PUBLIC LAW 95-315, 92 STAT. 377, SMALL BUSINESS ENERGY LOAN ACT
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may be
cited as the " Small Business Energy Loan Act". // 15 USC 631 //
Sec. 2. Section 7 of the Small Business Act // 15 USC 636 // is
amended by adding at the end thereof the following new subsection:
"(1) (1) The Administration also is empowered to make loans (either
directly or in cooperation with banks or other lending institutions
through agreements to participate on an immediate or deferred basis) as
the Administrator may determine to be necessary or appropriate to assist
any small business concern in financing plant construction, conversion,
expansion (including acquisition of land for such a plant), or startup,
and the acquisition of equipment, facilities, machinery, supplies, or
materials to enable such concern to design architecturally or engineer,
manufacture, distribute, market, install, or service any of the
following energy measures:
"(A) Solar thermal energy equipment which is either of the
active type based upon mechanically forced energy transfer or of
the passive type based on convective, conductive, or radiant
energy transfer or some combination of these types.
"(B) Photovoltaic cells and related equipment.
"(C) A product or service the primary purpose of which is
conservation of energy through devices or techniques which
increase the energy efficiency of existing equipment, methods of
operation, or systems which use fossil fuels, and which is on the
Energy Conservation Measures List of the Secretary of Energy or
which the Administrator determines to be consistent with the
intent of this subsection.
"(D) Equipment the primary purpose of which is production of
energy from wood, biological waste, grain, or other biomass source
of energy.
"(E) Equipment the primary purpose of which is industrial
cogeneration of energy, district heating, or production of energy
from industrial waste.
"(F) Hydroelectric power equipment.
"(G) Wind energy conversion equipment.
"(H) Engineering, architectural, consulting, or other
professional services which are necessary or appropriate to aid
citizens in using any of the measures described in subparagraphs
(A) through (G).
Proceeds of loans under this subsection shall not be used primarily for
research and development.
"(2) No loan shall be made under this subsection if the total amount
outstanding and committed (by participation or otherwise) to the
borrower from the business loan and investment fund established by this
Act would exceed $500,000. No loan made or effected under this
subsection directly or in cooperation with banks or other lending
institutions through agreements to participate on an immediated basis
shall exceed $350, 000.
"(3) No financial assistance shall be extended pursuant to this
subsection unless the financial assistance applied for is not otherwise
available on reasonable terms from non-Federal sources.
"(4) No immediate participation may be purchased unless it is shown
that a deferred participation is not available; and no loan may be made
unless it is shown that a participation is not available.
"(5) In agreements to participate in loans on a deferred basis under
this subsection, the Administration's participation shall not be in
excess of 90 per centum of the balance of the loan outstanding at the
time of disbursement.
"(6) The Administration's share of any loan made under this
subsection shall bear interest at the same rate as loans made under
subsection (a) of this section. The maximum terms of any such loan,
including extensions and renewals, may not exceed fifteen years.
"(7) All loans made under this subsection shall be of such sound
value as reasonably to assure repayment, recognizing that greater risk
may be associated with loans made to business concerns in this field:
Provided, That factors in determining 'sound value' shall incude, but
not be limited to, quality of the product or service; technical
qualifications of the applicant of the applicant or his employees;
sales projections; and the financial status of the business concern:
Provided further, That such status need not be as sound as that required
for loans under subsection (a) of this section.
"(8) (A) The Administration, after consultation with the Department
of Energy and other Federal departments and agencies as the
Administrator deems appropriate, shall publish in the Federal Register
for public comment not later than sixty days after the date of enactment
of this subsection proposed regulations to carry out the provisions to
this subsection. The Administration shall make all reasonable efforts
to solicit comments from small businesses and shall take into
consideration comments submitted regarding such proposed regulations.
"(B) The administration shall publish final regulations under this
subsection not later than one hundred and eighty days after the date of
enactment of this subsection.
"(9) It is the intent of Congress that the paperwork burden and
regulatory impact on applicants under this subsection shall be
minimized. and that to the maximum extent practicable, the Administrator
may rely upon consultation with the Department of Energy and other
agencies, upon paid consultants, and upon voluntary public submissions
of information to obtain market data, industry sales projections, energy
savings, and other economic information needed to carry out the
provisions of section 7(1) (1) (D) and (E). Nothing in this subsection
shall be construed as precluding the Administrator from using any of his
lawful powers to obtain information from applicants.".
Sec. 3. Section 7 (d) of the Small Business Act // 15 USC 636 // is
amended by inserting "(1)" after "(d) and by adding at the end of such
subsection the following paragraph:
"(2) The Administration is authorized to hold seminars throughout the
Nation to make potential applicants aware of the opportunities available
under this subsection and related government energy programs, and to
make grants to qualified organizations to provide training seminars for
small business concerns regarding practical and easily implemented
methods for design, manufacture, installation, and servicing of
equipment and for providing service listed in paragraph (1) of this
subsection, except that recipients of loans made pursuant to this
subsection shall not subsequently be eligible for such grants.".
Sec. 4. Section 4 (c) of the Small Business Act // 15 USC 633. // is
amended--,
(1) is subparagraph (B) of paragraph (1), by inserting "7 (1),"
after "7 (2),"; and
(2) is subparagraph (B) of paragraph (2), by inserting "7 (1),"
after 7(i),".
Sec. 5. Section 20 (e) of the Small Business Act ( 15 U.S.C. 649
(e)) // 15 USC 631 // is amended by adding at the end thereof a new
paragraph as follows:
"(10) For the programs authorized by section 7(1) of this Act, // 15
USC 636. // the Administration is authorized to make $30,000,000 in
direct and immediate participation loans and $45,000,000 is guaranteed
loans. ".
Sec. 6. Section 10 (b) of the Small Business Act (15 U.S.C. 639 (b))
is amended by adding the following: " Such report shall contain the
number and amount of loans, the number of applications, the total amount
applied for, and the number and amount of defaults for each type of
equipment or service for which loans are authorized by this subsection,
and on the projected and actual energy savings and numbers of jobs
created by firms through loans made under section 7 (1) of the Small
Business Act. // 15 USC 636. // The Department of Energy shall assist
the Administration in obtaining information and compiling this report.".
Sec 7. Section 20 (f) of the Small Business Act (15 U.S.C. 649 (f))
// 15 USC 631 // is amended by striking the first sentence and inserting
in lieu thereof: " There are authorized to be appropriated to the
Administration for fiscal year 1979 $1,750,000 to carry out the programs
referred to in subsection (e), paragraphs (1) through (10).".
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 1071 (Comm. on Small Business).
SENATE REPORT No. 95 - 828 (Select Comm. on Small Business).
CONGRESSIONAL RECORD, Vol. 124 (1978):
May 2, considered and passed House.
May 24, considered and passed Senate, amended.
June 16, House concurred in Senate amendment with amendments.
June 19, Senate concurred in House amendments.
PUBLIC LAW 95-314, 92 STAT. 376
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 5 (a) of
the Fishery Conservation Zone Transition Act. (Public Law 95 - 73; 91
Stat. 283) // 16 USC 1823 // is amended to read as follows:
"(a) Congressional Approval.--The Congress hereby approves the
Reciprocal Fisheries Agreement for 1978 between the Government of the
United States and the Government of Canada (hereinafter in this section
referred to as the ' Agreement') as contained in the message to Congress
from the President of the United States dated May 1, 1978. The Agreement
shall be in force and effect with respect to the United States from
January 1, 1978, until such later date in 1978 as may be determined
pursuant to the terms of the Agreement.".
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 1215 (Comm. on Merchant Marine and Fisheries).
SENATE REPORT No. 65 - 955 (Comm. on Commerce, Science, and
Transportation and Comm. on Foreign Relations).
CONGRESSIONAL RECORD, Vol. 124 (1978):
May 25, considered and passed House.
June 29, considered and passed Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 14, no. 27:
July 1, Presidential statement.
PUBLIC LAW 95-313, 92 STAT. 365, COOPERATIVE FORESTRY ASSISTANCE ACT
OF 1978
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may be
cited as the " Cooperative Forestry Assistance Act of 1978". // 16 USC
2101 //
Sec. 2. (a) Congress finds and declares that--,
(1) most of the Nation's productive forest land is in private,
State, and local governmental ownership, and the Nation's capacity
to produce renewable forest resources is significantly dependent
on these non-Federal forest lands;
(2) adequate supplies of timber and other forest resources are
essential to the Nation, and adequate supplies are dependent upon
efficient methods for establishing, managing, and harvesting trees
and processing, marketing, and using wood and wood products;
(3) managed forest lands provide habitats for fish and
wildlife, as well as esthetics, outdoor recreation opportunities,
and other forest resources;
(4) insects and diseases affecting trees occur and sometimes
create emergency conditions on all land, whether Federal or
non-Federal, and efforts to prevent and control such insects and
diseases often require coordinated action by both Federal and
non-Federal land managers;
(5) fires in rual areas threaten human lives, property, and
forests and other resources, and Federal-State cooperation in
forest fire protection has proven effective and valuable;
(6) trees and forests are of great environmental and economic
value to urban areas; and
(7) managed forests contribute to improving the quality,
quantity, and timing of water yields, which are of broad benefit
to society.
(b) The purpose of this Act is to authorize the Secretary of
Agriculture (hereinafter in this Act referred to as the " Secretary")
with respect to non-Federal forest lands, to assist in--,
(1) the advancement of forest resources management;
(2) the encouragement of the production of timber;
(3) the prevention and control of insects and diseases
affecting trees and forests;
(4) the prevention and control of rural fires;
(5) the efficient utilization of wood and wood residues,
including the recycling of wood fiber;
(6) the improvement and maintenance of fish and wildlife
habitat; and
(7) the planning and conduct of urban forestry programs.
(c) It is in the national interest for the Secretary to work through
and in cooperation with State foresters or equivalent State officials in
implementing Federal programs affecting non-Federal forest lands,
(d) This Act shall be deemed to complement the policies and direction
set forth in the Forest and Rangeland Renewable Resources Planning Act
of 1974. // 16 USC 1600 //
Sec. 3. (a) Congress finds that--,
(1) production of timber on non-Federal forest lands and the
efficient processing and use of wood produced on these lands are
important in meeting the Nation's demand for wood and wood
products;
(2) the Federal Government can assist in increasing timber
inventories, improving and maintaining fish and wildlife habitat,
and providing other forest resources on non-Federal forest lands;
and
(3) Federal assistance in forest resources management on
non-Federal forest lands and the utilization of resources from
these lands contribute to the economic strength and environmental
quality of the Nation, providing many public benefits.
(b) The Secretary is authorized to provide financial, technical, and
related assistance to State foresters or equivalent State officials
to--,
(1) develop genetically improved tree seeds;
(2) procure, produce, and distribute tree seeds and trees for
the purpose of establishing forests, windbreaks, shelterbelts,
woodlots, and other plantings;
(3) plant tree seeds and trees for the reforestation or
afforestation of non-Federal forest lands suitable for the
production of timber and other benefits associated with the
growing of trees;
(4) plan, organize, and implement measures on non-Federal
forest lands, including, but not limited to, thinning, prescribed
burning, and other silvicultural practices designed to increase
the quantity and improve the quality of trees and other
vegetation, fish and wildlife habitat, and water yielded
therefrom;
(5) protect or improve soil fertility on non-Federal forest
lands and the quality, quantity, and timing of water yields; and
(6) provide technical information, advice, and related
assistance to private forest landowners and managers, vendors,
forest operators, wood processors, public agencies, and
individuals regarding--,
(c) There are hereby authorized to be appropriated annually such sums
as may be needed to implement this section.
Sec. 4. (a) The Secretary is authorized to develop and implement a
forestry incentives program to encourage the development, management,
and protection of nonindustrial private forest lands. The purposes of
such program shall be to encourage landowners to apply practices that
will provide for afforestation of suitable open lands, reforestation of
cutover or other nonstocked or understocked forest lands, timber stand
improvement practices, including thinning, prescribed burning, and other
silvicultural treatments, and forest resources management and
protection, so as to provide for the production of timber and other
forest resources associated therewith.
(b) For the purposes of this section, the term "private forest land"
means land capable of producing crops of industrial wood and owned by
any private individual, group, Indian tribe or other native group,
association, corporation, or other legal entity.
(c) Landowners shall be eligible for cost sharing under this program
if they own one thousand acres or less of private forest land, except
that the Secretary may approve cost sharing with landowners owning more
than one thousand acres of such land if significant public benefits will
accrue. In no case, however, may the Secretary approve cost sharing
with landowners owning more than five thousand acres of private forest
land.
(d) The Secretary shall administer this section in accordance with
regulations the Secretary shall develop in consultation with the
committee described in section 10 (c) of this Act. Regulations issued
under title X of the Agricultural Act of 1970, as added by the
Agriculture and Consumer Protection Act of 1973, // 16 USC 1501 // to
the extent not inconsistent with the provisions of this section, shall
remain in effect until revoked or amended by regulations issued under
this subsection. The regulations issued under this subsection shall
include guidelines for the administration of this section at the Federal
and State levels, and shall identify the measures and activities
eligible for cost sharing under this section.
(e) Individual forest management plans developed by the landowner in
cooperation with and approved by the State forester or equivalent State
official shall be the basis for agreements between the landowner and the
Secretary under this section. The Secretary shall encourage
participating States to use private agencies, consultants,
organizations, and firms to the extent feasible for the preparation of
individual forest management plans.
(f) In return for the agreement by the landowner, the Secretary shall
agree to share the cost of implementing those forestry practices and
measures set forth in the agreement for which the Secretary determines
that cost sharing is appropriate. The portion of such cost (including
labor) to be shared shall be that portion that the Secretary determines
is necessary and appropriate to implement the forestry practices and
measures under the agreement, but not more than 75 percent of the
actural costs incurred by the lanowner. The maximum amount any
idividual may receive annually under the program authorized by this
section shall be determined by the Secretary in consultation with the
committee described in section 10 (c) of this Act.
(g) The Secretary shall, for the puposed of this section, distribute
funds available for cost sharing among the States only after assessing
the public benefit incident thereto, and after giving appropriate
consideration to (1) the acreage of private commerical forest land in
each State, (2) the potential productivity of such land, (3) the number
of ownerships eligible for cost sharing in each State, (4) the need for
reforestation, timber stand improvement, or other forestry investments
on such ownerships, and (5) the enhancement of other forest resources.
(h) The Secretary may, if the Secretary determines that doing so will
contribute to the effective and equitable administration of the program
authorized by this section, use an advertising and bid procedure in
determining the lands in any area to be covered by agreements under this
section.
(i) In implementing this section, the Secretary may use the
authorities provided in sections 1001, 1002, 1003, 1004, and 1008 of the
Agricultural Act of 1970, as added by the Agriculture and Comsumer
Protection Act of 1973, // 16 USC 1501 - 1504, 1508. //
(j) There are hereby authorized to be appropriated annually such sums
as may be needed to implement this sectin, including funds necessary for
technical assistance and expenses associated therewith.
Sec. 5. (a) The Secretary is authorized to protect from insects and
diseases trees and forests and wood products, stored wood, and wood in
use directly on the National Forest System and in cooperation with
others on other lands in the United States, in order to--,
(1) enhance the growth and maintenance of trees and forests;
(2) promote the stability of forest-related industries and
employment associated therewith through potection of forest
resources;
(3) aid in forest fire prevention and control;
(4) conserve forest cover on watersheds;
(5) protect outdoor recreation opportunties and other forest
resources; and
(6) extend timber supplies by protecting wood poducts, stored
wood, and wood in use.
(b) Subject to the provisions of subsections (c), (d), and (e) of
this section and subject to whatever other conditions the Secretary may
prscribe, the Secretary is authorized, directly on the National Forest
System, and in cooperation with other Federal departments on other
Federal lands, and in cooperation with State foresters or equivalent
State officials, subdivisions of States, agencies, institutions,
organizations, or individuals on non-Federal lands, to--,
(1) conduct surveys to detect and appraise insect infestations
and disease conditions affecting trees;
(2) determine the biological, chemical, and mechanical measures
necessary to prevent, retard, control, or suppress incipient,
potential, threatening, or emergency insect infestations and
disease conditions affecting trees;
(3) plan, organize, direct, and perform measures the Secretary
determines necessary to prevent, retard, control, or suppress
incipient, potential, threatening, or emergency insect
infestations and disease epidemics affecting trees;
(4) provide technical information, advice, and related
assistance in managing and coordinating the use of pesticides and
other toxic substances applied to trees and other vegetation, and
to wood products, stored wood, and wood in use; and
(5) take any other actions the Secretary deems necessary to
accomplish the objectives and purposes of this section.
(c) Operations planned to prevent, retard, control, or suppress
insects or diseases affecting forests and trees on land not controlled
or administered by the Secretary shall not be conducted without the
consent, cooperation, and participation of the entity having ownership
of or jurisdiction over the affected land.
(d) No money appropriated to implement this section shall be expended
to prevent, retard, control, or suppress insects or diseases affecting
trees on non-Federal land until the entity having ownership of or
jurisdiction over the affected land contributes, or agrees to
contribute, to the work to be done in the amount and in the manner
determined by the Secretary.
(e) The Secretary may, in the Secretary's discretition and out of any
money appropriated ot implement this section, make allocations to
Federal agencies having jurisdiction over lands held or owned by the
United States in the amounts the Secretary deems necessary to prevent,
retard, control, or suppress insect infestations and disease epidemics
affecting trees on those lands.
(f) Any money appropriated to implement this section shall be
available for necessary expenses. However, no money appropriated to
implement this section shall be used to (1) pay the cost of felling and
removing dead or dying trees unless the Secretary determines that such
actions are necessary to prevent the spread of a major insect
infestation or disease epidemic severely affecting trees, or (2)
compensate for the value of any property injured, damaged, or destroyed
by any cause. The Secretary may procure materials and equipment
necessary to prevent, retard, control, or suppress insects and diseases
affecting trees without regard to section 3709 of the Revised Statutes,
as amended (41 U.S.C.5), under whatever procedures the Secretary may
prescribe, whenever the Secretary deems such action necessary and in the
public interest.
(g) There are hereby authorized to be appropriated annually such sums
as may be needed to implement this section.
Sec. 6. (a) Congress finds that--,
(1) trees and forests in urban areas, including cities, their
suburbs, and towns, improve esthetic quality, reduce noise, filter
impurities from the air and add oxgen to it, save energy by
moderating temperature extremes, control wind and water erosion,
and provide habitat for wildlife:
(2) trees and forests in urban areas are weakened, damaged, or
killed by highway and street widening, sidewalk construction, air
pollution, modified drainage patterns, erosion, depletion of soil
fertility, insects and diseases, mechanical and structural
facilities, and other adverse influences that result from or are
aggravated by the concentrated use of land; and
(3) planting, protecting, and maintaining trees and forests and
utilizing wood from pruned limbs, danaged trees, and felled trees
in urban areas make those areas more pleasant and healthful.
(b) The Secretary is authorized to provide financial, technical, and
related assistance to State foresters or equivalent State officials for
the purpose of encouraging States to provide information and technical
assistance to units of local government and others that will encourage
cooperative efforts to plan urban forestry programs and to plant,
protect, and maintain, and utilize wood from, trees in open spaces,
greenbelts, roadside screens, parks, woodlands, curb areas, and
residential developments in urban areas. The Secretary is also
authorized to cooperate directly with units of local government and
others in implelmenting this section whenever the Secretary and the
affected State forester or equivalent State official agree that direct
cooperation would better achieve the purposes of this section.
(c) There are hereby authorized to be appropriated annually such sums
as may be needed to implement this section.
Sec. 7. (a) Congress finds that--,
(1) singnificant accomplishments have been made by the
Secretary and cooperating States in the prevention and control of
fires on forest lands and on nonforested watersheds for more than
fifty years;
(2) progress is being made by the Secretary and cooperating
States and rural communities in the protection of human lives,
agricultural crops and livestock, property and other improvements,
and natural resources from fires in rural areas;
(3) notwithstanding the accomplishments and progress that have
been made, fire prevention and control on rural lands and in rural
communities are of continuing high priority to protect human
lives, agricultural crops and livestock, property and other
improvements, and natural resources;
(4) the effective cooperative relationships between the
Secretary and the States regarding fire prevention and control on
rural lands and in rural communities should be retained and
improved;
(5) efforts in fire prevention and control in rural areas
should be coordinated among Federal, State, and local agencies;
and
(6) in addition to providing assistance to State and local
rural fire prevention and control programs, the Secretary should
provide prompt and adequate assistance whenever a rural fire
emergency overwhelms, or threatens to overwhelm, the firefighting
capability of the affected State or rural area.
(b) Notwithstanding the Federal Fire Prevention and Control Act of
1974, // 15 USC 2201 // the Secretary is authorized, under whatever
conditions the Secretary may prescribe, to--,
(1) cooperate with State foresters or equivalent State
officials in developing systems and methods for the prevention,
control, suppression, and prescribed use of fires on rural lands
and in rural communities that will protect human lives,
agricultural crops and livestock, property and other improvements,
and natural resources;
(2) provide financial, technical, and related assistance to
State foresters or equivalent State officials, and through them to
other agencies and individuals, for the prevention, control,
suppression, and prescribed use of fires on non-Federal forest
lands and other non-Federal lands; and
(3) provide financial, technical, and related assistance to
State foresters or equivalent State officials in cooperative
efforts to organize, train, and equip local firefighting forces,
including those of Indian tribes or other native groups, to
prevent, control, and suppress fires threatening human lives,
crops, livestock, farmsteads or other improvements, pastures,
orchards, wildlife, rangeland, woodland, and other resources in
rural areas. As used herein, the term "rural areas" shall have
the meaning set out in the first clause of section 306 (a) (7) of
the Consolidated Farm and Rural Development Act.
// 7 USC 1926. //
(c) The Secretary, with the cooperation and assistance of the
Administrator of General Services, shall encourage the use of excess
personal property (within the meaning of the Federal Property and
Administrative Services Act of 1949) // 40 USC 471 // by State and local
fire forces receiving assistance under this section.
(d) To promote maximum effectiveness and economy, the Secretary shall
seek to coordinate the assistance the Secretary provides under this
section with the assistance provided by the Secretary of Commerce under
the Federal Fire Prevention and Control Act of 1974. // 15 USC 2201 //
(e) There are hereby authorized to be appropriated annually such sums
as may be needed to implement subsection (b) of this section.
(f) There shall be established in the Treasury a special rural fire
disaster fund that shall be immediately available to and used by the
Secretary to supplement any other money available to carry out this
section with respect rural fire emergencies, as determined by the
Secretary. The Secretary shall determine that State and local resources
are fully used or will be fully used before expending money in the
disaster fund to assist a State in which one or more rural fire
emergencies exist. There are hereby authorized to be appropriated such
sums as may be needed to establish and replenish the disaster fund
established by this subsection.
Sec. 8. (a) To aid in achieving maximum effectiveness in the
programs and activities conducted under this Act, the Secretary is
authorized to provide financial, technical, and related assistance to
State foresters or equivaltent State officials for the Development of
stronger and more efficient State organizations that will enable them to
fulfill better their responsibilities for the protection and management
of non-Federal forest lands. Assistance underthis subsection may
include, but will not be limited to, assistance in matters related to
organization management, program planning and management, budget and
fiscal accounting services, personnel training and management,
information services, and recordkeeping. Assistance under this
subsection may be extended only upon request by State foresters or
equivalent State officials.
b) To ensure that data regarding forest lands are available for and
effectively presented in State and Federal natural resources planning,
the Secretary is authorized to provide financial, technical, and related
assistance to State foresters or equivalent State officials in the
assembly, analysis, display, and reporting of State forest resources
data, in the training of State forest resources planners, and in
participating in natural resources planning at the State and Federal
levels. The Secretary shall rstrict assistance under this subsection to
the implementation of th forestry aspects of State and Federal natural
resources planning conducted under other laws. This subsection shall
not be construed, in any way whatsoever, as extending, limiting,
amending, repealing, or otherwise affecting any other law or authority.
(c) To ensure that new technology is intoduced, new information is
integrated into existing technoloty, and forest resources research
findings are promptly made available to State forestry personnel,
private forest lanowners and managers, vendors, forest operators, wood
processors, public agencies, and individuals, the Secretary is
authorized to carry out a program of technology implementation.
(1) In implementing this subsection, the Secretary is
authorized to work through State foresters or equivalent State
officials, and, if the State forester or equivalent State official
is unable to deliver these services, the Secretary is authorized
to act through appropriate United States Department of Agriculture
agencies, subdivisions of States, agencies, institutions,
organizations, or individuals to--,
(2) The Secretary may make funds available to cooperators under
this Act without regard to the provisions of section 3648 of the
Revised Statutes (31 U.S.C. 529), which prohibits advances of
public money.
(3) The Secretary shall use forest resources planning
committees at National and State levels in implementing this
subsection.
(d) There are hereby authorized to be appropriated annually such sums
as may be needed to implement this section.
Sec. 9. (a) To provide flexibility in funding activities authorized
under this Act, // 16 USC 2108 // the Secretary may, upon the request of
any State consolidate the annual financial assistance payments to that
State under this Act, in lieu of functional cost sharing mechanisms,
formulas, or agreements. However, consolidated payments shall not
include money appropriated under section 4 of this Act or money from any
special Treasury fund established under this Act.
(b) Consolidation of payments made under this section shall be based
upon State forest resources programs developed by State foresters or
equivalent State officials, and reviewed by the Secretary.
(c) Consolidated payments to any State during any fiscal year shall
not exceed the total amount of non-Federal funds expended within the
State during that year to implement its State forest resources program.
However, the Secretary may make payments that exceed the non-Federal
amount expended for selected activities under the program, if the total
Federal expenditure during any fiscal year does not exceed the total
non-Federal expenditure during that year under the State forest
resources program.
(d) The Secretary may make consolidated payments on the certificate
of the State forester or equivalent State official that the conditions
for Federal payment have been met.
(e) The Secretary shall administter this section to ensure that the
use of consolidated payments does not adversely affect or eliminate any
program authorized under this Act.
(f) Subject to applicable appropriation Acts, the total annual amount
of financial assistance to any participating State after the enactment
of this Act shall not be less than the base amount of financial
assistance provided to that State under all provisions of law specified
in section 13 of this Act during the fiscal year in which this Act is
enacted. However, financial assistance for special projects of two
years or less duration shall not be included in determining the base
amount for any participating State.
Sec 10. (a) In implementing this Act, // 16 USC 2109 // the
Secretary shall, to the maximum extent practicable--,
(1) work through, cooperate with, and assist State foresters or
equivalent State officials;
(2) encourage cooperation and coordination between State
foresters or equivalent State officials and other State agencies
that manage renewable natural resources;
(3) use and encourage cooperators under this Act to use,
private agencies, consultants, organizations, firms, and
individuals to furnish necessary materials and services; and
(4) promote effectiveness and economy by coordinating the
direct actions and assistance authorized under this Act with
related programs the Secretary administers, and with cooperative
programs of other agencies.
(b) Money appropriated under this Act shall remain available until
expended.
(c) Requirements for the development fo State forest resources
programs and State participation in management assistance, planning
assistance, and technology implementation, the apportionment of funds
among States participating under this Act, the administrative expenses
in connection with activities and programs under this Act, and the
amounts to be expended by the Secretary to assist non-State cooperators
under this Act, shall be determined by the Secretary in consultation
with a committee of not less than five State foresters or equivalent
State officials selected by a majority of the State foresters or
equivalent State officials from States participating in programs under
this Act. However, the Secretary need not consult with such committee
regarding funds to be expended under emergency conditions that the
Secretary may determine.
(d) For the purposes of this Act--,
(1) The terms " United States" shall include each of the
serveral States, the District of Columbia, the Commonwealth of
Puerto Rico, the Virgin Islands of the United States,
Commmonwealth of the Northern Mariana Islands, the Trust Territory
of the Pacific Islands, and the territories and possessions of the
United States;
(2) The terms "forest resources" shall include esthetics, fish
and wildlife, forage, outdoor recreation opportunities, timber,
and water; and
(3) The term "urban forestry" means the planning,
establishment, protection, and management of trees and associated
plants, individually, in small groups, or under forest conditions
within cities, their suburbs, and towns.
(e) The Secretary may prescribe rules and regulations, as the
Secretary deems appropriate, to implement the provisions of this Act.
(f) The Secretary is authorized to make grants, agreements,
contracts, and other arrangements the Secretary deems necessary to
implement this Act.
(g) This Act shall be construed as supplementing all other laws
relating to the Department of Agriculture and shall not be construed as
limiting or repealing any existing law or authority of the Secretary,
except as specifically cited in section 13 of this Act.
Sec. 11. This Act // 16 USC 2110. // does not authorize the Federal
Government to regulate the use of private land or to deprive owners of
land of their rights to property or to income from the sale of property,
and this Act does not diminish in any way the rights and
responsibilities of the States and political subdivisions of States.
Sec. 12. To ensure that Congress has adequate information to
implement its oversight responsibilities and to provide accountability
for expenditures and activities under this Act, section 8 (c) of the
Forest and Rangeland Renewable Resources Planning Act of 1974 // 16 USC
1606 // is amended by--,
(1) inserting immediately before the period at the end of the
last sentence "and in cooperative State and private Forest Service
programs"; and
(2) adding a new sentence at the end thereof as follows: with
regard to the cooperative forestry assistance part of the Program,
the report shall include, but not be limited to, a description of
the status, accomplishments, needs, and work backlogs for the
programs and activities conducted under the Cooperative Forestry
Assistance Act of 1978.".
AGREEMENTS;
APPROPRIATIONS
Sec. 13. (a) The following laws, and portions of laws, are hereby
repealed:
(1) sections 1,2,3, and 4 of the Act of June 7, 1924, known as
the Clarke-Mc Nary Act (43 Stat. 653 - 654, as amended; 16 U.S.
C. 564, 565, 566, 567);
(2) the Act of April 26, 1940, known as the White Pine Blister
Rust Protection Act (54 Stat. 168; 16 U.S.C. 594a);
(3) the Forest Pest Control Act
// 16 USC 594--1 //
(4) the Cooperative Forest Management Act;
// 16 USC 568c //
(5) section 401 of the Agricultural Act of 1956; (6) title IV
of the Rural Development Act of 1972;
// 16 USC 568e. //
and
(7) section 1009 and the proviso to section 1010 of the
Agricultural Act of 1970,
// 7 USC 2651. //
as added by the Agriculture and Consumer Protection Act of 1973.
// 16 USC 1509, 1510. //
(b) Contracts and cooperative and other agreements under cooperative
forestry programs executed under authority of the Acts, or portions
thereof, repealed under subsection (a) of this section shall remain in
effect until revoked or amended by their own terms or under other
provisions of law.
(c) Funds appropriated under the authority of the Acts, or portions
thereof, repealed under subsection (a) of this section shall be
available for expenditure for the programs authorized under this Act.
Sec. 14. The provisions of this Act // 16 USC 2101 // shall become
effective October 1, 1978.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 1183 (Comm. on Agriculture).
SENATE REPORT No. 95 - 879 accompanying S. 3033 (Comm. on
Agriculture, Nutrition, and Forestry).
CONGRESSIONAL RECORD, Vol. 124 (1978):
May 22, considered and passed House.
June 7, considered and passed Senate, amended, in lieu of S.
3033.
June 16, House concurred in Senate amendments.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 14, No. 27:
July 1, Presidential statememt,
PUBLIC LAW 95-312, 92 STAT. 364
Whereas the rapid development of America's economy is a result of the
interaction of the free enterprise of our people and the abundant
natural resources of our land; and
Whereas the present great prosperity of the United States is based
upon free enterprise; and
Whereas the principles of free enterprise are inexorably bound with
our principles of individual political freeddom; and
Whereas the belief of Americans in the essential justice of free
enterprise is being increasingly challenged throughout the world.
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the President is
authorized and requested to issue a proclamation designating July 1,
1978, as " Free Enterprise Day" and calling upon the people of the
United States and interested groups and organizations to observe such
day with appropriate ceremonies and activities.
LEGISLATIVE HISTORY:
CONGRESSIONAL RECORD, Vol. 124 (1978):
Apr. 20, considered and passed Senate.
June 26, considered and passed House.
PUBLIC LAW 95-311, 92 STAT. 363
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the proposed new
Veteran's Administration hospital in Little Rock, Arkansas, shall
hereafter be known and designated as the " John L. Mc Clellan Memorial
Veterans' Hospital". Any reference to such hospital in any law.
regulation, document, record, or other paper of the United States shall
be deemed a reference to it as the John L. Mc Clellan Memorial Hospital.
Sec. 2. The Administrator of Veterans' Affairs is authorized to
provide such memorial at the above-named hospital as he may deem
suitable to preserve the remembrance of the late John L. Mc Clellan.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 1284 accompanying H.R. 10287 (Comm. on
Veterans' Affairs).
CONGRESSIONAL RECORD:
Vol. 123 (1977): Dec. 15, considered and passed Senate.
Vol. 124 (1978): June 19, considered and passed House,
amended, in lieu of H.R. 10287. June 23, Senate concurred in House
amendments.
PUBLIC LAW 95-310, 92 STAT. 362
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That, notwithstanding
any requirement or limitation therein with respect to the location of
lands that may be conveyed, the Secretary of Agriculture is authorized
to convey as a townsite lands in the Wenatchee National Forest,
Washington, known as the Liberty Townsite, prusuant to and in accordance
with the provisions of the Act of July 31, 1958 (72 Stat. 438; 7
U.S.C. 1012a) as amended by section 213 of the Federal Land Policy and
Management Act of 1976 (90 Sta. 2743, 3760). // 90 Stat. 2760 //
LEGISLATIVE HISTORY:
HOUSE REPORT No 95 - 1291 (Comm. on Interior and Insular Affairs).
Senate REPORT No 95 - 519 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD:
Vol. 123 (1977): Oct. 28, considered and passed Senate.
Vol. 124 (1978): June 21, considered and passed House.
PUBLIC LAW 95-309, 92 STAT. 361
Whereas this Nation was founded on the principle of freedom of
religious thought;
Whereas the practice of this freedom continues today in the
expression of many philosophies and beliefs;
Whereas the American people have --or their ancestors have--come to
this country for many reasons, among them the freedom from presecution
for these beliefs; and
Wheras a deep kinship and true brotherhood exists among the various
national, religious, and racial groups making up this great Nation:
Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That Sunday, June 25, 1978, is
hereby designated as " National Brotherhood Day".
Sec. 2. The President is authorizeds and requested to issue a
proclamation calling upon the people of the United States to commemorate
National Brotherhood Day with appropriate celebrations and observances.
LEGIISLATIVE HISTORY:
CONGRESSIONAL RECORD, Vol. 124 (1978):
June 23, considered and passed House and Senate.
PUBLIC LAW 95-308, 92 STAT. 358
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled. That funds are hereby
authorized to be appropriated for necessary expenses of the United
States Coast Guard of fiscal year 1979, as follows:
(1) For the operation and maintenance of the Coast Guard,
including expenses related to the Capehart housing debt reduction:
$969,906,000;
(2) For the acquistiion, construction, rebuilding, and
improvement of aids to navigation, shore facilities, vessels, and
aircraft, including equipment related therto: $379,954,000 to
remain available until expended;
(3) For the alteration or removal of bridges over navigable
waters of the United States, constituting obstructions to
navigation: $34,603,000, to remain available until expended; and
(4) For research, development, test, and evaluation:
$25,000,000, to remain available until expended.
Sec. 2. For fiscal year 1979, the Coast Guard is authorized and end
of year strength of ractive duty personnel of 39,331: Provided, That
the ceiling shall not include members of the Ready Reserve called to
active duty under the authority of section 764 of title 14, United
States Code.
Sec. 3. For fiscal year 1979, average military training students
loads for the Coast Guard are authorized as follows:
(1) recruit and special training: 3,962 students:
(2) flight training: 95 students;
(3) professional training in military and civilian
institutions: 436 students; and
(4) officer acquisitions: 952 students.
Sec 4. Section 30 of the Federal Boat Safety Act of 1971 (46 U.SC.
1479) is amended by striking out "and 1978" and inserting in lieu
thereof ", 1978, 1979, and 1980,".
Sec. 5. The Coast Guard is authyorized to enter into a long-term
lease in excess of one fiscal year for the purpose of acquiring a site
on the Quillayute Indian Reservation in the State of Washington so that
the Quillayute River Coast Guard Station may be relocated: Provided,
That any such agreement entered into pursuant to this section shall be
effective only to such extent or in such amounts as are provided in
advance in appropriation Acts. The Coast Guard is also authorized to
expend, commencing with fiscal year 1979, appropriated funds for the
construction of fixed facitities and improvements on such land leased
from the Quillayute Indians.
Sec. 6. Subsection (b) of the first section of the Act of August 27,
1935 (relating to load lines for certain vessels) (46 U.S.C. 88 (b)), is
amended by (1) striking out " All" and inserting in lieu thereof " The
requirements of this Act shall not apply to (1) all"; (2) striking out
"except those constructed after the effective date of this subsection or
those converted to either of such services after 5 years from the
effective date of this subsection and " and inserting in lieu thereof
"which were constructed, or with respect to which construction was begun
or contracted for, before January 1, 1980, or which were converted to
such use, or with respect to which conversion to such use was begun or
contracted for, before January 1, 1980, so long as such conversion was
completed before January 1, 1983 (in the case of conversions); or (2)";
and (3) striking out ", are exempt from the requirements of this Act".
Sec. 7. Section 10 of the Act of May 28, 1908 (relating to seagoing
barges) (46 U.S.C. 395), is amended by (1) redesignating subsection (c)
as subsection (d) ; and (2) inserting immediately after subsection (b)
the following:
"(c) During the period beginning January 1, 1977, and ending January
1, 1982, the provisions of subsection (b) shall not apply to vessels of
not more than 5,000 gross tons used in the pocessing or assembling of
fishery products in the fisheries of the States of Oregon, Washington,
and Alaska.".
Sec 8. (a) The Congress finds adn declares the following:
(1) The transportation, production and handling of oil in, on,
or near the navigable and ocean waters of the Columbia River Basin
system creates substantial environmental risks, and may cause
serious damage to the general health, welfare, and economy of this
region.
(2) The vitality of the Columbia River estuary and marine
environment is crucial to the maintenance and enhancement of major
fishery resources for the enjoyment and livelihood of present and
future generations.
(3) The protection and betterment of this marine, estuarine and
fresh water river system requires a thorough, detailed assessment
of the current plans and capabilities to best prevent, contain,
clean-up and mitigate the damages resulting from possible oil
spills and discharges in the system.
(b) Within 180 days after the date of enactment of this section,
the
Commandant of the Coast Guard, in consultation with the appropriate
Federal, State, and local agencies, shall conduct a systematic, detailed
evaluation on the --,
(1) current procedures, safeguards, and capabilities to best
prevent, contain, clean-up, and mitigate damages resulting from
oil spills and discharges in, on, or near the navigable and ocean
waters of the Columbia River Basin system;
(2) available and required oceanographic meteorological, and
other relevant data necessary to best provide for the management
referred to in paragraph(1);
(3) potential risk of existing and projected oil tanker traffic
in, on, or near the navigable and ocean waters of the Columbia
River Basin system causing harm to the environment of such system
due to oil spills, fuel dumping, residual discharges, and other
releases of crude oil petroleum product; and
(4) need for legislation or other strategies to insure
protection of such system and its environment, including the
prompt development of an orderly, step-by-step contingency plan to
contain, cleanup, and mitigate the damages resulting from the
conditions referred to in paragraph (3).
The Commandant shall submit the results of such evaluation, immediately
upon completion, including such recommendations as he deems necessary,
to the Committee on Commerce, science, and Transportation of the Senate
and the Committee on Merchant Marine and Fisheries of the House of
Representatives.
Sec. 9. Paragraph (1) of the first section of the Act of July 1,
1977 // 91 Stat. 259 // (authorizing appropriations for the Coast Guard
for fiscal year 1978) is amended by striking out "$887,521,000;" and
inserting in lieu thereof "$892,900,000;".
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 1030 (Comm. on Marine and Fisheries).
SENATE REPORT No. 95 - 817 (Comm. on Commerce, Science, and
Transportation).
CONGRESSIONAL RECORD, Vol. 124 (1978):
Apr. 17, considered and passed House.
May 19, considered and passed Senate, amended.
June 14, House concurred in Senate amendments
PUBLIC LAW 95-307, 92 STAT. 353, FOREST AND RANGE LAND RENEWABLE
RESOURCES RESEARCH ACT OF 1978
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may be
cited as the " Forest and Rangeland Renewable Resources Research Act of
1978". // 16 USC 1600 //
Sec. 2. (a) Congress finds that scientific discoveries and
technological advances must be made and applied to support the
protection, management, and utilization of the Nation's renewable
resources. It is the purpose of this Act // 16 USC 1641 // to authorize
the Secretary of Agriculture (hereinafter in this Act referred to as the
" Secretary") to implement a comprehensive program of forest and
rangeland renewable resources research and dissemination of the findings
of such research.
(b) This Act shall be deemed to complement the policies and direction
set forth in the Forest and Rangeland Renewable Resources Planning Act
of 1974. // 16 USC 1600 //
Sec. 3. (a) The Secretary is authorized to conduct, support, and
cooperate in investigations, experiments, tests, and other activities
the Secretary deems necessary to obtain, analyze, develop, demonstrate,
and disseminate scientific information about protecting, managing, and
utilizing forest and rangeland renewable resources in rural, suburban,
and urban areas. The activities conducted, supported, or cooperated in
by the Secretary under this Act shall include, but not be limited to,
the five major areas of renewable resource research identified in
paragraphs (1) through (5) of this subsection.
(1) Renewable resource management research shall include, as
appropriate, research activities related to managing, reproducing,
planting, and growing vegetation on forests and rangelands for
timber, forage, water, fish and wildlife, esthetics, recreation,
wilderness, and other purposes; determining the role of forest
and rangeland management in the productive use of forests and
rangelands, in diversified agriculture, and in mining,
transportation, and other industries; and developing alternatives
for the management of forests and rangelands that will make
possible the most effective use of their multiple products and
services.
(2) Renewable resource environmental research shall include, as
appropriate, research activities related to understanding and
managing surface and subsurface water flow, preventing and
controlling erosion, and restoring damaged or disturbed soils on
forest and rangeland watersheds; maintaining and improving
wildlife and fish habitats; managing vegetation to reduce air and
water pollution, provide amenities, and for other purposes; and
understanding, predicting, and modifying weather, climatic, and
other environmental conditions that affect the protection and
managaement of forests and rangelands.
(3) Renewable resource protection research shall include, as
appropriate, research activities related to protecting vegetation
and other forest and rangeland resources, including threatened and
endangered flora and fauna, as well as wood and wood products in
storage or use, from fires, insects, diseases, noxious plants,
animals, air pollutants, and other agents through biological,
chemical, and mechanical control methods and systems; and
protecting people, natural resources, and property from fires in
rural areas.
