considered and passed Senate, amended.
Oct. 4, House and Senate agreed to conference report; resolved
amendments in disagreement.
PUBLIC LAW 95-428, 92 STAT. 999
program, to authorize
appropriations to carry out such program for fiscal
years 1979 and 1980, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the title heading
of title II of the Marine Resources and Engineering Development Act of
1966 (33 U.S.C. 1101 et seq.) is amended to read as follows:
Sec. 2. (a) Section 201 of the National Sea Grant Program Act (33 U.
S.C. 1121 // 33 USC 1121 // is amended by inserting " College"
immediately before " Program".
(b) Sections 202 (a) (3), 203 (3), 204, and 211 // 33 USC 1121 -
1123, 1130. // are each amended by striking out "national sea grant
program" each place it appears therein and inserting in lieu thereof
"national sea grant college program".
(c) The section heading of such section 204 is amended to read as
follows:
" Sec. 204. NATIONAL SEA GRANT COLLEGE PROGRAM."
Sec. 3. The National Sea Grant College Program Act (as redesignated
by section 2 of this Act) (33 U.S.C. 1121 - 1131) is amended--,
(1) by amending section 204(d)--,
// 33 USC 1123. //
"(6) accept funds from other Federal departments, agencies
(including agencies within the Administration), and
instrumentalities to pay for grants made, and contracts entered
into, by the Secretary under section 205(a);
// 33 USC 1124. // and";
(2) by striking out the period at the end of the last sentence
of section 205 (a) and inserting in lieu thereof the following:";
except that this limitation shall not apply in the case of grants
or contracts paid for with funds accepted by the Secretary under
section 204 (d) (6).";
// 33 USC 1123. //
(3) by amending the first sentence of section 206 (c)
// 33 USC 1125. //
to read as
fol follows: " There are authorized to be appropriated for purposes of
carrying this section not to exceed the following amounts:
"(1) $5,000,000 for each of fiscal years 1977, 1978, and 1979.
"(2) $7,000,000 for fiscal year 1980.";
(4) by amending section 211--,
// 33 USC 1130. //
"(a) BIENNIAL REPORT.-- The Secretary shall submit to the Congress
and the President, not later than February 15, 1980, and not later than
February 15 of every even-numbered year thereafter, a report on the
activities of, and the outlook for, the national sea grant program.";
and
read
as follows: " Such material shall be submitted to the
Secretary
not later than February 1 of the year in which the
report
concerned is to be submitted under subsection (a), and
the
Secretary shall cause it to be published as a separate
section
in such report."; and
(5) by amending the first sentence in section 212
// 33 USC 1131. //
to read as follows:
" There are authorized to be appropriated for purposes of carrying out
the provisions of this title // 33 USC 1125. // (other than section
206) not to exceed the following amounts:
"(1) $50,000,000 for each of fiscal years 1977 and 1978.
"(2) $55,000,000 for each fiscal years 1979 and 1980.".
Sec. 4. Section 3 of the Sea Grant Program Improvement Act of 1976
(33 U.S.C. 1124a) is amended--,
(1) by striking out " National Sea Grant Program Act" each
place it appears therein and inserting in lieu therof " National
Sea Grant College Program Act";
(2) by amending subsection (a) (2) to read as follows:
"(2) promote the exchange among the United States and foreign
nations (including, but not limited to, developing foreign
nations) of information and data with respect to the assessment,
development, utilization, and conservation of such resources.";
and
(3) by amending the first sentence of subsection (c) to read as
follows:
" There are authorized to be appropriated for purposes of carrying
out this section not to exceed the following amounts:
"(1) $3,000,000 for each of fiscal years 1977, 1978, and 1979.
"(2) $5,000,000 for fiscal year 1980.".
Approved October 7, 1978.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95-1011 (Comm. on Merchant Marine and Fisheries).
SENATE REPORT No. 95-887 (Comm. on Commerce, Science, and
Transportation) and (Comm. on Human Resources).
CONGRESSIONAL RECORD, Vol. 124 (1978):
Apr. 17, considered and passed House.
June 7, considered and passed Senate, amended.
June 29, House concurred in Senate amendment with amendments.
Sept.25, Senate concurred in House amendments.
PUBLIC LAW 95-427, 92 STAT. 996
of fringe benefits, 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. FRINGE BENEFIT REGULATIONS.
(a) In General.--No fringe benefit regulation shall be issued--,
(1) in final form on or after May 1, 1978, and on or before
December 31, 1979, or
(2) in proposed or final form on or after May 1, 1978, if such
regulation has an effective date on or before December 31, 1979.
(b) Definition Of Fringe Benefit Regulation.--For purposes of
subsection (a), the term "fringe benefit regulation" means a regulation
providing for the inclusion of any fringe benefit in gross income by
reason of section 61 of the Internal Revenue Code of 1954. // 26 USC 61.
//
SEC. 2. COMMUTING EXPENSES.
With respect to transportation costs paid or incurred after December
31, 1976, and on or before December 31, 1979, the application of
sections 62, 162, and 262 and of chapters 21, 23, and 24 of the Internal
Revenue Code of 1954 // 26 USC 61. // 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 similar 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. TREATMENT OF CERTAIN STATUTORY SUBSISTENCE ALLOWANCES OR
SUSISTENCE ALLOWANCES NEGOTIATED IN ACCORDANCE WITH STATE LAW RECEIVED
BY STATE POLICE OFFICERS BEFORE JANUARY 1, 1978.
(a) GENERAL RULE.-- If--,
(1) an individual who was employed as a State police officer
received a statutory subsistence allowance or a subsistence
allowance negotiated in accordance with State law while so
employed, such manner and form as the Secretary of the Treasury
may prescribe, to have this section apply to such allowance, and
(3) this section applies to such allowance,
then, for purposes of the Internal Revenue Code of 1954, such allowance
shall not be included in such individual's gross income.
(b) ALLOWANCES TO WHICH SECTION APPLIES.-- For purposes of this
section, this section applies to any statutory subsistence allowance or
subsistence allowance negotiated in accordance with State law which was
received--,
(1) after December 31, 1969, and before January 1, 1977, to the
extent such individual did not include such allowance in gross
income on his income tax return for the taxable year in which such
allowance was received, or
(2) during the calendar year 1977.
(c) OTHER DEFINITIONS.-- For purposes of this section--,
(1) STATE POLICE OFFICER.-- The term " State police officer"
means any police officer (including a highway patrolman) employed
by a State (or the District of Columbia) on a full-time basis with
the power to arrest.
(2) INCOME TAX RETURN.- The term "income tax return" means the
return of the taxes imposed by subtitle A of the Internal Revenue
Code of 1954. If an individual filed before November 29, 1977, an
amended return for any taxable year, such amended return shall be
treated as the return for such taxable year.
(d) LIMITATION ON DEDUCTION.-- If any individual receives a
subsistence allowance which is excluded from gross income under
subsection (a), no deduction shall be allowed under any provision of
chapter 1 of the Internal Revenue Code of 1954 for expenses in respect
of which has received such allowance, except to the extent that such
expenses exceed the amount excludable from gross income under subsection
(a) and the excess is otherwise allowed as a deduction under such
chapter 1.
(e) Statute Of Limitations.--If refund or credit of any overpayment
of tax resulting from the application of this section is prevented at
any time on or before April 15, 1979, by the operation of any law or
rule of law (including res judicata), refund or credit of such
overpayment (to the extent attributable to the application of this
section) may, nevertheless, be made or allowed if claim therefor is
filed on or before April 15, 1979.
SEC.4. MEALS FURNISHED FOR THE CONVENIENCE OF THE EMPLOYER.
(a) In General.--Section 119 of the Internal Revenue Code of 1954
(relating to meals or lodging furnished for the convenience of the
employer) is amended to read as follows:
SEC. 119. MEALS OR LODGING FURNISHED FOR THE CONVENIENCE OF THE
EMPLOYER.
"(a) General Rule.--There shall be excluded from gross income of an
employee the value of any meals or lodging furnished to him by his
employer for the convenience of the employer, but only if--,
"(1) in the case of meals, the meals are furnished on the
business premises of the employer, or
"(2) in the case of lodging, the employee is required to accept
such lodging on the business premises of his employer as a
condition of his employment.
"(b) Special Rules.--For purposes of subsection (a)--,
"(1) Provisions Of Employment Contract Or State Statute Not To
Be Determinative.--In determining whether meals or lodging are
furnished for the convenience of the employer, the provisions of
an employment contract or of a State statute fixing terms of
employment shall not be determinative of whether the meals or
lodging are intended as compensation.
"(2) Certain Factors Not Taken Into Account With Respect To
Meals.--In determining whether meals are furnished for the
convenience of the employer, the fact that a charge is made for
such meals, and the fact that the employee may accept or decline
such meals, shall not be taken into account.
"(3) Certain Fixed Charges For Meals.--,
income an
amount equal to such fixed charge.
(b) Effective Date.--The amendment made by subsection (a) shall apply
with respect to taxable years beginning after December 31, 1953, and
ending after August 16, 1954.
Approved October 7, 1978.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95-1232 (Comm. on Ways and Means).
CONGRESSIONAL RECORD, Vol. 124 (1978):
June 28, considered and passed House.
Aug. 2, 4, considered and passed Senate, amended.
Sept. 19, House concurred in Senate amendments.
PUBLIC LAW 95-426 , 92 STAT. 963, FOREIGN RELATIONS AUTHORIZATION
ACT, FISCAL YEAR 1979.
Department of State,
the International Communication Agency, and the
Board for International
Broadcasting, to make changes in the laws relating to
those agencies, to make
changes in the Foreign Service personnel system, to
establish policies and
responsibilities with respect to science, technology,
and American diplomacy,
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 may be cited as the " Foreign Relations
Authorization Act, Fiscal Year 1979".
Sec. 101. (a) There are authorized to be appropriated for the
Department of State for the fiscal year 1979 to carry out the
authorities functions, duties, and responsibilities in the conduct of
the foreign affairs of the United States, including trade negotiations,
and other purposes authorized by law, the following amounts:
(1) For " Administration of Foreign Affairs", $849,118,000.
(2) For " International Organizations and Conferences",
$412,826,000.
(3) For " International Commissions", $20,773,000.
(4) For " Migration and Refugee Assistance", $116,536,000.
(5) For increases in salary, pay, retirement, and other
employee benefits authorized by law, and for other
nondiscretionary costs, such amounts as may be necessary.
(b) Amounts appropriated under this section are authorized to remain
available until expended.
(c) Funds authorized to be appropriated for the fiscal year 1979 by
paragraphs (1) through (4) of subsection (a) may be appropriated for the
fiscal year 1979 for a purpose for which appropriations are authorized
by any other of thoe paragraphs, except that the total amount
appropriated for a purpose described in any of those paragraphs may not
exceed by more than 10 percet the amount specifically authorized for
that purpose by subsection (a).
INTERNATIONAL
ORGANIZATIONS AND CONFERENCES
Sec.102. Section 101 (a)(2) of the Foreign Relations Authorization
Act, Fiscal Year 1978, // 91 Stat. 844. // is amended by striking out
"$389,412,000" and inserting in lieu thereof "$426,687,000".
FOR
DEVELOPMENT
Sec. 103. (a) The Congress find that--,
(1) science and technology are keys to eradicating hunger and
proverty in developing countries;
(2) the ability of the developing countries to achieve
selfsustaining growth has been hindered by the lack of an
indigenous scientific and technological base;
(3) this scientific and technological base is vital to the
emergence of developing contries as full and equal partners in the
international system;
(4) expanded cooperation with respect to science and technology
can significantly contribute to an improved North-- South
relationship; and
(5) the United Nations Conference on Science and Technology for
Development offers a valuable forum for the analysis of problems
of development that might be alleviated or solved with the aid of
scientific and technical expertise.
(b) It is therefore the sense of the Congress that the United States
should strongly support of the United Nations Conference on Science and
Technology for Development and that the United States delegation to this
conference should actively develop and offer proposals which would
facilitate an expansion of mutually beneficial cooperation among
developed and developing countries with respect to science and
technology, including joint education and reserch and development
programs.
(c) In addition to amounts otherwise available for such purpose,
$945,000 of the amount authorized to be appropriated by section 101 (a)
(1) of this Act shall be available only for expenses incurred by the
Department of State in connection with the United Nations Conference on
Science and Technology for Development, including expenses for
preparatory conferences and seminars held in the United States.
Sec. 104. (a) The Secretary of State is authorized to acquire on
behalf of the United States a memorial statue or bust of General George
C.Marshall (hereafter in this section referred to as the "memorial") to
be placed in an appropriate location within the Department of State.
(b) (1) To assist the Secretary of State in carrying out the
provisions of subsection (a), there is established a Commission to be
composed of seven members as follows:
(A) The Secretary, who shall be the chairman of the Commission.
(B) Two members appointed by the Secretary.
(C) Two members appointed by the chairman of the Committee on
Foreign Relations of the Senate.
(D) Two members appointed by the chairman of the Committee on
International Relations of the House of Representatives.
Members of the Commission shall serve without compensation.
(2) The Commission shall operate under the direction of the Secretary
of State and, subject to final approval by the Secretary, shall select
the sculptor for the memorial and select its size, style, design, and
material.
(3) The Commission shall cease to exist upon completion of its
functions under this section, as determined by the Secretary.
(c) (1) Of the funds authorized to be appropriated by section 101 (a)
(1) of this Act, not more than $10,000 may be used for payment of costs
incurred in carrying out subsection (a) of this section.
(2) All other costs incurred in carrying out subsection (a) shall be
paid by the Secretary of State with funds contributed to the United
States for such purpose.
(d) The Secretary of State shall be responsible for maintenance and
care of the memorial.
Sec.105. (a) It is the purpose of this section // 22 USC 292a. //
to provide for the demonstration of solar energy and other renewable
energy technologies in foreign countries through the use of energy in
buildings acquired under subsection (a) of the first section of the
Foreign Service Buildings Act, 1926 (22 U.S.C. 292 (a)), in order
that--,
(1) countries in which such buildings are located may be given
visible incentives to develop and use local solar energy or other
renewable energy resources to reduce dependence upon petroleum and
petroleum products;
(2) markets may be developed for American solar energy systems
and components in order to stimulate investment in such systems
and components and to reduce the costs of such systems and
components to reasonable levels;
(3) in furtherance of the purpose of section 119 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151q), cooperation may be
developed between the United States and other countries in an
effort to develop solar energy or other renewable energy systems
within a short period of time; and
(4) equipment which is vital to the operation of sensitive
systems within United States missions abroad may be made more
reliable and less dependent upon interruptible local energy
supplies.
(b) (1) The Secretary of State shall implement projects for the
application of solar energy or other forms of renewable energy in
buildings acquired under subsection (a) of the first section of the
Foregn Service Buildings Act, 1926. // 22 USC 292. //
(2) The Secretary of State shall select projects under paragraph (1)
in consultation with the Secretary of Energy. Such projects shall apply
available solar energy and other renewable energy technologies,
including those for--,
(A) the heating and cooling of buildings;
(B) solar thermal electric systems;
(C) solar photovoltaic conversion systems;
(D) wind energy systems; and
(E) systems for developing fuels from biomass.
The Secretary of Energy shall inform the Secretary of State of all such
technologies which are feasible for such projects, taking into account
the resources and environmental conditions of the countries in which
such projects are to be implemented. Upon the request of the Secretary
of State, the Secretary of Energy shall provide to the Secretary of
State any technical information or other technical assistance which the
Secretary of State considers necessary with respect to any such project.
Any project selected under this section should be similar to projects
which have been demonstrated by the Department of Energy (or any of its
predecessor agencies) to be reliable, maintainable, and technically
feasible.
(3) Any project selected under this section shall be adaptable to the
local resources, climatic conditions, and economic circumstances of the
country in which such project is implemented in order that such country
will be more likely to implement similar projects.
(4) The Secretary of State shall insure that any project selected
under this section is demonstrated to, and available for inspection by,
officials and other citizens of the country in which such project is
implemented.
(5) In selecting projects under this section, the Secretary of State
shall give priority to projects to be implemented in developing
countries.
(c) Whenever any building is constructed under the authority
contained in the first section of the Foreign Service Buildings Act,
1926, // 22 USC 292. // the Secretary of State shall insure that the
planning for such construction take into account those renewable energy
systems which are available in the country in which the building is to
be constructed.
(d) In addition to amounts otherwise available for such purposes,
$4,000,000 of the amount authorized to be appropriated by section 101
(a) (1) of this Act shall be available only to carry out the purposes of
this section.
Sec. 106. Of the amount authorized to be appropriated by section 101
(a) (4) of this Act, $25,000,000 shall be available only for assistance
for the resettlement in Israel of refugees from the Union of Soviet
Socialist Republics and from Communist countries in Eastern Europe.
Sec. 107. In addition to amounts otherwise available for such
purpose, $5,000,000 of the amount authorized to be appropriated by
section 101 (a) (4) of this Act shall be available only for assistance
for refugees in Africa.
Sec. 108. (a) Section 3 (j) of the Act entitled " An Act to provide
certain basic authority for the Department of State", approved August 1,
1956 (22 U.S.C. 2670 (j)), is amended by inserting "or destitute United
States citizens abroad" immediately after "incarcerated abroad".
(b) The amendment made by this section // 22 USC 2670 // shall take
effect on October 1, 1978.
Sec. 109. (a) Section 13 of the Act entitled " An Act to provide
certain basic authority for the Department of State", approved August 1,
1956 (22 U.S.C. 2684), is amended--,
(1) by striking out "supply" in clause (2) in the first
sentence;
(2) by striking out ", and" at the end of clause (2) in the
first sentence and inserting in lieu thereof a semicolon;
(3) by inserting immediately before the period at the end of
the first sentence "; and (4) medical and health care services";
(4) by striking out the third sentence; and
(5) by inserting "(a)" immediately after " Sec. 13". and by
adding the following new subsection at the end of the section:
(b) The current value of supplies returned to the working capital
fund by a post, activity, or agency may be charged to the fund. The
proceeds thereof shall, if otherwise authorized, be credited to current
applicable appropriations and shall remain available for expenditures
for the same purposes for which those appropriations are available.
Credits may not be made to appropriations under this subsection as the
result of capitalization of inventories.".
(b) The amendments made by this section // 22 USC 2684 // shall take
effect on October 1, 1978.
COMMISSION,
UNITED STATES and CANADA
Sec. 110. (a) Section 19 of the Act entitled " An Act to provide
certain basic authority for the Department of State", approved August 1,
1956 (22 U.S.C. 2689), is amended by striking out "not to exceed $1,500
of the".
(b) The amendment made by this section // 22 USC 2689 // shall take
effect on October 1, 1978.
