PUBLIC LAW 96-512, 94 STAT. 2827, METHANE TRANSPORTATION RESEARCH,
DEVELOPMENT, AND DEMONSTRATION ACT OF 1980
Development, and Demonstration
Act of 1980".
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act // 15 USC
3801 // may be cited as the " Methane Transportation Research,
Development, and Demonstration Act of 1980".
Sec. 2. // 15 USC 3801. // (a) The Congress finds and declares
that--,
(1) gasoline and diesel fuel for vehicular use are in short
supply and constitute a sizable portion of domestic petroleum
consumption;
(2) methane use in fleet-operated vehicles would result in
substantial reduction in oil imports;
(3) methane is in more abundant domestic supply than petroleum
products, is the primary component of natural gas and can be
derived in increased quantities from coal, biomass, waste
products, and other renewable resources;
(4) recoverable methane presently available in the United
States is not fully utilized;
(5) test results to date indicate that methane use as a
substitute for gasoline as a motor fuel can result in emission
reductions;
(6) experience to date has shown methane to be a safe motor
fuel in properly modified vehicles and is therefore particularly
suitable as fuel for fleet vehicles; and
(7) the introduction into commerce of methane-fueled vehicles
would be expedited and facilitated by the establishment of a
Federal program of research, development, and demonstration to
explore and refine technologies related to methane use as a
vehicular fuel.
(b) It is therefore declared to be the policy of the Congress in this
Act to--,
(1) provide for and support advanced and accelerated research
into, and development of, methane vehicle design, and related
technologies;
(2) demonstrate the economic and technological practicalities
of methane-fueled vehicles for fleet use and of methane-fueled
farm equipment;
(3) facilitate, and remove barriers to, the use of
methane-fueled vehicles in lieu of gasoline- or diesel-powered
motor vehicles where practicable;
(4) promote the substitution of methane-fueled vehicles for
gasoline- and diesel-powered vehicles currently used on farms and
in fleet operations, particularly in areas where such substitution
would facilitate plans to meet air quality standards set under the
Clean Air Act,
// 42 USC 7401 //
as amended; and
(5) supplement, but neither supplant nor duplicate, the
automotive propulsion system research and development efforts of
private industry.
Sec. 3. // 15 USC 3802. // For purposes of this Act--,
(a) the term "methane" means either natural gas (as defined in
section 2(1) of the Natural Gas Policy Act of 1978),
// 15 USC 3301. //
gas derived from coal, liquefied natural gas, or any gaseous
transportation fuel produced from biomass, waste products, and
other renewable resources;
(b) the term " Secretary" means the Secretary of Energy;
(c) the term "public entities" means any unit or units of State
and/or local governments;
(d) the term "private entities" means any person, such as any
organization incorporated under State law, for profit or
not-for-profit, or a consortium of such organizations, but does
not include public entities;
(e) the term "vehicle" means any truck, van, station wagon,
bus, or car used on public roads or highways as well as off-road
agricultural equipment, such as tractors, harvesters, and so
forth, which presently burn gasoline or diesel fuel; and
(f) the terms "facilities for the transmission and storage of
methane", "methane transmission, storage and dispensing
facilities", and any variant thereof means such facilities which
are (1) directly necessary for the conduct of a demonstration, (2)
for the exclusive use of a demonstration and (3) reasonably
incidental to a demonstration.
Sec. 4. // 15 USC 3803. // (a) The Secretary shall designate prior
to February 1, 1981, an appropriate organizational entity within the
Department of Energy to manage the methane vehicle research,
development, and demonstration program.
(b) The Secretary shall have the responsibility for monitoring and
assuring proper management of the program. The Secretary may enter into
agreements or arrangements with the National Aeronautics and Space
Administration, the Department of Transportation, the Environmental
Protection Agency, or any other Federal department or agency, pursuant
to which such department or agency shall conduct specified parts or
aspects of the program as the Secretary deems necessary or appropriate
and within the particular competence of such agency, to the extent that
such agency has capabilities which would enable it to contribute to the
success of the program and attainment of the purposes of this Act.
(c) In assuring the effective management of this program, the
Secretary shall have specific responsibility to ascertain that the
program includes activities to--,
(1) promote basic and applied research on methane-fueled
vehicle construction, modification, and safety;
(2) conduct research and development on optimum overall
specifications for methane-fueled vehicles;
(3) determine appropriate means and facilities for safely and
economically storing, transporting, and dispensing methane for use
as a vehicular fuel;
(4) conduct demonstration projects with respect to the
feasibility of methane-fueled vehicles and methane transmission,
storage and dispensing facilities (A) by providing necessary
financial or technical assistance for the construction,
modification, or operation of motor vehicles to be methane-fueled
for practical use or of methane transmission, storage and
dispensing facilities, and (B) by entering into agreements or
arrangements with other entities, governmental and
nongovernmental, for the demonstration of such vehicles and
facilities;
(5) gather performance data, including but not limited to
emissions data, on methane-fueled vehicles and related
transmission and storage facilities;
(6) determine that the participants in each demonstration
assisted under this Act have made satisfactory arrangements to
obtain an adequate supply of methane for vehicular use in the
project;
(7) ascertain the need for modifications in available
methane-fueled vehicles to improve their efficiency and
performance and to facilitate their widespread use by fleet
owners; and
(8) ascertain and report to the Congress on any changes in fuel
supply patterns, tax policies, and standards governing the
manufacture of vehicles which are needed to facilitate the
manufacture and use of methane-fueled vehicles.
(d)(1) The Secretary of Energy shall insure that the conduct of the
research and development program of this Act--,
(A) supplements the automotive propulsion system research and
development efforts of industry;
(B) is not formulated in a manner that will supplant private
industry research and development or displace or lessen industry's
research and development; and
(C) avoids duplication of private research and development.
(2) To that end, the Secretary of Energy shall issue administrative
regulations, within 60 days after the date of the enactment of this Act,
which shall specify procedures, standards, and criteria for the timely
review for compliance of each new contract, grant, Department of Energy
project, or other agency project funded or to be funded under the
authority of this Act. Such regulations shall require that the
Secretary of Energy or his designee shall certify that each such
contract, grant, or project satisfies the requirement of this
subsection, and shall include in such certification a discussion of the
relationship of any related or comparable industry research and
development, in terms of this subsection, to the proposed research and
development under the authority of this Act. The discussion shall also
address related issues, such as cost sharing and patent rights.
(3) Such certifications shall be available to the Committee on
Science and Technology of the House of Representatives and the Committee
on Energy and Natural Resources of the Senate. The provisions of
chapter 5 of title 5, United States Code // 5 USC 500. // shall not
apply to such certifications and no court shall have any jurisdiction to
review the preparation or adequacy of such certifications; but section
553 of title 5, United States Code, and section 17 of the Federal
Nonnuclear Energy Research and Development Act of 1974, // 42 USC 5916.
// as amended, shall apply to public disclosure of such certifications.
(4) The Secretary of Energy also shall include in the report required
by section 9 of this Act a detailed discussion of how each research and
development contract, grant, or project funded under the authority of
this Act satisfies the requirement of this subsection.
(5) Further, the Secretary of Energy in each annual budget submission
to the Congress, or amendment thereto, for the programs authorized by
this Act shall describe how each identified research and development
effort in such submission satisfies the requirements of this subsection.
(6) The provisions and requirements of this subsection shall not
apply with respect to any contract, grant, or project which was entered
into, made, or formally approved and initiated prior to the enactment of
this Act, or with respect to any renewal or extension thereof.
Sec. 5. // 15 USC 3804. // (a) In carrying out the programs
established under sections 4 and 7, the Secretary shall assure, to the
maximum extent practicable, that the functions of this program are
coordinated with related regulatory activities and other
responsibilities of the Department of Energy and any other Federal
departments or agencies.
(b) Each department, agency, and instrumentality of the executive
branch of the Federal Government shall carefully consider any written
request from the Secretary, the head of any organizational entity
designated by the Secretary pursuant to section 4(a), or the head of any
agency which is party to an agreement or arrangement pursuant to section
4(b), to furnish such assistance, on a reimbursable basis, as the
Secretary or such head deems necessary to carry out the program and to
achieve the purposes of this Act. Such assistance may include transfer
of personnel with their consent and without prejudice to their position
and rating.
Sec. 6. // 15 USC 3805. // The Secretary, acting through appropriate
agencies and contractors, shall initiate and provide for the conduct of
research and development in areas relating to methane-fueled vehicles,
including but not limited to--,
(1) flammability and combustibility of methane under conditions
likely to develop in storage or during vehicular use;
(2) handling, storage, and distribution of methane for
vehicular propulsion purposes;
(3) comprehensive assessment of the relative hazards under
identical circumstances of methane, propane, gasoline, and diesel
fuel;
(4) feasibility, economy, and efficiency of technologies for
the production and recovery of methane from unconventional and
supplemental sources, as provided for in other authorization Acts;
(5) engine and fuel tank design including, but not limited to,
optimum design for dual fuel capacity vehicles;
(6) total vehicle construction and design;
(7) the nature and quantities of emissions, and alterations in
or alternatives to emission control systems presently in use; and
(8) overcoming institutional barriers to widespread use,
including but not limited to restrictions on the transportation of
methane for vehicular use through tunnels, and the potential
expansion of the distribution of methane for vehicular purposes.
Sec. 7. // 15 USC 3806. // (a) Not later than January 1, 1982, the
Secretary shall develop data assessing the current state-of-the-art with
respect to vehicles fueled by methane to serve as baseline data to be
utilized in evaluating improvements in methane-fueled vehicle
technologies.
(b) Not later than April 1, 1982, the Secretary shall have
promulgated necessary and appropriate guidelines for demonstrations and
issued an intial request for proposals for technical and financial
assistance to support public and private entities in developing and
implementing demonstration projects to gather data on the operation of
methane-fueled vehicles and methane transmission, storage and dispensing
facilities, under differing climatic, atmospheric, and operating
conditions and on design and technical modifications of those vehicles
and facilities:
(1) In the case of public entities, the Secretary is authorized
to provide--,
methane
or with dual fuel capacity, the installation of methane
transmission, storage and dispensing facilities, and
compliance
with data acquisition and reporting requirements
under this Act; and
methane
transmission, storage and dispensing facilities:
Provided,
That the Secretary shall be authorized to direct and
require
recipients of assistance under this section to enter
into
cooperative agreements for the planning and use of such
facilities with other recipients of assistance under
this section,
under a cost-sharing agreement where appropriate and
economical.
(2)(A) In the case of private entities, the Secretary is
authorized to provide--,
methane
or with dual fuel capacity, the installation of methane
transmission, storage and dispensing facilities, and
compliance
with data acquisition and reporting requirements
under this Act; and
methane
transmission, storage and dispensing facilities:
Provided,
That the Secretary shall be authorized to direct and
require
recipients of assistance under this section to enter
into
cooperative agreements for the planning and use of such
facilities with other recipients of assistance under
this section
under a cost-sharing agreement where appropriate and
economical.
(B) Loans issued under this section shall bear interest at such
rate as the Secretary may determine, giving consideration to the
needs and capacities of the recipient and the prevailing rates of
interest (public and private), except that such rate shall not be
less than a rate determined by the Secretary of the Treasury,
taking into consideration the current average yield on outstanding
marketable obligations of the United States with remaining periods
of maturity comparable to the average maturities of such loans.
No loan shall be made unless the Secretary shall have determined
that there is reasonable prospect of repayment.
(C) The terms and conditions of loans issued under this section
shall take into account the scope of the particular demonstration
and any particular conditions which might reasonably be expected
to result in additional costs to the recipient, and shall reflect
the relative costs of gasoline and diesel fuel and methane and the
projected savings in fuel costs to the recipient as a result of
participating in the demonstration. In no instance shall a loan
issued under this section be for a period in excess of five years.
(3) The Secretary shall provide for appropriate assistance to
defray costs associated with complying with data acquisition and
reporting requirements under this Act.
(4) In the case of an organization comprised of both public and
private entities, a package of technical and financial assistance
shall be designed to the maximum extent feasible, in such a manner
as to assist its public components as provided for in paragraph
(1) and to assist its private components as provided for in
paragraph (2) of this section.
(c) Not fewer than fifty demonstrations shall be assisted under this
section with not fewer than ten being initiated in the fiscal year
ending September 30, 1982, and not fewer than twenty being initiated in
each of the fiscal years ending September 30, 1983, and September 30,
1984. In the case of demonstrations initiated under this Act after the
first fiscal year in which demonstrations are funded, the Secretary
shall ascertain that plans for such demonstrations take into
consideration information and findings included in reports filed on
other demonstrations assisted under this Act.
(d) Each demonstration shall have a duration of at least three years
during which time records including, but not limited to, fuel efficiency
indicators, emissions data, repair statistics, and detailed reports of
any accidents, shall be maintained and reports made to the Secretary in
accordance with guidelines promulgated by the Secretary prior to
issuance of the first loan or grant under this section and amended no
more often than twice annually.
(e) In selecting proposed demonstrations to be supported under this
section, the Secretary shall, to the maximum extent practicable, assure
representation of diverse operating conditions and vehicle types
including, but not limited to--,
(1) altitude and topography,
(2) climatic conditions,
(3) air quality conditions,
(4) industrial, commercial, and agricultural uses,
(5) varying vehicular structures, and
(6) average trip lenghts:
Provided, however, That not fewer than two demonstrations initiated in
each year shall be located in a county or standard metropolitan
statistical area designated by the Secretary upon recommendation of the
Administrator of the Environmental Protection Agency based on severity
or uniqueness of air quality conditions: And provided further, That the
fleet or portions of fleets participating in each demonstration with
funding under this Act shall consist of not fewer than fifty vehicles,
except in the case of one demonstration each year involving
methane-fueled off-road agricultural equipment.
Sec. 8. // 15 USC 3807. // The Secretary shall consult with the
Postmaster General of the United States Postal Service, the
Administrator of the General Services Administration, the Secretary of
Defense, and the heads of other Federal agencies where appropriate to--,
(a) determine the practicability of using methane vehicles in
the performance of certain or all of the functions of their
agencies based in counties and standard metropolitan statistical
areas in which demonstrations under section 7 of this Act are
being conducted; and
(b) arrange for appropriate use of methane-fueled vehicles at
the earliest practicable date.
Sec. 9. // 15 USC 3808. // The Secretary shall submit to the Senate
and the House of Representatives, for referral to the appropriate
committees, such reports as the Secretary deems appropriate including an
annual report on all activities being undertaken or carried out pursuant
to the provisions of the Act, including--,
(1) such projections and estimates as may be necessary to
evaluate the progress of the program and to indicate the extent to
which, and the pace at which, the objectives of this Act are being
achieved;
(2) an assessment of what problems exist and of the need for
further research and development oriented toward the resolution of
those problems;
(3) an assessment of the potential for commercialization of
methane-fueled vehicles in various markets; and
(4) any recommendations which the Secretary may deem
appropriate for legislation or administrative action which would
further the purposes of this Act or facilitate expanded commercial
use of methane-fueled vehicles.
Sec. 10. // 15 USC 3809. // There are authorized to be appropriated
to the Secretary for purposes of carrying out this Act, not to exceed
$3,000,000 for the fiscal year ending September 30, 1982, not less than
one-half of which shall be for the purpose of making loans under section
7(b); not to exceed $5,000,000 for the fiscal year ending September 30,
1983, not less than one-half of which shall be for the purpose of making
loans under section 7(b); not to exceed $5,000,000 for the fiscal year
ending September 30, 1984, not less than one-half of which shall be for
the purpose of making loans under section 7(b); and such sums as may be
necessary for the fiscal years ending September 30, 1985, and September
30, 1986. Any amount appropriated pursuant to this section shall remain
available until expended.
Sec. 11. // 15 USC 3810. // (a) Nothing in this Act shall be
construed as authorizing the Secretary or any other official with
respect to any activity pursuant to this Act to modify or waive the
application of any Federal, State or local laws dealing with the
production, transportation, storage, safety, use or pricing of methane.
(b) Nothing in this Act shall be construed as granting the Secretary
or any other Federal official any authority to promulgate rules of
general application to regulate the production, transportation, storage,
safety, use or pricing of methane as a transportation fuel or vehicles
which use methane as a transportation fuel.
Approved December 12, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 1237 (Comm. on Science and Technology).
SENATE REPORT No. 96 - 1006 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 126 (1980):
Aug. 25, considered and passed House.
Nov. 20, considered and passed Senate, amended.
Nov. 21, passage vitiated; reconsidered and passed Senate,
amended; House concurred in Senate amendments.
PUBLIC LAW 96-511, 94 STAT. 2812, PAPERWORK REDUCTION ACT OF 1980.
of the Government
and the private sector by improving Federal
information policymaking, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may be
cited as the " Paperwork Reduction Act of 1980".
Sec. 2. (a) Chapter 35 of title 44, United States Code, // 44 USC
101 // is amended to read as follows:
" Sec.
"3501. Purpose.
"3502. Definitions.
"3503. Office of Information and Regulatory Affairs.
"3504. Authority and functions of Director.
"3505. Assignment of tasks and deadlines.
"3506. Federal agency responsibilities.
"3507. Public information collection activities-submission to
Director; approval and delegation.
"3508. Determination of necessity for information; hearing.
"3509. Designation of central collection agency.
"3510. Cooperation of agencies in making information available.
"3511. Establishment and operation of Federal Information Locator
System.
"3512. Public protection.
"3513. Director review of agency activities; reporting; agency
response.
"3514. Responsiveness to Congress.
"3515. Administrative powers.
"3516. Rules and regulations.
"3517. Consultation with other agencies and the public.
"3518. Effect on existing laws and regulations.
"3519. Access to information.
"3520. Authorization of appropriations.
" Section 3501. // 44 USC 3501. // Purpose
" The purpose of this chapter is--,
"(1) to minimize the Federal paperwork burden for individuals,
small businesses, State and local governments, and other persons;
"(2) to minimize the cost to the Federal Government of
collecting, maintaining, using, and disseminating information;
"(3) to maximize the usefulness of information collected by the
Federal Government;
"(4) to coordinate, integrate and, to the extent practicable
and appropriate, make uniform Federal information policies and
practices;
"(5) to ensure that automatic data processing and
telecommunications technologies are acquired and used by the
Federal Government in amanner which improves service delivery and
program management, increases productivity, reduces waste and
fraud, and, wherever practicable and appropriate, reduces the
information processing burden for the Federal Government and
for persons who provide information to the Federal Government;
and
"(6) to ensure that the collection, maintenance, use and
dissemination of information by the Federal Government is
consistent with applicable laws relating to confidentiality,
including section 552a of title 5, United States Code, known as
the Privacy Act.
" Section 3502. // 44 USC 3502. // Definitions
" As used in this chapter--,
"(1) the term 'agency' means any executive department, military
department, Government corporation, Government controlled
corporation, or other establishment in the executive branch of the
Government (including the Executive Office of the President), or
any independent regulatory agency, but does not include the
General Accounting Office, Federal Election Commission, the
governments of the District of Columbia and of the territories and
possessions of the United States, and their various subdivisions,
or Government-owned contractor-operated facilities including
laboratories engaged in national defense research and production
activities;
"(2) the terms 'automatic data processing,' 'automatic data
processing equipment,' and 'telecommunications' do not include any
data processing or telecommunications system or equipment, the
function, operation or use of which--,
shall not
include automatic data processing or telecommunications
equipment used for routine administrative and business
applications such as payroll, finance, logistics, and
personnel
management;
"(3) the term 'burden' means the time, effort, or financial
resources expended by persons to provide information to a Federal
agency;
"(4) the term 'collection of information' means the obtaining
or soliciting of facts or opinions by an agency through the use of
written report forms, application forms, schedules,
questionnaires, reporting or recordkeeping requirements, or other
similar methods calling for either--,
identical
reporting or recordkeeping requirements imposed on, ten
or
instrumentalities,
or employees of the United States which are to be used
for general statistical purposes;
"(5) the term 'data element' means a distinct piece of
information such as a name, term, number, abbreviation, or symbol;
"(6) the term 'data element dictionary' means a system
containing standard and uniform definitions and cross references
for commonly used data elements;
"(7) the term 'data profile' means a synopsis of the questions
contained in an information collection request and the official
name of the request, the location of information obtained or to be
obtained through the request, a description of any compilations,
analyses, or reports derived or to be derived from such
information, any record retention requirements associated with the
request, the agency responsible for the request, the statute
authorizing the request, and any other information necessary to
identify, obtain, or use the data contained in such information;
"(8) the term ' Director' means the Director of the Office of
Management and Budget;
"(9) the term 'directory of information resources' means a
catalog of information collection requests, containing a data
profile for each request;
"(10) the term 'independent regulatory agency' means the Board
of Governors of the Federal Reserve System, the Civil Aeronautics
Board, the Commodity Futures Trading Commission, the Consumer
Product Safety Commission, the Federal Communications Commission,
the Federal Deposit Insurance Corporation, the Federal Energy
Regulatory Commission, the Federal Home Loan Bank Board, the
Federal Maritime Commission, the Federal Trade Commission, the
Interstate Commerce Commission, the Mine Enforcement Safety and
Health Review Commission, the National Labor Relations Board, the
Nuclear Regulatory Commisssion, the Occupational Safety and Health
Review Commission, the Postal Rate Commission, the Securities and
Exchange Commission, and any other similar agency designated by
statute as a Federal independent regulatory agency or commission;
"(11) the term 'information collection request' means a written
report form, application form, schedule, questionnaire, reporting
or recordkeeping requirement, or other similar method calling for
the collection of information;
"(12) the term 'information referral service' means the
function that assists officials and persons in obtaining access to
the Federal Information Locator System;
"(13) the term 'information systems' means management
information system;
"(14) the term 'person' means an individual, partnership,
association, corporation, business trust, or legal representative,
an organized group of individuals, a State, territorial, or local
government or branch thereof, or a political subdivision of a
State, territory, or local government or a branch of a political
subdivision;
"(15) the term 'practical utility' means the ability of an
agency to use information it collects, particularly the capability
to process such information in a timely and useful fashion; and
"(16) the term 'recordkeeping requirement' means a requirement
imposed by an agency on persons to maintain specified records.
" Section 3503. // 44 USC 3503. // Office of Information and
Regulatory Affairs
"(a) There is established in the Office of Management and Budget an
office to be known as the Office of Information and Regulatory affairs.
"(b) There shall be at the head of the Office an Administrator who
shall be appointed by, and who shall report directly to, the Director.
The Director shall delegate to the Administrator the authority to
administer all functions under this chapter, except that any such
delegation shall not relieve the Director of responsibility for the
administration of such functions. The Administrator shall serve as
principal adviser to the Director on Federal information policy.
" Section 3504. // 44 USC 3504. // Authority and functions of
Director
"(a) The Director shall develop and implement Federal information
policies, principles, standards, and guidelines and shall provide
direction and oversee the review and approval of information collection
request, the reduction of the paperwork burden, Federal statistical
activities, records management activities, privacy of records,
interagency sharing of information, and acquisition and use of automatic
data processing telecommuncations, and other technology for managing
information resources. The authority under this section shall be
exercised consistent with applicable law.
"(b) The general information policy functions of the Director shall
include--,
"(1) developing and implementing uniform and consistent
information resources management policies and overseeing the
development of information management principles, standards, and
guidelines and promoting their use;
"(2) initiating and reviewing proposals for changes in
legislation, regulations, and agency procedures to improve
information practices, and informing the President and the
Congress on the progress made therein;
"(3) coordinating, through the review of budget proposals and
as otherwise provided in this section, agency information
practices;
"(4) promoting, through the use of the Federal Information
Locator System, the review of budget proposals and other methods,
greater sharing of information by agencies;
"(5) evaluating agency information management practices to
determine their adequacy and efficiency, and to determine
compliance of such practices with the policies, principles,
standards, and guidelines promulgated by the Director; and
"(6) overseeing planning for, and conduct of research with
respect to, Federal collection, processing, storage, transmission,
and use of information.
"(c) The information collection request clearance and other paperwork
control functions of the Director shall include--,
"(1) reviewing and approving information collection requests
proposed by agencies;
"(2) determining whether the collection of information by an
agency is necessary for the proper performance of the functions
of the agency, including whether the information will have
practical utility for the agency;
"(3) ensuring that all information collection requests--,
clearance
requirements of section 3507; and
it is
to be used, and whether responses to the request are
voluntary,
required to obtain a benefit, or mandatory;
"(4) designating as appropriate, in accordance with section
3509, a collection agency to obtain information for two or more
agencies;
"(5) setting goals for reduction of the burdens of Federal
information collection requests;
"(6) overseeing action on the recommendations of the Commission
on Federal Paperwork; and
"(7) designing and operating, in accordance with section 3511,
the Federal Information Locator System.
"(d) The statistical policy and coordination functions of the
Director shall include--,
"(1) developing long range plans for the improved performance
of Federal statistical activities and programs;
"(2) coordinating, through the review of budget proposals and
as otherwise provided in this section, the functions of the
Federal Government with respect to gathering, interpreting, and
disseminating statistics and statistical information;
"(3) developing and implementing Government-wide policies,
principles, standards, and guidelines concerning statistical
collection procedures and methods, statistical data
classifications, and statistical information presentation and
dissemination; and
"(4) evaluating statistical program performance and agency
compliance with Government-wide policies, principles, standards,
and guidelines.
"(e) The records management functions of the Director shall
include--,
"(1) providing advice and assistance to the Administrator of
General Services in order to promote coordination in the
administration
of chapters 29, 31, and 33 of this title // 44 USC 2901 3101 3301 //
with the information policies, principles, standards, and
guidelines established under this chapter;
"(2) reviewing compliance by agencies with the requirements of
chapters 29, 31, and 33 of this title and with regulations
promulgated by the Administrator of General Services thereunder;
and
"(3) coordinating records management policies and programs with
related information programs such as information collection,
statistics, automatic data processing and telecommunications, and
similar activities.
"(f) The privacy functions of the Director shall include--,
"(1) developing and implementing policies, principles,
standards, and guidelines on information disclosure and
confidentiality, and on safeguarding the security of information
collected or maintained by or on behalf of agencies;
"(2) providing agencies with advice and guidance about
information security, restriction, exchange, and disclosure; and
"(3) monitoring compliance with section 552a of title 5, United
States Code, and related information management laws.
"(g) The Federal automatic data processing and telecommunications
functions of the Director shall include--,
"(1) developing and implementing policies, principles,
standards, and guidelines for automatic data processing and
telecommunications functions and activities of the Federal
Government, and overseeing the establishment of standards under
section 111(f) of the Federal Property and Administrative Services
Act of 1949;
// 40 USC 759. //
"(2) monitoring the effectiveness of, and compliance with,
directives issued pursuant to sections 110 and 111 of such Act of
1949
// 40 USC 757, 759. //
and reviewing proposed determinations under section 111(g) of such
Act;
"(3) providing advice and guidance on the acquisition and use
of automatic data processing and telecommunications equipment, and
coordinating, through the review of budget proposals and other
methods, agency proposals for acquisition and use of such
equipment;
"(4) promoting the use of automatic data processing and
telecommunications equipment by the Federal Government to improve
the effectiveness of the use and dissemination of data in the
operation of Federal programs; and
"(5) initiating and reviewing proposals for changes in
legislation, regulations, and agency procedures to improve
automatic data processing and telecommunications practices, and
informing the President and the Congress of the progress made
therein.
"(h)(1) As soon as practicable, but no later than publication of a
notice of proposed rulemaking in the Federal Register, each agency shall
forward to the Director a copy of any proposed rule which contains a
collection of information requirement and upon request, information
necessary to make the determination required pursuant to this section.
"(2) Within sixty days after the notice of proposed rulemaking is
published in the Federal Register, the Director may file public comments
pursuant to the standards set forth in section 3508 on the collection of
information requirement contained in the proposed rule.
"(3) When a final rule is published in the Federal Register, the
agency shall explain how any collection of information requirement
contained in the final rule responds to the comments, if any, filed by
the Director or the public, or explain why it rejected those comments.
"(4) The Director has no authority to disapprove any collection of
information requirement specifically contained in an agency rule, if he
has received notice and failed to comment on the rule within sixty days
of the notice of proposed rulemaking.
"(5) Nothing in this section prevents the Director, in his
discretion--,
"(A) from disapproving any information collection request which
was not specifically required by an agency rule;
"(B) from disapproving any collection of information
requirement contained in an agency rule, if the agency failed to
comply with the requirements of paragraph (1) of this subsection;
or
"(C) from disapproving any collection of information
requirement contained in a final agency rule, if the Director
finds within sixty days of the publication of the final rule that
the agency's response to his comments filed pursuant to paragraph
(2) of this subsection was unreasonable.
"(D) from disapproving any collection of information
requirement where the Director determines that the agency has
substantially modified in the final rule the collection of
information requirement contained in the proposed rule where the
agency has not given the Director the information required in
paragraph
(1), with respect to the modified collection of information requirement,
at least sixty days before the issuance of the final rule.
"(6) The Director shall make publicy available any decision to
disapprove a collection of information requirement contained in an
agency rule, together with the reasons for such decision.
"(7) The authority of the Director under this subsection is subject
to the provisions of section 3507(c).
"(8) This subsection shall apply only when an agency publishes a
notice of proposed rulemaking and requests public comments.
"(9) There shall be no judicial review of any kind of the Director's
decision to approve or not to act upon a collection of information
requirement contained in an agency rule.
" Section 3505. // 44 USC 3505. // Assignment of tasks and deadlines
" In carrying out the functions under this chapter, the Director
shall--,
"(1) upon enactment of this Act--,
burden
which existed upon enactment by an additional 10 per
centum;
"(2) within one year after the effective date of this Act--,
responsibility
for conducting Government-wide or multiagency
audits, except the Director shall not assign such
responsibility
for the audit of major information systems used for the
conduct of criminal investigations or intelligence
activities
as defined in section 4 - 206 of Executive
Order 12036, issued
January 24, 1978,
// 50 USC 401 //
or successor orders, or for cryptologic
activities that are communications security activities;
System;
collection
requests and develop a schedule and methods for
eliminating
duplication;
Information
Locator System to include data profiles of major
information
holdings of agencies (used in the conduct of their
operations) which are not otherwise required by this
chapter
to be included in the System; and
of
information associated with the administration of
Federal
grant programs; and
"(3) within two years after the effective date of this Act--,
information
handling disciplines, including records management, are
appropriately integrated with the information policies
mandated
by this chapter;
Federal
operations using information processing technology;
information
processing standards, particularly software language
standards,
at all Federal installations; and (ii) revitalize the
standards development program established pursuant to
section 759(f)(2) of title 40, United States Code,
separating it
from peripheral technical assistance functions and
directing
it to the most productive areas;
Commission
on Federal Paperwork by implementing, implementing
with modification or rejecting such recommendations
including, where necessary, development of legislation
to
implement such recommendations;
automatic
data processing and telecommunications needs of the
Federal
Government in accordance with the requirements of
section 111 of the Federal Property and
Administrative
Services Act of 1949 (40 U.S.C. 759) and the
purposes of this
chapter; and
legislative
proposals to remove inconsistencies in laws and
practices
involving privacy, confidentiality, and disclosure of
information.
" Section 3506. // 44 USC 3506. // Federal agency responsibilities
"(a) Each agency shall be responsible for carrying out its
information management activities in an efficient, effective, and
economical manner, and for complying with the information policies,
principles, standards, and guidelines prescribed by the Director.
"(b) The head of each agency shall designate, within three months
after the effective date of this Act, a senior official or, in the case
of military departments, and the Office of the Secretary of Defense,
officials who report directly to such agency head to carry out the
responsibilities of the agency under this chapter. If more than one
official is appointed for the military departments the respective duties
of the officials shall be clearly delineated.
"(c) Each agency shall--,
"(1) systematically inventory its major information systems and
periodically review its information management activities,
including planning, budgeting, organizing, directing, training,
promoting, controlling, and other managerial activities involving
the collection, use, and dissemination of information;
"(2) ensure its information systems do not overlap each other
or duplicate the systems of other agencies;
"(3) develop procedures for assessing the paperwork and
reporting burden of proposed legislation affecting such agency;
"(4) assign to the official designated under subsection (b) the
responsibility for the conduct of and accountability for any
acquisitions made pursuant to a delegation of authority under
section 111 of the Federal Property and administrative Services
Act of 1949 (40 U.S.C. 759); and
"(5) ensure that information collection requests required by
law or to obtain a benefit, and submitted to nine or fewer
persons, contain a statement to inform the person receiving the
request that the request is not subject to the requirements of
section 3507 of this chapter.
"(d) The head of each agency shall establish such procedures as
necessary to ensure the compliance of the agency with the requirements
of the Federal Information Locator System, including necessary screening
and compliance activities.
" Section 3507. // 44 USC 3507. // Public information collection
activities-submission to Director; approval and delegation
"(a) An agency shall not conduct or sponsor the collection of
information unless, in advance of the adoption or revision of the
request for collection of such information--,
"(1) the agency has taken actions, including consultation with
the Director, to--,
Information
Locator System and other means, information
collections
which seek to obtain information available from another
source within the Federal Government;
agencies
and to the public;
"(2) the agency (A) has submitted to the Director the proposed
information collection request, copies of pertinent regulations
and other related materials as the Director may specify, and an
explanation of actions taken to carry out paragraph (1) of this
subsection, and (B) has prepared a notice to be published in the
Federal Register stating that the agency has made such submission;
and
"(3) the Director has approved the proposed information
collection request, or the period for review of information
collection requests by the Director provided under subsection (b)
has
"(b) The Director shall, within sixty days of receipt of a proposed
information collection request, notify the agency involved of the
decision to approve or disapprove the request and shall make such
decisions publicly available. If the Director determines that a request
submitted for review cannot be reviewed within sixty days, the Director
may, after notice to the agency involved, extend the review period for
an additional thirty days. If the Director does not notify the agency
of an extension, denial, or approval within sixty days (or, if the
Director has extended the review period for an additional thirty days
and does not notify the agency of a denial or approval within the time
of the extension), a control number shall be assigned without further
delay, the approval may be inferred, and the agency may collect the
information for not more than one year.
"(c) Any disapproval by the Director, in whole or in part, of a
proposed information collection request of an independent regulatory
agency, or an exercise of authority under section 3504(h) or 3509
concerning such an agency, may be voided, if the agency by a majority
vote of its members overrides the Director's disapproval or exercise of
authority. The agency shall certify each override to the Director,
shall explain the reasons for exercising the override authority. Where
the override concerns an information collection request, the Director
shall without further delay assign a control number to such request, and
such override shall be valid for a period of three years.
"(d) The Director may not approve an information collection request
for a period in excess of three years.
"(e) If the Director finds that a senior official of an agency
designated pursuant to section 3506(b) is sufficiently independent of
program responsibility to evaluate fairly whether proposed information
collection requests should be approved and has sufficient resources to
carry out this responsibility effectively, the Director may, by rule in
accordance with the notice and comment provisions of chapter 5 of title
5, United States Code, // 5 USC 500 // delegate to such official the
authority to approve proposed requests in specific program areas, for
specific purposes, or for all agency purposes. A delegation by the
Director under this section shall not preclude the Director from
reviewing individual information collection requests if the Director
determines that circumstances warrant such a review. The Director shall
retain authority to revoke such delegations, both in general and with
regard to any specific matter. In acting for the Director, any official
to whom approval authority has been delegated under this section shall
comply fully with the rules and regulations promulgated by the Director.