(4) Renewable resource utilization research shall include, as
appropriate, research activities related to harvesting,
transporting, processing, marketing, distributing, and utilizing
wood and other materials derived from forest and rangeland
renewable resources; recycling and fully utilizing wood fiber;
and testing forest products, including necessary fieldwork
associated therewith.
(5) Renewable resource assessment research shall include, as
appropriate, research activities related to developing and
applying scientific knowledge and technology in support of the
survey and analysis of forest and rangeland renewable resources
described in subsection (b) of this section.
(b) To ensure the availability of adequate data and scientific
information for development of the periodic Renewable Resource
Assessment provided for in section 3 of the Forest and Rangeland
Renewable Resources Planning Act of 1974, // 16 USC 1601 // the
Secretary of Agriculture shall make and keep current a comprehensive
survey and analysis of the present and prospective conditions of and
requirements for renewable resources of the forests and rangelands of
the United States and of the supplies of such renewable resources,
including a determination of the present and potential productivity of
the land, and of such other facts as may be necessary and useful in the
determination of ways and means needed to balance the demand for and
supply of these renewable resources, benefits, and uses in meeting the
needs of the people of the United States. The Secretary shall conduct
the survey and analysis under such plans as the Secretary may determine
to be fair and equitable, and cooperate with appropriate officials of
each State and, either through them or directly, with private or other
entities.
Sec. 4. (a) In implementing this Act, // 16 USC 1643 // the
Secretary is authorized to establish and maintain a system of experiment
stations, research laboratories, experimental areas, and other forest
and rangeland research facilities. The Secretary is authorized, with
donated or appropriated funds, to acquire by lease, donation, purchase,
exchange, or otherwise, land or interests in land within the United
States needed to implement this Act, to make necessary expenditures to
examine, appraise, and survey such property, and to do all things
incident to perfecting title thereto in the United States.
(b) In implementing this Act, the Secretary is authorized to accept,
hold, and administer gifts, donations, and bequests of money, real
property, or personal property from any source not otherwise prohibited
by law and to use such gifts, donations, and bequests to (1) establish
or operate any forest and rangeland research facility within the United
States, or (2) perform any forest and rangeland renewable resource
research activity authorized by this Act. Such gifts, donations, and
bequests, or the proceeds thereof, and money appropriated for these
purposes shall be deposited in the Treasury in a special fund. At the
request of the Secretary, the Secretary of the Treasury may invest or
reinvest any money in the fund that in the opinion of the Secretary is
not needed for current operations. Such investments shall be in public
debt securities with maturities suitable for the needs of the fund and
bearing interest at prevailing market rates. There are hereby
authorized to be expended from such fund such amounts as may be
specified in annual appropriation Acts, which shall remain available
until expended.
(c) In implementing this Act, the Secretary may cooperate with
Federal, State, and other governmental agencies, with public or private
agencies, institutions, universities, and organizations, and with
businesses and individuals in the United States and in other countries.
The Secretary may receive money and other contributions from cooperators
under such conditions as the Secretary may prescribe. Any money
contributions received under this subsection shall be credited to the
applicable appropriation or fund to be used for the same purposes and
shall remain available until expended as the Secretary may direct for
use in conducting research activities authorized by this Act and in
making refunds to contributors.
(d) The paragraph headed " Forest research:" under the center heading
" Forest Service" and the center subheading " SALARIES AND EXPENSES" of
title I of the Department of Agriculture Appropriation Act, 1952 (65
Stat. 233; 16 U.S.C. 581a - 1), is amended by inserting a period
immediately after the figure "$5,108,603" and by striking all that
follows in that paragraph.
Sec. 5. In addition to any grants made under other laws, the
Secretary is authorized to make competitive grants that will further
research activities authorized by this Act to Federal, State, and other
governmental agencies, public or private agencies, institutions,
universities, and organizations, and businesses and individuals in the
United States. In making these grants, the Secretary shall emphasize
basic and applied research activities that are important to achieving
the purposes of this Act, and shall obtain, through review by qualified
scientists and other methods, participation in research activities by
scientists throughout the United States who have expertise in matters
related to forest and rangeland renewable resources. Grants under this
section shall be made at the discretion of the Secretary under whatever
conditions the Secretary may prescribe, after publicly soliciting
research proposals, allowing sufficient time for submission of the
proposals, and considering qualitative, quantitative, financial,
administrative, and other factors that the Secretary deems important in
judging, comparing, and accepting the proposals. The Secretary may
refect any or all proposals received under this section if the Secretary
determines that it is in the public interest to do so.
Sec. 6. (a) The Secretary may make funds available to cooperators
and grantees under this Act // 16 USC 1645. // without regard to the
provisions of section 3648 of the Revised Statutes (31 U.S.C. 529),
which prohibits advances of public money.
(b) To avoid duplication, the Secretary shall coordinate cooperative
aid and grants under this Act with cooperative aid and grants the
Secretary makes under any other authority.
(c) The Secretary shall use the authorities and means available to
the Secretary to disseminate the knowledge and technology developed from
research activities conducted under or supported by this Act. In meeting
this responsibility, the Secretary shall cooperate, as the Secretary
deems appropriate, with the entities identified in subsection (d) (3) of
this section and with others.
(d) In implementing this Act, the Secretary, as the Secretary deems
appropriate and practical, shall--,
(1) use, and encourage cooperators and grantees to use, the
best available scientific skills from a variety of disciplines
within and outside the fields of agriculture and forestry;
(2) seek, and encourage cooperators and grantees to seek, a
proper mixture of short-term and long-term research and a proper
mixture fo basic and applied research;
(3) avoid unnecessary duplication and coordinate activities
under this section among agencies of the Department of Agriculture
and with other affected Federal department and agencies, State
agricultural experiment stations, State extension services, State
foresters or equivalent State officials, forestry schools, and
private research organizations; and
(4) encourage the development, employment, retention, and
exchange of qualified scientists and other specialists through
postgraduate, postdoctoral, and other traininbg, national and
international exchange of scientists, and other incentives and
programs to improve the quality of forest and rangeland renewable
resources research.
(e) This Act shall be construed as supplementing all other laws
relating to the Department fo Agriculture and shall not be construed as
limiting or repealing any existing law or authority of the Secretary
except as specifically cited in this Act.
(f) For the purposes of this Act, the terms " United States" and "
State" shall include each of the several States, the District of
Columbia, the Commonwealth of Purerto Rico, the Virgin Islands of the
United States, the Commonwealth of the Northern Marianna Islands, the
Trust Territory of the Pacific Islands, and the territories and
possessions of the United States.
Sec. 7. there are hereby authorized to be appropriated annually such
sums as may be needed to implement this Act. Funds appropriated under
this Act shall remanin available until expended.
COORDINATION; APPROPRIATIONS
Sec. 8. (a) The Act of May 22, 1928, known as the Mc Sweeney-Mc Nary
Act (45 Stat. 699 - 702, as amended; 16 U.S.C. 581, 581a, 581b- 581i),
is hereby repealed.
(b) Contracts and cooperative and other agreements under the Mc
Sweeney-Mc Nary Act shall remain in effect until revoked or amended by
their own terms or under other provisions of law.
(c) The Secretary is authorized to issue such rules and regulations
as the Secretary deems necessary to implement the provisions of this Act
and to coordinate this Act with title XIV of the Food and Agriculture
Act of 1977. // 7 USC 3101 //
(d) Funds appropriated under the authority of the Mc Sweeney-Mc Nary
Act // 16 USC 581, 581a, 581b - 581i // shall be available for
expenditure for the programs authorized under this Act.
Sec. 9. The provisions to this Act // 16 USC 1641 // shall become
effective October 1, 1978.
LEGISLATIVE HISTORY:
HOUSE REPORT No 95 - 1179 (Comm. on Agriculture).
SENATE REPORT No. 95 - 8800 accompanying S. 3034 (Comm. on
Agriculture, Nutrition, and Forestry).
CONGRESSIONAL RECORD, Vol. 124 (1978):
May 22, considered and passed House.
June 7, considered and passed Senate, amended, in lieu of S.
3034.
June 16, House concurred in Senate amendments.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 14, No. 27: July
1, Presidential statement.
PUBLIC LAW 95-306, 92 STAT. 349, RENEWABLE RESOURCES EXTENSION ACT OF
1978.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may be
cited as the " Renewable Resources Extension Act of 1978". // 16 USC
1600 //
Sec. 2. Congress finds that--,
(1) the extension program of the Department of Agriculture and
the extension activities of each State provide useful and
productive educational programs for private forest and range
landowners and processors and consumptive and nonconsumptive users
of forest and rangeland renewable resources, and these educational
programs complement research and assistance programs conducted by
the Department of Agriculture;
(2) to meet national goals, it is essential that all forest and
rangeland renewable resources (hereinafter in this Act referred to
as "renewable resources"), including fish and wildlife, forage,
outdoor recreation opportunities, timber, and water, be fully
considered in designing educational programs for landowners,
processors, and users;
(3) more efficient utilization and marketing of renewable
resources extent available supplies of such resources, provide
products to consumers at prices less than they would otherwise be
and promote reasonable returns on the investments of landowners,
processors, and users;
(4) trees and forests in urban areas improve the esthetic
quality. reduce noise, filter impurities from the air and add
oxygen to it, save energy by moderating temperature extremes,
control wind and water erosion, and provide habitat for wildlife;
and
(5) trees and shrubs used as shelterbelts protect farm lands
from wind and water erosion, promote moisture accumulation in the
soil, and provide habitat for wildlife.
UNIVERSITIES
Sec. 3. (a) The Secretary of Agriculture (hereinafter in this Act //
16 USC 1672. // referred to as the " Secretary"), under conditions the
Secretary may prescribe and in cooperation with the State directors of
cooperative extension service programs and eligible colleges and
universities, shall--,
(1) provide educational programs that enable individuals to
recognize, and resolve problems dealing with renewable resources,
including forest- and range-based outdoor recreation
opportunities, trees and forests in urban areas, and trees and
shrubs in shelterbelts;
(2) use educatioal programs to disseminate the results of
research on renewable resources;
(3) conduct educational programs that transfer the best
available technology to those involved in the management and
protection of forests and rangelands and the processing and use of
their associated renewable resources;
(4) develop and implement educational programs that give
special attention to the educational needs of small, private
nonndustrial forest landowners;
(5) develop and implement educational programs in range and
fish and wildlife management;
(6) assist in providing continuing education programs for
professionally trained individuals in fish and wildlife, forest,
range, and watershed management and related fields;
(7) help forest and range landowners in securing technical and
financial assistance to bring appropriate expertise to bear on
their problems; and
(8) help identify areas of needed research regarding renewable
resources.
(b) As used in this Act, the term "eligible colleges and
universities" means colleges and universities eligible to be supported
and maintained, in whole or in part, with funds made available under the
provisions of the Act of July 2, 1862 (12 Stat. 503 - 505, as amended;
7 U.S.C. 301 - 305, 307, 308), and the Act of August 30, 1890 (26 Stat.
417 - 419, as amended; 7 U.S.C. 321 - 326, 328), including Tuskegee
Institute, and colleges and universities eliglilbe for assistance under
the Act of October 10, 1962 (76 STAT. 806 - 807, as amended; 16 U.S.C.
582a, 582a - 1 - 582a - 7).
(c) In implementing this section, all appropriate educational methods
may be used, including, but not limited to, meetings, short courses,
workshops, tours, demonstrations, publications, news releases, and radio
and television programs.
Sec. 4. (a) The State director of cooperative extension programs
hereinafter in this Act // 16 USC 1673 // referred to as the " State
director") and the administrative heads of extension for eligible
colleges and universities in each State shall jointly develop, by mutual
agreement, a single comphrehensive and coordinated renewable resources
extension program in which the role of each eligible college and
university is well-defined. In meeting this responsibilty, the State
director and the administrative heads of extension for eligible colleges
and universities shall consult and seek agreement with the
administrative technical representatives and the forestry
representatives provided for by the Secretary in implementation of the
Act of October 10, 1962 (76 Stat. 806 - 807, as amended; 16 U.S.C.
582a, 582a - 1 - 582a - 7), in the State. Each State's renewable
resources extension program shall be submitted to the Secretarry
annually. The National Agricultural Research and Extension Users
Advisory Board established under section 1408 of the Food and
Agriculture Act of 1977 // 7 USC 3123. // shall review and make
recommendations to the Secretary pertaining to programs conducted under
this Act.
(b) The State director and the administrative heads of extension for
eligible colleges and universities in each State shall encourage close
cooperation between extension staffs at the county and State levels, and
State adn Federal research organizations dealing with renewable
resources, State and Federal agencies that manage forests and rangelands
and their associated renewable resources, State and Federal agencies
that have responsibilities associated with the processing or use of
renewable resources, and other agencies or organizations the State
director and adninistrative heads of extension deem appropriate.
(c) Each State renewable resoureces extension programs shall be
administered and coordinated by the State director, except that, in
States having colleges eligible to receive funds under the Act of August
30, 1890 (26 Stat. 417 - 419, as amended; 7 U.S.C. 321 - 326, 328),
including Tuskegee Institute, the State renewable resources extension
program shall be administered by the State director and the
administrative head or heads of extension for the college or colleges
eligible to reveive such funds.
(d) In meeting the provisions of this section, each State director
and administrative heads of extension for eligible colleges and
universities shall appoint and use one or more advisory committees
comprised of forest and range landowners, professionally trained
individuals in fish and wildlife, forest, range, and watershed
management, and related fields, as appropriate, and other suitable
persons.
(e) For the purposes of this Act, th term " State" means any one of
the fify States, the Commonwealth of Puerto Rico, Guam, the District fo
Columbia, and the Virgin Islands of the United States.
Sec. 5. (a) The Secretary shall prepare a five-year plan for
implementing this Act, // 16 USC 1674 // which is to be called the "
Renwwable Resources Extension Program" and shall submit such plan to
Congress no later than the last day of the first day of the first half
of the fiscal year ending september 30, 1980, and the last day of the
first half of each fifth fiscal year thereafter. The Renewable
Resources Extension Program shall provide national emphasis and
direction as well as guidance to State directors and administrative
heads of extension for eligible colleges and universities in the
development of their respective State renewable resources extension
programs, which are to be appropriate in terms of the conditions, needs
and opportunities in each State. The Renewable Resources Extension
Program shall contain, but not be limited to , brief outlines of general
extension programs for fish and wildlife management (for both game and
nongame species), range management, timber management (including brief
outlines of general extension programs for timber utilization, timber
harvesting, timber marketing, wood utilization, and wood products
marketing), and watershed management (giving special attention to water
quality protection), as well as brief outlines of general extension
programs for recongnition and enhancement of forest- and range-based
outdoor recreation opportunities, for planting and management of trees
and forests in urban areas, and for planting and management of trees and
shrubs in shelterbelts.
(b) In preparing the Renewable Resources Extension Program, the
Secretary shall take into account the respective capabilities of private
forests and rangelands for yielding renewable resources and the relative
needs for such resources identified in the periodic Renewable Resource
Assessment provided for in section 3 of the Forest and Rangeland
Renewable Resources Planning Act of 1974 // 16 USC 1601 // and the
periodic appraisal of land and water resources provided for in section 5
of the Soil and Water Resources Conservation Act of 1977. // 16 USC 2004
//
(c) To provide information that will aid Congress in its oversight
responsibilities and to provide accountability in implementing this Act,
the Secretary shall prepare an annual report, which shall be furnished
to Congress at the time of submission of each annual fiscal budget,
beginning with the annual fiscal budget for the fiscal year ending
September 30, 1981. The annual report shall set forth accomplishments
of the Renewable Resources Extension Program, its strengths and
weaknesses, recommendations for improvement, and costs of program
administration, each with respect to the preceding fiscal year.
Sec. 6. There are hereby authorized to be appropriated to implement
this Act // 16 USC 1675 // $15,000,000 for the fiscal year ending
September 30, 1979, and $15,000,000 for each of the next nine fiscal
years. Generally, States shall be eligible for funds appropriated under
this Act according to the respective capabilities of their private
forests and rangelands for yielding renewable resources and relative
needs for such resources identified in the periodic Renewable Resource
Assessment provided for in section 3 of the Forest and Rangeland
Renewable Resources Planning Act of 1974 // 16 USC 1601 // and the
periodic appraisal of land and water resources provided for in section 5
of the Soil and Water Resources Conservation Act of 1977. // 16 USC 2004
//
Sec. 7. The Secretary is authorized to issue such rules and
regulations as the Secretary deems necessary to implement the provisions
of this Act and to coordinate this Act with title XIV of the Food and
Agriculture Act of 1977. // 7 USC 3101 //
Sec. 8. The provisions of this Act // 16 USC 1671 // shall be
effective for the period beginning October 1, 1978, and ending September
30, 1988.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 1184 (Comm. on Agriculture).
SENATE REPORT No. 95 - 881 accompanying S. 3035 (Comm. on
Agriculture, Nutrition, and Forestry).
CONGRESSIONAL RECORD, Vol. 124 (1978):
May 22, considered and passed House.
June 7, considered and passed Senate, amended, in lieu of S.
3035.
June 16, House concurred in Senate amendment.
WEEKLY COMPLILATION OF PRESEDENTIAL DOCUMENTS, Vol. 14, No. 27: July
1, Presidential statement.
PUBLIC LAW 95-305, 92 STAT. 348
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That subsection (e) of
section 6 of the John F. Kennedy Center Act (72 STAT. 1698), as amended,
is amended by adding at the end thereof the following: " There is
authorized to be appropriated to carry out this subsection not to exceed
$4,200,000 for the fiscal year ending September 30, 1979.".
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 1113 accompaning H.R. 12098 (Comm. on Public
Works and Transportation).
SENATE REPORT No. 95 - 831 (Comm. on Environment and Public Works).
CONGRESSIONAL RECORD, Vol. 124 (1978):
May 23, considered and passed Senate.
June 21, considered and passed House, in lieu of H.R. 12098.
PUBLIC LAW 95-304, 92 STAT. 347
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the National
Advisory Committee on Oceans and Atmosphere Act of 1977 (33 U.S.C. 857 -
13 -- 857 - 18) is amended--,
(1) by striking out "except that" and all that follows
thereafter in section 3 (b) (1) and inserting in lieu thereof
"except that of the original appointees, 6 shall be appointed for
a term to expire on July 1, 1979, 6 shall be appointed for a term
to expire on July 1, 1980, and 6 shall be appointed for a term to
expire on July 1, 1981."; and
(2) by striking out "1978." in section 8 and inserting in lieu
thereof "1978, and $572,000 for the fiscal year ending September
30, 1979.".
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 1013 (Comm. on Merchant Marine and Fisheries).
SENATE REPORT No. 95 - 862 (Comm. on Commerce, Science, and
Transportation).
CONGRESSIONAL RECORD, Vol. 124 (1978):
Apr. 17, considered and passed House.
June 5, considered and passed Senate, amended.
June 14, House concurred in Senate amendment.
PUBLIC LAW 95-303, 92 STAT. 346
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That subpart B of part 1
of the Appendix to the Tariff Schedules of the United States (19 U.S.
C. 1202) is amended by inserting after item 907.80 the following new
item: " 907.90 Levulose (provided 10 percent ad No change On or
for in item 493.66, before
part 13 B,
schedule 4) val. 6/30/80
Sec. 2. The amendment made by the first section of this Act // 19 USC
1202 // shall apply with respect to articles entered, or withdrawn from
warehouse, for consumption on or after the date of the enactment of this
Act.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 434 (Comm. on Ways and Means).
SENATE REPORT No. 95 - 796 (Comm. on Finance).
CONGRESSIONAL RECORD:
Vol. 123 (1977): July 18, considered and passed House.
Vol. 124 (1978); June 9, considered and passed Senate,
amended. June 14, House concurred in Senate amendment.
PUBLIC LAW 95-302, 92 STAT. 344
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Intervention on
the High Seas Act (88 Stat. 8, Public Law 93 - 248) is amended as
follows:
(1) Section 2 is amended to read as follows:
" Sec. 2. As used in this Act--,
"(1) 'a substance other than convention oil' means those oils,
noxious substances, liquefied gases, and radioactive substances--,
"(2) 'convention' means the International Convention Relating
to Intervention on the High Seas in Cases of Oil Pollution
Casualties, 1969, including annexes thereto;
"(3) 'convention oil' means crude oil, fuel oil, diesel oil,
and lubricating oil;
"(4) ' Secretary' means the Secretary of the department in
which the Coast Guard is operating;
"(5) 'ship' means--,
"(6) 'protocol' means the Protocol Relating to Intervention on
the High Seas in Cases of Marine Pollution by Substances Other
Than Oil, 1973, including annexes thereto; and
"(7) ' United States' means the States, the District of
Columbia, the Commonwealth of Puerto Rico, the Canal Zone, Guam,
American Samoa, the United States Virgin Islands, the Trust
Territory of the Pacific Islands, the Commonwealth of the Northern
Marianas, and any other commonwealth, territory, or possession of
the United States.".
(2) Section 3 is amended by--,
(A) striking the word "oil" and inserting in lieu thereof the
phrase "convention oil or of the sea or atmosphere by a substance
other than convention oil"; and
(B) striking the word " Convention" and inserting in lieu
thereof the phrase "convention, the protocol".
(3) Section 4 is amended by--,
(A) inserting the words "human health," between the words
"limited to," and "fish" and designating the existing section as
subsection (b);
(B) adding a new subsection (a) as follows:
"(a) The Secretary, after consultation with the Administrator of the
Environmental Protection Agency and the Secretary of Commerce, shall
determine when a substance other than those enumerated in the protocol
is liable to create a hazard to human health, to harm living resources,
to damage amenities, or to interfere with other legitimate uses of the
sea.".
(4) Section 10 // 33 USC 1479. // is amended by adding a new
subsection (c) as follows:
"(c) With respect to intervention for a substance identified pursuant
to section 4 (a), the United States has the burden of establishing that,
under the circumstances present at the time of the intervention, the
substance could reasonably pose a grave and imminent danger analogous to
that posed by a substance enumerated in the protocol.".
(5) Section 13 // 33 USC 1482. // is amended--,
(A) in subsection (a) by striking the period at the end of the
subsection and inserting in lieu thereof the phrase "and article
II of the protocol and may propose amendments to the list of
substances other than convention oil in accordance with article
III of the protocol."; and
(B) in subsection (b) by striking the words "annexes thereto"
and inserting in lieu thereof the word "protocol".
(C) by adding a new subsection (c) as follows:
"(c) The President may accept amendments to the list of substances
other than convention oil in accordance with article III of the
protocol.".
(6) Section 15 // 33 USC 1484. // is amended by inserting the words
", the protocol," between the words "convention" and "and".
Sec. 2. This Act // 33 USC 1487 // shall be effective upon the date
of enactment, or upon the date the protocol becomes effective as to the
United States, whichever is later.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 1238 accompanying H.R. 188 (Comm. on Merchant
Marine and Fisheries).
SENATE REPORT No 95 - 785 (Comm. on Commerce, Science, and
Transportation).
CONGRESSIONAL RECORD, Vol. 124 (1978):
May 11, considered and passed Senate.
June 5, considered and passed House amended, in lieu of H.R.
188.
June 13, Senate concurred in House amendment.
PUBLIC LAW 95-301, 92 STAT. 343
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the following sum is
appropriated, out of any money in the Treasury not otherwise
appropriated, for the fiscal year ending September 30, 1978, namely:
For necessary expenses to provide Federal administration and
supervision related to official inspection or weighing under the United
States Grain Standards Act, // 7 USC 71 // as amended, $6,488,000.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 1223 (Comm. on Appropriations).
CONGRESSIONAL RECORD Vol. 124 (1978):
June 16, considered and passed House.
June 19, considered and passed Senate.
PUBLIC LAW 95-300, 92 STAT. 342
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 205 of the
Environmental Quality Improvement Act of 1970 (42 U.S.C. 4374) is
amended to read as follows:
Sec. 205. There are hereby authorized to be appropriated for the
operations of the Office of Environmental Quality and the Council on
Environmental Quality not to exceed the following sums for the following
fiscal years which sums are in addition to those contained in Public Law
92 - 190: // 83 Stat. 852 //
"(a) $2,126,000 for the fiscal year ending September 30, 1979;
and
"(b) $3,000,000 for the fiscal years ending September 30, 1980,
and September 30, 1981.".
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 1027 (Comm. on Merchant Marine and Fisheries).
SENATE REPORT No. 95 - 876 (Comm. on Environment and Public Works).
CONGRESSIONAL RECORD, Vol. 124 (1978):
Apr. 10, considered and passed House.
May 25, considered and passed Senate, amended.
June 12, House concurred in Senate amendment.
PUBLIC LAW 95-299, 92 STAT. 341
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 5 of the
Act entitled " An Act to provide for the establishment of the San
Francisco Bay National Wildlife Refuge", approved June 30, 1972 (16 U.
S.C. 668jj), is amended by striking out " June 30, 1977" and inserting
in lieu thereof " September 30, 1980".
Sec. 2. Section 4 of the Act entitled " An Act to establish the
Great Dismal Swamp National Wildlife Refuge" (Public Law 93 - 402, 88
Stat. 801) is amended to read as follows:
" Sec. 4. For purposes of carrying out this Act, // 16 USC 668dd //
there are authorized to be appropriated not to exceed--,
"(1) $1,000,000 for the fiscal year ending June 30, 1975;
"(2) $3,000,000 for the fiscal year ending June 30, 1976, and
the transition quarter beginning July 1, 1976, and ending
September 30, 1976;
"(4) $21,100,000 for the period beginning October 1, 1977, and
ending September 30, 1980, of which not to exceed $15,750,000
shall be available for land acquisition and not to exceed
$5,350,000 shall be available for purposes other than land
acquisition.".
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 317 (Comm. on Merchant Marine and Fisheries).
SENATE REPORT No. 95 - 185 accompanying S. 1237 (Comm. on Environment
and Public Works).
CONGRESSIONAL RECORD:
Vol. 123 (1977): May 16, considered and passed House. May 24,
considered and passed Senate, amended, in lieu of S. 1237.
Vol. 124 (1978): may 31, House concurred in Senate amendment
with an amendment. June 8, Senate concurred to House amendment.
PUBLIC LAW 95-298, 92 STAT. 339, MARITIME APPROPRIATION AUTHORIZATION
ACT FOR FISCAL YEAR 1979.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may be
cited as the " Maritime Appropriation Authorization Act for Fiscal Year
1979".
Sec.2. Funds are authorized to be appropriated without fiscal year
limitation as the appropriation Act may provide for the use of the
Department of Commerce, for the fiscal year 1979, as follows:
(1) For acquisition, construction, or reconstruction of vessels and
construction-differential subsidy and cost of national defense features
incident to the construction, reconstruction, or reconditioning of
ships, not to exceed $157,000,000: Provided, That no funds authorized
by this paragraph may be paid to subsidize the construction of any
vessel which will not be offered for enrollment in a Sealift Readiness
program approved by the Sectetary of Defense: Provided futher, That in
paying the funds authorized by this paragraph, the construction subsidy
rate otherwise applicable may be reduced by 5 percent unless the
Secretary of Commerce, in his discretion, determines that the vessel to
be constructed is part of an existing or future vessel series;
(2) For payment of obligations incurred for operating-differential
subsidy, not to exceed $262,800,000: Provided, That no funds authorized
by this paragraph may be paid for the operation of any vessel which is
not offered for participation in a Sealift Readiness program approved by
the Secretary of Defense;
(3) For expenses necessary for research and development activities,
not to exceed $17,500,000;
(4) For maritime education and training expenses, not to exceed,
$24,647,000, including not to exceed $15,523,000 for maritime training
at the Merchant Marine Academy at Kings Point, New York, of which 50,000
shall be for the replacement of barracks windows at the Academy,
$7,220,000 for financial assistance to State marine schools, and
$1,904,000 for supplementary training courses authorizes under section
216(c) of the Merchant Marine Act, 1936; // 46 USC 1126. // and
(5) For operating expenses, not to exceed $34,845,000, including not
to exceed $5,516,000 for reserve fleet expenses, and $29,239,000 for
other operating expenses.
Sec. 3. There are authorized to be appropriated for the fiscal year
1979, in addition to the amounts authorized by section 2 of this Act,
such additional supplemental amounts for the activities for which
appropriations are authorized under section 2 of this Act, as may be
necessary for increases in salary, pay, retirement, or other employee
benefits authorized by law, and for increased costs for public
utilities, food service, and other expenses of the Merchant Marine
Academy at Kings Point, New York.
Sec. 4. Section 3 of the Maritime Academy Act of 1958 (46 U.S.C.
1382) is amended by the addition of a subsection to read as follows:
"(d) The secretary may pay additional amounts to assist in paying for
the cost of fuel oil consumed during training cruises of the vessels
referred to in subsection (a).".
Sec. 5. Section 1103(f) of the Merchant Marine Act, 1936, as amended
(46 U.S.C. 1273 (f) is amended by striking "$7,000,000,000.", and
inserting in lieu therof "$10,000,000,000.".
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 1155 accompanying H.R. 10729 (Comm. on Merchant
Marine and Fisheries).
SENATE REPORT No. 95 - 741 (comm. on Commerce, Science, and
Transportation). CONGRESSIONAL RECORD, Vol. 124 (1978):
Apr. 24, considered and passed Senate.
May 22, 23, H.R. 10729 considered and passed House;
proceedings vacated and
S. 2553, amended, passed in lieu.
June 12, Senate concurred in House amendment.
PUBLIC LAW 95-297, 92 STAT. 322, PETROLEUM MARKETING PRACTICES ACT.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may be
cited as the " Petroleum Marketing Practices Act". // 15 USC 2801 //
Sec. 101. Definitions. Sec. 102. Franchise relationship; termination
and nonrenewal. Sec. 103. Trial franchises and interim franchises;
nonrenewal. Sec. 104. Notification of termination or nonrenewal. Sec.
105. Enforcement. Sec. 106. Relationship of this title to State law.
Sec. 201. Definitions. Sec. 202. Octane testing and disclosure
requirements. Sec. 203. Administration and enforcement. Sec. 204.
Relationship of this title to State law. Sec. 205. Effective dates.
Sec. 301. Study of subsidization of motor fuel marketing.
Sec. 101. As used in this title: // 15 USC 2801. //
(1) (A) The term "franchise" means any contract--,
(i) between a refiner and a distributor,
(ii) between a refiner and a retailer,
(iii) between a distributor and another distributor, or
(iv) between a distributor and a retailer,
under which a refiner or distributor (as the case may be) authorizes or
permits a retailer or distributor to use, in connection with the sale,
consignment, or distribution of motor fuel, a trademark which is owned
or controlled by such refiner or by a refiner which supplies motor fuel
to the distributor which authorizes or permits such use.
(B) The term "franchise" includes--,
(i) any contract under which a retailer or distributor (as the
case may be) is authorized or permitted to occupy leased marketing
premises, which premises are to be employed in connection with the
sale, consignment, or distribution of motor fuel under a trademark
which is owned or controlled by such refiner or by a refiner which
supplies motor fuel to the distributor which authorizes or permits
such occupancy;
(ii) any contract pertaining to the supply of motor fuel which
is to be sold, consigned or distributed--,
(iii) the unexpired portion of any franchise, as defined by the
preceding provisions of this paragraph, which is transferred or
assigned as authorized by the provisions of such franchise or by
any applicable provision of State law which permits such transfer
or assignment without regard to any provision of the franchise.
(2) The term "franchise relationship" means the respective motor fuel
marketing or distribution obligations and responsibilities of a
franchisor and a franchisee which result from the marketing of motor
fuel under a franchise.
(3) The term "franchisor" means a refiner or distributor (as the case
may be) who authorizes or permits, under a franchise, a retailer or
distributor to use a trademark in connection with the sale, consignment,
or distribution of motor fuel.
(4) The term "franchisee" means a retailer or distributor (as the
case may be) who is authorized or permitted, under a franchise, to use a
trademark in connection with the sale, consignment, or distribution of
motor fuel.
(5) The term "refiner " means any person engaged in the refining of
crude oil to produce motor fuel, and includes any affiliate of such
person.
(6) The term "distributor" means any person, including any affiliate
of such person, who--,
(A) purchases motor fuel for sale, consignment, or distribution
to another; or
(B) receives motor fuel on consignment for consignment or
distribution to his own motor fuel accounts or to accounts of his
supplier, but shall not include a person who is an employee of, or
merely serves as a common carrier providing transportation service
for, such supplier.
(7) The term "retailer" means any person who purchases motor fuel for
sale to the general public for ultimate consumption.
(8) The term "marketing premises" means, in the case of any
franchise, premises which, under such franchise, are to be employed by
the franchisee in connection with the sale, consignment, or distribution
of motor fuel.
(9) The term "leased marketing premises" means marketing premises
owned, leased, or in any way controlled by a franchisor and which the
franchisee is authorized or permitted, under the franchise, to employ in
connection with the sale, consignment, or distribution of motor fuel.
(10) The term "contract" means any oral or written agreement. For
supply purposes, delivery levels during the same month of the previous
year shall be prima facie evidence of an agreement to deliver such
levels.
(11) The term "trademark" means any trademark, trade name, service
mark, or other identifying symbol or name.
(12) The term "motor fuel" means gasoline and diesel fuel of a type
distributed for use as a fuel in self-propelled vehicles designed
primarily for use on public streets, roads, and highways.
(13) The term "failure" does not include--,
(A) any failure which is only technical or unimportant to the
franchise relationship; or
(B) any failure for a cause beyond the reasonable control of
the franchisee.
(14) The terms "fail to renew" and "nonrenewal" mean, with respect to
any franchise relationship, a failure to reinstate, continue, or extend
the franchise relationship--,
(A) at the conclusion of the term, or on the expiration date,
stated in the relevant franchise;
(B) at any time, in the case of the relevant franchise which
does not state a term of duration or an expiration date; or
(C) following a termination (on or after the date of enactment
of this Act) of the relevant franchise which was entered into
prior to such date of enactment and has not been renewed after
such date.
(15) The term "affiliate" means any person who (other than by means
of a franchise) controls, is controlled by, or is under common control
with, any other person.
(16) The term "relevant geographic market area" includes a State or a
standard metropolitan statistical area as periodically established by
the Office of Management and Budget.
(17) The term "termination" includes cancellation.
(18) The term "commerce" means any trade, traffic, transportation,
exchange, or other commerce--,
(A) between any State and any place outside of such State; or
(B) which affects any trade, transportation, exchange, or other
commerce described in subparagraph (A).
(19) The term " State" means any State of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, America Samoa, Guam, and any other commonwealth, territory, or
possession of the United States.
Sec. 102. (a) Except as provided in subsection (b) and section 103,
// 15 USC 2802. // no franchisor engaged in the sale, consignment, or
distribution of motor fuel in commerce may--,
(1) terminate any franchise (entered into or renewed on or
after the date of enactment of this Act) prior to the conclusion
of the term, or the expiration date, stated in the franchise; or
(2) fail to renew any franchise relationship (without regard to
the date on which the relevant franchise was entered into or
renewed).
(b) (1) Any franchisor may terminate any franchise (entered into or
renewed on or after the date of enactment of this Act) or amy fail to
renew any franchise relationship, if--,
(Ae the notification requirements of section 104 are met; and
(B) such termination is based upon a ground described in
paragraph (2) or such nonrenewal is based upon a ground described
in paragraph (2) or (3).
(2) For purposes of this subsection, the following are grounds for
termination of a franchise or nonrenewal of a franchise relationship:
(A) A failure by the franchisee to comply with any provision of
the franchise, which provision is both reasonable and of material
significance to the franchise relationship, if the franchisor
first acquired actual or constructive knowledge of such failure--,
(i) not more than 120 days prior to the date on which
notification of termination or nonrenewal is given, if
notification is given pursuant to section 104(a); or
(ii) not more than 60 days prior to the date on which
notification of termination or nonrenewal is given, if less than
90 days notification is given pursuant to section 104(b)(1).
(B) A failure by the franchisee to exert good faith efforts to carry
out the provisions of the franchise, if--,
(i) the franchisee was apprised by the franchisor in writing of
such failure and was afforded a reasonable opportunity to exert
good faith efforts to carry out such provisions; and
(ii) such failure thereafter continued within the period which
began not more than 180 days before the date notification of
termination or nonrenewal was given pursuant to section 104.
(C) The occurrence of an event which is relevant to the franchise
relationship and as a result of which termination of the franchise or
nonrenewal of the franchise relationship is reasonable, if such event
occurs during the period the franchise is in effect and the franchisor
first acquired actual or constructive knowledge of such occurrence--,
(i) not more than 120 days prior to the date on which
notification of termination or nonrenewal is given, if
notification is given pursuant to section 104(a); or
(ii) not more than 60 days prior to the date on which
notification of termination or nonrenewal is given, if less than
90 days notification is given pursuant to section 104(b)(1).
(D) An agreement, in writing, between the franchisor and the
franchisee to terminate the franchise or not to renew the franchise
relationship, if--,
(i) such agreement is entered into not more than 180 days prior
to the date of such termination or, in the case of nonrenewal, not
more than 180 days prior to the conclusion of the term, or the
expiration date, stated in the franchise;
(ii) the franchisee is promptly provided with a copy of such
agreement, together with the summary statement described in
section 104(d); and
(iii) within 7 days after the date on which the franchisee is
provided a copy of such agreement, the franchisee has not posted
by certified mail a written notice to the franchisor repudiating
such agreement.
(E) In the case of any franchise entered into prior to the date of
the enactment of this Act and in the case of any franchise entered into
or renewed on or after such date (the term of which is 3 years or
longer, or with respect to which the franchisee was offered a term of 3
years or longer), a determination made by the franchisor in good faith
and in the normal course of business to withdraw from the marketing of
motor fuel through retail outlets in the relevant geographic market area
in which the marketing premises are located, if--,
(i) such determination--,
(ii) the termination or nonrenewal is not for the purposes of
converting the premises, which are the subject of the franchise,
to operation by employees or agents of the franchisor for such
franchisor's own account; and
(iii) in the case of leased marketing premises--,
(3) For purposes of this subsection, the following are grounds for
nonrenewal of a franchise relationship:
(A) The failure of the franchisor and the franchisee to agree
to changes or additions to the provisions of the franchise, if--,
(B) The receipt of numerous bona fide customer complaints by
the franchisor concerning the franchisee's operation of the
marketing premises, if--,
(C) A failure by the franchisee to operate the marketing
premises in a clean, safe, and healthful manner, if the franchisee
failed to do so on two or more previous occasions and the
franchisor notified the franchisee of such failures.
(D) In the case of any franchise entered into prior to the date
of the enactment of this Act (the unexpired term of which, on such
date of enactment, is 3 years or longer) and, in the case of any
franchise entered into or renewed on or after such date (the term
of which was 3 years or longer, or with respect to which the
franchisee was offered a term of 3 years or longer), a
determination made by the franchisor in good faith and in the
normal course of business, if--,
(c) As used in subsection (b) (2) (C), the term "an event which is
relevant to the franchise relationship and as a result of which
termination of the franchise or nonrenewal of the franchise relationship
is reasonable" includes events such as--,
(1) fraud or criminal misconduct by the franchisee relevant to
the operation of the marketing premises;
(2) declaration of bankruptcy or judicial determination of
insolvency of the franchisee;
(3) continuing severe physical or mental disability of the
franchisee of at least 3 months duration which renders the
franchisee unable to provide for the continued proper operation of
the marketing premises;
(4) loss of the franchisor's right to grant possession of the
leased marketing premises through expiration of an underlying
lease, if the franchisee was notified in writing, prior to the
commencement of the term of the then existing franchise--,
(5) condemnation or other taking, in whole or part, of the
marketing premises pursuant to the power of eminent domain;
(6) loss of the franchisor's right to grant the right to use
the trademark which is the subject of the franchise, unless such
loss was due to trademark abuse, violation of Federal or State
law, or other fault or negligence of the franchisor, which such
abuse, violation, or other fault or negligence is related to
action taken in bad faith by the franchisor;
(7) destruction (other than by the franchisor) of all or a
substantial part of the marketing premises;
(8) failure by the franchisee to pay to the franchisor in a
timely manner when due all sums to which the franchisor is legally
entitled;
(9) failure by the franchisee to operate the marketing premises
for--,
(10) willful adulteration, mislabeling or misbranding of motor
fuels or other trademark violations by the franchisee;
(11) knowing failure of the franchisee to comply with Federal,
State, or local laws or regulations relevant to the operation of
the marketing premises; and
(12) conviction of the franchisee of any felony involving moral
turpitude.
(d) In the case of any termination of a franchise (entered into or
renewed on or after the date of enactment of this Act), or in the case
of any nonrenewal of a franchise relationship (without regard to the
date on which such franchise relationship was entered into or
renewed)--,
(1) if such termination or nonrenewal is based upon an event
described in subsection (c)(5), the franchisor shall fairly
apportion between the franchisor and the franchisee compensation,
if any, received by the franchisor based upon any loss of business
opportunity or good will; and
(2) if such termination or nonrenewal is based upon an event
described in subsection (c)(7) and the leased marketing premises
are subsequently rebuilt or replaced by the franchisor and
operated under a franchise, the franchisor shall, within a
reasonable period of time, grant to the franchisee a right of
first refusal of the franchise under which such premises are to be
operated.
Sec. 103. (a) The provisions of section 102 // 15 USC 2803. //
shall not apply to the nonrenewal of any franchise relationship--,
(1) under a trial franchise; or
(2) under an interim franchise.
(b) For purposes of this section--,
(1) The term "trial franchise" means any franchise--,
(2) The term "trial franchise" does not include any unexpired
period of any term of any franchise (other than a trial franchise,
as defined by paragraph (1)) which was transferred or assigned by
a franchisee to the extent authorized by the provisions of the
franchise or any applicable provision of State law which permits
such transfer or assignment, without regard to any provision of
the franchise.
(3) The term "interim franchise" means any franchise--,
(c) If the notification requirements of section 104 are met, any
franchisor may fail to renew any franchise relationship--,
(1) under any trial franchise, at the conclusion of the initial
term of such trial franchise; and
(2) under any interim franchise, at the conclusion of the term
of such interim franchise, if--,
Sec. 104. (a) Prior to termination of any franchise or nonrenewal of
any franchise relationship, the franchisor shall furnish notification of
such termination or such nonrenewal to the franchisee who is a party to
such franchise or such franchise relationship--,
(1) in the manner described in subsection (c); and
(2) except as provided in subsection (b), not less than 90 days
prior to the date on which such termination or nonrenewal takes
effect.