Sec. 111. (a) The Act entitled " An Act to provide certain basic
authority for the Department of State", approved August 1, 1956, is
amended by adding at the end thereof the following new section:
" Sec. 23. Whenever the head of any Federal agency performing any
foreign affairs functions (including, but not limited to, the Department
of State, the International Communication Agency, the Agency for
International Development, and the Arms Control and Disarmament Agency)
determines that administrative services performed in common by the
Department of State and one or more other such agencies may be performed
more advantageously and more economically on a consolidated basis, the
Secretary of State and the heads of the other agencies concerned may,
subject to the approval of the Director of the Office of Management and
Budget, conclude an agreement which provides for the transfer to and
consolidation within the Department or within one of the other agencies
concerned of so much of the functions, personnel, property, records, and
funds of the Department and of the other agencies concerned as may be
necessary to enable the performance of those administrative services on
a consolidated basis for the benefit of all agencies concerned.
Agreements for consolidation of administrative services under this
section shall provide for reimbursement or advances of funds from the
agency receiving the service to the agency performing the service in
amounts which will approximate the expense of providing administrative
services for the serviced agency.".
(b) The amendment made by this section // 22 USC 2695 // shall take
effect on October 1, 1978.
Sec. 112. (a) Part C of title IX of the Foreign Service Act of 1946
(22 U.S.C. 1139) is amended--,
(1) by striking out " Commissary Service" in the heading for
that part and inserting in lieu thereof " POST EMPLOYEE SERVICES";
and
(2) by amending subsections (b) and (c) of section 921
// 22 USC 1139. //
to read as follows:
"(b) The Secretary, under such regulations as he may prescribe, may
authorize and assist in the establishment, maintenance, and operation by
officers and employees of the Service of non-Government operated
services and facilities at posts abroad, including the furnishing of
space, utilities, and properties owned or leased by the United States
for use by its diplomatic and consular missions. The provisions of the
Foreign Service Buildings Act, 1926 (22 U.S.C. 292 - 300), and section
13 of the Act entitled ' An Act to provide certain basic authority for
the Department of State', approved August 1, 1956 (22 U.S.C. 2684), may
be utilized by the Secretary in providing such assistance Services and
facilities established under this subsection shall be made available,
insofar as practicable, to officers and employees of other Government
agencies and their dependents who are stationed abroad. Such services
and facilities shall not be established in localities where another
United States agency operates similar services or facilities unless the
Secretary determines that such additional services or facilities are
necessary.
"(c) Charges at any post abroad for a service or facility authorized
or assisted under this section shall be at the same rate for all
civilian personnel of the Government serviced thereby, and all charges
for supplies furnished to such a service or facility abroad by any
Government agency shall be at the same rate as that charged by the
furnishing agency to its comparable civilian services and facilities.".
(b) The amendments made by this section shall take effect on October
1, 1978.
Sec. 113. (a) Part E of title IX of the Foreign Service Act of 1946
is amended--,
(1) in section 942 (22 U.S.C. 1157) by striking out "(a)" and
by striking out subsection (b); and
(2) by adding at the end of that part the following new
section:
" Sec. 945. The Secretary may establish medical treatment and health
care facilities and provide for the services of physicians, nurses, or
other medical or health care personnel at a post at which, in the
opinion of the Secretary, sufficient personnel are employed to warrant
such facilities or services.".
(b) The amendments made by this section // 22 USC 1157. // shall
take effect on October 1, 1978.
Sec. 114. (a) (1) The first section of the Act entitled " An Act to
strengthen and improve the organization and administration of the
Department of State, and for other purposes", approved May 26, 1949 (22
U.S.C. 2652), is amended by striking out "a Deputy Under Secretary of
State" and inserting in lieu therof "an Under Secretary of State for
Management".
(2) The individual holding the office of Deputy Under Secretary of
State on the effective date of this section // 22 USC 2652. // shall
assume the duties of Under Secretary of State for Management and shall
not be required to be reappointed by reason of the enactment of this
section.
(b) (1) Paragraph (9) of section 5314 of title 5, United States Code,
is amended by inserting "and Under Secretary of State for Management"
immediately after " Programs".
(2) Paragraph (10) of section 5315 // 5 USC 5315. // of such title
is repealed.
(c) The amendment made by this section // 5 USC 5314. // shall take
effect on October 1, 1978.
NARCOTICS
MATTERS
Sec. 115. (a) There is established in the Department of State, in
addition to the positions provided under the first section of the Act of
May 26, 1949 (22 U.S.C. 2652), an Assistant Secretary of State for
International Narcotics Matters, who shall be appointed by the
President, by and with the advice and consent of the Senate. The
Assistant Secretary shall be responsible for the overall coordination of
the role of the Department of State in the international aspects of
narcotics problems.
(b) (1) Section 5315 of title 5, United States Code, is amended by
adding at the end thereof the following new paragraph:
"(122) Assistant Secretary for International Narcotics Matters,
Department of State.".
(2) The amendment made by paragraph (1) of this subsection // 5 USC
5315. // shall take effect on October 1, 1978.
Sec. 116. Paragraph (9) of section 121 of the Foreign Service Act of
1946 (22 U.S.C. 802 (9)) is amended by striking out "or diplomatic
agent" and inserting in lieu thereof "diplomatic agent, or the head of a
United States office abroad which is designated by the Secretary as
having a purpose diplomatic in nature".
Sec. 117. Section 16 of the Act entitled " An Act to provide certain
basic authority for the Department of State", approved August 1, 1956
(22 U.S.C. 2680a), is amended--,
(1) in paragraph (1) by striking out " Ambassador to " and
inserting in lieu thereof "chief of mission (as defined in section
121 (9) of the Foreign Service Act of 1946)
// 22 USC 802. // in";
(2) in paragraph (2) by striking out " Ambassador" and
inserting in lieu thereof "chief of mission"; and
(3) in paragraph (3)--,
lieu
thereof "chief of mission in"; and
lieu
thereof "the chief of mission".
Sec. 118. Section 11 (a) of the Department of State Appropriations
Authorization Act of 1973 (22 U.S.C. 2685 (a)) is amended--,
(1) by striking out "ninety days" and inserting in lieu thereof
"one year"; and
(2) by adding at the end thereof the following new sentence: "
Officers and employees of the Department of State who are
detailed, assigned, or otherwise made available to another
Executive agency for a period of not to exceed one year shall not
be counted toward any personnel ceiling for the Department of
State established by the Director of the Office of Management and
Budget.".
Sec. 119. Section 21 of the Act entitled " An Act to provide certain
basic authority for the Department of State", approved August 1, 1956
(22 U.S.C. 2691), is amended by adding at the end thereof the following
new sentence: " Nothing in this section may be construed as authorizing
or requiring the admission to the United States of any alien who is
excludible for reasons other than membership in or affiliation with a
proscribed organization.".
DEPARTMENT OF STATE
Sec. 120. (a) The Congress finds that the Department of State
publication " Foreign Relations of the United States" plays an important
role in making the documentary record of United States foreign relations
available to the Congress and the American public.
(b) The Secretary of State shall therefore insure that publication of
the " Foreign Relations of the United States" volumes is continued in
such a manner as will maintain the high standard of comprehensive
documentation already established by past volumes.
Sec. 121. (a) The Congress finds that the Department of State should,
in the performance of its consular duties, render all reasonable
administrative assistance to a United States citizen who is making
necessary arrangements following the death of another United States
citizen abroad.
(b) The Secretary of State shall--,
(1) analyze alternative procedures by which the Department of
State could, where necessary and appropriate, provide loans or
other forms of assistance to facilitate such arrangements; and
(2) not later than January 20, 1979, transmit to the Speaker of
the House of Representatives and the chairman of the Committee on
Foreign Relations of the Senate a report describing fully and
completely such alternate procedures, including associated costs,
and presentin his views and recommendations with respect to such
procedures.
Sec. 122. (a) The Congress finds that--,
(1) international political, economic, and other studies
prepared systematically by analysts of the Department of State as
needed
background information for executive branch policymakers could
be similarly valuable to the Committee on International Relations
of the House of Representatives and the Committee on Foreign
Relations of the Senate in fulfilling their responsibilities; and
(2) a formal information-sharing arrangement between the
Department of State and such congressional committees could
therefore serve the national interest, provided that controls on
dissemination are established which insure that neither the
process of analysis nor necessary confidentiality is jeopardized.
(b) Not later than January 20, 1979, the Secretary of State shall
transmit to the chairman of the Committee on International Relations of
the House of Representatives and the chairman of the Committee on
Foreign Relations of the Senate recommendations with respect to the
establishment of such an information-sharing arrangement.
Sec. 123. (a) The Congress finds that the Inter-Agency Council for
Minority Enterprise has been created to assist minority owned and
operated businesses in establishing broader markets, including markets
with respect to procurement by the United States Government.
(b) it is the sense of the Congress that the Secretary of State, in
cooperation with such Council, should--,
(1) broaden minority business participation in the provision of
goods and services for the Department of State; and
(2) establish and expand export markets for minority
businesses.
UNITED STATES
PASSPORTS
Sec. 124. For the purpose of achieving greater United States
compliance with the provisions of the Final Act of the Conference on
Security and Cooperation in Europe (signed at Helsinki on August 1,
1975) and for the purpose of encouraging other countries which are
signatories to the Final Act to comply with those provisions, the first
section of the Act entitled " An Act to regulate the issue and validity
of passports, and for other purposes", approved July 3, 1926 (22 U.S.C.
211a), is amended by adding at the end thereof the following: " Unless
authorized by law, a passport may not be designated as restricted for
travel to or for use in any country other than a country with which the
United States is at war, where armed hostilities are in progress, or
where there is imminent danger to the public health or the physical
safety of United States travellers.".
Sec. 125. It is the sense of the Congress that a diplomatic or
official United States passport should be issued only to, and used only
by, a person who holds a diplomatic or other official position in the
United States Government or who is otherwise eligible for such a
passport under conditions specifically authorized by law.
Sec. 126. (a) For the purpose of implementing general principles of
the Final Act of the Conference on Security and Cooperation in Europe
(signed at Helsinki on August 1, 1975) emphasizing the lowering of
international barriers to the free movement of people and ideas and in
accordance with provisions of the Vienna Convention on Diplomatic
Relations establishing the legal principles of nondiscrimination and
reciprocity, it shall be the general policy of the United States to
impose restrictions on travel within the United States by citizens of
another country only when the government of that country imposes
restrictions on travel by United States citizens within that country.
(b) The Secretary of State shall--,
(1) insure that this policy is clearly conveyed to any foreign
government imposing travel restrictions on United States citizens;
and
(2) seek the elimination, on a mutual and reciprocal basis, of
travel restrictions imposed by such government and by the
Government of the United States on each other's citizens.
(c) Not later than January 20, 1979, and at intervals of one year
thereafter for a period of three years, the Secretary of State shall
transmit to the Speaker of the House of Representatives and the chairman
of the Committee on Foreign Relations of the Senate a report
describing--,
(1) domestic travel restrictions then being imposed by the
United States Government on citizens of other countries and by
foreign government on United States citizens; and
(2) the progress of efforts undertaken pursuant to subsection
(b) to achieve the elimination of such restrictions.
(d) Subsection (a) may not be construed as limiting any restrictions
on travel within the United States which are imposed by the United
States Government, on a reciprocal basis, with respect to the officials
of particular foreign governments.
Sec. 201. (a) There is authorized to be appropriated for the
International Communication Agency for fiscal year 1979 to carry out
international communication, educational, cultural, and exchange
programs under the United States Information and Educational Exchange
Act of 1948, // 22 USC 1431. // the Mutual Educational and Cultural
Exchange Act of 1961, and Reorganization Plan Numbered 2 of 1977, // 22
USC 2451. // and other purposes authorized by law, $420,577,000, and
such additional amounts as may be necessary for increases in salary,
pay, retirement, and other employee benefits authorized by law, and for
other nondiscretionary costs.
(b) Amounts appropriated under this section are authorized to remain
available until expended.
Sec. 202. The mission of the International Communication Agency
shall be to further the national interest by improving United States
relations with other countries and peoples through the broadest possible
sharing of ideas, information, and educational and cultural activities.
In carrying out this mission, the International Communication Agency
shall, among other activities--,
(1) conduct Government-sponsored information, educational, and
cultural activities designed--,
the United
States; and
activities
of the Agency, to enhance understanding on the part of
the Government and people of the United States of
the history,
culture, attitudes, perceptions, and aspirations of
others;
(2) encourage private institution in the United States to
develop their own exchange activities, and provide assistance for
those exchange activities which are in the broadest national
interest;
(3) coordinate international informational, educational, or
cultural activities conducted or planned by departments and
agencies of the United States Government;
(4) assist in the development of a comprehensive national
policy on international communications;and
(5) promote United States participation in international events
relevant to the mission of the Agency.
Sec. 203. The President shall, by a process of gradual expansion
during the four-year period beginning October 1, 1979, increase
significantly the financial resources expended annually by the
International Communication Agency for exchange-of-persons activities.
The President shall prepare at an early date a general plan for the
accomplishment of this goal and shall adjust that plan annually, as he
finds appropriate, in consultation with the Congress.
Sec. 204. (a) Section 104 (e) (1) of the Mutual Educational and
Cultural Exchange Act of 1961 (22 U.S.C. 2454 (e) (1) is amended by
striking out " President" and inserting in lieu thereof " Director of
the International Communication Agency".
(b) (1) The Act entitled " An Act to promote the foreign policy of
the United States by strengthening and improving the Foreign Service
personnel system of the United States Infomation Agency through
establishment of a Foreign Service Information Officer Corps", approved
August 20, 1968, is amended in the first section, section 2, and section
12 (22 U.S.C. 1221, 1222, and 1232) by striking out " United States
Information" and inserting in lieu thereof "international
Communication".
(2) Section 4 of that Act (22 U.S.C. 1224) is amended to read as
follows:
" Sec. 4. Foreign Service information officers, Foreign Service
Reserve officers, Foreign Service staff officers and employees, and
alien clerks and employees of the Agency shall be under the direction
and authority of the Director. Authority available to the Secretary of
State with respect to Foreign Service officers, Foreign Service Reserve
officers Foreign Service staff officers and employees, or alien clerks
and employees of the Department of State shall be available on the same
basis to the Director with respect to Foreign Service information
officers, Foreign Service Reserve officers, Foreign Service staff
officers and employees, and alien clerks and employees of the Agency,
except as provided in section 11 of this Act.". // 22 USC 1231. //
(3) Section 10 of that Act (22 U.S.C. 1230) is amended to read as
follows:
" Sec. 10 All provision of the Foreign Service Act of 1946 // 22 USC
801. // or of any other law, which apply to Foreign Service officers,
Foreign Service Reserve officers, Foreign Service staff officers and
employees, or alien clerks and employees of the Department of State and
which are not referred to in section 6 through 9 of this Act, // 22 USC
1226 - 1229. // shall be applicable to Foreign Service information
officers, Foreign Service Reserve officers, Foreign Service staff
officers and employees,or alien clerks and employees, as the case may
be, of the Agency.".
(4) Section 11 of that Act (22 U.S.C. 1231) is amended to read as
follows:
CONSULAR
OFFICERS
" Sec. 11. (a) The Secretary of State may, upon request of the
Director, recommend to the President that Foreign Service information
officers or Foreign Service Reserve officers of the Agency be
commissioned as diplomatic or consular officers, or both, in accordance
with section 512 or 524 of the Foreign Service Act of 1946. // 22 USC
907, 924. //
"(b) The Secretary of State may, upon request of the Director, assign
Foreign Service information officers or Foreign Service Reserve officers
of the Agency, commissioned as diplomatic or consular officers, to serve
under such commissions in accordance with section 512 and 514 or section
524 of the Foreign Service Act of 1946.".
(5) (A) The title of the Act of August 20, 1968, // 82 Stat. 810. //
is amended to read as follows: " An Act to promote the foreign policy
of the United States by strengthening and improving the Foreign Service
personnel system of the International Communication Agency through
establishment of a Foreign Service Information Officer Corps.".
(B) Effective October 1, 1978, clause (XV) of paragraph (2) of
section 5541 of title 5 of the United States Code, as added by section
412 (a) (1) (C) of the Foreign Relations Authorization Act, Fiscal Year
1978, is amended by striking out " United States Information" and
inserting in lieu thereof " International Communication".
(6) Paragraph (3) of section 522 of the Foreign Service Act of 1946
(22 u.s.c. 922 (3)) is amended by striking out " United States
Information" and inserting in lieu thereof " International
Communication".
(7) Section 803 (a) (4) of that Act (22 U.S.C. 1063 (a) (4)) is
amended by striking " United States Information" and inserting in lieu
thereof " International Communication".
(c) Title VIII of the United States Information and Educational
Exchange Act of 1948 (22 U.S.C. 1471 - 1475a) is amended by adding at
the end thereof the following new section:
" Sec. 807. The seal of the International Communication Agency shall
be the arms and crest of the United States, encircled by the words '
International Communication Agency'. Judicial notice shall be taken of
the seal.".
Sec. 205. The Secretary of State may delegate to the Director of the
International Communication Agency, with the consent of the Director,
the functions vested in the Secretary by section 2(a) of the joint
resolution entitled " Joint Resolution providing for the construction
and maintenance of a National Gallery of Art", approved March 24, 1937
(20 U.S.C. 72 (a)).
INTERNATIONAL CENTER
FOR SCHOLARS
Sec. 206. (a) Subsection (b) of section 3 of the Woodrow Wilson
Memorial Act of 1968 (20 U.S.C. 80f(b)) is amended--,
(1) in the text preceding paragraph (1) by striking out
"fifteen" and inserting in lieu thereof "sixteen";
(2) by redesignating paragraphs (2) through (8) as paragraphs
(3) through (9), respectively; and
(3) by striking out paragraph (1) and inserting in lieu thereof
the following new paragraphs:
"(1) the Secretary of State;
(2) the Director of the International Communication Agency;".
(b) (1) Subsection (c) of that section (20 U.S.C. 80f(c)) is amended
by striking out "(7)" and inserting in lieu thereof "(8)".
(2) Subsection (d) of that section (20 U.S.C. 80f(d)) is amended by
striking out "(8)" and inserting in lieu thereof "(9)".
INTERNATIONAL COMMUNICATION
AGENCY FILM ON ROY WILKINS
Sec. 207. Notwithstanding the second sentence of section 501 of the
United States Information and Educational Exchange Act of 1948 (22 U.S.
C. 1461), the Director of the International Communication Agency shall,
upon receipt of reimbursement for any expenses involved, make available
to the Administrator of General Services, for deposit in the National
Archives of the United States, a master copy of the film entitled " The
Right to Dignity", and the Administrator shall make copies of such film
available for purchase and public viewing in the United States.
Sec. 301. (a) Section 8(a) of the Board for International
Broadcasting Act of 1973 (22 U.S.C. 2877(a)) is amended--,
(1) in the text preceding paragraph (1) by striking out "1978"
and inserting in lieu thereof "1979"; and
(2) in paragraph (1), as amended by section 302 of this Act, by
striking out "$79,448,000" and "$8,500,000" and inserting in lieu
thereof "$88,180,000" and "$5,000,000", respectively.