"(f) An agency shall not engage in a collection of information
without obtaining from the Director a control number to be displayed
upon the information collection request.
"(g) If an agency head determines a collection of information (1) is
needed prior to the expiration of the sixty-day period for the review of
information collection requests established pursuant to subsection (b),
(2) is essential to the mission of the agency, and (3) the agency cannot
reasonably comply with the provisions of this chapter within such
sixty-day period because (A) public harm will result if normal clearance
procedures are followed, or (B) an unanticipated event has occurred and
the use of normal clearance procedures will prevent or disrupt the
collection of information related to the event or will cause a statutory
deadline to be missed, the agency head may request the Director to
authorize such collection of information prior to expiration of such
sixty-day period. The Director shall approve or disapprove any such
authorization request within the time requested by the agency head and,
if approved, shall assign the information collection request a control
number. Any collection of information conducted pursuant to this
subsection may be conducted without compliance with the provisions of
this chapter for a maximum of ninety days after the date on which the
Director received the request to authorize such collection.
" Section 3508. // 44 USC 3508. // Determination of necessity for
information; hearing
" Before approving a proposed information collection request, the
Director shall determine whether the collection of information by an
agency is necessary for the proper performance of the functions of the
agency, including whether the information will have practical utility.
Before making a determination the Director may give the agency and other
interested persons an opportunity to be heard or to submit statements in
writing. To the extent, if any, that the Director determines that the
collection of information by an agency is unnecessary, for any reason,
the agency may not engage in the collection of the information.
" Section 3509. // 44 USC 3509. // Designation of central collection
agency
" The Director may designate a central collection agency to obtain
information for two or more agencies if the Director determines that the
needs of such agencies for information will be adequately served by a
single collection agency, and such sharing of data is not inconsistent
with any applicable law. In such cases the Director shall prescribe
(with reference to the collection of information) the duties and
functions of the collection agency so designated and of the agencies for
which it is to act as agent (including reimbursement for costs). While
the designation is in effect, an agency covered by it may not obtain for
itself information which it is the duty of the collection agency to
obtain. The Director may modify the designation from time to time as
circumstances require. The authority herein is subject to the
provisions of section 3507(c) of this chapter.
" Section 3510. // 44 USC 3510. // Cooperation of agencies in making
information available
"(a) The Director may direct an agency to make available to another
agency, or an agency may make available to another agency, information
obtained pursuant to an information collection request if the disclosure
is not inconsistent with any applicable law.
"(b) If information obtained by an agency is released by that agency
to another agency, all the provisions of law (including penalties which
relate to the unlawful disclosure of information) apply to the officers
and emplyees of the agency to which information is released to the same
extent and in the same manner as the provisions apply to the officers
and employees of the agency which originally obtained the information.
The officers and employees of the agency to which the information is
released, in addition, shall be subject to the same provisions of law,
including penalties, relating to the unlawful disclosure of information
as if the information had been collected directly by that agency.
" Section 3511. // 44 USC 3511. // Establishment and operation of
Federal Information Locator System
"(a) There is established in the Office of Information and Regulatory
Affairs a Federal Information Locator System (hereafter in this section
referred to as the ' System') which shall be composed of a directory of
information resources, a data element dictionary, and an information
referral service. The System shall serve as the authoritative register
of all information collection requests.
"(b) In designing and operating the System, the Director shall--,
"(1) design and operate an indexing system for the System;
"(2) require the head of each agency to prepare in a form
specified by the director, and to submit to the Director for
inclusion in the System, a data profile for each information
collection request of such agency;
"(3) compare data profiles for proposed information collection
requests against existing profiles in the System, and make
available the results of such comparison to--,
"(4) ensure that no actual data, except descriptive data
profiles necessary to identify duplicative data or to locate
information, are contained within the System.
" Section 3512. // 44 USC 3512. // Public protection
" Notwithstanding any other provision of law, no person shall be
subject to any penalty for failing to maintain or provide information to
any agency if the information collection request involved was made after
December 31, 1981, and does not display a current control number
assigned by the Director, or fails to state that such request is not
subject to this chapter.
" Section 3513. // 44 USC 3513. // Director review of agency
activities; reporting; agency response
"(a) The Director shall, with the advice and assistance of the
Administrator of General Services, selectively review, at least once
every three years, the information management activities of each agency
to ascertain their adequacy and efficiency. In evaluating the adequacy
and efficiency of such activities, the Director shall pay particular
attention to whether the agency has complied with section 3506.
"(b) The Director shall report the results of the reviews to the
appropriate agency head, the House Committee on Government Operations,
the Senate Committee on Governmental Affairs, the House and Senate
Committees on Appropriations, and the committees of the Congress having
jurisdiction over legislation relating to the operations of the agency
involved.
"(c) Each agency which receives a report pursuant to subsection (b)
shall, within sixty days after receipt of such report, prepare and
transmit to the Director, the House Committee on Government Operations,
the Senate Committee on Governmental Affairs, the House and Senate
Committees on Appropriations, and the committees of the Congress having
jurisdiction over legislation relating to the operations of the agency,
a written statement responding to the Director's report, including a
description of any measures taken to alleviate or remove any problems or
deficiencies identified in such report.
" Section 3514. // 44 USC 3514. // Responsiveness to Congress
"(a) The Director shall keep the Congress and its committees fully
and currently informed of the major activities under this chapter, and
shall submit a report thereon to the President of the Senate and the
Speaker of the House of Representatives annually and at such other times
as the Director determines necessary. The Director shall include in any
such report--,
"(1) proposals for legislative action needed to improve Federal
information management, including, with respect to information
collection, recommendations to reduce the burden on individuals,
small businesses, State and local governments, and other persons;
"(2) a compilation of legislative impediments to the collection
of information which the Director concludes that an agency needs
but does not have authority to collect;
"(3) an analysis by agency, and by categories the Director
finds useful and practicable, describing the estimated reporting
hours required of persons by information collection requests,
including to the extent practicable the direct budgetary costs of
the agencies and identification of statutes and regulations which
impose the greatest number of reporting hours;
"(4) a summary of accomplishments and planned initiatives to
reduce burdens of Federal information collection requests;
"(5) a tabulation of areas of duplication in agency information
collection requests identified during the preceding year and
efforts made to preclude the collection of duplicate information,
including designations of central collection agencies;
"(6) a list of each instance in which an agency engaged in the
collection of information under the authority of section 3507(g)
and an identification of each agency involved;
"(7) a list of all violations of provisions of this chapter and
rules, regulations, guidelines, policies, and procedures issued
pursuant to this chapter; and
"(8) with respect to recommendations of the Commission on
Federal Paperwork--,
copleting
action on such recommendations.
"(b) The preparation of any report required by this section shall not
increase the collection of information burden on persons outside the
Federal Government.
" Section 3515. // 44 USC 3515. // Administrative powers
" Upon the request of the Director, each agency (other than an
independent regulatory agency) shall, to the extent practicable, make
its services, personnel, and facilities available to the Director for
the performance of functions under this chapter.
" Section 3516. // 44 USC 3516. // Rules and regulations
" The Director shall promulgate rules, regulations, or procedures
necessary to exercise the authority provided by this chapter.
" Section 3517. // 44 USC 3517. // Consultation with other agencies
and the public
" In development of information policies, plans, rules, regulations,
procedures, and guidelines and in reviewing information collection
requests, the Director shall provide interested agencies and persons
early and meaningful opportunity to comment.
" Section 3518. // 44 USC 3518. // Effect on existing laws and
regulations
"(a) Except as otherwise provided in this chapter, the authority of
an agency under any other law to prescribe policies, rules, regulations,
and procedures for Federal information activities is subject to the
authority conferred on the Director by this chapter.
"(b) Nothing in this chapter shall be deemed to affect or reduce the
authority of the Secretary of Commerce or the Director of the Office of
Management and Budget pursuant to Reorganization Plan No. 1 of 1977 (as
amended) // 5 USC app.; // and Executive order, relating to
telecommunications and information policy, procurement and management of
telecommunications and information systems, spectrum use, and related
matters.
"(c)(1) Except as provided in paragraph (2), this chapter does not
apply to the collection of information--,
"(A) during the conduct of a Federal criminal investigation or
prosecution, or during the disposition of a particular criminal
matter;
"(B) during the conduct of (i) a civil action to which the
United States or any official or agency thereof is a party or (ii)
an administrative action or investigation involving an agency
against specific individuals or entities;
"(C) by compulsory process pursuant to the Antitrust Civil
Process Act
// 15 USC 1311 //
and section 13 of the Federal Trade Commission Improvements Act of
1980; or
"(D) during the conduct of intelligence activities as defined
in section 4 - 206 of Executive Order 12036, issued January 24,
1978,
// 50 USC 401 //
or successor orders, or during the conduct of cryptologic
activities that are communications security activities.
"(2) This chapter applies to the collection of information during the
conduct of general investigations (other than information collected in
an antitrust investigation to the extent provided in subparagraph (C) of
paragraph (1) undertaken with reference to a category of individuals or
entities such as a class of licensees or an entire industry.
"(d) Nothing in this chapter shall be interpreted as increasing or
decreasing the authority conferred by Public Law 89 - 306 // 40 USC 759.
// on the Administrator of the General Services Administration, the
Secretary of Commerce, or the Director of the Office of Management and
Budget.
"(e) Nothing in this chapter shall be interpreted as increasing or
decreasing the authority of the President, the Office of Management and
Budget or the Director thereof, under the laws of the United States,
with respect to the substantive policies and programs of departments,
agencies and offices, including the substantive authority of any Federal
agency to enforce the civil rights laws.
" Section 3519. // 44 USC 3519. // Access to information
" Under the conditions and procedures prescribed in section 313 of
the Budget and Accounting Act of 1921, as amended, the Director and
personnel in the Office of Information and Regulatory Affairs shall
furnish such information as the Comptroller General may require for the
discharge of his responsibilities. For this purpose, the comptroller
General or representatives thereof shall have access to all books,
documents, papers and records of the Office.
" Section 3520. // 44 USC 3520. // Authorization of appropriations
" There are hereby authorized to be appropriated to carry out the
provisions of this chapter, and for no other purpose, sums--,
"(1) not to exceed $8,000,000 for the fiscal year ending
September 30, 1981;
"(2) not to exceed $8,500,000 for the fiscal year ending
September 30, 1982; and
"(3) not to exceed $9,000,000 for the fiscal year ending
September 30, 1983."
(b) The item relating to chapter 35 in the table of chapters for such
title is amended to read as follows:
"35. Coordination of Federal Information Policy.".
(c)(1) Section 2904(10) of such title // 44 USC 2904. // is amended
to read as follows:
"(10) report to the appropriate oversight and appropriations
committees of the Congress and to the Director of the Office of
Management and Budget annually and at such other times as the
Administrator deems desirable (A) on the results of activities
conducted pursuant to paragraphs (1) through (9) of this section,
(B) on evaluations of responses by Federal agencies to any
recommendations resulting from inspections or studies conducted
under paragraphs (8) and (9) of this section, and (C) to the
extent practicable, estimates of costs to the Federal Government
resulting from the failure of agencies to implement such
recommendations."
(2) Section 2905 of such title // 44 USC 2905. // is amended by
redesignating the text thereof as subsection (a) and by adding at the
end of such section the following new subsection:
"(b) The Administrator of General Services shall assist the
Administrator for the Office of Information and Regulatory Affairs in
conducting studies and developing standards relating to record retention
requirements imposed on the public and on State and local governments by
Federal agencies.".
Sec. 3. // 44 USC 3503 // (a) The President and the Director of the
Office of Management and Budget shall delegate to the Administrator for
the Office of Information and Regulatory Affairs all functions,
authority, and responsibility under section 103 of the Budget and
Accounting Procedures Act of 1950 (31 U.S.C. 18b).
(b) The Director of the Office of Management and Budget shall
delegate to the Administrator for the Office of Information and
Regulatory Affairs all functions, authority, and responsibility of the
Director under section 552a of title 5, United States Code, under
Executive Order 12046 // 3 CFR 1978 // and Reorganization Plan No. 1 for
telecommunications, and under section 111 of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 759).
Sec. 4. (a) Section 400 A of the General Education Provisions Act //
20 USC 1221 - 3. // is amended by (1) striking out "and" after
"institutions" in subsection (a)(1)(A) and inserting in lieu thereof
"or", and (2) by amending subsection (a)(3)(B) to read as follows:
"(B) No collection of information or data acquisition activity
subject to such procedures shall be subject to any other review,
coordination, or approval procedure outside of the relevant Federal
agency, except as required by this subsection and by the Director of the
Office of Management and Budget under the rules and regulations
established pursuant to chapter 35 of title 44, United States Code. If
a requirement for information is submitted pursuant to this Act for
review, the timetable for the Director's approval established in section
3507 of the Paperwork Reduction Act of 1980 shall commence on the date
the request is submitted, and no independent submission to the Director
shall be required under such Act.".
(b) Section 201(e) of the Surface Mining Control and Reclamation Act
of 1977 (30 U.S.C. 1211) is repealed.
(c) Section 708(f) of the Public Health Service Act (42 U.S.C. 292h(
f) is repealed.
(d) Section 5315 of title 5, United States Code, is amended by adding
at the end thereof the following:
" Administrator, Office of Information and Regulatory Affairs,
Office of Management and Budget.".
Sec. 5. This Act // 44 USC 3501 // shall take effect on April 1,
1981.
Approved December 11, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 835 (Comm. on Government Operations).
SENATE REPORT No. 96 - 930 accompanying S. 1411 (Comm. on
Governmental Affairs).
CONGRESSIONAL RECORD, Vol. 126 (1980):
Mar. 24, considered and passed House.
Nov. 19, S. 1411 considered and passed Senate; passage vacated
and H.R. 6410, amended, passed in lieu.
Dec. 1, House concurred in Senate amendments.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 16, No. 50:
Dec. 11, Presidential statement.
PUBLIC LAW 96-510, 94 STAT. 2767, COMPREHENSIVE ENVIRONMENTAL
RESPONSE, COMPENSATION AND LIABILITY ACT OF 1980.
emergency response for hazardous
substances released into the environment and the
cleanup of inactive hazardous
waste disposal sites.
Be it enacted by the Senate and House of Representatives of the
United States of American in Congress assembled, That this Act // 42 USC
9601 // may be cited as the " Comprehensive Environmental Response,
Compensation, and Liability Act of 1980".
Sec. 101. // 42 USC 9601. // For purpose of this title, the term--,
(1) "act of God" means an unanticipated grave natural disaster
or other natural phenomenon of an exceptional, inevitable, and
irresistible character, the effects of which could not have been
prevented or avoided by the exercise of due care or foresight;
(2) " Administrator" means the Administrator of the United
States Environmental Protection Agency;
(3) "barrel" means forty-two United States gallons at sixty
degrees Fahrenheit;
(4) "claim" means a demand in writing for a sum certain;
(5) "claimant" means any person who presents a claim for
compensation under this Act;
(6) "damages" means damages for injury or loss of natural
resources as set forth in section 107(a) or 111(b) of this Act;
(7) "drinking water supply" means any raw or finished water
source that is or may be used by a public water system (as defined
in the Safe Drinking Water Act)
// 42 USC 201 //
or as drinking water by one or more individuals;
(8) "environment" means (A) the navigable waters, the waters of
the contiguous zone, and the ocean waters of which the natural
resources are under the exclusive management authority of the
United States under the Fishery Conservation and Management Act of
1976,
// 16 USC 1801 //
and (B) any other surface water, ground water, drinking water
supply, land surface or subsurface strata, or ambient air within
the United States or under the jurisdiction of the United States;
(9) "facility" means (A) any building, structure, installation,
equipment, pipe or pipeline (including any pipe into a sewer or
publicly owned treatment works), well, pit, pond, lagoon,
impoundment, ditch, landfill, storage container, motor vehicle,
rolling stock, or aircraft, or (B) any site or area where a
hazardous substance has been deposited, stored, disposed of, or
placed, or otherwse come to be located; but does not include any
consumer product in consumer use or vessel;
(10) "federally permitted release" means (A) discharges in
compliance with a permit under section 402 of the Federal Water
Pollution Control Act,
// 33 USC 1342. //
(B) discharges resulting from circumstances identified and
reviewed and made part of the public record with respect to a
permit issued or modified under section 402 of the Federal Water
Pollution Control Act and subject to a condition of such permit,
(C) continuous or anticipated intermittent discharges from a point
source, identified in a permit or permit application under section
402 of the Federal Water Pollution Control Act, which are caused
by events occurring within the scope of relevant operating or
treatment systems, (D) discharges in compliance with a legally
enforceable permit under section 404 of the Federal Water
Pollution Control Act,
// 33 USC 1344. //
(E) releases in compliance with a legally enforceable final permit
issued pursuant to section 3005 (a) through (d) of the Solid Waste
Disposal Act
// 42 USC 6925. //
from a hazardous waste treatment, storage, or disposal facility
when such permit specifically identifies the hazardous substances
and makes such substances subject to a standard of practice,
control procedure or bioassay limitation or condition, or other
control on the hazardous substances in such releases, (F) any
release in compliance with a legally enforceable permit issued
under section 102 of section 103 of the Marine Protection,
Research, and Sanctuaries Act of 1972,
// 33 USC 1412, 1413. //
(G) any injection of fluids authorized under Federal underground
injection control programs or State programs submitted for Federal
approval (and not disapproved by the Administrator of the
Environmental Protection Agency) pursuant to part C of the Safe
Drinking Water Act,
// 42 USC 300. //
(H) any emission into the air subject to a permit or control
regulation under section 111, section 112, title I part C, title I
part D, or State implementation plans submitted in accordance with
section 110 of the Clean Air Act
// 42 USC 7411, 7412, 7470, 7501. 42 USC 7410. //
(and not disapproved by the Administrator of the Environmental
Protection Agency), including any schedule or waiver granted,
promulgated, or appoved under these sections, (I) any injection of
fluids or other materials authorized under applicable State law
(i) for the purpose of stimulating or treating wells for the
production of crude oil, natural gas, or water, (ii) for the
purpose of secondary, tertiary, or other enhanced recovery of
crude oil or natural gas, or (iii) which are brought to the
surface in conjunction with the production of crude oil or natural
gas and which are reinjected, (J) the introduction of any
pollutant into a publicly owned treatment works when such
pollutant is specified in and in compliance with applicable
pretreatment standards of section 307 (b) or (c) of the Clean
Water Act
// 33 USC 1317. //
and enforceable requirements in a pretreatment program submitted
by a State or municipality for Federal approval under section 402
of such Act,
// 33 USC 1342. //
and (K) any release of source, special nuclear, or byproduct
material, as those terms are defined in the Atomic Energy Act of
1954,
// 42 USC 2014. //
in compliance with a legally enforceable license, permit,
regulation, or order issued pursuant to the Atomic Energy Act of
1954;
(11) " Fund" or " Trust Fund" means the Hazardous Substance
Response Fund established by section 221 of this Act or, in the
case of a hazardous waste disposal facility for which liability
has been transferred under section 107(k) of this Act, the
Post-closure Liability Fund established by section 232 of this
Act;
(12) "ground water" means water in a saturated zone or stratum
beneath the surface of land or water;
(13) "guarantor" means any person, other than the owner or
operator, who provides evidence of financial responsibility for an
owner or operator under this Act;
(14) "hazardous substance" means (A) any substance designated
pursuant to section 311(b)(2)(A) of the Federal Water Pollution
Control Act,
// 33 USC 1321. //
(B) any element, compound, mixture, solution, or substance
designated pursuant to section 102 of this Act, (C) any hazardous
waste having the characteristics identified under or listed
pursuant to section 3001 of the Solid Waste Disposal Act
// 42 USC 6921. //
(but not including any waste the regulation of which under the
Solid Waste Disposal Act has been suspended by Act of Congress),
(D) any toxic pollutant listed under section 307(a) of the Federal
Water Pollution Control Act, (E) any hazardous air pollutant
listed under section 112 of the Clean Air Act,
// 42 USC 7412. //
and (F) any imminently hazardous chemical substance or mixture
with respect to which the Administrator has taken action pursuant
to section 7 of the Toxic Substances Control Act.
// 15 USC 2606.//
The term does not include petroleum, including crude oil or any
fraction thereof which is not otherwise specifically listed or
designated as a hazardous substance under subparagraphs (A)
through (F) of this paragraph, and the term does not include
natural gas, natural gas liquids, liquefied natural gas, or
synthetic gas usable for fuel (or mixtures of natural gas and such
synthetic gas);
(15) "navigable waters" or "navigable waters of the United
States" means the waters of the United States, including the
territorial seas;
(16) "natural resources" means land, fish, wildlife, biota,
air, water, ground water, drinking water supplies, and other such
resources belonging to, managed by, held in trust by, appertaining
to, or otherwise controlled by the United States (including the
resources of the fishery conservation zone established by the
Fishery Conservation and Management Act of 1976),
// 16 USC 1801 //
any State or local government, or any foreign government;
(17) "offshore facility" means any facility of any kind located
in, on, or under, any of the navigable waters of the United
States, and any facility of any kind which is subject to the
jurisdiction of the United States and is located in, on, or under
any other waters, other than a vessel or a public vessel;
(18) "onshore facility" means any facility (including, but not
limited to, motor vehicles and rolling stock) of any kind located
in, on, or under, any land or nonnavigable waters within the
United States;
(19) "otherwise subject to the jurisdiction of the United
States" means subject to the jurisdiction of the United States by
virtue of United States citizenship, United States vessel
documentation or numbering, or as provided by international
agreement to which the United States is a party;
(20)(A) "owner or operator" means (i) in the case of a vessel,
any person owning, operating, or chartering by demise, such
vessel, (ii) in the case of an onshore facility or an offshore
facility, any person owning or operating such facility, and (iii)
in the case of any abandoned facility, any person who owned,
operated, or otherwise controlled activities at such facility
immediately prior to such abandonment. Such term does not include
a person, who, without participating in the management of a vessel
or facility, holds indicia of ownership primarily to protect his
security interest in the vessel or facility;
(B) in the case of a hazardous substance which has been
accepted for transportation by a common or contract carrier and
except as provided in section 107(a) (3) or (4) of this Act, (i)
the term "owner or operator" shall mean such common carrier or
other bona fide for hire carrier acting as an independent
contractor during such transportation, (ii) the shipper of such
hazardous substance shall not be considered to have caused or
contributed to any release during such transportation which
resulted solely from circumstances or conditions beyond his
control;
(C) in the case of a hazardous substance which has been
delivered by a common or contract carrier to a disposal or
treatment facility and except as provided in section 107(a) (3) or
(4) (i) the term "owner or operator" shall not include such common
or contract carrier, and (ii) such common or contract carrier
shall not be considered to have caused or contributed to any
release at such disposal or treatment facility resulting from
circumstances or conditions beyond its control;
(21) "person" means an individual, firm, corporation,
association, partnership, consortium, joint venture, commercial
entity, United States Government, State, municipality, commission,
political subdivision of a State, or any interstate body;
(22) "release" means any spilling, leaking, pumping, pouring
emitting, emptying, discharging, injecting, escaping, leaching,
dumping, or disposing into the environment, but excludes (A) any
release which results in exposure to persons solely within a
workplace, with respect to a claim which such persons may assert
against the employer of such persons, (B) emissions from the
engine exhaust of a motor vehicle, rolling stock, aircraft,
vessel, or pipeline pumping station engine, (C) release of source,
byproduct, or special nuclear material from a nuclear incident, as
those terms are defined in the Atomic Energy Act of 1954,
// 42 USC 2011 //
if such release is subject to requirements with respect to
financial protection established by the Nuclear Regulatory
Commission under section 170 of such Act,
// 42 USC 2210. //
or, for the purposes of section 104 of this title or any other
response action, any release of source byproduct, or special
nuclear material from any processing site designated under section
102(a)(1) or 302(a) of the Uranium Mill Tailings Radiation Control
Act of 1978, // 42 USC 7912, 7942.// and (D) the normal
application of fertilizer;
(23) "remove" or "removal" means the cleanup or removal of
released hazardous substances from the environment, such actions
as may be necessary taken in the event of the threat of release of
hazardous substances into the environment, such actions as may be
necessary to monitor, assess, and evaluate the release or threat
of release of hazardous substances, the disposal of removed
material, or the taking of such other actions as may be necessary
to prevent, minimize, or mitigate damage to the public health or
welfare or to the environment, which may otherwise result from a
release or threat of release. The term includes, in addition,
without being limited to, security fencing or other measures to
limit access, provision of alternative water supplies, temporary
evacuation and housing of threatened individuals not otherwise
provided for, action taken under section 104(b) of this Act, and
any emergency assistance which may be provided under the Disaster
Relief Act of 1974;
// 42 USC 5121 //
(24) "remedy" or "remedial action" means those actions
consistent with permanent remedy taken instead of or in addition
to removal actions in the event of a release or threatened release
of a hazardous substance into the environment, to prevent or
minimize the release of hazardous substances so that they do not
migrate to cause substantial danger to present or future public
health or welfare or the environment. The term includes, but is
not limited to, such actions at the location of the release as
storage, confinement, perimeter protection using dikes, trenches,
or ditches, clay cover, neutralization, cleanup of released
hazardous substances or contaminated materials, recycling or
reuse, diversion, destruction, segregation of reactive wastes,
dredging or excavations, repair or replacement of leaking
containers, collection of leachate and runoff, onsite treatment or
incineration, provision of alternative water supplies, and any
monitoring reasonably required to assure that such actions protect
the public health and welfare and the environment. The term
includes the costs of permanent relocation of residents and
businesses and community facilities where the President determines
that, alone or in combination with other measures, such relocation
is more cost-effective than and environmentally preferable to the
transportation, storage, treatment, destruction, or secure
disposition offsite of hazardous substances, or may otherwise be
necessary to protect the public health or welfare. The term does
not include offsite transport of hazardous substances, or the
storage, treatment, destruction, or secure disposition offsite of
such hazardous substances or contaminated materials unless the
President determines that such actions (A) are more cost-effective
than other remedial actions, (B) will create new capacity to
manage, in compliance with subtitle C of the Solid Waste Disposal
Act, hazardous substances in addition to those located at the
affected facility, or (C) are necessary to protect public health
or welfare or the environment from a present or potential risk
which may be created by further exposure to the continued presence
of such substances or materials;
(25) "respond" or "response" means remove, removal, remedy, and
remedial action;
(26) "transport" or "transportation" means the movement of a
hazardous substance by any mode, including pipeline (as defined in
the Pipeline Safety Act),
// 49 USC 1671 //
and in the case of a hazardous substance which has been accepted
for transportation by a common or contract carrier, the term
"transport" or "transportation" shall include any stoppage in
transit which is temporary, incidental to the transportation
movement, and at the ordinary operating convenience of a common or
contract carrier, and any such stoppage shall be considered as a
continuity of movement and not as the storage of a hazardous
substance;
(27) " United States" and " State" include the several States
of the United States, the District of Columbia, the Commonwealth
of Puerto Rico, Guam, American Samoa, the United States Virgin
Islands, the Commonwealth of the Northern Marianas, and any other
territory or possession over which the United States has
jurisdiction;
(28) "vessel" means every description of watercraft or other
artificial contrivance used, or capable of being used, as a means
of transportation on water;
(29) "disposal", "hazardous waste", and "treatment" shall have
the meaning provided in section 1004 of the Solid Waste Disposal
Act;
// 42 USC 6903. //
(30) "territorial sea" and "contiguous zone" shall have the
meaning provided in section 502 of the Federal Water Pollution
Control Act.
// 33 USC 1362. //
(31) "national contingency plan" means the national contingency
plan published under section 311(c) of the Federal Water Pollution
Control Act
// 33 USC 1321. //
or revised pursuant to section 105 of this Act; and
(32) "liable" or "liability" under this title shall be
construed to be the standard of liability which obtains under
section 311 of the Federal Water Pollution Control Act.
Sec. 102. // 42 USC 9602. // (a) The Administrator shall promulgate
and revise as may be appropriate, regulations designating as hazardous
substances, in addition to those referred to in section 101(14) of this
title, such elements, compounds, mixtures, solutions, and substances
which, when released into the environment may present substantial danger
to the public health or welfare or the environment, and shall promulgate
regulations establishing that quantity of any hazardous substance the
release of which shall be reported pursuant to section 103 of this
title. The Administrator may determine that one single quantity shall
be the reportable quantity for any hazardous substance, regardless of
the medium into which the hazardous substance is released.
(b) Unless and until superseded by regulations establishing a
reportable quantity under subsection (a) of this section for any
hazardous substance as defined in section 101(14) of this title, (1) a
quantity of one pound, or (2) for those hazardous substances for which
reportable quantities have been established pursuant to section 311(b)(
4) of the Federal Water Pollution Control Act, // 33 USC 1321. // such
reportable quantity, shall be deemed that quantity, the release of which
requires notification pursuant to section 103(a) or (b) of this title.
Sec. 103. // 42 USC 9603. // (a) Any person in charge of a vessel or
an offshore or an onshore facility shall, as soon as he has knowledge of
any release (other than a federally permitted release) of a hazardous
substance from such vessel or facility in quantities equal to or greater
than those determined pursuant to section 102 of this title, immediately
notify the National Response Center established under the Clean Water
Act // 33 USC 1251 // of such release. The National Response Center
shall convey the notification expeditiously to all appropriate
Government agencies, including the Governor of any affected State.
(b) Any person--,
(1) in charge of a vessel from which a hazardous substance is
released, other than a federally permitted release, into or upon
the navigable waters of the United States, adjoining shorelines,
or nto or upon the waters of the contiguous zone, or
(2) in charge of a vessel from which a hazardous substance is
released, other than a federally permitted release, which may
affect natural resources belonging to, appertaining to, or under
the exclusive management authority of the United States (including
resources under the Fishery Conservation and Management Act of
1976),
// 16 USC 1801 //
and who is otherwise subject to the jurisdiction of the United
States at the time of the release, or
(3) in charge of a facility from which a hazardous substance is
released, other than a federally permitted release, in a quantity
equal to or greater than that determined pursuant to section 102
of this title who fails to notify immediately the appropriate
agency of the United States Government as soon as he has knowledge
of such release shall, upon conviction, be fined not more than
$10,000 or imprisoned for not more than one year, or both.
Notification received pursuant to this paragraph or information
obtained by the exploitation of such notification shall not be
used against any such person in any criminal case, except a
prosecution for perjury or for giving a false statement.
(c) Within one hundred and eighty days after the enactment of this
Act, any person who owns or operates or who at the time of disposal
owned or operated, or who accepted hazardous substances for transport
and selected, a facility at which hazardous substances (as defined in
section 101(14)(C) of this title) are or have been stored, treated, or
disposed of shall, unless such facility has a permit issued under, or
has been accorded interim status under, subtitle C of the Solid Waste
Disposal Act, // 42 USC 6921. // notify the Administrator of the
Environmental Protection Agency of the existence of such facility,
specifying the amount and type of any hazardous substance to be found
there, and any known, suspected, or likely releases of such substances
from such facility. The Administrator may prescribe in greater detail
the manner and form of the notice and the information included. The
Administrator shall notify the affected State agency, or any department
designated by the Governor to receive such notice, of the existence of
such facility. Any person who knowingly fails to notify the
Administrator of the existence of any such facility shall, upon
conviction, be fined not more than $10,000, or imprisoned for not more
than one year, or both. In addition, any such person who knowingly
fails to provide the notice required by this subsection shall not be
entitled to any limitation of liability or to any defenses to liability
set out in section 107 of this Act: Provided, however, That
notification under this subsection is not required for any facility
which would be reportable hereunder solely as a result of any stoppage
in transit which is temporary, incidental to the transportation
movement, or at the ordinary operating convenience of a common or
contract carrier, and such stoppage shall be considered as a continuity
of movement and not as the storage of a hazardous substance.
Notification received pursuant to this subsection or information
obtained by the exploitation of such notification shall not be used
against any such person in any criminal case, except a prosecution for
perjury or for giving a false statement.
(d)(1) The Administrator of the Environmental Protection Agency is
authorized to promulgate rules and regulations specifying, with respect
to--,
(A) the location, title, or condition of a facility, and
(B) the identity, characteristics, quantity, origin, or
condition (including containerization and previous treatment) of
any hazardous substances contained or deposited in a facility;
the records which shall be retained by any person required to provide
the notification of a facility set out in subsection (c) of this
section. Such specification shall be in accordance with the provisions
of this subsection.
(2) Beginning with the date of enactment of this Act, for fifty years
thereafter or for fifty years after the date of establishment of a
record (whichever is later), or at any such earlier time as a waiver if
obtained under paragraph (3) of this subsection, it shall be unlawful
for any such person knowingly to destroy, mutilate, erase, dispose of,
conceal, or otherwise render unavailable or unreadable or falsify any
records identified in paragraph (1) of this subsection. Any person who
violates this paragraph shall, upon conviction, be fined not more than
$20,000, or imprisoned for not more than one year, or both.
(3) At any time prior to the date which occurs fifty years after the
date of enactment of this Act, any person identified under paragraph (1)
of this subsection may apply to the Administrator of the Environmental
Protection Agency for a waiver of the provisions of the first sentence
of paragraph (2) of this subsection. The Administrator is authorized to
grant such waiver if, in his discretion, such waiver would not
unreasonably interfere with the attainment of the purposes and
provisions of this Act. The Administrator shall promulgate rules and
regulations regarding such a waiver so as to inform parties of the
proper application procedure and conditions for approval of such a
waiver.
(4) Notwithstanding the provisions of this subsection, the
Administrator of the Environmental Protection Agency may in his
discretion require any such person to retain any record identified
pursuant to paragraph (1) of this subsection for such a time period in
excess of the period specified in paragraph (2) of this subsection as
the Administrator determines to be necessary to protect the public
health or welfare.
(e) This section shall not apply to the application of a pesticide
product registered under the Federal Insecticide, Fungicide, and
Rodenticide Act // 7 USC 136 // or to the handling and storage of such a
pesticide product by an agricultural producer.
(f) No notification shall be required under subsection (a) or (b) of
this section for any release of a hazardous substance--,
(1) which is required to be reported (or specifically exempted
from a requirement for reporting) under subtitle C of the Solid
Waste Disposal Act or regulations thereunder and which has been
reported to the National Response Center, or
(2) which is a continuous release, stable in quantity and rate,
and is--,
sufficient to
establish the continuity, quantity, and regularity of
such
release:
Provided, That notification in accordance with subsections (a) and
(b) of this paragraph shall be given for releases subject to this
paragraph annually, or at such time as there is any statistically
significant increase in the quantity of any hazardous substance or
constituent thereof released, above that previously reported or
occurring.
Sec. 104. // 42 USC 9604. // (a)(1) Whenever (A) any hazardous
substance is released or there is a substantial threat of such a release
into the environment, or (B) there is a release or substantial threat of
release into the environment of any pollutant or contaminant which may
present an imminent and substantial danger to the public health or
welfare, the President is authorized to act, consistent with the
national contingency plan, to remove or arrange for the removal of, and
provide for remedial action relating to such hazardous substance,
pollutant, or contaminant at any time (including its removal from any
contaminated natural resource), or take any other response measure
consistent with the national contingency plan which the President deems
necessary to protect the public health or welfare or the environment,
unless the President determines that such removal and remedial action
will be done properly by the owner or operator of the vessel or facility
from which the release or threat of release emanates, or by any other
responsible party.