(b)(1) In circumstances in which it would not be reasonable for the
franchisor to furnish notification, not less than 90 days prior to the
date on which termination or nonrenewal takes effect, as required by
subsection (a)(2)--,
(A) such franchisor shall furnish notification to the
franchisee affected thereby on the earliest date on which
furnishing of such notification is reasonably practicable; and
(B) in the case of leased marketing premises, such
franchisor--,
(2) In the case of any termination of any franchise or any nonrenewal
of any franchise relationship pursuant to the provisions of section
102(b)(2)(E) or section 103(c)(2), the franchisor shall--,
(A) furnish notification to the franchisee not less than 180
days prior to the date on which such termination or nonrenewal
takes effect; and
(B) promptly provide a copy of such notification, together with
a plan describing the schedule and conditions under which the
franchisor will withdraw from the marketing of motor fuel through
retail outlets in the relevant geographic area, to the Governor of
each State which contains a portion of such area.
(c) Notification under this section--,
(1) shall be in writing;
(2) shall be posted by certified mail or personally delivered
to the franchisee; and
(3) shall contain--,
(d)(1) Not later than 30 days after the date of enactment of this
Act, the Secretary of Energy shall prepare and publish in the Federal
Register a simple and concise summary of the provisions of this title,
including a statement of the respective responsibilities of, and the
remedies and relief available to, any franchisor and franchisee under
this title.
(2) In the case of summaries required to be furnished under the
provisions of section 102(b)(2)(D) or subsection (c)(3)(C) of this
section before the date of publication of such summary in the Federal
Register, such summary may be furnished not later than 5 days after it
is so published rather than at the time required under such provisions.
Sec. 105. (a) If a franchisor fails to comply with the requirements
of section 102 or 103, the franchisee may maintain a civil action
against such franchisor. Such action may be brought, without regard to
the amount in controversy, in the district court of the United States in
any judicial district in which the principal place of business of such
franchisor is located or in which such franchisee is doing business,
except that no such action may be maintained unless commenced within 1
year after the later of--,
(1) the date of termination of the franchise or nonrenewal of
the franchise relationship; or
(2) the date the franchisor fails to comply with the
requirements of section 102 or 103.
(b)(1) In any action under subsection (a), the court shall grant such
equitable relief as the court determines is necessary to remedy the
effects of any failure to comply with the requirements of section 102 or
103, including declaratory judgment, mandatory or prohibitive injunctive
relief, and interim equitable relief.
(2) Except as provided in paragraph (3), in any action under
subsection (a), the court shall grant a preliminary injunction if--,
(A) the franchisee shows--,
(B) the court determines that, on balance, the hardships
imposed upon the franchisor by the issuance of such preliminary
injunctive relief will be less than the hardship which would be
imposed upon such franchisee if such preliminary injunctive relief
were not granted.
(3) Nothing in this subsection prevents any court from requiring the
franchisee in any action under subsection (a) to post a bond, in an
amount established by the court, prior to the issuance or continuation
of any equitable relief.
(4) In any action under subsection (a), the court need not exercise
its equity powers to compel continuation or renewal of the franchise
relationship if such action was commenced--,
(A) more than 90 days after the date on which notification
pursuant to section 104(a) was posted or personally delivered to
the franchisee;
(B) more than 180 days after the date on which notification
pursuant to section 104(b)(2) was posted or personally delivered
to the franchisee; or
(C) more than 30 days after the date on which the termination
of such franchise or the nonrenewal of such franchise relationship
takes effect if less than 90 days notification was provided
pursuant to section 104(b)(1).
(c) In any action under subsection (a), the franchisee shall have the
burden of proving the termination of the franchise or the nonrenewal of
the franchise relationship. The franchisor shall bear the burden of
going forward with evidence to establish as an affirmative defense that
such termination or nonrenewal was permitted under section 102(b) or
103, and, if applicable, that such franchisor complied with the
requirements of section 102(d).
(d)(1) If the franchisee prevails in any action under subsection (a),
such franchisee shall be entitled--,
(A) consistent with the Federal Rules of Civil Procedure, to
actual damages;
(B) in the case of any such action which is based upon conduct
of the franchisor which was in willful disregard of the
requirements of section 102 or 103, or the rights of the
franchisee thereunder, to exemplary damages, where appropriate;
and
(C) to reasonable attorney and expert witness fees to be paid
by the franchisor, unless the court determines that only nominal
damages are to be awarded to such franchisee, in which case the
court, in its discretion, need not direct that such fees be paid
by the franchisor.
(2) The question of whether to award exemplary damages and the amount
of any such award shall be determined by the court and not by a jury.
(3) In any action under subsection (a), the court may, in its
discretion, direct that reasonable attorney and expert witness fees be
paid by the franchisee if the court finds that such action is frivolous.
(e)(1) In any action under subsection (a) with respect to a failure
of a franchisor to renew a franchise relationship in compliance with the
requirements of section 102, the court may not compel a continuation or
renewal of the franchise relationship if the franchisor demonstrates to
the satisfaction of the court that--,
(A) the basis for such nonrenewal is a determination made by
the franchisor in good faith and in the normal course of
business--,
(B) the requirements of section 104 have been complied with.
(2) The provisions of paragraph (1) shall not affect any right of any
franchisee to recover acrual damages and reasonable attorney and expert
witness fees under subsection (d) if sunc nonrenewal is prohibited by
section 102.
Sec. 106 (a) To the extent that any provision of this title applies
to the termination (or the furnishing of notification with respect
thereto) of any franchise, or to the nonrenewal (or the furnishing of
notification with respect thereto) of any franchise relationship, no
State or any political subdivision thereof may adopt, enforce, or
continue in effect any provision of any law or regulation (including any
remedy or penalry applicable to any violation thereof) with respect to
termination (or the furnishing of notification with respect thereto ) of
any such franchise or to the nonrenewal (or the furnishing of
notification with respect thereto) of any such franchise relationship
unless such provision of such law or regulation is the same as the
applicable proveision of this title.
(b) Nothing in this title authorizes any transfer or assignment of
any franchise or prohibits any transfer or assignment or any franchise
as authorized by the provisions of such franchise or by any applicable
provision of State law which permits sech transfer or assignment without
regard to any provision of the franchise.
Sec. 201. As used in this title: // 15 USC 2821. //
(1) The term "octane rating" means the rating of the antiknock
characteristics of a grade or type of automotive gasoline as
determined by dividing by 2 the sum of the research octane number
plus the motor octane number, unless another procedure is
prescribed under section 203(c)(3), in which case such term means
the rating of such characteristics as determined under the
procedure so prescribed.
(2) The terms "research octane number" and "motor octane
number" have the meanings given such terms in the specifications
of the American Society for Testing and Materials (ASTM) entitled
" Standard Specifications for Automotive Gasoline" designated D
439 ( as in effect on the date of the enactment of this Act) and,
with respect to any grade or type of automotive gasoline, are
determined in accordance with test methods set forth in ASTM
standard test methods designated D 2699 and D 2700 (as in effect
on such date).
(3) The term "knock" means the combustion of a fuel
spontaneously in localized areas of a cylinder of a spark-ignition
engine, instead of the combustion of such fuel progressing from
the spark.
(4) The term "gasoline retailer" means any person who markets
automotive gasoline to the general public for ultimate
consumption.
(5) The term "refiner" means any person engaged in--.
(6) The term "automotivegasoline" means gasoline of a type
distributed for use as a fuel in any motor vehicle.
(7) The term "motor vehicle" means any self-propelled
fourwheeled vehicle, of less than 6,000 pounds gross vehicle
weight, which is designed primarily for use on public streets,
roads, and highways.
(8) The term "new motor vehicle" means any motor vehicle the
equitable or legal title to which has not previously been
transferred to an ultimate purchaser.
(9) The term "ultimate purchaser" means, with respect to any
item, the first person who purchases such item for purposes other
than resale.
(10) The term "manufacturer" means any person who imports,
manufactures, or assembles motor vehicles for sale.
(11) The term "octane requirment" means, with respect to
automotive gasoline for use in a motor vehicle or a class thereof,
imported, manufactured, or assembled by a manufacturer, the
minimum octane rating of such automotive gasoline which such
manufacturer recommends for the efficient operation of such motor
vehicle, or a substantial portion of such class, without knocking.
(12) The term "model year" means a manufacturer's annual
production period (as determined by the Federal Trade Commission)
for motor vehicle or a class of vehicle. If a manufacturer has no
annual production period, rhe term "model year" means the calendar
year.
(13) The term "commerce" means any trade, traffic,
transportation, exchange, or other commerce--,
(14) The term " State" means any State of the United States,
the District of Columbia, the Commonwealth of Puerto Rico, the
Virgin Islands, American Samoa, Guam, and any other commonwealth,
territory, or possession of the United States.
(15) the term "person", for purposes of applying any provision
of the Federal Trade Commission Act with respect to any provision
of this title, includes a partnership and a corporation
(16) The term "distributor" means any person who receives
gasoline and ditributes such gasoline to another person other than
the ultimate purchaser.
Sec. 202. (a) Each refiner who destributes automotive gasoline in
commerce shall--,
(1) determine the octane rating of any such gasoline; and
(2) if such refiner distributes such gasoline to any person
other than the ultimate purchaser, certify, consistent with the
determination made under paragraph (1), the octane rating of such
gasoline.
(b) Each distributor who receives automotive gasoline, the octane
rating of which is certified to him under this section, and destributes
such gasoline in commerce to another person other thant the ultimate
purchaser shall certify to such other person the octane rating of such
gasoline consistent with--,
(1) the octane rating of such gasoline certified to such
destributor; or
(2) if such distributor elects (at such time and in such manner
as the Federal Trade Commission may, by rule, prescribe), the
octane rating of such gasoline determined by such distributor.
(c) Each gasoline retailer shall display in a clear and conspicuous
manner, at the point of sale to ultimate purchasers of automotive
gasoline, the octane rating of such gasoline, which octane rating shall
be consistent with--,
(1) the octane rationg of such gasoline certfied to such
retailer under subsection (a)(2) or (b);
(2) is such gasoline retailer elects (at such time and in such
manner as the Federal Trade Commission may, by rule, prescribe),
the octane rating of gasoline determined by such retailer for such
gasoline; or
(3) is such gasoline retailer is a refiner, the octane rating
of such gasoline determined under subsection (a)(1).
(d) The Federal Trade Commission shall, by rule, prescribe
requirements, applicable to any manufacturer of new moter vehicles, with
respect to the display on each such motor vehicle (or representation in
connection with the sale of such motor vehicle) of the octane
requirement of such motor vehicle.
(e) No person who distributes automotive gasoline in commerce may
make any representation respecting the antiknock characteristics of such
gasoline unless such representation fairly discloses the octane rating
of such gasoline consistent with such gasoline's octane rating as
certified to or determined by such person under the foregoing provisions
of this section.
(f) For purposes of this section, the octane rating of any automotive
gasoline shall by considered to be certified, displayed, or represented
by any person consistent with the rating certified to, or determine by,
such person--,
(1) in the case of automotive gasoline which consists of a
blend of two or more quantities of automotive gasoline of
deffering octane ratings, only if the rating certified, displayed,
or represented by such person is the average of the octane ratings
of such quantities, weighted by volume; or
(2) in the case of gasoline which does not consist of such a
blend, only if the octane tating such person certifies, displays,
or represents is the same as the octane rating of such gasoline
certified to, or determined by, such person.
(g) The foregoing provisions of this section shall not apply--,
(1) to any representation (by display at the point of sale or
by other means) of any characteristecs of any automotive gasoline
other than its octane rating; or
(2) to the identification of automotive gasoline at the point
of sale (or elsewhere) by the trademark, trade name, or other
identifying symbol or mark used in connection with the sale of
such gasoline.
(h) Any display or representation, with respect to the octane
requirement of any motor vehicle, required to be made under any rule
prescribed under subsection (d) shall not create an express or implied
warranty under State or Federal law that any automotive gasoline the
octane tation of which equals or exceeds such octane requirements--,
(1) may be used as a fuel in all motor vehicles of the same
class as that motor vheicle without knocking; or
(2) may be used as a fuel in such motor vehicle under all
operating conditions without knocking.
Sec. 203. (a) The Federal Trade Commission shall have procedural,
investigative, and enforcement powers, including the power to issue
procedural rules in enforcing compliance with the requirements of this
title and rules proscribed pursuant to the requirements, of this title,
to futher define terms used in this title, and to require the filing of
reports, the production of documents, and the appearance of witnesses,
as though the appicable terms and condtions of the Federal Trade
Commission Act // 15 USC 58. // were part of this title.
(b)(1) The Environmental Protection Agency shall--,
(A) conduct field testing of the octane rating of automotive
gasoline, comparing the tested octane ration of gasoline at retail
outlets with the octane rating posted at those outlests;
(B) certify the results of such tests and comparisons to the
Federal Trade Commission; and
(C) notify the Ferderal Trade Commission of any failure to post
the octane rating discovered in the course of such field testing.
(2) The Federal Trade Commission may enter into interagency
agreements with the Environmental Protection Agency and such other
agencies of the United States as the Commission determines appropriate
for the purpose of assuring enforcement of the provisions of this title
in a manner which is consistent with--,
(A) minimizing the cost of field inspection and related
compliance activities; and
(B) reducing duplication of similar or related field compliance
activities performed by agencies of the United States.
(c)(1) Not later than 6 months after the date of the enactment of
this Act, the Federal Trade Commission shall, by rule, prescribe and
make effective--,
(A) a uniform method by which a person may certify to another
the octane rating of automotive gasoline; and
(B) a uniform method of displaying the octane rating of
automotive gasoline at the point of sale to ultimate purchasers.
(2) Effective on and after the effective date of the rule prescribed
under paragraph (1), any person--,
(A) shall be considered to satisfy the requirenents of
subsection (a) or (b) of section 202, as the case may be, only if
such person complies with the requirements established pursuant to
paragraph (1)(a); and
(B) shall be considered to satisfy the requirements of section
202(c) only if such person complies with the requirements
established pursuant to paragraph (1)(b).
(3) The Federal Trade Commission may, by rule, prescribe procedures
for determination of the octane rating of automotive gasoline which
varies from that prescribed in section 201 (1). In perscribing such
rule, the Commission--,
(A) shall consider--,
(B) may permit adjustments in such octane rating to take into
account the effects of altitude, temperature, and humidity.
(4) The Federal Trade Commission may, by rule, prescribe and make
effective a method of determining the octane ration of automotive
gasoline which consists of a blend of two or more qunatities of
automotive gasoline of different octane ratings if the Federal Trade
Commission finds that the method prescribed more accurately reflects the
octane rating of such blend than the weighted-average method set forth
in section 202(f)(1). Effective on and after the effective date of such
rule, any person shall be consedered to satisfy the requirements of
section 202(f)(1) only if such person utilizes the method prescribed in
such rule (in lieu of the method set forth in section 202(f)(1).
(d)(1) Expert as provided in paragraph (2), rules under this title
shall by prescribed in accordance with section 553 of title 5, United
States Code, except that interested persons shall be afforded an
opportunity to present written and oral data, views, and and arguments
with respects to any proposed rule.
(2) Rules prescribed under subsection (c)(3) and section 202(d) shall
be prescribed on the record after opportunity for an agency hearing.
(3) Section 18 of the Federal Trade Commission Act (15 U.S.C. 57a)
shall not apply with respect to any rule prescribed under this title.
(e) It shall be an unfair or deceptive act or practice in or
affecting commerce (within the meaning of section 5(a)(1) of the Federal
Trade Commission Act) // 15 USC 45. // for any person to violate
subsection (a), (b), (c), or (e) of section 202, or a rule prescribed
under subsection (d) of such section. For purposes of the Federal Trade
Commission Act // 15 USC 58. // (including any remedy or penalty
applicble to any violation thereof) such a violation shall be treated as
a violation of a rule under such Act respecting unfair or deceptive acts
or practices; except that for purposes of section 5(m)( 1)(A) of such
Act, // 15 USC 45. // the term "or knowledge fairly implied on the
vasis of objective circumstances" shall not apply to any violation by
any gasoline retailer of the requirements of section 202( c) or (e).
Sec. 204. To the extent that anyb provision of this title applies to
any act or omission, no State or any political subdivision thereof may
adopt, enforce, or continue in effect any provision of any law or
regulation (including any remedy or penalty applicable to any violation
thereof) with respect to such act or omission, unless such provision of
this such law or regulation is the same as the applicable provision of
this title.
Sec. 205. (a) Sections 202(a)(1) and 203(b) // 15 USC 2825. //
shall take effect on the first day of the first calendar month beginning
more than 6 months after the date of the enactment of this Act.
(b) Subsections (a)(2), (b), (c), and (e) of section 202 shall take
effect on the first day of the first calendar month beginning more than
9 months after such date of enactment.
(c) Rules under section 202(d) may not take effect earlier than the
beginning of the first motor vehicle model year which begins more than 9
months after such date of enactment.
Sec. 301. (a) The Secretary of Energy, in consultation with the
Chairman of the Federal Trade Commission and the Attorney General and
other agencies as the Secretary deems appropriate, shall conduct a study
of the extent to which producers, refiners, and other suppliers of motor
fuel subsidize the sale of such motor fuel at retail or wholesale with
profits obtained from other operations.
(b) Such study shall examine--
(1) the role of vertically integrated operations in
facilitating subsidization of sales of motor fuel at wholesale or
retail;
(2) the extent to which such subsidization is predatory and
presents a threat to competition;
(3) the profitability of various segments of the petroleum
industry;
(4) the impact of prohibiting such subsidization on the
competitive viavility of various segments of the petroleum
industry, on prices of motor fuel to consumers and on the health
and structure of the petroleum industry as a whole; ane
(5) such other matters as the Secretary considers appropriate.
(c) In conducting the study required by this section, the Secretary
shall give appropriate notice and afford interested persons an
opportunity to present written and oral data, views and arguments
concerning such study.
(d)(1) The Secretary shall report the results of the study required
by this section, together with such recommendations for legislative
action and such statistical evidence as he deems appropriate to the
Congress on or before the expiration on the eighteenth month after the
date of enactment of this section.
(2) If the President determines that interim measures are necessary
and appropriate to maintain the competitive viability of the marketing
sector of the petroleum industry during Congressional consideration of
the recommendations contained in the report submitted under paragraph
(1), he shall prescribe, by rule, in accordance with the procedures set
forth in section 523(a) of the Energy Policy and Conservation Act (42
U.S.C. 6393) such interim measures.
(3) No interim measure proposed by the President under this section
may be submitted after January 1, 1980, and the effect of such measure
if approved by the Congress under paragraph (4) may not extend beyond 18
months after such Congressional approval.
(4) Such interim measure shall not take effect unless approved by
both House of Congress as if it were a contingency plan under section
522 of the Energy Policy and Conservation Act (42 U.S.C. 6422):
Provided, That the 60-day period referred to in such section shall be
extended to 90 days for purposes of this section.
(e) There are hereby authorized to be appropriated such sums as may
be necessary to carry out the provisions of this section.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 161 (Comm. on Insterstate and Foreign
Commerce).
SENATE REPORTS: No. 95 - 731, and No. 95 - 732 accompanying S. 743
(Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD:
Vol. 123(1977): Apr. 5, considered and passed House.
Vol. 124(1978): May 5, 9, considered and passed Senate,
amended, in lieu of S. 743. June 6, agreed to Senate amendments.
PUBLIC LAW 95-296, 92 STAT. 321
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That, the Federal
Aviation Administration Aeronautical Center, Oklahoma City, Oklahoma,
shall hereafter be known and designated as the " Mike Monroney
Aeronautical Center". Any reference in a law, map, regulation,
document, record, or other paper of the United States to such center
shall be held to be a reference to the Mike Monroney Aeronautical
Center.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 1209 accompanying H.R. 7674 (Comm. on Public
Works and Transportation).
CONGRESSIONAL RECORD:
Vol. 123 (1977): June 8, considered and passed Senate.
Vol. 124 (1978): June 5, considered and passed House, in lieu
of H.R. 7674.
PUBLIC LAW 95-295, 92 STAT. 319
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Central,
Western, and South Pacific Fisheries Development Act (16 U.S.C. 758e--
758e--5) is amended as follows:
(1) Section 2 of such Act (16 U.S.C. 758e) is amended by inserting
"with the Pacific Tuna Development Foundation or other agency or
organization," immediately after "contract,".
(2) Section 3 of such Act (16 U.S.C. 758 - 1) // 16 USC 758e--1. //
is amended by (A) inserting "the Secretary of State," immediately after
" Interior,"; (B) inserting "the Commonwealth of the Northern Mariana
Islands," immediately after the " Trust Territories of the Pacific
Islands,"; (C) striking out "and" immediately after "institutions,";
and (D) inserting ", and all appropriate member nations of a South
Pacific regional fishery agency (hereinafter referred to in this Act as
the 'agency'), if such an agency is formed" immediately after
"industry".
(3) Such Act is further amended by inserting immediately after
section 3 thereof the following:
" Sec. 4. In addition to the authority granted in section 2, the
Secretary, in consultation with representatives of all interested member
nations of the agency, and those parties set forth in section 3, may
establish in accordance with section 2, a cooperative program for the
development of tuna and other latent fisheries resources of the Central,
Western, and South Pacific Ocean to be submitted to the President and
the Congress within one year following official formation of the agency.
The Secretary shall make available to all interested member nations of
the agency the results and findings of research or development projects
carried out under this Act."
(4) Sectoins 4, 5, 6, and 7 of such Act // 16 USC 758e-2 -- 758e-5.
// are redesignated sections 5, 6, 7, and 8, respectively.
Sec. 2. Section 8 of the Central, Western, and South Pacific
Fisheries Development Act (16 U.S.C. 768e-5), as redesignated, is
amended by--,
(1) placing the amendment made to such section by the Act of
July 6, 1976 (relating to authorizations of appropriations for
such Fisheries Development Act) immediately after " June 30, 1976,
the sum of $3,000,000"; and
(2) striking out "$3,000,000", the second place it then appears
in such section, and inserting in lieu thereof "$4,000,000, and
for each of the fiscal years 1980, 1981, and 1982, the sum of
$5,000,000,".
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 1079 (Comm. on Merchant Marine and Fisheries).
SENATE REPORT No. 95 - 818 (Comm. on Commerce, Science, and
Transportation).
CONGRESSIONAL RECORD, Vol. 124 (1978):
May 1, considered and passed House.
May 18, considered and passed Senate, amended.
May 31, House concurred in Senate amendments.
PUBLIC LAW 95-294, 92 STAT. 318
Whereas since the establishment of the first university press at Johns
Hopkins University in 1878, American university presses have advanced
and diffused the spectrum of human knowledge, issuing on-sixth of all
American books in print today; Whereas American university presses
maintain a long tradition of
notable achievement as demonstrated by the large share of prizes for
literary merit and graphic excellence awarded university presses; and
Whereas American university presses continue to have a profound
impact on culture, scholarship, and higher education, both regionally
and internationally: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the President is
authorized and requested to issue a proclamation designating June 11,
1978, as " American University Press Day", and calling upon the people
of the United States and interested groups and organizations to observe
such day with appropriate ceremonies and activities.
LEGISLATIVE HISTORY:
CONGRESSIONAL RECORD, Vol. 124 (1978):
June 8, considered and passed Senate.
June 9, considered and passed House.
PUBLIC LAW 95-293, 92 STAT. 317
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled. That (a) section 576 of
title 5, United States Code, is amended to read as follows:
" Section 576. Appropriations
" To carry out the purposes of this subchapter, there are authorized
to be appropriated sums not to exceed $1,700,000 for the fiscal year
ending September 30, 1979, $2,000,000 for the fiscal year ending
September 30, 1980, $2,300,000 for the fiscal year ending September 30,
1981, and $2,300,000 for the fiscal year ending September 30, 1982.".
(b) The amendment made by subsection (a) // 5 USC 576 // shall take
effect October 1, 1977.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 743 (Comm. on the Judiciary).
SENATE REPORT No. 95 - 583 (Comm. on the Judiciary).
CONGRESSIONAL RECORD:
Vol. 123 (1977): Nov. 4, considered and passed Senate.
Vol. 124 (1978): Jan. 24, considered and passed House,
amended, in lieu of H.R. 7662. May 22, Senate agreed to House
amendment with amendments. May 25, House concurred in Senate
amendments.
PUBLIC LAW 95-292, 92 STAT. 307
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembles, That (a) title II of the
Social Security Act // 42 USC 401 // is amended by inserting immediately
after section 226 the following new section:
" Sec. 226 A. (a) Notwithstanding any provision to the contrary in
section 226 or title XVIII, every individual who--,
"(1)(A) is fully or currently insured (as such terms are
defined in section 214 of this Act) // 42 USC 414. // or would be
fully or currently insured if his service as an employee (as
defined in the Railroad Retirement Act of 1974) // 42 USC 231 //
after December 31, 1936, were included in the term 'employment' as
defined in this Act, or (B) is entitled to monthly insurance
benefits under title II of this Act or an annuity under the
Railroad Retirement Act of 1974, or (C) is the spouse or dependent
child (as defined in regulations) of an individual who is fully or
currently insured or would be fully or currently insured if his
service as an employee (as defined in the Railroad Retirement Act
of 1974) after December 31, 1936, were included in the term
'employment' as defined in this Act, or (D) is the spouse or
dependent child (as defined in regulations) of an individual
entitled to monthly insurance benefits under title II of this Act
or an annuity under the Railroad Retirement Act of 1974;
"(2) is medically determined to have end stage renal disease;
and
"(3) has filed an application for benefits under this section;
shall, in accordance with the succeeding provisions of this section,
be entitled to benefits under part A and eligible to enroll under part B
of title XVIII, // 42 USC 1395 // subject to the deductible, premium,
and coinsurance provisions of that title.
"(b) Subject to subsection (c), entitlement of an individual to
benefits under part A and eligibility to enroll under part B of title
XVIII by reasons of this section on the basis of end stage renal
disease--,
"(1) shall begin with--,
(and such additional requirements as the Secretary may
prescribe under section 1881 (b) for such institutions)
in preparation for or anticipation of kidney
transplantation, but only if such transplantaion occurs
in that month or in either of the next two months,
d two months
whichever first occurs (but no earlier than one year
preceding
the month of the filing of an application for benefits
under this
section); and
"(c) Notwithstanding the provisions of subsection (b)--,
shall
begin with the month in which such regular course of
renal dialysis
is initiated;
(b) Section 226 of such Act // 42 USC 426. // is amended--,
Sec. 2. Part C of title XVIII of the Social Security Act // 42 USC
1395x. // is amended by adding at the end thereof the followint new
section:
" Sec. 1881. (a) The benefits provided by parts A and B of this title
shall include benefits for individuals who have been determined to have
end-stage renal disease as provided in section 226 A, and benefits for
kidney donors as provided in subsection (d) of this section.
Notwithstanding any other provision of this title, the type, duration,
and scope of the benefit provided by parts A and B with respect to
individuals who have been determined to have end-stage renal disease and
who are entitled to such benefits without regard to section 226 A shall
in no case be less than the type, duration, and scope of the benefits so
provided for individuals entitled to such benefits solely by reason of
that section.
"(b)(1) Payments under this title with respect to services, in
addition to services for which payment would otherwise be made under
this title, furnished to individuals who have been determined to have
end-stage renal disease shall include (A) payments on behalf of such
individuals to providers of services and renal dialysis facilities which
meet such requirements as the Secretary shall by regulation prescribe
for institutional dialysis services and supplies (including
self-dialysis services in a self-care dialysis unit maintained by the
provider or facility), transplantation services, self-care home dialysis
support services which are furnished by the provider or facility, and
routine professional services performed by a physician during
maintenance dialysis episode if payments for his other professional
services furnished to an individual who has end-stage renal disease are
made on the basis specified in paragraph (3)(A) of this subsection, and
(B) payments to or on behalf of such individuals for home dialysis
supplies and equipment. The requirements prescribed by the Secretary
under subparagraph (A) shall include requirements for a minimum
utilization rate for covered procedures and for self-dialysis training
programs.
"(2)(A) With respect to payments for dialysis services furnished by
providers of services and renal dialysis facilities to individuals
determined to have end-stage renal disesase foe which payments may be
made under part B of this title, // 42 USC 1395j. // such payments
(unless otherwise provided in this section) shall be equal to 80 percent
of the amounts determined in accordance with subparagraph (B); and with
respect to payments for services for which payments may be made under
part A of this title, // 42 *USC 1395 // the amounts of such payments
(which amounts shall not exceed, in respect ot cost in procuring organs
attributable to payments made to an organ procurement agency or
histocompatibility laboratory, the costs incurred by that agency or
laboratory) shall be determined in accordance with section 1861 (v). //
42 USC 1395x // Payments shall be made to a renal dialysis facility only
if it agrees to accept such payments as payment in full for covered
services, except for payment by the individual of 20 percernt of the
estimated amounts for such services calculated on the basis established
by the Secretary under subparagraph (B) and the deductible amount
imposed by section 1833(b).
"(B) The Secretary shall prescribe in regulations any methods and
procedures to (i) determine the costs incurred by providers of services
and renal dialysis facilities in furnishing covered services to
individuals determined to have end-stage renal disease, and (ii)
determine, on a cost-related basis or other economical and equitable
basis (including any basis authorized under section 1861(v)), the
amounts of payments to be made for part B services furnished by such
providers and facilities to such individuals. Such regualtions shall
provide for the implementation of appropriate incentives for encouraging
more efficient and effective delivery of services (consistent with
quality care), and shall include, to the extent determined feasible by
the Secretary, a system for classifying comparable providers and
facilities, and prospectively set rates or target rates with
arrangements for sharing such reductions in costs as may be attributable
to more efficient and effective delivery of services.
"(C) Such regulations, in the case of services furnished by
proprietary providers and facilities may include, if the Secretary finds
it feasible and appropriate, provision for recognition of a reasonable
rate of return on equity capital, providing such rate of return does not
exceed the rate of return stipulated in section 1861 (v) (B).
"(D) For purposes of section 1878, // 42 USC 1395oo // a renal
dialysis facility shall be treated as a provider of services.
"(3) With respect to payments for physicians' services furnished to
individuals determined to have end-stage renal disease, the Secretary
shall pay 80 percent of the amounts calculated for such services--,
"(A) on a reasonable charge basis (but may, in such case, make
payment on the basis of the prevailing charges of other physicians
for comparable services) except that payment may not be made under
this subparagraph for routine services furnished during a
maintenance dialysis episode, or
"(B) on a comprehensive monthly fee or other basis for an
aggregate of services provided over a period of time (as defined
in regulations).
"(4) Pursuant to agreements with approved providers of services and
renal dialysis facilities, the Secretary may make payments to such
providers and facilities for the cost of home dialysis supplies and
equipment and self-care home dialysis support services furnished to
patients whose self-care home dialysis is under the direct supervision
of such provider or facility, on the basis of a target reimbursement
rate (as defined in paragraph (6).
"(5) An agreement underparagraph (4) shall require, in accordance
with regulations prescribed by the Secretary, that the provider or
facility will--,
"(A) assume full responsibility for directly obtaining or
arranging for the provision of--,
"(B) perform all such administrative functions and maintain
such information and records as the Secretary may require to
verify the transactions and arrangements described in subparagraph
(A);
"(C) submit such cost reports, data, and information as the
Secretary may require with respect to the cost incurred for
equipment, supplies, and services furnished to the facility's home
dialysis patient population; and
"(D) provide for full access for the Secretary to all such
records, data, and information as he may require to perform his
functions under this section.
"(6) The Secretary shall establish, for each calendar year,
commencing with January 1, 1979, a target reimbursement rate for home
dialysis which shall be adjusted for regional variations in the cost of
providing home dialysis. In establishing such a rate, the Secretary
shall include--,
"(A) the Secretary's estimate of the cost of providing
medically necessary home dialysis supplies and equipment;
"(B) an allowance, in an amount determined by the Secretary, to
cover administrative costs and to provide an incentive for the
efficient delivery of home dialysis;
but in no event shall such target rate exceed 70 percent of the national
average payment, adjusted for regional variations, for maintenance
dialysis services furnished in approved providers and facilities during
the preceding fiscal year. Any such target rate so established shall be
utilized, without renegotiation of the rate, throughout the calendar
year for which it is established. During the last quarter of each
calendar year, the Secretary shall establish a home dialysis target
reimbursement rate for the next calendar year based on the most recent
data available to the Secretary at the time. In establishing any rate
under this paragraph, the Secretary mayutilize a competitive-bid
procedure, a prenagotiated rate procedure, or any other procedure which
the Secretary determines is appropriate and feasible in order to carry
out this paragraph in an effective and efficient manner.
"(7) For purposes of this title, the term 'home dialysis supplies and
equipment' means mediclly necessary supplies and equipment (including
supportive equipment) required by an individual suffering from end-stage
renal disease in connection with renal dialysis carried out in his home
(as defined in regulations), including obtaining, installing, and
maintaining such equipment.
"(8) For purposes of this title, the term 'self-care home dialysis
support services', to the extent permitted in regulation, means--,
"(A) periodic maonitoring of the patient's home adaptation,
including visits by qualified provider of facility personnel (as
defined in regulations), so long as this is done in accordance
with a plan prepared and periodically reviewed by a professional
team (defined in regulations) including the individual's
physician;
"(B) installation and maintenance of dialysis equipment;
"(C) testing and appropriate treatment of the water; and "(D)
such additional supportive services as the Secretary finds
appropriate and desirable.
"(9) For purposes of this title, the term 'self-care dialysis unit'
means a renal dialysis facility or a distinct part of such facility or
of a provider of services, which has been approved by the Secretary to
make self-dialysis services, as defined by the Secretary in regulations,
available to individuals who have been trained for self-dialysis. A
self-care dialysis unit must, at a minimum, furnish the services,
equipment and supplies needed for self -care dialysis, have
patient-staff ratios which are appropriate to self-dialysis (allowing
for such appropriate lesser degree of ongoing medical supervision and
assistance of ancillary personnel than is required for full care
maintenance dialysis), and meet such other requirements as the Secretary
may prescribe with respect ot the quality and cost-effectiveness of
services.
"(c)(1)(A) For the purpose of assuring effective and efficient
administration of the benefits provided under this section, the
Secretary shall establish, in accordance with such criteria as he finds
appropriate, renal disease network areas, such network organizations
(including a coordinating council, and executive committee of such
council, and a medical review board, for each network area) as he finds
necessary to accomplish such purpose, and a national end stage renal
disease medical information system. The Secretary may by regulations
provide for such coordination of network planning and quality assurance
activities and such exchange of data and information among agencies with
responsibilities for health planning and quality assurance activities
under Federal law as is consistent with the economical and efficient
administration of this section and with the responsibilities established
for network organizations under this section.
"(B) At least one patient representative shall serve as a member of
each coordinating council and executive committeel
"(C) The Secretary shall, in regulations, prescribe requirements with
respect to membership in network organizations by individuals (and the
relatives of such individuals) (i) who have an ownership or control
interest in a facility or provider which furnishes services referred to
in section 1861 (s)(2)n F), or (ii) // 42 USC 1395x // who have received
remuneration from any such facility or provider in excess of such
amounts as constitute reasonable compensation for services (including
time and effort relative to the provision of professional medical
services) or goods supplied to such facility or provider; and such
requirements shall provide for the definition, desclosure, and, to the
maximum extent consistent with effective administration, prevention of
potential or actual financial or professional conflicts of interest with
respect to decisions concerning the appropriateness, nature, or site of
patient care.
"(2) The network organizations of each network shall be responsible,
an addition to such other duties and functions as may be prescribed by
the Secretary, for--,
"(A) encouraging, consistent with sound medical practive, the
use of those treatment settings most compatible wtih the
successful rehabilitation of the patient;
"(B) developung criteria and standards relating to the quality
and appropriateness of patient care; and network goals with
respect to the placement of patients in self -care settings and
undergoing or preparing for transplantation;
"(C) evaluating the procedure by which facilities and providers
in the network assess the appropriateness of patients for proposed
treatment modalities;
"(D) identifying facilities and providers that are not
cooperating toward meeting network goals and assisting such
facilities and providers in developing appropriate plans for
correction; and
"(E) submitting an annual report to the Secretary on July 1 of
each year which shall include a full statement of the network's
goals, data on the network's performance in meeting its goals
(including data on the comparative performance of facilities and
providers with respect to the identification and placement of
suitable candidates in self -care settings and transplantation),
identification of those facilities that have consistently failed
to cooperate with network goals, and recommendations with respect
to the need for additional or alternative services or facilities
in the network in order to meet the network goals, including
self-dialysis training, transplantation, and organ procurement
facilities.
"(3) Where the Secretary determines, on th basis of the data
contained in the network's annual report and such other relevant data as
may be available to him, that a facility or provider has consistently
failed to cooperate with network plans and goals, he may terminate or
withhold certification of such facility or provider (for purposes of
payment for services furnished to individuals with end stage renal
disease) until he determines that such provider or facility is making
reasonable and appropriate efforts to cooperate with the network's plans
and goals.
"(4) The Secretary shall, in determining whether to certify
additional facilities or expansion of existing facilities within a
network, takes into account the network's goals and performance as
reflected in the network's annual report.
"(5) The Secretary, after consultation with appropriate professional
and planning organizations, shall provide such guidelines with respect
to the planning and delivery of renal disease services as are necessary
to assist network organizations in their development of their respective
networks' goals to promote the optimum use of self-dialysis and
transplantation by suitable candidates for such modalities.
"(6) It is the intent of the Congress that the maximum practical
number of patients who are medically, socially, and psychologically
suitable candidates for home dialysis or transplantation should be so
treated. The Secretary shall consult with appropriate professional and
network organizations and consider available evidence relating to
developments in research, treatment methods, and technology for home
dialysis and transplantation. The Secretary shall periodically submit
to the Congress such legislative recommendations as the Secretary finds
warranted on the basis of such consultation and evidence to further the
national objective of maximizing the use of home dialysis and
transplantation consistent with good medical practice.
"(d) Notwithstanding any provision to the contrary in section 226 //
42 USC 426. // any individual who donates a kidney for transplant
surgery shall be entitled to benefits under parts A and B of this title
// 42 Usc 1395, 1395j // with respect to such donation. Reimbursement
for the reasonable expenses incurred by such an individual with respect
to a kidney donation shall be made (without regard to the deductible,
premium, and coinsurance provisions of this title), in such manner as
may be prescribed by the Secretary in regulations, for all reasonable
preparatory, operation, and postoperation recovery expenses associated
with such donation, incuding but not limited to the expenses for which
payment could be made if he were an eligible individual for purposes of
parts A and B of this title without regard to this subsection. Payments
for postoperation recovery expenses shall be limited to the actual
period of recovery.
"(e)(1) Notwithstanding any other provision of this title, the
Secretary may, pursuant to agreements with approved providers of
services and renal dialysis facilities, reimburse such providers and
facilities (without regard to the deductible and coinsurance provisions
of this title) for the reasonable cost of the purchase, installation,
maintenance and reconditionaing for subsequent use of artificail kidney
and automated dialysis peritoneal machines (including supportive
equipment) which are to be used exclusively by entitled individuals
dialyzing at home.
"(2) An agreement under this subsection shall require that the
provider or facility will--,
"(A) make the equipment available for use only by entitled
individuals dialyzing at home;
"(B) recondition the equipment, as needed, for reuse by such
individuals throughout the useful life of the equipment, including
modification of the equipment consistent with advances in research
and technology;
"(C) provide for full access for the Secretary to all records
and information relating to the purchase, maintenance, and use of
the equipment; and
"(D) submit such reports data, and information as the Secretary
may require with respect to the cost, management, and use of the
equipment.
"(3) For purposes of this section, the term 'supportive equipment'
includes blood pumps, heparin pumps, bubble detectors, other alarm
systems, and such other items as the Secretary may determine are
medically necessary.
"(f)(i) The Secretary shall initiate and carry out, at selected
locations in the United States, pilot projects under which financial
assistance in the purchase of new or used durable medical equipment for
renal dialysis is provided to individuals suffering from end stage renal
desease at the time home dialysis is begun, with provision for a trial
period to assure successful adaptaion to home dialysis before the actual
purchase of such equipment.
"(2) The Secretary shall conduct experiments to evaluate methods for
reducing the costs of the end stage renal disease program. Such
experiments shall include (without being limited to) reimbursement for
nurses and dialysis technicians to assist with home dialysis, and
reimbursement to family members assisting with home dialysis.
"(3) The Secretary shall conduct experiments to evaluate methods of
dietary control for reducing the costs of the end stage renal disease
program, including (without being limited to) the use of
protein-controlled products to delay the necessity for, or reduce the
frequency of, dialysis in the treatment of end stage renal disease,
"(4) The Secretary shall conduct a comprehensive study of methods for
increasing public particiapation in kidney donation and other organ
donation programs.
"(5) The Secretary shall conduct a full and complete study of the
reimbursement of physicians for services furnished to patients with end
stage renal disease under this title, giving particular attention to the
range of payments to physicians for such services, the average amounts
of such payments, and the number of hours devoted to furnishing such
services to patients at home, in renal disease facilities, in hospitals,
and elsewhere.
"(6) The Secretary shall consuct a study of the number of patients
with end stage renal disease who are not eligible for benefits with
respect to such disease under this title (by reason of this section or
otherwise), and of the economic impact of such noneligibility of such
individuals. Such study shall include consideration of mechanisms
whereby governmental and other health plans might be instituted or
modified to permit the purchase of actuarially sound coverage for the
costs of end stage renal disease.
"(7) The Secretary shall conduct a study of the medical
appropriateness and safety of cleaning and reusing dialysis filters by
home dialysis patients. In such cases in which the Secretary determines
that such home cleaning and reuse of filters is a medically sound
procedure, the Secretary shall conduct experiments to evaluate such home
cleaning and reuse as a method of reducing the costs of the end stage
renal disease program.
"(8) The Secretary shall submit to the Congress no later than October
18 1979, a full report on the experiments conducted under paragraphs
(1), (2), (3), and (7), and the studies under paragraphs (4), (5), (6)8
and (7). Such report shall include any recommendaions for legislative
changes which the Secretary finds necessary or desirable as a result of
such experiments and studies.
"(g) The Secretary shall submit to the Congress on April 1, 1979 and
April 1 of each year thereafter a report on the end stage renal disease
program, including but not limited to--,
"(1) the number of patients, nationally and by renal disease
network, on dialysis (self-dialysis or otherwise) at home and in
facilities;
"(2) the number of new patient s entering dialysis at home and
in facilities during the year;
"(3) the number of facilities providing dialysis and the
utilization rates of those facilities;
"(4) the number of kidney transplants, by source of donor
organ;
"(5) the number of paitients awaiting organs for transplant;
"(6) the number of transplant failures
"(7) the range of costs of kidney acquisitions by type of
facility and by region;
"(8) the number of facilities providing transplants and the
number of transplants performed per facility;
"(9) patient mortality and morbidity rates;
"(10) the average annual cost of hospitalization for ancillary
problems in dialysis and transplant patients, and drug costs for
transplant patients;
"(11) medicare payment rates for dialysis, transplant
procedures, and physician services, along with any changes in such
rates during the year and the reasons for those changes
"(12) the results of cost-saving experiments;
"(13) the results of basic kidney disease research conducted b
by the Federal Government, private institutions, and foreign
governments;
"(14) information on the activities of medical review boards
and other networks organizations; and
"(15) estimated program costs over the next five years".