(b) The amendments made by subsection (a) of this section // 22 USC
2877. // shall take effect on October 1, 1978.
FISCAL YEAR 1978
Sec. 302. Section 8(a) (1) of the Board for International
Broadcasting Act of 1973 (22 U.S.C. 2877 (a) (1)) is amended by striking
out "$68,980,000" and "$5,000,000" and inserting in lieu thereof
"$79,448,000" and "8,500,000", respectively.
Sec. 303. Section 3(b) of the Board for International Broadcasting
Act of 1973 (22 U.S.C. 2872(b)) is amended--,
(1) in paragraph (1)--,
" The
Board shall consist of seven members, two of whom
shall be
ex officio members."; and
be an
ex officio member" in the last sentence and inserting
in lieu
thereof "and the chairman of the Board of Directors
of RFE/ RL,
Incorporated, shall be ex officio members"; and
(2) by amending paragraph (4) to read as follows:
"(4) TERM OF OFFICE OF EX OFFICIO MEMBERS.-- An ex officio member of
the Board shall serve on the Board during his or her term of service as
chief operating executive or as chairman of the Board of Directors of
RFE/ RL, Incorporated, as the case may be.".
Sec. 304. (a) Section 4(a) of the Board for International
Broadcasting Act of 1973 (22 U.S.C. 2873(a)) is amended--,
(1) by redesignating paragraph (8) and (9) as paragraph (9) and
(10), respectively; and
(2) by inserting the following new paragraph (8) immediately
after paragraph (7):
"(8) to make available for its own use or for the use of RFE/
RL, Incorporated, for official reception and representational
expenses not to exceed $65,000 of the funds made available to
carry out this Act each fiscal year;".
(b) The amendment made by subsection (a) (2) of this section // 22
USC 2873. // does not apply with respect to funds appropriated before
the date of enactment of this Act.
Sec. 305. Section 5(c) of the Board for International Broadcasting
Act of 1973 (22 U.S.C. 2874(c)) is amended by inserting "(including a
contribution made to any corporation or other entity having a principal
purpose of receiving private contributions on behalf of RFE/ RL,
Incorporated)" immediately after "a contribution to RFE/ RL,
Incorporated,".
Sec. 306. (a) Section 8(a) (1) of the Board for International
Broadcasting Act of 1973 (22 U.S.C. 2877(a) (1)) is amended by striking
out " Radio Free Europe and Radio Libert" and inserting in lieu thereof
" RFE/ RL, Incorporated".
(b) Section 8(b) of such Act (22 USC 2877(b)) is amended by striking
out " Radio Free Europe and Radio Liberty" and inserting in lieu thereof
" RFE/ RL, Incorporated".
COUNTRIES
Sec. 307. The Board for International Broadcasting Act of 1973 (22
U.S.C. 2871 - 2877) is amended by adding at the end thereof the
following new section:
COUNTRIES
" Sec. 9. No funds or other assistance may be provided by the Board
under this Act to RFE/ RL, Incorporated, if Incorporated, permit any
Communist country (within the meaning of section 620 (f) of the Foreign
Assistance Act of 1961) // 22 USC 2370. // to use its broadcasting
facilities unless that Communist country permits RFE/ RL, Incorporated,
to use that country's broadcasting facilities on a comparable basis.".
Sec. 401. (a) In order to expand employment opportunities for family
members of United States Government personnel abroad, the President
shall--,
(1) seek to conclude such bilateral and multilateral agreements
as will facilitate the employment of such family members in
foreign economies; and
(2) direct that at any United States post abroad where a
qualified family member is available to be hired, consideration
shall be given, when continuity over a long term is not a
significant consideration, to converting a vacant alien position
to an American position for staffing by that family member.
(b) (1) The section heading of section 444 of the Foreign Service Act
of 1946 (22 U.S.C. 889) is amended to read as follows: " LOCAL
COMPENSATION PLANS".
(2) subsetion (a) (1) of such section is amended to read as follows:
"(a) (1) The Secretary shall, in accordance with such regulations as
he may prescribe, establish compenasation plan for alien employees of
the Service and for United States citizens employed by the Department
abroad who are family members of Government personnel serving in the
same country. Such compensation plans shall be based upon prevailing
wages rates and compensation practices for corresponding types of
positions in the locality, to the extent consistent with the public
interest. Compensation plans established pursuant to this section may
include provision for leave of absence with pay for alien employees in
accordance with prevailing law and employment practices in the locality
of employment, without regard to section 6310 of title 5, United States
Code.".
(3) Subsection (b) of such section is amended by striking out "alien
employee programs" and inserting in lieu thereof "employment programs
for aliens, and for family members of Government personnel serving
abroad,".
(4) Such section is further amended by adding at the end thereof the
following new subsection:
"(d) The Secretary of State shall prescribe regulations authorizing
the employment abroad, and providing for the compensation, of family
members of Government personnel.".
(c) Not later than January 20, 1979, the Secretary of State shall
transmit to the Speaker of the House of Representatives and the chairman
of the Committee on Foreign Relations of the Senate a report describing
fully and completely the actions taken by the Department of State
pursuant to this section and section 413 of the Foreign Relations
Authorization Act, Fiscal Year 1978. // 22 USC 2693. //
Sec. 402. (a) Title IV of the Foreign Service Act of 1946 (22 U.S.C.
861 - 890) is amended by adding at the end thereof the following new
part:
" Sec. 451. If he finds it to be in the best interests of the
Service, the Secretary may, under such conditions as he may determine,
pay special allowances, in addition to compensation otherwise
authorized, to Foreign Service officers who are required because of the
nature of their assignments to perform additional work on a regular
basis in substantial excess of normal requirements.".
(b) The amendment made by this section // 22 USC 896. // shall take
effect on October 1, 1978.
ORGANIZATIONS
Sec. 403. (a) Section 576 of the Foreign Service Act of 1946 (22 U.
S.C. 966) is amended--
(1) in the section heading by inserting " OR PRIVATE NONPROFIT"
immediately after " PUBLIC";
(2) in subsection (a) (1)--,
service
as such officers" and inserting in lieu thereof "after
their
seventh year of service (counting service as a Foreign
Service
officer and prior service as a Foreign Service
Reserve officer)"; and
(3) at the end of subsection (a) (2) by inserting the
following: " Reimbursement for an assignment to a Member or
office of the Senate shall be made at the rate of one-half of the
current salary of the Foreign Service officer (who shall continue
to be paid his or her full salary by the Department of State).";
and
(4) by striking out subsection (f) and inserting in lieu
thereof the following new subsection:
"(f) The Secretary may reimburse a Foreign Service officer for
relocation expenses incident to household moves necessitated by an
assignment under this section for which the officer is not entitled to
be reimbursed under any other provision of law. For purposes of such
reimbursement, regulations issued pursuant to section 5724a(a) (3) of
title 5, United States Code, shall apply to the same extent as if the
officer were entitled to be reimbursed for travel and transportation
expenses under section 5724(a) of that title.".
(b) Section 576(f) of the Foreign Service Act of 1946, // 22 USC 966.
// as added by subsection (a) (4) of this section, shall take effect on
October 1, 1978, but shall apply with respect to relocation expenses
incurred after the date of enactment of this Act.
Sec. 404. Part D of title VI of the Foreign Service Act of 1946 (22
U.S.C. 1001 - 1008) // 22 USC 1009. // is amended by adding at the end
thereof the following new section:
" Sec. 639. In order to facilitate their transition from the
Service, the Secretary may provide professional career counseling,
advice, and placement assistance, by contract or otherwise (subject to
the availability of appropriations), to officers and employees of the
Service, other than those separated for cause.".
Sec. 405. (a) (1) Title VII of the Foreign Service Act of 1946 (22
U.S.C. 1041 - 1047) is amended by adding at the end thereof the
following new section:
MEMBERS
Sec. 708. (a) To facilitate orientation and language training
provided to members of families of officers and employees of the
Government pursuant to section 701, the Secretary may make grants to
family members attending language and orientation programs of study of
the Institute. No such grant may exceed the amount actually expended for
necessary costs incurred in conjunction with such attendance, and in no
event may any such grant exceed $300 per month per individual. No
individual may receive such a grant for more than six months in
connection with any one assignment.
"(b) If a member of the family of an officer or employee of the
Government who is assigned abroad is unable to participate in language
training provided by the Department at the Institute or elsewhere, the
Secretary may partially compensate that family member for language
training, related to the assignment abroad, which is undertaken at a
public or private institution.".
(2) The amendment made by paragraph (1) of this subsection // 22 USC
1048. // shall take effect on October 1, 1978.
(b) Not later than January 1, 1980, the Secretary of State shall
transmit to the Speaker of the House of Representatives and the chairman
of the Committee on Foreign Relations of the Senate a report on the
programs authorized by the amendment made by this section. The
Secretary shall include in this report a recommendation with regard to
whether those programs should remain in effect, be modified, or be
terminated.
Sec. 406. Notwithstanding the first sentence of section 821(a) of
the Foreign Service Act of 1946 (22 U.S.C. 1076(a)), // 22 USC 1076. //
the annuity of any participant in the Foreign Service Retirement and
Disability System whose salary was or is limited by the provisions of
section 5308 of title 5, United States Code, and who retires during the
period beginning October 1, 1978, and ending December 31, 1979, shall be
equal to 2 per centum of his or her basic salary for the highest year of
service for which contributions have been made to the Foreign Service
Retirement and Disability Fund multiplied by the number of years, not
exceeding thirty-five, of service credit obtained in accordance with the
provisions of sections 851 and 853 of the Foreign Service Act of 1946
(22 U.S.C. 1091and 1093).
Sec. 407. (a) Section 911(9) of the Foreign Service act of 1946 (22
U.S.C. 1136(9)) is amended by inserting "or to the United States"
immediately after "serving" the second place it appears.
(b) The amendment made by subsection (a) // 22 USC 1136. // shall
take effect on October 1, 1978.
ASSIGNMENTS
Sec. 408. (a) Section 911(10) of the Foreign Service Act of 1946 (22
U.S.C. 1136(10)) is amended by striking out "his" and inserting in lieu
thereof "or from a".
(b) The amendment made by subsection (a) // 22 USC 1136. // shall
take effect on October 1, 1978.
Sec. 409. (a) Section 911 of the Foreign Service Act of 1946 (22 U.
S.C. 1136) is amened--
(1) by striking out the period at the end of paragraph (11) and
inserting in lieu thereof ";and"; and
(2) by adding at the end thereof the following new paragraph:
"(12) without regard to rates provided under the authority of
section 5702 of title 5, United States Code, the travel expenses
of employees of the Department on protective security missions
within the United States, its territories and possessions, the
commonwealth of Puerto Rico, and the Canal Zone, at not to exceed
the cost of lodging plus $24 per day.".
(b) The amendments made by subsection (a) // 22 USC 1136. // shall
take effect on October 1, 1978.
Sec. 410. Section 412(b) of the Foreign Relations Authorization Act,
Fiscal Year 1978, // 22 USC 867. // is repealed.
AREAS
Sec. 411. (a) Subchapter III of chapter 59 of title 5, United States
Code, is amended by adding at the end thereof the following new section:
"sec. 5926. Compensatory time off at certain posts in foreign areas
"(a) Under regulations prescribed pursuant to this subchapter, and
notwithstanding subchapter V of chapter 55 of this title // 5 USC 5541.
// or any other law, the head of an agency may, on request of an
employee serving in a foreign area--,
be maintained on a substantially continuous basis, grant the
employee compensatory time off for an equal amount of time spent
in regularly scheduled overtime work; or
"(2) at a post in a locality that customarily observes
irregular hours of work or where other special conditions are
present, in order to cope with those special circumstances, grant
the employee compensatory time off for an equal amount of time
spent in regularly scheduled overtime work for use during the pay
period in which it is earned.
Credit for compensatory time off earned under paragraph (2) shall not
form the basis for any additional compensation.
"(b) Compensatory time earned under this section shall be for use
only while the employee is assigned to the post where it is earned. Any
such compensatory time not used at the time the employee is reassigned
to another post shall be forfeited.".
(b) The section analysis for such chapter is amended by inserting the
following new item immediately after the item relating to section 5925:
"5926. Compensatory time off at certain postss in foreign areas.".
Sec. 412. (a) Section 444(c) (1) (B) of the Foreign Service Act of
1946 (22 U.S.C. 889(c) (1) (B) is amended by striking out "chapter 8"
and inserting in lieu thereof "chapter 81".
(b) Section 411(a) of the Foreign Relations Authorization Act, Fiscal
Year 1978, // 22 USC 1004. // is amended by striking out "section 824"
and inserting in lieu thereof "section 821".
(c) The amendments made by this section // 22 USC 889. // shall be
effective as of August 17, 1977.
Sec. 413. (a) The Congress finds that--,
(1) since 1960, the United States has expanded its diplomatic
representation abroad from approximately eighty countries to
approximately one hundred and thirty countries;
(2) despite such expanded responsibilities, and despite a
significantly increased consular workload in all countries in
which the United States is represented, the total number of
personnel of the Department of State has remained approximately
the same; and
(3) although the responsibilities and necessary qualifications
for individual Foreign Service positions continue to change,
compensation for Foreign Service personnel continues to be linked
to compensation for General Schedule employees at a level
established year ago
(b) It is therefore the sense of the Congress that the Secretary of
State should conduct a thorough review of the personnel needs of the
Foreign Service and of the suitability of the current compensation
system.
(c) Not later than January 20, 1979, the Secretary of State shall
transmit to the Speaker of the House of Representatives and to the
chairman of the Committee on Foreign Relations of the Senate a report
setting forth fully and completely--,
(1) the results of such review; and
(2) such recommendations as the Secretary finds appropriate.
Sec. 501. The Congress finds that--,
(1) the consequences of modern scientific and technological
advances are of such major significance in United States foreign
policy that understanding and appropriate knowledge of modern
science and technology by officers and employees of the United
States Government are essential in the conduct of modern
diplomacy;
(2) many problems and opportunities for development in modern
diplomacy lie in scientific and technological fields;
(3) in the formulation, implementation, and evaluation of the
technological aspects of United States foreign policy, the United
States Government should seek out and consult with both public and
private industrial, academic, and research institutions concerned
with modern technology; and
(4) the effective use of science and technology in
international relations for the mutual benefit of all countries
requires the development and use of the skills and methods of
long-range planning.
Sec. 502. In order to maximize the benefits and to minimize the
adverse consequences of science and technology in the conduct of foreign
policy, the Congress declares the following to be the policy of the
United States:
(1) Technological opportunities, impacts, changes, and threats
should be anticipated and assessed, and appropriate measures
should be implemented to influence such technological developments
in ways beneficial to the United States and other countries.
(2) The mutually beneficial applications of technology in
bilateral and multilateral agreements and activities involving the
United States and foreign countries or international organizations
should be recognized and supported as an importat element of
United States foreign policy.
(3) The United States Government should implement appropriate
measures to insure that individuals are trained in the use of
science and technology as an instrument in international relations
and that officers and employees of the United States Government
engaged in formal and informal exchanges of scientific and
technical information, personnel, and hardware are knowledgeable
in international affairs.
(4) In recognition of the environmental and technological
factors that change relations among countries and in recognition
of the growing interdependence between the domestic and foreign
policies and programs of the United States, United States foreign
policy should be continually reviewed by the executive and
legislative branches of the Government to insure appropriate and
timely application of science and technology to the conduct of
United States foreign policy.
Sec. 503. The President, in consulation with the Director of the
Office of Science and Technology Policy and other officials whom the
President considers appropriate, shall--,
(1) notwithstanding any other provision of law, insure that the
Secretary of State in informed and consulted before any agency of
the United States Government takes any major action, primarily
involving science or technology, with respect to any foreign
government or international organization;
(2) identify and evaluate elements of major domestic science
and technology programs and activities of the United States
Government with significant international implications;
(3) identify and evaluate international scientific or
technological developments with significant implications for
domestic programs and activities of the United States Govenment;
and
(4) assess and initiate appropriate international scientific
and technological activities which are based upon domestic
scientific and technological activities of the United States
Government and which are beneficial to the United States and
foreign countries.
(b) The President shall study and not later than January 31, 1980,
and not later than January 31 of each year thereafter, shall transmit to
the Congress a report containing recommendations with respect to--,
(1) personnel requirements, and standards and training for
service of officers and employees of the United States Government,
with respect to assignments in any Federal agency which involve
foreign relations and science or technology; and
(2) the continuation of existing bilateral and multilateral
activities and agreements primarily involving science and
technology, including (A) an analysis of the foreign policy
implications and the scientific and technological benefits of such
activities or agreements for the United States and other parties,
(B) the adequacy of the funding for and administration of such
activities and agreements, and (C) plans for future evaluation of
such activities and agreements on a routine basis.
(c) Except as otherwise provided by law, nothing in this setion shall
be construed as requiring the public disclosure of sensitive information
relating to interlligence sources or methods or to persons engaged in
monitoring scientific or technological developments for intelligence
purposes.
Sec. 504, (a) In order to implement the policy set forth in section
502 of this title, // 22 USC 2656d. // the Secretary of State
(hereafter in this section referred to as the " Secretary") shall have
primary responsibility for coordination and oversight with respect to
all major science or science and technology agreements and activities
between the United States and foreign countries, international
organizations, or commissions of which the United States and one or more
foreign countries are members.
(b) The Secretary shall, to such extent or in such amounts as are
provided in appropriation Act, enter into long-term contracts, including
contracts for the services of consultants, and shall make grants and
take other appropriate measures in order to obtain studies, analyses,
and recommendations from knowledgeable persons and organizationes with
respect to the application of science or technology to problems of
foreign policy.
(c) The Secretary shall, to such extent or in such amounts as are
provided in appropriation Acts, enter into short-term and long-term
contracts, including contracts for the services of consultants, and
shall make grants and take other appropriate measures in order to obtain
assistance from knowledgeable persons and organizations in training
officers and employees of the United States Government, at all levels of
the Foreign Service and Civil Service--,
(1) in the application of science and technology to problems of
United States foreign policy and international relations
generally; and
(2) in the skills of long-range planning and analysis with
respect to the scientific and technological aspects of United
States foreign policy.
(d) In obtaining assistance pursuant to subsection (c) in training
personnel who are officers or emplyees of the Department of State, the
Secretary may provide for detached services for graduate study at
accredited colleges and universities.
(e) Not later than January 20, 1979, the Secretary shall transmit to
the Committee on Appropriations and the Committee on International
Relations of the House of Representatives, and to the Committee on
Appropriations and the Committee on Foreign Relations of the Senate, a
report on the implementation of the responsibilities of the Secretary
under this title. Such report shall include the following information:
an assessment of the personnel required in order to carry out such
responsibilities; existing and planned programs for research and
analysis to support long-range planning for the application of science
and technology to foreign policy; existing and planned programs for
training officers and employees of the United States Govenment pursuant
to subsection (c) of this section; and existing and planned programs to
enter into long-term contracts with academic and other organizations for
assistance in training and in obtaining studies, analyses, and
recommendations with respect to the application of science or technology
to problems of foreign policy.