(2) For the purposes of this section, "pollutant or contaminant"
shall include, but not be limited to, any element, substance, compound,
or mixture, including disease-causing agents, which after release into
the environment and upon exposure, ingestion, inhalation, or
assimilation into any organism, either directly from the environment or
indirectly by ingestion through food chains, will or may reasonably be
anticipated to cause death, disease, behavioral abnormalities, cancer,
genetic mutation, physiological malfunctions (including malfunctions in
reproduction) or physical deformations, in such organisms or their
offspring. The term does not include petroleum, including crude oil and
any fraction thereof which is not otherwise specifically listed or
designated as hazardous substances under section 101(14) (A) through (F)
of this title, nor does it include natural gas, liquefied natural gas,
or synthetic gas of pipeline quality (or mixtures of natural gas and
such synthetic gas).
(b) Whenever the President is authorized to act pursuant to
subsection (a) of this section, or whenever the President has reason to
believe that a release has occurred or is about to occur, or that
illness, disease, or complaints thereof may be attributable to exposure
to a hazardous substance, pollutant, or contaminant and that a release
may have occurred or be occurring, he may undertake such investigations,
monitoring, surveys, testing, and other information gathering as he may
deem necessary or appropriate to identify the existence and extent of
the release or threat thereof, the source and nature of the hazardous
substances, pollutants or contaminants involved, and the extent of
danger to the public health or welfare or to the environment. In
addition, the President may undertake such planning, legal, fiscal,
economic, engineering, architectural, and other studies or
investigations as he may deem necessary or appropriate to plan and
direct response actions, to recover the costs thereof, and to enforce
the provisions of this Act.
(c)(1) Unless (A) the President finds that (i) continued response
actions are immediately required to prevent, limit, or mitigate an
emergency, (ii) there is an immediate risk to public health or welfare
or the environment, and (iii) such assistance will not otherwise be
provided on a timely basis, or (B) the President has determined the
appropriate remedial actions pursuant to paragraph (2) of this
subsection and the State or States in which the source of the release is
located have complied with the requirements of paragraph (3) of this
subsection, obligations from the Fund, other than those authorized by
subsection (b) of this section, shall not continue after $1,000,000 has
been obligated for response actions or six months has elapsed from the
date of initial response to a release or threatened release of hazardous
substances.
(2) The President shall consult with the affected State or States
before determining any appropriate remedial action to be taken pursuant
to the authority granted under subsection (a) of this section.
(3) The President shall not provide any remedial actions pursuant to
this section unless the State in which the release occurs first enters
into a contract or cooperative agreement with the President providing
assurances deemed adequate by the President that (A) the State will
assure all future maintenance of the removal and remedial actions
provided for the expected life of such actions as determined by the
President; (B) the State will assure the availability of a hazardous
waste disposal facility acceptable to the President and in compliance
with the requirements of subtitle C of the Solid Waste Disposal Act //
42 USC 6921. // for any necessary offsite storage, destruction,
treatment, or secure disposition of the hazardous substances; and (C)
the State will pay or assure payment of (i) 10 per centum of the costs
of the remedial action, including all future maintenance, or (ii) at
least 50 per centum or such greater amount as the President may
determine appropriate, taking into account the degree of responsibility
of the State or political subdivision, of any sums expended in response
to a release at a facility that was owned at the time of any disposal of
hazardous substances therein by the State or a political subdivision
thereof. The President shall grant the State a credit against the share
of the costs for which it is responsible under this paragraph for any
documented direct out-of-pocket non-Federal funds expended or obligated
by the State or a political subdivision thereof after January 1, 1978,
and before the date of enactment of this Act for cost-eligible response
actions and claims for damages compensable under section 111 of this
title relating to the specific release in question: Provided, however,
That in no event shall the amount of the credit granted exceed the total
response costs relating to the release.
(4) The President shall select appropriate remedial actions
determined to be necessary to carry out this section which are to the
extent practicable in accordance with the national contingency plan and
which provide for that cost-effective response which provides a balance
between the need for protection of public health and welfare and the
environment at the facility under consideration, and the availability of
amounts from the Fund established under title II of this Act to respond
to other sites which present or may present a threat to public health or
welfare or the environment, taking into consideration the need for
immediate acton.
(d)(1) Where the President determines that a State or political
subdivision thereof has the capability to carry out any or all of the
actions authorized in this section, the President may, in his
discretion, enter into a contract or cooperative agreement with such
State or political subdivision to take such actions in accordance with
criteria and priorities established pursuant to section 105(8) of this
title and to be reimbursed for the reasonable response costs thereof
from the Fund. Any contract made hereunder shall be subject to the
cost-sharing provisions of subsection (c) of this section.
(2) If the President enters into a cost-sharing agreement pursuant to
subsection (c) of this section or a contract or cooperative agreement
pursuant to this subsection, and the State or political subdivision
thereof fails to comply with any requirements of the contract, the
President may, after providing sixty days notice, seek in the
appropriate Federal district court to enforce the contract or to recover
any funds advanced or any costs incurred because of the breach of the
contract by the State or political subdivision.
(3) Where a State or a political subdivision thereof is acting in
behalf of the President, the President is authorized to provide
technical and legal assistance in the administration and enforcement of
any contract or subcontract in connection with response actions assisted
under this title, and to intervene in any civil action involving the
enforcement of such contract or subcontract.
(4) Where two or more noncontiguous facilities are reasonably related
on the basis of geography, or on the basis of the threat, or potential
threat to the public health or welfare or the environment, the President
may, in his discretion, treat these related facilities as one for
purposes of this section.
(e)(1) For purposes of assisting in determining the need for response
to a release under this title or enforcing the provisions of this title,
any person who stores, treats, or disposes of, or, where necessary to
ascertain facts not available at the facility where such hazardous
substances are located, who generates, transports, or otherwise handles
or has handled, hazardous substances shall, upon request of any officer,
employee, or representative of the President, duly designated by the
President, or upon request of any duly designated officer, employee, or
representative of a State, where appropriate, furnish information
relating to such substances and permit such person at all reasonable
times to have access to, and to copy all records relating to such
substances. For the purposes specified in the preceding sentence, such
officers, employees, or representatives are authorized--,
(A) to enter at reasonable times any establishment or other
place where such hazardous substances are or have been generated,
stored, treated, or disposed of, or transported from;
(B) to inspect and obtain samples from any person of any such
substance and samples of any containers or labeling for such
substances. Each such inspection shall be commenced and completed
with reasonable promptness. If the officer, employee, or
representative obtains any samples, prior to leaving the premises,
he shall give to the owner, operator, or person in charge a
receipt describing the sample obtained and if requested a portion
of each such sample equal in volume of weight to the portion
retained. If any analysis is made of such samples, a copy of the
results of such analysis shall be furnished promptly to the owner,
operator, or person in charge.
(2)(A) Any records, reports, or information obtained from any person
under this section (including records, reports, or information obtained
by representatives of the President) shall be available to the public,
except that upon a showing satisfactory to the President (or the State,
as the case may be) by any person that records, reports, or information,
or particular part thereof (other than health or safety effects data),
to which the President (or the State, as the case may be) or any
officer, employee, or representative has access under this section if
made public would divulge information entitled to protection under
section 1905 of title 18 of the United States Code, such information or
particular portion thereof shall be considered confidential in
accordance with the purposes of that section, except that such record,
report, document or information may be disclosed to other officers,
employees, or authorized representatives of the United States concerned
with carrying out this Act, or when relevant in any proceeding under
this Act.
(B) Any person not subject to the provisions of section 1905 of title
18 of the United States Code who knowingly and willfully divulges or
discloses any information entitled to protection under this subsection
shall, upon conviction, be subject to a fine of not more than $5,000 or
to imprisonment not to exceed one year, or both.
(C) In submitting data under this Act, a person required to provide
such data may (i) designate the data which such person believes is
entitled to protection under this subsection and (ii) submit such
designated data separately from other data submitted under this Act. A
designation under this paragraph shall be made in writing and in such
manner as the President may prescribe by regulation.
(D) Notwithstanding any limitation contained in this section or any
other provision of law, all information reported to or otherwise
obtained by the President (or any representative of the Prsident) under
this Act shall be made avialable,upon written request of any duly
authorized committee of the Congress, to such committee.
(f) In awarding contracts to any person engaged in response actions,
the President or the State, in any case where it is awarding contracts
pursuant to a contract entered into under subsection (d) of this
section, shall require compliance with Federal health and safety
standards established under section 301(f) of this Act by contractors
and subcontractors as a condition of such contracts.
(g)(1) All laborers and mechanincs employed by contractors or
subcontractors in the performance of construction, repair, or alteration
work funded in whole or in part under this section be paid wages at
rates not less than those prevailing on projects of a character similar
in the locality as determined by the Secretary of Labor in accordance
with the Davis-Bacon Act. // 40 USC 276a // The President shall not
approve any such funding without first obtaining adequate assurance that
required labor standards will be maintained upon the construction work.
(2) The Secretary of Labor shall have, with respect to the labor
standards specified in paragraph (1), the authority and functions set
forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 64
Stat. 1267) and section 276c of title 40 of the United States Code. // 5
USC app. //
(h) Notwithstanding any other provision of law, subject to the
provisions of section 111 of this Act, the President may authorize the
use of such emergency procurement powers as he deems necessary to effect
the purpose of this Act. Upon determination that such procedures are
necessary, the President shall promulgate regulations prescribing the
circumstances under which such authority shall be used and the
procedures governing the use of such authority.
(i) There is hereby established within the Public Health Service an
agency, to be known as the Agency for Toxic Substances and Disease
Registry, which shall report directly to the Surgeon General of the
United States. The Administrator of said Agency shall, with the
cooperation of the Administrator of the Environmental Protection Agency,
the Commissioner of the Food and Drug Administration, the Directors of
the National Institute of Medicine, National Institute of Environmental
Health Sciences, National Institute of Occupational Safety and Health,
Centers for Disease Control, the Administrator of the Occupational
Safety and Health Administration, and the Administrator of the Social
Security Administration, effectuate and implement the health related
authorities of this Act. In addition, said Administrator shall--,
(1) in cooperation with the States, establish and maintain a
national registry of serious diseases and illnesses and a national
registry of persons exposed to toxic substances;
(2) establish and maintain inventory of literature, research,
and studies on the health effects of toxic substances;
(3) in cooperation with the States, and other agencies of the
Federal Government, establish and maintain a complete listing of
areas closed to the public or otherwise restricted in use because
of toxic substance contamination;
(4) in cases of public health emergencies caused or believed to
be caused by exposure to toxic substances, provide medical care
and testing to exposed individuals, including but not limited to
tissue sampling, chromosomal testing, epidemiological studies, or
any other assistance appropriate under the circumstances; and
(5) either independently or as part of other health status
survey, conduct periodic survey and screening programs to
determine relationships between exposure to toxic substances and
illness. In cases of public health emergencies, exposed persons
shall be eligible for admission to hospitals and other facilities
and services operated or provided by the Public Health Service.
Sec. 105. // 42 USC 9605. // Within one hundred and eighty days
after the enactment of this Act, the President shall, after notice and
opportunity for public comments, revise and republish the national
contingency plan for the removal of oil and hazardous substances,
originally prepared and published pursuant to section 311 of the Federal
Water Pollution Control Act, // 33 USC 1321. // to reflect and
effectuate the responsibilities and powers created by this Act, in
addition to those matters specified in section 311(c)(2). Such revision
shall include a section of the plan to be known as the national
hazardous substance response plan which shall establish procedures and
standards for responding to releases of hazardous substances,
pollutants, and contaminants, which shall include at a minimum:
(1) methods for discovering and investigating facilities at
which hazardous substances have been disposed of or otherwise come
to be located;
(2) methods for evaluating, including analyses of relative
cost, and remedying any releases or threats of releases from
facilities which pose substantial danger to the public health or
the environment;
(3) methods and criteria for determining the appropriate extent
of removal, remedy, and other measures authorized by this Act;
(4) appropriate roles and responsibilities for the Federal,
State, and local governments and for interstate and
nongovernmental entities in effectuating the plan;
(5) provision for identification, procurement, maintenance, and
storage of response equipment and supplies;
(6) a method for and assignment of responsibility for reporting
the existence of such facilities which may be located on federally
owned or controlled properties and any releases of hazardous
substances from such facilities;
(7) means of assuring that remedial action measures are
cost-effective over the period of potential exposure to the
hazardous substances or contaminated materials;
(8)(A) criteria for determining priorities among releases or
threatened releases throughout the United States for the purpose
of taking remedial action and, to the extent practicable taking
into account the potential urgency of such action, for the purpose
of taking removal action. Criteria and priorities under this
paragraph shall be based upon relative risk or danger to public
health or welfare or the environment, in the judgment of the
President, taking into account to the extent possible the
population at risk, the hazard potential of the hazardous
substances
at such facilities, the potential for contamination of
drinking water supplies, the potential for direct human contact,
the potential for destruction of sensitive ecosystems, State
preparedness to assume State costs and responsibilities, and other
appropriate factors;
(B) based upon the criteria set forth in subparagraph (A) of
this paragraph, the President shall list as part of the plan
national priorities among the known releases or threatened
releases throughout the United States and shall revise the list no
less often than annually. Within one year after the date of
enactment of this Act, and annually thereafter, each State shall
establish and submit for consideration by the President priorities
for remedial action among known releases and potential releases in
that State based upon the criteria set forth in subparagraph (A)
of this paragraph. In assembling or revising the national list,
the President shall consider any priorities established by the
States.
To the extnet practicable, at least four hundred of the highest
priority facilities shall be designated individually and shall be
referred to as the "top priority among known response targets",
and, to the extent practicable, shall include among the one
hundred highest priority facilities at least one such facility
from each State which shall be the facility designated by the
State as presenting the greatest dange to public health or welfare
or the environment among the known facilities in such State.
Other priority facilities or incidents may be listed singly or
grouped for response priority purposes; and
(9) specified roles for private organizations and entities in
preparation for response and in responding to releases of
hazardous substance, including identification of appropriate
qualifications and capacity therefor.
The plan shall specify procedures, techniques, materials, equipment, and
methods to be employed in identifying, removing, or remedying releases
of hazardous substances comparable to those required under section
311(c)(2) (F) and (G) and (j)(1) of the Federal Water Pollution Control
Act. // 33 USC 1321. // Following publication of the revised national
contingency plan, the response to and actions to minimize damage from
hazardous substances releases shall, to the greatest extent possible, be
in accordance with the provisions of the plan. The President may, from
time to time, revise and republish the national contingency plan.
Sec. 106. // 42 USC 9606. // (a) In addition to any other action
taken by a State or local government, when the President determines that
there may be an imminent and substantial endangerment to the public
health or welfare or the environment because of an actual or threatened
release of a hazardous substance from a facility, he may require the
Attorney General of the United States to secure such relief as may be
necessary to abate such danger or threat, and the district court of the
United States in the district in which the threat occurs shall have
jurisdiction to grant such relief as the public interest and the
equities of the case may require. The President may also, after notice
to the affected State, take other action under this section including,
but not limited to, issuing such orders as may be necessary to protect
public health and welfare and the environment.
(b) Any person who willfully violates, or fails or refuses to comply
with, any order of the President under subsection (a) may, in an action
brought in the appropriate United States district court to enforce such
order, be fined not more than $5,000 for each day in which such
violation occurs or such failure to comply continues.
(c) Within one hundred and eighty days after enactment of this Act,
the Administrator of the Environmental Protection Agency shall, after
consultation with the Attorney General, establish and publish guidelines
for using the imminent hazard, enforcement, and emergency response
authorities of this section and other existing statutes administered by
the Administrator of the Environmental Protection Agency to effectuate
the responsibilities and powers created by this Act. Such guidelines
shall to extent practicable be consistent with the national hazardous
substance response plan, and shall include, at a minimum, the assignment
of responsibility for coordinating response actions with the issuance of
administrative orders, enforcement of standards and permits, the
gatinering of information, and other imminent hazard and emergency
powers authorized by (1) sections 311(c)( 2), 308, 309, and 504(a) of
the Federal Water Pollution Control Act, // 33 USC 1321, 1318, 1319,
1364. // (2) sections 3007, 3008, 3013, and 7003 of the Solid Waste
Disposal Act, // 42 USC 6927, 6928; 2344; 42 USC 6973. // (3)
sections 1445 and 1431 of the Safe Drinking Water Act, (4) // 42 USC
300j-4, 300i. // sections 113, 114, and 303 of the Clean Air Act, and
(5) section 7 of the Toxic Substances Control Act. // 42 USC 7413,
7414, 7603. //
Sec. 107. // 42 USC 9607. // (a) Notwithstanding any other provision
or rule of law, and subject only to the defenses set forth in subsection
(b) of this section--,
(1) the owner and operator of a vessel (otherwise subject to
the jurisdiction of the United States) or a facility,
(2) any person who at the time of disposal of any hazardous
substance owned or operated any facility at which such hazardous
substances were disposed of,
(3) any person who by contract, agreement, or otherwise
arranged for disposal or treatment, or arranged with a transporter
for transport for disposal or treatment, of hazardous substances
owned or possessed by such person, by any other party or entity,
at any facility owned or operated by another party or entity and
containing such hazardous substances, and
(4) any person who accepts or accepted any hazardous substances
for transport to disposal or treatment facilities or sites
selected by such person, from which there is a release, or a
threatened release which causes the incurrence of response costs,
of a hazardous substance, shall be liable for--,
(A) all costs of removal or remedial action incurred by the
United States Government or a State not
inconsistent with
the national contingency plan;
plan;
and
natural
resources, including the reasonable costs of assessing
such
injury, destruction, or loss resulting from such a
release.
(b) There shall be no liability under subsection (a) of this section
for a person otherwise liable who can establish by a preponderance of
the evidence that the release or threat of release of a hazardous
substance and the damages resulting therefrom were caused solely by--,
(1) an act of God;
(2) an act of war;
(3) an act or omission of a third party other than an employee
or agent of the defendant, or than one whose act or omission
occurs in connection with a contractual relationship, existing
directly or indirectly, with the defendant (except where the sole
contractual arrangement arises from a published tariff and
acceptance for carriage by a common carrier by rail), if the
defendant establishes by a preponderance of the evidence that (a)
he exercised due care with respect to the hazardous substance
concerned, taking into consideration the characteristics of such
hazardous substance, in light of all relevant facts and
circmstances, and (b) he took precautions against foreseeable acts
or omissions of any such third party and the consequences that
could foreseeably result from such acts or omissions; or
(4) any combination of the foregoing paragraphs.
(c)(1) Except as provided in paragraph (2) of this subsection, the
liability under this section of an owner or operator or other
responsible person for each release of a hazardous substance or incident
involving release of a hazardous substance shall not exceed--,
(A) for any vessel which carries any hazardous substance as
cargo or residue, $300 per gross ton, or $5,000,000, whichever is
greater;
(B) for any other vessel, $300 per gross ton, or $500,000,
whichever is greater;
(C) for any motor vehicle, aircraft, pipeline (as defined in
the Hazardous Liquid Pipeline Safety Act of 1979),
// 49 USC 2001 //
or rolling stock, $50,000,000 or such lesser amount, as the
President shall establish by regulatin, but in no event less than
$5,000,000 (or, for releases of hazardous substances as defined in
section 101(14)(A) of this title into the navigable waters,
$8,000,000). Such regulations shall take into account the size,
type, location, storage, and handling capacity and other matters
relating to the likelihood of release in each such class and to
the economic impact of such limits on each such class; or
(D) for any facility other than those specified in subparagraph
(C) of this paragraph, the total of all costs of response plus
$50,000,000 for any damages under this title.
(2) Notwithstanding the limitations in paragraph (1) of this
subsection, the liability of an owner or operator or other responsible
person under this section shall be the full and total costs of response
and damages, if (A)(i) the release or threat of release of a hazardous
substance was the result of willful misconduct or willful negligence
within the privity or knowledge of such person, or (ii) the primary
cause of the release was a violation (within the privity or knowledge of
such person) of applicable safety, construction, or operating standards
or regulations; or (B) such person fails or refuses to provide all
reasonable cooperation and assistance requested by a responsible public
official in connection with response activities under the national
contingency plan with respect to reglated carriers subject to the
provisions of title 49 of the United States Code or vessels subject to
the provisions of title 33 or 46 of the United States Code, subparagraph
(A)(ii) of this paragraph shall be deemed to refer to Federal standards
or regulations.
(3) If any person who is liable for a release or threat of release of
a hazardous substance fails without sufficient cause to properly provide
removal or remedial action upon order of the President pursuant to
section 104 or 106 of this Act, such person may be liable to the United
States for punitive damages in an amount at least equal to, and not more
than three times, the amount of any costs incurred by the Fund as a
result of such failure to take proper action. The President is
authorized to commence a civil action against any such person to recover
the punitive damages, which shall be in addition to any costs recovered
from such person pursuant to section 112(c) of this Act. Any moneys
received by the United States pursuant to this subsection shall be
deposited in the Fund.
(d) No person shall be liable under this title for damages as a
result of actions taken or omitted in the course of rendering care,
assistance, or advice in accordance with the national contingency plan
or at the direction of an onscene coordinator appointed under such plan,
with respect to an incident creating a danger to public health or
welfare or the environment as a result of any release of a hazardous
substance or the threat thereof. This subsection shall not precluede
liability for damages as the result of gross negligence or intentional
misconduct on the part of such person. For the purposes of the
preceding sentence, reckless, willful, or wanton misconduct shall
constitute gross negligence.
(e)(1) No indemnification, hold harmless, or similar agreement or
conveyance shall be effective to transfer from the owner or operator of
anyvessel or facility or from any person who may be liable for a release
or threat of release under this section, to any other person the
liability imposed under this section. Nothing in this subsection shall
bar any agreement to insure, hold harmless, or indemnify a party to such
agreement for any liability under this section.
(2) Nothing in this title, including the provisions of paragraph (1)
of this subsection, shall bar a cause of action that an owner or
operator or any other person subject to liability under this section, or
a guarantor, has or would have, by reason of subrogation or otherwise
against any person.
(f) In the case of an injury to, destruction of, or loss of natural
resources under subparagraph (C) of subsection (a) liability shall be to
the United States Government and to any State for natural resources
within the State or belonging to, managed by, controlled by, or
appertaining to such State: Provided, however, That no liability to the
United States or State shall be imposed under subparagraph (C) of
subsection (a), where the party sought to be charged has demonstrated
that the damages to natural resources complained of were specifically
identified as an irreversible and irretrievable commitment of natural
resources in an environment impact statement, or other comparable
environment analysis, and the decision to grant a permit or license
authorizes such commitment of natural resources, and the facility or
project was otherwise operating within the terms of its permit or
license. The President, or the authorized representative of any State,
shall act on behalf of the public as trustee of such natural resources
to recover for such damages. Sums recovered shall be available for use
to restore, rehabilitate, or acquire the equivalent of such natural
resources by the appropriate agencies of the Federal Government or the
State government, but the measure of such damages shall not be limited
by the sums which can be used to restore or replace such resources.
There shall be no recovery under the authority of subparagraph (C) of
subsection (a) where such damages and the release of a hazardous
substance from which such damages resulted have occurred wholly before
the enactment of this Act.
(g) Each department, agency, or instrumentality of the executive,
legislative, and judicial branches of the Federal Government shall be
subject to, and comply with, this Act in the same manner and to the same
extent, both procedurally and substantively, as any nongovernmental
entity, including liability under this section.
(h) The owner or operator of a vessel shall be liable in accordance
with this section and as provided under section 114 of this Act
notwithstanding any provision of the Act of March 3, 1851 (46 U.S.C.
183ff).
(i) No person (including the United States or any State) may recover
under the authority of this section for any response costs or damages
resulting from the application of a pesticide product registered under
the Federal Insecticide, Fungicide, and Rodenticide Act. // 7 USC 136 //
Nothing in this paragraph shall affect or modify in any way the
obligations or liability of any person under any other provision of
State of Federal law, including common law, for damages, injury, or loss
resulting from a release of any hazardous substance or for removal or
remedial action or the costs of removal or remedial action of such
hazardous substance.
(j) Recovery by any person (including the United States or any State)
for response costs or damages resulting from a federally permitted
release shall be pursuant to existing law in lieu of this section.
Nothing in this paragraph shall affect or modify in any way the
obligations or liability of any person under any other provision of
State or Federal law, including common law, for damages, injury, or loss
resulting from a release of any hazardous substance or for removal or
remedial action or the costs of removal or remedial action of such
hazardous substance. In addition, costs of response incurred by the
Federal Government in connection with a discharge specified in section
101(10) (B) or (C) shall be recoverable in an action brought under
section 309(b) of the Clean Water Act. // 33 USC 1319. //
(k)(1) The liability established by this section or any other law for
the owner or operator of a hazardous waste disposal facility which has
received a permit under subtitle C of the Solid Waste Disposal Act,
shall be transferred to and assumed by the Post-closure Liability Fund
established by section 232 of this Act when--,
(A) such facility and the owner and operator thereof has
complied with the requirements of subtitle C of the Solid Waste
Disposal Act and regulations issued thereunder, which may affect
the performance of such facility after closure; and
(B) such facility has been closed in accordance with such
regulations and the conditions of such permit, and such facility
and the surrounding area have been monitored as required by such
regulations and permit conditions for a period not to exceed five
years after closure to demonstrate that there is no substantial
likelihood than any migration offsite or release from confinement
of any hazardous substance or other risk to public health or
welfare will occur.
(2) Such transfer of liability shall be effective ninety days after
the owner or operator of such facility notifies the Administrator of the
Environmental Protection Agency (and the State where it has an
authorized program under section 300(b) of the Solid Waste Disposal Act)
// 42 USC 6926. // that the conditions imposed by this subsection have
been satisfied. If within such ninety-day period the Administrator of
the Environmental Protection Agency or such State determines that any
such facility has not complied with all the conditions imposed by this
subsection or that insufficient information has been provided to
demonstrate such compliance, the Administrator or such State shall so
notify the owner and operator of such facility and the administrator of
the Fund established by section 232 of this Act, and the owner and
operator of such facility shall continue to be liable with respect to
such facility under this section and other law until such time as the
Administrator and such State determines that such facility has complied
with all conditions imposed by this subsection. A determination by the
Administrator or such State that a facility has not complied with all
conditions imposed by this subsection or that insufficient information
has been supplied to demonstrate compliance, shall be a final
administrative action for purposes of judicial review. A request for
additional information shall state in specific terms the data required.
(3) In addition to the assumption of liability of owners and
operators under paragraph (1) of this subsection, the Post-closure
Liability Fund established by section 232 of this Act may be used to pay
costs of monitoring and care and maintenance of a site incurred by other
persons after the period of monitoring required by regulations under
subtitle C of the Solid Waste Disposal Act // 42 USC 6921. // for
hazardous waste disposal facilities meeting the conditions of paragraph
(1) of this subsection.
(4)(A) Not later than one year after the date of enactment of this
Act, the Secretary of the Treasury shall conduct a study and shall
submit a report thereon to the Congress on the feasibility of
establishing or qualifying an optional system of private insurance for
postclosure financial responsibility for hazardous waste disposal
facilities to which this subsection applies. Such study shall include a
specification of adequate and realistic minimum standards to assure that
any such privately placed insurance will carry out the purposes of this
subsection in a reliable, enforceable, and practical manner. Such a
study shall include an examination of the public and private incentives,
programs, and actions necessary to make privately placed insurance a
practical and effective option to the financing system for the
Post-closure Liability Fund provided in title II of this Act.
(B) Not later than eighteen months after the date of enactment of
this Act and after a public hearing, the President shall by rule
determine whether or not it is feasible to establish or qualify an
optional system of private insurance for postclosure financial
responsibility for hazardous waste disposal facilities to which this
subsection applies. If the President determines the establishment or
qualification of such a system would be infeasible, he shall promptly
publish an explanation of the reasons for such a determination. If the
President determines the establishment or qualification of such a system
would be feasible, he shall promptly publish notice of such
determination. Not later than six months after an affirmative
determination under the preceding sentence and after a public hearing,
the President shall by rule promulgate adequate and realistic minimum
standards which must be met by any such privately placed insurance,
taking into account the purposes of this Act and this subsection. Such
rules shall also specify reasonably expeditious procedures by which
privately placed insurance plans can qualify as meeting such minimum
standards.
(C) In the event any privately place insurance plan qualifies under
subparagraph (B), any person enrolled in, and complying with the terms
of, such plan shall be excluded from the provisions of paragraphs (1),
(2), and (3) of this subsection and exempt from the requirements to pay
any tax or fee to the Post-closure Liability Fund under title II of this
Act.
(D) The President may issue such rules and take such other actions as
are necessary to effectuate the purposes of this paragraph.
Sec. 108. // 42 USC 9608. // (a)(1) The owner or operator of each
vessel (except a non-self-propelled barge that does not carry hazardous
substances as cargo) over three hundred gross tons that uses any port or
place in the United States or the navigable waters or any offshore
facility, shall establish and maintain, in accordance with regulations
promulgated by the President, evidence of financial responsibility of
$300 per gross ton (or for a vessel carrying hazardous substances as
cargo, or $5,000,000, whichever is greater). Financial responsibility
may be established by any one, or any combination, of the following:
insurance, guarantee, surety bond, or qualifications as a self-insurer.
Any bond filed shall be issued by a bonding company authorized to do
business in the United States. In cases where an owner or operator
owns, operates, or charters more than one vessel subject to this
subsection, evidence of financial responsibility need be established
only to meet the maximum liability applicable to the largest of such
vessels.
(2) The Secretary of the Treasury shall withhold or revoke the
clearance required by section 4197 of the Revised Statutes of the United
States // 46 USC 91. // of any vessel subject to this subsection that
does not have certification furnished by the President that the
financial responsibility provisions of paragraph (1) of this subsection
have been complied with.
(3) The Secretary of Transportation, in accordance with regulations
issued by him, shall (A) deny entry to any port or place in the United
States or navigable waters to, and (B) detain at the port or place in
the United States from which it is about to depart for any other port or
place in the United States, any vessel subject to this subsection that,
upon request, does not produce certification furnished by the President
that the financial responsibility provisions of paragraph (1) of this
subsection have been complied with.
(b)(1) Beginning not earlier than five years after the date of
enactment of this Act, the President shall promulgate requirements (for
facilities in addition to those under subtitle C of the Solid Waste
Disposal Act // 42 USC 6921. // and other Federal law) that classes of
facilities establish and maintain evidence of financial responsibility
consistent with the degree and duration of risk associated with the
production, transportation, treatment, storage, or disposal of hazardous
substances. Not later than three years after the date of enactment of
the Act, the President shall identify those classes for which
requirements will be first developed and publish notice of such
identification in the Federal Register. Priority in the development of
such requirements shall be accorded to those classes of facilities,
owners, and operators which the President determines present the highest
level of risk of injury.
(2) The level of financial responsibility shall be initially
established, and, when necessary, adjusted to protect against the level
of risk which the President in his discretion believes is appropriate
based on the payment experience of the Fund, commercial insurers, courts
settlements and judgments, and voluntary claims satisfaction. To the
maximum extent practicable, the President shall cooperate with and seek
the advice of the commercial insurance industry in developing financial
responsibility requirements.
(3) Regualtions promulgated under this subsection shall incrementally
impose financial responsibility requirements over a period of not less
than three and no more than six years after the date of promulgation.
Where possible, the level of financial responsibility which the
President believes appropriate as a final requirement shall be achieved
through incremental, annual increases in the requirements.
(4) Where a facility is owned or operated by more than one person,
evidence of financial responsibility covering the facility may be
established and maintained by one of the owners or operators, or, in
consolidated from, by or on behalf of two or more owners or operators.
When evidence of financial responsibility is established in a
consolidated form, the proportional share of each participant shall be
shown. The evidence shall be accompanied by a statement authorizing the
applicant to act for and in behalf of each participant in submitting and
maintaining the evidence of financial responsibility.
(5) The requirements for evidence of financial responsibility for
motor carriers covered by this Act shall be determined under section 30
of the Motor Carrier Act of 1980, Public Law 96 - 296.
(c) Any claim authorized by section 107 or 111 may be asserted
directly against any guarantor providing evidence of financial
responsibility as required under this section. In defending such a
claim, the guarantor may invoke all rights and defenses which would be
available to the owner or operator under this title. The guarantor may
also invoke the defense that the incident was caused by the willful
misconduct of the owner or operator, but such guarnator may not invoke
any other defense that such guarantor might have been entitled to invoke
in a proceeding brought by the owner or operator against him.
(d) Any guarantor acting in good faith against which claims under
this Act are asserted as a guarantor shall be liable under section 107
or section 112(c) of this title only up to the monetary limits of the
policy of insurance or indemnity contract such guarantor has undertaken
or of the guaranty of other evidence of financial responsibility
furnished under section 108 of this Act, and only to the extent that
liability is not excluded by restrictive endorsement: Provided, That
this subsection shall not alter the liability of any person under
section 107 of this Act.
Sec. 109. // 42 USC 9609. // Any person who, after notice and an
opportunity for a hearing, is found to have failed to comply with the
requirements of section 108,the regulations issued thereunder, or with
any denial or detention order shall be liable to the United States for a
civil penalty, not to exceed $10,000 for each day of violation.
Sec. 110. // 42 USC 9610. // (a) No person shall fire or in any
other way discriminate against, or cause to be fired or discriminated
against, any employee or any authorized representative of employees by
reason of the fact that such employee or representative has provided
information to a State or to the Federal Government, filed, instituted,
or caused to be filed or instituted any proceeding under this Act, or
has testified or is about to testify in any proceeding resulting from
the administration or enforcement of the provisions of this Act.
(b) Any employee or a representative of employees who believes that
he has been fired or otherwise discriminated against by any person in
violation of subsection (a) of this section may, within thirty days
after such alleged violation occurs, apply to the Secretary of Labor for
a review of such firing or alleged discrimination. A copy of the
application shall be sent to such person, who shall be the respondent.
Upon receipt of such application, the Secretary of Labor shall cause
such investigation to be made as he deems appropriate. Such
investigation shall provide an opportunity for a public hearing at the
request of any party to such review to enable the parties to present
information relating to such alleged violation. The parties shall be
given written notice of the time and place of the hearing at least five
days prior to the hearing. Any such hearing shall be of record and
shall be subject to section 554 of title 5, United States Code. Upon
receiving the report of such investigation, the Secretary of Labor shall
make findings of fact. If he finds that such violation did occur, he
shall issue a decision, incorpirating an order therein and his findings,
requiring the party committing such violation to take such affirmative
action to abate the violation as the Secretary of Labor deems
appropriate, including, but not limited to, the rehiring or
reinstatement of the employee or representative of employees to his
former position with compensation. If he finds that there was no such
violation, he shall issue an order denying the application. Such order
issued by the Secretary of Labor under this subparagraph shall be
subject to judicial review in the same manner as orders and decisions
are subject to judicial review under this Act.