Sec. 3. (a) Section 226(a) of the Social Security Act // 42 USC 426.
//
is amended--,
(1) by striking out "specified in subparagraph (B)" and
inserting in lieu thereof "specified in paragraph (1)"; and
(2) by striking out "specified in subparagraphs (A) and (B)"
and inserting in lieu thereof "specified in paragraphs (1) and
(2)".
(b) Paragraphs (2) and (3) of section 226 (e) of such Act (as
redesignated by subsection (b)(2) of the first section of this Act) are
each amended by striking out "subsection b" and inserting in lieu
thereof "subsection (b)".
Sec. 4. (a) Section 1811 of the Social Security Act // 42 USC 1395c.
//
is amended--,
(1) by striking out "section 226" and inserting in lieu thereof
"sections 226 and 226 A";
(2) by striking out "and" at the end of clause (1), and
inserting in lieu thereof a comma; and
(3) by inserting immediately before the period the following ",
and (3) certain individuals who do not meet the conditions
specified in either clause (1) or (2) but who are medically
determined to have end stage renal disease".
(b) Section 1833 (a)(1) of such Act // 42 USC 1395l. //
is amended--,
(1) by striking out "and" at the end of clause (C), and
(2) by adding the following after "section)", in clause (D):
"and (E) with respect to services furnished to individuals who
have been determined to have end stage renal disease, the amounts
paid shall be determined subject to the provisions of section
1881, // 42 USC 1395l. // and".
(c) Section 1833 (a)(2) of such Act is amended by inserting
"(unless otherwise specified in section 1881)" after "other
services".
(d) Section 1861 (s)(2) of such Act // 42 USC 1395x. //
is amended--,
(1) by striking out "and" at the end of clause (D);
(2) by inserting "and" at the end of clause (E); and
(3) by adding the following new clause after clause (E):
"(F) home dialysis supplies and equipment, self-care home
dialysis support services, and institutional dialysis services and
supplies;".
(e) The first sentence of section 1866 (a)(2)(A) of such Act // 42
USC 1395cc. // is amended by inserting the following before the period:
"(but in the case of items and services furnished to individuals with
end-stage renal disease, an amount equal to 20 percent of the estimated
amounts for such items and services calculated on the basis established
by the Secretary)".
(f) Section 1814 (b)(1) of such Act // 42 USC 1395f. // is amended
by inserting "and as further limited by section 1881 (b)(2)(B)" after
"1861(v)".
Sec. 59 The third sentence of section 1817 (b) of the Social
Security Act, // 42 USC 1395i. // and the third sentence of section
1841(b) of such Act, // 42 USC 1395t. // and section 1876(b)(2)(B) of
such Act, // 42 USC 1395mm. // are each amended by striking out "
Commissioner of Social Security" and inserting in lieu thereof "
Administrator of the Health Care Financing Administration".
Sec. 6. The amendments made by the preceding sections of this Act //
42 USC 426 // shall become effective with respect to services, supplies,
and equipment furnished after the third calendar month which begins
after the date of the enactment of this Act, except that those
amendments providing for the implementation of an incentive
reimbursement system for dialysis services furnished in facilities and
providers shall become effective with respect to a facility's or
provider's first accounting period which begins after the last day of
the twelfth month following the month of the enactment of this Act, and
those amendments providing for reimbursement rates for home dialysis
shall become effective on April 1, 1979.
Sec. 7. Section 15(d) of Public Law 93 - 233 // 42 USC 1395x // (as
amended by section 7 (c) of Public Law 93 - 368 and the first section of
Public Law 94 - 368) is amended by striking out " October 1, 1977" and
inserting in lieu thereof " October 1, 1978".
Sec. 8. (a) The first sentence of section 1905(c) of the Social
Security Act // 42 USC 1396d. // is amended--,
(1) by striking "and (3)" and inserting in lieu thereof "(3)";
and
(2) by striking out the period at the end thereof and inserting
in lieu thereof the following ", and (4) meets the requirements of
section 1861(j)(14) // 42 USC 1395x. // with respect ot
protection of patients' personal funds".
(b) The fourth sentence of section 1905(c) of such Act is amended by
striking out "clauses (2) and (3) " and inserting in lieu thereof
"clauses (2), (3), and (4)".
(c) The Secretary of Health, Education, and Welfare shall, by
regulation, define those cost which may be charged to the personal funds
of patients in intermediate care facilities who are individuals
receiving medical assistance under a State plan approved under the
provisions of title XIX of the Social Security Act, // 42 USC 1396. //
and those costs which are to be included in the reasonable cost or
reasonable charge for intermediate care facility services as determined
under the provisions of such title.
(d)(1) The amendments made by subsections (a) and (b) // 42 USC 1396d
shall become effective on July 1, 1978.
(2) The Secretary of Health, Education, and Welfare shall issue the
regulations required under subsection (c) // 42 USC 1396d // within 90
days after the date of enactment of this Act but not later than July 18
1978.
(e) Section 20(c)(2) of the Medicare-Medicaid Anti-Fraud and Abuse
Amendments (Public Law 95 - 142) // 42 USC 1396b // is amended by
striking out "section 1905(g)" and inserting in lieu thereof "section
1903(g)".
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 549 (Comm. on Ways and Means).
SENATE REPORT No. 95 - 714 (Comm. on Finance).
CONGRESSIONAL RECORD:
Vol. 123 (1977): Sept. 12, considered and passed House.
Vol. 124 (1978): Apr. 10, considered and passed Senate,
amended. May 1, House concurred in Senate amendment with an
amendment. May 24, Senate concurred in House amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS:
Vol. 14, No. 24 (1978): June 13, Presidential statement.
PUBLIC LAW 95-291, 92 STAT. 304
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) there is
authorized to be appropriated for the fiscal year which ends on
September 30, 1979, not to exceed $543,000,000, to remain available
until expended, to enable the Secretary of the Treasury to pay to any
State the amount determined by the Secretary of Health, Education, and
Welfare (hereinafter in this Act referred to as the " Secretary"), in
accordance with the succeeding provisions of this Act, to be payable to
the State in settlement of the unpaid claim of the State against the
United States for reimbursement of expenditures made by the State prior
to October 1, 1975, with respect to services (and related administrative
costs) which the State asserts were provided (or incurred) under an
approved State plan pursuant to title I, IV- A, VI, X, XIV, or XVI of
the Social Security Act. // 42 USC 301, 601, 801, 1201, 1351, 1381. //
(b) For purposes of this Act, the term "unpaid claim" of any State
means (subject to the succeeding sentence) the total amount of Federal
reimbursement for expenditures of the type specified in subsection (a)
which has not been paid to such State prior to the date of enactment of
this Act. In determining such total amount in the case of any State,
any portion thereof attributable to expenditures made in any fiscal year
with respect to which the provisions of section 1130 of the Social
Security Act // 42 USC 1320b // (as then in effect) were applicable
shall be reduced (but not below zero) by the excess (if any) of (1) the
aggregate of the portion of such total amount attributable to
expenditures made in such year and the total amount of the Federal
reimbursement paid prior to the date of enactment of this Act to such
State with respect to expenditures made in such year, over (2) the
State's allotment determined under such section 1130 for such year.
Sec. 2. (a) In the case of that portion of the unpaid claim of a
State that the Secretary determines was asserted against the United
States, in the form and manner prescribed by the Secretary with respect
to the filing of claims under titles I, IV-- A, VI, X, XIV, and XVI of
the Social Security Act, // 42 USC 301, 601, 801 1201 1351 1381. //
prior to April 1, 1977, the Secretary shall certify to the Secretary of
the Treasury for payments to the State the sum of--,
(1) an amount equal to 38 percent of so much of such portion as
does nto exceed $50,000,000;
(2) an amount equal to 35 percent of so much of such portion as
exceeds $50,000,000 but does not exceed $150,000,000; and
(3) an amount equal to 21 percent of so much of such portion as
exceeds $150,000,000;
except that the percentage specified in paragraph (1) shall be 58
percent and the percentage specified in paragraph (2) shall be 50
percent in the case of a State if the portion of the unpaid claim of
such State referred to in the preceding provisions of this subsection
equals or exceeds 85 percent of the sum of (A) such portion and (B) the
total amount of Federal reimbursement for expenditures of the type
specified in the first section of this Act which has been paid to such
State prior to the date of enactment of this Act but with respect to
which formal steps have been initiated by the Secretary to recover such
reimbursement.
(b)(1) In the case of the portion of the unpaid claims of a State
that the Secretary determines meets the requirements of subsection (a),
except that the claim was asserted, in the form and manner prescribed by
the Secretary, on or after April 1, 1977, but prior to the ninety-first
day following the date upon which this Act is enacted, the Secretary
shall certify to the Secretary of the Treasury for payment to the State,
subject to paragraph (2), an amount equal to 15 percent of so much of
such portion as he finds to be for the provision of services that he
finds the State provided and for which he has not provided
reimbursement, but the expenditures for which were reimbursable under
title I, IV-- A, VI, X, XIV, or XVI of the Social Security Act // 42 USC
301, 601, 801 1201 1351 1381. // prior to April 1, 1977, or, if not
services the expenditures for which were reimbursable, are services of a
similar kind and are not otherwise reimbursable under this Act
(2) The Secretary may not certify for payment to any State under the
authority of this subsection an aggregate amount that exceeds 5 percent
of that State's allotment for the fiscal year 1973 of social service
funds under titles I, IV-- A, X, XIV, and XVI of the Social Security
Act, as determined in accordance with section 1130(b) of such Act, less
the amount certified for payment to the State under subsection (a) of
this section.
(3) The Secretary shall have no authority, by regulations or
otherwise, to extend the time period specified in paragraph (1) or to
waive the limit for assertion of a claim.
Sec. 3. (a) Except with respect to amounts paid by the Secretary to a
State prior to April 1, 1977, no State is entitled to reimbursement of
expenditures described by the first section of this Act, // 42 USC 1397a
// except as provided by this Act.
(b) Neither the Secretary nor any other official of the Federal
Government may seek to recover any amount paid to a State prior to April
1, 1977, or pursuant to this Act, as reimbursement of expenditures made
by the State of the type described by the first section of this Act.
Sec. 4. (a) The Secretary is authorized to enter into agreements with
any State in accordance with the provisions of this Act, // 42 USC 1397a
// and agreements entered into prior to the enactment of this Act, to
the extent not inconsistent with the terms hereof, shall have the same
force and effect as agreements entered into subsequent to enactment of
this Act.
(b) In the absence of an agreement, a State dissatisfied with a
determination by the Secretary under this Act may, by application to the
Secretary within 60 days after the date of notice to the State of that
determination, obtain the Secretary's review of that determination. If
the application requests a hearing, the Secretary shall conduct a
hearing after reasonable notice to the State, and shall, on the basis of
evidence adduced at the hearing, affirm, modify, or reverse his
determination. If the Secretary does not preside at the reception of
the evidence at the hearing, the decision of the presiding official or
body shall be the decision of the Secretary.
(c) No court of the United States has jurisdiction to entertain a any
action seeking the review of any determination or finding of the
Secretary under this Act, or otherwise seeking to compel a determination
by the Secretary to certify for payment any claim described by the first
section of this Act; except that the appropriate district court shall
have jurisdiction over any action seeking enforcement of an agreement of
the kind referred to in subsection (a).
Sec. 5. (a) Amounts appropriated under the first section of this Act
// 42 USC 1397a // shall be first applied in settlement of the portions
of unpaid claims described in section 2(a). If, after that payment, the
amounts remaining are insufficient to pay the amounts established by
section 2(b) with respect to the portions of unpaid claims asserted
under section 2(b), the Secretary shall certify for payment with respect
to each such portion an amount that bears the same relationship to that
portion as the total of such remaining available amounts bears to the
total of all portions of unpaid claims asserted under section 2(b).
(b) A reduction effected by subsection (a) of this section in the
amount payable to a State under section 2(b) does not give rise to an
entitlement of the State to the difference between the amount payable
under section 2(b) (without regard to subsection (a) of this section)
and the amount payable under section 2(b) after application of
subsection (a) of this section.
(c) In the event that the amount appropriated pursuant to the first
section of this Act exceeds the payable portions of unpaid claims under
subsections (a) and (b) of section 2, the amount paid to any State
receiving a payment computed with respect to paragraph (3) of section
2(a) shall be increased (to the extent of such excess) by an amount
equal to the difference between the amount it received under section 2(
a) and the amount it would have so received if the percentage in such
paragraph had been 25 percent.
Sec. 6. The Secretary of the Treasury shall pay to each State, out of
amounts appropriated pursuant to the first section of this Act // 42 USC
1397a // all amounts certified by the Secretary as payable to that State
under the terms of this Act.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 95 - 1114, Pt. I (Comm. on the Judiciary) and 95
- 1114, Pt. II (Comm. on Ways and Means).
SENATE REPORT No. 95 - 632 (Comm. on Finance).
CONGRESSIONAL RECORD, Vol. 124 (1978):
May 23, considered and passed House.
May 25, considered and passed Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 14,
No. 24: June 12, Presidential statement.
PUBLIC LAW 95-290, 92 STAT. 290
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Section 1. (a) The Congress finds that--,
(1) certain sites and structures in Lowell, Massachusetts,
historically and culturally the most significant planned
industrial city in the United States, symbolize in physical form
the Industrial Revolution;
(2) the cultural heritage of many of the ethnic groups that
immigrated to the United States during the late nineteenth and
early twentieth centuries is still preserved in Lowell's
neighborhoods;
(3) a very large proportion of the buildings, other
structures, and districts in Lowell date to the period of the
Industrial Revolution and are nationally significant historical
resources, including the five-and-six tenths-mile power canal
system, seven original mill complexes, and significant examples of
early housing, commercial structures, transportation facilities,
and buildings associated with labor and social institutions; and
(4) despite the expenditure of substantial amount of money by
the city of Lowell and the Commonwealth of Massachusetts for
historical and cultural preservation and interpretation in Lowell,
the early buildings and other structures in Lowell may be lost
without the assistance of the Federal Government.
(b) It is the purpose of this Act to preserve and interpret
the nationally significant historical and cultural sites,
structures, and districts in Lowell, Massachusetts, for the
benefit and inspiration of present and future generations by
implementing to the extent practicable the recommendations in the
report of the Lowell Historic Canal District Commission.
DEFINITIONS
Sec. 2. For purposes of this Act--,
// 16 USC 410cc-1. //
(1) the term "park" means the Lowell National Historical Park,
established by section 101(a)(1) of this Act;
(2) the term "preservation district" means the Lowell
Historical Preservation District, established by section 101(a)(
1) of this Act;
(3) the term " Commission" means the Lowell Historic
Preservation Commission established by section 301(a) of this Act;
(4) the term " Secretary" means the Secretary of the Interior;
and
(5) the term "report of the Lowell Historic Canal District
Commission" means the report submitted to the Congress by the
Lowell Historic Canal District Commission pursuant to an Act
entitled " N Act to provide for a plan for the preservation,
interpretation development and use of the historic, cultural, and
architectural resources of the Lowell Historic Canal District in
Lowell, Massachusetts, and for other purposes", approved January
4, 1975 (88 Stat. 2330).
// 16 USC. 461 //
TITLE I--ESTABLISHMENT OF PARK AND
PRESERVATION DISTRICT
Sec. 101. (a)(1) To carry out the purpose of this Act, // 16 USC
410cc--11. // there is established as a unit of the National Park
System in the city of Lowell, Massachusetts, the Lowell National
Historical Park. There is further established in an area adjacent to
the park the Lowell Historic Preservation District, which will be
administered by the Secretary and by the Commission in accordance with
this Act. The boundaries of the park and preservation district shall be
the boundaries depicted on the map entitled " Lowell National Historical
Park, Massachusetts", dated March 1978, and numbered " Lowe--80,008 A".
Such map shall be on file and available for inspection in the office of
the National Park Service, Department of the Interior, and in the office
of the city clerk, city of Lowell.
(2) The Secretary shall publish in the Federal Retister, as soon as
practicable after the date of the enactment of this Act, a detailed
description and map of the boundaries established under paragraph (1) of
this subsection.
(b) The Secretary may make minor revisions of the park and
preservation district boundaries established under subsection (a)(1) of
this section, after consulting with the Commission and the city manager
of Lowell, by publication of a revised drawing or other boundary
description in the Federal Register; but no waters, lands, or other
property outside of the park or preservation district boundaries
established under such subsection may be added to the park or
preservation district without the consent of the city manager of Lowell
and the city council of Lowell. A boundary revision made under this
subsection shall be effective only after timely notice in writing is
given to the Congress.
SEC. 102. (a) Any Federal entity conducting or supporting activities
directly affecting the park or preservation district shall--,
(1) consult with, cooperate with, and to the maximum extent
practicable, coordinate its activities with the Secretary and with
the Commission; and
(2) conduct or support such activities in a manner which (A) to
the maximum extent practicable is consistent with the standards
and criteria established pursuant to section 302(e) of this Act,
and (B) will not have an adverse effect on the resources of the
park or preservation district.
(b) No Federal entity may issue any license or permit to any
person to conduct an activity within the park or preservation
district unless such entity determines that the proposed activity will
be conducted in a manner consistent with the standards and criteria
established pursuant to section 302(e) of this Act and will not have an
adverse effect on the resources of the park or preservation district.
Sec. 103. (a) There are authorized to be appropriated such sums as
may be necessary to carry out this Act, // 16 USC 410cc--13. // except
that--,
(1) the total of the amounts authorized to be appropriated for
the purpose of acquisition and development under the park
management plan established pursuant to section 201(b) of this Act
and emergency assistance under section 205(a)(1) of this Act shall
not exceed $18,500,000; and
(2) the total of the amounts authorized to be appropriated for
the purpose of carrying out section 302(b)(2) of this Act, for the
payment of grants and loans under section 303 of this Act, for the
acquisition of property under section 304 of this Act, and for
carrying out any transportation program and any educational and
cultural program described in section 302(c) of this Act shall not
exceed $21,500,000.
(b) No funds shall be authorized pursuant to this section prior
to October 1, 1978.
(c) Funds appropriated under subsection (a) of this section
shall remain available until expended.
(d)(1) Within 60 days after the date of the enactment of this
Act, and on each subsequent October 1 and March 1, the Secretary
shall submit to the Congress a statement certifying the aggregate
amount of money expended by the Commonwealth of Massachusetts, the
city of Lowell, and by any nonprofit entity for activities in the
city of Lowell consistent with the purpose of this Act during the
period beginning on January 1, 1974, and ending on the date such
statement is submitted.
(2) The aggregate amount of funds made available by the
Secretary to the Commission from funds appropriated under
subsection (a) (2) of this section may not exceed the amount
certified by the Secretary in the most recent statement submitted
to the Congress under paragraph (1) of this subsection.
SPENDING LIMITATIONS
Sec. 104. Notwithstanding any other provision of this Act,
// 16 USC 410cc--14. //
no authority to enter into agreements or to make payments under
this Act shall be effective except to the extent, or in such
amounts, as may be provided in advance in appropriation Acts.
Sec. 201. (a) The Secretary shall submit a statement to the
Congress, within two years after the date on which funds are made
available to carry out this Act, // 16 USC 410cc--21. // which--,
(1) reports on the progress that the Secretary has made in
acquiring the properties identified under section 202 of this Act,
and describes the way the Secretary intends to use these
properties;
(2) identifies the properties within the park and preservation
district respecting which the Secretary has entered into or
intends to enter into agreements relating to interpretive exhibits
or programs under section 203(a) of this Act;
(3)(A) reports on the progress of the Secretary in leasing a
portion of the Lowell Manufacturing Company, located on Market
Street, for the purpose of establishing a visitors' center in
close proximity to parking and other transportation facilities,
and (B) identifies any other property within the park which the
Secretary has leased or intends to lease for purposes of the park:
(4) reports any other activities which the Secretary has taken
or intends to take to carry out the purpose of this Act; and
(5) contains a tentative budget for the park and preservation
district for the subsequent five fiscal years.
(b)(1) Not later than three years after the date on which funds are
made available to carry out this Act, the Secretary shall establish and
submit to the Congress a park management plan containing the information
described in subsection (a) of this section. Such plan shall, upon
request, be available to the public.
(2) After consulting with the Commission, the city manager of Lowell,
and the Commonwealth of Massachusetts, the Secretary may make revisions
in the park management plan established pursuant to paragraph (1) of
this subsection by publication of such revisions in the Federal
Register. A revision made under this paragraph shall be effective 90
days after written notice of the revision is submitted to the Congress.
Sec. 202. (a)(1) The Secretary is authorized to acquire the
properties designated in paragraph (2) of this subsection, // 16 USC
410cc--22. // or any interest therein, by donation, purchase with
donated or appropriated funds, condemnation, or otherwise. Any property
or interest therein owned by the Commonwealth of Massachusetts or any
political subdivision thereof may be acquired only by donation. The
Secretary may initiate condemnation proceedings under this paragraph
only after making every reasonable effort to acquire property through
negotiations and purchase, and consulting with the Commission (if
established) and the city council of Lowell.
(2) The properties referred to in paragraph (1) of this subsection
are the following:
(A) The Linus Childs House, 63 Kirk Street.
(B) The H and H Paper Company (commonly referred to as Boott
Mill Boarding House), 42 French Street.
(C) Old City Hall, 226 Merrimack Street.
(D) Merrimack Gatehouse, 269 Merrimack Street.
(E) The Wannalancit Textile Company, 562 Suffolk Street.
(F) The structures containing the Jade Pagoda and Solomon's
Yard Goods, 210 and 200 Merrimack Street.
(b) Until the date on which the Commission conducts its first
meeting, the Secretary may acquire any property within the park or
preservation district not designated in subsection (a)(2) of this
section, or any interest therein, if such property--,
(1) is identified in the report of the Lowell Historical Canal
District Commission as a property which should be preserved,
restored, managed, developed, or maintained in a manner consistent
with the purpose of this Act;
(2) is listed in the National Register of Historic Places, as
maintained by the Secretary pursuant to section 101 (a) of the Act
entitled " An Act to establish a program for the preservation of
additional historic properties throughout the Nation, and for
other purposes", approved October 15, 1966 (16 U.S.C. 470a), and
section 2(b) of the Act entitled " An Act to provide for the
preservation of historic American sites, buildings, objects, and
antiquities of national significance, and for other purposes",
approved August 21, 1935 (16 U.S.C. 462); or
(3) is determined by the Secretary to be of national
significance; and would be subject to demolition or major
alteration in a manner inconsistent with the purposes of this Act
unless acquired by the Secretary. Such property may be acquired
only as provided in subsection (a)(1) of this section.
(c) The Secretary may acquire easements within the park for the
purpose of carrying out this Act. Such easements may be acquired
only as provided in subsection (a)(1) of this section.
Sec. 203. (a) The Secretary may enter into agreements with any owner
of property with national historic or cultural significance within the
park to provide for interpretive exhibits or programs. Such agreements
shall provide, whenever appropriate, that--,
(1) the public may have access to such property at specified,
reasonable times for purposes of viewing such property or the
exhibits or attending the programs established by the Secretary
under this subsection; and
(2) the Secretary may make such minor improvements to such
property as the Secretary deems necessary to enhance the public
use and enjoyment of such property, exhibits, and programs.
(b)(1) The Secretary shall provide, upon request, technical
assistance to--,
(A) the city of Lowell to assist the city in establishing
regulations or laws consistent with the standards and criteria
established pursuant to section 302(e) of this Act; and
(B) the Commission to assist the Commission in establishing the
index and the standards and criteria required by section 302 of
this Act.
(2) The Secretary may provide to any owner of property within the
park or preservation district, the Commission, the Commonwealth of
Massachusetts, the city of Lowell, and any other Federal entity or any
institution such technical assistance as the Secretary considers
appropriate to carry out the purpose of this Act.
Sec. 204. The Secretary may refuse to obligate or expend any money
appropriated for the purposes described in section 103(a)(1) of this Act
or section 103(a)(2) of this Act if the Secretary determines that--,
(a) the city of Lowell has failed to establish regulations or
laws consistent with the standards and criteria established
pursuant to section 302(e) of this Act within one year after the
date such standards and criteria have been established, except
that the Secretary may extend such one-year period for not more
than six months if the Secretary determines that the city has made
a good fatih effort to establish such regulations or laws;
(b) the city of Lowell has failed to notify the Commission of
(1) applications for building permits or zoning variances
respecting any property which is included in the index established
pursuant to section 302(d) of this Act, or (2) any proposals of
the city of Lowell to change the regulations or laws described in
paragraph (c)(1) of this subsection;
(c)(1) during the period before the city of Lowell has
established regulations or laws consistent with the standards and
criteria established pursuant to section 302 (e) of this Act, the
city of Lowell has granted any building permit or zoning variance
or has taken any other action respecting any property within the
park or preservation district, which either the Secretary or the
Commission consider to be inconsistent with such standards and
criteria;
(2) after the city of Lowell has established the regulations or
laws described in subparagraph (1) of this paragraph, the city of
Lowell has granted any building permit or zoning variance or has
taken any other action respecting any property within the park or
preservation district, which either the Secretary or the
Commission consider to be inconsistent with such regulations or
laws; or
(d) the Commission has not made good faith efforts to (1)
provide for the preservation, restoration, management,
development, or maintenance of property within the park and
preservation district or (2) carry out the park preservation plan
approved under section 302 of this Act.
Sec. 205. (a)(1) The Secretary, acting through the National Park
Service, shall take appropriate actions to implement to the extent
practicable the park management plan established pursuant to section
201(b) of this Act. In carrying out such plan, the Secretary shall
administer the park in accordance with laws, rules, and regulations
applicable to the national park system. Before the date on which the
Commission conducts its first meeting, the Secretary may take any other
action the Secretary deems necessary to provide owners of property with
national historic or cultural significance within the park or
preservation district with emergency assistance for the purpose of
preserving and protecting their property in a manner consistent with the
purpose of this Act.
(2) Subject to sections 204 and 302(b) of this Act, the Secretary
shall make available to the Commission any funds appropriated under
section 103(a)(2) of this Act for the purpose of carrying out title III
of this Act.
(b) Notwithstanding any other provisions of law, the Secretary may
accept donations of funds, property, or services from individuals,
foundations, corporations, and other private entities, and from public
entities, for the purpose of implementing the park management plan.
(c) The Secretary may sponsor or coordinate within the park and
preservation district such educational or cultural programs as the
Secretary considers appropriate to encourage appreciation of the
resources of the park and preservation district.
(d) The Secretary may acquire such leases respecting property within
the park as may be necessary to carry out the purpose of this Act.
Sec. 301. (a) There is established within the Department of the
Interior a commission to be known as the Lowell Historic Preservation
Commission which shall administer the preservation district and provide
certain services within the park in accordance with this title. The
Commission shall consist of fifteen members appointed by the Secretary
as follows:
(1) Three members who are members of the city council of
Lowell, appointed from recommendations made by the mayor of
Lowell.
(2) Three members appointed from recommendations made by the
city manager of Lowell of persons who are representative of
organized labor, the business community, local neighborhoods, and
cultural institutions, and who are not elected officials.
(3) One member appointed from recommendations made by the
president of the University of Lowell.
(4) Three members appointed from recommendations made by the
Governor of the Commonwealth of Massachusetts.
(5) One member appointed from recommendations made by the
Secretary of Commerce and who shall be an employee of the
Department of Commerce.
(6) One member appointed from recommendations made by the
Secretary of Transportation and who shall be an employee of the
Department of Transportation.
(7) One member appointed from recommendations made by the
Secretary of Housing and Urban Development and who shall be an
employee of the Department of Housing and Urban Development.
(8) Two members who are qualified to serve on the Commission
because of their familiarity with programs of the Department of
the Interior involving national parks and historic preservation
and who shall be an employee of the Department of the Interior.
(b) If any member of the Commission who was appointed to the
Commission under paragraph (1) or (4) of subsection (a) of this section
as member of the city council of Lowell or any other government leaves
that office, or if any member of the Commission who was appointed from
persons who are not elected officials of any government becomes an
elected official of a government, such person may continue as a member
of the Commission for not longer than the thirty-day period beginning on
the date such person leaves that office or becomes such an elected
official, as the case may be.
(c)(1) Except as provided in paragraph (2) of this subsection,
members shall be appointed for terms of two years. A member may be
reappointed only three times unless such member was originally appointed
to fill a vacancy pursuant to subsection (e)(1) of this section, in
which case such member may be reappointed four times.
(2) Of the members first appointed pursuant to subsection (a) of this
section, the following shall be appointed for terms of three years:
(A) The members appointed pursuant to paragraphs (2), (3), and
(8) of such subsection.
(B) One of the members appointed pursuant to paragraph (4) of
such subsection, as designated by the Secretary at the time of
appointment upon recommendation of the Governor. (d) The chairman
of the Commission shall be elected by the
members of the Commission. The term of the chairman shall be two
years.
(e)(1) Any vacancy in the Commission shall be filled in the same
manner in which the original appointment was made.
(2) Any member appointed to fill a vacancy shall serve for the
remainder of the term for which his predecessor was appointed. Any
member may serve after the expiration of his term for a period not
longer than thirty days.
(f) Eight members of the Commission shall constitute a quorum, but a
lesser number may hold hearings.
(g) The Commission shall meet at least once each month, at the call
of the chairman or a majority of its members.
(h)(1) Except as provided in paragraph (2) of this subsection,
members of the Commission shall each be entitled to receive $100 for
each day (including travel time) during which they are engaged in the
performance of the duties of the Commission.
(2) Members of the Commission who are full-time officers or employees
of the United States, the city of Lowell, or the Commonwealth of
Massachusetts shall receive no additional pay on account of their
service on the Commission.
(3) While away from their homes or regular places of business in the
performance of services for the Commission, members of the Commission
shall be allowed travel expenses, including per diem in lieu of
subsistence, in the same manner as persons employed intermittently in
the Government service are allowed expenses under section 5703 of title
5 of the United States Code.
(i) The Commission established pursuant to this Act, shall cease to
exist ten years from the date of enactment of this Act.
Sec. 302. (a)(1) Within one year after the date on which the
Commission conducts its first meeting, the Commission shall submit to
the Secretary a draft park preservation plan meeting the requirements of
subsection (c) of this section. The Secretary shall review the draft
park preservation plan and, within ninety days after the date on which
such plan is submitted to the Secretary, suggest appropriate changes in
such plan to the Commission.
(2) Within eighteen months after the date on which the Commission
conducts its first meeting, the Commission shall submit to the Secretary
a park preservation plan which meets the requirements of subsection (c)
of this section. The Secretary shall, within ninety days after the date
on which such plan is submitted to the Secretary, approve or disapprove
such plan. The Secretary may not approve such plan unless the Secretary
determines that such plan would adequately carry out the purpose of this
Act.
(3) If the Secretary disapproves a park preservation plan, the
Secretary shall advise the Commission of the reasons for such
disapproval together with the recommendations of the Secretary for
revision of such plan. Within such period as the Secretary may
designate, the Commission shall submit a revised park preservation plan
to the Secretary. The Secretary shall approve or disapprove any revised
park preservation plan in the same manner as required in paragraph (2)
of this subsection for the approval or disapproval of the original park
preservation plan.
(4) If the Secretary approves a park preservation plan, the Secretary
shall publish notice of such approval in the Federal Register and shall
forward copies of the approved plan to the Congress.
(5) Any park preservation plan or draft plan submitted to the
Secretary under this subsection shall, upon request, be abailable to the
public.
(6) No changes other than minor revisions may be made in the approved
park preservation plan without the approval of the Secretary. The
Secretary shall approve or disapprove any proposed change in the
approved park preservation plan, except minor revisions in the same
manner as required in paragraph (2) of this subsection for the approval
or disapproval of the original park preservation plan.
(b)(1) Except as provided in paragraph (2) of this subsection, the
Secretary shall not make any funds available to the Commission to carry
out section 303 or 304 of this Act until a park preservation plan has
been approved under subsection (a) of this section.
(2) Before a park preservation planis approved under subsection (a)
of this section, the Secretary may make available to the Commission such
funds as the Commission may request to carry out any activity specified
in paragraph (3) of this section. However, no funds shall be made
available under this paragraph unless a proposal describing such
activity is reviewed and approved by the Secretary.
(3) The Commission may request funds from the Secretary to--,
(A) carry out activities to preserve, restore, manage, develop,
or maintain any property identified in subsection (c)(1) of this
section;
(B) take any action the Commission considers necessary to
provide owners of property with national historical or cultural
significance within the park or preservation district with
emergency assistance for the purpose of preserving and protecting
their property in a manner consistent with the purpose of this
Act; or
(C) acquire in accordance with section 304 of this Act, any
property within the park which--,
(i) is identified in the report of the Lowell Historic Canal
District Commission as a property which should be preserved,
restored, managed, developed, or maintained in a manner consistent
with the purpose of this Act;
(ii) is listed in the National Register of Historic Places, as
maintained by the Secretary pursuant to section 101 (a) of the Act
entitled " An Act to establish a program for the preservation of
additional historic properties throughout the Nation, and for
other purposes", approved October 15, 1966 (16 U.S.C. 470a), and
section 2(b) of the Act entitles An Act to provide for the
preservation of historic American sites, buildings, objects, and
antiquities of national significance, and for other purposes",
approved August 21, 1935 (16 U.S.C. 462); or
(iii) is determined by the Secretary to be of national
significance;
and would be subject to demolition or major alteration in a manner
inconsistent with the purpose of this Act unless acquired by the
Commission.
(c) Any plan submitted to the Secretary under subsection (a) of this
section shall--,
(1) describe the manner in which the Commission, to the extent
practicable in accordance with the recommendations in the report
of the Lowell Historic Canal District Commission, proposes to
provide for the preservation, restoration, management,
development, or maintenance of--,
Street;
(2) identify the properties included in the index established
pursuant to subsection (d) of this section;
(3) identify the properties which the Commission intends to acquire
under section 304 of this Act and specify how such properties shall be
used;
(4) include the standards and criteria established pursuant to
subsection (e) of this section;
(5) provide a detailed description of the manner in which the
Commission intends to implement the grant and loan programs under
section 303 of this Act, including information relating to the estimated
amount of such grants and the manner in which such grants shall be
awarded by the Commission;
(6) provide for a transportation program by which the Commission
shall provide, directly or by agreement with any person or any public or
private entity transportation services and facilities for park and
preservation district visitors, including barge equipment, docking
facilities, and local rail facilities;
(7) provide for educational and cultural programs to encourage
appreciation of the resources of the park and preservation district;
and
(8) include a tentative budget for the subsequent five fiscal years.
(d) The Commission shall establish, within one year after the date on
which the Commission conducts its first meeting, an index which
includes--,
(1) any property in the park or preservation district (except for any
property identified in section 201(a)(2) of this Act) which should be
preserved; restored, managed, developed, maintained, or acquired by the
Commission because of its national historic or cultural significance;
and
(2) any property which should be preserved, restored, managed,
developed, or maintained in a manner compatible with the purpose of this
Act because of its proximity to (A) any property referred to in
paragraph (1) of this subsection, or (B) any property designated in
section 201 (a)(2) of this Act.
The index may be modified only by a majority vote of the members of
the Commission, taken when a quorum is present.
(e)(1) The Commission shall establish standards and criteria
applicable to the construction, preservation, restoration, alteration,
and use of all properties within the preservation district with the
advice of the Commonwealth of Massachusetts and of the Secretary, and
the consent of the city manager of Lowell.
(2) The Commission shall establish the standards and criteria
described in paragraph (1) of this subsection for any property within
the park with the advice of the Commonwealth of Massachusetts and the
city manager of Lowell and subject to the review and approval of the
Secretary.
(3) The Commission shall establish standards and criteria under
paragraphs (1) and (2) of this subsection within one year after the date
on which the Commission conducts its first meeting. Such standards and
criteria may be revised in the same manner in which they were originally
established.
(4) The Secretary shall publish the standards and criteria
established under paragraphs (1) and (2) of this subsection, and any
revisions thereof, in the Federal Register.
Sec. 303. (a) The Commission may make loans to the Lowell
Development and Financial Corporation (established under chapter 844
of the Massachusetts General Laws and hereinafter referred to as the
"corporation") to enable the corporation to provide low interest loans
for the preservation, restoration, or development of any property
described in section 302(d)(1) of this Act. The Commission may make any
such loan to the corporation only after entering into a loan agreement
with the corporation which includes the following terms:
(1) The loan to the corporation shall have a maturity of
thirty-five years. At the end of such period, the corporation
shall repay to the Secretary of the Treasury (in a lump sum) for
deposit in the general fund of the Treasury the full amount of the
loan and any additional amounts accruing to the corporation
pursuant to this subsection excepting those amounts expended by
the corporation for reasonable administrative expenses.
(2) The money received from the Commission, and any
interest earned on such money, may be obligated by the
corporation only for low interest loans made under paragraphs (6)
and (7) of this subsection, except that the corporation may use
such money to the extent the Commission considers reasonable to
satisfy the cost of the corporation in administering the loan or
procuring loan guarantees or insurance.
(3) Within five years after receiving the loan from the
Commission, the corporation shall make loans under paragraphs (6)
and (7) of this subsection which, in the aggregate, obligate the
full amount of money received from the Commission (minus any
amount required to satisfy the costs described in paragraph (2) of
this subsection).
(4) As loans made under paragraphs (6) and (7) of this
subsection are repaid, the corporation shall make additional loans
under such paragraphs with the money made available for obligation
by such repayments.
(5) The corporation shall make available to the Commission and
to the Secretary, upon request, all acounts, financial records,
and other information related to loans made under paragraphs (6)
and (7) of this subsection.
(6) Before the corporation approves any application for a low
interest loan for which money has been made available to the
corporation by the Commission, the corporation shall require the
prospective borrower to furnish the corporation with a statement
from the Commission stating that the Commission has reviewed the
application and has determined that any loan received by the
prospective borrower will be spent in a manner consistent with--,
(A) the standards and criteria established pursuant to section
302 (e) of this Act, and
(B) the goals of the park preservation plan approved under
section 302(a) of this Act.
(7) The corporation may approve any application for a low
interest loan which meets the terms and conditions prescribed by
the corporation with the approval of the Commission and for which
money has been made available to the corporation by the Commission
if--,
(A) the prospective borrower furnishes the corporation with the
statment described in paragraph (6) of this subsection;
(B) the corporation determines that such borrower has
sufficient financial resources to repay the loan; and
(C) such borrower satisfies any other applicable credit
criteria established by the corporation.
In order to determine whether the corporation has complied with this
subsection, the Commission, or such other appropriate person or entity
as the Commission may designate, shall conduct an audit at least once
every two years of all accounts, financial records, and other
information related to loans made under paragraphs (6) and (7) of this
subsection. If the Commission determines, after conducting a hearing on
the record, that the corporation has substantially failed to comply with
this subsection, the outstanding balance of any loan made to the
corporation under this subsection shall become payable in full upon the
demand of the Commission.
(b)(1) The Commission may make grants to owners of property described
in section 302 (d)(1) of this Act for the preservation, restoration,
management, development, or maintenance of such property in a manner
consistent with the standards and criteria established pursuant to
section 302 (e) of this Act.
(2) The Commission, with the approval of the Secretary, may make
grants to any person or any public or private entity to provide for (i)
educational and cultural programs which encourage appreciation of the
resources of the park and preservation district, or (ii) any planning,
transportation, maintenance, or other services the Commission considers
necessary to carry out the purposes of the Act.
(3) Grants under this subsection shall be made under agreements which
specify the amount of the grant, the installments (if any) by which the
grant shall be paid to the grant recipient, the purpose for which the
grant may be used, and any other condition the Commission considers
appropriate. The Commission shall be entitled, under the terms of any
grant agreement, to recover from the recipient any funds used in a
manner inconsistent with such grant agreement.
(c) The Commission with the advice of the Secretary may provide
technical assistance to--,
(1) owners of property within the park or preservation
district to assist such owners in (A) making repairs to or
improvements in any property included in the index established
pursuant to section 302(d) of this Act, or (B) applying for loans
unde subsection (a) of this section; and
(2) any other person or public or private entity to assist
such person or entity in taking actions consistent with the
purpose of the Acts.
(d) The Commisssion shall make available to the Secretary, upon
request, all accounts, financial records, and other information of the
Commission relating to grants and loans made under this section.
(e) The Secretary shall make an annual report to the Congress
describing the loans, grants, and technical assistance provided under
this section and under section 203 of this Act. Such report shall
specify the amount, recipient, and purpose of any loan, grant or
technical assistance so provided and contain such additional information
as the Secretary considers appropriate.
Sec. 304. (a)(1) The Commission may acquire any property designated
in paragraph (3) of this subsection, any property described in section
302(d)(1) of this Act, or any interest therein, by donation, by purchase
with donated or appropriated funds, or by condemnation in accordaance
with paragraph (2) of this subsection.
(2) Only properties within the park or property designated in
paragraph (3) of this subsection may be acquired by the Commision by
condemnation. The Commission may initiate condemnation proceedings only
after making every reasonable effort to acquire any such property
through negotiations and purchase and consulting with the city council
of Lowell. No lands or interests therein may be acquired by the
Commission by condemnation without the approval of the Secretary.
(3) The Commission may acquire in accordance with paragraph (1) of
this subsection the following properties, or any interest therein:
(A) World Furniture Building, 125 Central Street; and
(B) The Martin Building, 102 - 122 Central Street.
(b) The Commission, with the approval of the Secretary, may sell or
lease any property which it acquires under subsection (a) of this
section subject to such deed restrictions or other conditions as the
Commission deems appropriate to carry out the purpose of this Act.
(c) Pursuant to a written agreement between the Commission and the
Commonwealth of Massachusetts, the Commission, with the approval of the
Secretary, may sell, donate, lease, or in any other manner the
Commission and the Secretary deem appropriate make available to the
Commonwealth any property which the Commission has acquired under
subsection (a) of this section in order to provide for the
administration or maintenance of such property by the Commonwealth in a
manner consistent with the purpose of this Act.
Sec. 305. (a) The Commission may for the purpose of carrying out this
Act // 140cc--35. // hold such hearings, sit and act at such times and
places, take such testimony, and receive such evidence, as the
Commission may deem advisable. The Commission may administer oaths or
affirmations to witnesses appearing before it.
(b) When so authorized by the Commission, any member or agent of the
Commission may take any action which the Commission is authorized to
take by this section.
(c) Subject to section 552a of title 5, United States Code, the
Commission may secure directly from any department or agency of the
United States information necessary to enable it to carry out this Act.
Upon request of the chairman of the Commission, the head of such
department or agency shall furnish such information to the Commission.
(d) Notwithstanding any other provision of law, the Commission may
seek and accept donations of funds, property, or services from
individuals, foundations, corporations, and other private entities, and
from public entities, for the purpose of carrying out its duties.