Sec. 601. (a) The Congress finds that--,
(1) a series of multilateral meetings scheduled to convene in
1978 and 1979 (including the twentieth General Conference of the
United Nations Educational, Scientific, and Cultural Organization;
the Thirty-second United Nations General Assembly; the United
Nations Conference on Science and Technology for Development and
the World Administrative Radio Conference of the International
Telecommunications Union) will address a complex variety of
international communications and information issues and will
likely, through the promulgation of binding agreements relating to
such issues, have a significant and lasting effect on the free
flow of information and ideas among the countries of the world;
and
(2) since the United States is the leading user of
communications channels and information in the world, the United
States government should have a comprehensive policy regarding the
various communications and information issues that have entered
international discussions and should establish an effective
mechanism by wich to develop and coordinate United States policy
on such issues.
(b) Not later than January 20, 1979, the President shall transmit to
the Speaker of the House of Representatives, and to the chairman of the
Committee on Foreign Relations and the chairman of the Committee on
Commerce, Science, and Transportation of the Senate, a report describing
fully and completely--,
(1) procedures the President has established by which to
develop and maintain a comprehensive United States policy
regarding international communications and information issues;
and
(2) goals and positions of the United States with regard to
anticipated international meetings which will address
communications and information issues.
The President shall transmit supplementary reports to the Congress as
modifications, if any, occur in such goals and positions.
Sec. 602. It is the sense of the Congress that the President should
convey to all countries having an interest in cetacean sea life the
serious concern of the Congress regarding the continuing destruction of
these marine mammals (highlighted by the recent slaughter of dolphins in
the Sea of Japan by Japanese fishermen) and should encourage such
countries--,
(1) to join in international discussions with other such
countries in order to advance general understanding of cetacean
life and thereby facilitate an effective use of the living marine
resources of the world which does not jepardize the natural
balance of the aquatic environment;
(2) to participate in an exchange of information with the
National Marines Fisheries Service of the United States Department
of Commerce, including cooperation in studies of--,
(3) to cooperate in establishing an international cetacean
commission to advance understanding of cetacean life and to insure
the effective conservation and protection of cetaceans on a global
scale; and
(4) to adopt comprehensive marine mammal protection
legislation.
Sec. 603. (a) The Congress finds that--,
(1) news dissemination and the free flow of information across
national boundaries are vital to international understanding and
to healthy relations among countries; and
(2) recurring and reliable reports strongly indicate that in
many countries foreign news correspondents are subject to
governmental harassment and restriction, including the denial of
access to legitimate news sources, the imposition of censorship
and detention, incarceration, and expulsion.
(b) It is therefore the sense of the Congress that the President
should--,
(1) advise the appropriate officials of any foreign government
wich subjects foreign news correspondents to harassment and
restrictions that the United States considers such mistreatment a
significant and potentially damaging factor in overall relations
of the United States with such country; and
(2) raise in appropriate international forums the issue of the
treatament of foreign news correspondents, with a view toward
gaining multilateral support for the legitimate rights of such
correspondents.
(c) Not later than January 20, 1979, the President shall transmit to
the Speaker of the House of Representatives and the chairman of the
Committee on Foreign Relations of the Senate a report describing fully
and completely actions taken pursuant to subsection (b).
Sec. 604. (a) The Congress finds that--,
(1) half a billion people suffer regularly from malnutrition or
undernutrition;
(2) even very modest shortfalls in crop production can result
in greatly increased human suffering, and undercut the benefits of
bilateral and multilateral assistance programs, in poor developing
countries with chronic food deficits;
(3) increasing variability in world food production and trade
present a serious threat not only to consumers but also to
producers;
(4) the World Food Conference recognized the urgent need for an
international undertaking to achieve system of world food security
based largely upon strategic food reserves:
(5) the Congress through legislation has repeatedly urged the
President to negotiate with other nations to establish such a
system of reserves;
(6) although the nations of the world have agreed to begin
discussions on a system of grain reserves to regulate food
availability, agreement on a global network of nationally held
reserves still eludes the international community;
(7) while some progress has taken place in the United States in
creating domestic farmer held reserves, the scale of such reserves
does not insure adequate protection against fluctuations in world
production and price; and
(8) the United States, as the world's leading producer of
food-stuffs, remains in a unique position to provide the
leadership necessary to make world food security a reality.
(b) It is therefore the sense of the Congress that the President
should continue his effort directed toward achievement of an agreement
establishing an international network of nationally held grain reserves
which provides for supply assurance to consumers and income security to
producers.
Sec. 605. (a) The Congress finds that--,
(1) the Senate, in rendering its advice and consent to
ratification of the Treaty of Friendship and Cooperation between
the United States and Spain (signed on January 24, 1976), declared
it hope and intent that the Treaty would serve to support and
foster Spain's progress toward free institutions;
(2) this declaration reflected the strong desire of the United
States Government and the American people to see a restoration of
democracy in Spain and an expansion of mutually beneficial
relations between Spain and the democracies of America and Europe;
and
(3) political developments in Spain during the past two years
constitute a major step toward the construction of a stable and
lasting Spanish democracy.
(b) The Congress finds further that--,
(1) the masterpiece " Guernica", painted by Pablo Picasso, has
for four decades been a powerful and poignant symbol of the horror
of war;
(2) this treasured painting, while universal in its
significance, holds special meaning for the people of Spain by its
representation of the tragic civil war which destroyed Spanish
democracy;
(3) Pablo Picasso, having painted " Guernica" for the Spanish
Republican Government and concerned for Spain's future when that
government fell, stipulated that the painting should remain in the
custody of the Museum of Modern Art in New York until Spanish
democracy had been restored; and
(4) the United States and Spain, in a Supplementary Agreement
entered into with the Treaty of Friendship and Cooperation, have
commited themselves to expand their cooperation in the fields of
education and culture.
(c) It is therefore the sense of the Congress, anticipating the
continuance of recent promising developments in Spanish political life,
that "" Guernica" should, at some point in the near future and through
appropriate legal procedures, be transferred to the people and
Government of a democratic Spain.
(d) It is further the sense of the Congress that the American people,
having long benefited from this treasure and admiring Spain's
achievement, would wish, as an expression of appreciation and
congratulation upon the transfer of " Guernica" to Spain, to assist in
the prepartion of facilities for the permanent display of the painting,
if such assistance is found to be appropriate by the elected leaders of
Spain.
STATES FOREIGN
RELATIONS
Sec. 606. (a) The Congress finds that those provisions of United
States statutes which authorize or require suspension of or
discrimination with respect to all trade between the United States and a
particular foreign country and which affect, directly and significantly,
the conduct of the Unied States foreign relations should be periodically
reevaluated by the President and the Congress.
(b) Therefore, not later than January 20, 1979, the President shall
transmit to the Speaker of the House of Representatives, and to the
chairman of the Committee on Foreign Relations and the chairmen of other
appropriate committee of the Senate, a report which--,
(1) identifies all statutory provisions which provide for such
discriminatory trade practices;
(2) evaluates each such practice; and
(3) recommends, in the form of draft legislation, such
amendments to those provisions as the President certifies would in
his judgment advance United States foreign policy intersts.
Sec. 607. The Congress finds that the conduct of diplomatic
relations with a foreign government has as its principal purpose the
discussion and negotiation with that government of outstanding issues
and , like the recognition of a foreign government, does not in itself
imply approval of that government or of the political-economic system it
represents.
Sec. 608. (a) The Congress finds that--,
(1) no international regime governs the use of nuclear-powered
satellites in space;
(2) the unregulated use of such technology poses the
possibility of catastrophic damage to human life and the global
environment; and
(3) this danger has been evidenced by mishaps encountered,
despite certain precautions, by nuclear-powered satellites of both
the United States and the Soviet Union.
(b) It is therefore the sense of the Congress that the United States
should take the initiative immediately in seeking a multilateral
agreement governing the use of nuclear-powered satellites in space.
(c) Not later than January 20, 1979, the Secretary of State shall
transmit to the Speaker of the House of Representatives and the chairman
of the Committee on Foreign Relations of the Senate a report on action
taken by the United States Government pursuant to subsection (b).
Sec. 609. (a) The Congress finds that--,
(1) increasing global dependence on fossil fuels, particularly
oil and natural gas, when existing supplies are rapidly being
depleted, is costly to developed and developing countries both
environmentally and economically;
(2) the uncontrolled spread of nuclear power carries serious
dangers due to waste pollution and the possibility of accidents or
material diversion;
(3) expanded development and use of alternate, nonconventional,
or renewable sources of energy (including solar energy, wind,
biomass waste materials, and alcohol fuels) could assist all
countries in satisfying rising energy demands, while reducing
environmental and economic risk;
(4) no international agency exists at present which assists
countries in exchanging information and technical assistance
concerning energy-related problems or which promotes the
development and use of alternate energy sources; and
(5) an international agency performing these functions could be
of benefit to all countries and could be particularly effective in
assisting developing countries to become more self-sufficient and
thereby to increase their standard of living.
(b) It is therefore the sense of the Congress that the United States
should encourage the United Nations to convene a World Alternate Energy
Conference in 1981 for the purpose of considering ways to meet the
energy needs of the world through the development and use of alternate
energy sources. Among proposals considered at such a conference should
be the establishment, under United Nations auspices, of an International
Alternate Energy Commission to encourage the worldwide use of alternate
energy sources by assisting in the dissemination of information and by
other appropriate means.
(c) Not later than January 20, 1980, the Secretary of State shall
transmit to the Speaker of the House of Representatives and the chairman
of the Committee on Foreign Relations of the Senate a report on actions
taken pursuant to subsection (b).
Sec. 610. (a) The Congress finds that reliable reports of events in
Cambodia and Uganda attest to the existence of government practices in
those countries of such systematic and extensive brutality as to require
special notice and continuing condemnation by outside observers.
(b) Recognizing the limited direct influence of the United States in
Cambodia and Uganda, the Congress urges the President to move
aggressively to support multilateral action by the United Nations and
other international organizations, and to encourage bilateral action by
countries having more extensive relations with Cambodia and Uganda, to
bring an end to the brutal and inhumane practices of the governments of
those two countries.
(c) Not later than January 20, 1979. the Secretary of State shall
transmit to the Speaker of the House of Representatives and the chairman
of the Committee on Foreign Relations of the Senate a report describing
fully and completely actions taken pursuant to subsection (b).
(d) It is the sense of the Congress that the President should--,
(1) prohibit the export of military, paramilitary, and police
equipment to Uganda;
(2) direct that the visa application of any official or
employee of the Government of Uganda seeking to enter the United
States for the purpose of military, paramilitary, or police
training, may
be approved by a consular officer only after the appropriate official
of the Department of State in Washington has reviewed the
application and has determined that the Government of Uganda has
demonstrated a proper respect for the rule of law and for
internationally recognized human rights; and
(3) instruct the Permanent Representative of the United States
to the United Nations to submit to the Security Council of the
United Nations for its consideration a resolution imposing a
mandatory arms embargo on Uganda by all members of the United
Nations.
LIVING ABROAD
Sec. 611. (a) The Congress finds that--,
(1) United States citizens living abroad should be provided
fair and equitable treatment by the United States Government with
regard to taxation, citizenship of progeny, veterans' benefits,
voting rights, Social Security benefits, and other obligations,
rights, and benefits; and
(2) such fair and equitable treatment would be facilitated by a
periodic review of statutes and regulations affecting Americans
living abroad.
(b) Not later than January 20, 1979, the President shall transmit to
the Speaker of the House of Representatives and the chairman of the
Committee on Foreign Relations of the Senate a report which--,
(1) identifies all United States statutes and regulations which
discriminate against United States citizens living abroad;
(2) evaluates each such discriminatory practice; and
(3) recommends legislation and any other remedial action the
President finds appropriate to eliminate unfair or inequitable
treatment of Americans living abroad.
Sec. 612. (a) The Congress finds that--,
(1) the United States and Canada share a common environment
along a 5,500 mile border;
(2) the United States and Canada are both becoming increasingly
concerned about the effects of pollution, particularly that
resulting from power generation facilities, since the facilities
of each country affect the environment of the other;
(3) the United States and Canada have subscribed to
international conventions; have joined in the environmental work
of the United Nations, the Organization for Economic Cooperation
and Development, and other international environmental forums;
and have entered into and implemented effectively the provisions
of the historic Boundary Waters Treaty of 1909; and
(4) the United States and Canada have a tradition of
cooperative resolution of issues of mutual concern which is
nowhere more evident than in the environmental area.
(b) It is the sense of the Congress that the President should make
every effort to negotiate a cooperative agreement with the Government of
Canada aimed at preserving the mutual airshed of the United States and
Canada so as to protect and enhance air resources and insure the
attainment and maintenance of air quality protective of public health
and welfare.
(c) It is further the sense of the Congress that the President,
through the Secretary of State working in concert with interested
Federal agencies and the affected States, should take whatever
diplomatic actions appear necessary to reduce or eliminate any
undesirable impact upon the United States and Canada resulting from air
pollution from any source.
Sec. 613. (a) The Congress finds that--,
(1) the President authorized the exchange of notes of May 30,
1977, between the Governments of the United States and Cuba which
established an Interests Section for the United States in the
Embassy of Switzerland in Havana and an Interests Section for Cuba
in the Embassy of Czechoslovakia in Washington;
(2) the President has the authority under the Export
Administration Act of 1969 to limit trade with Cuba being
conducted by subsidiaries of American firms operating in third
countries;
(3) the President has the power to sever all diplomatic and
economic relations with Cuba; and
(4) there has been a sharp increase in the number of Cuban
military personnel serving in Africa in the past year.
(b) It is therefore the sense of the Congress that the President
should--,
(1) undertake a comprehensive review of United States
diplomatic and economic relations with Cuba; and
(2) not later than January 20, 1979, transmit to the Speaker of
the House of Representatives and the chairman of the Committee on
Foreign Relations of the Senate a report based on such review.
Sec. 614. (a) The Congress, noting United Nations General Assembly
Resolution 3376 (XXX) which established the Committee on the Exercise of
the Inalienable Rights of the Palestinian People and noting United
Nations General Assembly Resolutions 32/40/ A and
32/40/ B which continued the mandate of that Committee and requested
that the Secretary General establish within the Secretariat of the
United Nations a Special Unit on Palestinian Rights, declares that--,
(1) the continuation of the Committee on the Exercise of the
Inalienable Rights of the Palestinian People and the creation of
the Special Unit on Palestinian Rights are wasteful expenditures
of limited United Nations resources at a time when the United
Nations is experiencing severe financial difficulties and when the
United Nations is under close scrutiny from contributing
members;
(2) the work of the Committee on the Exercise of the
Inalienable Rights of the Palestinian People does not contribute
to the process of peacemaking underway at present in the Middle
East; and
(3) the United States Ambassador to the United Nations should
be instructed to continue to oppose extensions of the mandate of
that Committee as well as extensions of the Special Unit on
Palestinian Rights.
(b) It is the sense of the Congress that the President should direct
the Permanent Representative of the United States to the United Nations
to use all means at his disposal to obtain action by the General
Assembly terminating the Committee on the Exercise of the Inalienable
Rights of the Palestinian People and the Special Unit on Palestinian
Rights.
Sec. 701. (a) Section 3 of the Act entitled " An Act to authorize a
permanent annual appropriation for the maintenance and operation of the
Gorgas Memorial Laboratory", approved May 7, 1928 (22 U.S.C. 278a), is
amended in the first sentence--,
(1) by striking out "annually, on the first Monday in December"
and inserting in lieu thereof ", on April 1 of each year"; and
(2) by striking out "up to the first of November next
preceding" and inserting in lieu thereof "during the fiscal year
ending the preceding September 30".
(b) Title I of the Departments of State, Justice, and Commerce
Appropriation Act, 1945, // 58 Stat. 395. // is amended in the first
paragraph under the heading " INTERNATIONAL OBLIGATIONS" by striking out
": Provided," and all that follows through "each such session" (22
U.S.C. 278b).
Sec. 702. (a) Section 7(a) of the Act entitled " An Act to establish
a Commission on Security and Cooperation in Europe", approved June 3,
1976 (22 U.S.C. 3007(a), is amended by striking out "$350,000" and
inserting lieu thereof "$550,000".
Sec. 703. (a) Section 6 of the Japan-United States Friendship Act (22
U.S.C. 2905) is amended--,
(1) by striking out "and" at the end of paragraph (9);
(2) by striking out the period at the end of paragraph (10) and
inserting in lieu thereof "; and"; and
(3) by inserting immediately after paragraph (10) the following
new paragraph:
"(11) transmit its official mail as penalty mail in the same
manner and upon the same conditions as an officer of the United
States other than a Member of Congress is permitted to transmit
official mail as penalty mail under section 3202 of title 39 of the
United States Code.".
(b) The amendments made by this section // 22 USC 2905. // shall
take effect on October 1, 1978.
Sec. 704. Effective October 1, 1978, there is authorized to be
appropriated to the President $60,000,000 for the purpose of acquiring
tin metal to contribute to the buffer stock of the International Tin
Council established under the Fifth International Tin Agreement.
Sec. 705. (a) None of the funds authorized to be appropriated in this
Act may be used for the purpose of reparations, aid or any other form of
payment to the Socialist Republic of Vietnam.
(b) The President shall continue to take all possible steps to obtain
a final accounting of all Americans missing in action in Vietnam.
Sec. 706. Notwithstanding the limitations established by section
1117 of the Federal Aviation Act of 1958 (49 U.S.C. 1517), // 49 USC
1518. // funds appropriated after the date of enactment of this Act to
the Department of State, the International Communication Agency, the
Agency for International Development (or any successor agency), and the
Arms Control and Disarmament Agency may be used to pay for the
transportation, between two places both of which are outside the United
States, of officers and employees of those agencies, their dependents,
and accompanying baggage, aboard air carriers which do not hold
certificates under section 401 of that Act. // 49 USC 1371. //
Sec. 707. (a) Subsection (a) of section 215 of the Immigration and
Nationality Act (8 U.S.C. 1185) is amended by striking out " When the
United States" and all that follows through "be unlawful" and inserting
in lieu thereof " Unless otherwise ordered by the President, it shall be
unlawful".
(b) Subsection (b) of such section is amended to read as follows:
"(b) Except as otherwise provided by the President and subject to
such limitations and exceptions as the President may authorize and
prescribe, it shall be unlawful for any citizen of the United States to
depart from or enter, or attempt to depart from or enter, the United
States unless he bears a valid passport.".
(c) Subsection (f) of such section is amended by striking out
"proclamation," both places it appears.
(d) Such section is further amended by striking out subsection (c)
and redesignating subsections (d), (e), (f), and (g) as subsections (c),
(d), (e), and (f), respectively.