(c) Whenever an order is issued under this section to abate such
violation, at the request of the applicant a sum equal to the aggregate
amount of all costs and expenses (including the attorney's fees)
determined by the Secretary of Labor to have been reasonably incurred by
the applicant for, or in connection with, the institution and
prosecution of such proceedings, shall be assessed against the person
committing such violation.
(d) This section shall have no application to any employee who acting
without discretion from his employer (or his agent) deliberately
violates any requirement of this Act.
(e) The President shall conduct continuing evaluations of potential
loss of shifts of employment which may result from the admistration or
enforcement of the provisions of this Act, including, where appropriate,
investigating threatened plant closures or reductions in employment
allegedly resulting from such administration or enforcement. Any
employee who is discharged, or laid off, threatened with discharge or
layoff, or otherwise discriminiated against by any person because of the
alleged results of such administration or enforcement, or any
representative of such employee, may request the President to conduct a
full investigation of the matter and, at the request of any party, shall
hold public hearings, require the parties, including the employer
involved, to present information relating to the actual or potential
effect of such administration or enforcement on employment and any
alleged discharge, layoff, or other discrimination, and the detailed
reasons or justification therefore. Any such hearings shall be of
record and shall be subject to section 554 of title 5, United States
Code. Upon receiving the report of such investigation, the President
shall make findings of fact as to the effect of such administration or
enforcement on employment and on the alleged discharge, layoff, or
discrimination and shall make such recommendations as he deems
appropriate. Such report, findings, and recommendations shall be
available to the public. Nothing in this subsection shall be construed
to require or authorize the President or any State to modify or withdraw
any action, standard, limitation, or any other requirement of this Act.
Sec. 111. // 42 USC 9611. // (a) The President shall use the money
in the Fund for the following purposes:
(1) payment of governmental response costs incurred pursuant to
section 104 of this title, including costs incurred pursuant to
the Intervention on the High Seas Act;
(2) payment of any claim for necessary response costs incurred
by any other person as a result of carrying out the national
contingency plan established under section 311(c) of the Clean
Water Act
// 33 USC 1321. //
and amended by section 105 of this title: Provided, however, That
such costs must be approved under said plan and certified by the
responsible Federal official;
(3) payment of any claim authorized by subsection (b) of this
section and finally decided pursuant to section 112 of this title,
including those costs set out in subsection 112(c)(3) of this
title; and
(4) payment of costs specified under subsection (c) of this
section.
The President shall not pay for any administrative costs or expenses out
of the Fund unless such costs and expenses are reasonably necessary for
and incidental to the implementation of this title.
(b) Claims asserted and compensable but unsatisified under provisions
of section 311 of the Clean Water Act, which are modified by section 304
of this Act may be asserted against the Fund under this title; and
other claims resulting from a release or threat of release of a
hazardous substance from a vessel or a facility may be asserted against
the Fund under this title for injury to, or destruction or loss of,
natural resources, including cost for damage assessment: Provided,
however, That any such claim may be asserted only by the President, as
trustee, for natural resources over which the United States has
sovereign rights, or natural resources within the territory or the
fishery conservation zone of the United States to the extent they are
managed or protected by the United States, or by any State for natural
resources within the boundary of that State belonging to, managed by,
controlled by, or appertaining to the State.
(c) Uses of the Fund under subsection (a) of this section include--,
(1) the costs of assessing both short-term and long-term injury
to, destruction of, or loss of any natural resources resulting
from a release of a hazardous substance;
(2) the costs of Federal or State efforts in the restoration,
rehabilitaion, or replacement or acquring the equivalent of any
natural resources injured, destroyed, or lost as a result of a
release of a hazardous substance;
(3) subject to such amounts as are provided in appropriation
Acts, the costs of a program to identify, investigate, and take
enforcement and abatement action against releases of hazardous
substances;
(4) the costs of epidemiologic studies, development and
maintenance of a registry of persons exposed to hazardous
substances to allow long-term health effect studies, and
diagnostic services not otherwise available to determine whether
persons in populations exposed to hazardous substances in
connection with a release or a suspected release are suffering
from long-latency diseases;
(5) subject to such amounts as are provided in appropriation
Acts, the costs of providing equipment and similar overhead,
related to the purposes of this Act and section 311 of the Clean
Water Act, and needed to supplement equipment and services
available through contractors or other non-Federal entities, and
of establishing and maintaining damage assessment capability, for
any Federal agency involved in strike forces, emergency task
forces, or other response teams under the national contingency
plan; and
(6) subject to such amounts as are provided in appropriation
Acts, the costs of a program to protect the health and safety of
employees involved in response to hazardous substance releases.
Such program shall be developed jointly by the Environmental
Protection Agency, the Occupational Safety and Health
Administration, and the National Institute for Occupational Safety
and Health and shall include, but not be limited to, measures for
identifying and assessing hazards to which persons engaged in
removal, remedy, or other response to hazardous substances may be
exposed, methods to protect workers from such hazards, and
necessary regulatory and enforcement measures to assure adequate
protection of such employees.
(d)(1) No money in the Fund may be used under subsection (c)(1) and
(2) of this section, nor for the payment of any claim under subsection
(b) of this section, where the injury, destruction, or loss of natural
resources and the release of a hazardous substance from which such
damages resulted have occurred wholly before the enactment of this Act.
(2) No money in the Fund may be used for the payment of any claim
under subsection (b) of this section where such expenses are associated
with injury or loss resulting from long-term exposure to ambient
concentrations of air pollutants from multiple or diffuse sources.
(e)(1) Claims against or presented to the Fund shall not be valid or
paid in excess of the total moneyin the Fund at any one time. Such
claims become valid only when additional money is collected,
appropriated, or otherwise added to the Fund. Should the total claims
outstanding at any time exceed the current balance of the Fund, the
President shall pay such claims, to the extent authorized under this
section, in full in the order in which they were finally determined.
(2) In any fiscal year, 85 percent of the money credited to the Fund
under title II of this Act shall be available only for the purposes
specified in paragraphs (1), (2), and (4) of subsection (a) of this
section.
(3) No money in the Fund shall be available for remedial action,
other than actions specified in subsection (c) of this section, with
respect to federally owned facilities.
(4) Paragraphs (1) and (4) of subsection (a) of this section shall in
the aggregate be subject to such amounts as are provided inappropriation
Acts.
(f) The President is authorized to promulgate regulations designating
one or more Federal officials who may obligate money in the Fund in
accordance with this section or portions thereof. The President is also
authorized to delegate authority to obligate money in the Fund or to
settle claims to officials of a State operating under a contract or
cooperative agreement with the Federal Government pursuant to section
104(d) of this title.
(g) The President shall provide for the promulgation of rules and
regulations with respect to the notice to be provided to potential
injured parties by an owner and operator of any vessel, or facility from
which a hazardous substance has been released. Such rules and
regulations shall consider the scope and form of the notice which would
be appropriate to carry out the purposes of this title. Upon
promulgation of such rules and regulations, the owner and operator of
any vessel or facility from which a hazardous substance has been
releases shall provide notice in accordance with such rules and
regulations. With respect to releases from public vessels, the
President shall provide such notification as is appropriate to potential
injured parties. Until the promulgation of such rules and regulations,
the owner and operator of any vessel or facility from which a hazardous
substance has been released shall provide reasonable notice to potential
injured parties by publication in local newspapers serving the affected
area.
(h)(1) In accordance with regulations promulgated under section 301(
c) of this Act, damages for injury to, destruction of, or loss of
natural resources resulting from a release of a hazardous substance, for
the purposes of this Act and section 311(f) (4) and (5) of the Federal
Water Pollution Control Act, // 33 USC 1321. // shall be assessed by
Federal officials designated by the President under the national
contingency plan published under section 105 of the Act, and such
officials shall act for the President as trustee under this section and
section 311(f)(5) of the Federal Water Pollution Control Act.
(2) Any determination or assessment of damages for injury to,
destruction of, or loss of natural resources for the purposes of this
Act and section 311(f) (4) and (5) of the Federal Water Pollution
Control Act shall have the force and effect of a rebuttable presumption
on behalf of any claimant (including a trustee under section 107 of this
Act or a Federal agency) in any judicial or adjudicatory administrative
proceeding under this Act or section 311 of the Federal Water Pollution
Control Act.
(i) Except in a situation requiring action to avoid an irreversible
loss of natural resources or to prevent or reduce any continuing danger
to natural resources or similar need for emergency action, funds may not
be used under this Act for the restoration, rehabilitation, or
replacement or acquisition of the equivalent of any natural resources
until a plan for the use of such funds for such purposes has been
developed and adopted by affected Federal agencies and the Governor or
Governors of any State having sustained damage to natural resources
within its borders, belonging to, managed by or appertaining to such
State, after adequate public notice and opportunity for hearing and
consideration of all public comment.
(j) The President shall use the money in the Post-closure Liability
Fund for any of the purposes specified in subsection (a) of this section
with respect to a hazardous waste disposal facility for which liability
has transferred to such fund under section 107(k) of this Act, and, in
addition, for payment of any claim or appropriate request for costs of
response, damages, or other compensation for injury or loss under
section 107 of this Act or any other State or Federal law, resulting
from a release of a hazardous substance from such a facility.
(k) The Inspector General of each department or agency to which
responsibility to obligate money in the Fund is delegated shall provide
an audit review team to audit all payments, obligations, reimbursements,
or other uses of the Fund, to assure that the Fund is being properly
administered and that claims are being appropriately and expeditiously
considered. Each such Inspector General shall submit to the Congress an
interim report one year after the establishment of the Fund and a final
report two years after the establishment of the Fund. Each such
Inspector General shall thereafter provide such auditing of the Fund as
is appropriate. Each Federal agency shall cooperate with the Inspector
General in carrying out this subsection.
(1) To the extent that the provisions of this Act permit, a foreign
claimant may assert a claim to the same extent that a United States
claimant may assert a claim if--,
(1) the release of a hazardous substance occurred (A) in the
navigable waters or (B) in or on the territorial sea or adjacent
shoreline of a foreign country of which the claimant is a
resident;
(2) the claimant is not otherwise compensated for his loss;
(3) the hazardous substance was released from a facility or
from a vessel located adjacent to or within the navigable waters
or was discharged in connection with activities conducted under
the Outer Continental Shelf Lands Act, as amended (43 U.S.C. 1331
et seq.) or the Deepwater Port Act of 1974, as amended (33 U.S.C.
1501 et seq.); and
(4) recovery is authorized by a treaty or an executive
agreement between the United States and foreign country involved,
or if the Secretary of State, in consultation with the Attorney
General and other appropriate officials, certifies that such
country provides a comparable remedy for United States claimants.
Sec. 112. // 42 USC 9612. // (a) All claims which may be asserted
against the Fund pursuant to section 111 of this title shall be
presented in the first instance to the owner, operator, or guarantor of
the vessel or facility from which a hazardous substance has been
released, if known to the claimant, and to any other person known to the
claimant who may be liable under section 107 of this title. In any case
where the claim has not been satisfied within sixty days of presentation
in accordance with this subsection, the claimant may elect to commence
an action in court against such owner, operator, guarantor, or other
person or to present the claim to the Fund for payment.
(b)(1) The President shall prescribe appropriate forms and procedures
for claims filed hereunder, which shall include a provision requiring
the claimant to make a sworn verification of the claim to the best of
his knowledge. Any person who knowingly gives or causes to be given any
false information as a part of any such claim shall, upon conviction, be
fined up to $5,000 or imprisoned for not more than one year, or both.
(2)(A) Upon receipt of any claim, the President shall as soon as
practicable inform any known affected parties of the claim and shall
attempt to promote and arrange a settlement between the claimant and any
person who may be liable. If the claimant and alleged liable party or
parties can agree upon a settlement, it shall be final and binding upon
the parties thereto, who will be deemed to have waived all recourse
against the Fund.
(B) Where a liable party is unknown or cannot be determined, the
claimant and the President shall attempt to arrange settlement of any
claim against the Fund. The President is authorized to award and make
payment of such a settlement, subject to such proof and procedures as he
may promulgate by regulation.
(C) Except as provided in subparagraph (D) of this paragraph, the
President shall use the facilities and services of private insurance and
claims adjusting organizations or State agencies in implementing this
subsection and may contract to pay compensation for those facilities and
services. Any contract made under the provisions of this paragraph may
be made without regard to the provisions of section 3709 of the Revised
Statutes, as amended (41 U.S.C. 5), upon a showing by the President that
advertising is not reasonably practicable. When the services of a State
agency are used hereunder, no payment may be made on a claim asserted on
behalf of that State or any of its agencies or subdivisions uless the
payment has been approved by the President.
(D) To the extent necessitated by extraordinary circumstances, where
the services of such private organizations or State agencies are
inadequate, the President may use Federal personnel to implement this
subsection.
(3) If no settlement is reached within forty-five days of filing of a
claim through negotiation pursuant to this section, the President may,
if he is satisfied that the information developed during the processing
of the claim warrants it, make and pay an award of the claim. If the
claimant is dissatisfied with the award, he may appeal it in the manner
provided for in subparagraph (G) of paragraph (4) of this subsection.
If the President declines to make an award, he shall submit the claim
for decision to a member of the Board of Arbitrators established
pursuant to paragraph (4).
(4)(A) Within ninety days of the enactment of this Act, the President
shall establish a Board of Arbitrators to implement this subsection. The
Board shall consist of as many members as the President may determine
will be necessary to implement this subsection expeditiously, and he may
increase or decrease the size of the Board at any time in his discretion
in order to enable it to respond to the demands of such implementation.
Each member of the Board shall be selected through utilization of the
procedures of the American Arbitration Association: Provided, however,
That no regular employee of the President or any of the Federal
departments, administrations, or agencies to whom he delegated
responsibilities under this Act shall act as a member of the Board.
(B) Hearings conducted hereunder shall be public and shall be held in
such place as may be agreed upon by the parties thereto, or, in the
absence of such agreement, in such place as the President determines, in
his discretion, will be most convenient for the parties thereto.
(C) Hearings before a member of the Board shall be informal, and the
rules of evidence prevailing in judicial proceedings need not be
required. Each member of the Board shall have the power to administer
oaths and to subpena the attendance and testimony of witnesses and the
production of books, records, and other evidence relative or pertinent
tothe issues presented to him for decision. Testimony may be taken by
interrogatory or deposition. Each person appearing before a member of
the Board shall have the right to counsel. Subpenas shall be issued and
enforced in accordance with procedures in subsection (d) of section 555
of title 5, United States Code, and rules promulgated by the President.
If a person fails or refuses to obey a subpena, the President may invoke
the aid of the district court of the United States where the person is
found, resides, or transacts business in requiring the attendance and
testimony of the person and the production by him of books, papers,
documents, or any tangible things.
(D) In any proceeding before a member of the Board, the claimant
shall bear the burden of proving his claim. Should a member of the
Board determine that further investigations, monitoring, surveys,
testing, or other information gathering would be useful and necessary in
deciding the claim, he may request the President in writing to undertake
such activities pursuant to section 104(b) of this title. The President
shall dispose of such a request in his sole discretion, taking into
account various competing demands and the availability of the technical
and financial capacity to conduct such studies, monitoring, and
investigations. Should the President decide to undertake the requested
actons, all time requirements for the processing and deciding of claims
hereunder shall be suspended until the President reports the results
thereof to the member of the Board.
(E) All costs and expenses approved by the President attributable to
the employment of any member of the Board shall be payable from the
Fund, including fees and mileage expenses for witnesses summoned by such
members on the same basis and to the same extent as if such witnesses
were summoned before a district court of the United States.
(F) All decisions rendered by members of the Board shall be in
writing, with notification to all appropriate parties, and shall be
rendered within ninety days of submission of a claim to a member, unless
all the parties to the claim agree in writing to an extension or unless
the President extends the time limit pursuant to subparagraph (I) of
this subsection.
(G) All decisions rendered by members of the Board shall be final,
and any party to the proceeding may appeal such a decision within thirty
days of notification of the award or decision. Any such appeal shall be
made to the Federal district court for the district where the arbitral
hearing took place. In any such appeal, the award or decision of the
member of the Board shall be considered binding and conclusive, and
shall not be overturned except for arbitrary or capricious abuse of the
member's discretion: Provided, however, That no such award or decision
shall be admissible as evidence of any issue of fact or law in any
proceeding brought under any other provision of this Act or under any
other provision of law. Nor shall any prearbitral settlement reached
pursuant to subsection (b)(2)(A) of this section be admissible as
evidence in any such proceeding.
(H) Within twenty days of the expiration of the appeal period for any
arbitral award or decision, or within twenty days of the final judicial
determination of any appeal taken pursuant to this subsection, the
President shall pay any such award from the Fund. The President shall
determine the method, terms, and time of payment.
(I) If at any time the President determines that, because of a large
number of claims arising from any incident or set of incidents, it is in
the best interests of the parties concerned, he may extend the time for
prearbitral negotiation or for rendering an arbitral decision pursuant
to this subsection by a period not to exceed sixty days. He may also
group such claims for submission to a member of the Board of
Arbitrators.
(c)(1) Payment of any claim by the Fund under this section shall be
subject to the United States Government acquiring by subrogation the
rights of the claimant to recover those costs of removal or damages for
which it has compensated the claimant from the person responsible or
liable for such release.
(2) Any person, including the Fund, who pays compensation pursuant to
this Act to any claimant for damages or costs resulting from a release
of a hazardous substance shall be subrogated to all rights, claims, and
causes of action for such damages and costs of removal that the claimant
has under this Act or any other law.
(3) Upon request of the President, the Attorney General shall
commence an action on behalf of the Fund to recover any compensation
paid by the Fund to any claimant pursuant to this title, and, without
regard to any limitation of liability, all interest, administrative and
adjudicative costs, and attorney's fees incurred by the Fund by reason
of the claim. Such an action may be commenced against any owner,
operator, or guarantor, or against any other person who is liable,
pursuant to any law, to the compensated claimant or to the Fund, for the
damages or costs for which compensation was paid.
(d) No claim may be presented, nor may an action be commenced for
damages under this title, unless that claim is presented or action
commenced within three years from the date of the discovery of the loss
or the date of enactment of this Act, whichever is later: Provided,
however, That the time limitations contained herein shall not begin to
run against a minor until he reaches eighteen years of age or a legal
representative is duly appointed for him, nor against an incompetent
person until his incompetency ends or a legal representative is duly
appointed for him.
(e) Regardless of any State statutory or common law to the contrary,
no person who asserts a claim against the Fund pursuant to this title
shall be deemed or held to have waived any other claim not covered or
assertable against the Fund under this title arising from the same
incident, transaction, or set of circmstances, nor to have split a cause
of action. Further, no person asserting a claim against the Fund
pursuant to this title shall as a result of any determination of a
question of fact or law made in connection with that claim be deemed or
held to be collaterally estopped from raising such question in
connection with any other claim not covered or assertable against the
Fund under this title arising from the same incident, transaction, or
set of circumstances.
Sec. 113. // 42 USC 9613. // (a) Review of any regulation
promulgated under this Act may be had upon application by any interested
person only in the Circuit Court of Appeals of the United States for the
District of Columbia. Any such application shall be made within ninety
days from the date of promulgation of such regulations. Any matter with
respect to which review could have been obtained under this subsection
shall not be subject to judicial review in any civil or criminal
proceeding for enforcement or to obtain damages or recovery of response
costs.
(b) Except as provided in subsection (a) of this section, the United
States district courts shall have exclusive original jurisdiction over
all controversies arising under this Act, without regard to the
citizenship of the parties or the amount in controversy. Venue shall
lie in any district in which the release or damages occurred, or in
which the defendant resides, may be found, or has his principal office.
For the purposes of this section, the Fund shall reside in the District
of Columbia.
(c) The provisions of subsections (a) and (b) of this section shall
not apply to any controversy or other matter resulting from the
assessment of collection of any tax, as provided by title II of this
Act, or to the review of any regulation promulgated under the Internal
Revenue Code of 1954. // 26 USC 1 //
(d) No provision of this Act shall be deemed or held to moot any
litigation concerning any release of any hazardous substance, or any
damages associated therewith, commenced prior to enactment of this Act.
Sec. 114. // 42 USC 9614. // (a) Nothing in this Act shall be
construed or interpreted as preempting any State from imposing any
additional liability or requirements with respect to the release of
hazardous substances within such State.
(b) Any person who receives compensation for removal costs or damages
or claims pursuant to this Act shall be precluded from recovering
compensation for the same removal costs or damages or claims pursuant to
any other State or Federal law. Any person who receives compensation
for removal costs or damages or claims pursuant to any other Federal or
State law shall be precluded from receiving compensation for the same
removal costs or damages or claims as provided in this Act.
(c) Except as provided in this Act, no person may be required to
contribute to any fund, the purpose of which is to pay compensation for
claims for any costs of response or damages or claims which may be
compensated under this title. Nothing in this section shall preclude
any State from using general revenues for such a fund, or from imposing
a tax or fee upon any person or upon any substance in order to finance
the purchase or prepositioning of hazardous substance response equipment
or other preparations for the response to a release of hazardous
substances which affects such State.
(d) Except as provided in this title, no owner or operator of a
vessel or facility who establishes and maintains evidence of financial
responsibility in accordance with this title shall be required under any
State or local law, rule, or regulation to establish or maintain any
other evidence of financial responsibility in connection with liability
for the release of a hazardous substance from such vessel or facility.
Evidence of compliance with the financial responsibility requirements of
this title shall be accepted by a State in lieu of any other requirement
of financial responsibility imposed by such State in connection with
liability for the release of a hazardous substance from such vessel or
facility.
Sec. 115. // 42 USC 9615. // The President is authorized to delegate
and assign any duties or powers imposed upon or assigned to him and to
promulgate any regulations necessary to carry out the provisions of this
title.
SEC. 201. SHORT TITLE; AMENDMENT OF 1954 CODE.
(a) Short Title.-This title may be cited as the " Hazardous Substance
Response Revenue Act of 1980".
(b) Amendment of 1954 Code.--, // 26 USC 1 // Except as otherwise
expressly provided, whenever in this title an amendment or repeal is
expressed in terms of an amendment to, or repeal of, a section or other
provision, the reference shall be considered to be made to a section or
other provision of the Internal Revenue Code of 1954.
SEC. 211. IMPOSITION OF TAXES.
(a) General Rule.-Subtitle D (relating to miscellaneous excise taxes)
is amended by inserting after chapter 37 the following new chapter:
" Sec. 4611. Imposition of tax.
" Sec. 4612. Definitions and special rules.
" SEC. 4611. // 26 USC 4611. // IMPOSITION OF TAX.
"(a) General Rule.-There is hereby imposed a tax of 0.79 cent a
barrel on--,
"(1) crude oil received at a United States refinery, and
"(2) petroleum products entered into the United States for
consumption, use, or warehousing.
"(b) Tax on Certain Uses and Exportation.--,
"(1) In general.-If--,
the
United States, and
on
such crude oil under subsection (a),
then a tax of 0.79 cent a barrel is hereby imposed on such crude
oil.
"(2) Exception for use on premises where produced.-Paragraph
(1) shall not apply to any use of crude oil for extracting oil or
natural gas on the premises where such crude oil was produced.
"(c) Persons Liable for Tax.--,
"(1) Crude oil received at refinery.-The tax imposed by
subsection (a)(1) shall be paid by the operator of the United
States refinery.
"(2) Imported petroleum product.-The tax imposed by subsection
(a)(2) shall be paid by the person entering the product for
consumption, use, or warehousing.
"(3) Tax on certain uses or exports.-The tax imposed by
subsection (b) shall be paid by the person using or exporting the
crude oil, as the case may be.
"(d) Termination.-The taxes imposed by this section shall not apply
after September 30, 1985, except that if on September 30, 1983, or
September 30, 1984--,
"(1) the unobligated balance in the Hazardous Substance
Response Trust Fund as of such date exceeds $900,000,000, and
"(2) the Secretary, after consultation with the Administrator
of the Environmental Protection Agency, determines that such
unobligated balance will exceed $500,000,000 on September 30 of
the following year if no tax is imposed under section 4611 or 4661
during the calendar year following the date referred to above,
then no tax shall be imposed by this section during the first
calendar year beginning after the date referred to in paragraph
(1).
" SEC. 4612. // 26 USC 4612. // DEFINITIONS AND SPECIAL RULES.
"(a) Definitions.-For purposes of this subchapter--,
"(1) Crude oil.-The term 'crude oil' includes crude oil
condensates and natural gasoline.
"(2) Domestic crude oil.-The term 'domestic crude oil' means
any crude oil produced from a well located in the United States.
"(3) Petroleum product.-The term 'petroleum product' includes
crude oil.
"(4) United states.--,
"(A) In general.-The term ' United States' means the 50
States, the District of Columbia, the Commonwealth
of
Puerto Rico, any possession of the United States,
the Commonwealth
of the Northern Mariana Islands, and the Trust
Territory of the Pacific Islands.
// 26 USC 638. //
shall apply for purposes of the
term ' United States'.
of the
United States.
"(5) United states refinery.-The term ' United States refinery'
means any facility in the United States at which crude oil is
refined.
"(6) Refineries which produce natural gasoline.-In the case of
any United States refinery which produces natural gasoline from
natural gas, the gasoline so produced shall be treated as received
at such refinery at the time so produced.
"(7) Premises.-The term 'premises' has the same meaning as when
used for purposes of determining gross income from the property
under section 613.
"(8) Barrel.-The term 'barrel' means 42 United States gallons.
"(9) Fractional part of barrel.-In the case of a fraction of a
barrel, the tax imposed by section 4611 shall be the same fraction
of the amount of such tax imposed on a whole barrel.
"(b) Only 1 Tax Imposed with Respect to Any Product.-No tax shall be
imposed by section 4611 with respect to any petroleum product if the
person who would be liable for such tax establishes that a prior tax
imposed by such section has been imposed with respect to such product.
"(c) Disposition of Revenues From Puerto Rico and the Virgin
Islands.-The provisions of subsections (a)(3) and (b)(3) of section 7652
shall not apply to any tax imposed by section 4611.
" Sec. 4661. Impositon of tax.
" Sec. 4662. Definitions and special rules.
" SEC. 4661. // 26 USC 4661. // IMPOSITION OF TAX.
"(a) General Rule.-There is hereby imposed a tax on any taxable
chemical sold by the manufacturer, producer, or importer thereof.
"(b) Amount of Tax.-The amount of the tax imposed by subsection (a)
shall be determined in accordance with the following table:
TABLE OMITTED.
"(c) Termination.-No tax shall be imposed under this section during
any period during which no tax is imposed under section 4611(a).
" SEC. 4662. // 26 USC 4662. // DEFINITIONS AND SPECIAL RULES.
"(a) Definitions.-For purposes of this subchapter--,
"(1) Taxable chemical.-Except as provided in subsection (b),
the term 'taxable chemical' means any substance--,
and
consumption,
use, or warehousing.
"(2) United states.-The term ' United States' has the meaning
given such term by section 4612(a)(4).
"(3) Importer.--The term 'importer' means the person entering
the taxable chemical for consumption, use, or warehousing.
"(4) Ton.-The term 'ton' means 2,000 pounds. In the case of
any taxable chemical which is a gas, the term 'ton' means the
amount of such gas in cubic feet which is the equivalent of 2,000
pounds on a molecular weight basis.
"(5) Fractional part of ton.-In the case of a fraction of a
ton, the tax imposed by section 4661 shall be the same fraction of
the amount of such tax imposed on a whole ton.
"(b) Exceptions; Other Special Rules.-For purposes of this
subchapter--,
"(1) Methane or butane used as a fuel.-Under regulations
prescribed by the Secretary, methane or butane shall be treated as
a taxable chemical only if it is used otherwise than as a fuel
(and, for purposes of section 4661(a), the person so using it
shall be treated as the manufacturer thereof).
"(2) Substances used in the production of fertilizer.--,
acid,
ammonia, or methane used to produce ammonia which is a
qualified substance, no tax shall be imposed under
section
4661(a).
qualified
use.
the
term 'qualified use' means any use in the manufacture or
production of a fertilizer.
"(3) Sulfuric acid produced as a byproduct of air pollution
control.-In the case of sulfuric acid produced solely as a
byproduct of and on the same site as air pollution control
equipment, no tax shall be imposed under section 4661.
"(4) Substances derived from coal.-For purposes of this
subchapter, the term 'taxable chemical' shall not include any
substance to the extent derived from coal.
"(c) Use by Manufacturer, Etc., Considered Sale.-If any person
manufactures, produces, or imports a taxable chemical and uses such
chemical, then such person shall be liable for tax under section 4661 in
the same manner as if such chemical were sold by such person.
"(d) Refund or Credit for Certain Uses.--,
"(1) In general.-Under regulations prescribed by the Secretary,
if--,
any
taxable chemical, and
manufacture
or production of anyother substance the sale of
which by such person would be taxable under such
section, then an amount equal to the tax so paid shall be allowed
as a credit or refund (without interest) to such person in the
same manner as if it were an overpayment of tax imposed by such
section. In any case to which this paragraph applies, the amount
of any such credit or refund shall not exceed the amount of tax
imposed by such section on the other substance manufactured or
produced.
"(2) Use as fertilizer.-Under regulations prescribed by the
Secretary, if--,
make
ammonia without regard to subsection (b)(2), and
substance
for use, as a qualified substance,
then an amount equal to the excess of the tax so paid over the tax
determined with regard to subsection (b)(2) shall be allowed as a
credit or refund (without interest) to such person in the same
manner as if it were an overpayment of tax imposed by this
section.
"(e) Disposition of Revenues From Puerto Rico and the Virgin
Islands.-The provisions of subsection (a)(3) and (b)(3) of section 7652
// 26 USC 7652. // shall not apply to any tax imposed by section
4661.".
(b) Clerical Amendment.-The table of chapters for subtitle D is
amended by inserting after the item relating to chapter 37 the following
new item:
" Chapter 38. Environmental taxes.".
(c) Effective Date.-The amendments made by this section // 26 USC
4611 // shall take effect on April 1, 1981.
SEC. 221. // 42 USC 9631. // ESTABLISHMENT OF HAZARDOUS SUBSTANCE
RESPONSE TRUST FUND.
(a) Creation of Trust Fund.-There is established in the Treasury of
the United States a trust fund to be known as the " Hazardous Substance
Response Trust Fund" (hereinafter in this subtitle referred to as the "
Response Trust Fund"), consisting of such amounts as may be appropriated
or transferred to such Trust Fund as provided in this section.
(b) Transfers to Response Trust Fund.--,
(1) Amounts equivalent to certain taxes, etc.-There are hereby
appropriated, out of any money in the Treasury not otherwise
appropriated, to the Response Trust Fund amounts determined by the
Secretary of the Treasury (hereinafter in this subtitle referred
to as the " Secretary") to be equivalent to--,
Trust
Fund under this Act,
// 33 USC 1321. //
Act.
(2) Authorization for appropriations.-There is authorized to be
appropriated to the Emergency Response Trust Fund for fiscal
year--,
been appropriated
before October 1, 1984.
(3) Transfer of funds.-There shall be transferred to the
Response Trust Fund--,
in
section 311 of the Clean Water Act,
// 33 USC 1321. //
and
(c) Expenditures From Response Trust Fund.--,
(1) In general.-Amounts in the Response Trust Fund shall be
available in connection with releases or threats of releases of
hazardous substances into the environment only for purposes of
making expenditures which are described in section 111 (other than
subsection (j) thereof) of this Act, as in effect on the date of
the enactment of this Act, including--,
natural
resources, and
Act.
(2) Limitations on expenditures.-At least 85 percent of the
amounts appropriated to the Response Trust Fund under subsection
(b)(1)(A) and (2) shall be reserved--,
and (4)
of section 111(a) of this Act, and
SEC. 222. // 42 USC 9632. // LIABILITY OF UNITED STATES LIMITED TO
AMOUNT IN TRUST FUND.
(a) General Rule.-Any claim filed against the Response Trust Fund may
be paid only out of such Trust Fund. Nothing in this Act (or in any
amendment made by this Act) shall authorize the payment by the United
States Government of any additional amount with respect to any such
claim out of any source other than the Response Trust Fund.
(b) Order in Which Unpaid Claims Are To Be Paid.-If at any time the
Response Trust Fund is unable (by reason of subsection (a) or the
limitations of section 221(c)(2)) to pay all of the claims payable out
of such Trust Fund at such time, such claims shall, to the extent
permitted under subsection (a), be paid in full in the order in which
they were finally determined.
SEC. 223. // 42 USC 9633. // ADMINISTRATIVE PROVISIONS.
(a) Method of Transfer.-The amounts appropriated by section 221(b)(
1) shall be transferred at least monthly from the general fund of the
Treasury to the Response Trust Fund on the basis of estimates made by
the Secretary of the amounts referred to in such section. Proper
adjustments shall be made in the amount subsequently transferred to the
extent prior estimates were in excess of or less than the amounts
required to be transferred.
(b) Management of Trust Fund.--,
(1) Report.-The Secretary shall be the trustee of the Response
Trust Fund, and shall report tothe Congress for each fiscal year
ending on or after September 30, 1981, on the financial condition
and the results of the operations of such Trust Fund during such
fiscal year and on its expected condition and operations during
the next 5 fiscal years. Such report shall be printed as a House
document of the session of the Congress to which the report is
made.
(2) Investment.-It shall be the duty of the Secretary to invest
such portion of such Trust Fund as is not, in his judgment,
required to meet current withdrawals. Such investments shall be
in public debt securities with maturities suitable for the needs
of such Trust Fund and bearing interest at rates determined by the
Secretary, taking into consideration current market yields on
outstanding marketable obligations of the United States of
comparable maturities. The income on such investments shall be
credited to and form a part of such Trust Fund.
(c) Authority To Borrow.--,
(1) In general.-There are authorized to be appropriated to the
Response Trust Fund, as repayable advances, such sums as may be
necessary to carry out the purposes of such Trust Fund.
(2) Limitations on advances to response trust fund.--,
Fund
which is outstanding at any one time shall not exceed an
amount which the Secretary estimates will be equal to
the
sum of the amounts which will be appropriated or
transferred
to such Trust Fund under paragraph (1)(A) of section
221(b) of this Act for the following 12 months, and
response
costs described in section 111(a) (1), (2), or (4),
unless such
costs are incurred incident to any spill the effects of
which
the Secretary determines to be catastrophic.
costs
other than costs described in section 111(a) (1), (2),
or (4) shall
not exceed one-third of the amount of the estimate made
under subparagraph (A).
all
advances to such Fund shall be repaid on or before
such date.
(3) Repayment of advances.-Advances made pursuant to this
subsection shall be repaid, and interest on such advances shall be
paid, to the general fund of the Treasury when the Secretary
determines that moneys are available for such purposes in the
Trust Fund to which the advance was made. Such interest shall be
at rates computed in the same manner as provided in subsection (b)
and shall be compounded annually.
SEC. 231. IMPOSITION OF TAX.
(a) In General.-Chapter 38, as added by section 211, is amended by
adding at the end thereof the following new subchapter:
" Sec. 4681. Imposition of tax.
" Sec. 4682. Definitions and special rules.
" SEC. 4681. // 26 USC 4681. // IMPOSITION OF TAX.