(e) The Commission may use its funds to obtain money from any source
under any program or law requiring the recipient of such money to make a
contribution in order to receive such money.
(f) The Commission may use the United States mails in the same manner
and upon the same conditions as other departments and agencies of the
United States.
(g) The Commission may obtain by purchase, rental , donation, or
otherwise, such property, facilities, and services as may be needed to
carry out its duties. Any acquisition of property by the Commission
shall be in accordance with section 304 of this Act: Provided, however,
That The Commission may not acquire lands or interests therin pursuant
to this subsection by condemnation. Upon the termination of the
Commission, all property, personal and real, and unexpended funds shall
be transferred to the Department of the Interior.
Sec. 306. (a) The Commission shall have a Director who shall be
appointed by the Commission and who shall be paid at a rate not to
exceed the rate of pay payable for grade GS--15 of the General Schedule.
(b) The Commission may appoint and fix the pay of such additional
personnel as the Commission deems desirable.
(c) The Director and staff of the Commission may be appointed without
regard to the provisions of title 5, United States Code, governing
appointments in the competitive service, and may be paid without regard
to the provisions of chapter 51, // 5 USC 5101 // and subchapter III of
chapter 53 // 5 USC 5331. // of such title relating to classification
and General Schedule pay rates, except that no individual so appointed
may receive pay in excess of the annual rate of basic pay payable for
grade GS--15 of the General Schedule.
(d) Subject to such rules as may be adopted by the Commission, the
Commission may procure temporary and intermittent services to the same
extent as is authorized by section 3109 (b) of title 5, United States
Code, but at rates determined by the Commission to be reasonable.
(e)(1) Upon request of the Commission, the head of any Federal agency
represented by members on the Commission may detail, on a reimbursable
basis, any of the personnel of such agency to the Commission to assist
it in carrying out its duties under this Act.
(2) The Administrator of the General Services Administration shall
provide to the Commission on a reimbursable basis such administrative
support services as the Commission may request.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 1023 (Comm. on Interior and Insular Affairs).
SENATE REPORT No. 95 - 813 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 124 (1978):
Apr. 3, considered and failed passage in House.
Apr. 11, considered and passed House.
May 18, considered and passed Senate, amended.
May 23, House concurred in Senate amendments.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 14, No. 23:
June 5, Presidential statement.
PUBLIC LAW 95-289, 92 STAT. 289
95 TH CONGRESS, S. 2370
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 4 of the
Volunteers in the National Forests Act of 1972 (16 U.S.C. 558d) is
amended by striking out ",but not more than $100,000 shall br
appropriated in any one year".
Sec. 2. The amendment made by this Act // 16 USC 558d // to the
Volunteers in the National Forests Act of 1972 shall become effective
October 1, 1978.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 1180 (Comm. on Agriculture).
SENATE REPORT No. 95 - 671 (Comm. on Agriculture, Nutrition, and
Forestry).
Congressional Record, Vol. 124 (1978):
Mar. 8, considered and passed Senate.
May 22, considered and passed House.
PUBLIC LAW 95-288, 92 STAT. 281
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for the District of Columbia for the fiscal year ending
September 30, 1978, and for other purposes, namely:
For salaries and expenses necessary to carry out the provisions of
the Act creating the Temporary Commission on Financial Oversight of the
District of Columbia (Public Law 94 - 399), $3,000,000, which shall be
available until expended: Provided, That the Temporary Commission on
Financial Oversight of the District of Columbia shall have the power to
appoint, fix the compensation of, and remove an Executive Director and
additional staff members without regard to chapter 51, subchapters III
and VI of chapter 53, and chapter 75 of title 5, United States Code, and
those provisions of such title relating to the appointment in the
competitive service. The Executive Director may be paid compensation at
a rate not to exceed the rate prescribed for level IV of the Federal
Executive Salary Schedule.
For payment to the District of Columbia for the fiscal year ending
September 30, 1978, $276,000,000, as authorized by the District of
Columbia Self-Government and Governmental Reorganization Act, Public Law
93 - 198, as amended (D.C. Code 47 - 2501d); and $28,116,000 in lieu of
reimbursements for charges for water and water services and sanitary
sewer services furnished to facilities of the United States Government
as authorized by the Act of May 18, 1954, as amended (D.C. Code 43 -
1541 and 1611); Provided, That notwithstanding any other provision of
law, the Mayor is authorized to request, within the limit of
appropriations made therefore in this title, payment in lieu of
reimbursements for water and water services and sanitary sewer services
furnished to facilities of the United States Government prior to October
1, 1977, and to be furnished in the fiscal year beginning October 1,
1977, and the Secretary of the Treasury is authorized to pay to the
District of Columbia on October 1, 1977, such sums as the Mayor may
certify are required to furnish such services.
For loans to the District of Columbia, as authorized by the District
of Columbia Self-Government and Governmental Reorganization Act, Public
Law 93 - 198; the District of Columbia Appropriation Act, 1976, Public
Law 94 - 333; and the District of Columbia Appropriation Act, 1977,
Public Law 94 - 446; $92,000,000, which together with balances of
previous appropriations for this purpose, shall remain available until
expended and be advanced upon request of the Mayor.
The following amounts are appropriated for the District of Columbia
for the current fiscal year out of the general fund of the District of
Columbia, except as otherwise specifically provided:
General operating expenses, $90,862,600, of which $799,300 shall be
payable from the revenue sharing trust fund: Provided, That not to
exceed $2,500 for the Mayor and $2,500 for the Chairman of the Council
of the District of Columbia shall be available from this appropriation
for expenditures for official purposes: Provided further, That, for the
purpose of assessing and reassessing real property in the District of
Columbia, $5,000 of this appropriation shall be available for services
as authorized by 5 U.S.C. 3109, but at rates for individuals not in
excess of $100 per diem: Provided further, That not to exceed $7,500 of
this appropriation shall be available for test borings and soil
investigations: Provided further, That $5,838,600 of this appropriation
(to remain available until expended) shall be available solely for
District of Columbia employees' disability compensation: Provided
further, That not to exceed $325,000 of this appropriation shall be
available for settlement of property damage claims not in excess of
$1,500 each and personal injury claims not in excess of $5,000 each:
Provided further, That not to exceed $50,000 of any appropriations
available to the District of Columbia may be used to match financial
contributions from the Department of Defense to the District of Columbia
Office of Emergency Preparedness for the purchase of civil defense
equipment and supplies approved by the Department of Defense, when
authorized by the Mayor: Provided further, That $3,000,000 of this
appropriation (to remain available until expended) shall be for the
District of Columbia's contribution toward the expenses of the Temporary
Commission on Financial Oversight of the District of Columbia, as
authorized by Public Law 94 - 399, September 4, 1976: Provided further,
That funds appropriated in fiscal year 1977 as the District of
Columbia's contribution toward the expenses of the Temporary Commission
on Financial Oversight of the District of Columbia shall remain
available until expended.
For an additional amount for " General operating expenses", fiscal
year 1977, $625,100: Provided, That obligational authority of
$1,279,070 is authorized for expenditures incurred in the fiscal year
ending June 30, 1976, and the period July 1, 1976 through September 30,
1976, for disability compensation payments as required by 5 U.S.C.
8139: Provided further, That obligational authority of $449,500 is
authorized for expenditures incurred in the fiscal year ending June 30,
1976, and $737,600 for the period July 1, 1976 through September 30,
1976, for unemployment compensation as required by the District of
Columbia Unemployment Compensation Act, approved August 28, 1935 (49
Stat. 946), as amended (title 46, ch. 3, D.C. Code, 1973 Edition).
Public safety, including purchase of two hundred and sixty-five
passenger motor vehicles for replacement only (including two hundred and
sixty for police-type use and five for fire-type use without regard to
the general purchase price limitation for the current fiscal year);
$263,771,000, of which $5,530,400 shall be payable from the revenue
sharing trust fund, and $4,000,000 shall be payable from funds to be
received under Title II, Public Works Employment Act // 42 USC 6721. //
(Public Law 94 - 369), as amended: Provided, That the Police Department
is authorized to replace not to exceed twenty-five passenger carrying
vehicles, and the Fire Department not to exceed five such vehicles
annually whenever the cost of repair to any damaged vehicle exceeds
three-fourths the cost of the replacement: Provided further, That
$700,000 of the funds appropriated for expenses under the Criminal
Justice Act of 1974 (Public Law 93 - 412) for fiscal year 1978 shall be
available for obligations incurred under that Act in fiscal year 1975,
fiscal year 1976, and fiscal year 1977: Provided further, That not to
exceed $200,000 shall be available from this appropriation for the Chief
of Police for the prevention and detection of crime: Provided further,
That $100,000 shall be available for the third party custody program.
For an additional amount for " Public safety", fiscal year 1977,
$2,151,000.
Education, including the development of national defense education
programs, $264,679,200, of which $7,722,800 shall be payable from the
revenue sharing trust fund, and $4,000,000 shall be payable from funds
to be received under Title II, Public Works Employment Act // 42 USC
6721. // (Public Law 94 - 369), as amended: Provided, That the
District of Columbia Public Schools are authorized to accept not to
exceed thirty-one motor vehicles for exclusive use in the driver
education program: Provided further, That not to exceed $1,000 for the
Superintendent of Schools and $2,000 for the President of the University
of the District of Columbia shall be available from this appropriation
for expenditures for official purposes: Provided further, That not less
than $21,814,000 of this appropriation shall be transferred to the
Teachers Retirement Fund, in accordance with the provisions of section 7
of the Act of August 7, 1946 (l0 Stat. 879, as amended; D.C. Code, sec.
31 - 727) Provided further, That not less than $5,392,000 of this
appropriation shall be used exclusively for maintenance of the public
schools.
For an additional amount for " Education", fiscal year 1977,
$2,800,000: Provided, That not less than $14,605,000 of the amount
appropriated for fiscal year 1977 shall be transferred to the Teachers'
Retirement Fund in accordance with the provisions of section 7 of the
Act of August 7, 1946 (60 Stat. 879, as amended; D.C. Code, sec. 31 -
727).
Recreation, $17,551,000, of which $208,200 shall be payable from the
revenue sharing trust fund.
Human resources, including care and treatment of indigent patients in
institutions under contracts to be made by the Director of the
Department of Human Resources, $283,462,300, of which $6,520,000 shall
be payable from the revenue sharing trust fund: Provided, That the
inpatient rate under such contracts shall not exceed $76 per diem and
the outpatient rate shall not exceed $12 per visit, and the inpatient
rate (excluding the proportionate share for repairs and construction)
for services rendered by Saint Elizabeths Hospital for patient care
shall be $25.18 per diem: Provided further, That total reimbursements
to Saint Elizabeths Hospital, including funds from title XIX of the
Social Security Act // 42 USC 1396 // shall not exceed the amount for
the fiscal year 1970: Provided further, That the hospital rates
specified herein shall not apply, beginning July 1, 1969, to services
provided to patients who are eligible for such services under the
District of Columbia plan for medical assistance under title XIX of the
Social Security Act: Provided further, That this appropriation shall be
available for the furnishing of medical assistance to individuals
sixty-five years of age or older who are residing in the District of
Columbia: Provided further, That $15,134,700 of this appropriation
shall be available for care and treatment of the mentally retarded at
Forest Haven: Provided further, That authorization is hereby provided
to the Government of the District of Columbia to fund the Special
Education tuition grants and increased bed capacity at D.C. Village out
of funds heretofore appropriated to such Government for fiscal year
1977, but not to exceed $391,000 for tuition grants and $1,095,500 for
D.C. Village.
Transportation, including rental of one passenger-carrying vehicle
for use by the Mayor and purchase of twenty passenger-carrying vehicles,
of which eleven shall be for replacement only, $59,713,900, of which
$6,262,300 shall be payable from the revenue sharing trust fund:
Provided, That this appropriation shall not be available for the
purchase of driver-training vehicles: Provided further, That $704,300
of the amount for interest payments on Metrorail revenue bonds
appropriated for fiscal year 1977 shall be available for the District of
Columbia's share of the Metrorail operating subsidy for fiscal year
1978.
For an additional amount for " Transportation", fiscal year 1977,
$1,309,100: Provided, That $968,900 of the amount appropriated for
fiscal year 1976 and $3,034,200 of the amount appropriated for the
period July 1, 1976 through September 30, 1976, for the Metrobus
operating subsidy shall be available for the District of Columbia's
share of the Metrobus operating subsidy for fiscal year 1977: Provided
further, That $428,100 of the funds available for interest payments on
Metrorail revenue bonds shall be available for the District of
Columbia's share of the Metrorail operating subsidy.
Environmental services, $68,191,900, of which $1,500,000 shall be
payable from the revenue sharing trust fund: Provided, That this
appropriation shall not be available for collecting ashes or
miscellaneous refuse from hotels and places of business or from
apartment houses with four or more apartments, or from any building or
connected group of buildings operating as a rooming or boarding house as
defined in the housing regulations of the District of Columbia.
For pay increases and related costs, to be transferred by the Mayor
of the District of Columbia to the appropriations for the fiscal year
1978 from which employees are properly payable, $65,549,400.
For an additional amount for " Personal Services", fiscal year 1978,
$435,300.
For an additional amount for " Settlement of claims and suits",
fiscal year 1977, $58,000.
For reimbursement to the United States of funds loaned in compliance
with sections 108, 217, and 402 of the Act of May 18, 1954 (68 Stat.
103, 109, and 110), as amended: section 9 of the Act of September 7,
1957 (71 Stat. 619), as amended; section 1 of the Act of June 6, 1958
(72 Stat. 183), as amended; section 4 of the Act of June 12, 1960 (74
Stat. 211), as amended; and section 723 of the District of Columbia
Self-Government and Governmental Reorganization Act (Public Law 93 -
198), as amended; the District of Columbia Appropriation Act, 1977,
Public Law 94 - 446, including interest as required thereby,
$125,668,500: Provided, That there is hereby appropriated from the
funds of the District of Columbia $9,900,000, without fiscal year
limitation, for the purposes of the sinking fund established by section
6(a) of the District of Columbia Stadium Act of 1957, as amended.
For reimbursement to the United States of funds loaned in compliance
with the Act of August 7, 1946 (60 Stat. 896), as amended, construction
projects as authorized by the Acts of April 22, 1904 (33 Stat. 244), May
18, 1954 (68 Stat. 105, 110), July 2, 1954 (68 Stat. 443) June 6, 1958
(2 Stat. 183), August 20 ,1958 (72 Stat. 686), and the Act of December
9, 1969 (83 Stat. 321); including acquistion of sites; preparation of
plans and specifications; conducting preliminary surveys; erection of
structures, including building improvement and alteration and treatment
of grounds; to remain available until expended, $129,173,400:
Provided, That none of the funds appropriated for the Washington Civic
Center shall be obligated until the Subcommittees on the District of
Columbia Appropriations of the House of Representatives and the Senate
have approved the plan submitted by the Mayor and the City Council for
the Washington Civic Center, of which $531,000 shall be available for
fiscal year 1974, $586,000 shall be available for fiscal year 1975,
$572,000 shall be available for fiscal year 1976, $158,000 shall be
available for the period July 1, 1976 through September 30, 1976, and
$653,000 shall be available for fiscal year 1977, for obligations
incurred pursuant to the Act of July 2, 1954 (68 Stat. 443): Provided,
That $13,031,400 shall be available for construction services by the
Director of the Department of General Services or by contract for
architectural engineering services, as may be determined by the Mayor,
and the funds for the use of the Director of the Department of General
Services shall be advanced to the appropriation account " Construction
Services, Department of General Services": Provided further, That the
amount appropriated to the Construction Services Fund, Department of
General Services, be limited, during the current fiscal year, to ten per
centum of appropriations for all construction projects, except for
Project Numbered 24 - 99, Permanent Improvements, for which construction
services shall be limited to twenty per centum of the appropriation:
Provided further, Notwithstanding the foregoing, all authorizations for
capital outlay projects, except those projects covered by the first
sentence of section 23(a) of the Federal-Aid Highway Act of 1968 (Public
Law 90 - 495, approved August 23, 1968), for which funds are provided by
this parpgraph, shall expire on September 30, 1979, except
authorizations for projects as to which funds have been obligated in
whole or in part prior to such date. Upon expiration of any such
project authorization the funds provided herein for such project shall
lapse: Provided further, That none of the funds appropriated for the
construction of the University of the District of Columbia shall be
obligated until the Mayor, the City Council and House and Senate
Committees on Appropriations have approved the consolidated master plan
for the construction of the University of the District of Columbia.
Sec. 201. Except as otherwise provided in this title herein, all
vouchers covering expenditures of appropriations contained in this title
shall be audited before payment by the designated certifying official
and the vouchers as approved shall be paid by checks issued by the
designated disbursing official.
Sec. 202. Whenever in this title an amount is specified within an
appropriation for particular purposes or object of expenditure, such
amount, unless otherwise specified, shall be considered as the maximum
amount which may be expended for said purpose or object rather than an
amount set apart exclusively therefor.
Sec. 203. Appropriations in this title shall be available, when
authorized or approved by the Mayor, for allowances for privately-owned
conveyances used for the performance of official duties at 13 cents per
mile but not to exceed $45 a month for each automobile and at 8 cents
per mile but not to exceed $30 a month for each motorcycle, unless
otherwise therein specifically provided, except that one hundred and
thirteen (eighteen for venereal disease investigators in the Department
of Human Resources) such automobile allowances at not more than $715
each per annum may be authorized or approved by the Mayor.
Sec. 204. Appropriations in this title shall be available for
expenses of travel and for the payment of dues of organizations
concerned with the work of the District of Columbia government, when
authorized by the Mayor.
Sec. 205. Appropriations in this title shall not be used for or in
connection with the preparation, issuance, publication, or enforcement
of any regulation or order of the Public Service Commission requiring
the installation of meters in taxicabs, or for or in connection with the
licensing of any vehicle to be operated as a taxicab except for
operation in accordance with such system of uniform zones and rates and
regulations applicable thereto as shall have been prescribed by the
Public Service Commission.
Sec. 206. Appropriations in this title shall not be available for the
payment of rates for electric current for street lighting in excess of 2
cents per kilowatt-hour for current consumed.
Sec. 207. There are hereby appropriated from the applicable funds of
the District of Columbia such sums as may be necessary for making
refunds and for the payment of judgments which have been entered against
the government of the District of Columbis: Provided, That nothing
contained in this section shall be construed as modifying or affecting
the provisions of paragraph 3, subsection (c) of section 11 of title XII
of the District of Columbia Income and Franchise Tax Act of 1947, as
amended.
Sec. 208. Appropriations in this title shall be available for the
payment of public assistance without reference to the requirement of
subsection (b) of section 5 of the District of Columbia Public
Assistance Act of 1962 and for the non-Federal share of funds necessary
to qualify for Federal assistance under the Act // 42 USC 3801. // of
July 31, 1968 (Public Law 90 - 445).
Sec. 209. No part of any appropriation contained in this title shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 210. No part of any funds appropriated by this title shall be
used to pay the compensation (whether by contract or otherwise) of any
individual for performing services as a chauffeur or driver for any
designated officer or employee of the District of Columbia government
(other than the Mayor of the District of Columbia, Chief of Police, and
Fire Chief), or for performing services as a chauffeur or driver of a
motor vehicle assigned for the personal or individual use of any such
officer or employee (other than the Mayor of the District of Columbia,
Chief of Police, and Fire Chief). No part of any funds appropriated by
this title, in excess of $1,000 per month in the aggregate ($12,000 per
annum) shall be used to pay the compensation (whether by contract or
otherwise) of individuals for performing services as a chauffeur or
driver for the Mayor of the District of Columbia, or for performing
services as a chauffeur or driver of a motor vehicle assigned for the
personal or individual use of the Mayor of the District of Columbia.
Sec. 211. Not to exceed 4 1/2 per centum of the total of all funds
appropriated by this title for personal compensation may be used to pay
the cost of overtime or temporary positions.
Sec. 212. The total expenditure of funds appropriated by this title
for authorized travel and per diem costs outside the District of
Columbia, Maryland, and Virginia shall not exceed $225,000.
Sec. 213. Appropriations in this title shall not be available, during
the fiscal year ending September 30, 1978, for the compensation of any
person appointed--
(1) as a full-time employee to a permanent, authorized position
in the government of the District of Columbia during any month
when the number of such employees is greater than 36,000; or (2)
as a temporary or part-time employee in the government of the
District of Columbia during any month in which the number of such
employees exceeds the number of such employees for the same month
of the preceding fiscal year.
Sec. 214. No funds appropriated in this title, for the government of
the District of Columbia for the operation of educational institutions,
the compensation of personnel, or for other educational purposes may be
used to permit, encourage, facilitate, or further partisan political
activities. Nothing herein is intended to prohibit the availability of
school buildings for the use of any community group during nonschool
hours.
Sec. 215. Appropriations in this title shall be available for
services as authorized by 5 U.S.C. 3109, at rates to be fixed by the
Mayor.
Sec.216. The annual budget for the District of Columbia government
for fiscal year 1979 shall be transmitted to the Congress by not later
than February 1, 1978.
This Act may be cited as the " District of Columbia appropriations
Act, 1978".
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 596 (Comm. on Appropriations).
SENATE REPORT No. 95 - 439 (Comm. on Appropriations).
CONGRESSIONAL RECORD:
Oct. 4, considered and passed Senate, amended.
report and concurred in
Senate amendments with amendments.
PUBLIC LAW 95-287, 92 STAT. 280
Whereas thiry years ago the Congress passed the Vandenberg
Resolution, which has come to represent the highest qualities of
bipartisan statesmanship; and
Whereas the North Atlantic Alliance has preserved the peace in Europe
for an entire generation, allowing its members to attain unprecedented
levels of prosperity and well-being for their people; and
Whereas the leaders of the Alliance will gather in Washington, D.C.,
on May 30 and 31, 1978, to renew their adherence to its principles and
rededicate thermselves to its objectives; and
Whereas this meeting will be the capstone of efforts to ensure that
the needs of collective security will bemet over the next decade: Now,
therefore, be it
Resolved by the Senate and the House of Representatives of the United
States of America in Congress assembled, That the North Atlantic
Alliance be reaffirmed as a vital commitment and cornerstone of United
States foreign folicy, and that the bipartisan spirit that inspired its
birth be rededicated to the purpose of strengthening it further in the
cause of peace and security.
Sec. 2. The Congress recognizes the extraordinary success of the
North Atlantic Alliance in fulfilling its goals of safeguarding the
freedom, common heritage and civilization of its peoples, founded on the
principles of democracy, individual liberty and the rule of law.
Sec. 3. On the occasion of the NATO summit meeting in Washington,
the Congress declares its support for efforts to reaffirm the unity of
the North Atlantic Alliance, to strengthen its defensive capabilities to
meet threats to the peace, and on this basis to persevere in attempts to
lessen tensions with the Warsaw Pact States.
LEGISLATIVE HISTORY:
CONGRESSIONAL RECORD, Vol. 124 (1978):
May 24, considered and passed Senate.
May 25, considered and passed House.
PUBLIC LAW 95-286, 92 STAT. 278
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Woodrow Wilson
Memorial Act of 1968 (20 U.S.C. 80e-80j) is amended--,
(1) by redesignating sections 5 through 7 as sections 6 through
8, respectively, and
(2) by inserting after section 4 the following new section:
" Sec. 5. // 20 USC 80g-1. // (a) There is hereby established in
the Center a Hubert H. Humphrey Fellowship in Social and Political
Thought.
"(b) Each year the Board shall select a distinguished scholar,
statesman, or cultural figure, from the United States or abroad, to
serve at the Center for a period of up to one year as the Hubert H.
Humphrey Fellow in Social and Political Thought (hereinafter in this
section referred to as the ' Humphrey Fellow'). Each Humphrey Fellow
shall receive compendation in an amount, determined by the Board, not to
exceed the annual income of the trust fund established under subsection
(d).
"(c) Each Humphrey Fellow shall--,
"(1) deliver a Hubert H. Humphrey Memorial Lecture; and
"(2) carry out such projects and work as are consistent with
the Humphrey Fellowship.
The Board shall provide for the publication and dissemination of the
Hubert H. Humphrey Memorial Lectures.
"(d)(1) There is hereby estabished in the Treasury of the United
States a trust fund to be known as the Hubert H. Humphrey Fellowship
Trust Fund (hereinafter in this section referred to as the 'fund') The
Secretary of the Treasury shall deposit in the fund such sums as may be
appripriated to the fund under subsection (f) ans shall receive into the
Treasury and deposit into the fund such sums as may be received as
contributions to the fund.
"(2) The Secretary of the Treasury shall invest amounts in the fund
in public debt securities with maturities suitable for the needs of the
fund and bearing interest at prevailing market rates; and the interest
on such investments shall be credited to and form a part of the fund.
"(3) Notwithstanding section 4(a)(2) any gift, bequest, or devise of
money, securities or other property for the benefit of the Hubert H.
Humphrey Fellowship in Social and Political Thought received by the
Board shall, upon receipt, be deposited into the fund as provided by
paragraph (1).
"(e) The Secretary of the Treasury shall pay to the Board from
amounts received as interest on investments under subsection (d)(2) such
sums as the Board determines are necessary and appropriate for the
purposes of the Humphrey Fellowship.
"(f) There is authorized to be appropriated to the fund for the
fiscal year beginning October 1, 1978, $1,000,000.".
Sec. 2. Section 4(a)(2) of the Woodrow Wilson Memorial Act of 1968
(20 U.S.C. 80g(a)(2)) is amended by striking out "devices" and inserting
in lieu thereof "devises".
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 1062 (Comm. on House Administration).
SENATE REPORT No. 95 - 794, accompanying S. 2730 (Comm. on Rules and
Administration).
CONGRESSIONAL RECORD, Vol. 124 (1978):
May 1, considered and failed of passage in House.
May 15, considered and passed House.
May 16, S. 2730 considered and passed Senate; proceedings
vitiated and H.R. 10392 passed in lieu.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 14, No. 22: May
30, Presidential statement.
PUBLIC LAW 95-285, 92 STAT. 277
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the lake located
behind the Lower Monumental Lock and Dam, Washington, a part of the
project authorized by the Act of March 2, 1945 (Public Law 14,
Seventy-ninth Congress, first session), // 59 STAT. 10. // in
accordance with the plan submitted in House Document Numbered 704,
Seventy-fifth Congress, third session, shall hereafter be known as Lake
Herbert G. West, and any law, regulation, document, or recordof the
United States in which such lake is designated or referred to as " Lower
Monumental Lake" or is referred to by any other name, shall beheld to
refer to such lake under and by the name of " Lake Herbert G. West".
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 1095 accompanying H.R. 10838 (Comm. on Public
Works and Transportation).
SENATE REPORT No. 95 - 721 (Comm. on Environment and Public Works).
CONGRESSIONAL RECORD, Vol. 124 (1978):
Apr. 5, considered and passed Senate.
May 15, H.R. 10838 considered and passed House; proceedings
vacated and S. 1568 passed in lieu.
PUBLIC LAW 95-284, 92 STAT. 276
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the following sums are
appropriated, out of any money in the Treasury not otherwise
appropriated, for the fiscal year ending September 30, 1978:
For an additional amount for the "disaster loan fund", $758,000,000:
Provided, That $750,000,000 of such amount shall remain available
without fiscal year limitation and $8,000,000 shall be transferred to "
Salaries and expenses".
For an additional amount for " Employment and Training Assistance,"
$63,000,000, to remain available until September 30, 1979.
PAYMENTS TO WIDOWS AND HEIRS OF DECEASED MEMBERS OF CONGRESS
For payment to Norma C. Mc Clellan, widow of John L. Mc Clellan, late
a Senator from the State of Arkansas, $57,500.
For payment to Donna H. Metcalf, widow of Lee Metcalf, late a Senator
from the State of Montana, $57,500.
For payment to Muriel Humphery, widow of Hubert H. Humphery, late the
Deputy President Pro Tempore of the Senate and a Senator from the State
of Minnesota, $65,000.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 1105 (Comm. on Appropriations).
SENATE REPORT No. 95 - 801 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 124 (1978):
May 8, considered and passed House.
May 11, considered and passed Senate, amended.
May 12, House concurred in Senate amendments.
PUBLIC LAW 95-283, 92 STAT. 249, SECURITIES INVESTORS PROTECTION ACT
AMENDMENTS OF 1978
Be it enacted by the Senate and House Of Representatives of the
United States of America in Congress assembled,
SECTION 1. This Act // 15 USC 78aaa // may be cited as the "
Securities Investor Protection Act Amendments of 1978".
Sec. 2. (a) Section 3 (a) of the Securities Protection Act of 1970
(15 U.S.C. 78ccc(a)) is amended to read as follows:
"(a) Creation and Membership. --,
"(1) Creation. --There is hereby established a body corporate
to be known as the ' Securities Investor Protection Corporation'
(hereafter in this Act referred to as ' SIPC'). SIPC shall be a
nonprofit corporation and shall have succession until dissolved by
Act of the Congress. SIPC shall--,
"(2) Membership. --,
corporation the members of which shall be all persons
registered
as brokers or dealers under section 15 (b) of the 1934
Act,
// 15 USC 78o. //
other than--,
Commission a copy of any determination made pursuant to
subparagraph (A) (i). Within thirty days after the
date of
such filing, or within such longer period as the
Commission
may designate of not more than ninety days after such
date
if it finds such longer period to be appropriate and
publishes
its reasons for so finding, the Commsission shall,
consistent
with the public interest and the purposes of this Act,
affirm,
reverse, or amend any such determination of SIPC.
that persons excluded from membership in SIPC under
subparagraph
(A) (i) may become members of SIPC under such
conditions and upon such terms as SIPC shall require by
rule,
taking into account such matters as the availability of
assets
and the ability to conduct a liquidation if necessary.
membership in SIPC under subparagraph (A) (i) shall,
as
required by the Commission by rule, make disclosures of
its
exclusion and other relevant information to the
customers
of such broker or dealer who are living in the United
States
or its territories and possessions.".
(b) Section 3(f) of such Act (15 U.S.C. 78ccc (f)) is repealed.
Sec. 3 Section 3(b) of such Act (15 U.S.C. 78ccc (b) is
amended--,
(1) in paragraph (1), by striking out "court, State, or
Federal" and inserting " State, Federal, or other court" in
lieu thereof; and
(2) by striking out paragraph (3), redesignating paragraphs (4)
through (8) as paragraphs (5) through (9), respectively, and
inserting immediately after paragraph (2) the following new
paragraphs:
"(3) to adopt, amend, and repeal, by its Board of Directors,
such bylaws as may be necessary or appropriate to carry out the
purposes of this Act, including bylaws relating to--,
"(4) to adopt, amend, and repeal, by its Board of Directors,
such rules as may be necessary or appropriate to carry out the
purposes of this Act, including reles relating to--,
Sec. 4. (a) Section 3(c) (2) (C) (ii) of such Act (15 U.S.C. 78ccc
(c) (2) (C) (ii) is amended by striking out "associated with any" and
all that follows through "group" and inserting in lieu thereof
"associated with a broker or dealer or associated with a member of a
national securities exchange, within the meaning of section 3(a) (18) or
section (3)(a) (21), respectively, of the 1934 Act, // 15 USC 78c. //
or similarly associated with any self-regulatory organization or other
securities industry group,".
(b) Section 3(c) (5) of such Act (15 U.S.C. 78ccc(c) (5)) is amended
to read as follows:
SEC. 5. Section 3(e) of such Act (15 U.S.C. 78ccc(e)) is amended to
read as follows:
"(E) Bylaws and Rules.--,
"(1) Proposed bylaw changes.--The Board of Directors of SIPC
shall file with the Commission a copy of any proposed bylaw or any
proposed amendment to or repeal of any bylaw of SIPC (hereinafter
in this paragraph collectively referred to as a proposed bylaw
change'), accompanied by a concise general statement of the basis
and purpose of such proposed bylaw change. Each such proposed
bylaw change shall take effect thirty days after the date of the
filing of a copy thereof with the Commission, or upon such later
date as SIPC may designate or such earlier date as the Commission
may determine, unless--,
"(2) Proposed rule changes.--,
filing of any proposed rule change, publish notice
thereof, together with the terms of substance of such
proposed rule change or a description of the subjects
and issues involved. The Commission
shall give
interested persons an opportunity to submit written
data,
views, and arguments with respect to such proposed rule
change. No proposed rule change shall take effect
unless
approved by the Commission or otherwise permitted in
accordance with the provisions of this paragraph.
proceedings, the
Commission
shall, by order, approve or disapporve such proposed
rule change. The Commission may extend the time for
conclusion
of such proceedings for not more than sixty days if
it finds good cause for such extension and publishes
its
reasons
for so finding, or for such longer period as to which
SIPC
consents.
Commission
shall
disapprove a proposed rule change if it does not make
the
finding referred to in the preceding sentence. The
Commission
shall not approve any proposed rule change prior to
thirty days after the date of publication of notice of
the filing
thereof, unless the Commission finds good cause for so
doing
and publishes its reasons for so finding.
takes effect under this clause shall be filed promptly
thereafter and reviewed in accordance with the
provisions of subparagraph (A).
At any time within sixty days after the date of filing
of
any rule change which has taken effect pursuant to this
subparagraph, the Commission may summarily abrogate
such rule change and require that it be refiled and
reviewed
in accordance with the provisions of this paragraph, if
the Commission finds that such action is necessary or
appropriate in the public interest, for the protection
of
investors, or otherwise in furtherance of the purposes
of
this Act. Any action of the Commission pursuant to
the
preceding sentence shall not effect the validity or
force of
a rule change during the period it was in effect and
shall
not be reviewable under section 25 of the 1934 Act
// 15 USC 78y. //
or deemed
to be final agency action for purposes of section 704
of
title 5, United States Code.
"(3) Action required by commission.--The Commission may, by
such rules as it determines to be necessary or appropriate in the
public interest or to carry out the purposes of this Act, require
SIPC to adopt, amend, or repeal any SIPC bylaw or rule, whenever
adopted.".
SEC. 6. (a) Section 4(a) such Act (15 U.S.C. 78ddd(a) is amended--,
(1) in paragraph (2), by striking out " The" and inserting in
lieu thereof "except as otherwise provided in this section, the";
(2) by amending paragraph (2) (C) to read as follows:
(3) by adding at the end thereof the following new
paragraph:
"(4) Other lines.--SIPC may maintain such other confirmed lines
of credit as it considers necessary or appropriate, and such other
confirmed lines of credit shall not be included in the balance of
the fund, but amounts received from such lines of credit may be
disbursed by SIPC under this Act as though such amounts were part
of the fund.".
(b) Section 4(c) of such Act (15 U.S.C. 78ddd(c)) is amended--,
(1) by striking out "or rule" each place it appears; and
(2) in paragraph (3), by striking out "(other than section 3(
f)".
(c) Section 4(d) (1) of such Act (15 U.S.C. 78ddd(d) (1)) is amended
by adding at the end thereof the following new subparagraph:
"(C) Mininum assessment.--The minimum assessment imposed upon
each member of SIPC shall be $25 per annum through the year ending
December 31, 1979, and thereafter shall be the amount from time to
time set by SIPC bylaw, but in no event shall the minimum
assessment be greater than $150 per annum.".
(d) Section 4(e) of such Act (15 U.S.C. 78ddd(e)) is amended--,
(1) by amending paragraph (2) to read as follows:
"(2) OVERPAYMENTS. -- To the extent that any payment by a
member exceeds the maximum rate permitted by subsection (c) of
this section, the excess shall be recoverable only against future
payments by such member, except as otherwise provided by SIPC
bylaw,"; and
(2) by amending paragraph (3) to read as follows:
"(3) Underpayments.--If a member fails to pay when due all or
any part of an assessment made upon such member, the unpaid
portion thereof shall bear interest at such rate as may be
determined by SIPC bylaw and, in addition to such interest, SIPC
may impose such penalty charge may be determined by SIPC bylaw.
Any such penalty charge imposed upon a SIPC member shall not
exceed 25 per centum of any unpaid portion of the assessment.
SIPC may waive such penalty charge in whole or in part in
circumstances where it considers such waiver appropriate.".
(e) Section 4(f) of such Act (15 U.S.C. 78ddd(f) is amended by
striking out "examining authority as".
(f) Section 4(g) of such Act (15 U.S.C. 78ddd(g)) is amended by
striking out the last two sentences and inserting in lieu thereof the
following; " For the purposes of the next preceding sentence, (1) the
fee shall be based upon the total dollar amount of each purchase; (2)
the fee shall not apply to any purchase on a national securities
exchange or in an over-the-counter market by or for the account of a
broker or dealer registered under section 15(b) of the 1934 Act // 15
USC 78o. // unless such purchase is for an investment account of such
broker or dealer (and for this purpose any transfer from a trading
account to an investment account shall be deemed a purchase at fair
market value); and (3) the Commission may, by rule, exempt any
transaction in the over-the-counter markets or on any national
securities exchange where necessary to provide for the assessment of
fees on purchasers in transactions in such markets and exchangnges on a
comparable basis. Such fee shall be collected by the broker or dealer
effecting the transaction for or with the purchaser, or by such other
person as provided by the Commission by rule, and shall be paid to SIPC
in the same manner as assessments imposed pursuant to subsection (c) but
without regard to the limits on such assessments, or in such other
manner as the Commission may by rule provide.".
(g) Section 4(i) of such Act (15 U.S.C. 78ddd(i)) is amended to read
as follows:
"(i) Consolidated group.--Except as otherwise provided by SIPC bylaw,
gross revenues from the securities business of a member of SIPC shall be
computed on a consolidated basis for such member and all its
subsidiaries (other than the foreign subsidiaries of such member), and
the operations of a member of SIPC shall include those of any business
to which such member has succeeded.".
SEC. 7. (a) Section 5(a) of such Act (15 U.S.C. 78eee(a)) is
amended by striking out paragraphs (2) and (3) and inserting in lieu
thereof the following new paragraphs:
"(2) Action by self-regulatory organization.--If a
self-regulatory organization has given notice to SIPC pursuant to
subsection (a) (1) with respect to a broker or dealer, and such
broker or dealer undertakes to liquidate or reduce its business
either pursuant to the direction of a self-regulatory organization
or voluntarily, such self-regulatory organization may render such
assistance or oversight to such broker or dealer as it considers
appropriate to protect the interests of customers of such broker
or dealer. The assistance or oversight by a self-regulatroy
organization shall not be deemed the assumption or adoption by
such self-regulatory organization of any obligation or liability
to customers, other creditors, shareholders, or partners of the
broker or dealer, and shall not prevent or act as a bar to any
action by SIPC.
"(3) Action by SIPC.-- If SIPC determines that--,
(b) (1) exist with respect to such member, SIPC may, upon
notice to such member, file an application for a protective decree
with any court of competent jurisdiction specified in section
21(e) or 27 of the 1934 Act,
// 15 USC 78u, 78aa. //
except that no such application shall be filed with respect to a
member the only customers of which are persons whose claims could
not be satisfied by SIPC advances pursuant to section 9.
// 15 USC 78iii. //
"(4) Effect of other pending actions.--An application with
respect to a member of SIPC filed with a court under paragraph
(3)--,
(b) Section 5(b) of such Act (15 U.S.C. 78eee(b)) is amended to read
as follows:
"(b) Court Action.--,
"(1) Issuance of protective decree.--Upon receipt of an
application by SIPC under subsection (a) (3), the court shall
forthwith issue a protective decree if the debtor consents
thereto, if the debtor fails to contest such application, or if
the court finds that such debtor--,
// 11 USC prec. 1. //
or is unable to meet its obligations as they mature;
// 15 USC 78a. //
or rules of the Commission or any self-regulatory
organization with respect to financial responsibility
or hypothecation of customers' securities; or
Unless the debtor consents to the issuance of a protective decree,
the application shall be heard three business days after the date
on which it is filed, or at such other time as the court shall
determine, taking into consideration the urgency which the
circumstances require.
"(2) Jurisdiction and powers of court.--,
// 11 USC 108 //
and the right to enforce a valid, nonpreferential lien
or pledge against the property of the debtor; and
"(3) Appointment of trustee and attorney.--If the court issues
a protective decree under paragraph (1), such court shall
forthwith appoint, as trustee for the liquidation of the business
of the debtor and as attorney for the trustee, such persons as
SIPC, in its sole discretion, specifies. The persons appointed as
trustee and as attorney for the trustee may be associated with the
same firm. SIPC may, in its sole discretion, specify itself or
one of its employees as trustees in any case in which SIPC has
determined that the liabilities of the debtor to unsecured general
creditors and to subordinated lenders appear to aggregate less
than $750,000 and that there appear to be fewer than five hundred
customers of such debtor. No person may be appointed to serve as
trustee or attorney for the trustee if such person is not
disinterested within the meaning of paragraph (6), except that for
any specified purpose other than to represent a trustee in
conducting a liquidation proceeding, the trustee may, with the
approval of SIPC and the court, employ an attorney who is not
disinterested. A trustee appointed under this paragraph shall
qualify by filing a bond in the manner prescribed by the
applicable provisions of the Bankruptcy Act,
// 11 USC prec. 1. //
except that neither SIPC nor any employee of SIPC shall be
required to file a bond when appointed as trustee.
"(4) Reference to referee in bankruptcy.--If the court issues a
protective decree and appoints a trustee under this section, such
court may, at any stage of the proceeding, refer the proceeding to
a referee in bankurptcy to hear and determine any or all matters,
or to a referee in bankruptcy as special master to hear and report
generally or upon specified matters. Only under special
circumstances shall a reference be made to a special master who is
not a referee in bankruptcy.
"(5) Compensation for services and reimbursement of
espenses.--,
be granted on an interim basis
during
the course of the liquidation proceeding at such times
and
in such amounts as the court considers appropriate.
shall be served
upon
SIPC when filed. The court shall fix a time for a
hearing
on such application, and notice of such hearing shall
be
given to the applicant, the trustee, the debtor, the
creditors,
SIPC, and such other persons as the court may
designate,
except that notice need not be given to customers whose
claims
have been or will be satisfied in full or to creditors
who cannot
reasonably be expected to receive any distribution
during the
course of the liquidation proceeding.
determining
the amount of allowances in all other cases, the court
shall give due consideration to the nature, extent, and
value
of the services rendered, and shall place considerable
reliance
on the recommendation of SIPC.
// 11 USC prec. 1. //
shall apply to allowances.
insufficient to pay allowances in whole or in part, SIPC
shall advance such funds as are necessary for such
payment. "(6) Disinterestedness.--,
be mailed
at
least ten days prior thereto to each person who, from
the
books and records of the debtor, appears to have been a
customer
of the debtor with an open account within the past
twelve months, to the address of such person as it
appears
from the books and records of the debtor, and to the
creditors
and stockholders of the debtor, to SIPC, and to such
other
persons as the court may designate. The court may, in
its
discretion, also require that notice be given by
publication in
such newspaper or newspapers of general circulation as
it
may designate. At such hearing, at any adjournment
thereof,
or upon application, the court shall hear objections to
the
retention in office of a trustee or attorney for a
trustee on the
grounds that such person is not disinterested."