(e) The heading of such section is amended to read as follows:
" TRAVEL DOCUMENTATION OF ALIENS AND CITIZENS".
(f) The item relating to section 215 in the table of contents of the
Immigration and Nationality Act is amended to read as follows:
" Sec. 215. Travel documentation of aliens and citizens.".
AGREEMENTS
Sec. 708. Section 112b of title 1, United States Code, is amended--,
(1) by inserting "(including the text of any oral international
agreement, which agreement shall be reduced to writing)"
immediately after "international agreement" in the first sentence;
(2) by inserting "(a)" immediately before the first sentence;
and
(3) by adding at the end thereof the following new subsections:
"(b) Not later than March 1, 1979, and at yearly intervals
thereafter, the President shall, under his own signature, transmit to
the Speaker of the House of Representatives and the chairman of the
Committee on Foreign Relations of the Senate a report with respect to
each international agreement which, during the preceding year, was
transmitted to the Congress after the expiration of the 60-day period
referred to in the first sentence of subsection (a), describing fully
and completely the reasons for the late transmittal.
"(c) Notwithstanding any other provision of law, an international
agreement may not be signed or otherwise concluded on behalf of the
United States without prior consultation with the Secretary of State.
Such consultation may encompass a class of agreements rather than a
particular agreement.
"(d) The Secretary of State shall determine for and within the
executive branch whether an arrangement constitutes an international
agreement within the meaning of this section.
"(e) The President shall, through the Secretary of State, promulgate
such rules and regulations as may be necessary to carry out this
section.".
Sec. 709. None of the funds authorized to be appropriated by this
Act // 22 USC 2151. // may be used directly or indirectly to effect
implementation of the Panama Canal Treaty or the Treaty Concerning the
Permanent Neutrality and Operation of the Panama Canal, each signed on
September 7, 1977, unless authorized by the Constitution or by Act of
Congress.
Sec. 710. The first section of the Act entitled " An Act to
authorize participation by the United States in the Interparliamentary
Union", approved June 28, 1935 (22 U.S.C. 276), is amended by striking
out "$45,000" in paragraph (2) and inserting in lieu thereof "$90,000".
Sec. 711. There are authorized to be appropriated $1,500,000 for the
fiscal year 1979 and $1,500,000 for the fiscal year 1980 for a
commission on global hunger and malnutrition to be created by Executive
order by the President. This commission shall (1) assess the policies,
organization, and structure of current Federal programs which have an
impact on hunger and malnutrition; (2) coordinate, sponsor, and oversee
such projects, studies, events, and other activities as the commission
deems necessary or desirable, making maximum use of past and ongoing
related efforts; (3) conduct such studies, inquiries, meetings, and
hearings as the commission deems necessary; and (4) make
recommendations to the President and the Congress on policies to
increase the capacity of the United States to reduce hunger and
malnutrition. Funds authorized to be appropriated by this section shall
be expended under the direction of the chairman of the commission.
AND SENATE
employees
Sec. 712. (a) Section 7342(a) (6) of title 5, United States Code, is
amended--,
(1) by striking out "(e)" in subparagraph (A) and inserting in
lieu thereof "(e) (1)"; and
(2) by inserting before the semicolon at the end of
subparagraph (B) the following:", except that those
responsibilities (other than responsibilities involving approval
of the employing agency) specified in subsections (c) (2), (d),
and (g) (2) (B) shall be carried out by the Secretary of the
Senate".
(b) (1) The last sentence of section 7342(c) (2) of such title is
amended by striking out "subsection (e)" and inserting in lieu thereof
"subsection (e) (1) or provide for its disposal in accordance with
subsection (e) (2)".
(2) The last sentence of section 7342(d) of such title is amended--,
(A) by striking out "or" and inserting in lieu thereof ",for";
and
(B) by striking out "subsection (e)" and inserting in lieu
thereof "subsection (e) (1), or for disposal in accordance with
subsection (e) (2)".
(c) Section 7342(e) of such title is amended--,
(1) by striking out " Gifts" and inserting in lieu thereof "(1)
Except as provided in paragraph (2), gifts";
(2) by striking out "(1)" and "(2)" and inserting in lieu
thereof "(A)" and "(B)", respectively; and
(3) by adding at the end thereof the following new paragraph:
"(2) Gifts and decorations received by a Senator or an employee of
the Senate that are deposited with the Secretary of the Senate for
disposal, or are deposited for an official use which has terminated,
shall be disposed of by the Commission on Arts and Antiquities of the
United States Senate. Any such gift or decoration may be returned by
the Commission to the donor or may be transferred or donated by the
Commission, subject to such terms and conditions as it may prescribe,
(A) to an agency or instrumentality of (i) the United States, (ii) a
State, territory, or possession of the United States, or a political
subdivision of the foregoing, or (iii) the District of Columbia, or (B)
to an organization described in section 501(c) (3) of the Interna
Revenue Code of 1954 // 26 USC 501. // which is exempt from taxation
under section 501 (a) of such Code. Any such gift or decoration not
disposed of as provided in the preceding sentence shall be forwarded to
the Administrator of General Services for disposal in accordance with
paragraph (1). If the Administrator does not dispose of such gift or
decoration within one year, he shall, at the request of the Commission,
return it to the Commission and the Commission may dispose of such gift
or decoration in such manner as it considers proper, except that such
gift or decoration may be sold only with the approval of the Secretary
of State upon a determination that the sale will not adversely affect
the foreign relations of the United States.".
(d) In the event that the space and facilities available to the
Secretary of the Senate for carrying out his responsibilities in storing
and safeguarding property in his custody under section 7342 of title 5,
United States Code, are insufficient for such purpose, he may, with the
approval of the Committee on Rules and Administration of the Senate,
lease such space and facilities as may be necessary for such purpose.
Rental payments under any such lease and expenses incurred in connection
therewith shall be paid from the contingent fund of the Senate upon
vouchers approved by the Secretary of the Senate.
Approved October 7, 1978.
LEGISLATIVE HISTORY:
HOUSE REPORTS No. 95 - 1160 (Comm. on International Relations) and
No. 95 - 1535 (Comm. of Conference).
SENATE REPORT No. 95 - 842 accompanying S. 3076 (Comm. on Foreign
Relations).
CONGRESSIONAL RECORD, Vol. 124(1978):
May 31, considered and passed House.
June 5, S. 3076 considered in Senate.
June 28, considered and passed Senate, amended, in lieu of S.
3076
Sep. 19, House agreed to conference report.
Sep. 20, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 14, No. 41:
Oct. 10, Presidential statement.
PUBLIC LAW 95-425, 92 STAT. 962
authorize appropriations for
the Securities and Exchange Commission for fiscal
years 1979 and 1980, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 35 of the
Securities Exchange Act of 1934 (15 U.S.C. 78kk) is amended--,
(1) by striking out "and" after " September 30, 1977," in the
first sentence;
(2) by inserting before the period at the end of the first
sentence a comma and the following: "$69,000,000 for the fiscal
year ending September 30, 1979, and $79,000,000 for the fiscal
year ending September 30, 1980"; and
(3) by striking out "fiscal year 1978" in the last sentence and
inserting in lieu thereof "fiscal year 1980".
SEC. 2. Section 3(b) of the Securities Act of 1933 (15 U.S.C. 77c(
b)) is amended by striking out "$1,500,000" and inserting in lieu
thereof "$2,000,000". Approved October 6, 1978.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 1010 (Comm. on Interstate and Foreign
Commerce).
SENATE REPORT No. 95 - 1057 (Comm. on Banking, Housing, and Urban
Affairs).
CONGRESSIONAL RECORD, Vol. 124 (1978):
Apr. 4, considered and passed House.
Aug. 9, considered and passed Senate, amended.
Sept. 7, House concurred in Senate amendments with an
amendment.
Sept. 20, Senate concurred in House amendment.
PUBLIC LAW 95-424, 92 STAT. 937, International DEVELOPMENT AND FOOD
ASSISTANCE ACT OF 1978.
authorize development and
economic assistance programs for fiscal year 1979, to
make certain changes
in the authorities of that Act and the Agricultural
Trade Development and
Assistance Act of 1954, to improve the coordination
and administration of
United States development-related policies and
programs, 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 // 22 USC 2151 // may be cited as the "
International Develpment and Food Assistance Act of 1978".
SEC. 101. Chapter 1 of part I of the Foreign Assistance Act // 22 USC
2151. // of 1961 is amended by striking out section 102 and inserting
in lieu thereof the following new sections:
" SEC. 101. GENERAL POLICY.--(A) The Congress finds that fundamental
political, economic, and technological changes have resulted in the
interdependence of nations. The Congress declares that the individual
liberties, economic prosperity, and security of the people of the United
States are best sustained and enhanced in a community of nations which
respect individual civil and economic rights and freedoms and which work
together to use wisely the world's limited resources in an open and
equitable international economic system. Furthermore, the Congress
reaffirms the traditional humanitarian ideals of the American people and
renews its commitment to assist people in developing countries to
eliminate hunger, poverty, illness, and ignorance.
" Therefore, the Congress declares that a principal objective of the
foreign policy of the United States is the encouragement and sustained
support of the people of developing countries in their efforts to
acquire the knowledge and resources essential to development and to
build the economic, political, and social institutions which will
improve the quality of their lives.
" United States development cooperation policy should emphasize four
principal goals:
"(1) the alleviation of the worst physical manifestations of
poverty among the worlds's poor majority;
"(2) the promotion of conditions enabling developing countries
to achieve self-sustaining economic growth with equitable
distribution of benefits;
"(3) the encouragement of development processes in which
individual civil and economic rights are respected and enhanced;
and
"(4) the integration of the developing countries into an open
and equitable international economic system.
" The Congress declares that pursuit of these goals requires
that development concerns be fully refected in United States
foreign policy
and that United States development resources be effectively and
efficiently utilized.
"(b) Under the policy guidance of the Secretary of State, the
agency primarily responsible for administering this part should
have the responsibility for coordinating all United States
development-related activities.
" SEC. 102.
// 22 USC 2151-1. // DEVELOPMENT ASSISTANCE POLICY.--(A) The Congress
finds that the efforts of developing countries to build and
maintain the social and economic institutions necessary to achieve
self-sustaining growth and to provide opportunities to improve the
quality of life for their people depend primarily upon
successfully marshalling their own economic and human resources.
The Congress recognizes that the magnitude of these efforts
exceeds the resources of developing countries and therefore
accepts that there will be a long-term need for wealthy countries
to contribute additional resources for development purposes. The
United States should take the lead in concert with other nations
to mobilize such resources from public and private sources.
" Provision of development resources must be adapted to the
needs and capabilities of specific developing countries. United
States assistance to countries with low per capita incomes which
have limited access to private external resources should primarily
be provided on concessional terms. Assistance to other developing
countries should generally consist of programs which facilitate
their access to private capital markets, investment, and technical
skills, whether directly through guarantee or reimbursable
programs by the United States Government or indirectly through
callable capital provided to the international financial
institutions.
" Bilateral assistance and United States participation in
multilateral institutions shall emphasize programs in support of
countries which pursue development strategies designed to meet
basic human needs and achieve self-sustaining growth with equity.
" The Congress declares that the principal purpose of United
States bilateral development assistance is to help the poor
majority of people in developing countries to participate in a
process of equitable growth through productive work and to
influence decisions that shape their lives, with the goal of
increasing their incomes and their access to public services which
will enable them to satisfy their basic needs and lead lives of
decency, dignity, and hope. Activities shall be emphasized that
effectively involve the poor in development by expanding their
access to the economy through services and institutions at the
local level, increasing their participation in the making of
decisions that affect their lives, increasing labor-intensive
production and the use of appropriate technology, expanding
productive investment and services out from major cities to small
towns and rural areas, and otherwise providing opportunities for
the poor to improve their lives through their own efforts.
Participation of the United States in multilateral institutions
shall also place appropriate emphasis on these principles.
"(b) Assistance under this chapter should be used not only for
the purpose of transferring financial resources to developing
countries, but also to help countries solve development problems
in accordance with a strategy that aims to insure wide
participation of the poor in the benefits of development on a
sustained basis. Moreover, assistance shall be provided in a
prompt and effective manner, using appropriate
United States institutions for carrying out this strategy. In order to
achieve these objectives and the broad objectives set forth in section
101 and in subsection (a) of this section, bilateral development
assistance authorized by this Act shall be carried out in accordance
with the following principles:
"(1) Development is primarily the responsibility of the people
of the developing countries themselves. Assistance from the
United States shall be used in support of, rather than
substitution for, the self-help efforts that are essential to
successful development programs and shall be concentrated in those
countries that take positive steps to help themselves. Maximum
effort shall be made, in the administration of this part, to
stimulate the involvement of the people in the development process
through the encouragement of democratic participation in private
and local governmental activities and institution building
appropriate to the requirements of the recipient countries.
"(2) Development planning must be the responsibility of each
sovereign country. United States assistance should be
administered in a collaborative style to support the development
goals chosen by each country receiving assistance.
"(3) United States bilateral development assistance should give
high priority to undertakings submitted by host governments which
directly improve the lives of the poorest of their people and
their capacity to participate in the development of their
countries, while also helping such governments enhance their
planning, technical, and administrative capabilities needed to
insure the success of such undertakings.
"(4) Development assistance provided under this chapter shall
be concentrated in countries which will make the most effective
use of such assistance to help satisfy basic human needs of poor
people through equitable growth, especially in those countries
having the greatest need for outside assistance. In order to make
possible consistent and informed judgments in this respect, the
President shall assess the commitment and progress of countries in
moving toward the objectives and purposes of this chapter by
utilizing criteria, including but not limited to the following:
"(A) increase in agricultural productivity per unit of land
through small-farm, labor-intensive agriculture;
"(B) reduction of infant mortality;
"(C) control of population growth;
"(D) promotion of greater equality of income distribution.
including measures such as more progressive taxation and more
equitable returns to small farmers;
"(E) reduction of rates of unemployment and underemployment;
and
"(F) increase in literacy. "(5) United States development
assistance should focus on critical problems in those functional
sectors which affect the lives of the majority of the people in
the developing countries; food production and nutrition; rural
development and generation of gainful employment; population
planning and health; environment and natural resources; and
education, development administration, and human resource
development.
"(6) United States assistance shall encourage and promote the
participation of women in the national economies of developing
countries and the improvement of women's status as an important
means of promoting the total development effort.
"(7) United States bilateral assistance shall recognize that
the prosperity of developing countries and effective development
efforts require the adoption of an overall strategy that promotes
efficient utilization of energy and, therefore, consideration
shall be given to the full implications of such assistance on the
price, availability, and consumption of energy in recipient
countries.
"(8) United States cooperation in development should be carried
out to the maximum extent possible through the private sector,
including those institutions which already have ties in the
developing areas, such as educational institutions, cooperatives,
credit unions, free labor unions, and private and voluntary
agencies.
"(9) To the maximum extent practicable, United States private
investment should be encouraged in economic and social development
programs to which the United States lends support.
"(10) Assistance shall be planned and utilized to encourage
regional cooperation by developing countries in the solution of
common problems and the development of shared resources.
"(11) Assistance efforts of the United States shall be planned
and furnished to the maximum extent practicable in coordination
and cooperation with assistance efforts of other countries,
including the planning and implementation of programs and projects
on a multilateral and multidonor basis.
"(12) United States bilateral development assistance should be
concentrated on projects which do not involve large-scale capital
transfers. However, to the extent that such assistance does
involve large-scale capital transfers, it should be furnished in
association with contributions from other countries working
together in a multilateral framework.
"(c) The Congress, recognizing the desirability of overcoming the
worst aspects of absolute poverty by the end of this century by,
among other measures, substantially lowering infant mortality and
birth rates, and increasing life expectancy, food production,
literacy, and employment, encourages the President to explore with
other countries, through all appropriate channels, the feasibility
of a worldwide cooperative effort to overcome the worst aspects of
absolute poverty and to assure self-reliant growth in the
developing countries by the year 2000.".
SEC. 102. (a) Chapter 1 of part I of the Foreign Assistance Act // 22
USC 2151t. // of 1961 is amended by adding at the end thereof the
following:
" SEC. 122. GENERAL AUTHORITIES.--(A) In order to carry out the
purposes of this chapter, the President is authorized to furnish
assistance, on such terms and conditions as he may determine, to
countries and areas through programs of grant and loan assistance,
bilaterally or through regional, multilateral, or private entities.".
(b) (1) Part I of such Act
// 22 USC 2161. // is further amended--,
(A) by striking out "less developed friendly" in the first
sentence in subsection (b) of section 201;
(B) by striking out everything after the first sentence in
subsection (b) of section 201 through "herein) be loaned" in
subsection (d) of such section and inserting in lieu thereof the
following:
" The President shall determine the interest payable on any
loan. In making loans under this chapter, the President shall
consider the economic circumstances of the borrower and other
relevant factors, including the capacity of the recipient country
to repay the loan at a reasonable rate of interest, except that
loans may not be made"; and
(C) by inserting subsection (b) of section 201, as amended by
subparagraphs (A) and (B) of this paragraph, immediately after
section 122(a), as added by subsection (a) of this section.
(2)(A) Section 301(a) of such Act // 22 USC 2221. // is amended by
striking out "201(d)" and inserting in lieu thereof "122(b)".
(B) Section 103(b) of the Agricultural Trade Development and
Assistance Act // 7 USC 1703. // of 1954 is amended by striking out
"201" and inserting in lieu thereof "122".
(C) Section 106(a) of the Agricultural Trade Development and
Assistance Act // 7 USC 1706. // of 1954 is amended in the second
sentence by striking out "201" and inserting in lieu thereof "122(b)".
(c)(1) Section 122 of the Foreign Assistance Act of 1961, as added by
subsection (a) of this section and as amended by subsection (b)(1) of
this section, is amended by adding at the end thereof the following new
subsection:
"(c) Dollar receipts paid during any fiscal year from loans made
under this part or from loans made under predecessor foreign assistance
legislation shall be deposited in the Treasury as miscellaneous
receipts.
"(d) Not to exceed $10,000,000 of the funds made available each
fiscal year for the purposes of this chapter may be used for assistance,
on such terms and conditions as the President may determine, to research
and educational institutions in the United States for the purpose of
strengthening their capacity to develop and carry out programs concerned
with the economic and social development of developing countries.".
(2) Section 299(a) of such Act // 22 USC 2220d. // is amended by
striking "110(b), 211(a), and 211(d)" and inserting in lieu thereof
"110(b) and 122(d)".
(d) Part I of such Act // 22 USC 2164. // is further amended--,
(1) in section 204--,
(A) by striking out " SEC. 204. DEVELOPMENT LOAN COMMITTEE.--,
and inserting in lieu thereof "(e)" and
(B) by striking out "title" and inserting in lieu thereof
"chapter"; and (2) by inserting such section, as so
redesignated and amended, at the end of section 122, as added and
amended by subsections (a) through (c) of this section.