"(a) General Rule.-There is hereby imposed a tax on the rceipt of
hazardous waste at a qualified hazardous waste disposal facility.
"(b) Amount of Tax.-The amount of the tax imposed by subsection (a)
shall be equal to $2.13 per dry weight ton of hazardous waste.
" SEC. 4682. // 26 USC 4682. // DEFINITIONS AND SPECIAL RULES.
"(a) Definitions.-For purposes of this subchapter--,
"(1) Hazardous waste.-The term 'hazardous waste' means any
waste--,
// 42 USC 6921. //
as in effect on the date
of the enactment of this Act (other than waste the
regulation
of which under such Act has been suspended by Act of
Congress on that date), or
requirements
of sections 3002 and 3004 of such Act,
// 42 USC 6922, 6924. //
as so in effect.
"(2) Qualified hazardous waste disposal facility.-The term
'qualified hazardous waste disposal facility' means any facility
which has received a permit or is accorded interim status under
section 3005 of the Solid Waste Disposal Act.
// 42 USC 6925. //
"(b) Tax Imposed on Owner or Operator.-The tax imposed by section
4681 shall be imposed on the owner or operator of the qualified
hazardous waste disposal facility.
"(c) Tax Not To Apply to Certain Wastes.-The tax imposed by section
4681 shall not apply to any hazardous waste which will not remain at the
qualified hazardous waste disposal facility after the facility is
closed.
"(d) Applicability of Section.-The tax imposed by section 4681 shall
apply to the receipt of hazardous waste after September 30, 1983, except
that if, as of September 30 of any subsequent calendar year, the
unobligated balance of the Post-closure Liability Trust Fund exceeds
$200,000,000, no tax shall be imposed under such section during the
following calendar year.".
(b) Conforming Amendment.-The table of subchapters for chapter 38 is
amended by adding at the end thereof the following new item:
SEC. 232. // 42 USC 9641. // POST-CLOSURE LIABILITY TRUST FUND.
(a) Creation of Trust Fund.-There is established in the Treasury of
the United States a trust fund to be known as the " Post-closure
Liability Trust Fund", consisting of such amounts as may be
appropriated, credited, or transferred to such Trust Fund.
(b) Expenditures From Post-closure Liability Trust Fund.--, Amounts
in the Post-closure Liability Trust Fund shall be available only for the
purposes described in sections 107(k) and 111(j) of this Act (as in
effect on the date of the enactment of this Act).
(c) Administrative Provisions.-The provisions of sections 222 and 223
of this Act shall apply with respect to the Trust Fund established under
this section, except that the amount of any repayable advances
outstanding at any one time shall not excee $200,000,000.
Sec. 301. // 42 USC 9651. // (a)(1) The President shall submit to
the Congress, within four years after enactment of this Act, a
comprehensive report on experience with the implementation of this Act,
including, but not limited to--,
(A) the extent to which the Act and Fund are effective in
enabling Government to respond to and mitigate the effects of
releases of hazardous substances;
(B) a summary of past receipts and disbursements from the Fund;
(C) a projection of any future funding needs remaining after
the expiration of authority to collect taxes, and of the threat to
public health, welfare, and the environment posed by the projected
releases which create any such needs;
(D) the record and experience of the Fund in recovering Fund
disbursements from liable parties;
(E) the record of State participation in the system of response,
liability, and compensation established by this Act;
(F) the impact of the taxes imposed by title II of this Act on
the Nation's balance of trade with other countries;
(G) an assessment of the feasibility and desirability of a
schedule of taxes which would take into account one or more of the
following: the likelihood of a release of a hazardous substance,
the degree of hazard and risk of harm to public health, welfare,
and the environment resulting from any such release, incentives to
proper handling, recycling, incineration, and neutralization of
hazardous wastes, and disincentives to improper or illegal
handling or disposal of hazardous materials, administrative and
reporting burdens on Government and industry, and the extent to
which the tax burden falls on the substances and parties which
create the problems addressed by this Act. In preparing the
report, the President shall consult with appropriate Federal,
State, and local agencies, affected industries and claimants, and
such other interested parties as he may find useful. Based upon
the analyses and consultation required by this subsection, the
President shall also include in the report any recommendations for
legislative changes he may deem necessary for the better
effectuation of the purposes of this Act, including but not
limited to recommendations concerning authorization levels, taxes,
State participation, liability and liability limits, and financial
responsibility provisions for the Response Trust Fund and the
Post-closure Liability Trust Fund;
(H) an exemption from or an increase in the substances or the
amount of taxes imposed by section 4661 of the Internal Revenue
Code of 1954 for copper, lead, and zinc oxide, and for feedstocks
when used in the manufacture and production of fertilizers, based
upon the expenditure experience of the Response Trust Fund;
(I) the economic impact of taxing coal-derived substances and
recycled metals.
(2) The Administrator of the Environmental Protection Agency (in
consultation with the Secretary of the Treasury) shall submit to the
Congress (i) within four years after enactment of this Act, a report
identifying additional wastes designated by rule as hazardous after the
effective date of this Act and pursuant to section 3001 of the Solid
Waste Disposal Act // 42 USC 69219. // and recommendations on
appropriate tax rates for such wastes for the Post-closure Liability
Trust Fund. The report shall, in addition, recommend a tax rate,
considering the quantity and potential danger to human health and the
environment posed by the disposal of any wastes which the Administrator,
pursuant to subsection 3001(b)(2)(B) and subsection 3001(b)(3)(A) of the
Solid Waste Disposal Act of 1980, has determined should be subject to
regulation under subtitle C of such Act, (ii) within three years after
enactment of this Act, a report on the necessity for and the adequacy of
the revenue raised, in relation to estimated future requirements, of the
Post-closure Liability Trust Fund.
(b) The President shall conduct a study to determine (1) whether
adequate private insurance protection is available on reasonable terms
and conditions to the owners and operators of vessels and facilities
subject to liability under section 107 of this Act, and (2) whether the
market for such insurance is sufficiently competitive to assure
purchasers of features such as a reasonable range of deductibles,
coinsurance provisions, and exclusions. The President shall submit the
results of his study, together with his recommendations, within two
years of the date of enactment of this Act, and shall submit an interim
report on his study within one year of the date of enactment of this
Act.
(c)(1) The President, acting through Federal officials designated by
the National Contingency Plan published under section 105 of this Act,
shall study and, not later than two years after the enactment of this
Act, shall promulgate regulations for the assessment of damages for
injury to, destruction of, or loss of natural resources resulting from a
release of oil or a hazardous substance for the purposes of this Act and
section 311(f) (4) and (5) of the Federal Water Pollution Control Act.
// 33 USC 1321. //
(2) Such regulations shall specify (A) standard procedures for
simplified assessments requiring minimal field observation, including
establishing measures of damages based on units of discharge or release
or units of affected area, and (B) alternative protocols for conducting
assessments in individual cases to determine the type and extent of
short- and long-term injury, destruction, or loss. Such regulations
shall identify the best available procedures to determine such damages,
including both direct and indirect injury, destruction, or loss and
shall take into consideration factors including, but not limited to,
replacement value, use value, and ability of the ecosystem or resource
to recover.
(3) Such regulations shall be reviewed and revised as appropriate
every two years.
(d) The Administrator of the Environmental Protection Agency shall,
inconsultation with other Federal agencies and appropriate
representatives of State and local governments and nongovernmental
agencies, conduct a study and report to the Congress within two years of
the date of enactment of this Act on the issues, alternatives, and
policy considerations involved in the selection of locations for
hazardous waste treatment, storage, and disposal facilities. This study
shall include--,
(A) an assessment of current and projected treatment, storage,
and disposal capacity needs and shortfalls for hazardous waste by
management category on a State-by-State basis;
(B) an evaluation of the appropriateness of a regional approach
to siting and designing hazardous waste management facilities and
the identification of hazardous waste management regions,
interstate or intrastate, or both, with similar hazardous waste
management needs;
(C) solicitation and analysis of proposals for the construction
and operation of hazardous waste management facilities by
nongovernmental entities, except that no proposal solicited under
terms of this subsection shall be analyzed if it involves cost to
the United States Government or fails to comply with the
requirements of subtitle C of the Solid Waste Disposal Act
// 42 USC 6921. //
and other applicable provisions of law;
(D) recommendations on the appropriate balance between public
and private sector involvement in the siting, design, and
operation of new hazardous waste management facilities;
(E) documentation of the major reasons for public opposition to
new hazardous waste management facilities; and
(F) an evaluation of the various options for overcoming
obstacles to siting new facilities, including needed legislation
for implementing the most suitable option or options.
(e)(1) In order to determine the adequacy of existing common law and
statutory remedies in providing legal redress for harm to man and the
environment caused by the release of hazardous substances into the
environment, there shall be submitted to the Congress a study within
twelve months of enactment of this Act.
(2) This study shall be conducted with the assistance of the American
Bar Association, the American Law Institute, the Association of American
Trial Lawyers, and the National Association of State Attorneeys General
with the President of each entity selecting three members from each
organization to conduct the study. The study chairman and one reporter
shall be elected from among the twelve members of the study group.
(3) As part of their review of the adequacy of existing common law
and statutory remedies, the study group shall evaluate the following:
(A) the nature, adequacy, and availability of existing remedies
under present law in compensating for harm to man from the release
of hazardous substances;
(B) the nature of barriers to recovery (particularly with
respect to burdens of going forward and of proof and relevancy)
and the role such barriers play in the legal system;
(C) the scope of the evidentiary burdens placed on the
plaintiff in proving harm from the release of hazardous
substances, particularly in light of the scientific uncertainty
over causation with respect to--,
(D) the nature and adequacy of existing remedies under present
law in providing compensation for damages to natural resources
from the release of hazardous substances;
(E) the scope of liability under existing law and the
consequences, particularly with respect to obtaining insurance, of
any changes in such liability;
(F) barriers to recovery posed by existing statutes of
limitations.
(4) The report shall be submitted to the Congress with appropriate
recommendations. Such recommendations shall explicitly address--,
(A) the need for revisions in existing statutory or common law,
and
(B) whether such revisions should take the form of Federal
statutes or the development of a model code which is recommended
for adoption by the States.
(5) The Fund shall pay administrative expenses incurred for the
study. No expenses shall be available to pay compensation, except
expenses on a per diem basis for the one reporter, but in no case shall
the total expenses of the study exceed $300,000.
(f) The President, acting through the Administrator of the
Environmental Protection Agency, the Secretary of Transportation, the
Administrator of the Occupational Safety and Health Administration, and
the Director of the National Institute for Occupational Safety and
Health shall study and, not later than two years after the enactment of
this Act, shall modify the national contingency plan to provide for the
protection of the health and safety of employees involved in response
actions.
Sec. 302. // 42 USC 9652. // (a) Unless otherwise provided, all
provisions of this Act shall be effective on the date of enactment of
this Act.
(b) Any regulation issued pursuant to any provisions of section 311
of the Clean Water Act // 33 USC 1321. // which is repealed or
superseded by this Act and which is in effect on the date immediately
preceding the effective date of this Act shall be deemed to be a
regulation issued pursuant to the authority of this Act and shall remain
in full force and effect unless or until superseded by new regulations
issued thereunder.
(c) Any regulation--,
(1) respecting financial responsibility,
(2) issued pursuant to any provision of law repealed or
superseded by this Act, and
(3) in effect on the date immediately preceding the effective
date of this Act shall be deemed to be a regulation issued
pursuant to the authority of this Act and shall remain in full
force and effect unless or until superseded by new regulations
issued thereunder.
(d) Nothing in this Act shall affect or modify in any way the
obligations or liabilities of any person under other Federal or State
law, including common law, with respect to releases of hazardous
substances or other pollutants or contaminants. The provisions of this
Act shall not be considered, interpreted, or construed in any way as
reflecting a determination, in part or whole, of policy regarding the
inapplicability of strict liability, or strict liability doctrines, to
activities relating to hazardous substances, pollutants, or contaminants
or other such activities.
Sec. 303. // 42 USC 9653. // Unless reauthorized by the Congress,
the authority to collect taxes conferred by this Act shall terminate on
September 30, 1985, or when the sum of the amounts received in the
Treasury under secton 4611 and under 4661 of the Internal Revenue Code
of 1954 total $1,380,000,000, whichever occurs first. The Secretary of
the Treasury shall estimate when this level of $1,380,000,000 will be
reached and shall by regulation, provide procedures for the termination
of the tax authorized by this Act and imposed under sections 4611 and
4661 of the Internal Revenue Code of 1954.
Sec. 304. (a) Subsection (b) of section 504 of the Federal Water
Pollution Control Act // 33 USC 1364. // is hereby repealed.
(b) One-half of the unobligated balance remaining before the date of
the enactment of this Act // 42 USC 9654. // under subsection (k) of
section 311 of the Federal Water Pollution Control Act // 33 USC 1321.
// and all sums appropriated under section 504(b) of the Federal Water
Pollution Control Act shall be transferred to the Fund established under
title II of this Act.
(c) In any case in which any provision of section 311 of the Federal
Water Pollution Control Act is determined to be in conflict with any
provisions of this Act, the provisions of this Act shall apply.
Sec. 305. // 42 USC 9655. // (a) Notwithstanding any other provision
of law, simultaneously with promulgation or repromulgation of any rule
or regulation under authority of title I of this Act, the head of the
department, agency, or instrumentality promulgating such rule or
regulation shall transmit a copy thereof to the Secretary of the Senate
and the Clerk of the House of Representatives. Except as provided in
subsection (b) of this section, the rule or regulation shall not become
effective, if--,
(1) within ninety calendar days of continuous session of
Congress after the date of promulgation, both Houses of Congress
adopt a concurrent resolution, the matter after the resolving
clause of which is as follows: " That Congress disapproves the
rule or regulation promulgated by the dealing with the matter of ,
which rule or regulation was transmitted to Congress on .", the
blank spaces therein being appropriately filled; or
(2) within sixty calendar days of continuous session of
Congress after the date of promulgation, one House of Congress
adopts such a concurrent resolution and transmits such resolution
to the other House, and such resolution is not disapproved by such
other House within thirty calendar days of continuous session of
Congress after such transmittal.
(b) If, at the end of sixty calendar days of continuous session of
Congress after the date of promulgation of a rule or regulation, no
committee of either House of Congress has reported or been discharged
from further consideration of a concurrent resolution disapproving the
rule or regulation and neither House has adopted such a resolution, the
rule or regulation may go into effect immediately. If, within such sixty
calendar days, such a committee has reported or been discharged from
further consideration of such a resolution, or either House has adopted
such a resolution, the rule or regulation may go into effect not sooner
than ninety calendar days of continuous session of Congress after such
rule is prescribed unless disapproved as provided in subsection (a) of
this section.
(c) For purposes of subsections (a) and (b) of this section--,
(1) continuity of session is broken only by an adjournment of
Congress sine die; and
(2) the days on which either House is not in session because of
an adjournment of more than three days to a day certain are
excluded in the computation of thirty, sixty, and ninety calendar
days of continuous session of Congress.
(d) Congressional inaction on, or rejection of, a resolution of
disapproval shall not be deemed an expression of approval of such rule
or regulation.
Sec. 306. // 42 USC 9656. // (a) Each hazardous substance which is
listed or designated as provided in section 101(14) of this Act shall,
within ninety days after the date of enactment of this Act or at the
time of such listing or designation, whichever is later, be listed as a
hazardous material under the Hazardous Materials Transportation Act. //
49 USC 1801 //
(b) A common or contract carrier shall be liable under other law in
lieu of section 107 of this Act for damages or remedial action resulting
from the release of a hazardous substance during the course of
transportation which commenced prior to the effective date of the
listing of such substance as a hazardous material under the Hazardous
Materials Transportation Act, or for substances listed pursuant to
subsection (a) of this section, prior to the effective date of such
listing: Provided, however, That this subsection shall not apply where
such a carrier can demonstrate that he did not have actual knowledge of
the identity or nature of the substance released.
(c) Section 11901 of title 49, United States Code, is amended by--,
(1) redesignating subsection (h) as subsection (i);
(2) by inserting "and subsection (h)" after "subsection (g)" in
subsection (i)(2) as so redesignated by paragraph (1) of this
subsection; and
(3) by inserting the following new subsection (h):
"(h) A person subject to the jurisdiction of the Commission under
subchapter II of chapter 105 of this title, // 49 USC 10541. // or an
officer, agent, or employee of that person, and who is required to
comply with section 10921 of this title but does not so comply with
respect to the transportation of hazardous wastes as defined by the
Environmental Protection Agency pursuant to section 3001 of the Solid
Waste Disposal Act (but not including any waste the regulation of which
under the Solid Waste Disposal Act has been suspended by Congress)
shall, in any action brought by the Commission, be liable to the United
States for a civil penalty not to exceed $20,000 for each violation.".
Sec. 307. (a) Section 2001 of the Solid Waste Disposal Act // 42 USC
6911. // is amended by striking out "a Deputy Assistant" and inserting
in lieu thereof "an Assistant".
(b) The Assistant Administrator of the Environmental Protection
Agency appointed to head the Office of Solid Waste shall be in addition
to the five Assistant Administrators of the Environmental Protection
Agency provided for in section 1(d) of Reorganization Plan Numbered 3 of
1970 and the additional Assistant Administrator provided by the Toxic
Substances Control Act, shall be appointed by the President by and with
the advice and consent of the Senate, and shall be compensated at the
rate provided for Level IV of the Executive Schedule pay rates under
section 5315 of title 5, United States Code.
(c) The amendment made by subsection (a) // 42 USC 6911 // shall
become effective ninety days after the date of the enactment of this
Act.
Sec. 308. // 42 USC 9657. // If any provision of this Act, or the
application of any provision of this Act to any person or circumstance,
is held invalid, the application of such provision to other persons or
circumstances and the remainder of this Act shall nt be affected
thereby.
Approved December 11, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 96 - 1016, pt. I (Comm. on Interstate and Foreign
Commerce) and No. 96 - 1016, Pt. II (Comm. on Ways and Means).
SENATE REPORT No. 96 - 848 accompanying S. 1480 (Comm. on Environment
and Public Works).
CONGRESSIONAL RECORD, Vol. 126 (1980):
Sept. 18, 19, 23, considered and passed House.
Nov. 24, considered and passed Senate, amended, in lieu of S.
1480.
Dec. 3, House concurred in Senate amendments.
WEEKLY COMPILATION OF PRESIDENTAL DOCUMENTS, Vol. 16, No. 50:
Dec. 11, Presidential statement.
PUBLIC LAW 96-509, 94 STAT. 2750, JUVENILE JUSTICE AMENDMENTS OF 1980
Prevention Act of 1974 to extend
the authorization of appropriations for such Act, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Section 1. This Act // 42 USC 5601 // may be cited as the " Juvenile
Justice Amendments of 1980".
Sec. 2. (a) Section 261(a) of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5671(a)) is amended--,
(1) by striking out "$150,000,000" and all that follows through
"1979, and"; and
(2) by striking out "for the fiscal year ending September 30,
1980" and inserting in lieu thereof "for each of the fiscal years
ending September 30, 1981, September 30, 1982, September 30, 1983,
and September 30, 1984".
(b) Section 341(a) of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5751(a)) is amended by striking out " June 30,
1975" and all that follows through "1980" and inserting in lieu thereof
the following: " September 30, 1981, September 30, 1982, September 30,
1983, and September 30, 1984".
Sec. 3. Section 101(a) of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5601(a)) is amended--,
(1) in paragraph (4) thereof, by inserting "alcohol and other"
after "abuse";
(2) in paragraph (6) thereof, by striking out "and" at the end
thereof;
(3) in paragraph (7) thereof, by striking out the period at the
end thereof and inserting in lieu thereof "; and"; and
(4) by adding at the end thereof the following new paragraph:
"(8) the juvenile justice system should give additional
attention to the problem of juveniles who commit serious crimes,
with particular attention given to the areas of sentencing,
providing resources necessary for informed dispositions, and
rehabilitation.".
Sec. 4. (a) Section 102(a) of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5602(a)) is amended--,
(1) in paragraph (6) thereof, by striking out "and" at the end
thereof;
(2) in paragraph (7) thereof, by striking out the period at the
end thereof and inserting in lieu thereof "; and"; and
(3) by adding at the end thereof the following new paragraph:
"(8) to assist State and local governments in removing
juveniles from jails and lockups for adults.".
(b) Section 102(b)(1) of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5602(b)(1)) is amended by inserting
before the semicolon at the end thereof the following: ", including
methods with a special focus on maintaining and strengthening the family
unit so that juveniles may be retained in their homes".
Sec. 5. (a) Section 103(1) of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5603(1)) is amended by inserting
"special education," after "training,".
(b) Section 103(4) of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5603(4)) is amended to read as follows:
"(4)(A) the term ' Office of Justice Assistance, Research, and
Statistics' means the office established by section 801(a) of the
Omnibus Crime Control and Safe Streets Act of 1968;
// 42 USC 3781. //
"(B) the term ' Law Enforcement Assistance Administration'
means the administration established by section 101 of the Omnibus
Crime Control and Safe Streets Act of 1968;
// 42 USC 3711. //
"(C) the term ' National Institute of Justice' means the
institute established by section 202(a) of the Omnibus Crime
Control and Safe Streets Act of 1968;
// 42 USC 3722. //
and
"(D) the term ' Bureau of Justice Statistics' means the bureau
established by section 302(a) of the Omnibus Crime Control and
Safe Streets Act of 1968;".
// 42 USC 3732. //
(c) Section 103(7) of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5603(7)) is amended by striking out "and any
territory or possession of the United States" and inserting in lieu
thereof "the Virgin Islands, Guam, American Samoa, and the Commonwealth
of the Northern Mariana Islands".
(d) Section 103(9) of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5603(9)) is amended by striking out "law
enforcement" and inserting in lieu thereof "juvenile justice and
delinquency prevention".
(e) Section 103(12) of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5603(12)) is amended to read as
follows:
"(12) the term 'secure detention facility' means any public or
private residential facility which--,
physically
restrict the movements and activities of juveniles or
other
individuals held in lawful custody in such facility;
and
having
committed a criminal offense;".
(f) Section 103 of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5603) is amended--,
(1) by redesignating paragraph (13) as paragraph (15); and
(2) by inserting after paragraph (12) the following new
paragraphs:
"(13) the term 'secure correctional facility' means any public
or private residential facility which--,
physically
restrict the movements and activities of juveniles or
other
individuals held in lawful custody in such facility;
and
other
individual convicted of a criminal offense;
"(14) the term 'serious crime' means criminal homicide,
forcible rape, mayhem, kidnapping, aggravated assault, robbery,
larceny or theft punishable as a felony, motor vehicle theft,
burglary or breaking and entering, extortion accompanied by
threats of violence, and arson punishable as a felony; and".
(g) Section 103(15) of the Juvenile Justice and Delinquency
Prevention Act of 1974, // 42 USC 5603. // as so redesignated in
subsection (f)(1), is amended--,
(1) by inserting "special education," after "educational,";
and
(2) by striking out "and benefit the addict" and all that
follows through ", and his" and inserting in lieu thereof ",
including services designed to benefit addicts and other users by
eliminating their dependence on alcohol or other addictive or
nonaddictive drugs or by controlling their dependence and".
PREVENTION
Sec. 6. (a) Section 201(a) of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5611(a)) is amended by striking out "
Law Enforcement Assistance Administration" and inserting in lieu thereof
"under the general authority of the Attorney General".
(b) Section 201(d) of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5611(d)) is amended--,
(1) in the first sentence thereof, by striking out "direction
of" and all that follows through " Administration" and inserting
in lieu thereof "general authority of the Attorney General";
(2) in the second sentence thereof, by striking out ", subject
to the direction of the Administrator,", and by inserting
"prescribe regulations for," before "award";
(3) in the third sentence thereof--,
Institute of
Justice" after " Administrator" the first place it
appears
therein; and
and
Delinquency Prevention" after " Administrator" the
last
place it appears therein; and
(4) by striking out the last sentence thereof.
(c) Section 201(e) of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5611(e)) is amended by striking out "
Administrator of the Law Enforcement Assistance Administration" and
inserting in lieu thereof " Attorney General".
(d) Section 201(f) of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5611(f)) is amended by striking out "
Administrator" the last place it appears therein and inserting in lieu
thereof " Attorney General".
Sec. 7. (a) Section 204(b) of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5614(b)) is amended--,
(1) by striking out ", with the assistance of the Associate
Administrator,"; and
(2) in paragraph (6) thereof, by inserting "and training
assistance" after "technical assistance".
(b) Section 204 of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5614) is amended by adding at the end thereof the
following new subsection:
"(m) To carry out the purposes of this section, there is authorized
to be appropriated for each fiscal year an amount which does not exceed
7.5 percent of the total amount appropriated to carry out this title.".
DELINQUENCY
PREVENTION
Sec. 8. (a) Section 206(a)(1) of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5616(a)(1)) is amended--,
(1) by inserting "the Secretary of Education, the Secretary of
Housing and Urban Development, the Director of the Community
Services Administration," after " Secretary of Labor,"; and
(2) by striking out "the Secretary of Housing and Urban
Development," and inserting in lieu thereof "the Director of the
Bureau of Prisons, the Commissioner of the Bureau of Indian
Affairs, the Director for the Office of Special Education and
Rehabilitation Services, the Commissioner for the Administration
for Children, Youth, and Families, and the Director of the Youth
Development Bureau,".
(b) Section 206(c) of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5616(c)) is amended--,
(1) by striking out "the Attorney General and";
(2) by inserting ", and to the Congress," after " President";
and
(3) by adding at the end thereof the following new sentence: "
The Council shall review, and make recommendations with respect
to, any joint funding proposal undertaken by the Office of
Juvenile Justice and Delinquency Prevention and any agency
represented on the Council.".
(c) Section 206(d) of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5616(d)) is amended by striking out "a minimum of
four times per year" and inserting in lieu thereof "at least quarterly".
(d) Section 206(e) of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5616(e)) is amended by striking out "may" and
inserting in lieu thereof "shall".
(e) Section 206(g) of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5616(g)) is amended by inserting ", not to exceed
$500,000 for each fiscal year" before the period at the end thereof.
Sec. 9. Part A of title II of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5611 et seq.) // 42 USC 5617, 5618.
// is amended by striking out section 207, section 208, and section 209,
and inserting in lieu thereof the following new section:
AND
DELINQUENCY PREVENTION
" Sec. 207. // 42 USC 5617. // (a)(1) There is hereby established a
National Advisory Committee for Juvenile Justice and Delinquency
Prevention (hereinafter in this Act referred to as the ' Advisory
Committee') which shall consist of 15 members appointed by the
President.
"(2) Members shall be appointed who have special knowledge concerning
the prevention and treatment of juvenile delinquency or the
administration of juvenile justice, such as juvenile or family court
judges; probation, correctional, or law enforcement personnel;
representatives of private, voluntary organizations and community-based
programs, including youth workers involved with alternative youth
programs; and persons with special training or experience in addressing
the problems of youth unemployment, school violence and vandalism, and
learning disabilities.
"(3) At least 5 of the individuals appointed as members of the
Advisory Committee shall not have attained 24 years of age on or before
the date of their appointment. At least 2 of the individuals so
appointed shall have been or shall be (at the time of appointment) under
the jurisdiction of the juvenile justice system. The Advisory Committee
shall contact and seek regular input from juveniles currently under the
jurisdiction of the juvenile justice system.
"(4) The President shall designate the Chairman from members
appointed to the Advisory Committee. No full-time officer or employee
of the Federal Government may be appointed as a member of the Advisory
Committee, nor may the Chairman be a full-time officer or employee of
any State or local government.
"(b)(1) Members appointed by the President shall serve for terms of 3
years. Of the members first appointed, 5 shall be appointed for terms
of 1 year, 5 shall be appointed for terms of 2 years, and 5 shall be
appointed for terms of 3 years, as designated by the President at the
time of appointment. Thereafter, the term of each member shall be 3
years. The initial appointment of members shall be made not later than
90 days after the effective date of this section.
"(2) Any member appointed to fill a vacancy occurring before the
expiration of the term for which the predecessor of such member was
appointed shall be appointed only for the remainder of such term. The
President shall fill a vacancy not later than 90 days after such vacancy
occurs. Members shall be eligible for reappointment and may serve after
the expiration of their terms until their successors have taken office.
"(c) The Advisory Committee shall meet at the call of the Chairman,
but not less than quarterly. Ten members of the Advisory Committee
shall constitute a quorum.
"(d) The Advisory Committee shall--,
"(1) review and evaluate, on a continuing basis, Federal
policies regarding juvenile justice and delinquency prevention and
activities affecting juvenile justice and delinquency prevention
conducted or assisted by all Federal agencies;
"(2) advise the Administrator with respect to particular
functions or aspects of the work of the Office;
"(3) advise, consult with, and make recommendations to the
National Institute of Justice and the National Institute for
Juvenile Justice and Delinquency Prevention concerning the overall
policy and operations of each such Institute regarding juvenile
justice and delinquency prevention research, evaluations, and
training provided by each such Institute; and
"(4) make refinements in recommended standards for the
administration of juvenile justice at the Federal, State, and
local levels which have been reviewed under section 247,
// 42 USC 5657. //
and recommend Federal, State, and local action to facilitate the
adoption of such standards throughout the United States.
"(e) Beginning in 1981, the Advisory Committee shall submit such
interim reports as it considers advisable to the President and to the
Congress, and shall submit an annual report to the President and to the
Congress not later than March 31 of each year. Each such report shall
describe the activities of the Advisory Committee and shall contain such
findings and recommendations as the Advisory Committee considers
necessary or appropriate.
"(f) The Advisory Committee shall have staff personnel, appointed by
the Chairman with the approval of the Advisory Committee, to assist it
in carrying out its activities. The head of each Federal agency shall
make available to the Advisory Committee such information and other
assistance as it may require to carry out its activities. The Advisory
Committee shall not have any authority to procure any temporary or
intermittent services of any personnel under section 3109 of title 5,
United States Code, or under any other provision of law.
"(g)(1) Members of the Advisory Committee shall, while serving on
business of the Advisory Committee, be entitled to receive compensation
at a rate not to exceed the daily rate specified for Grade GS-18 of the
General Schedule in section 5332 of title 5, United States Code,
including traveltime.
"(2) Members of the Advisory Committee, while serving away from their
places of residence or regular places of business, shall be entitled to
reimbursement for travel expenses, including per diem in lieu of
subsistence, in the same manner as the expenses authorized by section
5703 of title 5, United States Code, for persons in the Federal
Government service employed intermittently.
"(h) To carry out the purposes of this section, there is authorized
to be appropriated such sums as may be necessary, not to exceed $500,000
for each fiscal year.".
Sec. 10. The last sentence of section 222(a) of the Juvenile Justice
and Delinquency Prevention Act of 1974 (42 U.S.C. 5632(a)) is amended by
striking out "and", and by inserting ", and the Commonwealth of the
Northern Mariana Islands" after " Pacific Islands".
Sec. 11. (a)(1) Section 223(a) of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5633(a)) is amended by
striking out "consistent with the provisions" and all that follows
through "such plan must" and inserting in lieu thereof the following:
"applicable to a 3-year period. Such plan shall be amended annually to
include new programs, and the State shall submit annual performance
reports to the Administrator which shall describe progress in
implementing programs contained in the original plan, and shall describe
the status of compliance with State plan requirements. In accordance
with regulations which the Administrator shall prescribe, such plan
shall".
(2) Section 223(a)(3)(A) of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5633(a)(3)(A)) is amended by striking
out "twenty-one" and inserting in lieu thereof "15", and by striking out
"thirty-three" and inserting in lieu thereof "33".
(3) Section 223(a)(3)(B) of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5633(a)(3)(B)) is amended--,
(A) by inserting "locally elected officials," after "include";
and
(B) by inserting "special education," after "education,".
(4) Section 223(a)(3)(E) of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5633(a)(3)(E)) is amended--,
(A) by striking out "one-third" and inserting in lieu thereof
"one-fifth";
(B) by striking out "twenty-six" and inserting in lieu thereof
"24";
(C) by inserting ", and" after "appointment"; and
(D) by striking out "three of whom" and inserting in lieu
thereof "3 of whose members".
(5) Section 223(a)(3)(F) of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5633(a)(3)(F)) is amended--,
(A) by striking out "(ii) may advise" and all that follows
through "requested;" and inserting in lieu thereof "(ii) shall
submit to the Governor and the legislature at least annually
recommendations with respect to matters related to its functions,
including State compliance with the requirements of paragraph
(12)(A) and paragraph (13);"; and
(B) by adding at the end thereof the following: "and (v) shall
contact and seek regular input from juveniles currently under the
jurisdiction of the juvenile justice system;".
(6) Section 223(a)(3)(F)(iii) of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5633(a)(3)(F)(iii)) is amended by
striking out "and" at the end thereof.
(7) Section 223(a)(8) of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5633(a)(8)) is amended to read as
follows:
"(8) provide for (A) an analysis of juvenile crime problems and
juvenile justice and delinquency prevention needs within the
relevant jurisdiction, a description of the services to be
provided, and a description of performance goals and priorities,
including a specific statement of the manner in which programs are
expected to meet the identified juvenile crime problems and
juvenile justice and delinquency prevention needs of the
jurisdiction; (B) an indication of the manner in which the
programs relate to other similar State or local programs which are
intended to address the same or similar problems; and (C) a plan
for the concentration of State efforts which shall coordinate all
State juvenile delinquency programs with respect to overall policy
and development of objectives and priorities for all State
juvenile delinquency programs and activities, including provision
for regular meetings of State officials with responsibility in the
area of juvenile justice and delinquency prevention;".
(8) Section 223(a)(10) of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5633(a)(10)) is amended--,
(A) by striking out "juvenile detention and correctional
facilities" and inserting in lieu thereof "confinement in secure
detention facilities and secure correctional facilities";
(B) by striking out "and" the fifth place it appears therein;
(C) by inserting after "standards" the following: ", and to
provide programs for juveniles who have committed serious crimes,
particularly programs which are designed to improve sentencing
procedures, provide resources necessary for informed dispositions,
and provide for effective rehabilitation"; and
(D) by adding at the end thereof the following new
subparagraph:
illegal
activities and to promote involvement in lawful
activities on
the part of juvenile gangs and their members;".
(9) Section 223(a)(10)(A) of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5633(a)(10)(A)) is amended by
inserting "education, special education," after "home programs,".
(10) Section 223(a)(10)(E) of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5633(a)(10)(E)) is amended by striking
out "keep delinquents and to", and by inserting "delinquent youth and"
after "encourage".
(11) Section 223(a)(10)(H) of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5633(a)(10)(H)) is amended to read as
follows:
"(h) statewide programs through the use of subsidies or other
financial incentives to units of local government designed to--,
incarceration
and detention;".
(12) Section 223(a)(10)(I) of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5633(a)(10)(I)) is amended to read as
follows:
"(I) programs designed to develop and implement projects
relating to juvenile delinquency and learning disabilities,
including on-the-job training programs to assist law enforcement
and juvenile justice personnel to more effectively recognize and
provide for learning disabled and other handicapped juveniles;
and".