(c) Section 5 of such Act (15 U.S.C. 78eee) is amended by adding at
the end thereof the following new subsection:
"(d) SIPC Participation.--SIPC shall be deemed to be a party in
interest as to all matters arising in a liquidation proceeding, with the
right to be heard on all such matters, and shall be deemed to have
intervened with respect to all such matters with the same force and
effect as if a petition for such purpose had been allowed by the
court.".
Sec. 8. Section 6 of such Act (15 U.S.C. 78fff) is amended to read
as follows:
" SEC. 6. GENERAL PROVISIONS OF A LIQUIDATION PROCEEDING.
"(a) Purposes.--The purposes of a liquidation proceeding under this
Act shall be--
"(1) as promptly as possible after the appointment of a trustee
in such liquidation proceeding, and in accordance with the
provisions of this Act--
"(2) to sell or transfer offices and other productive units of
the business of the debtor;
"(3) to enforce rights of subrogation as provided in this Act;
and
"(4) to liquidate the business of the debtor.
"(b) APPLICATION OF BANKRUPTCY ACT. // 11 USC prec. 1. // --To the
extent consistent with the provisions of this Act, a liquidation
proceeding shall be conducted in accordance with, and as though it were
being conducted under, the Bankruptcy Act. For purposes of applying the
Bankruptcy Act to this Act, any reference in the Banckruptcy Act to the
date of commencement of proceedings under the Bankruptcy Act shall be
deemed to be a reference to the filing date under this Act.
"(c) DETERMINATION OF CUSTOMER STATUS.-- In a liquidation proceeding
under this Act, whenever a person has acted with respect to cash or
securities with the debtor after the filing date and in a manner which
would have given him the status of a customer with respect to such cash
or securities had the action occurred prior to the filing date, and the
trustee is satisfied that such action was taken by the customer in good
faith and prior to the appointment of the trustee, the date on which
such action was taken shall be deemed to be the filing date for purposes
of determining the net equity of such customer with respect to such cash
or securities.
"(d) Apportionment.--In a liquidation proceeding under this Act, any
cash or securities remaining after the liquidation of a lien or pledge
made by a debtor shall be apportioned between his general estate and
customer property in the proportion in which the general property of the
debtor and the cash and securities of the customers of such debtor
contributed to such lien or pledge. Securities apportioned to the
general estate under this subsection shall be subject to the provisions
of section 16(5)(A).
"(e) COSTS AND EXPENSES OF ADMINISTRATION.-- All costs and expenses
of administration of the estate of the debtor and of the liquidation
proceeding shall be borne by the general estate of the debtor to the
extent it is sufficient therefor, and the priorities of distribution
from the general estate shall be as provided in the Bankruptcy Act. //
11 USC prec. 1. // Costs and expenses of administration shall include
payments pursuant to section 8(e) and section 9(c)(1) (to the extent
such payments recovered securities which were apportioned to the general
estate pursuant to subsection (d)) and costs and expenses of SIPC
employees utilized by the trustee pursuant to section 7(a)(2). All funds
advanced by SIPC to a trustee for such costs and expenses of
administration shall be recouped from the general estate as a first
priority under the Bankruptcy Act.".
Sec. 9. The Securities Investor Protection Act of 1970 // 15 USC
78o, 78ggg-78lll. // (15 U.S.C. 78aaa et seq.) is amended by
redesignating sections 7 through 12 as sections 11 through 16,
respectively, and by inserting immediately after section 6 the following
new sections:
" SEC. 7. // 15 USC 78fff-1. // POWERS AND DUTIES OF A TRUSTEE.
"(a) Trustee Powers.--A trustee shall be vested with the same powers
and title with respect to the debtor and the property of the debtor,
including the same rights to aviod preferences, as a trustee in
bankruptcy under the Bankruptcy Act has with respect to a bankrupt and
the property of a bankrupt. In addition, a trustee may, with the
approval of SIPC but without and need for court approval--
"(1) hire and fix the compensation of all personnel (including
officers and employees of the debtor and of its examining
authority) and other persons (including accountants) that are
deemed by the trustee necessary for all or any purposes of the
liquidation proceeding;
"(2) utilize SIPC employees for all or any purposes of a
liquidation proceeding; and
"(3) margin and maintain customer accounts of the debtor for
the purposes of section 8(f).
"(b) TRUSTEE DUTIES.-- To the extent consistent with the provisions
of this Act or as otherwise ordered by the court, a trustee shall be
subject to the same duties as a trustee in bankruptcy, except that a
trustee may, but shall have no duty to, reduce to money any securities
constituting customer property or in the general estate of the debtor.
In addition, the trustee shall--
"(1) deliver securities to or on behalf of customers to the
maximum extent practicable in satisfaction of customer claims for
securities of the same class and series of an issuer; and
"(2) subject to the prior approval of SIPC but without any need
for court approval, pay or guarantee all of any part of the
indebtedness of the debtor to a bank, lender, or other person if
the trustee determines that the aggregate market value of
securities to be made available to the trustee upon the payment or
guarantee of such indebtedness does not appear to be less than the
total amount of such payment or guarantee.
"(c) REPORTS BY TRUSTEE TO COURT.-- The trustee shall make to the
court and to SIPC such written reports as may be required by the
Bankruptcy Act, // 11 USC prec. 1. // and shall include in such reports
information with respect to the progress made in distributing cash and
securities to customers. Such reports shall be in such form and detail
as the Commission determines by rule to present fairly the results of
the liquidation proceeding as of the date of or for the period covered
by such reports, having due regard for the requirements of section 17 of
the 1934 Act // 15 USC 78q. // and the rules prescribed under such
section and the magnitude of items and transactions involved in
connection with the operations of a broker or dealer.
"(d) INVESTIGATIONS.-- The trustee shall--,
"(1) as soon as practicable, investigate the acts, conduct,
property, liabilities, and financial condition of the debtor, the
operation of its business, and any other matter, to the extent
relevant to the liquidation proceeding, and report thereon to the
court;
"(2) examine, by deposition or otherwise, the directors and
officers of the debtor and any other witnesses concerning any of
the matters referred to in paragraph (1);
"(3) report to the court any facts ascertained by the trustee
with respect to fraud, misconduct, mismanagement, and
irregularities, and to any causes of action available to the
estate; and
"(4) as soon as practicable, prepare and submit, to SIPC and
such other persons as the court designates and in such form and
manner as the court directs, a statement of his investigation of
matters referred to in paragraph (1).
" SEC. 8. // 15 USC 78fff-2. // SPECIAL PROVISIONS OF A LIQUIDATION
PROCEEDING.
"(a) NOTICE AND CLIAMS.--,
"(1) NOTICE OF PROCEEDINGS.-- Promptly after the appointment of
the trustee, such trustee shal cause notice of the commencement of
proceedings under this section to be published in one or more
newspapers of general circulation in the form and manner
determined by the court, and at the same time shall cause a copy
of
such notice to be mailed to each person who, from the books and
records of the debtor, appears to have been a customer of the
debtor with an open accout within the past twelve months, to the
address of such person as it appears from the books and records of
the debtor. Notice to creditors other than customers shall be
given in the manner prescribed by the Bankruptcy Act, except that
such notice shall be given by the trustee.
"(2) STATEMENT OF CLAIM.-- Acustomer shall file with the
trustee a written statement of claim but need not file a formal
proof of cliam, except that no obligation of the debtor to any
person associated with the debtor within the meaning of section 3
(a)(18) or section 3(a)(21) of the 1934 Act,
// 15 USC 78c. //
any beneficial owner of 5 per centum or more of the voting stock
of the debtor, or any member of the immediate family of any such
person or owner may be satisfied without foumal proof of claim.
"(3) TIME LIMITATIONS.-- No claim of a customer or other
creditor of the debtor which is received by the trustee after the
expiration of the six-month period beginning on the date of
publication of notice under paragraph (1) shall be allowed, except
that the court may, upon application within such period and for
cause shown, grant a reasonable, fixed extension of time for the
filing of a claim by the United States, by a State or political
subdivision thereof, or by an infant or incompetent person without
a guardian. Any claim of a customer for net equity which is
received by the trustee after the expiration of such period of
time as may be fixed by the court (not exceeding sixty days after
the date of publication of notice under paragraph (1)) need not be
paid or satisfied in whole or in part out of customer property,
and to the extent such cliam is satisfied from moneys advanced by
SIPC, it shall be satisfied in cash or securities (or both) as the
trustee determines is most economical to the estate.
"(4) EFFECT ON CLAIMS.-- Except as otherwise provided in this
section, and without limiting the powers and duties of the trustee
to discharge obligations promptly as specified in this section,
nothing in this section shall limit the right of any person,
including any subrogee, to extablish by formal proof or otherwise
as the court may provide such claims for the payment of money and
the delivery of specific securities, without resort to moneys
advanced by SIPC to the trustee.
"(b) PAYMENTS TO CUSTOMERS.-- After receipt of a written statement of
claim pursuant to subsection (a)(2), the trustee shall promptly
discharge, in accordance with the provisions of this section, all
obligations of the debtor to a customer relating to, or net equity
claims based upon, securities or cash, by the delivery of securities or
the making of payments to or for the account of such customer (subject
to the provisions of subsection (d) and section 9(a)) insofar as such
obligations are ascertainable from the books and records of the debtor
or are otherwise established to the satisfaction of the trustee. For
purposes of distributing securities to customers, all securities shall
be valued as of the close of business on the filing date. For upropose
of this subsection, the court shall, among other things--,
"(1) with respect to net equity claims, authorize the trustee
to satisfy claims out of moneys made available to the trustee by
SIPC notwithstanding the fact that there has not been any showing
or determination that there are sufficient funds of the debtor
available to satisfy such cliams; and
"(2) with respect to claims relating to, or net equities based
upon, securities of a class and series of an issuer which are
ascertainable from the books and records of the debtor or are
otherwise established to the satisfaction of the trustee,
authorize the trustee to deliver securities of such class and
series if and to the extent available to satisfy such cliams in
whole or in part, with partial deliveries to be made pro rata to
the greatest extent considered practicable by the trustee.
Any payment or delivery of property pursuant to this subsection may be
conditioned upon the trustee requiring claimants to execute, in a form
to be determined by the trustee, appropriate receipts, supporting
affidavits, releases, and assignments, but shall be without prejudice to
any right of a claimant to file formal proof of cliam within the period
specified in subsection (a)(3) for any balance of securities or cash to
which such claimant considers himself entitled.
"(c) CUSTOMER RELATED PROPERTY.--,
"(1) ALLOCATION OF CUSTOMER PROPERTY.-- The trustee shall
allocate customer property of the debtor as follows:
// 15 USC 78ggg. //
third, to SIPC as subrogee for the claims of customers;
Any customer property remaining after allocation in accordance
with this paragraph shall become part of the general estate of the
debtor. To the extent customer property and SIPC advances
pursuant to section 9(a) are not sufficient to pay or otherwise
satisfy in full the net equity claims of customers, such customers
shall be entitled, to the extent only of their respective
unsatisfied net equities, to participate in the general estate as
unsecured creditors. For purposes of allocating customer property
under this paragraph, securities to be delivered in payment of net
equity claims for securities of the same class and series of an
issuer shall be valued as of the close of business on the filing
date.
"(2) DELIVERY OF CUSTOMER NAME SECURITIES.-- The trustee shall
deliver customer name securities to or on behalf of a customer of
the debtor entitled thereto if the customer is not indebted to the
debtor. If the customer is so indebted, such customer may, with
the approval of the trustee, reclaim customer name securities upon
payment to the trustee, within such period of time as the trustee
determines, of all indebtedness of such customer to the debtor.
"(3) RECOVERY OF TRANSFERS.-- Whenever customer property is not
sufficient to pay in full the claims set forth in subparagraphs
(A) through (D) of paragraph (1), the trustee may recover any
property transferred by the debtor which, except for such
transfer, would have been customer property if and to the extent
that such transfer is voidable or void under the provisions of the
Bankruptcy Act.
// 11 USC prec. 1. //
Such recovered property shall be treated as customer property.
For purposes of such recovery, the property so transferred shall
be deemed to have been the property of the debtor and, if such
transfer was made to a customer or for his benefit, such customer
shall be deemed to have been a creditor, the laws of any State to
the contrary notwithstanding.
"(d) PURCHASE OF SECURITIES.-- The trustee shall, to the extent that
securities can be purchased in a fair and orderly market, purchase
securities as necessary for the delivery of securities to customers in
satisfaction of their claims for net equities based on securities under
section 7(b)(1) and for the transfer of customer accounts under
subsection (f), in order to restore the accounts of such customers as of
the filing date. To the extent consistent with subsection (c), customer
property and moneys advanced by SIPC may be used by the trustee to pay
for securities so purchased. Moneys advanced by SIPC for each account
of a separate customer may not be used to purchase securities to the
extent that the aggragate value of such securities on the filing date
exceeded the amount permitted to be advanced by SIPC under the
provisions of section 9(a).
"(e) CLOSEOUTS.--,
"(1) IN GENERAL.-- Any contract of the debtor for the purchase or
sale of securities in the ordinary course of its business with other
brokers or dealers which is wholly executory on the filling date shall
not be completed by the trustee, except to the extent permitted by SIPC
rule. Upon the adoption by SIPC of rules with respect to the closeout
of such a contract but prior to the adoption of rules with respect to
the completion of such a contract, the other broker or dealer shall
close out such contract, without unnecessary delay, in the best
available market and pursuant to such SIPC rules. Until such time as
SIPC adopts rules with respect to the completion or closeout of such a
contract, such a contract shall be closed out in accordance with
Commission Rule S6(d)-1 as in effect on the date of enactment of this
section, or any comparable rule of the Commission subsequently adopted,
to the extent not inconsistent with the provisions of this subsection.
"(2) NET PROFIT OR LOSS.-- A broker or dealer shall net all profits
and losses on all contracts closed out under this subsection and --,
"(A) if such broker or dealer shows a net profit on such
contracts, he shall pay such net profit to the trustee; and
"(B) if such broker or dealer sustains a net loss on such
contracts, he shall be entitled to file a claim against the debtor
with the trustee in the amount of such net loss.
To the extent that a net loss sustained by a broker or dealer arises
from contracts pursuant to which such broker or dealer was acting for
its own customer, such broker or dealer shall be entitled to receive
funds advanced by SIPC to the trustee in the amount of such loss, except
that such broker or dealer may not receive more than $40,000 for each
separate customer with respect to whom it sustained a loss. With
respect to a net loss which is not payable under the proceding sentence
from funds advanced by SIPC, the broker or dealer shall be entitled to
participate in the general estate as an unsecured creditor.
"(3) REGISTERED CLEARING AGENCIES.-- Neither a registered clearing
agency which by its rules has an established procedure for the closeout
of open contracts between an insolvent broker or dealer and its
participants, nor its participants ot the extent such participants'
claims are or may be processed within the registered clearing agency,
shall be entitled to receive SIPC funds in payment of any losses on such
contracts, except as SIPC may otherwise provide by rule. If such
registered clearing agency or its participants sustain a net loss on the
closeout of such contracts with the debtor, they shall have the right to
participate in the general estate as unsecured creditors to the extent
of such loss. Any funds or other property owed to the debtor, after the
closeout of such contracts, shall be promptly paid to the trustee.
Rules adopted by SIPC under this paragraph shall provide that in no case
may a registered clearing agency or its participants, to the extent such
participants' claims are or may be processed within the registered
clearing agency, be entitled to receive funds advanced by SIPC in an
amount greater, in the aggragate, than could be received by the
participants if such participants proceeded individually under
paragraphs (1) and (2).
"(4) DEFINITION.-- For purposes of this subsection, the term
'customer' does not include any person who--,
"(A) is a broker or dealer;
"(B) had a claim for cash or securities which by contract,
agreement, or understanding, or by operation of law, was part of
the capital of the claiming broker or dealer or was subordinated
to the claims of any or all creditors of such
broker or dealer; or
"(C) had a relationship of the kind specified in section 9(a)(
5) with the debtor.
A claiming broker or dealer shall be deemed to have been acting
on behalf of its customer if it acted as agent for such customer
or if it held such customer's order which was to be executed as a
part of its contract with the debtor.
"(f) TRANSFER OF CUSTOMER ACCOUNTS.-- In order to facilitate the
prompt satisfaction of customer claims and the orderly liquidation of
the debtor, the trustee may, pursuant to terms satisfactory to him and
subject to the prior approval of SIPC, sell or otherwise transfer to
another member of SIPC, without consent of any customer, all or any part
of the account of a customer of the debtor. In connection with any such
sale or transfer to another member of SIPC and subject to the prior
approval of SIPC, the trustee may--
"(1) waive or modify the need to file a written statement of
claim pursuant to subsection (a)(2); and
"(2) enter into such agreements as the trustee considers
appropriate under the circumstances to indemnify any such member
of SIPC against shortages of cash or securities in the customer
accounts sold or transferred.
The funds of SIPC may be made available to guarantee or secure any
indemnification under paragraph (2). The prior approval of SIPC to such
indemnification shall be conditioned, among such other standards as SIPC
may determine, upon a determination by SIPC that the probable cost of
any such indemnification can reasonably be expected not to exceed the
cost to SIPC of proceeding under section 9(a) and section 9( b).
" SEC. 9. // 15 USC 78fff-3. // SIPC ADVANCES.
"(a) ADVANCES FOR CUSTOMERS' CLAIMS.-- In order to provide for prompt
payment and satisfaction of net equity claims of customers of the
debtor, SIPC shall advance to the trustee such moneys, not to exceed
$100,000 for each customer, as may be required to pay or otherwise
satisfy cliams for the amount by which the net equity of each customer
exceeds his ratable share of customer property, except that--,
"(1) if all or any portion of the net equity claim of a
customer in excess of his ratable share of customer property is a
claim for cash, as distinct from a claim for securities, the
amount advanced to satisfy such claim for cash shall not exceed
$40,000 for each such customer;
"(2) a customer who holds accounts with the debtor in separate
capacities shall be deemed to be a different customer in each
capacity;
"(3) if all or any portion of the net equity claim of a
customer in excess of his ratable share of customer property is
satisfied by the delivery of securities purchased by the trustee
pursuant to section 8(d), the securities so purchased shall be
valued as of the filing date for purposes of applying the dollar
limitations of this subsection;
"(4) no advance shall be made by SIPC to the trustee to pay or
otherwise satisfy, directly or indirectly, and net equity claim of
a customer who is a general partner, officer, or director of the
debtor, a beneficial owner of five per centum or more of any class
of equity security of the debtor (other than a nonconvertible
stock having fixed preferential dividend and liquidation rights),
a limited partner with a participation of five percentum or more
in the net assets or net profits of the debtor, or a person who,
directly or indirectly and through agreement or otherwise,
exercised or had the power to exercise a controlling influence
over the management or policies of the debtor; and
"(5) no advance shall be made by SIPC to the trustee to pay or
otherwise satisfy and net equity claime of any customer who is a
broker or dealer or bank, other than to the extent that it shall
be established to the satisfaction of the trustee, from the books
and records of the debtor ro from the books and records of a
broker or dealer or bank against the debtor arose out of
transactions for customers of such broker or dealer or bank (which
customers are not themselves a broker or dealer or bank or a
person described in paragraph (4)), in which event each such
customer of such broker or dealer or bank shall be deemed a
separate customer of the debtor.
To the extent moneys are advanced by SIPC to the trustee to pay or
otherwise satisfy the claims of customers, in addition to all other
rights it may have at law or in equity, SIPC shall be subrogated to the
claims of such customers with the rights and priorities provided in this
Act, except that SIPC as subrogee may assert no claim against customer
property until after the allocation thereof to customers as provided in
section 8(c).
"(b) OTHER ADVANCES.-- SIPC shall advance to the trustee--,
"(1) such moneys as may be required to carry out section 8(e);
and
"(2) to the extent the general estate of the debtor is not
sufficient to pay any and all costs and expenses of administration
of the estate of the debtor and of the liquidation proceeding, the
amount of such costs and expenses.
"(c) DISCRETIONARY ADVANCES.-- SIPC may advance to the trustee such
moneys as may be required to--,
"(1) pay or guarantee indebtedness of the debtor to a bank,
lender, or other person under section 7(b)(2);
"(2) guarantee or secure any indemnity under section 8(f);
and
"(3) purchase securities under section 8(d).
" SEC.10. // 15 USC 78fff-4. // DIRECT PAYMENT PROCEDURE.
"(a) DETERMINATION REGARDING DIRECT PAYMENTS.-- If SIPC determines
that--,
"(1) any member of SIPC (including a person who was a member
within one hundred eighty days prior to such determination) has
failed or is in danger of failing to meet its obligations to
customers;
"(2) one or more of the conditions specified in section 5(b)(
1)
// 15 USC 78eee. //
exist with respect to such member;
"(3) the claim of each customer of the member is within the
limits of protection provided in section 9(a);
"(4) the claims of all customers of the member aggregate less
than $250,000;
"(5) the cost to SIPC of satisfying customer claims under this
section will be less than the cost under a liquidation proceeding;
and
"(6) such member's registration as a broker-dealer under
section 15(b) of the 1934 Act
// 15 USC 78o, //
has been terminated, or such member has consented to the use of
the direct payment procedure set forth in this section,
SIPC may, in its discretion, use the direct payment procedure set forth
in this section in lieu of instituting a liquidation proceeding with
respect to such member.
"(b) NOTICE.-- Promptly after a determination under subsection (a)
that the direct payment procedure is to be used with respect to a
member, SIPC shall cause notice of such direct payment procedure to be
published in one or more newspapers of general circulation in a form and
manner determined by SIPC, and at the same time shall cause to be mailed
a copy of such notice to each person who appears, from the books and
records of such member, to have been a customer of the member with an
open account within the past twelve months, to the address of such
person as it appears from the books and records of such member. Such
notice shall state that SIPC will satisfy customer cliams directly,
without a liquidation proceeding, and shall set forth the form and
manner in which cliams may be presented. A direct payment procedure
shall be deemed to commence on the date of first publication under this
subsection and no claim by a customer shall be paid or otherwise
satisfied by SIPC unless received within the six-month period beginning
on such date, except that SIPC shall, upon application within such
period, and for cause shown, grant a reasonable, fixed extension of time
for the filing of a cliam by the United States, by a State or political
subdivision thereof, or by an infant or incompetent person without a
guardian.
"(c) PAYMENTS TO CUSTOMERS.-- SIPC shall promptly satisfy all
obilgations of the member to each of its customers relating to, or net
equity claims based upon, securities or cash by the delivery of
securities or the effecting of payments to such customer (subject to the
provisions of section 8(d) and section 9(a)) insofar as such obligations
are ascertainable from the books and records of the member or are
otherwise established to the satisfaction of SIPC. For purposes of
distributing securities to customers, all securities shall be valued as
of the close of business on the date of publication under subsection
(b). Any payment or delivery of securities pursuant to this section may
be conditioned upon the execution and delivery, in a form to be
determined by SIPC, of appropriate receipts, supporting affidavits,
releases, and assignments. To the extent moneys of SIPC are used to
satisfy the claims of customers, in addition to all other rights it may
have at law or in equity, SIPC shall be subrogated to the cliams of such
customers against the member.
"(d) EFFECT ON CLIAMS.-- Except as otherwise provided in this
section, nothing in this section shall limit the right of any person,
including any subrogee, to extablish by formal proof or otherwise such
claims as such person may have against the member, including claims for
the payment of money and the delivery of specific securities, without
resort to moneys of SIPC.
"(e) JURISDICTION OF DISTRICT COURTS.-- After SIPC has published
notice of the institution of a direct payment procedure under this
section, any person aggrieved by any determination of SIPC with respect
to his claim under subsection (c) may, within six months following
mailing by SIPC of its determination with respect to such claim, seek a
final adjudication of such claim. The district courts of the United
States shall have original and exclusive jurisdiction of any civil
action for the adjudication of such claim, without regard to the
citizenship of the parties or the amount in controversy. Any such
action shall be brought in the judicial district where the head office
of the debtor is located. Any determination of the rights of a customer
under subsection (c) shall not prejudice any other right or remedy of
the customer against the member.
"(f) DISCONTINUANCE OF DIRECT PAYMENT PROCEDURES.-- If, at any time
after the institution of a direct payment procedure with respect to a
member, SIPC determines, in its discretion, that continuation of such
direct payment procedure is not appropriate, SIPC may cease such direct
payment procedure and, upon so doing, may seek a protective decree
pursuant to section 5. // 15 USC 78eee. // To the extent payments of
cash, distributions of securities, or determinations with respect to the
validity of a customer's claim are made under this section, such
payments, distributions, and determinations shall be recognized and
given full effect in the event of any subsequent liquidation proceeding.
Any action brought under subsection (e) and pending at the time of the
appointment of a trustee under section 5(b)(3) shall be permanently
stayed by the court at the time of such appointment, and the court shall
enter an order directing the transfer or removal to it of such suit.
Upon such removal or transfer the complaint in such action shall
constitute the plaintiff's cliam in the liquidation proceeding, if
appropriate, and shall be deemed received by the trustee on the date of
his appointment regardless of the date of actual transfer or removal of
such action.
"(g) REFERENCES.-- For purposes of this section, any reference to the
trustee in section 7(b)(1), 8(d), 8(f), 9(a), 16(5) and 16(12) shall be
deemed a reference to SIPC, and any reference to the date of publication
of notice under section 8(a) shall be deemed a reference to the
publication of notice under this section.".
Sec. 10. Section 11(a) of such Act (15 U.S.C. 78ggg(a)), as
redesignated by this Act, is amended by stricking out "or regulations
pursuant to section 3(e) and section 9(f)" and inserting "pursuant to
section 3(e)(3) and section 13(f)".
Sec. 11. Section 12 of such Act (15 U.S.C. 78hhh), as redesignated
by this Act, is amended--,
(1) by inserting ", or collection agent if a collection agent
has been designated pursuant to section 13(a)," immediately after
"examining authority" the first place it appears; and
(2) by inserting "or collection agent" immediately after
"examining authority" the second place it appears.
SEC. 12. Section 13 (a) of such Act (15 U.S.C. 78iii(a)), as
redesignated by this Act, is amended to read as follows:
"(a) Collection Agent.--Each self-regulatory organization shall act
as collection agent for SIPC to collect the assessments payable by all
members of SIPC for whom such self-regulatory organization is the
examining authority, unless SIPC designates a self-regulatory
organization other than the examining authority to act as collection
agent for any member of SIPC who is a member of or participant in more
than one self-regulatory organization. If the only self-regulatory
organization of which a member of SIPC is a member or in which it is a
participant is a registered clearing agency that is not the examining
authority for the member, SIPC may, nevertheless, designate such
registered clearing agency as collection agent for the member or may
require that payments be made directly to SIPC. The collection agent
shall be obligated to remit to SIPC assessments made under section 4 //
15 USC 78ddd. // only to the extent that payments of such assessment
are received by such collection agent. Members of SIPC who are not
members of or participants in a self-regulatory organization shall make
payments directly to SIPC.".
(b) Section 13 (b) of such Act (15 U.S.C. 78iii(b)), as redesignated
by this Act, is amended by inserting "and section 5 (a) (2)" immediately
after "section 5 (a) (1)".
(c) Section 13 (c) of such Act (15 U.S.C. 78iii (c)), as redesignated
by this Act, is amended to read as follows:
"(c) Inspections.--The self-regulatory organization of which a member
of SIPC is a member or in which it is a participant shall inspect or
examine such member for compliance with applicable financial
responsibility rules, except that--,
"(1) if the self-regulatory organization is a registered
clearing agency, the Commission may designate itself as
responsible for the examination of such member for compliance with
applicable financial responsibility rules; and
"(2) if a member of SIPC is a member of or participant in more
than one self-regulatory organization, the Commission, pursuant to
section 17 (d) of the 1934 Act,
// 15 USC 78q. //
shall designate one of such self-regulatory organizations or
itself as responsible for the examination of such member for
compliance with applicable financial responsibility rules.".
(d) Section 13 (f) of such Act (15 U.S.C. 78iii (f)), as redesignated
by this Act, is amended to read as follows:
"(f) Financial Condition of Members.--The Commission may, by such
rules as it determines necessary or appropriate in the public interest
and to carry out the purposes of this Act, require any self-regulatory
organization to furnish SIPC with reports and records (or copies
thereof) relating to the financial condition of members of or
participants in such self-regulatory organization.".
SEC. 13. (a) Section 14 (a) of such Act (15 U.S.C. 78jjj (a)), as
redesignated by this Act, is amended--,
(1) by inserting "and penalty" immediately after "interest";
and
(2) by striking out "he" each place it appears and inserting
"it" in lieu thereof.
(b) Section 14 (b) of such Act (15 U.S.C. 78jjj (b)), as redesignated
by this Act, is amended--,
(1) by inserting "or for whom a direct payment procedure has
been initiated" immediately after " Act" each place it appears;
and
(2) in the subsection heading, by inserting "or Initiation OF
Direct Payment Procedure" immediately after " Trustee".
(c) Section 14 (c) of such Act (15 U.S.C. 78jjj (c)), as redesignated
by this Act, is amended to read as follows:
"(c) CONCEALMENT OF ASSETS; FALSE STATEMENTS OR CLAIMS.--,
"(1) SPECIFIC PROHIBITED ACTS.-- Any person who, directly or
indirectly, in connection with or in contemplation of any
liquidation proceeding or direct payment procedure--,
shall be fined not more than $50,000 or imprisoned for not more
than five years, or both.
"(2) Fraudulent conversion.--Any person who, directly or
indirectly steals, embezzles, or fraudulently, or with intent to
defeat this Act, abstracts or converts to his own use or to the
use of another any of the moneys, securities, or other assets of
SIPC, or otherwise defrauds or attempts to defraud SIPC or a
trustee by any means, shall be fined not more than $50,000 or
imprisoned not more than five years, or both.".
SEC. 14. (a) Section 15 (d) of such Act (15 U.S.C. 78kkk (d)), as
redesignated by this Act, is amended--,
(1) by inserting ", officers, or employees" immediately after "
Directors"; and
(2) in the subsection heading, by inserting ", Officers, or
Employees" immediately after " Directors".
(b) Section 15 (e) of such Act (15 U.S.C. 78kkk (e)), as redesignated
by this Act, is amended to read as follows:
"(e) ADVERTISING.-- SIPC shall by bylaw prescribe the manner in which
a member of SIPC may display any sign or signs (or include in any
advertisement a statement) relating to the protection to customers and
their accounts, or any other protections, afforded under this Act. No
member may display any such sign, or include in an advertisement any
such statement, except in accordance with such bylaws. SIPC may also by
bylaw prescribe such minimal requirements as it considers necessary and
appropriate to require a member of SIPC to provide public notice of its
membership in SIPC.".
(c) Section 15 (b) of such Act of (15 U.S.C. 78kkk (b)), as
redesignated by this Act, is repealed, and subsections (c) through (h)
of section 15 are redesignated as subsectionsd (b) through (g),
respectively.
SEC. 15. Section 16 of such Act (15 U.S.C. 78lll), as redesignated
by this Act, is amended to read as follows:
" SEC. 16. DEFINITIONS.
" For purposes of this Act, including the application of the
Bankruptcy Act to a liquidation proceeding:
"(1) Bankruptcy Act.--The term ' Bankruptcy Act' means, except
where the context indicates otherwise, those provisions of the
Bankruptcy Act relating to ordinary bankruptcy (chapters I through
VII) as now in effect or as amended from time to time, and
includes the rules of bankruptcy procedure promulgated with
respect to such provisions, but does not include the provisions of
section 60e of the Bankruptcy Act,
// 11 USC 96. //
relating to stockbroker bankruptcies.
"(2) COMMISSION.-- The term ' Commission' means the Securities
and Exchange Commission.
"(3) CUSTOMER.-- The term 'customer' of a debtor means any
person (including any person with whom the debtor deals as
principal or agent) who has a claim on account of securities
received, acquired, or held by the debtor in the ordinary course
of its business as a broker or dealer from or for the securities
accounts of such person for safekeeping, with a view to sale, to
cover consummated sales, pursuant to purchases, as collateral
security, or for purposes of effecting transfer. The term
'customer' includes any person who has a claim against the debtor
arising out of sales or conversions of such securities, and any
person who has deposited cash with the debtor for the purpose of
purchasing securities, but does not include--,
"(4) Customer name securities.--The term 'customer name
securities' means securities which were held for the account of a
customer on the filing date by or on behalf of the debtor and
which on the filing date were registered in the name of the
customer, or where in the process of being so regisstered pursuant
to instructions from the debtor, but does not include securities
registered in the name of the customer which, by endorsement or
otherwise, were in negotiable form.
"(5) Customer property.--The term 'customer property' means
cash and securities (except customer name securities delivered to
the customer) at any time received, acquired, or held by or for
the account of a debtor from or for the securities accounts of a
customer, and the proceeds of any such property transferred by the
debtor, including property unlawfully converted. The term
'customer property' includes--,
// 15 USC 78o. //
and the rules prescribed under such
section;
// 15 USC 78fff. //
and
"(6) DEBTOR.-- The term 'debtor means a member of SIPC with
respect to whom an application for a protective decree has been
filed under section 5 (a) (3)
// 15 USC 78eee. //
or a direct payment procedure has been instituted under section 10
(b).
// 15 USC 78jjj //
"(7) Examining authority.--The term 'examining authority'
means, with respect to any member of SIPC (A) the self-regulatory
organization which inspects or examines such member of SIPC, or
(B) the Commission if such member of SIPC is not a member of or
participant in any self-regulatory organization or if the
Commission has designated itself examining authority for such
member pursuant to section 13 (c).
"(8) Filing date.--The term 'filing date' means the date on
which an application for a protective decree is filed under
section 5 (a) (3), except that--,
// 11 USC prec. 1. //
or under chapter X or
XI of such Act,
// 11 USC 501 //
as now in effect or as amended from time to
time, the term 'filing date' means the date on which
such
petition was filed;
"(9) Foreign subsidiary.--The term 'foreign subsidiary' means
any subsidiary of a member of SIPC which as its principal place of
business in a foreign country or which is organized under the laws
of a foreign country.
"(10) Gross revenues from the securities business.--The term
'gross revenues from the securitites business' means the sum of
(but without duplication)--,
Such term does not include revenues received by a broker or dealer
in connection with the distribution of shares of a registered open
end investment company or unit investment trust or revenues
derived by a broker or dealer from the sale of variable annuities
or from the conduct of the business of insurance.
"(11) Liquidation proceeding.--The term 'liquidation
proceeding' means any proceeding for the liquidation of a debtor
under this Act in which a trustee has been appointed under section
5 (b) (3).
"(12) Net equity.--The term 'net equity' means the dollar
amount of the account or accounts of a customer, to be determined
by--,
In determining net equity under this paragraph, accounts held by a
customer in separate capacities shall be deemed to be accounts of
separate customers.
"(13) Persons registered as brokers or dealers.--The term
'persons registered as brokers or dealers' includes any person who
is a member of a national securities exchange.
"(14) Protective decree.--The term 'protective decree' means a
decree, issued by a court upon application of SIPC under section 5
(a) (3),
// 15 USC 78eee. //
that the customers of a member of SIPC are in need of the
protection provided under this Act.
"(15) Security.--The term 'security' means any note, stock,
treasury stock, bond, debenture, evidence of indebtedness, any
collateral trust certificate, preorganization certificate or
subscription, transferable share, voting trust certificate,
certificate of deposit, certificate of deposit for a security, any
investment contract or certificate of interest or participation in
any profit-sharing agreement or in any oil, gas, or mineral
royalty or lease (if such investment contract or interest is the
subject of a registration statement with the Commisssion pursuant
to the provisions of the Securities Act of 1933),
// 15 USC 77a. //
any certificate of interest or participation in, temporary or
interim ccertificate for, receipt for, guarantee of, or warrant or
right to subscribe to or purchase or sell any of the foregoing,
and any other instrument commonly known as a security. The term
'security' does not include any currency, or any commodity or
related contract or futures contract, or any warrant or right to
subscribe to or purchase or sell any of the foregoing.".
Sec. 16 Section 3 (a) of the Securities Exchange Act of 1934 (15 U.
S.C. 78c (a) is amended by adding at the end thereof the following new
paragraph:
"(40) The term 'financial responsibility rules' means the rules
and regulations of the Commission or the rules and regulations
prescribed by any self-regulatory organization relating to
financial responsibility and related practices which are
designated by the Commission, by rule or regulation, to be
financial responsibility rules.".
SEC. 17. The table of contents of the Securities Investor Protection
Act of 1970 (15 U.S.C. 78aaa et seq.) is amended to read as follows:
" Sec. 1. Short title.
" Sec. 2. Application of Securities Exchange Act of 1934.
" Sec. 3. Securities Investor Protection Corporation.
" Sec. 4. SIPC Fund.
" Sec. 5. Protection of customers.
" Sec. 6. General provisions of a liquidation proceeding.
" Sec. 7. Powers and duties of trustee
" Sec. 8. Special provisions of a liquidation proceeding.
" Sec. 9. SIPC advances.
" Sec. 10. Direct payment procedure.
" Sec. 11. SEC functions.
" Sec. 12. Examining authority functions.
" Sec. 13. Functions of self-regulatory organizations.
" Sec. 14. Prohibited acts.
" Sec. 15. Miscellaneous provisions.
" Sec. 16. Definitions.".
SEC. 18. Section 3 (b) of the Securities Act of 1933 (15 U.S.C.
77c(b)) is amended by striking out "$500,000" and inserting in lieu
thereof "$1,500,000".
SEC. 18. (a) Section 11 (a) (3) of the Securities Exchange Act of
1934 (15 U.S.C. 78k (a) (3)) is amended by striking out " May 1, 1975"
and inserting in lieu thereof " February 1, 1978" and by striking out "
May 1, 1978" each place it appears and inserting in lieu thereof "
February 1, 1979".
(b) The amendment made by subsection (a) of this section // 15 USC
78k // shall be effective as of May 1, 1978.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 746 (Comm. on Interestate and Foreign
Commerce).
SENATE REPORT No. 95 - 763 (Comm. on Banking, Housing, and Urban
Affairs).
CONGRESSIONAL RECORD:
Vol. 123 (1977): Nov. 1, considered and passed House.
Vol. 124 (1978): Apr. 26, considered and passed Senate,
amended.
Senate
amendment
No. 9 with an amendment.
House amendment of No. 9 with an amendment.
in Senate amendment of No. 8 with an amendment.
PUBLIC LAW 95-282, 92 STAT. 248
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the following is
appropriated, out of any money in the Treasury not otherwise
appropriated, for the fiscal year ending September 30, 1978, and for
other purposes, namely:
For an additional amount for " Administrative Expenses", $13,000,000,
to remain available until September 30, 1979.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 1083 (Comm. on Approprations).
SENATE REPORT No. 95 - 800 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 124 (1978):
Apr. 27, considered and passed House.
May 11, considered and passed Senate.
PUBLIC LAW 95-281, 92 STAT. 246
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) // 25 USC 861
// Federal recongnition is hereby extened or confirmed with respect to
the Wyandotte Indian Tribe of Oklahoma, the Ottawa Indian Tribe of
Oklahoma, a and the Peoria Indian Tribe of Oklahoma, the provisions of
the Acts repealed by subsection (b) of this section notwithstanding.
(b) The following Acts are hereby repealed:
(1) the Act of August 1 , 1956 (70 STAT.893; 25 U.S.C. 791 -
807), relating to the Wyandotte Tribe;
(2) the Act of August 2, 1956 (70 Stat. 937; 25 U.S.C. 821 -
826), relating to the Peoria Tribe; and
(3) the Act of August 3, 1956 (70 Stat. 963; 25 U.S.C. 841 -
853), relating to the Ottowa Tribe
(c) There are hereby reinstated all rights and privileges of each of
the tribes described in subsection (a) of this section and their members
under Federal treaty, statute, or otherwise which may have been
diminished or lost pursuant to the Act relaing to them which is repealed
by subsection (b) of this section. Nothing contained in this Act shall
diminish any rights or privileges enjoyed by each of such tribes or
their members now or prior to enactment of such Act, under Federal
treaty, statute, or otherwise, which are not inconsistent with the
provisions of thei Act.
(d) Except as specifically provided in this Act, nothing contained in
this Act shall alter any property rights or obligations, any contractual
rights or obligations, including existing fishing rights, or any
obligation for taxes already levied.
Sec. 2 (a) (1) The Modoc Indian Tribe of Oklahoma is hereby
recognized as a tribe of Indians residing in Oklahoma and the provisions
of the Act of June 26, 1936, as amended (49 Stat. 1967; 25 U.S.C. 501 -
509), // 25 USC 861a. // are hereby extended to such tribe and its
members. The Secretary of the Interior shall promptly offer the said
Modoc Tribe assistance to aid theim in organizing under section 3 of
said Act of June 26, 1936 (25 U.S.C. 503).
(2) The provisions of the Act of August 13, 1954 (68 Stat. 718; 25
U.S.C. 564 - 564w), hereafter shall not apply to the Modoc Tribe
Olkahoma or its members except for any right to tshare in the proceeds
of any claim against the United States as provided in sections 6(c) and
21 of said Act, as amended (25 U.S.C. 564e and 564t).
(3) The Modoc Indian Tribe of Oklahoma shall consist of those Modoc
Indians who are direct lineal descendants of those Modocs removed to
Indian territory (now Oklahoma) in November 1873, and who did not return
to Klamath, Oregon, pursuant to the Act of March 9, 1909 (35 Stat. 751),
as determined by the Secretary of the Interior, and the descendants of
such Indains who otherwise meet the membership requirements adopted by
the tribe.
(b) The Secretary of the Interior shall promptly offer the Ottawa
Tribe of Oklahoma and the Peoria Tribe of Oklahoma assistance to aid
them in reorganizing under section 3 of the Act of June 26, 1936 (49
Stat. 1967; 25 U.S.C. 503), which Act is re-extended to them and their
members by this Act.
(c) The validity of the organization of the Wyandotte Indain Tribe of
Oklahoma under section 3 of the Act of June 26, 1936 (49 Statute 1967;
25 U.S.C. 503), and the continued application of said Act to such tribe
and its members is hereby confirmed.
Sec. 3. (a) it is hereby declared that enactment of this Act // 25
USC 861b // fulfills the requiremnts of the first proviso in section 2
of the Act of January 2, 1975 (88 Stat. 1920, 1921), with respect to the
Wyandotte Tribe of Oklahoma, the Ottawa Tribe of Oklahoma, and the
Peoria Tribe of Oklahoma.
(b) It si hereby declared that the organization of the Modoc Tribe of
Oklahoma as provided in sec. 3(a) of this Act shall fulfill the
requirements of the second proviso in section 2 of the Act of January 2,
1975 (88 Stat. 1920, 1921).