(e) Chapter 1 of part I of such Act, as amended by subsections (a)
through (d) of this section, is further amended by adding at the end
thereof the following new section:
" SEC. 123. PRIVATE AND VOLUNTARY ORGANIZATIONS AND COOPERATIVES IN
OVERSEAS DEVELOPMENT.--(A) The Congress finds that the participation of
rural and urban poor people in their countries' development can be
assisted and accelerated in an effective manner through an increase in
activities planned and carried out by private and voluntary
organizations and cooperatives. Such organizations and cooperatives,
embodying the American spirit of self-help and assistance to others to
improve their lives and incomes, constitute an important means of
mobilizing private American financial and human resources to benefit
poor people in developing countries. The Congress declares that it is
in the interest of the United States that such organizations and
cooperatives expand their overseas development efforts without
compromising their private and independent nature. The Congress further
declares that the financial resources of such organizations and
cooperatives should be supplemented by the contribution of public funds
for the purpose of undertaking development activities in accordance with
the principles set forth in section 102. The Congress urges the
Administrator of the agency primarily responsible for administering this
part, in implementing programs authorized under this part, to draw on
the resource of private and voluntary organizations and cooperatives to
plan and carry out development activities.
"(b) In order to further the efficient use of United States voluntary
contributions for development, relief, and rehabilitation of friendly
peoples, the President is authorized to use funds made available for the
purposes of this chapter to pay transportation charges on shipments by
the American National Red Cross and by United States voluntary agencies
registered with the Advisory Committee on Voluntary Foreign Aid.
"(c) Reimbursement under this section may be provided for
transportation charges on shipments from United States ports, or in the
case of excess or surplus property supplied by the United States from
foreign ports, to ports of entry abroad or to points of entry abroad in
cases (1) of landlocked countries, (2) where ports cannot be used
effectively because of natural or other disturbances, (3) where carriers
to a specified country are unavailable, or (4) where a substantial
savings in costs or time can be effected by the utilization of points of
entry other than ports.
"(d) Where practicable, the President shall make arrangements with
the receiving country for free entry of such shipments and for the
making available by the country of local currencies for the purpose of
defraying the transportation costs of such shipments from the port or
point of entry of the receiving country to the designated shipping point
of the consignee.".
"(f) Section 115 of such Act is repealed.
(g)(1) Chapter 2 of part I of such Act, as amended by this section,
is further amended--,
"(A) by repealing title I (except sections 206 and 209), title
II except sections 214 and 219), title VI, title VII, and title
VIII;
(B) by amending the chapter heading to read as follows: "
CHAPTER 2--OTHER PROGRAMS";
(C) by inserting the following new title heading immediately
before section 206: " TITLE I--MULTILATERAL AND REGIONAL
DEVELOPMENT PROGRAMS"; and
(D) by inserting the following new title heading immediately
before section 214: " TITLE II-- AMERICAN SCHOOLS AND HOSPITALS
ABROAD: PROTOTYPE DESALTING PLANT".
(2)(A) Section 281 of such Act is amended by inserting "and chapter
1" immediately after "this chapter" each of the four places it appears.
(B) Section 601(b)(5) of such Act is amended by striking out "201"
and inserting in lieu thereof "122".
(C) Section 608(a) of such Act is amended by striking out "section
212" and inserting in lieu thereof "chapter 1 of part I".
(D) Section 611(a) of such Act // 22 USC 2361. // is amended by
striking out "titles I, II, and VI of chapter 2 and chapter 4 of part I"
and inserting in lieu thereof "chapter 1 of part I, title II of chapter
2 of part I, or chapter 4 of part II".
(E) Section 611(e) of such Act is amended by striking out "titles I,
II, or VI of chapter 2 or chapter 4 of part I of this Act" and inserting
in lieu thereof "chapter 1 of part I, title II of chapter 2 of part I,
or chapter 4 of part II".
(F) Section 620(d) of such Act // 22 USC 2370. // is amended by
striking out "under section 201" and inserting in lieu thereof "on a
loan basis under chapter 1 of part I".
(G) Section 635(h) of such Act // 22 USC 2395. // is amended by
striking out "titles II, V, and VI (except development loans)" and
inserting in lieu thereof "chapter 1 (except development loans) and
title II".
(H) Section 636(c) of such Act is amended by striking out "(other
than title I of chapter 2 of part I)" both places it appears.
(I) Section 636(d) and (e) of such Act // 22 USC 2396. // are each
amended by striking out "(other than title I of chapter 2 of part I)".
(J) Section 636(f) of such Act is amended--,
(i) by striking out "section 212" and inserting in lieu thereof
"chapter 1 of part I"; and
(ii) by striking out "title I of chapter 2" and inserting in
lieu thereof "chapter 1".
(K)(i) Section 108 of such Act // 22 USC 2151f. // is repealed.
(ii) Section 109 of such Act
// 22 USC 2151g. // is amended by striking out " Notwithstanding
section 108 of this Act, whenever" and inserting in lieu thereof "
Whenever".
SEC. 103. (a) Section 103 of the Foreign Assistance Act // 22 USC
2151a. // of 1961 is amended to read as follows:
" SEC. 103. AGRICULTURE, RURAL DEVELOPMENT, AND NUTRITION.--, (a)(1)
In recognition of the fact that the great majority of the people of
developing countries live in rural areas and are dependent on
agriculture and agricultural-related pursuits for their livelihood, the
President is authorized to furnish assistance, on such terms and
conditions as he may determine, for agriculture, rural development, and
nutrition--,
"(A) to alleviate starvation, hunger, and malnutrition; "(B)
to expand significantly the provision of basic services to
rural poor people to enhance their capacity for self-help; and
"(C) to help create productive farm and off-farm employment
in rural areas to provide a more viable economic base and
enhance
opportunities for improved incomes, living standards, and contributions
by rural poor people to the economic and social development of their
countries.
"(2) There is authorized to be appropriated to the President for
purposes of this section, in addition to funds otherwise available for
such purposes, $665,231,000 for the fiscal year 1979. Amounts
appropriated under this section are authorized to remain available until
expended.
"(b)(1) Assistance provided under this section shall be used
primarily for activities which are specifically designed to increase the
productivity and income of the rural poor, through such means as
creation and strengthening of local institutions linked to the regional
and national levels; organization of a system of financial institutions
which provide both savings and credit services to the poor; stimulation
of small, labor-intensive enterprises in rural towns; improvement of
marketing facilities and systems; expansion of rural infrastructure and
utilities such as farm-to-market roads, water management systems, land
improvement, energy, and storage facilities; establishment of more
equitable and more secure land tenure arrangements; and creation and
strengthening of systems to provide other services and supplies needed
by farmers, such as extension, research, training, fertilizer, water,
forestry, soil conservation, and improved seed, in ways which assure
access to them by small farmers.
"(2) In circumstances where development of major infrastructure is
necessary to achieve the objectives set forth in this section,
assistance for that purpose should be furnished under this chapter in
association with significant contributions from other countries working
together in a multilateral framework. Infrastructure projects so
assisted should be complemented by other measures to ensure that the
benefits of the infrastructure reach the poor.
"(c) The Congress finds that the greatest potential for significantly
expanding availability of food for people in rural areas and augmenting
world food production at relatively low cost lies in increasing the
productivity of small farmers who constitute a majority of the
agricultural producers in developing countries. Increasing the emphasis
on rural development and expanded food production in the poorest nations
of the developing world is a matter of social justice and a principal
element contributing to broadly based economic growth, as well as an
important factor in alleviating inflation in the industrialized
countries. In the allocation of funds under this section, special
attention shall be given to increasing agricultural production in
countries which have been designated as 'least developed' by the United
Nations General Assembly.
"(d) Assistance provided under this section shall also be used in
coordination with programs carried out under section 104 to help improve
nutrition of the people of developing countries through encouragement of
increased production of crops with greater nutritional value;
improvement of planning, research, and education with respect to
nutrition, particularly with reference to improvement and expanded use
of indigenously produced foodstuffs; and the undertaking of pilot or
demonstration programs explicitly addressing the problem of malnutrition
of poor and vulnerable people. In particular, the President is
encouraged--,
"(1) to devise and carry out in partnership with developing
countries a strategy for programs of nutrition and health
improvement for mothers and children, including breast feeding;
and
"(2) to provide technical, financial, and material support to
individuals or groups at the local level for such programs.
"(e) Local currency proceeds from sales of commodities provided under
the Agricultural Trade Development and Assistance Act // 7 USC 1691. //
of 1954 which are owned by foreign governments shall be used whenever
practicable to carry out the provisions of this section.".
(b) Section 644 of the Foreign Assistance Act // 22 USC 2403. // of
1961 is amended by adding at the end thereof the following:
"(o) ' Agriculture' includes aquaculture and fisheries.
"(p) ' Farmers' includes fishermen and other persons employed in
cultivating and harvesting food resources from salt and fresh waters.".
(c) Sections 117 and 296 (f) and (g) of such Act are repealed.
(d) Section 103 A of such Act is amended by inserting
"environmental," immediately after "social," in clause (2) of the first
sentence.
SEC. 104. (a) Section 104 of the Foreign Assistance Act of 1961 is
amended to read as follows:
" SEC. 104. POPULATION AND HEALTH.--(A) FINDINGS.-- The Congress
recognizes that poor health conditions and uncontrolled population
growth can vitiate otherwise successful development efforts.
" Large families in developing countries are the result of complex
social and economic factors which change relatively slowly among the
poor majority least affected by economic progress, as well as the result
of a lack of effective birth control. Therefore, effective family
planning depends upon economic and social change as well as the delivery
of services and is often a matter of political and religious
sensitivity. While every country has the right to determine its own
policies with respect to population growth, voluntary population
planning programs can make a substantial contribution to economic
development, higher living standards, and improved health and nutrition.
" Good health conditions are a principal element in improved quality
of life and contribute to the individual's capacity to participate in
the development process, while poor health and debilitating disease can
limit productivity.
"(b) ASSISTANCE FOR POPULATION PLANNING.-- In order to increase the
opportunities and motivation for family planning and to reduce the rate
of population growth, the President is authorized to furnish assistance,
on such terms and conditions as he may determine, for voluntary
population planning. In addition to the provision of family planning
information and services and the conduct of directly relevant
demographic research, population planning programs shall emphasize
motivation for small families.
"(c) ASSISTANCE FOR HEALTH AND DISEASE PREVENTION.-- In order to
contribute to improvements in the health of the greatest number of poor
people in developing countries, the President is authorized to furnish
assistance, on such terms and conditions as he may determine, for health
programs. Assistance under this subsection shall be used primarily for
basic integrated health services, safe water and sanitation, disease
prevention and control, and related health planning and research. This
assistance shall emphasize self-sustaining community-based health
programs by means such as training of health auxiliary and other
appropriate personnel, support for the establishment and evaluation of
projects that can be replicated on a broader scale, measures to improve
management of health programs, and other services and supplies to
support health and disease prevention programs.
"(d) INTEGRATION OF ASSISTANCE PROGRAMS.--(1) Assistance under this
chapter shall be administered so as to give particular attention to the
interrelationship between (A) population growth, and (B) development and
overall improvement in living standards in developing countries, and to
the impact of all programs, projects, and activities on population
growth. All appropriate activities proposed for financing under this
chapter shall be designed to build motivation for smaller families
through modification of economic and social conditions supportive of the
desire for large families, in programs such as education in and out of
school, nutrition, disease control, maternal and child health services,
improvements in the status and employment of women, agricultural
production, rural development, and assistance to the urban poor.
Population planning programs shall be coordinated with other programs
aimed at reducing the infant mortality rate, providing better nutrition
for pregnant women and infants, and raising the standard of living of
the poor.
"(2) Since the problems of malnutrition, disease, and rapid
population growth are closely related, planning for assistance to be
provided under subsections (b) and (c) of this section and under section
103 shall be coordinated to the maximum extent practicable.
"(3) Assistance provided under this section shall emphasize low-cost
integrated delivery systems for health, nutrition, and family planning
for the poorest people, with particular attention to the needs of
mothers and young children, using paramedical and auxiliary medical
personnel, clinics and health posts, commercial distribution systems,
and other modes of community outreach.
"(e) RESEARCH AND ANALYSIS.--(1) Health and population research and
analysis carried out under this Act shall--,
"(A) be undertaken to the maximum extent practicable in
developing countries by developing country personnel, linked as
appropriate with private and governmental biomedical research
facilities within the United States;
"(B) take account of the special needs of the poor people of
developing countries in the determination of research priorities;
and
"(C) make extensive use of field testing to adapt basic
research to local conditions.
"(2) The President is authorized to study the complex factors
affecting population growth in developing countries and to identify
factors which might motivate people to plan family size or to space
their children.
"(f) PROHIBITION ON USE OF FUNDS FOR ABORTIONS AND INVOLUNTARY
STERILIZATIONS.--(1) None of the funds made available to carry out this
part may be used to pay for the performance of abortions as a method of
family planning or to motivate or coerce any person to practice
abortions.
"(2) None of the funds made available to carry out this part may be
used to pay for the performance of involuntary sterilizations as a
method of family planning or to coerce or provide any financial
incentive to any person to undergo sterilizations.
"(g) AUTHORIZATION OF APPROPRIATIONS.-- There are authorized to be
appropriated to the President, in addition to funds otherwise available
for such purposes--,
"(1) $224,745,000 for the fiscal year 1979 to carry out
subsection (b) of this section; and
"(2) $148,494,000 for the fiscal year 1979 to carry out
subsection (c) of this section.
Funds appropriated under this subsection are authorized to remain
available until expended.".
(b) Section 114 and title X of chapter 2 of part I of such Act // 22
USC 2151l, 2219, 2219a. // are repealed.
SEC. 105. Section 105(a) of the Foreign Assistance Act // 22 USC
2151c. // of 1961 is amended in the second sentence by striking out
"$101,800,000 for the fiscal year 1977 and $84,900,000 for the fiscal
year 1978, which amounts are" and inserting in lieu thereof
"$109,036,000 for the fiscal year 1979, which amount is".
RECONSTRUCTION, AND
SELECTED DEVELOPMENT PROBLEMS
SEC. 106. Section 106(b) of the Foreign Assistance Act // 22 USC
2151d. // of 1961 amended in the first sentence by striking out
"$104,500,000 for the fiscal year 1977 and $105,000,000 for the fiscal
year 1978, which amounts are" and inserting in lieu thereof
"$126,244,000 for the fiscal year 1979, which amount is".
SEC. 107. Section 107 of the Foreign Assistance Act // 22 USC 2151e.
// of 1961 is amended to read as follows:
" SEC. 107. APPROPRIATE TECHNOLOGY.--(A) In carrying out activities
under this chapter, the President shall place special emphasis on the
use of relatively smaller, cost-saving, labor-using technologies that
are generally most appropriate for the small farms, small businesses,
and small incomes of the poor.
"(b) Funds made available to carry out this chapter should be used to
the extent practicable for activities in the field of appropriate
technology, including support of an expanded and coordinated private
effort to promote the development and dissemination of appropriate
technology in developing countries.".
SEC. 108. Section 113 of the Foreign Assistance Act // 22 USC 2151k.
// of 1961 is amended by adding at the end thereof the following new
subsection:
"(d)(1) Up to $10,000,000 of the funds made available each fiscal
year under this chapter shall be used, in addition to funds otherwise
available for such purposes, for assistance on such terms and conditions
as the President may determine to encourage and promote the
participation and integration of women as equal partners in the
development process in the developing countries. These funds shall be
used primarily to support activities which will increase the economic
productivity and income earning capacity of women.
"(2) Nothing in this section shall be construed to authorize the
establishment of a separate development assistance program for women.".
SEC. 109. Section 116(e) of the Foreign Assistance Act // 22 USC
2151n. // of 1961 is amended in the first sentence--,
(1) by striking out " Of" and inserting in lieu thereof " The
President is authorized and encouraged to use not less than
$1,500,000 of"; and
(2) by striking out "1978, not less than $750,000 may be used
only" and inserting in lieu thereof "1979".
SEC. 110. Section 118 of the Foreign Assistance Act // 22 USC 2151p.
// of 1961 is amended--,
(1) by inserting "(a)" immediately after the section caption;
and
(2) by adding at the end thereof the following new subsections:
"(b) In carrying out programs under this chapter, the President shall
take into consideration the environmental consequences of development
actions.
"(c) In furtherance of the purposes of this section, the President
shall carry out studies to identify the major environment and natural
resource problems, and the institutional capabilities to solve those
problems, which exist in developing countries. The results of these
studies shall be reported to the Congress by March 1, 1979.".
SEC. 111. Section 119 of the Foreign Assistance Act // 22 USC 2151q.
// of 1961 is amended to read as follows:
" SEC. 119. RENEWABLE AND UNCONVENTIONAL ENERGY TECHNOLOGIES.--(A)
The President is authorized to furnish assistance under this chapter for
cooperative programs with developing countries in energy production and
conservation, with particular emphasis on programs in research and
development, and use of small-scale, decentralized, renewable energy
sources for rural areas carried out as integral parts of rural
development efforts in accordance with section 103 of this Act. Such
programs shall also be directed toward the earliest practicable
development and use of energy technologies which are environmentally
acceptable, require minimum capital investment, are most acceptable to
and affordable by the people using them, are simple and inexpensive to
use and maintain, and are transferable from one region of the world to
another.
"(b) The agency primarily responsible for administering this part
shall coordinate with the Department of Energy, to the maximum extent
possible, the planning and implementation of energy programs authorized
under this chapter, including section 107, and shall consult with the
Department of Energy on such planning and implementation.".
SEC. 112. (a)(1) Chapter 1 of part I of the Foreign Assistance Act //
22 USC 2151v. // of 1961, as amended by section 102 of this Act is
further amended by inserting the following new section 124 immediately
after section 123:
" SEC. 124. RELATIVELY LEAST DEVELOPED COUNTRIES.--(A) Relatively
least developed countries (as determined on the basis of criteria
comparable to those used for the United Nations General Assembly list of
'least developed countries') are characterized by extreme poverty, very
limited infrastructure, and limited administrative capacity to implement
basic human needs growth strategies. In such countries special measures
may be necessary to insure the full effectiveness of assistance
furnished under this part.
"(b) For the purpose of promoting economic growth in these countries,
the President is authorized and encouraged to make assistance under this
chapter available on a grant basis to the maximum extent that is
consistent with the attainment of United States development objectives.