(13) Section 223(a)(12)(A) of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5633(a)(12)(A)) is amended--,
(A) by inserting "or offenses which do not constitute
violations of valid court orders" after "adult"; and
(B) by striking out "juvenile detention or correctional
facilities" and inserting in lieu thereof "secure detention
facilities or secure correctional facilities".
(14) Section 223(a)(15) of the Juvenile Justice and Delinquency
Prevention Act of 1974, as so redesignated in paragraph (15)(A), is
amended--,
(A) by striking out "paragraph (12)(A) and paragraph (13)" and
inserting in lieu thereof "paragraph (12)(A), paragraph (13), and
paragraph (14)"; and
(B) by inserting before the semicolon at the end thereof the
following: ", except that such reporting requirements shall not
apply in the case of a State which is in compliance with the other
requirements of this paragraph, which is in compliance with the
requirements in paragraph (12)(A) and paragraph (13), and which
has enacted legislation which conforms to such requirements and
which contains, in the opinion of the Administrator, sufficient
enforcement mechanisms to ensure that such legislation will be
administered effectively".
(15) Section 223(a) of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5633(a)), as amended by the foregoing
provisions of this subsection, is further amended--,
(A) by redesignating paragraph (14) through paragraph (21) as
paragraph (15) through paragraph (22), respectively, and by
inserting after paragraph (13) the following new paragraph:
"(14) provide that, beginning after the 5-year period following
the date of the enactment of the Juvenile Justice Amendments of
1980, no juvenile shall be detained or confined in any jail or
lockup for adults, except that the Administrator shall promulgate
regulations which (A) recognize the special needs of areas
characterized by low population density with respect to the
detention of juveniles; and (B) shall permit the temporary
detention in such adult facilities of juveniles accused of serious
crimes against persons, subject to the provisions of paragraph
(13), where no existing acceptable alternative placement is
available;"; and
(B) by adding at the end thereof the following new sentence: "
Such plan shall be modified by the State, as soon as practicable
after the date of the enactment of the Juvenile Justice Amendments
of 1980, in order to comply with the requirements of paragraph
(14).".
(b) Section 223(c) of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5633(c)) is amended--,
(1) by striking out ", with the concurrence of the Associate
Administrator,";
(2) by inserting after "juveniles" the following: "or through
removal of 100 percent of such juveniles from secure correctional
facilities"; and
(3) by adding at the end thereof the following new sentence: "
Failure to achieve compliance with the requirements of subsection
(a)(14) within the 5-year time limitation shall terminate any
State's eligibility for funding under this subpart, unless the
Administrator determines that (1) the State is in substantial
compliance with such requirements through the achievement of not
less than 75 percent removal of juveniles from jails and lockups
for adults; and (2) the State has made, through appropriate
executive or legislative action, an unequivocal commitment to
achieving full compliance within a reasonable time, not to exceed
2 additional years.".
(c) Section 223(d) of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5633(d)) is amended--,
(1) by inserting "endeavor to" after "the Administrator shall";
(2) by striking out "public and private" and all that follows
through "section 224" and inserting in lieu thereof "local public
and private nonprofit agencies within such State for use in
carrying out the purposes of subsection (a)(12)(A), subsection
(a)(13), or subsection (a)(14)";
(3) by striking out "endeavor to make such reallocated funds"
and inserting in lieu thereof "make funds which remain available
after disbursements are made by the Administrator under the
preceding sentence, and any other unobligated funds,";
(4) by striking out "a preferential" and inserting in lieu
thereof "an equitable";
(5) by striking out "to programs in nonparticipating States
under section 224(a)(2) and";
(6) by striking out "substantial or"; and
(7) by striking out "subsection (a)(12)(A) requirement" and all
that follows through "subsection (c)" and inserting in lieu
thereof "requirements under subsection (a)(12)(A) and subsection
(a)(13)".
Sec. 12. (a) Section 224(a)(5) of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5634(a)(5)) is amended to
read as follows:
"(5) develop statewide programs through the use of subsidies or
other financial incentives designed to--,
of
juvenile justice within the State;".
(b) Section 224(a)(11) of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5634(a)(11)) is amended by inserting
before the period at the end thereof the following: ", including
on-the--, job training programs to assist law enforcement personnel and
juvenile justice personnel to more effectively recognize and provide for
learning disabled and other handicapped juveniles".
(c) Section 224(a) of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5634(a)) is amended--,
(1) in paragraph (10) thereof, by striking out "and" at the end
thereof;
(2) in paragraph (11) thereof, by striking out the period at
the end thereof and inserting in lieu thereof "; and"; and
(3) by adding at the end thereof the following new paragraph:
"(12) develop and implement special emphasis prevention and
treatment programs relating to juveniles who commit serious
crimes.".
(d) Section 224 of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5634) is amended by adding at the end thereof the
following new subsections:
"(d) Assistance provided pursuant to this section shall be available
on an equitable basis to deal with disadvantaged youth, including
females, minority youth, and mentally retarded and emotionally or
physically handicapped youth.
"(e) At least 5 percent of the funds available for grants and
contracts made pursuant to this section shall be available for grants
and contracts designed to address the special needs and problems of
juvenile delinquency in the Virgin Islands, Guam, American Samoa, the
Trust Territory of the Pacific Islands, and the Commonwealth of the
Northern Mariana Islands.".
Sec. 13. (a) Section 227 of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5637) is amended by adding at the end
thereof the following new subsection:
"(c) Funds paid pursuant to section 223(a)(10)(D) // 42 USC 5633. //
and section 224(a)(7) // 42 USC 5634. // to any public or private
agency, organization, or institution or to any individual (whether
directly or through a State criminal justice council) shall not be used
to pay for any personal service, advertisement, telegram, telephone
communication, letter, printed or written matter, or other device,
intended or designed to influence a Member of the Congress or any other
Federal, State, or local elected official to favor or oppose any Acts,
bills, resolutions, or similar legislation, or any referendum,
initiative, constitutional amendment, or any similar procedure by the
Congress, any State legislature, any local council, or any similar
governing body, except that this subsection shall not preclude such
funds from being used in connection with communications to Federal,
State, or local elected officials, upon the request of such officials
through proper official channels, pertaining to authorization,
appropriation, or oversight measures directly affecting the operation of
the program involved. The Administrator shall take such action as may
be necessary to ensure that no funds paid under section 223(a)(10)( D)
or section 224(a)(7) // 42 USC 5633, 5634. // are used either directly
or indirectly in any manner prohibited in this subsection.".
Sec. 14. (a) Section 228 of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5638) is amended--,
(1) by striking out subsection (a) and subsection (b) thereof,
and by striking out the section designation preceding subsection
(a);
(2) by redesignating subsection (c) through subsection (g) as
subsection (a) through subsection (e), respectively; and
(3) by inserting " Sec. 228." before subsection (a), as so
redesignated in paragraph (2).
(b) Section 228(e) of the Juvenile Justice and Delinquency Prevention
Act of 1974, as so redesignated in subsection (a), is amended--,
(1) by inserting "subpart II of" after "applicant under"; and
(2) by striking out "under section 224" and inserting in lieu
thereof "in an equitable manner to States which have complied with
the requirements in section 223(a)(12)(A) and section 223( a)(13),
under section 224(a)(5)".
Sec. 15. Section 261 of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5671) is amended by adding at the end
thereof the following new subsection:
"(c) Notwithstanding any other provision of law, if the Administrator
determines, in his discretion, that sufficient funds have not been
appropriated for any fiscal year for the activities authorized in part D
of title I of the Omnibus Crime Control and Safe Streets Act of 1968, //
42 USC 3741. // then the Administrator is authorized to--,
"(1) approve any appropriate State agency designated by the
Governor of the State involved as the sole agency responsible for
supervising the preparation and administration of the State plan
submitted under section 223;
// 42 USC 5633. //
and
"(2) establish appropriate administrative and supervisory board
membership requirements for any agency designated in accordance
with paragraph (1), and permit the State advisory group appointed
under section 223(a)(3) to operate as the supervisory board for
such agency, at the discretion of the Governor.".
Sec. 16. Section 262 of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5672) is amended to read as follows:
" Sec. 262. (a) The administrative provisions of sections 802(a),
802(c), 803, 804, 805, 806, 807, 810, 812, 813, 814(a), 815(c), 817(a),
817(b), 817(c), 818(a), 818(b), and 818(d) of the Omnibus Crime Control
and Safe Streets Act of 1968 // 42 USC 3782 - 3788, 3789a - 3789d,
3789f, 3789g. // are incorporated in this Act as administrative
provisions applicable to this Act. References in the cited sections
authorizing action by the Director of the Office of Justice Assistance,
Research and Statistics, the Administrator of the Law Enforcement
Assistance Administration, the Director of the National Institute of
Justice, and the Director of the Bureau of Justice Statistics also shall
be construed as authorizing the Administrator of the Office of Juvenile
Justice and Delinquency Prevention to perform the same action.
"(b) The Office of Justice Assistance, Research and Statistics shall
directly provide staff support to, and coordinate the activities of, the
Office of Juvenile Justice and Delinquency Prevention in the same manner
as it is authorized to provide staff support and coordinate the
activities of the Law Enforcement Assistance Administration, National
Institute of Justice, and Bureau of Justice Statistics pursuant to
section 801(b) of the Omnibus Crime Control and Safe Streets Act of
1968.". // 42 USC 3781. //
FOR ADULTS
Sec. 17. // 42 USC 5633 // (a) The Administrator of the Office of
Juvenile Justice and Delinquency Prevention, not later than 18 months
after the date of the enactment of this Act, shall submit a report to
the Congress relating to the cost and implications of any requirement
added to the Juvenile Justice and Delinquency Prevention Act of 1974 //
42 USC 5601 // which would mandate the removal of juveniles from adults
in all jails and lockups.
(b) The report required in subsection (a) shall include--,
(1) an estimate of the costs likely to be incurred by the
States in implementing the requirement specified in subsection
(a);
(2) an analysis of the experience of States which currently
require the removal of juveniles from adults in all jails and
lockups;
(3) an analysis of possible adverse ramifications which may
result from such requirement of removal, including an analysis of
whether such requirement would lead to an expansion of the
residential capacity of secure detention facilities and secure
correctional facilities for juveniles, thus resulting in a net
increase in the total number of juveniles detained or confined in
such facilities; and
(4) recommendations for such legislative or administrative
action as the Administrator considers appropriate.
Sec. 18. (a) The heading for title III of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5701 et seq.) is amended
to read as follows:
(b) Section 301 of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5701 note) // 42 USC 5601 // is amended by
inserting "and Homeless" after " Runaway".
(c) Section 311 of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5711) is amended--,
(1) by inserting "(a)" after the section designation;
(2) by inserting "equitably among the States based upon their
respective populations of youth under 18 years of age" after
"shall be made";
(3) by inserting ", and their families," after "homeless
youth";
(4) by inserting after "services." the following new sentence:
" Grants also may be made for the provision of a national
communications system for the purpose of assisting runaway and
homeless youth in communicating with their families and with
service providers."; and
(5) by adding at the end thereof the following new subsections:
"(b) The Secretary is authorized to provide supplemental grants to
runaway centers which are developing, in cooperation with local juvenile
court and social service agency personnel, model programs designed to
provide assistance to juveniles who have repeatedly left and remained
away from their homes or from any facilities in which they have been
placed as the result of an adjudication.
"(c) The Secretary is authorized to provide on-the-job training to
local runaway and homeless youth center personnel and coordinated
networks of local law enforcement, social service, and welfare personnel
to assist such personnel in recognizing and providing for learning
disabled and other handicapped juveniles.".
(d)(1) Section 312(a) of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5712(a)) is amended by striking out
"house" and inserting in lieu thereof "center", and by inserting "or to
other homeless juveniles" before the period at the end thereof.
(2) Section 312(b) of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5712(b)) is amended--,
(A) by striking out "house" each place it appears therein and
inserting in lieu thereof "center"; and
(B) in paragraph (4) thereof, by inserting "social service
personnel, and welfare personnel," after "personnel,".
(e) Section 313 of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5713) is amended by striking out "$100,000" and
inserting in lieu thereof "$150,000", and by striking out "any applicant
whose program budget is smaller than $150,000" and inserting in lieu
thereof "organizations which have a demonstrated experience in the
provision of service to runaway and homeless youth and their families".
(f) Section 315 of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5715) is amended by striking out "houses" and
inserting in lieu thereof "centers".
Sec. 19. (a) Section 103(5) of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5603(5)) is amended by striking out
"section 101(b)" and all that follows through "amended" and inserting in
lieu thereof "section 201(c)".
(b)(1) Section 201(c) of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5611(c)) is amended--,
(A) in the first sentence thereof, by striking out "
Associate"; and
(B) by striking out the last sentence thereof.
(2) Section 201(d) of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5611(d)) is amended by striking out " Asociate"
each place it appears therein.
(3) Section 201(e) of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5611(e)) is amended by striking out " Associate"
each place it appears therein, and by striking out " Office" the last
place it appears therein and inserting in lieu thereof "office".
(4) Section 201(f) of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5611(f)) is amended by striking out " Associate".
(c)(1) Section 202(c) of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5612(c)) is amended by striking out "
Associate".
(2) Section 202(d) of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5612(d)) is amended by striking out "title I" and
inserting in lieu thereof "title 5".
(d)(1) Section 204(d)(1) of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5614(d)(1)) is amended by striking out
" Associate".
(2) Section 204(g) of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5614(g)) is amended by striking out "
Administration" and inserting in lieu thereof " Office".
(3) Section 204(i) of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5614(i)) is amended by striking out " Associate".
(4) Section 204(k) of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5614(k)) is amended by striking out "the
Department of Health, Education, and Welfare" and inserting in lieu
thereof " Health and Human Services".
(5) Section 204(l)(1) of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5614(l)(1)) is amended by striking out
" Associate".
(e) Section 205 of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5615) is amended by striking out " Associate"
each place it appears therein.
(f)(1) Section 206(a)(1) of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5616(a)(1)) is amended--,
(A) by striking out ", Education, and Welfare" and inserting in
lieu thereof "and Human Services";
(B) by striking out "the Commissioner of the Office of
Education,";
(C) by inserting "the Director of the Office of Justice
Assistance, Research and Statistics, the Administrator of the Law
Enforcement Assistance Administration," after "designees,";
(D) by striking out " Associate" each place it appears therein;
and
(E) by inserting "the Director of the National Institute of
Justice," after " Prevention," the last place it appears therein.
(2) Section 206(b) of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5616(b)) is amended by striking out " Associate".
(3) Section 206(e) of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5616(e)) is amended by striking out " Associate".
(g)(1) Section 223(a)(1) of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5633(a)(1)) is amended--,
(A) by striking out "planning agency" and inserting in lieu
thereof "criminal justice council"; and
(B) by striking out "section 203 of such title I" and inserting
in lieu thereof "section 402(b)(1) of the Omnibus Crime Control
and Safe Streets Act of 1968".
// 42 USC 3742. //
(2) Section 223(a)(2) of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5633(a)(2)) is amended by striking out
"planning agency" and inserting in lieu thereof "criminal justice
council".
(3) Section 223(a)(3)(A) of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5633(a)(3)(A)) is amended by striking
out "a juvenile" and inserting in lieu thereof "juvenile".
(4) Section 223(a)(3)(F) of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5633(a)(3)(F)) is amended--,
(A) in clause (i) thereof, by striking out "planning agency"
and inserting in lieu thereof "criminal justice council";
(B) in clause (iii) thereof, by striking out "planning agency"
and all that follows through "as amended" and inserting in lieu
thereof "criminal justice council"; and
(C) in clause (iv) thereof--,
"criminal
justice council and local criminal justice advisory";
and
and
inserting in lieu thereof "section 1002".
(5) Section 223(a)(11) of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5633(a)(11)) is amended by striking
out "provides" and inserting in lieu thereof "provide".
(6) Section 223(a)(12)(B) of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5633(a)(12)(B)) is amended by striking
out " Associate".
(7) Section 223(a)(15) of the Juvenile Justice and Delinquency
Prevention Act of 1974, as so redesignated in section 11(a)(15)(A), is
amended by striking out " Associate".
(8) Section 223(a)(18)(A) of the Juvenile Justice and Delinquency
Prevention Act of 1974, as so redesignated in section 11(a)(15)(A), is
amended by striking out "or" the first place it appears therein and
inserting in lieu thereof "of".
(9) Section 223(a)(21) of the Juvenile Justice and Delinquency
Prevention Act of 1974, as so redesignated in section 11(a)(15)(A), is
amended--,
(A) by striking out "planning agency" and inserting in lieu
thereof "criminal justice council";
(B) by striking out "then" and inserting in lieu thereof
"than"; and
(C) by striking out " Associate".
(10) Section 223(a)(22) of the Juvenile Justice and Delinquency
Prevention Act of 1974, as so redesignated in section 11(a)(15)(A), is
amended by striking out " Associate".
(11) Section 223(a) of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5633(a)), as amended in section 11(
a)(15)(B), is further amended (in the sentence preceding the last
sentence thereof) by striking out "303(a)" and inserting in lieu thereof
"section 403".
(12) Section 223(b) of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5633(b)) is amended by striking out
"planning agency" and inserting in lieu thereof "criminal justice
council".
(13) Section 223(d) of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5633(d)) is amended by striking out
"sections 509, 510, and 511" and inserting in lieu thereof "sections
803, 804, and 805".
(h) Section 224(a)(6) of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5634(a)(6)) is amended by striking out
" Commissioner" and inserting in lieu thereof " Secretary".
(i) Section 228(e) of the Juvenile Justice and Delinquency Prevention
Act of 1974, // 42 USC 5638. // as so redesignated in section 11(a), is
amended by striking out "section 509" and inserting in lieu thereof
"section 803".
(j)(1) Section 241(b) of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5651(b)) is amended by striking out "
Associate" each place it appears therein.
(2) Section 241(c) of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5651(c)) is amended by striking out " National
Institute of Law Enforcement and Criminal Justice" and inserting in lieu
thereof " National Institute of Justice".
(k) Section 244(3) of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5654(3)) is amended by striking out "sections
249, 250, and 251" and inserting in lieu thereof "sections 248, 249, and
250".
(l) Section 245 of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5655) is amended by striking out " Associate".
(m) Section 246 of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5656) is amended by striking out " Associate"
each place it appears therein.
(n) Section 248(a) of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5658(a)) // 42 USC 5659. // is amended by
striking out " Associate" each place it appears therein.
(o) Section 249 of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5660) is amended by striking out " Associate".
(p)(1) Section 250(a) of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5661(a)) is amended by striking out "
Associate" each place it appears therein.
(2) Section 250(b) of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5661(b)) is amended by striking out " Associate"
each place it appears therein.
(3) Section 250(c) of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5661(c)) is amended by striking out "section
5703(b)" and inserting in lieu thereof "section 5703".
Approved December 8, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 946 accompanying H.R. 6704 (Comm. on Education
and Labor).
SENATE REPORT No. 96 - 705 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 126 (1980):
May 20, considered and passed Senate.
Nov. 14, 19, H.R. 6704 considered and passed House; passage
vacated and S. 2441, amended, passed in lieu.
Nov. 20, Senate concurred in House amendments.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 16, No. 50:
Dec. 8, Presidential statement.
PUBLIC LAW 96-508, 94 STAT. 2748
To increase the authorization for the Council on Wage and Price
Stability, to extend the duration of such Council, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) section 2(b) of
the Council on Wage and Price Stability Act (12 U.S.C. 1904 note) is
amended by striking out the last sentence thereof and inserting in lieu
thereof the following: " The Council shall be headed by a Chairperson
who shall be appointed by the President, by and with the advise and
consent of the Senate.".
(b) The amendments made by subsection (a) // 12 USC 1904 // shall
apply only to individuals who are appointed, on or after the date of the
enactment of this Act, as Chairperson of the Council on Wage and Price
Stability.
Sec. 2. Section 3(c) of the Council on Wage and Price Stability Act
// 12 USC 1904 // is amended to read as follows:
"(c) The Council shall review proposals which have been made for
reducing inflation through tax-based incomes policies and shall submit a
report containing its findings, along with recommendations and
legislative proposals for such policies, to the Congress not later than
January 15, 1981. Such review shall include, but not be limited to,
tax-based incomes policies designed to provide incentives for compliance
with wage, price, or profit-margin guidelines that could be provided
through changes in personal income taxes, corporate income taxes,
investment tax credits, or depreciation allowances. The Council shall
also review the impact on inflation that might result from supply side
income tax reductions and include in the report required by this
subsection its findings pursuant to such review.".
Sec. 3. Section 5 of the Council on Wage and Price Stability Act //
12 USC 1904 // is amended by striking out "on a quarterly basis and not
later than thirty days after the close of each calendar quarter" and
inserting in lieu thereof "on an annual basis".
Sec. 4. Section 6 of the Council on Wage and Price Stability Act //
12 USC 1904 // is amended by striking out "not to exceed" and all that
follows through the end thereof and inserting in lieu thereof "not to
exceed $9,770,000 for the fiscal year ending September 30, 1981.".
Sec. 5. Section 7 of the Council on Wage and Price Stability Act //
12 USC 1904 // is amended by striking out " September 30, 1980" and
inserting in lieu thereof " September 30, 1981".
Sec. 6. Section 3 of the Council on Wage and Price Stability Act //
12 USC 1904 // is amended by adding at the end thereof the following:
"(d) The Council shall not prescribe an annual average price increase
guideline lower than the percentage obtained by subtracting the average
annual growth in nonfarm output per man-hour in the private sector since
1973, as measured by the Bureau of Labor Statistics and stated as a
percentage, from the average annual wage increase permitted under the
voluntary wage standard, stated as a percentage.".
Sec. 7. (a) Section 3 of the Council on Wage and Price Stability Act
// 12 USC 1904 // is amended by adding at the end thereof the following:
"(e) For the fiscal year ending September 30, 1981, the Council shall
increase the number of positions which involve the review of proposed
and existing Federal regulations by 50 per centum, over the number of
positions allocated for such purpose for the fiscal year 1980. In
conducting such review, the Council shall identify those regulations
which have the greatest inflationary impact on the economy or on
specific industry sectors, consistent with subsection (a)(8).".
(b) Section 5 of such Act // 12 USC 1904 // is amended by adding at
the end thereof the following: " The annual report shall also contain
an evaluation of the inflationary impact reviews undertaken by the
Council in the previous year pursuant to section 3(e), including a
listing and description of all regulatory proceedings in which the
Council participated, the Council's recommended action, the projected
cost of each such regulation, the cumulative inflationary impact of such
regulations and the final disposition of each such regulatory
proceeding.".
Sec. 8. Section 2 of the Council on Wage and Price Stability Act //
12 USC 1904 // is amended by adding at the end thereof the following new
subsection:
"(h) The Director shall establish an Office of Productivity which
shall have as its prime responsibility improving private-sector
productivity in the United States. Such office shall evaluate the
impact of government regulations on productivity, shall inventory and
evaluate Federal programs designed to improve productivity, and shall
analyze the effects on United States productivity of the factors cited
in section 3(a)(9) of this Act. // 12 USC 1904 // The Office of
Productivity shall annually issue a report to Congress containing the
results of such evaluations, steps appropriate to improve the
effectiveness of such Federal programs, and recommendations of new
Federal programs and policies to increase private-sector productivity
growth.".
Sec. 9. The Credit Control Act is amended by adding at the end
thereof the following:
" Sec. 211. // 12 USC 1910. // Termination
" The authority conferred by this title expires at the close of June
30, 1982.".
Sec. 10. // 2 USC 60a // In the fiscal year beginning October 1,
1980, the aggregate amount of funds made available to the Senate shall
not exceed 90 per centum of the aggregate amount of the funds made
available for such purposes for the fiscal year beginning on October 1,
1979.
Approved December 8, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 972 accompanying H.R. 6777 (Comm. on Banking,
Finance, and Urban Affairs).
SENATE REPORT No. 96 - 729 (Comm. on Banking, Housing, and Urban
Affairs).
CONGRESSIONAL RECORD, Vol. 126 (1980):
June 2, considered and passed Senate.
Sept. 24, H.R. 6777 considered and passed House.
Sept. 30, H.R. 6777 considered and passed Senate, amended, in
lieu of S. 2352.
Oct. 1, S. 2352 considered and passed House, amended.
Nov. 20, Senate concurred in House amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 16, No. 50:
Dec. 9, Presidential statement.
PUBLIC LAW 96-507, 94 STAT. 2747
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That title V of the
Communications Act of 1934 (47 U.S.C. 501 et seq.) // 47 U.S.C. 506, 507
- 509. // is amended by striking out section 506, and by redesignating
section 507 through section 509 as section 506 through section 508,
respectively.
Sec. 2. (a) Section 317(b) of the Communications Act of 1934 (47 U.
S.C. 317(b)) is amended by striking out "section 508" and inserting in
lieu thereof "section 507".
(b) Section 503(b) of the Communications Act of 1934 (47 U.S.C. 503(
b)) is amended--,
(1) by striking out "509(a)" and inserting in lieu thereof
"508(a)"; and
(2) by striking out "section 507" and inserting in lieu thereof
"section 506".
(c) Section 504(b) of the Communications Act of 1934 (47 U.S.C. 504(
b)) is amended by striking out "507" and inserting in lieu thereof
"506".
Approved December 8, 1980.
LEGISLATIVE HISTORY
HOUSE REPORT: No. 96 - 1378 (Comm. on Interstate and Foreign
Commerce).
CONGRESSIONAL RECORD, Vol. 126 (1980):
Sept. 30, Oct. 1, considered and passed House.
Nov. 21, considered and passed Senate.
PUBLIC LAW 96-506, 94 STAT. 2745
Act of 1965 and the
Appalachian Regional Development Act of 1965 to
extend the authorization for
such Acts for two additional years.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Public Works
and Economic Development Act of 1965 (42 U.S.C. 3121 et seq.) // 42 USC
3132. // is amended as follows:
(1) The first sentence of section 102 is amended by striking
out "and September 30, 1979," and inserting in lieu thereof "
September 30, 1979, September 30, 1980, September 30, 1981, and
September 30, 1982,".
(2) Section 105 is amended by striking out "and September 30,
1979." at the end of the first sentence and inserting in lieu
thereof " September 30, 1979, September 30, 1980, September 30,
1981, and September 30, 1982.". Section 105 is further amended by
striking out "and September 30, 1979," in the third sentence
thereof and inserting in lieu thereof " September 30, 1979,
September 30, 1980, September 30, 1981, and September 30, 1982,".
(3) Section 201(c)
// 42 USC 3141. //
is amended by striking out "and September 30, 1979." at the end
thereof and inserting in lieu thereof " September 30, 1979,
September 30, 1980, September 30, 1981, and September 30, 1982.".
(4) Section 204(c)
// 42 USC 3144. //
is amended by striking out "and September 30, 1979." and inserting
in lieu thereof " September 30, 1979, September 30, 1980,
September 30, 1981, and September 30, 1982.".
(5) Section 303(a)
// 42 USC 3152. //
is amended by striking out "and September 30, 1979." and inserting
in lieu thereof " September 30, 1979, September 30, 1980,
September 30, 1981, and September 30, 1982.". Section 303( b) is
amended by striking out "and September 30, 1979," and inserting in
lieu thereof " September 30, 1979, September 30, 1980, September
30, 1981, and September 30, 1982,".
(6) The first sentence of section 304(a)
// 42 USC 3153. //
is amended by striking out "and September 30, 1979," and inserting
in lieu thereof " September 30, 1979, September 30, 1980,
September 30, 1981, and September 30, 1982,".
(7) Section 403(g)
// 42 USC 3171. //
is amended by striking out "and September 30, 1979," and inserting
in lieu thereof " September 30, 1979, September 30, 1980,
September 30, 1981, and September 30, 1982,".
(8) Section 404
// 42 USC 3172. //
is amended by striking out "and September 30, 1979," and inserting
in lieu thereof " September 30, 1979, September 30, 1980,
September 30, 1981, and September 30, 1982,".
(9) Section 509(d)(1)
// 42 USC 3188a. //
is amended by striking out "and September 30, 1979," and inserting
in lieu thereof " September 30, 1979, September 30, 1980,
September 30, 1981, and September 30, 1982,". Section 509( d)(2)
is amended by striking out "and September 30, 1979," and inserting
in lieu thereof " September 30, 1979, September 30, 1980,
September 30, 1981, and September 30, 1982,".
(10) Section 905
// 42 USC 3245. //
is amended by striking out "and September 30, 1979." and inserting
in lieu thereof " September 30, 1979, September 30, 1980,
September 30, 1981, and September 30, 1982.".
(11) Section 1007
// 42 USC 3246g. //
is amended by striking out " September 30, 1979." and inserting in
lieu thereof " September 30, 1982.".
Sec. 2. Section 2 of the Act entitled " An Act to amend the Public
Works and Economic Development Act of 1965 to extend the authorizations
for titles I through IV through fiscal year 1971", approved July 6, 1970
(Public Law 91 - 304), // 42 USC 3162 // as amended, is amended by
striking out " September 30, 1979," and inserting in lieu thereof "
September 30, 1982,".
Sec. 3. The Appalachian Regional Development Act of 1965 is amended
as follows:
(1) Section 105(b)
// 40 USC app. 105. //
is amended by striking out the period at the end thereof and
inserting in lieu thereof comma and the following: "and not to
exceed $6,700,000 for the two-fiscal-year period ending September
30, 1981 (of such amount not to exceed $1,100,000 shall be
available for expenses of the Federal cochairman, his alternate,
and his staff), and not to exceed $3,350,000 for the fiscal year
ending September 30, 1982 (of such amount not to exceed $550,000
shall be available for expenses of the Federal cochairman, his
alternate, and his staff).".
(2) Section 106(7)
// 40 USC app. 106. //
is amended by striking out "1979" and inserting in lieu thereof
"1982".
(3) Section 201(g)
// 40 USC app. 201. //
is amended by striking out "and $170,000,000" and inserting in
lieu thereof "$215,000,000" and by inserting before the period at
the end of such section the following: "; and $215,000,000 for
fiscal year 1982".
(4) Section 214(c)
// 40 USC app. 214. //
is amended by striking out "1978" and inserting in lieu thereof
"1980".
(5) Section 401
// 40 USC app. 401. //
is amended by striking out the period at the end thereof and
inserting in lieu thereof a comma and the following: "and
$300,000,000 for the two-fiscal-year period ending September 30,
1981, and $140,000,000 for the fiscal year ending September 30,
1982.".
(6) Section 405
// 40 USC app. 405. //
is amended by striking out "1979" and inserting in lieu thereof
"1982".
Approved December 8, 1980.
LEGISLATIVE HISTORY:
CONGRESSIONAL RECORD, Vol. 126 (1980):
Sept. 26, considered and passed Senate.
Nov. 20, considered and passed House, amended; Senate
concurred in House amendment.
PUBLIC LAW 96-505, 94 STAT. 2743
Alaska Natives from the Alaska
Native Roll and to allow their enrollment with the
Metlakatla Indian Community.
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 " Metlakatla Indian Community Enrollment Act of 1980." //
43 USC 1601 //
Sec. 2. Any Native whose name appears on the Alaska Native Roll
established pursuant to the Alaska Native Claims Settlement Act (85
Stat. 688) who is now or hereafter enrolled by the Metlakatla Indian
Community, and who requests removal of his name from the Alaska Native
Roll on a form approved by the Secretary of the Interior, shall have his
name removed from the roll after receipt by the Secretary of the
properly executed form and verification of his enrollment to the
Metlakatla Indian Community, and shall no longer be entitled to benefits
under the Alaska Native Claims Settlement Act, effective at the
beginning of the next fiscal quarter after such receipt and
verification. The Secretary shall notify the appropriate Native
Corporations of the removal of the name from the roll. A Native who is
or has been enrolled to the Metlakatla Indian Community must make his
request for the removal of his name from the roll within two years after
the date of the enactment of this Act, except that any such Native who
is a minor may make his request any time within two years after he
attains the age of eighteen years. A Native who is not and has not been
enrolled to the Metlakatla Indian Community must make his request at the
time he applies for enrollment to the Metlakatla Indian Community,
except that any such Native who is a minor may make his request any time
within two years after he attains the age of eighteen years.
Sec. 3. Stock previously issued by any Native Corporation
established pursuant to the Alaska Native Claims Settlement Act to any
Native who still retains the stock and whose name is removed from the
Alaska Native Roll hereunder shall, upon the removal of the Native's
name, be canceled by the issuing corporation without liability to it or
to the Native. Stock of any such Native Corporation which is obtained
in any manner, other than by gift or inheritance, and owned by any
Native enrolled to the Metlakatla Indian Community may be canceled by
the issuing corporation upon request of the Native without liability to
it or to the Native.
Sec. 4. Removal of the name of a Native from the Alaska Native Roll
pursuant to the provisions of this Act shall not be construed as
increasing or decreasing regional or village enrollments for purposes of
land entitlements pursuant to the Alaska Claims Settlement Act. // 43
USC 1601 //
Approved December 5, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT: No. 96 - 1405 (Comm. on Interior and Insular Affairs).
CONGRESSIONAL RECORD, Vol. 126 (1980):
Nov. 17, considered and passed House.
Nov. 20, considered and passed Senate.
PUBLIC LAW 96-504, 94 STAT. 2741
discontinue civil service
annuity payments for periods of employment as a justice
or judge of the United
States, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 8344 of
title 5, United States Code, relating to annuities and payment on
reemployment, is amended by adding at the end thereof the following new
subsections:
"(f) Notwithstanding the provisions of subsection (a) of this
section, if an annuitant receiving annuity from the Fund, except a
Member receiving annuity from the Fund, becomes employed as a justice or
judge of the United States, as defined by section 451 of title 28, // 28
U.S.C 451. // annuity payments are discontinued during such employment
and are resumed in the same amount upon resignation or retirement from
regular active service as such a justice or judge.
"(g) A former employee or a former Member who becomes employed as a
justice or judge of the United States, as defined by section 451 of
title 28, may at any time prior to resignation or retirement from
regular active service as such a justice or judge, apply for and be
paid, in accordance with section 8342(a) of this title, // 5 U.S.C.
8342. // the amount (if any) by which the lump-sum credit exceeds the
total annuity paid, notwithstanding the time limitation contained in
such section for filing an application for payment.".
Sec. 2. A present or former justice or judge of the United States,
as defined by section 451 of title 28, United States Code, // 5 U.S.C.
8342 // who, prior to the effective date of this section, voided his
right to receive an annuity under subchapter III of chapter 83 of title
5, United States Code, // 5 U.S.C. 8331. // by applying for and
receiving a refund of his lump-sum credit while serving as such a
justice or judge may, upon application filed with the Office of
Personnel Management within one year following the effective date of
this section, redeposit such refund with interest computed under section
8334(e) of such title 5 // 5 U.S.C. 8334. // and thereby reestablish
his right to receive an annuity under such subchapter effective on the
date he otherwise was eligible to receive an annuity. The surviving
spouse of any such justice or judge who dies before the effective date
of this section may apply to make such redeposit within one year
following the effective date of this section and receive both (1) the
amount of the annuity which the justice or judge would have been
entitled to receive before his death had application been made by him
for the annuity and (2) any survivor annuity the justice or judge could
have provided under the provisions of law in effect at the time of
separation from the service on which title to the annuity is based.