(c) Promptly after organization of the Modoc Tribe of Oklahoma, the
Secretary of the Interior shall publish a notice of such fact in the
Federal Register including a statement that such organization completes
fulfillment of the requirements of the provisos in section 2 of the Act
of January 2, 1975 (88 Stat. 1920, 1921), and that the land described in
section 1 of said Act is held in trust by the United States for the
eight tribes named in said Act.
Sec. 4. // 25 USC 861c. // The Wyandotte, Ottawa, Peoria, and Modoc
Tribes of Oklahoma and their members shall be entitled to participate in
the programs and services provided by the United States to Indians
because of thier status as Indians, including, but not limited to, those
under the Act of November 2, 1921 (42 Stat. 208; 25 U.S.C.13), and for
purposes of the Act of August 16, 1957 (71 Stat. 370; 42 U.S.C. 2005 -
2005 F). The members of such tribes shall be deemed to be Indains for
which hospital and medical care was being provided by or at the expense
of the Public Health Service on August 16, 1957.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 1019 accompanying H.R. 2497 (Comm. on Interior
and Insular Affairs).
SENATE REPORT No. 95 - 574 (Comm. on Indian Affairs).
CONGRESSIONAL RECORD:
Vol. 123 (1977): Nov. 3, considered and passed Senate. Apr.
11, H.R. 2497 considered and passed House; passage vacated; S.
661 passed in lieu with amendment.
Vol. 124 (1978): May 2, Senate concurred in House amendment.
PUBLIC LAW 95-280, 92 STAT. 244
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) the Secretary
of the Interior (herinafter in this Act referred to as the "secretary")
shall acquire through purchase or exchange the lands described in
subsection (b).
(b) The lands to be acquired under subsection (a) are lands in the
State of New Mexico upon which the Zuni Salt Lake is located and which
are more particularly described as follows: Lots 3 and 4, east half
southwest quarter, west half southeast quarter, section 30, township 3
north, range 18 west, lots 1 and 2, east half northwest quarter, wast
half northeast quarter, section 31, township 3 north, range 18 west,
southeast quarter southeast quarter, section 25, and east half northeast
quarter, section 36, township 3 north, range 19 west, all of the New
Mexico principal meridian, New Mexico, containing approximately 618.41
acres more or less.
(c) Title to the lands to be acquired under subsection (a) shall be
taken and held in trust in the name of the United States for the benefit
of the Zuni Indian Tribe of New Mexico (hereinafter in this Act referred
to as the "tribe"), and such lands shall be exempt from State and local
taxation.
Sec. 2. (a) Notwithstanding sections 2401 and 2501 of title 28,
United States Code, and section 12 of the Act of August 13, 1946 (60
Stat. 1052; 25 U.S.C. 70k), jurisdiction is hereby conferred upon the
United States Court of Claims to hear, determine, and render judgment on
any claims of the Zuni Indian Tribe of New Mexico against the United
States with respect to any lands or interests therin in the State of New
Mexico or the State of Arizona held by aboriginal title or otherwise
which were acquired from the tribe without payment of adequate
compensation by the United States: Provided, That jurisdiction is
conferred only with respect to claims accruing on or before August 13,
1946, and all such claims must be filed within three years after
approval of this Act. Such jurisdiction is conferred notwithstanding
any failure of the tribe to exhaust any available administrative
remedies.
(b) (1) Any award made to any Indian tribe other than the Zuni Indian
Tribe of New Mexico before, on, or after the date of the enactment of
this Act, under any judgment of the Indian Claims Commission or any
other authority, with respect any lands that are the subject of a claim
submitted by the tribe under subsection (a) shall not be considered as a
defense, estoppel, or setoff to such claim, and shall not otherwise
affect the entitlement to, or amount of, any relief with respect to such
claim.
(2) Any award made to the tribe pursuant to subsection (a) shall not
be considered as a defense, estoppel, or setoff to the claims pending
before the Indian Claims Commission on the date of the enactment of this
Act in docket 196 (filed August 3, 1951) and docket 229 (filed August 8,
1951), and shall not otherwise affect the entitlement to, or amount of,
any relief with respect such claims.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 953 accompanying H.R. 3787 (Comm. on Interior
and Insular Affairs). SENATE REPORT No. 95 - 111 (Comm. on Indian
Affairs).
CONGRESSIONAL RECORD:
Vol. 123 (1977): May 3, considered and passed Senate.
Vol. 124 (1978): Apr. 18, considered and passed House, amended
in lieu of H.R. 3787.
May 2, Senate concurred in House amendment.
PUBLIC LAW 95-279, 92 STAT. 240
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Sec. 101. Section 1001 of the Food and Agriculture Act of 1977 is
amended // 7 USC 1309 // by inserting "(a)" after the section
designation and adding a new subsection (b) as follows:
"(b) Notwithstanding any other provision of law, whenever a set-aside
is in effect for one or more of the 1978 through 1981 crops of wheat,
feed grains, and upland cotton, the Secretary may increase the
established price for any such commodity by the amount the Secretary
determines appropriate to compensate producers for participation in such
set-aside. In determining the amount of any such increase, the
Secretary shall take into account changes in the cost of production
resulting from participation in the set-aside involved. If the
established price is increased for any commodity for which a set-aside
is in effect, the Secretary may increase the established price for any
other commodity in such amount as the Secretary determines necessary for
effective operation of the program. The Secretary shall adjust any
increase in the established price to reflect, in whole or in part, any
land diversion payments for the crop for which an increase is
determined.".
Sec. 102. Effective only with respect to the 1978 through 1981 crops
of upland cotton, section 103(f) of the Agricultural Act of 1949 is
amended // 7 USC 1444. // by striking out the first sentence of
paragraph (1) and inserting in lieu thereof the following: " The
Secretary shall, upon presentation of warehouse receipts reflecting
accrued storage charges of not more than sixty days, make available for
the 1978 through 1981 crops of upland cotton to cooperators nonrecourse
loans for a term of ten months from the first day of the month in which
the loan is made at such level as will reflect for Strict Low Middling
one and one-sixteenth inch upland cotton (micronaire 3.5 through 4.9) at
average location in the United States the smaller of (i) 85 percent of
the average price (weighted by market and month) of such quality of
cotton as quoted in the designated United States spot markets during
three years of the five-year period ending July 31 in the year in which
the loan level is announced, excluding the year in which the average
price was the highest and the year in which the average price was the
lowest in such period, or (ii) 90 percent of the average, for the
fifteen-week period beginning July 1 of the year in which the loan level
is announced, of the five lowest priced growths of the growths quoted
for Strict Mddling one and one-sixteenth inch cotton C.I.F. Northern
Europe (adjusted downward by the average difference during the period
April 15 through October 15 of the year in which the loan is announced
between such average Northern Europe price quotation of such quality of
cotton and the market quotations in the designated United States spot
markets for Strict Low Middling one and one-sixteenth inch cotton
(micronaire 3.5 through 4.9)): Provided, That in no event shall such
loan level be less than 48 cents per pound. If for any crop the average
Northern Europe price determined under clause (ii) of the first snetence
of this paragraph is less than the average United States spot market
price determined under clause (i) of the first sentence of this
paragraph, the Secretary may, nothwithstanding the foregoing provisions
of this paragraph, increase the loan level to such level as the
Secretary may deem appropriate, not in excess of the average United
States spot market price determined under clause (i) of the first
sentence of this paragraph.".
Sec. 103. Sections 101 and 102 of this title // 7 USC 1309 // shall
become effective October 1, 1978, and any producers who, prior to such
date, receive loans and payments on the 1978 crop of the commodity as
computed under the Agricultural Act of 1949, // 7 USC 1421 // as amended
by the Food and Agriculture Act of 1977, may elect after September 30,
1978, to receive loans and payments as computed under this title.
Sec. 201. Title I of the Agricultural Act of 1949 is amended by
addiding at the end thereof a new section 112 as follows:
" Sec. 112. Notwithstanding any other provision of this Act--, // 7
USC 1445g. //
"(a) The Secretary may permit, subject to such terms and conditions
as the Secretary may prescribe, all or any part of the acreage set aside
or diverted from the production of a commodity for any crop year under
this title to be devoted to the production of any commodity (other than
the commodities for which acreage is being set aside or diverted) for
conversion into industrial hydrocarbons and blending with gasoline or
other fossil fuels for use as motor or industrial fuel, if the Secretary
determines that such production is desirable in order to provide an
adequate supply of commodities for such purpose, is not likely to
increase the cost of the price support programs, and will not adversely
affect farm income.
"(b)(1) During any year in which there is no set-aside or diversion
of acreage under this title, the Secretary may formulate and administer
a program for the production, subject to such terms and conditions as
the Secretary may prescribe, of commodities for conversion into
industrial hydrocarbons and blending with gasoline or other fossil fuels
for use as motor or industrial fuel, if the Secretary determines that
such production is desirable in order to provide an adequate supply of
commodities for such purpose, is not likely to increase the cost of the
price support programs, and will not adversely affect farm income.
Under the program, producers of wheat, feed grains, upland cotton, and
rice shall be paid incentive payments to devote a portion of their
acreage to the production of commodities for conversion into industrial
hydrocarbons and blending with gasoline or other fossil fuels for use as
motor or industrial fuel.
"(2) The payments under this subsection shall be at such rate or
rates as the Secretary determines to be fair and reasonable, taking into
consideration the participation necessary to ensure an adequate supply
of the agricultural commodities for conversion into industrial
hydrocarbons and blending with gasoline or other fossil fuels for use as
motor or industrial fuels.
"(3) The Secretary may issue such regulations as the Secretary deems
necessary to carry out the provisions of this subsection.
"(4) There are authorized to be appropriated such sums as may be
necessary to carry out the provisions of this subsection.
"(5) The provisions of this subsection shall become effective October
1, 1978.".
Sec. 301. (a) Section 4(i) of the Commodity Credit Corporation
Charter Act (15 U.S.C. 714b(i)) is amended by striking out
"$14,500,000,000" and inserting in lieu thereof "$25,000,000,000".
(b) Section 4 of the Act of March 8, 1938 (15 U.S.C. 713a-4), is
amended by striking out "$14,500,000,000" and inserting in lieu thereof
"$25,000,000,000".
(c) // 15 USC 714b // The increase in the borrowing authority of the
Commodity Credit Corporation made by this section shall be effective
only to the extent provided in appropriation Acts.
(d) The provisions of this section // 15 USC 713a-4 // shall become
effective October 1, 1978.
Sec. 401. // 7 USC 608c. // (a) Effective October 1, 1978, section
8c(6)(I) of the Agricultural Adjustment Act, as reenacted and amended by
the Agricultural Marketing Agreement Act of 1937, is amended by--,
(1) inserting "raisins," after "apples,"; and
(2) inserting ", raisins," after "with respect to almonds".
(b) // 7 USC 608c // Within a period of sixty days following the
second anniversary of the implementation of this section, the Secretary
of Agriculture shall submit to the Committee on Agriculture of the House
of Representatives and to the Committee on Agriculture, Nutrition, and
Forestry of the Senate a report that shall describe in detail how this
section has been implemented including, but not limited to, information
as to the issuance or amendment of any affected order, the annual amount
of assessments collected, in the aggregate and by size and class of
handler, the manner in which such assessments were collected, the amount
of direct expenditures credited against the pro rata expense assessment
obligations of each handler, and the purpose to which such assessments
and such direct expenditures of each such handler were devoted.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 95 - 641 (Comm. on Agriculture), No. 95 - 1044
(Comm. of Conference), and No. 95 - 1103 (comm. of Conference).
SENATE REPORTS: No. 95 - 699 (Comm. on Agriculture, Nutrition, and
Forestry) and No. 95 - 705 (Comm. on Appropriations).
CONGRESSIONAL RECORD:
Vol. 123 (1977): Oct. 31, considered and passed House.
Vol. 124 (1978): Mar. 21, considered and passed Senate,
amended, in lieu of S. 2481. Apr. 10, Sneate agreed to conference
report. Apr. 12, House rejected conference report. May 2, Senate
agreed to second conference report. May 4, House agreed to second
conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS: Vol. 14, No. 20
(1978): May 15, Presidential statement.
PUBLIC LAW 95-278, 92 STAT. 237
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Secretary of
the Interior is authorized to convey to the University of Nevada upon
its application the following lands located in the State of Nevada, or
any portion thereof, under the provisions of the Act of June 14, 1926,
as amended (44 Stat. 741, as amended; 43 U.S.C. 869), but
notwithstanding the acreage limitations in subsection (b) (ii) or the
limitation on disposition in the last sentence of subsection (c) of the
first section of that Act:
1. East half southwest quarter, section 7, township 24 north, range
48 east, 80 acres;
2. Southeast quarter northwest quarter, section 7, township 24 north,
range 48 east, 40 acres;
3. South half northeast quarter, section 7, township 24 north, range
48 east, 80 acres;
4. South half northwest quarter, section 8, township 24 north, range
48 east, 80 acres;
5. South half southeast quarter, section 8, township 24 north, range
48 east, 80 acres;
6. West half, section 16, township 24 north, range 48 east, 320
acres;
7. West half southeast quarter, section 16, township 24 north, range
48 east, 80 acres;
8. Southwest quarter northeast quarter, section 16, township 24
north, range 48 east, 40 acres;
9. Entire, section 17, township 24 north, range 48 east, 640
acres;
10. Northeast quarter northwest quarter, section 18, township 24
north, range 48 east, 40 acres;
11. North half northeast quarter, section 18, township 24 north,
range 48 east, 80 acres;
12. Northwest quarter northwest quarter, section 20, township 24
north, range 48 east, 40 acres;
13. East half northwest quarter, section 20, township 24 north, range
48 east, 80 acres;
14. East half, section 20, township 24 north, range 48 east, 320
acres;
15. West half, section 21, township 24 north, range 48 east, 320
acres;
16. West half northeast quarter, section 21, township 24 north, range
48 east, 80 acres;
17. Northwest quarter southeast quarter, section 21, township 24
north, range 48 east, 40 acres;
18. West half, section 28, township 24 north, range 48 east, 320
acres;
19. East half, section 29, township 24 north, range 48 east, 320
acres;
20. South half northwest quarter, section 4, township 23 north, range
48 east, 80 acres;
21. Southwest quarter, section 4, township 23 north, range 48 east,
160 acres;
22. West half southwest quarter, section 5, township 23 north, range
48 east, 80 acres;
23. Southwest quarter northwest quarter, section 5, township 23
north, range 48 east, 40 acres;
24. East half southeast quarter, section 7, township 23 north, range
48 east, 80 acres;
25. West half west half, section 8, township 23 north, range 48 east,
160 acres;
26. East half east half, section 8, township 23 north, range 48 east,
160 acres;
27. Southwest quarter, section 9, township 23 north, range 48 east,
160 acres;
28. South half northwest quarter, section 9, township 23 north, range
48 east, 80 acres;
29. Northwest quarter northwest quarter, section 9, township 23
north, range 48 east, 40 acres;
30. West half, section 16, township 23 north, range 48 east, 320
acres;
31. East half east half, section 17, township 23 north, range 48
east, 160 acres;
32. West half west half, section 17, township 23 north, range 48
east, 160 acres;
33. East half, section 18, township 23 north, range 48 east, 320
acres;
34. Lots 3 and 4, east half, southwest quarter, section 19, township
23 north, range 48 east, 110.79 acres;
35. West half southeast quarter, section 19, township 23 north, range
48 east, 80 acres;
36. Northeast quarter, section 19, township 23 north, range 48 east,
160 acres;
37. West half northwest quarter, section 20, township 23 north, range
48 east, 80 acres;
38. East half southwest quarter, section 20, township 23 north, range
48 east, 80 acres;
39. Southeast quarter, section 20, township 23 north, range 48 east,
160 acres;
40. East half northeast quarter, section 20, township 23 north, range
48 east, 80 acres;
41. West half west half, section 21, township 23 north, range 48
east, 160 acres;
42. Northeast quarter, section 29, township 23 north, range 48 east,
160 acres;
43. West half southeast quarter, section 29, township 23 north, range
48 east, 80 acres;
44. West half, section 29, township 23 north, range 48, east 320
acres;
45. Entire, section 30, township 23 north, range 48 east, 542.28
acres;
46. Entire, section 31, township 23 north, range 48 east, 543.44
acres;
47. Northwest quarter, section 32, township 23 north, range 48 east,
160 acres.
Sec. 2. No conveyance shall be made under this Act unless
application therefor by the University of Nevada is received by the
Secretary of the Interior within one year of the effective date of this
Act.
Sec. 3. The land conveyed by this Act shall be used for the
establishment and operation of a rangeland research station and for the
conduct of associated experimental range management and improvement
programs. The patent or other document of conveyance issued pursuant to
this Act shall incorporate the limitation set forth in this section and
shall provide that title to the land shall revert to the United States
if the land is used for any other purpose.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 1006 (Comm. on Interior and Insular Affairs).
SENATE REPORT No. 95 - 521 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD:
Vol. 123 (1977): Oct. 27, considered and passed Senate.
Vol. 124 (1978): May 1, considered and passed House.
PUBLIC LAW 95-277, 92 STAT. 236
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the first paragraph
of the first section of the Act entitled " An Act to create a Library of
Congress Trust Fund Board, and for other purposes", approved March 3,
1925 (2 U.S.C. 154), is amended by inserting after " Secretary of the
Treasury" the following: "(or an Assistant Secretary designated in
writing by the Secretary of the Treasury)".
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 1067 (Comm. on House Administration).
SENATE REPORT No. 95 - 616 (Comm. on Rules and Administration).
CONGRESSIONAL RECORD, Vol. 124 (1978):
Jan. 27, considered and passed Senate.
May 1, considered and passed House.
PUBLIC LAW 95-276, 92 STAT. 235
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the vacancy in the Board
of Regents of the Smithsonian Institution, of the class other than
Members of Congress, casused by the resignation of Robert Francis Gohenn
of New Jersey on May 14, 1977, be filled by the appointment of Anne
Legendre Armstrong of Tesax for the staturoty term of six years.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 1066 (Comm. on House Administration)
SENATE REPORT No. 95 - 664 (Comm. on Rules and Administration).
CONGRESSIONAL RECORD, Vol. 124 (1978):
Mar. 6, considered and passed Senate.
May 1, considered and passed House.
PUBLIC LAW 95-275, 92 STAT. 234
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the vacancy in the Board
of Regents of the Smithsonian Insitution, of the class other than
Members of Congress, which will occur by the expiration of the term of
John Paul Austin of Georgia on May 11, 1978 be filled by the
reappointment of the present incumbent for the statutory term of six
years.
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 95 - 1065 (Comm. on House Administration).
SENATE REPORT No. 95 - 663 (Comm. on Rules and Administration).
CONGRESSIONAL RECORD, Vol. 124 (1978):
Mar. 6, considered and passed Seante.
May 1, considered and passed House.
PUBLIC LAW 95-274, 92 STAT. 233
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the vacancy in the Board
of Regents of the Smithsonian Institution, of the class other than
Members of Congress, which will occur by the expiration of the term of
A. Leon Higginbotham, Junior, of Pennsylvania on May 11, 1978, be filled
by the reappointment of the present incumbent for the statutory term of
six years.
LEGISRATIVE HISTORY:
HOUSE REPORT No. 95 - 1064 (Comm. on House Administration).
SENATE REPORT No. 95 - 662 (Comm. on Rules and Administration)
CONGRESSIONAL RECORD, Vol. 124 (1978):
Mar. 6, considered and passed Senate.
May 1, considered and passed House.
PUBLIC LAW 95-273, 92 STAT. 228, NATIONAL OCEAN POLLUTION RESEARCH
AND DEVELOPMENT AND MONITORING PLANNING ACT OF 1978
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act // 33 USC
1701 // may be cited as the " National Ocean Pollution Research and
Development and Monitoring Planning Act of 1978".
SEC. 2. // 33 USC 1701. // FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds and declares the following:
(1) Man's activities in the marine environment can have a
profound short-term and long-term impact on such environment and
greatly affect ocean and coastal resources therein.
(2) There is a need to establish a comprehensive Federal plan
for ocean pollution research and development and monitoring, with
particular attention being given to the inputs, fates, and effects
of pollutatnts in the marine environment.
(3) Man will increasingly be forced to rely on ocean and
coastal resources as other resources are depleted. Our ability to
protect, preserve, develop, and utilize these ocean and coastal
resources is directly related to our understanding of the effects
which ocean pollution has upon such resources.
(4) Numerous departments, agencies, and instrumentalities of
the Federal Government sponsor, support, or fund activities
relating to ocean pollution research and development and
monitoring. However, such activities are often uncoordinated and
can result in unnecessary duplication.
(5) Better planning and more effective use of available funds,
personnel, vessels, facilities, and equipment is the key to
effective Federal action regarding ocean pollution research and
development and monitoring.
(b) Purposes.--It is therefore the purpose of the Congress in this
Act--,
(1) to establish a comprehensive 5-year plan for Federal ocean
pollution research and development and monitoring programs in
order to provide planning for, coordination of, and dissemination
of information with respect to such programs within the Federal
Government;
(2) to develop the necessary base of information to support,
and to provide for, the rational, efficient, and equitable
utilization, conservation, and development of ocean and coastal
resources; and
(3) to designate the National Oceanic and Atmospheric
Administration as the lead Federal agency for preparing the plan
referred to in paragraph (1) and to require the Administration to
carry out a comprehensive program of ocean pollution research and
development and monitoring under the plan.
SEC. 3. // 33 USC 1702. // DEFINITIONS.
As used in this Act, unless the context otherwise requires--,
(1) The term " Administration" means the National Oceanic and
Atmospheric Administration.
(2) The term " Administrator" means the Administrator of the
Administration.
(3) The term " Director" means the Director of the Office of
Science and Technology Policy in the Executive Office of the
President.
(4) The term "marine environment" means the coastal zone (as
defined in section 304 (1) of the Coastal Zone Management Act of
1972 (16 U.S.C. 1453 (1))); the seabed, subsoil, and waters of
the territorial sea of the United States; the waters of any zone
over which the United States asserts exclusive fishery management
authority; the waters of the high seas; and the seabed and
subsoil of and beyond the Outer Continental Shelf.
(5) The term "ocean and coastal resource" has the same meaning
as is given such term in section 203 (7) of the National Sea Grant
Program Act (33 U.S.C. 1122 (7)).
(6) The term "ocean pollution" means any short-term or
long-term change in the marine environment.
SEC. 4. // 33 USC 1703. // COMPREHENSIVE FEDERAL PLAN RELATING TO
OCEAN POLLUTION.
(a) Lead Agency for Plan.--The Administrator, in consultation with
the Director and other appropriate Federal officials having authority
over ocean pollution research and development and monitoring programs,
shall prepare, in accordance with this section, a comprehensive 5-year
plan (hereinafter in this Act referred to as the " Plan") for the
overall Federal effort in ocean pollution research and development and
monitoring. The Plan shall be prepared and submitted to Congress and
the President on or before February 15, 1979, and a revision of the Plan
shall be prepared and so submitted by February 15 of each odd-numbered
year occurring after 1979.
(b) Content of Plan.--The Plan shall contain, but need not be limited
to, the following elements:
(1) Assessment and ordering of national needs and problems.
--The Plan shall--,
(2) EXISTING federal capability.--The Plan shall contain--,
(A) a detailed listing of all existing Federal
programs
relating to ocean pollution research and development
and
monitoring (including, but not limited to, general
research on
marine ecosystems), which listing shall include, with
respect
to each such program--,
(3) Policy RECOMMENDATIONS. --If it is determined, as a result
of the analysis required to be made under paragraph (2) (B), that
the priorities set forth pursuant to paragraph (1) (B) will not be
adequately met during the Plan period using the existing Federal
capability described pursuant to paragraph (2) (A), the Plan shall
contain those recommendations for changes in the overall Federal
effort in ocean pollution research and development and monitoring
which would ensure that those priorities are adequately met during
the Plan period. Such recommendations may include, but need not
be limited to--,
(4) Budget review.--The Plan shall contain a description of
actions taken by the Administrator and the Director to coordinate
the budget review process for the purpose of ensuring interagency
coordination and cooperation in (A) the carrying out of Federal
ocean pollution research and development and monitoring programs;
and (B) eliminating unnecessary duplication of effort among such
programs.
(c) For purposes of this section, the term " Plan period" means--,
(1) with respect to the Plan as required to be submitted on
February 15, 1979, the period of 5 fiscal years beginning on
October 1, 1978; and
(2) with respect to each revision of the Plan, the period of 5
fiscal years beginning on October 1 of the year before the year in
which the revision is required to be prepared under subsection
(a).
SEC. 5. // 33 USC 1704. // COMPREHENSIVE OCEAN POLLUTION PROGRAM IN
THE ADMINISTRATION.
(a) Establishment of Program.--The Administrator shall establish
within the Administration a comprehensive, coordinated, and effective
ocean pollution research and development and monitoring program. The
Administrator shall carry out all projects and activities under the
program in a manner consistent with the Plan.
(b) Content of the Program.--The program required to be established
under subsection (a) shall include, but not be limited to--,
(1) all projects and activities relating to ocean pollution
research and development and monitoring for which the
Administrator has responsibility under provisions of law
(including, but not limited to, title II of the Marine Protection,
Research, and Sanctuaries Act of 1972 (33 U.S.C. 1441 - 1444))
other than paragraph (2);
(2) such projects and activities addressed to the priorities
set forth in the Plan pursuant to section 4 (b) (1) (B) that can
be appropriately conducted within the Administration; and
(3) the provision of financial assistance under section 6.
SEC. 6. // 33 USC 1705. // FINANCIAL ASSISTANCE.
(a) Grants and Contracts.--The Administrator may provide financial
assistance in the form of grants or contracts for research and
development and monitoring projects or activities which are needed to
meet priorities set forth in the Plan pursuant to section 4 (b) (1) (B),
if such priorities are not being adequately addressed by any Federal
department, agency, or instrumentality.
(b) Applications for Assistance.--Any person, including institutions
of higher education and departments, agencies, and instrumentalities of
the Federal Government or of any State or political subdivision thereof,
may apply for financial assistance under this section for the conduct of
projects and activities described in subsection (a), and, in addition,
specific proposals may be invited. Each application for financial
assistance shall be made in writing in such form and manner, and contain
such information, as the Administrator may require. The Administrator
may enter into contracts under this section without regard to section
3709 of the Revised Statutes of the United States (41 U.S.C. 5).
(c) Existing Programs.--The projects and activities supported by
grants or contracts made or entered into under this section shall, to
the maximum extent practicable, be administered through existing Federal
programs (including, but not limited to, the National Sea Grant Program)
concerned with ocean pollution research and development and monitoring.
(d) Action by Administrator.--The Administrator shall act upon each
application for a grant or contract under this section within six months
after the date on which all required information is received by the
Administrator from the applicant. Each grant made or contract entered
into under this section shall be subject to such terms and conditions as
the Secretary deems necessary in order to protect the interests of the
United States. The total amount paid pursuant to any such grant or
contract may, in the discretion of the Administrator, be up to 100
percent of the total cost of the project or activity involved.
(e) Records.--Each recipient of financial assistance under this
section shall keep such records as the Administrator shall prescribe,
including records which fully disclose the amount and disposition by
such recipient of the proceeds of such assistance, the total cost of the
project or activity in connection with which such assistance was given
or used, the amount of that portion of the cost of the project or
activity which was supplied by other sources, and such other records as
will facilitate an effective audit. Such records shall be maintained
for three years after the completion of such project or activity. The
Administrator and the Comptroller General of the United States, or any
of their duly authorized representatives, shall have access, for the
purpose of audit and examination, to any books, documents, papers, and
records of receipts which, in the opinion of the Administrator or of the
Comptroller General, may be related or pertinent to such financial
assistance.
SEC. 7. // 33 USC 1706. // INTERAGENCY COOPERATION.
The head of each department, agency, or other instrumentality of the
Federal Government which is engaged in or concerned with, or which has
authority over, programs relating to ocean pollution research and
development and monitoring--,
(1) shall cooperate with the Administrator in carrying out the
purposes of this Act;
(2) may, upon written request from the Administrator or
Director, make available to the Administrator or Director, on a
reimbursable basis or otherwise, such personnel (with their
consent and without prejudice to their position and rating),
services, or facilities as may be necessary to assist the
Administrator or the Director to achieve the purposes of this Act;
and
(3) shall, upon a written request from the Administrator or
Director, furnish such data or other information as the
Adminnistrator or Director deems necessary to fulfill the purposes
of this Act.
SEC. 8. // 33 USC 1707. // DISSEMINATION OF INFORMATION.
The Administrator shall ensure that the results, findings, and
information regarding ocean pollution research and development and
monitoring programs conducted or sponsored by the Federal Government be
disseminated in a timely manner, and in useful forms, to relevant
departments, agencies, and instrumentalities of the Federal Government,
and to other persons having an interest in ocean pollution research and
development and monitoring.
SEC. 9. // 33 USC 1708. // EFFECT ON OTHER LAWS.
Nothing in this Act shall be construed to amend, restrict, or
otherwise alter the authority of any Federal department, agency, or
instrumentality, under any law, to undertake research and development
and monitoring relating to ocean pollution.
SEC. 10. // 33 USC 1709. // AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Administration for the
purposes of carrying out this Act not to exceed $5,000,000 for the
fiscal year ending September 30, 1979.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 95 - 626 pt. 1 (Comm. on Science and Technology)
and 95 - 626 pt. 2 (Comm. on Merchant Marine and Sisheries).
CONGRESSIONAL RECORD:
Vol. 123 (1977): Aug. 3, considered and apssed Senate.
Vol. 124 (1978): Feb. 28, considered and passed House,
amended.
April 24, Senate agreed to House amendment.
PUBLIC LAW 95-272, 92 STAT. 222, WHITE HOUSE CONFERENCES ON ARTS AND
HUMANITIES
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled,
Sec. 101. This title may be referred to as the "1979 White House
Conference on the Arts Act". // 20 USC 951. //
Sec. 102. // 20 USC 951. // The Congress hereby finds and
declares--,
(1) that the development and encouragement of arts activity in
the United States are of the utmost importance to the Nation's
life and heritage;
(2) that concern for the quality of life in the United States
requires constant dedication, planning, and reflection on the
state of the arts in the Nation;
(3) that the arts have an increasingly significant impact on
the economic sector of our society;
(4) that it is appropriate to encourage the maximum and
broadest participation by the Nation's citizenry, including, but
not limited to, artists, knowledgeable citizens and other
interested persons, representatives of State and local
governments, labor, agriculture, business and industry, educators
(including art educators) and experts in all fields of the arts,
in the process of insuring needed support for the arts among all
parties concerned at Federal, State, and local levels; and
(5) that in order to implement these findings, it is desirable
to call a White House Conference on the Arts.
Sec. 103. // 20 USC 951. // (a) The President shall call a White
House Conference on the Arts to be held no later than December 31, 1979.
The purposes of the Conference shall be to help develop a climate in
which the arts can flourish, and recommendations to formulate an
assessment of problems and issues relating to the arts, and to develop
recommendations relating to the appropriate growth of the arts in all
parts of the Nation.
(b) The Conference shall be planned and conducted under the direction
of a Presidentially appointed National Conference Planning Council on
the Arts headed by a Chairman (appointed by the President) from among
the members of the Council. Each department and agency of the Federal
Government shall provide such cooperation and assistance to the Council,
including the assignment of personnel; as may reasonably be required by
the Council.
Sec. 104. // 20 USC 951. // (a) There is hereby established a
National Conference Planning Council on the Arts. The Council shall be
composed of 15 members appointed by the President. The Council shall
provide guidance and planning for the Conference.
(b) (1) Any member of the Council who is otherwise employed by the
Federal Government shall serve without compensation in addition to
compensation received in his regular employment.
(2) Members of the Council, other than any member referred to in
paragraph (1), shall receive pay at rates not to exceed the daily rate
in effect for GS-18 in section 5332 of title 5, United States Code, for
each day they are engaged in the performance of their duties (including
time engaged in travel). While so serving away from their homes or
regular places of business, such members shall be allowed travel
expenses, including per diem in lieu of subsistence, in the same manner
as authorized in section 5703 of title 5, United States Code, for
persons in Government service employed intermittently.
(c) The Council shall cease to exist 180 days, unless extended by the
President, but in no event a period not to exceed one year, after the
submission of the report required in section 105.
Sec. 105. // 20 USC 951. // A report of the Conference shall be
submitted by the Council to the President and to the Congress no later
than 180 days following the date on which the Conference is called and
shall include recommendations for any legislative action necessary to
implement the recommendations in the required report. The report shall
immediately be made available to the public.
Sec. 106. In carrying out the provisions of this title, // 20 USC
951. // the Council and the Chairman shall--,
(1) request the cooperation and assistance of such other
Federal departments and agencies as may be appropriate, including
Federal advisory bodies having responsibilities in areas affecting
the arts;
(2) render all reasonable assistance, including financial
assistance, to the States in enabling them to organize and conduct
conferences on the arts before the Conference;
(3) prepare and make available necessary background materials
for the use of delegates to the Conference;
(4) prepare and distribute such interim reports of the
Conference as may be appropriate; and
(5) appoint such individuals as may be necessary without regard
to the provisions of title 5, United States Code, governing
appointments in the competitive civil service, and without regard
to chapter 51 and subchapter III of chapter 53 of such title
// 5 USC 5101, 5331. //
relating to classification and General Schedule pay rates, but at
rates of pay not to exceed the rate prescribed for GS-18 in
section 5332 of such title.
Sec. 107. // 20 USC 951. // From any sums appropriated under
section 108, the Chairman, with the approval of the Council, may make a
grant to each State, upon application by the State arts agency of the
State, in order to assist in defraying the costs of the State in
participating in the Conference program, including the conduct of at
least one conference within the State: Provided, That broad and maximum
public participation is assured by such State arts agency which would
include, but not be limited to, artists, knowledgeable citizens and
other interested persons, representatives of State and local government,
labor, agriculture, business and industry, educators (including art
educators), and experts in all fields of the arts.
Sec. 108. // 20 USC 951. // There are authorized to be appropriated
such sums as may be necessary to carry out the provisions of this title.
Sec. 109. // 20 USC 951. // For purposes of this title--,
(1) the term " Chairman" means the Chairman of the National
Conference Planning Council on the Arts;
(2) the term " Conference" means the White House Conference on
the Arts;
(3) the term " Council" means the National Conference Planning
Council on the Arts;
(4) the term " State" means the several States, the District of
Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin
Islands, the Trust Territory of the Pacific Islands, the Northern
Marianas, and any other territory or possession of the United
States; and
(5) the term "arts" includes, but is not limited to, music
(instrumental and vocal), dance, drama, theater, folk, art,
creative writing, architecture and allied fields, painting,
sculpture, photography, graphic and craft arts, industrial design,
costume and fashion design, motion pictures, television, radio,
tape, and sound recording, and the arts related to the
presentation, performance, execution, and exhibition of such major
art forms.
Sec. 201. This title may be cited as the "1979 White House
Conference on the Humanities Act". // 20 USC 951. //
Sec. 202. // 20 USC 951. // The Congress hereby finds and
declares--,
(1) that the development and encouragement of national strength
in the humanities is of the utmost importance of the life and
heritage of the United States;
(2) that concern for the vitality of democratic institutions,
the character of national policies, and the application of out
national heritage to the needs of the present and future requires
full commitment to, planning for, and reflection on the role of
the humanities in national life;
(3) that the humanities make an increasingly significant
contribution to public and private decisions having major social
and economic impact;
(4) that the relationship of the humanities to the health and
pluralism of the Nation's culture and system of education is of
fundamental importance;
(5) that it is appropriate to encourage the maximum and
broadest participation by the Nation's citizenry, including
knowledgeable citizens and other interested persons, State and
local government, institutions and organizations in the
humanities, representatives of labor, agriculture, business and
industry, educators, scholars, and other participants in all
fields of the humanities in the process of insuring needed support
among all parties concerned at Federal, State, and local levels;
(6) that in order to implement these findings, it is desirable
to call a White House Conference on the Humanities.
Sec. 203. // 20 USC 951. // (a) The President shall call a White
House Conference on the Humanities to be held no later than December 31,
1979. The purpose of the Conference shall be to help develop a climate
in which the humanities can flourish, to formulate an assessment of
problems and issues relating to the humanities, and to develop
recommendations relating to strengthening the humanities in all parts of
the Nation.
(b) The Conference shall be planned and conducted under the direction
of a Presidentially appointed National Planning Council on the
Humanities headed by a Chairman (appointed by the President) from among
the members of the Council. Each department and agency of the Federal
Government shall provide such cooperation and assistance to the Council,
including the assignment of personnel, as may reasonably be required by
the Council.
Sec. 204. // 20 USC 951. // (a) There is hereby established a
National Planning Council on the Humanities. The Council shall be
composed of 15 members appointed by the President. The Council shall
provide guidance and planning for the Conference.
(b) (1) Any member of the Council who is otherwise employed by the
Federal Government shall serve without compensation in addition to
compensation received in his regular employment.
(2) Members of the Council, other than any member referred to in
paragraph (1), shall receive pay at rates not to exceed the daily rate
in effect for GS-18 in section 5332 of title 58, United States Code, for
each day they are engaged in the performance of their duties including
time engaged in travel). While so serving away from their homes or
regular places of business, such members shall be allowed travel
expenses, including per diem in lieu of subsistence, in the same manner
as authorized in section 5703 of title 5, United States Code, for
persons in Government service employed intermittently.
(c) The Council shall cease to exist 180 days, unless extended by the
President, but in no event a period not to exceed one year, after the
submission of the report required in section 205.
Sec. 205. // 20 USC 951. // A report of the Conference shall be
submitted by the Council to the President and to the Congress no later
than 180 days following the date on which the Conference is called and
shall include recommendations for any legislative action necessary to
implement the recommendations in the required report. The report shall
immediately be made available to the public.
Sec. 206. // 20 USC 951. // In carrying out the provisions of this
title, the Council and the Chairman shall--,
(1) request the cooperation and assistance of such other
Federal departments and agencies as may be appropriate, including
Federal advisory bodies having responsibilities in areas affecting
the humanities;
(2) render all reasonable assistance, including financial
assistance, to the States in enabling them to organize and conduct
conferences on the humanities before the Conference;
(3) prepare and make available necessary background materials
for the use of delegates to the Conference;
(4) prepare and distribute such interim reports of the
Conference as may be appropriate; and
(5) appoint such individuals as may be necessary without regard
to the provisions of title 5, United States Code, governing
appointments in the competitive civil service, and without regard
to chapter 51 and subchapter III of chapter 53 of such title // 5
USC 5101, 5331. // relating to classification and General Schedule
pay rates, but at rates of pay not to exceed the rate prescribed
for GS-18 in section 5332 of such title.
Sec. 207. // 20 USC 951. // (a) From any sums appropriated under
section 208, the Chairman with the approval of Council, may make a grant
to each State, upon application by the State humanities entity of the
State, in order to assist in defraying the costs of the State in
participating in the Conference program, including the conduct of at
least one conference within the State: Provided, That the broadest and
maximum public participation is assured by such State humanities entity
which would include, but would not be limited to, knowledgeable citizens
and other interested persons, State and local government, institutions
and organizations in the humanities, representatives of labor,
agriculture, business and industry, educators, scholars, and other
participants in all fields of the humanities.
Sec. 208. // 20 USC 951. // There are authorized to be appropriated
such sums as may be necessary to carry out the provisions of this title.
Sec. 209. // 20 USC 951. // For purposes of this title--,
(1) the term " Chairman" means the Chairman of the National
Planning Council on the Humanities;
(2) the term " Conference" means the White House Conference on
the Humanities;
(3) the term " Council" means the National Planning Council on
the Humanities;
(4) the term " State" means the several States, the District of
Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin
Islands, the Trust Territory of the Pacific Islands, the Northern
Marianas, and any other territory or possession of the United
States; and
(5) the term "humanities" includes, but is not limited to, the
study of the following: language, both modern and classical;
linguistics; literature; history; jurisprudence; philosophy;
archeology; comparative religion; ethics; the history,
criticism, theory, and practice of the arts; those aspects of the
Social sciences which have humanistic content and employ
humanistic methods; and the study and application of the
humanities to the human environment with particular attention to
the relevance of the humanities to the current conditions of
national life.
Sec. 301. (a) Section 804 of the Education Amendments of 1974 (20 U.
S.C. 1221 - 1 note) is amended by striking out "1977" each place it
appears therein and inserting in lieu thereof "1980".
(b) Section 804 (e) of the Education Amendments of 1974 (20 U.S.C.
1221 - 1 note) is amended by striking out " June 30, 1978" and inserting
in lieu thereof " September 30, 1981".
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 887 (Comm. on Education and Labor).
SENATE REPORT No. 95 - 736 (Comm. on Human Resources).
CONGRESSIONAL RECORD, Vol. 124 (1978):
Feb. 21, considered and passed House.
Apr. 1, considered and passed Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 14, No. 18: May
3, Presidential statement.
PUBLIC LAW 95-271, 92 STAT. 221
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the second
paragraph of section 112(c) of title 28, United States Code, is amended
to read as follows:
" Court for the Eastern District shall be held at Brooklyn and
Hempstead (including the village of Uniondale).".
Sec. 2. The United States District Court for the Eastern District of
New York, by order made anywhere within its district, may pretermit the
regular session of court at Hempstead until Federal quarters and
accommodations are available and ready for occupancy, except that for
the entire period and such pretermission, a special session of the court
shall be held at Westbury. Pretermission may be ordered without regard
to the provisions of section 140(a) of title 28, United States Code.
Sec. 3. Notwithstanding the provisions of section 142 of title 28,
United States Code, the Administrator of General Services, at the
request of the Director of the Administrative Office of the United
States Courts, shall continue to provide existing quarters and
accommodations at Westbury for the duration of the special session held
pursuant to section 2 of this Act. Appropriations to the judicial
branch of Government shall be available to the Director to make
necessary disbursements for such quarters and accommodations, and to pay
user charges as required by section 210 of the Federal Property and
Administrative Services Act of 1949, as amended (40 U.S.C. 490), at
rates otherwise authorized by law.
Sec. 4. Notwithstanding the provisions of section 456 of title 28,
United States Code, any judge, and any officer or employee of the
judicial branch, whose official station is, on the day before the date
of enactment of this Act, Westbury, may maintain that official station
for the duration of the special session held pursuant to section 2 of
this Act.
Sec. 5. The Director of the Administrative Office of the United
States Courts may pay travel and transportation expenses in accordance
with subchapter II, chapter 57 of title 5, United States Code, to any
officer or employee of the judicial branch whose official station
changes as a consequence of this Act and who relocates his residence
incident to such change of official station.
LEGISLATIVE HISTORY:
SENATE REPORT No. 95 - 728 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 124 (1978):
Apr. 12, considered and passed Senate.
Apr. 25, considered and passed House.