"(c)(1) The Congress recognizes that the relatively least developed
countries have virtually no access to private international capital
markets. Insofar as possible, prior assistance terms should be
consistent with present grant assistance terms for relatively least
developed countries. Therefore, notwithstanding section 620(r) of this
Act // 22 USC 2370. // and section 321 of the International Development
and Food Assistance Act // 22 USC 2220a. // of 1975 but subject to
paragraph (2) of this subsection, the President on a case-by-case basis,
taking into account the needs of the country for financial resources and
the commitment of the country to the development objectives set forth in
sections 101 and 102--,
"(A) may permit a relatively least developed country to place
amounts, which would otherwise be paid to the United States as
payments on principal or interest on liability incurred by that
country under this part (or any predecessor legislation) into
local currency accounts (in equivalent amounts of local currencies
as determined by the official exchange rate for United States
dollars) for use by the relatively least developed country, with
the concurrence of the Administrator of the agency primarily
responsible for administering this part, for activities which are
consistent with section 102; and
"(B) may waive interest payments on liability incurred by a
relatively least developed country under this part (or any
predecessor legislation) if the President determines that that
country would be unable to use for development purposes the
equivalent amounts of local currencies which could be made
available under subparagraph (A).
"(2) The aggregate amount of interest waived and interest and
principal paid into local currency accounts under this subsection in any
fiscal year may not exceed the amount approved for such purpose in an
Act appropriating funds to carry out this chapter for that fiscal year,
which amount may not exceed the amount authorized to be so approved by
the annual authorizing legislation for development assistance programs.
"(3) In exercising the authority granted by this subsection, the
President should act in concert with other creditor countries.
"(d) The President may on a case-by-case basis waive the requirement
of section 110(a) for financial or 'in kind' contributions in the case
of programs, projects, or activities in relatively least developed
countries.
"(e) Section 110(b) shall not apply with respect to grants to
relatively least developed countries.".
(2) The authority granted by section 124(c) of the Foreign Assistance
Act of 1961 shall not become effective until October 1, 1979.
(b)(1) Section 110(a) of such Act is amended by striking out "and
except that" and all that follows through the end of the sentence and
inserting in lieu thereof a period.
(2) Section 110(b) of such Act is amended by striking out " Except"
and all that follows through "no" and inserting in lieu thereof " No".
SEC. 113. Chapter 1 of part I of the Foreign Assistance Act, as
amended by sections 102 and 112 of this Act, is further amended by
inserting the following new section 125 immediately after section 124:
" SEC. 125. PROJECT AND PROGRAM EVALUATION.--(A) The Administrator of
the agency primarily responsible for administering this part is directed
to improve the assessment and evaluation of the programs and projects
carried out by that agency under this chapter. The Administrator shall
consult with the appropriate committees of the Congress in establishing
standards for such evaluations.
"(b) The President shall report on actions taken by the international
financial institutions and the United Nations Development Program to
improve the evaluation of projects and programs conducted by those
institutions. The report required by this subsection shall be submitted
as a part of the report required by section 634.".
SEC. 114. Section 214 of the Foreign Assistance Act of 1961 is
amended--,
(1) in subsection (c) by striking out "for the fiscal year
1977, $25,000,000, and for the fiscal year 1978, $25,000,000,
which amounts are" and inserting in lieu thereof "$25,000,000 for
the fiscal year 1979, which amount is"; and
(2) by striking out subsections (d) and (e) and by
redesignating subsection (f) as subsection (d).
SEC. 115. (a) Sections 221 and 222 of the Foreign Assistance Act of
1961 are amended to read as follows:
" SEC. 221. HOUSING GUARANTIES.-- The Congress recognizes that
shelter requirements are among the most fundamental of human needs.
Shelter for most people in the developing countries consists largely of
domestic materials assembled by local labor. While recognizing that
most financing for such housing must come from domestic resources, the
Congress finds that carefully designed programs involving United States
capital and expertise can increase the availability of domestic
financing for improved housing and related services for low-income
people by demonstrating to local entrepreneurs and institutions that
providing low-cost housing can be financially viable. The Congress
reaffirms, therefore, that the United States should continue to assist
developing countries in marshalling resources for low-cost housing.
Particular attention should be given to programs which will support
pilot projects for low-cost shelter or which will have a maximum
demonstration impact on local institutions and national policy. The
Congress declares that the long run goal of all such programs should be
to develop domestic construction capabilities and to stimulate local
credit institutions to make available domestic capital and other
management and technological resources required for effective low-cost
shelter programs and policies.
" SEC. 222. AUTHORIZATION.--(A) To carry out the policy of section
221, the President is authorized to issue guaranties to eligible
investors (as defined in section 238(c) assuring against losses incurred
in connection with loans made for projects meeting the criteria set
forth in section 221. The total principal amount of guaranties issued
under this title or heretofore issued under prior housing guaranty
authorities, which are outstanding at any one time, shall not exceed
$1,180,000,000. The authority of this section shall continue until
September 30, 1980. The President may issue regulations from time to
time with regard to the terms and conditions upon which such guaranties
shall be issued and the eligibility of lenders.
"(b) Activities carried out under this section shall emphasize--,
"(1) projects which provide improved home sites to poor
families on which to build shelter, and related services;
"(2) projects comprised of expandable core shelter units on
serviced sites;
"(3) slum upgrading projects designed to conserve and improve
existing shelter;
"(4) shelter projects for low income people designed for
demonstration or institution building purposes; and
"(5) community facilities and services in support of projects
authorized under this section to improve the shelter occupied by
the poor.
"(c) In issuing guaranties under this section with respect to
projects in a country which require the use or conservation of energy,
the President shall give consideration to the use of solar energy
technologies, where such technologies are economically and technically
feasible. Technologies which may be used include solar hot water
systems, solar heating and cooling, passive solar heating, biomass
conversion, photovoltaic and wind applications, and community-scale
solar thermal applications.".
(b) Section 222 A(h) of such Act // 22 USC 2182a. // is amended by
striking out " September 30, 1978" and inserting in lieu thereof "
September 30, 1979".
(c) Section 223(a) of such Act // 22 USC 2183. // is amended by
striking out "221, 222," and inserting in lieu thereof "222".
(d) Section 223(b) of such Act is amended in the first sentence--,
(1) by striking out "221 or" the first place it appears;
(2) by striking out "221 and section 222 and of" and inserting
in lieu thereof "222 and administering housing guaranties
heretofore authorized under this title and under";
(3) by striking out "section 221 or" the second place it
appears; and
(4) by inserting "this title or" immediately after "heretofore
pursuant to".
(e) Section 223(c) of such Act is amended by striking out "section
221 or" and by inserting "under this title or" immediately after
"heretofore".
(f) Section 223(d) of such Act is amended--,
(1) by striking out "221, 222, 222 A," and inserting in lieu
thereof "222 or 222 A"; and
(2) by inserting "under this title or" immediately after
"heretofore".
(g) Section 223(f) of such Act is amended in the first sentence by
striking out "section 221 or".
(h) Section 223(g) of such Act is amended by inserting "heretofore
under this title or" immediately after "outstanding".
(i) Section 223(i) of such Act
// 22 USC 2183. // is repealed.
(j) Section 223(j) of such Act is amended by striking out
"sections 221 and" in the first sentence and inserting in lieu
thereof "section".
(k) Section 620(l) of such Act is amended by striking out "221
(b)(1)" both places it appears and inserting in lieu thereof "234
(a)(1)".
ASIA
SEC. 116. Chapter 2 of part I of the Foreign Assistance Act of 1961
is amended by striking out the title heading for title V and inserting
in lieu thereof the following:
" SEC. 241. ASSISTANCE TO CERTAIN DISADVANTAGED CHILDREN IN ASIA.--(
A) The Congress recognizes the humanitarian needs of disadvantaged
children in Asian countries where there has been or continues to be a
heavy presence of United States military and related personnel in recent
years. Moreover, the Congress finds that inadequate provision has been
made for the care and welfare of such disadvantaged children,
particularly those fathered by the United States citizens.
"(b) Accordingly, the President is authorized to expend up to
$2,000,000 of funds made available under chapter 1 of this part, in
addition to funds otherwise available for such purposes, to help meet
the needs of these disadvantaged children in Asia by assisting in the
expansion and improvement of orphanages, hostels, day care centers,
school feeding programs, and health, education, and welfare programs.
Assistance provided under this section shall be furnished under the
auspices of and by international organizations or private voluntary
agencies operating within, and in cooperation with, the countries of
Asia where these disadvantaged children reside.".
SEC. 117. (a) Section 302(a)(1) of the Foreign Assistance Act of 1961
is amended in the first sentence by striking out "for the fiscal year
1977, $219,900,000 and for the fiscal year 1978, $252,000,000" and
inserting in lieu thereof "$285,450,000 for the fiscal year 1979 of
which not to exceed $300,000 shall be available for contribution to the
United Nations Trust Fund on South Africa".
(b)(1) Section 302(a)(1) of such Act is further amended--,
(A) by striking out "$42,500,000" in the third sentence and
inserting in lieu thereof "$52,000,000"; and
(B) by inserting immediately after the third sentence the
following: " Of the funds authorized to be appropriated under
this subsection for the fiscal year 1979, not to exceed
$52,000,000 shall be available for voluntary contributions to the
United Nations Relief and Works Agency for Palestine Refugees,
except that not more than $42,500,000 of this amount may be
obligated unless the President certifies to the Congress that any
contributions above this level have been matched by equivalent
contributions by members of the Organization of Petroleum
Exporting Countries.".
(2) Not later than January 31, 1979, the Secretary of State shall
provide the Committee on Foreign Relations of the Senate and the
Committee on International Relations of the House of Representatives
with a full and detailed report on the progress made by the
Commissioner-General of the United Nations Relief and Works Agency to
improve the ration distribution system so that food to Palestine
refugees can be more equitably distributed on the basis of need, rather
than entitlement.
(c) Section 302(a) of such Act // 22 USC 2222. // is amended by
adding at the end thereof the following new paragraph:
"(3) None of the funds made available under this subsection for the
fiscal year 1979 may be used for the United Nations Institute for
Namibia unless the President determines that such funds will not be used
to support the military or paramilitary activities of the Southwest
African Peoples Organization.".
(d) Section 301 of such Act is amended by adding at the end thereof
the following new subsection:
"(g) It is the sense of the Congress that the President should
instruct the appropriate representatives of the United States to the
United Nations to encourage the specialized agencies of the United
Nations to transfer the funding of technical assistance programs carried
out by such agencies to the United Nations Development Program.".
(e) In addition to amounts otherwise available for such purpose,
there are authorized to be appropriated to the President not to exceed
$1,000,000 for contributions to the World Assembly on Aging to be
convened under the auspices of the United Nations, except that the
amount so contributed may not exceed 25 percent of the expenditures of
such Assembly. Amounts appropriated under this subsection are
authorized to remain available until expended.
SEC. 118. (a) Section 491(b) of the Foreign Assistance Act // 22 USC
2292. // of 1961 is amended by striking "or international organization"
and inserting in lieu thereof ", international organization, or private
voluntary organization,".
(b) Section 492 of such Act
// 22 USC 2292. // is amended--,
(1) in the first sentence by striking out "each of the fiscal
years
1977 and 1978" and inserting in lieu thereof "the fiscal year
1979"; and (2) by striking out the third sentence.
SEC. 119. Chapter 9 of part I of the Foreign Assistance Act of 1961
is amended--,
(1) by redesignating section 495 D, as added by section 121 of
the International Development and Food Assistance Act of 1977, as
section 495 E; and
(2) by adding at the end thereof the following new section:
" SEC. 495 F. ASSISTANCE TO AFRICAN REFUGEES.-- The President is
authorized to furnish assistance, on such terms and conditions as he may
determine, exclusively for the relief and rehabilitation of African
refugees and other needy people located in Africa. There is authorized
to be appropriated for the fiscal year 1979 for purposes of this
section, in addition to amounts otherwise available for such purposes,
$15,000,000, which amount is authorized to remain available until
expended. Assistance under this section shall be provided in accordance
with the policies and general authorities contained in section 491.".
SEC. 120. In order to assist in attempts to control locust plagues in
Africa, especially in the Horn of Africa, there is authorized to be
appropriated to the President, in addition to amounts otherwise
authorized for disaster relief purposes, $2,000,000, which amount is
authorized to remain available until expended.
SEC. 121. Section 661 of the Foreign Assistance Act of 1961 is
amended by striking out "$2,000,000" the first place it appears and all
that follows through "1978," and inserting in lieu thereof "$3,000,000
of the funds made available for the purposes of this Act for the fiscal
year 1979".
SEC. 122. (a) The Congress declares that the United States should
place higher priority on the formulation and implementation of policies
and programs to enable the people of African nations to develop their
potential, fulfill their aspirations, and enjoy better, more productive
lives. In furtherance of these objectives, the Congress finds that
additional support is needed for community-based self-help activities in
Africa and that an African Development Foundation, organized to further
the purposes set forth in section 123 of the Foreign Assistance Act of
1961, can complement current United States development programs in
Africa.
(b) The Congress therefore requests that the President report to the
Congress not later than February 1, 1979, on steps he has taken to
review proposals for an African Development Foundation.
FOOD NEEDS
SEC. 201. The Congress finds that food assistance provided by the
United States to developing countries under title I of the Agricultural
Trade Development and Assistance Act of 1954 often is distributed within
those countries in ways which do not significantly alleviate hunger and
malnutrition in those countries. In order to determine how United
States food assistance can be more effectively used to meet the food
needs of the poor in developing countries, the President shall submit to
the Congress not later than February 1, 1979, a report (1) explaining
why food assistance provided to developing countries under title I of
the Agricultural Trade Development and Assistance Act of 1954 is not
more successful in meeting the food needs of those suffering from hunger
and malnutrition, and (2) recommending steps which could be taken
(including increasing the proportion of food assistance which is
furnished under titles II and III of that Act) to increase the
effectiveness of food assistance under that Act in meeting those needs.
PROGRAMS
SEC. 202. Section 304 of the Agricultural Trade Development and
Assistance Act of 1954 is amended by adding at the end thereof the
following new subsection:
"(d) The Commodity Credit Corporation may pay, with respect to
commodities made available under this title to a country on the United
Nations Conference on Trade and Development list of relatively least
developed countries, freight charges from United States ports to
designated ports of entry abroad or to designated points of entry abroad
in the case of landlocked countries.".
REPAYMENT
OBLIGATIONS
SEC. 203. Section 305 of the Agricultural Trade Development and
Assistance Act of 1954 is amended--,
(1) by inserting "(a)" immediately after " SEC. 305."; and (2) by
adding at the end thereof the following new subsection:
"(b) Such disbursements shall be deemed to be payments with respect
to the credit furnished pursuant to the agreement or if, in the case of
a country on the United Nations Conference on Trade and Development list
of relatively least developed countries, the disbursements in a fiscal
year are greater than the amount of the annual repayment obligation
which that country would have to meet for that fiscal year under the
agreement but for the disbursements in accordance with the Food for
Development Program, then the disbursements which are in excess of the
amount of that annual repayment obligation may, to the extent provided
in the agreement, be considered as payments with respect to the annual
repayment obligations of that country for that fiscal year under other
financing agreements under this Act.".
SEC. 301. The Congress declares that the United States Government
should place higher priority, in the formulation and implementation of
governmental policies, on efforts to help meet the legitimate needs of
poor countries for improving the quality of the lives of their
populations. The Congress also declares that greater effectiveness and
efficiency of United States assistance to such countries can be achieved
through improved coordination and administrative consolidation.
SEC. 302. In furtherance of the objectives set forth in section 301
the Congress directs the President to institue a strengthened system of
coordination of all United States economic policies which impact on the
developing countries of the world, including but not limited to policies
concerning international trade, commodity agreements, investment, debt,
international financial institutions, international and multilateral
development agencies and programs, and concessional and grant food
assistance, in addition to policies concerning United States bilateral
economic development assistance.
SEC. 303. The President shall report to the Congress not later than
February 1, 1979, on the steps he has taken to implement this title and
on any further legislation which may be needed to achieve the objectives
of this title.
SEC. 401. (a) Not later than March 15, 1979, the President shall
submit to the Congress, and publish in the Federal Register, regulations
establishing a unified personnel system for all employees of the agency
primarily responsible for administering part I of the Foreign Assistance
Act of 1961. In preparing such regulations, the President shall keep
the appropriate committees of the Congress fully and currently informed,
and shall consult with them on a regular basis, concerning the nature of
the unified personnel system to be established.
(b) The regulations submitted to the Congress pursuant to subsection
(a)--,
(1) may not become effective until after the end of the 90-day
period beginning on the date of such submission in order to
provide the appropriate committees of the Congress an opportunity
to review them; and
(2) shall not become effective then if, during such 90-day
period, either House of Congress adopts a resolution stating in
substance that it disapproves the personnel system proposed to be
established by the regulations.
(c) Regulations which take effect pursuant to this section
shall have the force and effect of law and shall apply with
respect to the personnel of the agency primarily responsible for
administering part I of the Foreign Assistance Act of 1961,
notwithstanding and inconsistent provision of law unless that
provision of law specifically states that it supersedes
regulations issued under this section.
SEC. 501. Section 601 of the Foreign Assistance Act // 22 USC 2351.
// of 1961 is amended by adding the following new subsection at the end
thereof:
"(e)(1) The Congress finds that significantly greater effort
must be made in carrying out programs under part I of this Act to
award contracts on the basis of competitive selection procedures.
All such contracts should be let on the basis of competitive
selection procedures except in those limited cases in which the
procurement regulations governing the agency primarily responsible
for administering part I of this Act allow noncompetitive
procedures to be used.
"(2) In order to provide the Congress with information to
assist it in assessing the efforts of the agency primarily
responsible for administering part I of this Act to make the
maximum possible use of competitive selection procedures, the
Administrator of that agency--,
"(A) when submitting the congressional presentation materials
for developing assistance for fiscal year 1980, shall also submit
to the Congress a report identifying and describing each contract
in an amount in excess of $100,000 which the agency entered into
without competitive selection procedures during the period April
1, 1978, to September 30, 1978, and explaining why each such
contract was not the subject of competitive selection procedures;
and
"(B) when submitting the congressional presentation materials
for development assistance for fiscal year 1981, shall also submit
to the Congress a report identifying and describing each contract
in an amount in excess of $100,000 which the agency entered into
without competitive selection procedures during the fiscal year
1979 and explaining why each such contract was not the subject of
competitive selection procedures.".