Sec. 3. (a) As of the first pay period beginning after the effective
date of this Act, a surviving spouse, other than a surviving spouse who
has remarried, of any Justice of the United States (as defined by
section 451 of title 28, United States Code), // 28 U.S.C. 376 // who
died before October 19, 1976, shall be paid an annuity in accordance
with the provisions of section 376 of title 28, United States Code, at a
rate of $20,000 per year as if such Justice had elected to come within
the provisions of, and having made the full deposit required by, section
376(d) of title 28, United States Code.
(b) Notwithstanding the provisions of section 376(h) of title 28,
United States Code, such annuity shall be payable as provided in section
376(m) of title 28, United States Code, until the date of the death of
any such spouse.
Sec. 4. (a) The Secretary of the Treasury shall determine, as of the
effective date of this Act, 8 U.S.C. 376 // in consultation with the
Director of the Administrative Office of the United States Courts, the
amount necessary to offset any actuarial deficiency in the Judicial
Survivors' Annuities Fund, and, at the earliest time thereafter at which
appropriated sums in that amount become available, the Secretary shall
deposit such sums in a single payment into such Judicial Survivors'
Annuities Fund.
(b) There are authorized to be appropriated such sums as may be
necessary to carry out this section.
Sec. 5. Section 375 of title 28, United States Code, is repealed.
Sec. 6. (a) The provisions of this Act // 5 U.S.C. 8344 // shall
take effect on--,
(1) the date of the enactment of this Act, or
(2) October 1, 1980,
whichever date is later.
(b) The provisions of subsection (f) of section 8344 of title 5,
United States Code, as added by the first section of this Act, shall
apply only to an individual who becomes employed as a justice or judge
of the United States on or after the effective date of this Act. The
provisions of subsection (g) of such section, as added by the first
section of this Act, shall apply to an individual employed as a justice
or judge of the United States on the effective date of this Act and to
an individual appointed as such a justice or judge on or after such
effective date.
Approved December 5, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 96 - 467, Pt. 1 (Comm. on Post Office and Civil
Service) and No. 96 - 467, Pt. 2 (Comm. on Appropriations).
SENATE REPORT No. 96 - 905 (Comm. on Governmental Affairs).
CONGRESSIONAL RECORD:
Vol. 125 (1979): Oct. 29, considered and passed House.
Vol. 126 (1980): Oct. 1, considered passed Senate, amendments.
Nov. 21, House concurred in Senate amendments.
PUBLIC LAW 96-503, 94 STAT. 2740
continue to furnish protection to
the former Vice President or his spouse.
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the United States Secret
Service, in addition to other duties now provided by law, is authorized
to furnish protection to (a) the person occupying the Office of Vice
President of the United States immediately preceding January 20, 1981,
or (b) his spouse, if the President determines that such person may
thereafter be in significant danger: Provided, however, That protection
of any such person shall continue only for such period as the President
determines and shall not continue beyond July 20, 1981, unless otherwise
permitted by law.
Approved December 5, 1980.
LEGISLATIVE HISTORY:
CONGRESSIONAL RECORD, Vol. 126 (1980):
Nov. 21, considered and passed House and Senate.
PUBLIC LAW 96-502, 94 STAT. 2737
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Section 1. Section 1416(b)(2) of the Public Health Service Act // 42
USC 300g-5. // is amended by striking out "1981" in subparagraph (A)(i)
thereof and substituting "1984" and by striking out "1983" in
subparagraph (B)(i) thereof and substituting "1986".
Sec. 2. (a) Part C of title XIV of the Public Health Service Act is
amended by adding the following at the end thereof:
OR NATURAL
GAS
" Sec. 1425. // 42 USC 300h-4. // (a) For purposes of the
Administrator's approval or disapproval under section 1422 of that
portion // 41 USC 300h-1. // of any State under-ground injection
control program which relates to--,
"(1) the underground injection of brine or other fluids which
are brought to the surface in connection with oil or natural gas
production, or
"(2) any underground injection for the secondary or tertiary
recovery of oil or natural gas,
in lieu of the showing required under subparagraph (A) of section 1422(
b)(1) the State may demonstrate that such portion of the State program
meets the requirements of subpargraph (A) through (D) of section 1421(
b)(1) // 42 USC 300h. // and represents an effective program (including
adequate recordkeeping and reporting) to prevent underground injection
which endangers drinking water sources.
"(b) In the Administrator revises or amends any requirement of a
regulation under section 1421 relating to any aspect of the underground
injection referred to in subsection (a), in the case of that portion of
a State underground injection control program for which the
demonstration referred to in subsection (a) has been made, in lieu of
the showing required under section 1422(b)(1)(B) // 42 USC 300h-1. //
the State may demonstrate that, with respect to that aspect of such
underground injection, the State program meets the requirements of
subparagraphs (A) through (D) of section 1421(b)(1) // 42 USC 300h. //
and represents an effective program (including adequate recordkeeping
and reporting) to prevent underground injection which endangers drinking
water sources.
"(c)(1) Section 1422(b)(3) shall not apply to that portion of any
State underground injection control program approved by the
Administrator pursuant to a demonstration under subsection (a) of this
section (and under subsection (b) of this section where applicable).
"(2) If pursuant to such a demonstration, the Administrator approves
such portion of the State program, the State shall have primary
enforcement responsibility with respect to that portion until such time
as the Administrator determines, by rule, that such demonstration is no
longer valid. Following such a determination, the Administrator may
exercise the authority of subsection (c) of section 1422 // 42 USC
300h-1. // in the same manner as provided in such subsection with
respect to a determination described in such subsection.
"(3) Before promulgating any rule under paragraph (2), the
Administrator shall provide opportunity for public hearing respecting
such rule.".
(b) Section 1423(a)(1) of such Act // 42 USC 300h-2. // is amended
by inserting after "(within the meaning of section 1422(b)(3)" the
following: "or section 1425(c)".
(c) Section 1443(c)(2) of title XIV of the Public Health Service Act
// 42 USC 300j-2. // is amended by inserting the following at the end
thereof: " Such term includes, where applicable, a program which meets
the requirements of section 1425.".
Sec. 3. Section 1421(d)(1) of the Public Health Service Act // 42
USC 300h. // is amended by adding the following at the end thereof: "
Such term does not include the underground injection of natural gas for
purposes of storage.".
Sec. 4. (a) Section 1415 of the Public Health Service Act // 42 USC
300g-4. // is amended by inserting the following section heading at the
beginning of such section: " Variances".
(b) Section 1416(a)(2) of the Public Health Service Act // 42 USC
300g-5. // is amended by inserting immediately after "requirement," the
following: "or, for a system that was not in operation by that date,
only if no reasonable alternative source of drinking water is available
to such new system,".
(c) Section 1421(b)(1)(A) of the Public Health Service Act // 42 USC
300h. // is amended by striking out "effective three years after the
date of the enactment of this title," and inserting in lieu thereof the
following: "effective on the date on which the applicable underground
injection control program takes effect,".
(d) Section 1443(b)(2) of the Public Health Service Act // 42 USC
300j-2. // is amended by striking out the second and thrid sentences
therein and inserting in lieu thereof the following: " No grant may be
made to any State under paragraph (1) unless the State has assumed
primary enforcement responsibility within two years after the date the
Administrator promulgates regulations for State underground injection
control programs under section 1421.".
Sec. 5. Section 1442 of title XIV of the Public Health Service Act
// 42 USC 300j-1. // is amended by inserting the following new
subsection after subsection (d) and by redesignating subsection (e) as
(f):
"(e) The Administrator is authorized to make grants to a public water
system which is required, under State or local law, to meet standards
relating to drinking water turbidity which are more stringent than the
standards in effect pursuant to this title. Such grants shall be used
by the public water system for the development and demonstration
(including construction and installation) of any water filtration system
which will demonstrate a new or improved method of meeting such more
stringent standards.".
Approved December 5, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 1348 (Comm. on Interstate and Foregin
Commerce).
CONGRESSIONAL RECORD, Vol. 126 (1980):
Sept. 22, 23, considered and passed House.
Nov. 19, considered and passed Senate.
PUBLIC LAW 96-501, 94 Stat. 2697, PACIFIC NORTHWEST ELECTRIC POWER
PLANNING AND CONSERVATION ACT.
Northwest through use of the
Federal Columbia River Power System to achieve
cost-effective energy conservation
to encourage the development of renewable energy
resources, to establish a
representative regional power planning process, to
assure the region of an efficient
and adequate power supply, and for other purposes.
Be it enacted by the Senate and House of Representative of the United
States of America in Congress assembled,
Section 1. // 16 USC 839 // This Act, together with the following
table of contents, may be cited as the " Pacific Northwest Electric
Power Planning and Conservation Act".
Sec. 1. Short title and table of contents.
Sec. 2. Purposes.
Sec. 2. Purposes.
Sec. 4. Regional planning and participation.
Sec. 5. Sale of power.
Sec. 6. Conservation and resource acquisition.
Sec. 7. Rates.
Sec. 8. Amendments to existing law.
Sec. 9. Administrative provisions.
Sec. 10. Savings provisions.
Sec. 11. Effective date.
Sec. 12. Severability.
Sec. 2. // 16 USC 839. // The purposes of this Act, together with
the provisions of other laws applicable to the Federal Columbia River
Power System, are all intended to be construed in a consistent manner.
Such purposes are also intended to be construed in a manner consistent
with applicable environmental laws. Such purposes are:
(1) to encourage, through the unique opportunity provided by
the Federal Columbia River Power System--,
power,
and
(2) to assure the Pacific Northwest of an adequate, efficient,
economical, and reliable power supply;
(3) to provide for the participation and consultation of the
Pacific Northwest States, local governments, consumers, customers,
users of the Columbia River System (including Federal and State
fish and wildlife agencies and appropriate Indian tribes), and the
public at large within the region in--,
other
resources, and protecting, mitigating, and enhancing
fish
and wildlife resources,
power
system, and
(4) to provide that the customers of the Bonneville Power
Administration and their consumers continue to pay all costs
necessary to produce, transmit, and conserve resources to meet the
region's electric power requirements, including the amortization
on a current basis of the Federal investment in the Federal
Columbia River Power System;
(5) to insure, subject to the provisions of this Act--,
and
local governments, electric utility systems, water
management
agencies, and other non-Federal entities for the
regulation,
planning, conservation, supply, distribution, and use of
electric power shall be construed to be maintained, and
construed to
limit or restrict the ability of customers to take
actions in
accordance with other applicable provisions of Federal
or
State law, including, but not limited to, actions to
plan,
develop, and operate resources and to achieve
conservation,
without regard to this Act; and
(6) to protect, mitigate and enhance the fish and wildlife,
including related spawning grounds and habitat, of the Columbia
River and its tributaries, particularly anadromous fish which are
of significant importance to the social and economic well-being of
the Pacific Northwest and the Nation and which are dependent on
suitable environmental conditions substantially obtainable from
the management and operation of the Federal Columbia River Power
System and other power generating facilities on the Columbia River
and its tributaries.
Sec. 3. // 16 USC 839a. // As used in this Act, the term--,
(1) " Acquire" and "acquisition" shall not be construed as
authorizing the Administrator to construct, or have ownership of,
under this Act or any other law, any electric generating facility.
(2) " Administrator" means the Administrator of the Bonneville
Power Administration.
(3) " Conservation" means any reduction in electric power
consumption as a result of increases in the efficiency of energy
use, production, or distribution.
(4)(A) " Cost-effective", when applied to any measure or
resource referred to in this Act, means that such measure or
resource must be forecast--,
needed,
and
appropriate,
of the consumers of the customers at an estimated
incremental system cost no greater than that of the
leastcost
similarly reliable and available alternative measure or
resource, or any combination thereof.
(B For purposes of this paragraph, the term "system cost" means
an estimate of all direct costs of a measure or resource over its
effective life, including, if applicable, the cost of distribution
and transmission to the consumer and, among other factors, waste
disposal costs, end-of-cycle costs, and fuel costs (including
projected increases), and such quantifiable environmental costs
and benefits as the Administrator determines, on the basis of a
methodology developed by the Council as part of the plan, or in
the absence of the plan by the Administrator, are directly
attributable to such measure or resource.
(C) In determining the amount of power that a conservation
measure or other resource may be expected to save or to produce,
the Council or the Administrator, as the case may be, shall take
into account projected realization factors and plant factors,
including appropriate historical experience with similar measures
or resources.
(D) For purposes of this paragraph, the "estimated incremental
system cost" of any conservation measure or resource shall not be
treated as greater than that of any nonconservation measure or
resource unless the incremental system cost of such conservation
measure or resource is in excess of 110 per centum of the
incremental system cost of the nonconservation measure or
resource.
(5) " Consumer" means any end user of electric power.
(6) " Council" means, unless otherwise specifically provided,
the members appointed to the Pacific Northwest Electric Power and
Conservation Planning Council established pursuant to section 4.
(7) " Customer" means anyone who contracts for the purchase of
power from the Administrator pursuant to this Act.
(8) " Direct service industrial customer" means an industrial
customer that contracts for the purchase of power from the
Administrator for direct consumption.
(9) Electric power" means electric peaking capacity, or
electric energy, or both.
(10) " Federal base system resources" means--,
hydroelectric
projects;
long-term
contracts in force on the effective date of this Act;
and
resources
referred to in subparagraphs (A) and (B) of this
paragraph.
(11) " Indian tribe" means any Indian tribe or band which is
located in whole or in part in the region and which has a
governing body which is recognized by the Secretary of the
Interior.
(12) " Major resource" means any resource that--,
Such term does not include any resource acquired pursuant to
section 11(b)(6) of the Federal Columbia River Transmission System
Act.
// 16 USC 838i. //
(13) " New large single load" means any load associated with a
new facility, an existing facility, or an expansion of an existing
facility--,
cooperative,
investor-owned utility, or Federal agency customer
prior to September 1, 1979, and
requirements
of such customer of ten average megawatts or more in any
consecutive twelve-month period.
(14) " Pacific Northwest", "region", or "regional" means--,
Washington,
and Idaho, the portion of the State of Montana west
of
the Continental Divide, and such portions of the
States of
Nevada, Utah, and Wyoming as are within the Columbia
River drainage basin; and
air
miles from the area referred to in subparagraph (A),
which
are a part of the service area of a rural electric
cooperative
customer served by the Administrator on the effective
date
of this Act which has a distribution system from which
it
serves both within and without such region.
(15) " Plan" means the Regional Electric Power and Conservation
plan (including any amendments thereto) adopted pursuant to this
Act and such plan shall apply to actions of the Administrator as
specified in this Act.
(16) " Renewable resource" means a resource which utilizes
solar, wind, hydro, geothermal, biomass, or similar sources of
energy and which either is used for electric power generation or
will reduce the electric power requirements of a consumer,
including by direct application.
(17) " Reserves" means the electric power needed to avert
particular planning or operating shortages for the befefit of firm
power customers of the Administrator and available to the
Administrator (A) from resources or (B) from rights to interrupt,
curtail, or otherwise withdraw, as provided by specific contract
provisions, portions of the electric power supplied to customers.
(18) " Residential use" or "residential load" means all usual
residential, apartment, seasonal dwelling and farm electrical
loads or uses, but only the first four hundred horsepower during
any monthly billing period of farm irrigation and pumping for any
farm.
(19) " Resource" means--,
electric
power capability of generating facilities, or
direct
application of a renewable energy resource by a
consumer,
or from a conservation measure.
(20) " Secretary" means the Secretary of Energy.
Sec. 4. // 16 USC 839b. // (a)(1) The purposes of this section are
to provide for the prompt establishment and effective operation of the
Pacific Northwest Electric Power and Conservation Planning Council, to
further the purposes of this Act by the Council promptly preparing and
adopting (A) aregional conservation and electric power plan and (B) a
program to protect, mitigate, and enhance fish and wildlife, and to
otherwise expeditiously and effectively carry out the Council's
responsibilities and functions under this Act.
(2) To achieve such purjposes and facilitate cooperation among the
States of Idaho, Montana, Oregon, and Washington, and with the
Bonneville Power Administration, the consent of Conress is given for an
agreement described in this paragraph and not of Congress is given this
Act, pursunat to which--,
(A) there shall be established a regional agency known as the "
Pacific Northwest Electric Power and Conservation Planning
Council" which (i) shall have its offices in the Pacific
Northwest, (ii) shall carry out its functions and responsibilities
in accordance with the provisions of this Act, (iii) shall
continue in force and effect in accordance with the provisions of
this Act, and (iv) except as otherwise provided in this Act, shall
not be considered an agency or instrumentality of the United
States for the purpose of any Federal law; and
(B) two persons from each State may be appointed, subject to
the applicable laws of each such State, to undertake the functions
and duties of members of the Council.
The State may fill any vacancy occurring prior to the expiration of the
term of any member. The appointment of six initial members, subject to
applicable State law, by June 30, 1981, by at least three of such States
shall constitue an agreement by the States establishing the Council and
such agreement is hereby consented to by the Congress. Upon request of
the Governors of two of the States, the Secretary shall extend the June
30, 1981, date for six additional months to provide more time for the
States to make such appointments.
(3) Except as otherwise provided by State law, each member appointed
to the Council shall serve for a term of three years, except that, with
respect to members initially appointed, each Governor shall designate
one member to serve a term of two years and one member to serve a term
of three years. The members of the Council shall select from among
themselves a chairman. The members and officers and employees of the
Council shall not be deemed to be officers or employees of the United
States for any purpose. The Council shall appoint, fix compensation,
and assign and delegate duties to such executive and additional
personnel as the Council deems necesary to fulfill its functions under
this Act, taking into account such information and analyses as are, or
are likely to be, available from other sources pursuant to provisions of
this Act. The compensation of the members shall be fixed by State law.
The compensation of the members and officers shall not exceed the rate
prescribed for Federal officers and positions at step 1 of level GS - 18
of the General Schedule. // 45 FR 69201. //
(4) For the purpose of providing a uniform system of laws, in
addition to this Act, applicable to the Council relating to the making
of contracts, conflicts-of-interest, financial disclosure, open meetings
of the Council, advisory committees, disclosure of information, judicial
review of Council functions and actions under this Act, and related
matters, the Federal laws applicable to such matters in the case of the
Bonneville Power Administration shall apply to the Council to the extent
appropriate, except that with respect to open meetings, the Federal laws
applicable to open meetings in the case of the Federal Energy Regulatory
Commission shall apply to the Council to the extent appropriate. In
applying the Federal laws applicable to financial disclosure under the
preceding sentence, such laws shall be applied to members of the Council
without regard to the duration of their service on the Council or the
amount of compensation received for such service. No contract,
obligation, or other action of the Council shall be construed as an
obligation of the United States or an obligation secured by the full
faith and credit of the United States. For the purpose of judicial
review of any action of the Council or challenging any provision of this
Act relating to functions and responsibilities of the Council,
notwithstanding any other provision of law, the courts of the United
States shall have exclusive jurisdiction of any such review.
(b)(1) If the Council is not established and its members are not
timely appointed in accordance with subsection (a) of this section, or
if, at any time after such Council is established and its members are
appointed in accordance with subsection (a)--,
(A) any provision of this Act relating to the establishment of
the Council or to any substantial function or responsibility of
the Council (including any function or responsibility under
subsection (d) or (h) of this section or under section 6(c) of
this Act) is held to be unlawful by a final determination of any
Federal court, or
(B) the plan or any program adopted by such Council under this
section is held by a final determination of such a court to be
ineffective by reason of subsection (a)(2)(B),
the Secretary shall establish the Council pursuant to this subsection as
a Federal agency. The Secretary shall promptly publish a notice thereof
in the Federal Register and notify the Governors of each of the States
referred to in subsection (a) of this section.
(2) As soon as practicable, but not more than thirty days after the
publication of the notice referred to in paragraph (1) of this
subsection and thereafter within forty-five days after a vacancy occurs,
the Governors of the States of Washington, Oregon, Idaho, and Montana
may each (under applicable State laws, if any) provide to the Secretary
a list of nominations from such State for each of the State's positions
to be selected for such Council. The Secretary may extend this timean
additional thirty days. The list shall include at least two persons for
each such position. The list shall include such information about such
nominees as the Secretary may request. The Secretary shall appoint the
Council members from each Governor's list of nominations for each
State's positions, except that the Secretary may decline to appoint for
any reason any of a Governor's nominees for a
position and shall so notify the Governor. The Governor may
thereafter make successive nominations within forty-five days of receipt
of such notice until nominees acceptable to the Secretary are appointed
for each position. In the event the Governor of any such State fails to
make the required nominations for any State position on such Council
within the time specified for such nominations, the Secretary shall
select from such State and appoin the Council member or members for such
position. The members of the Council shall select from among themselves
one member of the Council as Chairman.
(3) The members of the Council established by this subsection who are
not employed by the United States or a State shall receive compensation
at a rate equal to the rate prescribed for offices and positions at
level GS - 18 of the General Schedule // 45 FR 69201. // for each day
such members are engaged in the actual performance of duties as members
of such Council, except that no such member may be paid more in any
calendar year than an officer or employee at step 1 of level GS - 18 is
paid during such year. Members of such Council shall be considered
officers or employees of the United States for purposes of title ii of
the Ethics in Government Act of 1978 (5 U.S.C. app.) and shall also be
allowed travel expenses, including per diem in lieu of subsistence, in
the same manner as persons employed intermittently in Government service
are allowed expenses under section 5703 of title 5 of the United States
Code. Such Council may appoint, and assign duties to, an executive
director who shall serve at the pleasure of such Council and who shall
be compensated at the rate established for GS - 18 of the General
Schedule. The executive director shall exercise the powers and duties
delegated to such director by such Council, including the power to
appoint and fix compensation of additional personnel in accordance with
applicable Federal law to carry out the functions and responsibilities
of such Council.
(4) When a Council is established under this subsection after a
Council was established pursuant to subsection (a) of this section, the
Secretary shall provide, to the greatest extent feasible, for the
transfer to the Council established by this subsection of all funds,
books, papers, documents, equipment, and other matters in order to
facilitate the Council's capability to achieve the requirements of
subsections (d) and (h) of this section. In order to carry out its
functions and responsibilities under this Act expeditiously, the Council
shall take into consideration any actions of the Council under
subsection (a) and may review, modify, or confirm such actions without
further proceedings.
(5)(A) At any time beginning one uear after the plan referred to in
such subsection (d) and the program referred to in such subsection (h)
of this section are both finally adopted in accordance with this Act,
the Council established pursuant to this subsection shall be terminated
by the Secretary 90 days after the Governors of three of the States
referred to in this subsection jointly provide for any reason to the
Secretary a written request for such termination. Except as provided in
subparagraph (B), upon such termination all functions and
responsibilities of the Council under this Act shall also terminate.
(B) Upon such termination of the Council, the functions and
responsibilities of the Council set forth in subsection (h) of this
section shall be transferred to, and continue to be funded and carried
out, jointly, by the Administrator of the Secretary of Interior, and the
Administtrator of the National Marine Fisheries Service, in the same
manner and to the same extent as required by such subsection and in
cooperation with the Federal and the region's State fish and wildlife
agencies and Indian tribes referred to in subsection (h) of this section
and the Secretary shall provide for the transfer to them of all records,
books, documents, funds, and personnel of such Council that relate to
subsection (h) matters. In order to carry out such functions and
responsibilities expeditiously, the Administrator, the Secretary, of the
Interior, and the Administrator of the National Marine Fisheries Service
shall take into consideration any actions of the Council under this
subsection, and may review, modify, or confirm such actions without
further proceedings. In the event the Council is terminated pursuant to
this paragraph, whenever any action of the Administrator requires any
approval or other action by the Council, the Administrator may take such
action without such approval or action, except that the Administrator
may not implement any proposal to acquire a major generating resource or
to grant billing credits involving a major generating resource until the
expenditure of funds for that purpose is specifically authorized by Act
of Congress enacted after such termination.
(c)(1) The provisions of this subsection shall, except as
specifically provided in this subsection, apply to the Council
established pursuant to either subsection (a) or (b) of this section.
(2) A majority of the members of the Council shall constitute a
quorum. Except as otherwise provided specifically in this Act, all
actions and decisions of the Council shall be by majority vote of the
members present and voting. The plan or any part thereof and any
amendment thereto shall not be approved unless such plan or amendment
receives the votes of--,
(A) a majority of the members appointed to the Council,
including the vote of at least one member from each State with
members on the Council; or
(B) at least six members of the Council.
(3) The Council shall meet at the call of the Chairman or upon the
request of any three members of the Council. If any member of the
Council disagrees with respect to any matter transmitted to any Federal
or State offical or any other person or wishes to express additional
views concerning such matter, such member may submit a statement to
accompany such matter setting forth the reasons for such disagreement or
views.
(4) The Council shall determine its organization and prescribe its
practices and procedures for carrying out its functions and
responsibilities under this Act. The Council shall make available to
the public a statement of its organization, practices, and procedures,
and make available to the public its annual work program budget at the
time the President submits his annual budget to Congress.
(5) Upon request of the Council established pursuant to subsection
(b) of this section, the head of any Federal agency is authorized to
detail or assign to the Council, on a reimbursable basis, any of the
personnel of such agency to assist the Council in the performance of its
functions under this Act.
(6) At the Council's request, the Administrator of the General
Services Administration shall furnish the Council established pursuant
to subsection (b) of this section with such offices, equipment,
supplies, and services in the same manner and to the sam extent as such
Administrator is authorized to furnish to any other Federal agency or
instrumentality such offices, supplies, equipment, and services.
(7) Upon the request of the Congress or any committee thereof, the
Council shall promptly provide to the Congress, or to such committee,
any record, report, document, material, and other information which is
in the possession of the Council.
(8) To obtain such information and advice as the Council determines
to be necessary or appropriate to carry out its functions and
responsibilities pursuant to this Act, the Council shall, to the
greatest extent practicable, solicit engineering, economic, social,
environmental, and other technical studies from customers of the
Administrator and from other bodies or organizations in the region with
particular expertise.
(9) The Administrator and other Federal agencies, to the extent
authorized by other provisions of law, shall furnish the Council all
information requested by the Council as necessary for performance of its
functions, subject to such requirements of law concerning trade secrets
and proprietary data as may be applicable.
(10)(A) At the request of the Council, the Administrator shall pay
from funds available to the Administrator the compensation and other
expenses of the Council as are authorized by this Act, including the
reimbursement of those States with members on the Council for services
and personnel to assist in preparing a plan pursuant to subsection (d)
and a program pursuant to subsection (h) of this section, as the Council
determines are necessary or appropriate for the performance of its
functions and responsibilities. Such payments shall be included by the
Administrator in his annual budgets submitted to Congress pursuant to
the Federal Columbia River Transmission System Act // 16 USC 838 // and
shall be subject to the requirements of the Act, including the audit
requirements of section 11(d) of such Act. The records, reports, and
other documents of the Council shall be available to the Comptroller
General for review in connection with such audit or other review and
examination by the Comptroller General pursuant to other provisions of
law applicable to the Comptroller General. Funds provided by the
Administrator for such payments shall not exceed annually an amount
equal to 0.02 mill multiplied by the kilowatt hours of firm power
forecast to be sold by the Administrator during the year to be funded.
In order to assist the Council's initial organization, the Administrator
after the enactment of this Act shall promptly prepare and propose an
amended annual budget to expedite payment for Council activities.
(B) Notwithstanding the limitation contained in the fourth sentence
of subparagraph (A) of this paragraph, upon an annual showing by the
Council that such limitation will not permit the Council to carry out
its functions and responsibilities under this Act the Administrator may
raise such limit up to any amount not in excess of 0.10 mill multiplied
by the kilowatt hours of firm power forecast to be sold by the
Administrator during the year to be funded.
(11) The Council shall establish a voluntary scientific and
statistical advisory committee to assist in the development, collection,
and evaluation of such statistical, biological, economic, social,
environmental, and other scientific information as is relevant to the
Council's development and amendment of a regional conservation and
electric power plan.
(12) The Council may establish such other voluntary advisory
committees as it determines are necessary or appropriate to assist it in
carrying out its functions and responsibilities under this Act.
(13) The Council shall ensure that the membership for any advisory
committee established or formed pursuant to this section shall, to the
extent feasible, include representatives of, and seek the advice of, the
Federal, and the various regional, State, local, and Indian Tribal
Governments, consumer groups, and customers.
(d)(1) Within two years after the Council is established and the
members are appointed pursuant to subsection (a) or (b) of this section,
the Council shall prepare, adopt, and promptly transmit to the
Administrator a regional conservation and electric power plan. The
Adopted plan, or any portion thereof, may be amended from time to time,
and shall be reviewed by the Council not less frequently than once every
five years. Prior to such adoption, public hearings shall be held in
each Council member's State on the plan or substantial, nontechnical
amendments to the plan proposed by the Council for adoption. A public
hearing shall also be held in any other State of the region on the plan
or amendments thereto, if the Council determines that the plan or
amendments would likely have a substantial impact on that State in terms
of major resources which may be developed in that State and which the
Administrator may seek to acquire. Action of the Council under this
subsection concerning such hearings shall be subject to section 553 of
title 5, United States Code and such procedures as the Council shall
adopt.
(2) Following adoption of the plan and any amendment thereto, all
actions of the Administrator pursuant to section 6 of this Act shall be
consistent with the plan and any amendment thereto, except as otherwise
specifically provided in this Act.
(e)(1) The plan shall, as provided in this paragraph, give priority
to resources which the Council determines to be cost-effective.
Priority shall be given: first, to conservation; second, to renewable
resources; third, to generating resources utilizing waste heat or
generating resources of high fuel conversion efficiency; and fourth, to
all other resources.
(2) The plan shall set forth a general scheme for implementing
conservation measures and developing resources pursuant to section 6 of
this Act to reduce or meet the Administrator's obligations with due
consideration by the Council for (A) environmental quality, (B)
compatibility with the existing regional power system, (C) protection,
mitigation, and enhancement of fish and wildlife and related spawning
grounds and habitat, including sufficient quantities and qualities of
flows for successful migration, survival, and propagation of anadromous
fish, and (D) other criteria which may be set forth in the plan.
(3) To accomplish the priorities established by this subsection, the
plan shall include the following elements which shall be set forth in
such detail as the Council determines to be appropriate:
(A an energy conservation program to be implemented under this
Act, including, but not limited to, model conservation standards;
(B) recommendation for research and development;
(C) A methodology for determining quantifiable environmental
costs and benefits under section 3(4);
(D) a demand forecast of at least twenty years (developed in
consultation with the Administrator, the customers, the States,
including State agencies with ratemaking authority over electric
utilities, and the public, in such a manner as the Council deems
appropriate) and a forecast of power resources estimated by the
Council to be required to meet the Administrator's obligations and
the portion of such obligations the Council determines can be met
by resources in each of the priority categories referred to in
paragraph (1) of this subsection which forecast (i) shall include
regional reliability and reserve requirements, (ii) shall take
into account the effect, if any, of the requirements of subsection
(h) on the availability of resources to the Administrator, and
(iii) shall include the approximate amounts of power the Council
recommends should be acquired by the Administrator on a long-term
basis and may include, to the extent practicable, an estimate of
the types of resources from which such power should be acquired;
(E) an analysis of reserve and reliabity requirements and
cost-effective methods of providing reserves designed to insure
adequate electric power at the lowest probable cost;
(F) the program adopted pursuant to subsection (h); and
(G) if the Council recommends surcharges pursuant to subsection
(f) of this section, a methodology for calculating such
surcharges.
(4) The Council, taking into consideration the requirement that it
devote its principal efforts to carrying out its responsibilities under
subsections (d) and (h) of this section, shall undertake studies of
conservation measures reasonably available to direct service industrial
customers and other major consumers of electric power within the region
and make an analysis of the estimated reduction in energy use which
would result from the implementation of such measures as rapidly as
possible, consistent with sound business practices. The Council shall
consult with such customers and consumers in the conduct of such
studies.
(f)(1) Model conservation standards to be included in the plan shall
include, but not be limited to, standards applicable to (A) new and
existing structures, (B) utility, customer, and governmental
conservation programs, and (C) other consumer actions for achieving
conservation.
Model conservation standards shall reflect geographic and climatic
differences within the region and other appropriate considerations, and
shall be designed to produce all power savings that are cost-effective
for the region and economically feasible for consumers, taking into
account financial assistance made available to consumers under section
6(a) of this Act. These model conservation standards shall be adopted
by the Council and included in the plan after consultation, in such
manner as the Council deems appropriate, with the Administrator, States,
and political subdivisions, customers of the Administrator, and the
public.
(2) The Council by a majority vote of the members of the Council is
authorized to recommend to the Administrator a surcharge and the
Administrator may thereafter impose such a surcharge, in accordance with
the methodology provided in the plan, on customers for those portions of
their loads within the region that are within States or political
subdivisions which have not, or on the Administrator's customers which
have not, implemented conservation measures that achieve energy savings
which the Administrator determines are comparable to those which would
be obtained under such standards. such surcharges shall be established
to recover such additional costs as the Administrator determines will be
incurred because such projected energy savings attributable to such
conservation measures have not been achieved, but in no case may such
surcharges be less than 10 per centum or more than 50 per centum of the
Administrator's applicable rates for such load or portion thereof.
(g)(1) To insure widespread public invlvement in the formulation of
regional power policies, the Council and Administrator shall maintain
comprehensive programs to--,
(A) inform the Pacific Northwest public of major regional power
issues,
(B) obtain public views concerning major regional power issues,
and
(C) secure advice and consultation from the Administrator's
customers and others.
(2) In carrying out the provisions of this section, the Council and
the Administrator shall--,
(A) consult with the Administrator's customers;
(B) include the comments of such customers in the record of the
Council's proceedings; and
(C) recognize and not abridge the authorities of State and
local governments, electric utility systems, and other non-Federal
entities responsible to the people of the Pacific Northwest for
the planning, conservation, supply, distribution, and use of
electric power and the operation of electric generating
facilities.
(3) In the preparation, adoption, and implementation of the plan, the
Council and the Administrator shall encourage the cooperation,
participation, and assistance of appropriate Federal agencies, State
entities, State political subdivisions, and Indian tribes. The Council
and the Administrator are authorized to contract, in accordance with
applicable law, with such agencies, entities, tribes, and subdivisions
individually, in groups, or through associations thereof to (A)
investigate possible measures to be included in the plan, (B) provide
public involvement and information regarding a proposed plan or
amendment thereto, and (C) provide services which will assist in the
implementation of the plan. In order to assist in the implementation of
the plan, particularly conservation, renewable resource, and fish and
wildlife activities, the Administrator, when requested and subject to
available funds, may provide technical assistance in establishing
conservation, renewable resource, and fish and wildlife objectives by
individual States or subdivisions thereof or Indian tribes. Such
objectives, if adopted by a State or subdivision thereof or Indian
tribes, may be submitted to the Council and the Administrator for
review, and upon approval by the Council, may be incorporated as part of
the plan.
(h)(1)(A) The Council shall promptly develop and adopt, pursuant to
this subsection, a program to protect, mitigate, and enhance fish and
wildlife, including related spawning grounds and habitat, on the
Columbia River and its tributaries. Because of the unique history,
problems, and opportunities presented by the development and operation
of hydroelectric facilities on the Columbia River and its tributaries,
the program, to the greatest extent possible, shall be designed to deal
with that river and its tributaries as a system.