PUBLIC LAW 95-270, 92 STAT. 220, HUBERT HUMPHREY INSTITUTE OF PUBLIC
AFFAIRS AND THE EVERRET MCKINLEY, DIRKSEN CONGRESSIONAL LEADERSHIP
RESEARCH CENTER ASSISTANCE ACT.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may be
cited as the " Hubert H. Humphrey Institute of Public Affairs and the
Everett Mc Kinley Dirksen Congressional Leadership Research Center
Assistance Act". // 20 USC 2566 //
Sec. 2. (a) In recognition of the public service of Senator Hubert
H. Humphrey, the Commissioner of Education (hereafter in this Act
referred to as the " Commissioner") is authorized to make grants in
accordance with the provisions of this Act to assist in the development
of the Hubert H. Humphrey Institute of Public Affairs, located at the
University of Minnesota, Minneapolis-Saint Paul.
(b) In recognition of the public service of Senator Everett Mc Kinley
Dirksen, the Commissioner is authorized to make grants in accordance
with the provisions of this Act to assist in the developmeny of the
Everett Mc Kinley Dirksen Congressional Leadership Research Center,
located in Pekin, Illinois.
Sec. 3. No payment may be made under this Act // 20 USC 2568. //
except upon an application at such time, in such manner, and containing
or accompanied by such information as the Commissioner may require.
Sec. 4. (a) There are authorized to be appropriated such sums, not
to exceed $5,000,000, as may be necessary to carry out the provisions of
section 2(a) of this Act. // 20 USC 2569 //
(b) There are authorized to be appropriated such sums, not to exceed
$2,500,000, as may be necessary to carry out the provisions of section
2(b) of this Act.
(c) Funds appropriated pursuant to this Act shall remain available
until expended.
(d) This Act // 20 USC 2566 // shall take effect October 1, 1978.
LEGISLATIVE HISTORY:
SENATE REPORT No. 95 - 706 (Comm. on Human Resources).
CONGRESSIONAL RECORD, Vol. 124 (1978):
Mar. 22, considered and passed Senate.
Apr. 18, considered and passed House, amended.
Apr. 19, Senate concurred in House amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 14, No. 17: Apr.
27, Presidential statement.
PUBLIC LAW 95-269, 92 STAT. 218
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 3 of the
Act of August 11, 1888 (25 Stat. 423; 33 U.S.C. 622), is amended to
read as follows:
" Sec. 3. (a) The Secretary of the Army, acting through the Chief of
Engineers (hereinafter referred to as the ' Secretary'), in carrying out
projects for improvement of rivers and harbors (other than surveys,
estimates, and gagings) shall, by contract or otherwise, carry out such
work in the manner most economical and advantageous to the United
States. The Secretary shall have dredging and related work done by
contract if he determines private industry has the capability to do such
work and it can be done at reasonable prices and in a timely manner.
During the four-year period which begins on the date of enactment of
this subsection, the Secretary may limit the application of the second
sentence of this subsection for work for which the federally owned fleet
is available to achieve an orderly transition to full implementation of
this subsection.
"(b) As private industry reasonably demonstrates its capability under
subsection (a) to perform the work done by the federally owned fleet, at
reasonable prices and in a timely manner, the federally owned fleet
shall be reduced in an orderly manner, as determined by the Secretary,
by retirement of plant. To carry out emergency and national defense
work the Secretary shall retain only the minimum federally owned fleet
capable of performing such work and he may exempt from the provisions of
this section such amount of work as he determines to be reasonably
necessary to keep such fleet fully operational, as determined by the
Secretary, after the minimum fleet requirements have been determined.
Notwithstanding the preceding sentence, in carrying out the reduction of
the federally owned fleet, the Secretary may retain so much of the
federally owned fleet as he determines necessary, for so long as he
determines necessary, to insure the capability of the Federal Government
and private industry together to carry out projects for improvements of
rivers and harbors. For the purpose of making the determination
required by the preceding sentence the Secretary shall not exempt any
work from the requirements of this section. The minimum federally owned
fleet shall be maintained to technologically modern and efficient
standards, including replacement as necessary. The Secretary is
authorized and directed to undertake a study to determine the minimum
federally owned fleet required to perform emergency and national defense
work. The study, which shall be submitted to Congress within two years
after enactment of this subsection, shall also include preservation of
employee rights of persons presently employed on the existing federally
owned fleet.".
Sec. 2. Section 8 of the Act of March 2, 1919 (40 Stat. 1290; 33
U.S.C. 624), is amended to read as follows:
" Sec. 8. (a) No works of river and harbor improvement shall be done
by private contract--,
"(1) if the Secretary of the Army, acting through the Chief of
Engineers, determines that Government plant is reasonably
available to perform the subject work and the contract price for
doing the work is more than 25 per centum in excess of the
estimated comparable cost of doing the work by Government plant;
or
"(2) in any other circumstance where the Secretary of the Army,
acting through the Chief of Engineers, determines that the
contract price is more than 25 per centum in excess of what he
determines to be a fair and reasonable estimated cost of a
well-equipped contractor doing the work.
"(b) In estimating the comparable cost of doing the work under
subsection (a)(1) by Government plant the Secretary of the Army, acting
through the Chief of Engineers shall, in addition to the cost of labor
and materials, take into account proper charges for depreciation of
plant, all supervising and overhead expenses, interest on the capital
invested in the Government plant (but the rate of interest shall not
exceed the maximum prevailing rate being paid by the United States on
current issues of bonds or other evidences of indebtedness) and such
other Government expenses and charges as the Chief of Engineers
determines to be appropriate.
"(c) In determining a fair and reasonable estimated cost of doing
work by private contract under subsection (a)(2), the Secretary of the
Army, acting through the Chief of Engineers, shall, in addition to the
cost of labor and materials, take into account proper charges for
depreciation of plant, all expenses for supervision, overhead, workmen's
compensation, general liability insurance, taxes (State and local),
interest on capital invested in plant, and such othe expenses and
charges the Secretary of the Army, acting through the Chief of
Engineers, determines to be appropriate.".
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 605 (Comm. on Public Works and Transportation).
SENATE REPORT No. 95 - 722 (Comm. on Environment and Public Works).
CONGRESSIONAL RECORD:
Vol. 123 (1977): Sept, 27, considered and passed House.
Vol. 124 (1978): Apr. 5, considered and passed Senate,
amended.
Apr. 13, House agreed to Senate amendments.
PUBLIC LAW 95-268, 92 STAT. 213, OVERSEAS PRIVATE INVESTMENT
CORPORATION AMENDMENTS ACT of 1978
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Section 1. This Act may be cited as the " Overseas Private
Investment Corporation Amendments Act of 1978". // 22 USC 2151. //
Sec. 2. Section 231 of the Foreign Assistance Act of 1961 // 22 USC
2191. // is amended--,
(1) by inserting after the first undesignated paragraph the
following new undesignated paragraph:
" The Corporation, in determining whether to provide insurance,
financing, or reinsurance for a project, shall especially--,
"(1) be guided by the economic and social development impact
and benefits of such a project and the ways in which such a
project complements, or is compatible with, other development
assistance programs or projects of the United States or other
donors; and
"(2) give preferential consideration to investment projects in
less developed countries that have per capita incomes of $520 or
less in 1975 United States dollars, and restrict its activities
with respect to investment projects in less developed countries
that have per capita incomes of $1,000 or more in 1975 United
States dollars.";
(2) by amending subsection (e) to read as follows:
"(e) to the maximum degree possible consistent with its
purposes--,
(3) in subsection (m), by striking out the period at the end
thereof and inserting in lieu thereof"; and";
(4) by adding at the end thereof the following new
subsection:
"(n) to decline to issue any contract of insurance or
reinsurance, or any guaranty, or to enter into any agreement to
provide financing for an eligible investor's proposed investment
if the Corporation determines that such investment is likely to
cause a significant reduction in the number of employees in the
United States."; and
(5) by striking out subsections (f) and (l), and redesignating
subsections (g), (h), (i), (j), (k), (m), and (n) as subsections
(f), (g), (h), (i), (j), (k), and (l), respectively.
Sec. 3. Section 234 of the Foreign Assistance Act of 1961 // 22 USC
2194 // is amended--,
(1) in subsection (a)(2), by striking out all after "total
project financing" and inserting in lieu thereof a period;
(2) in subsection (a) (3) and subsection (b), by striking out
"total face amount" each place it appears and inserting in lieu
thereof "maximum contingent liability";
(3) by striking out paragraphs (4) through (7) of subsection
(a);
(4) in subsection (c), by adding the following new sentence at
the end of the first paragraph: " Loans may be made under this
subsection only for projects that are sponsored by or
significantly involve United States small business or
cooperatives.";
(5) by striking out the last paragraph of subsection (c) and
inserting in lieu thereof the following:
" No loan may be made under this subsection to finance any operation
for the extraction of oil or gas. The aggregate amount of loans under
this subsection to finance operations for the mining or other extraction
of any deposit of ore or other nonfuel minerals may not in any fiscal
year exceed $4,000,000.";
(6) in the first sentence of subsection (d), by striking out
all after "private investors" and inserting in lieu thereof a
comma and the following: "except that--,
(7) in paragraph (1) of subsection (f) by striking out the
period at the end thereof and inserting in lieu thereof the
following:"; except that (A) such agreements and contracts shall
be consistent with the purposes of the Corporation set forth in
section 231 of this Act and shall be on equitable terms, and (B)
the Corporation shall not make or carry out any association or
risk-sharing agreement for the direct underwriting of insurance by
the Corporation with others, other than on an individual basis
where such direct underwriting facilitates the purposes of the
Corporation as set forth in section 231 of this Act.".
Sec. 4. Section 235 of the Foreign Assistance Act of 1961 // 22 USC
2195. // is amended--,
(1) in subsection (a) (2), by striking out ", of which
guaranties of credit union investment shall not exceed
$1,250,000"; and
(2) in subsection (a)(4), by striking out " December 31, 1977"
and inserting in lieu thereof " September 30, 1981".
Sec. 5. Section 237(f) of the Foreign Assistance Act of 1961 // 22
USC 2197 // is amended--,
(1) by inserting before the period at the end of the first
sentence a comma and the following: "except that the Corporation
may provide for appropriate adjustments in the insured dollar
value to reflect the replacement cost of project assets"; and
(2) by inserting before the period at the end of the second
sentence a comma and the following: "except that such limitation
shall not apply to direct insurance or reinsurance of loans by
banks or other financial institutions to unrelated parties".
Sec. 6. Section 237 of the Foreign Assistance Act of 1961 // 22 USC
2197. // is amended by adding at the end thereof the following new
subsection:
"(1)(1) No payment may be made under any insurance or reinsurance
which is issued under this title on or after the date of enactment of
this subsection for any loss occurring with respect to a project, if the
preponderant cause of such loss was an act by the investor seeking
payment under this title, by a person possessing majority ownership and
control of the investor at the time of the act, or by any agent of such
investor or controlling person, and a court of the United States has
entered a final judgment that such act constituted a violation under the
Foreign Corrupt Practices Act of 1977. // 15 USC 78a //
"(2) Not later than 120 days after the date of enactment of this
subsection, the Corporation shall adopt regulations setting forth
appropriate conditions under which any person convicted under the
Foreign Corrupt Practices Act of 1977 for an offense related to a
project insured or otherwise supported by the Corporation shall be
suspended, for a period of not more than five years, from eligibility to
receive any insurance, reinsurance, guaranty, loan, or other financial
support authorized by this title.".
Sec. 7. Section 239 of the Foreign Assistance Act of 1961 // 22 USC
2199. // is amended--,
(1) in subsection (b), by striking out the second paragraph
thereof;
(2) in subsection (d), by inserting after "section 231(c)" in
the parenthetical the following: "or participation certificates
as evidence of indebtedness held by the Corporation in connection
with settlement of claims under section 237(i)"; and
(3) by adding at the end thereof the following new subsections:
"(i) In order to carry out the policy set forth in paragraph (1) of
the second undesignated paragraph of section 231 of this Act, the
Corporation shall prepare and maintain for each investment project it
insures, finances, or reinsures, a development impact profile consisting
of data appropriate to measure the projected and actual effects of such
project on development. Criteria for evaluating projects shall be
developed in consultation with the Agency for International Development.
"(j) The Corporation shall not provide any insurance, reinsurance,
guaranty, loan, or other financial support authorized by section 234 for
any new or significantly expanded project involving the exploration for
or the mining of or other extraction of copper if such new or expanded
production of copper is planned to begin before January 1, 1981, and the
Corporation shall not support any such project which would begin
production after such date if the project will cause injury to the
primary United States copper industry.
"(k) The Corporation may not provide any insurance, reinsurance,
guaranty, financing, or other financial support authorized by section
234 for any project to establish or expand production or processing of
palm oil, sugar, or citrus crops for export.".
Sec. 8. Section 23. of the Foreign Assistance Act of 1961, // 22 USC
2199. // as amended by section 7 of this Act, is further amended by
adding at the end thereof the folliwing new subsection:
"(1) The Corporation shall take into account in the conduct of its
programs in a country, in consultation with the Secretary of State, all
available information about observance of and respect for human rights
and fundamental freedoms in such country and the effect the operation of
such programs will have on human rights and fundamental freedoms in such
country. The provisions of section 116 of this Act // 22 USC 2151n. //
shall apply to any insurance, reinsurance, guaranty, or loan issued by
the Corporation for projects in a country, except that in addition to
the exception (with respect to benefiting needy people) set forth in
subsection (a) of such section, the Corporation may support a project if
the national security interest so requires.".
Sec. 9. The Foreign Assistance Act of 1961 is amended by inserting
after section 239 the following new section:
" Sec. 240. // 22 USC 2200 // Small Business Development.--The
Corporation shall undertake, in cooperation with appropriate
departments, agencies, and instrumentalities of the United States as
well as private entities and others, to broaden the participation of
United States small business, cooperatives, and other small United
States investors in the development of small private enterprise in less
developed friendly countries or areas. The Corporation shall allocate
up to 50 per cent of its annual net income, after making suitable
provision for transfers and additions to reserves, to assist and
facilitate the development of projects consistent with the provisions of
this section. Such funds may be expended, notwithstanding the
requirements of section 231(a), on such terms and conditions as the
Corporation may determine, through loans, grants, or other programs
authorized by section 234.".
Sec. 10. Section 240 A of the Foreign Assistance Act of 1961 // 22
USC 2200a. // is amended to read as follows:
" Sec. 240 A. Reports to the Congress.--(a) After the end of each
fiscal year, the Corporation shall submit to the Congress a complete and
detailed report of its operations during such fiscal year. Such report
shall include--,
"(1) an assessment, based upon the development impact profiles
required by section 239(i), of the economic and social development
impact and benefits of the projects with respect to which such
profiles are prepared, and of the estent to which the operations
of the Corporation complement or are compatible with the
development assistance programs of the United States and other
donors; and
"(2) a description of any project for which the Corporation--,
"(b) Not later than September 30, 1980, the Corporation shall submit
to the Congress a report on the development of private and multilateral
programs for investment insurance and any reinsurance arrangements the
Corporation has made with private insurance companies, multilateral
organizations and institutions, or other entities.".
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 95 - 670 (Comm. on International Relations) and
No. 95 - 1043 (Comm. of Conference).
SENATE REPORT No. 95 - 505 (Comm. on Foreign Relations).
CONGRESSIONAL RECORD:
Vol. 123 (1977): Oct. 25, S. 1771 considered and passed
Senate. Nov. 2, 3, considered in House.
Vol. 124 (1978): Feb. 23, considered and passed House. Mar.
6, considered and passed Senate, amended, in lieu of S. 1771.
Apr. 6, Senate agreed to conference report. Apr. 11, House agreed
to conference report.
PUBLIC LAW 95-267, 92 STAT. 212
Whereas architectural barriers infringe upon the rights of the
physically handicapped by impeding their access to buildings and other
facilities in the United States; and
Whereas the Congress has enacted legislation requiring the removal of
architectural barriers at institutions receiving Federal funds; and
Whereas the Internal Revenue Code of 1954 provides deductions of as
much as $25,000 per year to taxpayers to encourage the removal of
architectural barriers; and
Whereas public commitment is necessary to achieve the goal of
removing architectural barriers from buildings and other facilities in
the United States; and
Whereas public commitment to solve the problem of architectural
barriers is based upon public awareness of such problem and the means to
solve such problem; and
Whereas the American National Standrds Institute has developed
standards which, if implemented, would increase the accessibility of
buildings and other facilities in the United States to the physically
handicapped: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the President of the
United States is authorized and requested to issue a proclamation
designating the third week of May of 1978 and 1979 as " National
Architectural Barrier Awareness Week", and calling upon the people of
the United States to observe such week with appropriate activities.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 918 (Comm. on Post Office and Civil Service).
CONGRESSIONAL RECORD, Vol.124 (1978):
Mar. 6, considered and passed House.
Apr. 11, considered and passed Senate.
PUBLIC LAW 95-266, 92 STAT. 205, CHILD ABUSE PREVENTION AND TREATMENT
AND ADOPTION REFORM ACT OF 1978
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may be
cited as the " Child Abuse Prevention and Treatment and Adoption Reform
Act of 1978". // 42 USC 5101 //
Sec. 101. Section 2 of the Child Abuse Prevention and Treatment Act
(42 U.S.C. 5101) (hereinafter in this title referred to as "the Act") is
amended by--,
(1) (A) striking out "and publish" and inserting in lieu
thereof "publish, and disseminate" in clause (1) of subsection
(b);
(B) striking out "and publish" and inserting in lieu thereof a
comma and "publish, and disseminate" in clause (3) of subsection
(b);
(C) striking out "and" after clause (5) of subsection (b);
(D) striking out the period at the end of clause (6) of
subsection (b) and inserting in lieu thereof a semicolon and
"and"; and
(E) adding after clause (6) of subsection (b) the following:
"(7) in consultation with Federal agencies serving on the
Advisory Board on Child Abuse and Neglect (established by section
6 of this Act),
// 42 USC 5105. //
prepare a comprehensive plan for seeking to bring about maximum
coordination of the goals, objectives, and activities of all
agencies and organizations which have responsibilities for
programs and activities related to child abuse and neglect, and
submit such plan to such Advisory Board not later than twelve
months after the date of enactment of this clause.
The Secretary shall establish research priorities for making grants or
contracts under clause (5) of this subsection and, not less than sixty
days before establishing such priorities, shall publish in the Federal
Register for public comment a statement of such proposed priorities.";
(2) inserting at the end of subsection (c) the following new
sentences: " Grants may be made under subsection (b) (5) for
periods of not more than three years. Any such grant shall be
reviewed at least annually by the Secretary, utilizing peer review
mechanisms to assure the quality and progress of research
conducted under such grant."; and
(3) adding after subsection (c) the following new
subsection:
"(d) The Secretary shall make available to the Center such staff and
resources as are necessary for the Center to carry out effectively its
functions under this Act.".
Sec. 102. Section 3 of the Act (42 U.S.C. 5102) is amended by--,
(1) inserting "or exploitation" after "sexual abuse"; and
(2) inserting a comma and "or the age specified by the child
protection law of the State in question," after "eighteen".
Sec. 103. Section 4 of the Act (42 U.S.C. 5103) is amended by--,
(1) amending subsection (a) by--,
(2) amending subsection (b) by--,
failed to
obligate funds awarded under this subsection within
eighteen
months after the date of award, the next award under
this
subsection made after the expiration of such period
shall be
reduced by an amount equal to the amount of such
unobligated
funds unless the Secretary determines that
extraordinary
reasons justify the failure to so obligate."; and
(3) amending the heading for such section to read as
follows:
" DEMONSTRATION OR SERVICE PROGRAMS AND PROJECTS".
Sec. 104. Section 5 of the Act (42 U.S.C. 5104) is amended by--,
(1) striking out "and" after "1975," and striking out the
period at the end thereof and inserting in lieu thereof a comma
and the following: "$25,000,000 for the fiscal year ending
September 30, 1978, $27,500,000 for the fiscal year ending
September 30, 1979, and $30,000,000 each for the fiscal years
ending September 30, 1980, and September 30, 1981, respectively.
Of the funds appropriated for any fiscal year under this section,
not less than 50 per centum shall be used for making grants or
contracts under sections 2(b)(5)
// 42 USC 5101. //
(relating to research) and 4(a)
// 42 USC 5103. //
(relating to demonstration or service projects), giving special
consideration to continued Federal funding of child abuse and
neglect programs or projects (previously funded by the Department
of Health, Education, and Welfare) of national or regional scope
and demonstrated effectiveness, of not less than 25 per centum
shall be used for making grants or contracts under section 4(b)(
1) (relating to grants to States) for the fiscal years ending
September 30, 1978, and September 30, 1979, respectively, and not
less than 30 per centum shall be used for making grants or
contracts under section 4(b)(1)
// 42 USC 5103. //
(relating to grants to States) for each of the fiscal years ending
September 30, 1980, and September 30, 1981, respectively."; and
(2) inserting "(a)" after " Sec. 5." and adding at the end
thereof the following new subsection:
"(b)(1) There are authorized to be appropriated $3,000,000 for the
fiscal year ending September 30, 1978, $3,500,000 for the fiscal year
ending September 30, 1979, and $4,000,000 each for the fiscal years
ending September 30, 1980, and Septemberr 30, 1981, respectively, for
the purpose of making grants and entering into contracts (under sections
2(b)(5) // 42 USC 5101. // (relating to research), 4(a) (relating to
demonstration or services projects), and 4(b)(1) (relating to grants to
States)) for programs and projects (including the support of not less
than three Centers for the provision of treatment, and personnel
training, and other related services) designed to prevent, identify, and
treat sexual abuse of children, including programs involving the
treatment of family units, programs for the provision of treatment and
related services to persons who have committed acts of sexual abuse
against children, and programs for the training of personnel.
"(2) Of the sums appropriated under this subsection, not more than 10
per centum shall be expended under section 2(b)(5) (relating to
research).
"(3) As used in this subsection, the term--,
"(A) 'sexual abuse' includes the obscene or pornographic
photographing, filming, or depiction of children for commercial
purposes, or the rape, molestation, incest, prostitution, or other
such forms of sexual exploitation of children under circumstances
which indicate that the child's health or welfare is harmed or
threatened thereby, as determined in accordance with regulations
prescribed by the Secretary; and
"(B) 'child' or 'children' means any individual who has not
attained the age of eighteen.
"(4) (A) Nothing contained in the provisions of this subsection shall
be construed as prohibiting the use of funds appropriated under
subsection (a) for programs and projects described in subsection (b),
nor be construed to prohibit programs or projects receiving funds under
subsection (a) from receiving funds under subsection (b).
"(B) No funds shall be obligated or expended under this subsection
unless an amount at least equal to the amount of funds appropriated in
fiscal year 1977 has been appropriated for programs and projects under
subsection (a) for any succeeding fiscal year.".
Sec. 105. Section 6 of the Act (42 U.S.C. 5105) is amended by--,
(1) inserting before the period at the end of the first
sentence in subsection (a) a comma and "and not less than three
members from the general public with experience or expertise in
the field of child abuse and neglect";
(2) striking out "administered" both places it appears in the
second sentence in subsection (a) and inserting in lieu thereof
"planned, administered,"; and
(3) striking out subsection (b) and subsection (c) and
inserting in lieu thereof the following new subsections:
(b) The Advisory Board shall review the comprehensive plan submitted
to it by the Center pursuant to section 2(b)(7), // 42 USC 5101. //
make such changes as it deems appropriate, and submit to the President
and the Congress a final such plan not later than eighteen months after
the effective date of this subsection.
"(c) Members of the Advisory Board, other than those regularly
employed by the Federal Government, while serving on business of the
Advisory Board, shall be entitled to receive compensation at a rate not
in excess of the daily equivalent payable to a GS-18 employee under
section 5332 of title 5, United States Code, including travel-time;
and, while so serving away from their homes or regular places of
business, they may be allowed travel expenses (including per diem in
lieu of subsistence) as authorized by section 5703 of such title for
persons in the Government service employed intermittently.".
Sec. 201. // 42 USC 5111 // The Congress hereby finds that many
thousands of children remain in institutions or foster homes solely
because of legal and other barriers to their placement in permanent,
adoptive homes; that the majority of such children are of school age,
handicapped, or both; that adoption may be the best alternative for
assuring the healthy development of such children; that there are
qualified persons seeking to adopt such children who are unable to do so
becuase of barriers to their placement; and that, in order both to
enhance the stability and love of the child's home environment and to
avoid wasteful expenditures of pubic funds, such children should not be
maintained in foster care or institutions when adoption is appropriate
and families for them can be found. It is, therefore, the purpose of
this title to facilitate the elimination of barriers to adoption and to
provide permanent and loving home environments for children who would
benefit by adoption, particularly children with special needs by--,
(1) promoting the establishment of model adoption legislation
and procedures in the States and territories of the United States
in order to eliminate jurisdictional and legal obstacles to
adoption; and
(2) providing a mechanism for the Department of Health,
Education, and Welfare to (A) promote quality standards for
adoption services (including pre-placement, post-placement, and
post-adoption counseling and standards to protect the rights of
children in need of adoption), and (B) provide for a national
adoption and foster care information data gathering and analysis
system and a national adoption information exchange system to
bring together children who would benefit by adoption and
qualified prospective adoptive parents who are seeking such
children.
Sec. 202. (a) Not later than eighteen months after the date of
enactment of this Act, // 42 USC 5112 // the Secretary of Health,
Education, and Welfare (hereinafter referred to as the " Secretary")
shall issue, based on the recommendations of the panel described in
subsection (b) of this section, proposed model adoption legislation and
procedures and publish such proposal in the Federal Register for
comment. After soliciting and giving due consideration to the comments
of interested individuals, groups, and organizations and consulting
further with such panel, the Secretary shall issue and publish model
adoption legislation and procedures which shall not conflict with the
provisions of any interstate compact in operation pursuant to which
States are making, supervising, or regulating placements of children.
(b)(1) Not later than ninety days after the date of enactment of this
Act, the Secretary shall appoint a panel (hereinafter referred to as the
"panel") to be composed of not less than eleven nor more than seventeen
members generally representative of public and voluntary organizations,
agencies, and persons interested and with expertise and experience in
facilitating the achievement of the purposes of this title (including,
but not limited to, national, State, and local child welfare
organizations, including those representative of minorities, and
adoptive parent organizations). The panel shall (A) review current
conditions, practices, and laws relating to adoption, with special
reference to their effect on facilitating or impeding the location of
suitable adoptive homes for children who would benefit by adoption and
the completion of suitable adoptions for such children; and (B) not
later than twelve months after the date on which the members of the
panel have been appointed, propose to the Secretary model (including
adoption assistance agreement) legislation and procedures relating to
adoption designed to facilitate adoption by families of all economic
levels.
(2) The panel shall be terminated thirty days after the Secretary
publishes the final model legislation and procedures pursuant to
subsection (a) of this section.
(3) Members of the panel, other than those regularly employed by the
Federal Government, while serving on business of the panel shall be
entitled to receive compensation at a rate not in excess of the daily
equivalent of the rate payable to a GS-18 employee under section 5322 of
title 5, United States Code, including traveltime; and, while so
serving away from their homes or regular places of business, they may be
allowed travel expenses (including per diem in lieu of subsistence) as
authorized by section 5703 of such title for persons in the Government
service employed intermittently.
(c) The Secretary shall take such steps as he or she deems necessary
to encourage and facilitate the enactment in each State of comprehensive
adoption assistance legislation and the establishment in each State of
the model legislation and procedures published pursuant to subsection
(a) of this section.
Sec. 203. // 42 USC 5113. // (a) The Secretary shall establish in
the Department of Health, Education, and Welfare an appropriate
administrative arrangement to provide a centralized focus for planning
and coordinating of all departmental activities affecting adoption and
foster care and for carrying out the provisions of this title. The
Secretary shall make available such consultant services and personnel,
together with appropriate administrative expenses, as are necessary for
carrying out such purposes.
(b) In connection with carrying out the provisions of subsection (a)
of this section, the Secretary shall--,
(1) provide (directly or by grant to or contract with public or
private nonprofit agencies and organizations) for the
establishment and operation of a national adoption and foster care
data gathering and analysis system utilizing data collected by
States pursuant to requirements of law;
(2) conduct (directly or by grant to or contract with public or
private nonprofit agencies or organizations) an education and
training program on adoption, and prepare, publish, and
disseminate (directly or by grant to or contract with public or
private nonprofit agencies and organizations) to all interested
parties, public and private agencies and organizations (including,
but not limited to, hospitals, health care and family planning
clinics, and social services agencies), and governmental bodies,
information and education and training materials regarding
adoption and adoption assistance programs;
(3) notwithstanding any other provision of law, provide
(directly or by grant to or contract with public or private
non-profit agencies or organizations) for (A) the operation of a
national adoption information exchange system (including only such
information as is necessary to facilitate the adoptive placement
of children, utilizing computers and data processing methods to
assist in the location of children who would benefit by adoption
and in the placement in adoptive homes of children awaiting
adoption); and (B) the coordination of such system with similar
State and regional systems;
(4) provide (directly or by grant to or contract with public or
private nonprofit agencies or organizations, including parent
groups) for the provision of technical assistance in the planning,
improving, developing, and carrying out of programs and activities
relating to adoption; and
(5) consult with other appropriate Federal departments and
agencies in order to promote maximum coordination of the services
and benefits provided under programs carried out by such
departments and agencies with those carried out by the Secretary,
and provide for the coordination of such aspects of all programs
within the Department of Health, Education, and Welfare relating
to adoption.
Sec. 204. The Secretary shall provide for a study (the results of
which shall be reported to the appropriate committees of the Congress
not later than eighteen months after the date of enactment of this Act)
// 42 USC 5114. // designed to determine the nature, scope, and effects
of the interstate (and, to the extent feasible, intrastate) placement of
children in adoptive homes (not including the homes of stepparents or
relatives of the child in question) by persons or agencies which are not
licensed by or subject to regulation by any governmental entity.
Sec. 205. // 42 USC 5115. // There are authorized to be
appropriated $5,000,000 for the fiscal year ending September 30, 1978
and such sums as may be necessary for the succeeding three fiscal years
to carry out this title.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 609 (Comm. on Education and Labor).
SENATE REPORT No. 95 - 167 accompanying S. 961 (Comm. on Human
Resources).
CONGRESSIONAL RECORD:
Vol. 123 (1977): Sept. 26, considered and passed House. Oct.
27, considered and passed Senate, amended, in lieu of S. 961.
Vol. 124 (1978): Apr. 10, House agreed to Senate amendments
with amendments. Apr. 12, Senate concurred in House amendments.
PUBLIC LAW 95-265, 92 STAT. 203
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) the Secretary
of the Interior, hereinafter referred to as the " Secretary", shall
issue to the county of Mineral, State of Nevada, a patent or other
instrument of conveyance for the land owned by the United States and
comprising approximately two thousand six hundred and twenty acres
described in this section, or any portion thereof, upon payment into the
Treasury of the United States the appraised value of the parcel to be
conveyed, plus the costs of appraisal, surveys and extinguishing adverse
claims: Provided, That any of the land described in this section which
remains uncoveyed to the county of Mineral on and after five years from
the date of approval of this Act shall no longer be subject to
conveyance under this Act.
(b) The following described lands situated in the State of Nevada are
hereby made subject to this Act:
(1) The west half of the northwest quarter of section 26,
township 8 north, range 30 east; the part of the northwest
quarter of the wouthwest quarter of section 26, township 8 north,
range 30 east, that is north of the highway 95 right-of-way.
(2) The northwest quarter of the northeast quarter and the east
half of the east half of section 25, township 8 north, range 29
east; all of sections 29 and 30, twonship 8 north, range 30 east;
the north half of the southeast quarter of section 28, township 7
north, range 30 east.
(3) The part of section 21, township 7 north, range 30 east,
that is west of Nevada State Highway Route 31; the north half of
the northwest quarter and the southeast quarter of the northwest
quarter of section 28, township 7 north, range 30 east; the part
of the northeast quarter of section 28, township 7 north, range 30
east, that is west of Nevada State Highway Route 31; the part of
section 27, township 7 north, range 30 east, that is west of
Nevada State Highway Route 31; the east half of the northwest
quarter and the north half of the southeast quarter of section 34,
township 7 north, range 30 east; the part of the northeast
quarter of section 34, township 7 north, range 30 east, that is
west of Nevada State Highway Route 31; the part of section 35,
township 7 north, range 30 east, that is west of Nevada State
Highway Route 31.
Sec. 2. Upon receipt of a request from the county of Mineral, State
of Nevada, for the purchase of a tract of the lands described in section
1, the Secretary shall immediately cause the same to be appraised and,
upon completion of such appraisal, shallnotify the county of Mineral of
the appraised value of such tract and the county shall have six months
from the date of such notice to complete the purchase of such tract by
payment of the appraised value into the Treasury of the United States
whereupon the Secretary shall issue a patent or other instrument
conveying such tract to such county. Any such patent or other
instrument of conveyance shall be subject to valid existing rights and
easements of record; and shall contain any reservation necessary to
protect the continuing uses by the United States of real property owned
by the United States that is adjacent to the tract conveyed. In
addition, conveyance of section 29, township 8 north, range 30 east,
shall be made only in accordance with the provisions of section 209 of
the said Federal Land Policy and Management Act of 1976 (90 Stat. 2757;
43 U.S.C. 1719).
Sec. 3. All moneys received from the conveyance of lands under the
terms of this Act shall be disposed of in the same manner as moneys
received from the sale of public lands, except that moneys received as
reimbursement for costs of appraisal, surveys, and extinguishing adverse
claims may be used by the Secretary for said purposes without
appropriation.
Sec. 4. Subject to valid existing rights on the effective date of
this Act, the lands described in section 1 which are subject to
conveyance pursuant to this Act are hereby withdrawn from all forms of
appropriation under the public land laws, including the mining and
mineral leasing laws. Such withdrawal shall terminate automatically
with respect to a particular tract upon conveyance of that tract
pursuant to this Act. Such withdrawal shall terminate upon publication
of an order in the Federal Register by the Secretary no sooner than five
years from the effective date of this Act, with respect to any lands or
interest remaining in the United States at the conclusion of such
five-year period.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 530 (Comm. on Interior and Insular Affairs).
SENATE REPORT No. 95 - 522 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD:
Vol. 123 (1977): Aug. 1, considerec and passed House. Oct.
28, considered and passed Senate, amended.
Vol.124 (1978): Feb. 24, House concurred in Senate amendment
with an amendment. Apr.12, Senate concurred in House amendment.
PUBLIC LAW 95-264, 92 STAT. 202
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the right to
inherit trust or restricted land on the Umatilla Indian Reservation, to
the extent that the laws of descent of the State of Oregon are
inconsistent herewith, shall be as provided herein. // 25 USC 463d. //
Sec. 2. // 25 USC 463d. // When any Indian dies leaving any
interest in trust or restricted land within the Umatilla Reservation and
not having lawfully devised the same, such interest shall descend in
equal shares to his or her childred and to the issue of any deceased
child by rights of representation; and if there is no child of the
decedent living at the time of his or her death, such interests shall
descend to his or her other lineal descendants; and if such descendants
are in the same degree of kindred to the interstate, they shall take
such real property equally, or otherwise they shall take according to
the right of representation. An interest taken hereunder shall be
subject to the right of a surviving spouse as provided in section 3.
Sec. 3. // 25 USC 463d. // The surviving spouse of any Indian who
dies leaving any interest in trust or restricted land within the
Umatilla Reservation shall be entitled to obtain a one-half interest in
all such trust or restricted interests in land during his or her
lifetime.
Sec. 4. // 25 USC 463d. // If any Indian, who leaves any interest
in trust or restricted land within the Umatilla Reservation, makes
provisions for his or her surviving spouse by an approved will, such
surviving spouse shall have an election whether to take the provisions
as made in such will or to take the interest as set forth in section 3
of this Act, but such surviving spouse shall not be entitled to both
unless it plainly appears by the will to have been so intended by the
testator. When any surviving spouse is entitled to an election under
this section, he or she shall be deemed to have elected to take the
provisions as made in such will unless, at or prior to the first hearing
to probate the will, he or she has elected to take under section 3 of
this Act and not under the will.
Sec. 5. The provisions of this Act // 25 USC 463d. // shall apply to
all estates of decendents who die on or after the date of enactment of
this Act.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 820 (Comm. on Interior and Insular Affairs).
SENATE REPORT No. 95 - 178 (Select Comm. on Indian Affairs).
CONGRESSIONAL RECORD, Vol. 124 (1978):
Feb. 6, considered and passed House.
April 5, considered and passed Senate.
PUBLIC LAW 95-263, 92 STAT. 201
Whereas the oceans are playing an increasingly important role in the
food, energy, and mineral production of the United States as well as the
transportation of United States goods; and
Whereas it will be beneficial for the American public to learn of the
interrelationship of the United States and the world's oceans; and
Whereas the declaration of a National Oceans Week would help
Americans learn about the importance of the oceans: Therefore be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the President of the
United States is authorized and requested to issue a proclamation
designating the week of April 16 through April 22, 1978, as " National
Oceans Week" and calling upon the people of the United States to observe
such same week with appropriate activities.
LEGISLATIVE HISTORY
HOUSE REPORT No. 95 - 978 (Comm. on Post Office and Civil Service).
CONGRESSIONAL RECORD, Vol. 124 (1978):
Mar. 20, considered and passed Senate.
Apr. 4, considered and passed House, in lieu of H.J. Res. 730.
PUBLIC LAW 95-262, 92 STAT. 200
Whereas the Congress recognizes a need for the Nation to set aside on
the calendar a day devoted to the importance of education to the lives
of its citizens and to the general well-being of the Nation; and
Whereas the Lubavitch Movement, which conducts educational activities
at more than sixty centers in twenty-eight States as well as around the
world, is especially committed to the advancement of education and has
proposed the establishment of an " Education Day, U. S.A."; and
Whereas world Jewry marked in 1977 the seventy-fifth birthday of the
revered and renowned Jewish leader, the head of the worldwide Lubavitch
Movement, Rabbi Menachem Mendel Schneerson, who proclaimed on that
occasion a " Year of Education"; and
Whereas the seventy-sixth birthday of this celebrated spiritual
leader will occur on April 18, 1978, thus concluding the year of
Lubavitch Movement activities dedicated to the Year of Education" and
the Lubavitcher Rebbe's milestone birthday: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the President is
authorized and requested to issue a proclamation designating April 18,
1978, as " Education Day U.S.A.".
LEGISLATIVE HISTORY:
CONGRESSIONAL RECORD, Vol. 124 (1978):
Apr. 11, 12, considered and passed House.
Apr. 13, considered and passed Senate.
PUBLIC LAW 95-261, 95 STAT. 199
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That chapter 19 of title
44, United States Code, is amended by adding at the end thereof the
following new section:
" Section 1916. // 44 USC 1916. // Designation of libraries of
accredited law schools as depository libraries
"(a) Upon the request of any accredited law school, the Public
Printer shall designate the library of such law school as a depository
library. The Public Printer may not make such designation unless he
determines that the library involved meets the requirements of this
chapter, other than those requirements of the first undesignated
paragraph of section 1909 of this title which relate to the location of
such library.
"(b) For purposes of this section, the term 'accredited law school'
means any law school which is accredited by a nationally recognized
accrediting agency or association approved by the Commissioner of
Education for such purpose or accredited by the highest appellate court
of the State in which the law school is located.".
Sec. 2. The table of sections for chapter 19 of title 44, United
States Code, is amended by adding at the end thereof the following new
item: "1916. Designation of libraries of accredited law schools as
depository libraries.".
Sec. 3. The amendments made by this Act // 44 USC 1916. // shall
take effect on October 1, 1978.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 650 (Comm. on House Administration).
SENATE REPORT No. 95 - 670 (Comm. on Rules and Administration).
CONGRESSIONAL RECORD:
Vol. 123 71977): Oct. 25, considered and passed House.
Vol. 124 (1978): Mar. 6, considered and passed Senate,
amended. Apr. 4, House agreed to Senate amendments.
PUBLIC LAW 95-260, 92 STAT. 197
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Secretary of
the Interior (hereinafter in this Act // 16 USC 431. // referred to as
the " Secretary") may establish a memorial in honor of the fifty-six men
who signed the Declaration of Independence, such memorial to be on a
suitable site selected by the Secretary, with the approval of the
National Commission of Fine Arts and the National Capital Planning
Commission, in the area known as Constitution Gardens in the District of
Columbia.
Sec. 2. The Administrator of the American Revolution Bicentennial
Administration (hereinafter in this Act referred to as the "
Administrator") shall prepare, in consultation with the American
Revolution Bicentennial Board, the Secretary, the National Commission of
Fine Arts, and the National Capital Planning Commission, the design and
plans for the memorial authorized by the first section.
Sec. 39 (a) Not to exceed $500,000 of the funds, other than
appropriated funds, which are available to the American Revolution
Bicentennial Administration under the Act entitled " An Act to establish
the American Revolution Bicentennial Administration, and for other
purposes", approved December 11, 1973 (87 Stat. 697), and as approved by
the American Revolution Bicentennial Board, may be used to carry out the
provisions of the first two sections of this Act.
(b) Of the funds described in subsection (a) which are not used by
the Administrator in carrying out the provisions of section 2, the
Administrator shall transfer to the Secretary such sums as may be
necessary to enable the Secretary to carry out the provisions of the
first section of this Act.
Sec. 4 (a) The establishment of the memorial authorized by the first
section may not begin unless the Secretary determines that sums expended
in carrying out the first two sections of this Act will not exceed
$500,000. Such determination shall be made in consultation with the
Administrator if the American Revolution Bicentennial Administration has
not terminated pursuant to section 7 of the Act of December 11, 1973 (87
Stat. 701).
(b) The authority contained in the first section shall expire unless
the establishment of the memorial authorized by such section is begun
within two years after the date of the enactment of this Act.
Sec. 5. (a) The maintenance and care of the memorial authorized under
the first section shall be the responsibility of the Secretary.
(b) There are authorized to be appropriated for the fiscal year
beginning on October 1, 1977, and each fiscal year thereafter such sums
as may be necessary to carry out the provisions of subsection (a).
Sec. 6. No funds other than funds described in section 3 and funds
authorized to be appropriated in section 5(b) may be used by the
Administrator or the Secretary to carry out this Act.
Sec. 7. The Secretary shall carry out any functions of the
Administrator under this Act after the termination of the American
Revolution Bicentennial Administration pursuant to section 7 of the Act
of December 11, 1973 (87 Stat. 701), provided that the Secretary shall
consult with those persons who were members of the American Revolution
Bicentennial Board on the date of its termination.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 462, pt. I (Comm. on House Administration).
SENATE REPORT No. 95 - 621 (Comm. on Rules and Administration).
CONGRESSIONAL RECORD:
Vol. 23 (1977): July 11, considered and passed House.
Vol. 24 (1978): Jan. 27, considered and passed Senate,
amended. Apr. 4, House agreed to Senate amendment.
PUBLIC LAW 95-259, 92 STAT. 196