SEC. 502. (a) Chapter 2 of part III of the Foreign Assistance Act of
1961 is amended--,
(1) by striking out "(c)" in section 634(c) and inserting in
lieu thereof " SEC. 633 A. FURNISHING INFORMATION.--" and by
inserting such redesignated section immediately after section 633;
and
(2) by striking out the remaining provisions of section 634 and
inserting in lieu thereof the following:
" SEC. 634. ANNUAL REPORT.--(A) In order that the Congress and the
American people may be better and more currently informed regarding
United States development policy, including the amounts and
effectiveness of assistance provided by the United States Government to
developing countries and international organizations, the Chairman of
the Development Coordination Committee shall transmit to the Congress
not later than February 1 of each year a report on foreign assistance
for the fiscal year ending the previous September 30. The report shall
include--,
"(1)(A) a comprehensive and coordinated review of all United
States policies and programs having a major impact on the
development of developing countries, including but not limited to
bilateral and multilateral assistance, trade, debt, employment,
food, energy, technology, population, oceans, environment, human
settlements, natural resources, and participation in international
agencies concerned with development;
"(B) an assessment of the impact of such policies and programs
on the well-being of the poor majority in developing countries in
accordance with the policy objectives of chapter 1 of part I,
including the progress developing countries are making toward
achieving those objectives which are indicative of improved
well-being of the poor majority, which objectives shall include
but not be limited to increasing life expectancy and literacy,
lowering infant mortality and birth rates, and increasing food
production and employment; and
"(C) an assessment of the impact of such policies and programs
on economic conditions in the United States, including but not
limited to employment, wages, and working conditions;
"(2) the dollar value of all foreign assistance and guaranties
by category and by country provided or made by the United States
Government by any means to all foreign countries and international
organizations--,
"(A) from 1946 to the fiscal year immediately preceding the
fiscal year for which the report is required;
"(B) as presented to Congress for the immediate preceding
fiscal year;
"(C) as obligated during the immediately preceding fiscal year;
"(D) as planned for the fiscal year in which the report is
presented; and
"(E) as proposed for the fiscal year following the year in
which the report is presented;
"(3) a summary of repayments, by country, to the United States from
previous foreign assistance loans;
"(4) the status of each loan and each contract of guaranty or
insurance theretofore made under this Act, predecessor Acts, or any Act
authorizing international security assistance, with respect to which
there remains outstanding any unpaid obligation or potential liability;
the status of each extension of credit for the procurement of defense
articles or defense services, and of each contract of guarantee in
connection with any such procurement, theretofore made under the Arms
Export Control Act with respect to which their remains outstanding any
unpaid obligation or potential liability; the status of each sale of
agricultural commodities on credit terms, theretofore made under the
Agricultural Trade Development and Assistance Act of 1954 with respect
to which there remains outstanding any unpaid obligation; and the
status of each transaction with respect to which a loan, contract or
guarantee of insurance, or extension of credit (or participation
therein) was theretofore made under the Export-import Bank Act of 1945
with respect to which there remains outstanding any unpaid obligation or
potential liability; except that such report shall include individually
only any loan, contract, sale, extension of credit, or other transaction
listed in this paragraph which is in excess of $1,000,000;
"(5)(A) the status of the debt servicing capacity of each country
receiving assistance under this Act;
"(B) all forms of debt relief granted by the United States with
respect to such countries, together with a detailed statement of the
specific debt relief granted with respect to each such country and the
purpose for which it was granted; and
"(C) a summary of the net aid flow from the United States to such
countries, taking into consideration the debt relief granted by the
United States; and
"(6) such other matters relating to foreign assistance provided by
the United States Government under part I as the Chairman of the
Development Coordination Committee considers appropriate. "(b) For
purposes of this section--,
"(1) 'foreign assistance' means any tangible or intangible item
provided by the United States Government to a foreign country or
international organization under this or any other Act, including but
not limited to any training, service, or technical advice, any item of
real, personal, or mixed property, any agricultural commodity, United
States dollars, and currencies of any foreign country which are owned by
the United States Government; and
"(2) 'provided by the United States Government' includes, but is not
limited to, foreign assistance provided by means of gift, loan, sale,
credit, or guaranty.".
(b) Part III of the Foreign Assistance Act of 1961 is amended by
redesignating section 671 as section 634 A and by inserting such
redesignated section immediately after section 634.
(c) Part III of such Act, as amended by subsection (b) of this
section, is further amended by adding the following new section
immediately after new section 634 A:
" SEC. 634 B. CLASSIFICATION OF REPORTS.-- All information contained
in any report transmitted under this Act shall be public information.
However, in the case of any item of information to be included in any
such report that the President, on an extraordinary basis, determines is
clearly detrimental to the security of the United States, he shall
explain in a supplemental report why publication of each specific item
would be detrimental to the security of the United States. A
supplemental report shall be transmitted to the Congress at the time the
report is transmitted.".
(d)(1) Title XI of chapter 2 of part I and sections 120(d), 222 A
(j), 495 C(e), 620(w), 621 A(c), 640 B(d), and 657 of the Foreign
Assistance Act of 1961 are repealed.
(2) Section 640 B(g) of such Act is amended by striking out
"subsection (d), the President" and inserting in lieu thereof "section
634, the Chairman of the Committee".
SEC. 503. Section 607 of the Foreign Assistance Act // 22 USC 2357.
// of 1961 is amended by redesignating subsection (b) as subsection (c)
and by inserting the following new subsection (b) immediately after
subsection (a):
"(b) When any agency of the United States Government provides
services on an advance-of-funds or reimbursable basis under this
section, such agency may contract with individuals for personal service
abroad or in the United States to perform such services or to replace
officers or employees of the United States Government who are assigned
by the agency to provide such services. Such individuals shall not be
regarded as employees of the United States Government for the purpose of
any law administered by the Civil Service Commission.".
SEC. 504. Section 624 of the Foreign Assistance Act // 22 USC 2384.
// of 1961 is amended by adding at the end thereof the following new
subsection:
"(g)(1) In addition to the officers provided for in subsection (a) of
this section, there shall be an Auditor General who shall be appointed
by the Administrator of the agency primarily responsible for
administering part I of this Act. // 22 USC 2151. // The Auditor
General shall be compensated at the rate provided for level V of the
Executive Schedule under section 5316 of title 5, United States Code.
"(2) The Auditor General shall report to and be under the direct
supervision of the Administrator.
"(3) The Auditor General shall, with respect to the duties and
responsibilities of the agency primarily responsible for administering
part I of this Act and subject to the authority of the Administrator of
such agency, supervise, direct, and control all audit and investigative
activities relating to the programs and operations of the agency.
"(4) The Auditor General shall submit an annual report to the
Administrator. This report shall be provided to the Congress without
further clearance or approval as part of the annual report required by
section 634 of this Act. // 22 USC 2394. //
"(5) In the execution of the responsibilities and duties assigned in
paragraph (3) of this subsection, the Auditor General shall have (A)
access to all records, reports, papers, and documents of the agency and
its administrative subdivisions, and (B) authority to request such
information or assistance as necessary for carrying out the duties set
forth in this subsection from any Federal, State, or local governmental
agency or unit thereof, and from contractors, grantees, and loan
recipients of the agency.".
SEC. 505. Section 636(a)(5) of the Foreign Assistance Act // 22 USC
2396. // of 1961 is amended by striking "$3,500" and inserting in lieu
thereof "the current market price in the United States of a mid-sized
sedan or station wagon meeting the requirements established by the
General Services Administration for a Class III vehicle of United States
manufacture (or, if the replacement vehicle is a right-hand drive
vehicle, 120 percent of that price)".
SEC. 506. Section 667(a) of the Foreign Assistance Act // 22 USC
2427. // of 1961 is amended--,
(1) in the text preceding paragraph (1) by striking out "1978"
and inserting in lieu thereof "1979"; and
(2) in paragraph (1) by striking out "$220,200,000" and
inserting in lieu thereof "$261,000,000".
SEC. 601. // 22 USC 2151 // The total funds authorized to be
appropriated in this Act (excluding funds authorized to be appropriated
to carry out section 214 of the Foreign Assistance Act // 22 USC 2174.
// of 1961) shall be reduced by 5 percent.
UGANDA, AND CUBA
SEC. 602. Notwithstanding any other provision of law or of this Act,
// 22 USC 2151 // funds authorized to be appropriated in this Act shall
not be used for any form of aid, either by monetary payment or by the
sale or transfer of any goods of any nature, to the Socialist Republic
of Vietnam, Cambodia, Uganda, or Cuba.
SEC. 603. // 22 USC 2395a. // (a)(1) The Secretary of State shall
keep the Committee on Foreign Relations of the Senate, the Committee on
International Relations of the House of Representatives, and the
Committee on Approprations of each House of the Congress fully and
currently informed of any negotiations with any foreign government with
respect to any cancellation, renegotiations, rescheduling, compromise,
or other form of debt relief (including any modification of the terms,
conditions, or manner of repayment), with regard to any debt owed to the
United States by such foreign government.
(2) The Secretary of State shall transmit to such committees a copy
of the text of any agreement with any foreign government which would
result in any such debt relief no less than thirty days prior to its
entry into force, together with a detailed justification of the interest
of the United States in the proposed debt relief. The requirements of
this paragraph shall not apply with respect to an agreement if a
statutory requirement exists that the amount of the debt relief provided
by the agreement may not exceed the amount approved for such purposes in
advance in an appropriation Act.
(b) Section 4 of the Foreign Disaster Assistance Act of 1974 is
repealed.
SEC. 604. Sections 302(d), 302(e), 302(f), 302(g), 302(h), 304, 494
A, 495 A, 618, 619, 637(a), 649, 651, 655, 656, 658, and 665, // 22 USC
2222, 2224 note, 2292d, 2292g, 2368, 2369, 2397, 2408, 2410, 2415, 2415,
2416, 2418, 2425, 2271, 2281. // 22 USC 2151 // and chapters 6 and 7 of
part I, of the Foreign Assistance Act of 1961 are repealed.
SEC. 605. The amendments made by this Act shall take effect on
October 1, 1978.
Approved October 6, 1978.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 95 - 1087 (Comm. on International Relations) and
No. 95 - 1545 (Comm. of Conference).
CONGRESSIONAL RECORD, Vol. 124 (1978):
May 11, 12, 15, considered and passed House.
June 26, considered and passed Senate, amended, in lieu of S.
3074.
Sept. 19, House agreed to conference report.
Sept. 20, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 14, No. 40:
Oct. 6, Presidential statement.
PUBLIC LAW 95-423, 92 STAT. 935
of 1954 to provide for refund
of tax on distilled spirits, wines, rectified products,
and beer lost or rendered
unmarketable due to fire, flood, casualty, or other
disaster, or to breakage
destruction, or other damage (excluding theft)
resulting from vandalism or
malicious mischief while held for sale.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. REFUND OF TAX ON ALCOHOLIC BEVERAGE LOSSES RESULTING FROM
DISASTER, VANDALISM, OR MALICIOUS MISCHIEF.
(a) IN GENERAL.-- So much of section 5064 of the Internal Revenue
Code of 1954 // 26 USC 5064. // (relating to losses caused by disaster)
as precedes subsection (c) is amended to read as follows:
" SEC. 5064. LOSSES RESULTING FROM DISASTER, VANDALISM, OR MALICIOUS
MISCHIEF.
"(a) PAYMENTS.-- The Secretary, under such regulations as he may
prescribe, shall pay (without interest) an amount equal to the amount of
the internal revenue taxes paid or determined and customs duties paid on
distilled spirits, wines, rectified products, and beer previously
withdrawn, which were lost, rendered unmarketable, or condemned by a
duly authorized official by reason of--,
"(1) fire, flood, casualty, or other disaster, or
"(2) breakage, destruction, or other damage (but not including
theft) resulting from vandalism or malicious mischief,
if such disaster or damage occurred in the United States and if such
distilled spirits, wines, rectified products, or beer were held and
intended for sale at the time of such disaster or other damage. The
payments provided for in this section shall be made to the person
holding such distilled spirits, wines, rectified products, or beer for
sale at the time of such disaster or other damage.
"(b) CLAIMS.--,
"(1) PERIOD FOR MAKING CLAIM; PROOF.-- No claim shall be
allowed under this section unless--,
were lost,
rendered unmarketable, or condemned by a duly authorized
official, and
Secretary
that the claimant--,
beer
covered by the claim; and
"(2) MINIMUM CLAIM.-- Except as provided in paragraph (3) (A),
no claim of less than $250 shall be allowed under this section
with respect to any disaster or other damage (as the case may be).
"(3) SPECIAL RULES FOR MAJOR DISASTERS.-- If the President has
determined under the Disaster Relief Act of 1974
// 42 USC 5121 //
that a 'major disaster' (as defined in such Act) has occurred in
any part of the United States, and if the disaster referred to in
subsection (a)(1) occurs in such part of the United States by
reason of such major disaster, then--,
shall
not expire before the day which is 6 months after the
date
on which the President makes the determination that
such
major disaster has occurred.
"(4) REGULATIONS.-- Claims under this section shall be filed
under such regulations as the Secretary shall prescribe.".
(b) CLERICAL AMENDMENT.-- The table of sections for subpart E of part
I of subchapter A of chapter 51 of such Code is amended by striking out
the item relating to section 5064 and inserting in lieu thereof the
following:
or malicious
mischief.".
(c) EFFECTIVE DATE.-- The amendments made by this section // 26 USC
5064 // shall apply to disasters (or other damage) occurring on or after
the first day of the first calendar month which begins more than 90 days
after the date of the enactment of this Act.
Approved October 6, 1978.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 1038 (Comm. on Ways and Means).
SENATE REPORT No. 95 - 1112 (Comm. on Finance).
CONGRESSIONAL RECORD, Vol. 124 (1978):
May 8, considered and passed House.
Aug. 25, considered and passed Senate, amended.
Sept. 19, House concurred in Senate amendment with amendments.
Sept. 25, Senate concurred in House amendments.
PUBLIC LAW 95-422, STAT. 932, FEDERAL FIRE PREVENTION AND CONTROL ACT
OF 1974
Prevention and Control Act
of 1974, and to change the name of the National Fire
Prevention and Control
Administration to the United States Fire
Administration.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) section 17 of
the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2216) is
amended--,
(1) by striking out "except section 11 of this Act," and insert
in lieu thereof "except as otherwise specifically provided, with
respect to the payment of claims, under section 11 of this Act,";
(2) by striking out "and" after " September 30, 1977,"; and
(3) by inserting immediately after "1978" the following: ",and
not to exceed $24,352,000 for the fiscal year ending September 30,
1979".
(b) Section 16(b) of the Act of March 3, 1901 (15 U.S.C.278F(B)), is
amended--,
(1) by striking out "and" after " September 30, 1977,", and
(2) by inserting immediately after "1978" the following: ",and
not to exceed $5,600,000 for the fiscal year ending September 30,
1979".
SEC. 2. (a)(1) Sections 3,4, and 5 of the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2202 - 2204) are amended by striking out
" National Fire Prevention and Control Administration" each place it
appears and inserting in lieu thereof " United States Fire
Administration".
(2) The heading of section 5 of such Act is amended by striking
out " NATIONAL FIRE PREVENTION AND CONTROL ADMINISTRATION" and
inserting in lieu thereof " UNITED STATES FIRE ADMINISTRATION".
(b) Section 16(a) of the Act of March 3, 1901 (15 U.S.C. 278f(
a)), is amended by striking out " National Fire Prevention and
Control Administration" in the matter preceding paragraph (1) and
inserting in lieu thereof " United States Fire Administration".
(c) Section 12(g) of the Act of February 14, 1903 (15 U.S.C.
1511), is amended by striking out " National Fire Prevention and
Control Administration" and inserting in lieu thereof " United
States Fire Administration".
SEC. 3. (a) The Federal Fire Prevention and Control Act of 1974
(15 U.S.C. 2201 et seq.) is amended by adding at the end thereof
the following new section:
" SEC. 24. // 15 USC 2220. // (a) The Administrator shall--,
"(1) develop arson detection techniques to assist Federal
agencies and States and local jurisdictions in improving arson
prevention, detection, and control;
"(2) provide training and instructional materials in the skills
and knowledge necessary to assist Federal, State, and local fire
service and law enforcement personnel in arson prevention,
detection, and control;
"(3) formulate methods for arson data which would be compatible
with methods of collection used for the uniform crime statistics
of the Federal Bureau of Investigation;
"(4) develop and implement programs for improved collection of
nationwide arson statistics within the National Fire Incident
Reporting System at the National Fire Data Center;
"(5) develop programs for public education on the extent,
causes, and prevention of arson; and
"(6) develop handbooks to assist Federal, State, and local fire
service and law enforcement personnel in arson prevention and
detection.
"(b) (1) The Administrator shall prepare and submit to Congress, not
later than March 15, 1979, a report on ways in which the Federal
Government may better assist the States and local jurisdictions in
providing for more effective arson prevention, detection, and control.
Such report shall include, but need not be limited to--,
"(A) (i) an assessment of State and local capabilities in
regard to arson investigation and detection; and
"(ii) an evaluation of the necessity for and the desirability
of Federal supplementation of such State and local capabilities or
other Federal assistance in arson detection;
"(B) a summary of Federal programs which seek to reduce arson;
"(C) an identification and analysis of existing Federal and
State laws which may contribute to the incidence of arson;
"(D) recommendations for additional legislation or other
programs, including research programs, or policies which may be
required to assist in reducing arson in the United States; and
"(E) an assessment, where practical, of the costs and benefits
of those programs and activities cited in paragraphs (1) through
(4) of subsection (a) or recommended by the Administration.
"(2) Of the funds authorized to be appropriated in section 17 of this
Act, // 15 USC 2216. // $100,000 shall be available in fiscal year 1979
for carrying out the purposes of paragraph (1) of this subsection.".
(b) Section 16(a)(1) of the Act of March 3, 1901 (15 U.S.C. 278f(a)(
1), as amended, is further amended by--,
(1) striking out "and" at the end of clause (G) thereof; (2)
adding "and" at the end of clause (H) thereof; and (3) adding at
the end thereof the following:
"(I) methods, procedures, and equipment for arson prevention,
detection, and investigation;".
SEC. 4. The Federal Fire Prevention and Control Act of 1974 (15 U.S.
C. 2201 et seq.), as amended by section 3 of this Act, is further
amended by adding at the end thereof the following new section:
" SEC. 25. // 25 USC 2221 // (a) The Administrator is authorized to
sell the former Marjorie Webster Junior College facility, located in
Washington, D.C., which was previously purchased as the site for the
Academy. In the event of the sale of such facility, the Administrator
shall establish within the Administration an Academy Acquisition and
Construction Account (hereinafter referred to as the ' Account'), and
shall deposit into such Account only the proceeds from the sale of such
facility. Following such deposit, the Administrator shall calculate the
sum of both the funds deposited into the Account, and the total monies
which have been or may be appropriated for the acquisition,
construction, and/or rehabilitation of a site for the Academy. If the
Administrator finds that the total amount so calculated would exceed
$9,000,000, the Administrator shall deduct from the Account the
difference between this combined total and $9,000,000, and shall deposit
such difference into the Treasury as miscellaneous receipts.
"(b) The Administrator is thereafter authorized and directed to
retain and apply funds in the Account for the acquisition, construction,
and/or rehabilitation of any site which may be selected, together with
such other monies as have been or may be appropriated for such purposes,
except that the total authorized expenditure for such monies shall not
exceed $9,000,000. Such sums shall remain available until expended.".
Approved October 5, 1978.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 992 (Comm. on Science and Technology).
SENATE REPORT No. 95 - 798 accompanying S. 1794 (Comm. on Commerce,
Science
and Transportation).
CONGRESSIONAL RECORD, Vol. 124 (1978):
May 15, considered and passed House.
June 13, considered and passed Senate, amended, in lieu