(B) This subsection shall be applicable solely to fish and wildlife,
including related spawning grounds and habitat, located on the Columbia
River and its tributaries. Nothing in this subsection shall alter,
modify, or affect in any way the laws applicable to rivers or river
systems, including electric power facilities related thereto, other than
the Columbia River and its tributaries, or affect the rights and
obligations of any agency, entity, or person under such laws.
(2) The Council shall request, in writing, promptly after the Council
is established under either section 4(a) or 4(b) of this Act and prior
to the development or review of the plan, or any major revision thereto,
from the Federal, and the region's State, fish and wildlife agencies and
from the region's appropriate Indian tribes, recommendations for--,
(A) measures which can be expected to be implemented by the
Administrator, using authorities under this Act and other laws,
and other Federal agencies to protect, mitigate, and enhance fish
and wildlife, including related spawning grounds and habitat,
affected by the development and operation of any hydroelectric
project on the Columbia River and its tributaries;
(B) establishing objectives for the development and operation
of such projects on the Columbia River and its tributaries in a
manner designed to protect, mitigate, and enhance fish and
wildlife; and
(C) fish and wildlife management coordination and research and
development (including funding) which, among other things, will
assist protection, mitigation, and enhancement of anadromous fish
at, and between, the region's hydroelectric dams.
(3) Such agencies and tribes shall have 90 days to respond to such
request, unless the Council extends the time for making such
recommendations.
The Federal, and the region's, water management agencies, and the
region's electric power producing agencies, customers, and public may
submit recommendations of the type referred to in paragraph (2) of this
subsection. All recommendations shall be accompanied by detailed
information and data in support of the recommendations.
(4)(A) The Council shall give notice of all recommendations and shall
make the recommendations and supporting documents available to the
Administrator, to the Federal, and the region's, State fish and wildlife
agencies, to the appropriate Indian tribes, to Federal agencies
responsible for managing, operating, or regulating hydroelectric
facilities located on the Columbia River or its tributaries, and to any
customer or other electric utility which owns or operates any such
facility. Notice shall also be given to the public. Copies of such
recommendations and supporting documents shall be made available for
review at the offices of the Council and shall be available for
reproduction at reasonable cost.
(B) The Council shall provide for public participation and comment
regarding the recommendations and supporting documents, including an
opportunity for written and oral comments, within such reasonable time
as the Council deems appropriate.
(5) The Council shall develop a program on the basis of such
recommendations, supporting documents, and views and information
obtained through public comment and participation, and consultation with
the agencies, tribes, and customers referred to in subparagraph (A) of
paragraph (4). The program shall consist of measures to protect,
mitigate, and enhance fish and wildlife affected by the development,
operation, and management of such facilities while assuring the Pacific
Northwest an adequate, efficient, economical, and reliable power supply.
Enhancement measures shall be included in the program to the extent
such measures are designed to achieve improved protection and
mitigation.
(6) The Council shall include in the program measures which it
determines, on the basis set forth in paragraph (5), will--,
(A) complement the existing and future activities of the
Federal and the region's State fish and wildlife agencies and
appropriate Indian tribes;
(B) be based on, and supported by, the best available
scientific knowledge;
(C) utilize, where equally effective alternative means of
achieving the same sound biological objective exist, the
alternative with the minimum economic cost;
(D) be consistent with the legal rights of appropriate Indian
tribes in the region; and
(E) in the case of anadromous fish--,
hydroelectric
facilities located on the Columbia River system; and
migration,
and survival of such fish as necessary to meet sound
biological
objectives.
(7) The Council shall determine whether each recommendation received
is consistent with the purposes of this Act. In the event such
recommendations are inconsistent with each other, the Council, in
consultation with appropriate entities, shall resolve such inconsistency
in the program giving due weight to the recommendations, expertise, and
legal rights and responsibilities of the Federal and the region's State
fish and wildlife agencies and appropriate Indian tribes. If the
Council does not adopt any recommendation of the fish and wildlife
agencies and Indian tribes as part of the program or any other
recommendation, it shall explain in writing, as part of the program, the
basis for its finding that the adoption of such recommendation would
be--,
(A) inconsistent with paragraph (5) of this subsection;
(B) inconsistent with paragraph (6) of this subsection; or
(C) less effective than the adopted recommendations for the
protection, mitigation, and enhancement of fish and wildlife.
(8) The Council shall consider, in developing and adopting a program
pursuant to this subsection, the following principles:
(A) Enhancement measures maybe used, in appropriate
circumstances, as a means of achieving offsite protection and
mitigation with respect to compensation for losses arising from
the development and operation of the hydroelectric facilities of
the Columbia River and its tributaries as a system.
(B) Consumers of electric power shall bear the cost of measures
designed to deal with adverse impacts caused by the development
and operation of electric power facilities and programs only.
(C) To the extent the program provides for coordination of its
measures with additional measures (including additional
enhancement measures to deal with impacts caused by factors other
than the development and operation of electric power facilities
and programs), such additional measures are to be implemented in
accordance with agreements among the appropriate parties providing
for the administration and funding of such additional measures.
(D) Monetary costs and electric power losses resulting from the
implementation of the program shall be allocated by the
Administrator consistent with individual project impacts and
system-wide objectives of this subsection.
(9) The Council shall adopt such program or amendments thereto within
one year after the time provided for receipt of the recommendations.
Such program shall also be included in the plan adopted by the Council
under subsection (d).
(10)(A) The Administrator shall use the Bonneville Power
Administration fund and the authorities available to the Administrator
under this Act and other laws administered by the Administrator to
protect, mitigate, and enhance fish and wildlife to the extent affected
by the development and operation of any hydroelectric project of the
Columbia River and its tributaries in a manner consistent with the plan,
if in existence, the program adopted by the Council under this
subsection, and the purposes of this Act. Expenditures of the
Administrator pursuant to this paragraph shall be in addition to, not in
lieu of, other expenditures authorized or required from other entities
under other agreements or provisions of law.
(B) The Administrator may make expenditures from such fund which
shall be included in the annual or supplementary budgets submitted to
the Congress pursuant to the Federal Columbia River Transmission System
Act. // 16 USC 838 // Any amounts included in such budget for the
construction of capital facilities with an estimated life of greater
than 15 years and an estimated cost of at least $1,000,000 shall be
funded in the same manner and in accordance with the same procedures as
major transmission facilities under the Federal Columbia River
Transmission System Act.
(C) The amounts expended by the Administrator for each activity
pursuant to this subsection shall be allocated as appropriate by the
Administrator, in consultation with the Corps of Engineers and the Water
and Power Resources Service, among the various hydroelectric projects of
the Federal Columbia River Power System. Amounts so allocated shall be
allocated to the various project purposes in accordance with existing
accounting procedures for the Federal Columbia River Power System.
(11)(A) The Administrator and other Federal agencies responsible for
managing, operating, or regulating Federal or non-Federal hydroelectric
facilities located on the Columbia River or its tributaries shall--,
(i) exercise such responsibilities consistent with the purposes
of this Act and other applicable laws, to adequately protect,
mitigate, and enhance fish and wildlife, including related
spawning
grounds and habitat, affected by such projects or facilities in a
manner that provides equitable treatment for such fish and
wildlife with the other purposes for which such system and
facilities are managed and operated;
(ii) exercise such responsibilities, taking into account at
each relevant state of decisionmaking processes to the fullest
extent practicable, the program adopted by the Council under this
subsection. If, and to the extent that, such other Federal
agencies as a result of such consideration impose upon any
non-Federal electric power project measures to protect, mitigate,
and enhance fish and wildlife which are not attributable to the
development and operation of such project, then the resulting
monetary costs and power losses (if any) shall be borne by the
Administrator in accordance with this subsection.
(B) The Administrator and such Federal agencies shall consult with
the Secretary of the Interior, the Administrator of the National Marine
Fisheries Service, and the State fish and wildlife agencies of the
region, appropriate Indian tribes, and affected project operators in
carrying out the provisions of this paragraph and shall, to the greatest
extent practicable, coordinate their actions.
(12)(A) Beginning on October 1 of the first fiscal year after all
members to the Council are appointed initially, the Council shall submit
annually a detailed report to the Committe on Energy and Natural
Resources of the Senate and to the Committees on Interstate and Foreign
Commerce and on Interior and Insular Affairs of the House of
Representatives. The report shall describe the actions taken and to be
taken by the Council under this Act, including this subsection, the
effectiveness of the fish and wildlife program, and potential revisions
or modifications to the program to be included in the plan when adopted.
At least ninety days prior to its submission of such report, the
Council shall make available to such fish and wildlife agencies, and
tribes, the Administrator and the customers a draft of such report. The
Council shall establish procedures for timely comments thereon. The
Council shall include as an appendix to such report such comments or a
summary thereof.
(B) The Administrator shall keep such committees fully and currently
informed of the actions taken and to be taken by the Administrator under
this Act, including this subsection.
(i) The Council may from time to time review the actions of the
Administrator pursuant to sections 4 and 6 of this Act to determine
whether such actions are consistent with the plan and programs, the
extent to which the plan and programs is being implemented, and to
assist the Council in preparing amendments to the plan and programs.
(j)(1) The Council may request the Administrator to take an action
under section 6 to carry out the Administrator's responsibilities under
the plan.
(2) To the greatest extent practicable within ninety days after the
Council's request, the Administrator shall respond to the Council in
writing specifying--,
(A) the means by which the Administrator will undertake the
action or any modification thereof requested by the Council, or
(B) the reasons why such action would not be consistent with
the plan, or with the Administrator's legal obligations under this
Act, or other provisions of law, which the Administrator shall
specifically identify.
(3) If the Administrator determines not to undertake the requested
action, the Council, within sixty days after notice of the
Administrator's determination, may request the Administrator to hold an
informal hearing and make a final decision.
(k)(1) Not later than October 1, 1987, or six years after the Council
is established under this Act, whichever is later, the Council shall
complete a thorough analysis of conservation measures and conservation
resources implemented pursuant to this Act during the five-year period
beginning on the date the Council is established under this Act to
determine if such measures or resources:
(A) have resulted or are likely to result in costs to consumers
in the region greater than the costs of additional generating
resources or additional fuel which the Council determines would be
necessary in the absence of such measures or resources;
(B) have not been or are likely not to be generally equitable
to all consumers in the region; or
(C) have impaired or are likely to impair the ability of the
Administrator to carry out his obligations under this Act and
other laws, consistent with sound business practices.
(2) The Administrator may determine that section 3(4)(D) shall not
apply to any proposed conservation measure or resource if the
Administrator finds after receipt of such analysis from the Council that
such measure or resource would have any result or effect described in
subparagraph (A), (B) or (C) of paragraph (1).
Sec. 5. (a) All power sales under this Act // 16 USC 839c. // shall
be subject at all times to the preference and priority provisions of the
Bonneville Project Act of 1937 (16 U.S.C. 832 and following) and, in
particular, sections 4 and 5 thereof. // 16 USC 832c, 832d. // Such
sales shall be at rates established pursuant to section 7. // 16 USC
832f. //
(b)(1) Whenever requested, the Administrator shall offer to sell to
each requesting public body and cooperative entitled to preference and
priority under the Bonneville Project Act of 1937 and to each requesting
investor-owned utility electric power to meet the firm power load of
such public body, cooperative or investor-owned utility in the Region to
the extent that such firm power load exceeds--,
(A) the capability of such entity's firm peaking and energy
resources used in the year prior to the enactment of this Act to
serve its firm load in the region, and
(B) such other resources as such entity determines, pursuant to
contracts under this Act, will be used to serve its firm load in
the region.
In determining the resources which are used to serve a firm load, for
purposes of subparagraphs (A) and (B), any resources used to serve a
firm load under such subparagraphs shall be treated as continuing to be
so used, unless such use is discontinued with the consent of the
Administrator, or unless such use is discontinued because of
obsolescence, retirement, loss of resource, or loss of contract rights.
(2) Contracts with investor-owned utilities shall provide that the
Administrator may reduce his obligations under such contracts in
accordance with section 5(a) of the Bonneville Project Act of 1937.
(3) In addition to his authorities to sell electric power under
paragraph (1), the Administrator is also authorized to sell electric
power to Federal agencies in the region.
(4) Sales under this subsection shall be made only if the public
body, cooperative, Federal agency or investor-owned utility complies
with the Administrator's standards for service in effect on the
effective date of this Act or as subsequently revised.
(5) The Administrator shall include in contracts executed in
accordance with this subsection provisions that enable the Administrator
to restrict his contractual obligations to meet the loads referred to in
this subsection in the future if the Administrator determines, after a
reasonable period of experience under this Act, that the Administrator
cannot be assured on a planning basis of acquiring sufficient resources
to meet such loads during a specified period of insufficiency. Any such
contract with a public body, cooperative, or Federal agency shall
specify a reasonable minimum period between a notice of restriction and
the earliest date such restriction may be imposed.
(6) Contracts executed in accordance with this subsection with public
body, cooperative, and Federal agency customers shall--,
(A) provide that the restriction referred to in paragraph (5)
shall not be applicable to any such customers until the operating
year in which the total of such customers' firm loads to be served
by the Administrator equals or exceeds the firm capability of the
Federal base system resources;
(B) not permit restrictions which would reduce the total
contractual entitlement of such customers to an amount less than
the firm capability of the Federal base system resources; and
(C) contain a formula for determining annually, on a uniform
basis, each such customer's contractual entitlement to firm power
during such a period of restriction, which formula shall not
consider customer resources other than those the customer has
determined, as of the effective date of this Act, to be used to
serve its own firm loads.
The formula referred to in subparagraph (C) shall obligate the
Administrator to provide on an annual basis only firm power needed to
serve the portion of such customer's firm load in excess of the
capability of such customer's own firm resources determined by such
customer under paragraph (1) of this subsection to be used to serve its
firm load.
(c)(1) Whenever a Pacific Northwest electric utility offers to sell
electric power to the Administrator at the average system cost of that
utility's resources in each year, the Administrator shall acquire by
purchase such power and shall offer, in exchange, to sell an equivalent
amount of electric power to such utility for resale to that utility's
residential users within the region.
(2) The purchase and exchange sale referred to in paragraph (1) of
this subsection with any electric utility shall be limited to an amount
not in excess of 50 per centum of such utility's Regional residential
load in the year beginning July 1, 1980, such 50 per centum limit
increasing in equal annual increments to 100 per centum of such load in
the year beginning July 1, 1985, and each year thereafter.
(3) The cost benefits, as specified in contracts with the
Administrator, of any purchase and exchange sale referred to in
paragraph (1) of this subsection which are attributable to any electric
utility's residential load within a State shall be passed through
directly to such utility's residential loads within such State, except
that a State which lies partially within and partially without the
region may require that such cost benefits be distributed among all of
the utility's residential loads in that State.
(4) An electric utility may terminate, upon reasonable terms and
conditions agreed to by the Administrator and such utility prior to such
termination, its purchase and sale under this subsection if the
supplemental rate charge provided for in section 7(b)(3) is applied and
the cost of electric power sold to such utility under this subsection
exceeds, after application of such rate charge, the average system cost
of power sold by such utility to the Administrator under this
subsection.
(5) Subject to the provisions of sections 4 and 6, in lieu of
purchasing any amount of electric power offered by a utility under
paragraph (1) of this subsection, the Administrator may acquire an
equivalent amount of electric power from other sources to replace power
sold to such utility as part of an exchange sale if the cost of such
acquisition is less than the cost of purchasing the electric power
offered by such utility.
(6) Exchange sales to a utility pursuant to this subsection shall not
be restricted below the amounts of electric power acquired by the
Administrator from, or on behalf of, such utility pursuant to this
subsection.
(7) The "average system cost" for electric power sold to the
Administrator under this subsection shall be determined by the
Administrator on the basis of a methodology developed for this purpose
in consultation with the Council, the Administrator's customers, and
appropriate State regulatory bodies in the region. Such methodology
shall be subject to review and approval by the Federal Energy Regulatory
Commission. Such average system cost shall not include--,
(A) the cost of additional resources in an amount sufficient to
serve any new large single load of the utility;
(B) the cost of additional resources in an amount sufficient to
meet any additional load outside the region occurring after the
effective date of this Act; and
(C) any costs of any generating facility which is terminated
prior to initial commercial operation.
(d)(1)(A) The Administrator is authorized to sell in accordance with
this subsection electric power to existing direct service industrial
customers. Such sales shall provide a portion of the Administrator's
reserves for firm power loads within the region.
(B) After the effective date of this Act, the Administrator shall
offer in accordance with subsection (g) of this section to each existing
direct service industrial customer an initial long term contract that
provides such customer an amount of power equivalent to that to which
such customer is entitled under its contract dated January or April 1975
providing for the sale of "industrial firm power."
(2) The Administrator shall not sell electric power, including
reserves, directly to new direct service industrial customers.
(3) The Administrator shall not sell amounts of electric power,
including reserves, to existing direct service industrial customers in
excess of the amount permitted under paragraph (1) unless the
Administrator determines, after a plan has been adopted pursuant to
section 4 of this Act, that such proposed sale is consistent with the
plan and that--,
(A) additional power system reserves are required for the
region's firm loads,
(B) the proposed sale would provide a cost-effective method of
supplying such reserves,
(C) such loads or loads of similar character cannot provide
equivalent operating or planning benefits to the region if served
by an electric utility under contractual arrangements providing
reserves, and
(D) the Administrator has or can acquire sufficient electric
power to serve such loads, and
unless the Council has determined such sale is consistent with the plan.
After such determination by the Administrator and by the Council, the
Administrator is authorized to offer to existing direct service
industrial customers power in such amounts in excess of the amount
permitted under paragraph (1) of this subsection as the Administrator
determines to be necessary to provide additional power system reserves
to meet the region's firm loads.
(4)(A) As used in this section, the term "existing direct service
industrial customer" means any direct service industrial customer of the
Administrator which has a contract for the purchase of electric power
from the Administrator on the effective date of this Act.
(B) The term "new direct service industrial customer" means any
industrial entity other than an existing direct service industrial
customer.
(C)(i) Where a new contract is offered in accordance with subsection
(g) to any existing direct service industrial customer which has not
received electric power prior to the effective date of this Act from the
Administrator pursuant to a contract with the Administrator existing on
the date of the enactment of this Act, electric power delivered under
such new contract shall be conditioned on the Administrator reasonably
acquiring, in accordance with this Act and within such estimated period
of time (as specified in the contract) as he deems reasonable,
sufficient resources to meet, on a planning basis, the load requirement
of such customer. Such contract shall also provide that the obligation
of the Administrator to acquire such resources to meet such load
requirement shall, except as provided in clause (ii) of this
subparagraph, apply only to such customer and shall not be sold or
exchanged by such customer to any other person.
(ii) Rights under a contract described in clause (i) of this
subparagraph may be transferred by an existing direct service industrial
customer referred to in clause (i) to a successor in interest in
connection with a reorganization or other transfer of all major assets
of such customer. Following such a transfer, such successor in interest
(or any other subsequent successor in interest) may also transfer rights
under such a contract only in connection with a reorganization or other
transfer of all assets of such successor in interest.
(iii) The limitations of clause (i) of this subparagraph shall not
apply to any customer referred to in clause (i) whenever the
Administrator determines that such customer is receiving electric power
pursuant to a contract referred to in such clause (ii).
(e)(1) The contractual entitlement to firm power of any customer from
whom, or on whose behalf, the Administrator has acquired electric power
pursuant to section 6 may not be restricted below the amount of electric
power so acquired from, or on behalf of, such customer. If in any year
such customer's requirements are less than such entitlement, any excess
of such entitlement shall be first made available to increase the
entitlement of other customers of the same class before being available
for the entitlement of other customers. For purposes of this paragraph,
the following entities shall each constitute a class:
(A) public bodies and cooperatives;
(B) Federal agencies;
(C) direct service industrial; and
(D) investor owned utilities.
(2) Any contractual entitlement to firm power which is based on
electric power acquired from, or on behalf of, a customer pursuant to
section 6 shall be in addition to any other contractual entitlement to
firm power not subject to restriction that such customer may have under
this section. For the purposes of this subsection, references to
amounts of power acquired by the Administrator pursuant to section 6
shall be deemed to mean the amounts specified in the resource
acquisition contracts exclusive of any amounts recognized in such
contracts as replacement for Federal base system resources.
(3) The Administrator shall, consistent with the provisions of this
Act, insure that any restrictions upon any particular customer class
made pursuant to this subsection and subsection (b) of this section are
distributed equitably throughout the region.
(f) The Administrator is authorized to sell, or otherwise dispose of,
electric power, including power acquired pursuant to this and other
Acts, that is surplus to his obligations incurred pursuant to
subsections (b), (c), and (d) of this section in accordance with this
and other Acts applicable to the Administrator, including the Bonneville
Project Act of 1937 (16 U.S.C. 832 and following), the Federal Columbia
River Transmission System Act (16 U.S.C. 838 and following), and the Act
of August 31, 1964 (16 U.S.C. 837 - 837h).
(g)(1) As soon as practicable within nine months after the effective
date of this Act, the Administrator shall commence necessary
negotiations for, and offer, initial long-term contracts (within the
limitations of the third sentence of section 5(a) of the Bonneville
Project Act) // 16 USC 838d. // simultaneously to--,
(A) existing public body and cooperative customers and
investor-owned utility customers under subsection (b) of this
section;
(B) Federal agency customers under subsection (b) of this
section;
(C) electric utility customers under subsection (c) of this
section; and
(D) direct service industrial customers under subsection (d)(
1).
(2) Each customer offered a contract pursuant to this subsection
shall have one year from the date of such offer to accept such contract.
Such contract shall be effective as provided in this subsection.
(3) An initial contract with a public body, cooperative or
investor-owned electric utility customer or a Federal agency customer
pursuant to subsection (b) of this section shall be effective on the
date executed by such customer, unless another effective date is
otherwise agreed to by the Administrator and the customer.
(4) An initial contract with an electric utility customer pursuant to
subsection (c) of this section shall be effective on the date executed
by such customer, but no earlier than the first day of the tenth month
after the effective date of this Act.
(5) An initial contract with a direct service industrial customer
pursuant to subsection (d)(1), shall be effective on the date agreed
upon by the Administrator and such customer, but no later than the first
day of the tenth month after the effective date of this Act. When such
contract is executed, it may for rate purposes be given retroactive
effect to such first day.
(6) Initial contracts offered public body, cooperative and Federal
agency customers in accordance with this subsection shall provide that
during a period of insufficiency declared in accordance with subsection
(b) of this section each customer's contractual entitlement shall, to
the extent of its requirements on the Administrator, be no less than the
amount of firm power received from the Administrator, in the year
immediately preceding the period of insufficiency.
(7) The Administrator shall be deemed to have sufficient resources
for the purpose of entering into the initial contracts specified in
paragraph (1)(A) through (D).
Sec. 6. // 16 USC 839d. // (a)(1) The Administrator shall acquire
such resources through conservation, implement all such conservation
measures, and acquire such renewable resources which are installed by a
residential or small commercial consumer to reduce load, as the
Administrator determines are consistent with the plan, or if no plan is
in effect with the criteria of section 4(e)(1) and the considerations of
section 4(e)(2) and, in the case of major resources, in accordance with
subsection (c) of this section. Such conservation measures and such
resources may include, but are not limited to--,
(A) loans and grants to consumers for insulation or
weatherization increased system efficiency, and waste energy
recovery by direct application,
(B) technical and financial assistance to, and other
cooperation with, the Administrator's customers and governmental
authorities to encourage maximum cost-effective voluntary
conservation and the attainment of any cost-effective conservation
objectives adopted by individual States or subdivisions thereof,
(C) aiding the Administrator's customers and governmental
authorities in implementing model conservation standards adopted
pursuant to section 4(f), and
(D) conducting demonstration projects to determine the cost
effectiveness of conservation measures and direct application of
renewable energy resources.
(2) In addition to acquiring electric power pursuant to section 5(
c), or on a short-term basis pursuant to section 11(b)(6)(i) of the
Federal Columbia River Transmission System Act, // 16 USC 838i. // the
Administrator shall acquire, in accordance with this section, sufficient
resources--,
(A) to meet his contractual obligations that remain after
taking into account planned savings from measures provided for in
paragraph (1) of this subsection, and
(B) to assist in meeting the requirements of section 4(h) of
this Act.
The Administrator shall acquire such resources without considering
restrictions which may apply pursuant to section 5(b) of this Act.
(b)(1) Except as specifically provided in this section, acquisition
of resources under this Act shall be consistent with the plan, as
determined by the Administrator.
(2) The Administrator may acquire resources (other than major
resources) under this Act which are not consistent with the plan, but
which are determined by the Administrator to be consistent with the
criteria of section 4(e)(1) and the considerations of section 4(e)(2) of
this Act.
(3) If no plan is in effect, the Administrator may acquire resources
under this Act which are determined by the Administrator to be
consistent with the criteria of section 4(e)(1) and the considerations
of section 4(e)(2) of this Act.
(4) The Administrator shall acquire any non-Federal resources to
replace Federal base system resources only in accordance with the
provisions of this section. The Administrator shall include in the
contracts for the acquisition of any such non-Federal replacement
resources provisions which will enable him to ensure that such
non-Federal replacement resources are developed and operated in a manner
consistent with the considerations specified in section 4(e)(2) of this
Act.
(5) Notwithstanding any acquisition of resources pursuant to this
section, the Administrator shall not reduce his efforts to achieve
conservation and to acquire renewable resources installed by a
residential or small commercial consumer to reduce load, pursuant to
subsection (a)(1) of this section.
(c)(1) For each proposal under subsection (a), (b), (f), (h), or (l)
of this section to acquire a major resource, to implement a conservation
measure which will conserve an amount of electric power equivalent to
that of a major resource, to implement a conservation measure which will
conserve an amount of electric power equivalent to that of a major
resource, to pay or reimburse investigation and preconstruction expenses
of the sponsors of a major resource, or to grant billing credits or
services involving a major resource, the Administrator shall--,
(A) publish notice of the proposed action in the Federal
Register and provide a copy of such notice to the Council, the
Governor of each State in which facilities would be constructed or
a conservation measure implemented, and the Administrator's
customers;
(B) not less than sixty days following publication of such
notice, conduct one or more public hearings, presided over by a
hearing officer, at which testimony and evidence shall be
received, with opportunity for such rebuttal and cross-examination
as the hearing officer deems appropriate in the development of an
adequate hearing record;
(C) develop a record to assist in evaluating the proposal which
shall include the transcript of the public hearings, together with
exhibits, and such other materials and information as may have
been submitted to, or developed by, the Administrator; and (D)
following completion of such hearings, promptly provide to the
Council and make public a written decision that includes, in
addition to a determination respecting the requirements of
subsection (a), (b), (f), (h), (l), or (m) of thisection, as
appropriate--,
is either
consistent or inconsistent with the plan or,
notwithstanding
its inconsistency with the plan, a finding that it is
needed to
meet the Administrator's obligations under this Act,
or
is
either consistent or inconsistent with the criteria of
section
4(e)(1) and the considerations of section 4(e)(2) of
this Act or
notwithstanding its inconsistency, a finding that it is
needed
to meet the Administrator's obligations under this
Act. In the case of subsection (f) of this section, such decision
shall be treated as satisfying the applicable requirements of this
subsection and of subsection (f) of this section, if it includes a
finding of probable consistency, based upon the Administrator's
evaluation of information available at the time of completion of
the hearing under this paragraph. Such decision shall include the
reasons for such finding.
(2) Within sixty days of the receipt of the Administrator's decision
pursuant to paragraph (1)(D) of this subsection, the Council may
determine by a majority vote of all members of the Council, and notify
the Administrator--,
(A) that the proposal is either consistent or inconsistent with
the plan, or
(B) if no plan is in effect, that the proposal is either
consistent or inconsistent with the criteria of section 4(e)(1)
and the considerations of section 4(e)(2).
(3) The Administrator may not implement any proposal referred to in
paragraph (1) that is determined pursuant to paragraph (1) or (2) by
either the Administrator or the Council to be inconsistent with the plan
or, if no plans is in effect, with the criteria of section 4(e)(1) and
the considerations of section 4(e)(2)--,
(A) unless the Administrator finds that, notwithstanding such
inconsistency, such resource is needed to meet the Administrator's
obligations under this Act, and
(B) until the expenditure of funds for that purpose has been
specifically authorized by Act of Congress enacted after the date
of the enactment of this Act.
(4) Before the Administrator implements any proposal referred to in
paragraph (1) of this subsection, the Administrator shall--,
(A) submit to the appropriate committees of the Congress the
administrative record of the decision (including any determination
by the Council under paragraph (2)) and a statement of the
procedures followed or to be followed for compliance with the
National Environmental Policy Act of 1969,
// 42 USC 4321 //
(B) publish notice of the decision in the Federal Register, and
(C) note the proposal in the Administrator's annual or
supplementary budget submittal made pursuant to the Federal
Columbia River Transmission System Act (16 U.S.C. 838 and
following).
The Administrator may not implement any such proposal until ninety days
after the date on which such proposal has been noted in such budget or
after the date on which such decision has been published in the Federal
Register, whichever is later.
(5) The authority of the Council to make a determination under
paragraph (2)(B) if no plan is in effect shall expire on the date two
years after the establishment of the Council.
(d) The Administrator is authorized to acquire a resource, other than
a major resource, whether or not such resource meets the criteria of
section 4(e)(1) and the considerations of section 4(e)(2) but which he
determines is an experimental, developmental, demonstration, or pilot
project of a type with a potential for providing cost-effective service
to the region. The Administrator shall make no obligation for the
acquisition of such resource until it is included in the annual budgets
submitted to the Congress pursuant to the Federal Columbia River
Transmission System Act.
(e)(1) In order to effectuate the priority given to conservation
measures and renewable resources under this Act, the Administrator
shall, to the maximum extent practicable, make use of his authorities
under this Act to acquire conservation measures and renewable resources,
to implement conservation measures, and to provide credits and technical
and financial assistance for the development and implementation of such
resources and measures (including the funding of, and the securing of
debt for, expenses incurred during the investigation and preconstruction
of resources, as authorized in subsection (f) of this section).
(2) To the extent conservation measures or acquisition of resources
require direct arrangements with consumers, the Administrator shall make
maximum practicable use of customers and local entities capable of
administering and carrying out such arrangements.
(f)(1) For resources which the Administrator determines may be
eligible for acquisition under this section and satisfy the criteria of
section 4(e)(1) and the considerations of section 4(e)(2) of this Act
or, if a plan is in effect, to be consistent with the plan, the
Administrator is authorized to enter into agreements with sponsors of--,
(A) a renewable resource, other than a major resource, to fund
or secure debt incurred in the investigation and initial
development of such resource, or
(B) any other resource to provide for the reimbursement of the
sponsor's investigation and preconstruction expenses concerning
such resource (which expenses shall not include procurement of
capital equipment or construction material for such resource).
In the case of any resource referred to in subparagraph (B) of this
paragraph, such reimbursement is authorized only if--,
(i) such resource is subsequently denied State siting approval
or other necessary Federal or State permits, or approvals,
(ii) such investigation subsequently demonstrates, as
determined by the Administrator, that such resource does not meet
the criteria of section 4(e)(1) and the considerations of section
4(e)(2) of this Act or is not acceptable because of environmental
impacts, or
(iii) after such investigation the Administrator determines not
to acquire the resource and the sponsor determines not to
construct the resource.
(2) The Administrator may exercise the authority of this subsection
only after he determines that the failure to do so would result in
inequitable hardship to the consumers of such sponsors. The
Administrator may provide reimbursement under this subsection only for
expenses incurred after the date of the enactment of this Act.
(3) Any agreement under paragraph (1) of this subsection shall
provide the Administrator an option to acquire any such resource,
including a renewable resource, and shall include such other provisions,
as the Administrator deems appropriate, for the Administrator's recovery
from such sponsors or any assignee of the sponsors, if such sponsor or
assignee continues development of the resource, of any advances made by
the Administrator pursuant to such agreement.
(4) The Administrator shall not reimburse any expense incurred by the
sponsors (except necessary expenses involved in the liquidation of the
resource) after the date of a final denial of application for State
siting approval or after the date the Administrator determines that the
resource to be inconsistent with the plan or the criteria of section 4(
e)(1) and the considerations of section 4(e)(2).
(g) At the request of the appropriate State, any environmental impact
statement which may be required with respect to a resource, to the
extent determined possible by the Administrator in accordance with
applicable law and regulations, may be prepared jointly and in
coordination with any required environmental impact statement of the
State or any other statement which serves the purpose of an
environmental impact statement which is required by State law.
(h)(1) If a customer so requests, the Administrator shall grant
billing credits to such customer, and provide services to such customer
at rates established for such services, for--,
(A) conservation activities independently undertaken or
continued after the effective date of this Act by such customer or
political subdivision served by such customer which reduce the
obligation of the Administrator that would otherwise have existed
to acquire other resources under this Act, or
(B) resources constructed, completed, or acquired after the
effective date of this Act by a customer, an entity acting on
behalf of such customer, or political subdivision served by the
customer which reduce the obligation of the Administrator to
acquire resources under this Act. Such resources shall be
renewable resources or multipurpose projects or other resources
which are not inconsistent with the plan or, in the absence of a
plan, not inconsistent with the criteria of section 4(e)(1) and
the considerations of section 4(e)(2) of this Act.
(2) The energy and capacity on which a credit under this subsection
to a customer is based shall be the amount by which a conservation
activity or resource actually changes the customer's net requirement for
supply of electric power or reserves from the Administrator.
(3) The amount of credits for conservation under this subsection
shall be set to credit the customer implementing or continuing the
conservation activity for which the credit is granted for the savings
resulting from such activity. The rate impact on the Administrator's
other customers of granting the credit shall be equal to the rate impact
such customers would have experienced had the Administrator been
obligated to acquire resources in an amount equal to that actually saved
by the activity for which the credit is granted.
(4) For resources other than conservation, the customer shall be
credited for net costs actually incurred by such customer, an entity
acting on behalf of such customer, or political subdivision served by
such customer, in acquiring, constructing, or operating the resource for
which the credit is granted. The rate impact to the Administrator's
other customers of granting the credit shall be no greater than the rate
impact such customers would have experienced had the Administrator been
obligated to acquire resources in an amount equal to that actually
produced by the resource for which the credit is granted.
(5) Retail rate structures which are voluntarily implemented by the
Administrator's customers and which induce conservation or installation
of consumer-owned renewable resources shall be considered, for purposes
of this subsection, to be (A) conservation activities independently
undertaken or carried on by such customers, or (B) customer-owned
renewable resources, and shall qualify for billing credits upon the same
showing as that required for other conservation or renewable resource
activities.
(6) Prior to granting any credit or providing services pursuant to
this subsection, the Administrator shall--,
(A) comply with the notice provisions of subsection (c) of this
section, and include in such notice the methodology the
Administrator
proposes to use in determining the amount of any such
credit;
(B) include the cost of such credit in the Administrator's
annual or amended budget submittal to the Congress made pursuant
to the Federal Columbia River Transmission System Act (16 U.S.C.
838(j));
(C) require that resources in excess of customer's reasonable
load growth shall have been offered to others for ownership,
participation or other sponsorship pursuant to subsection (m) of
this section, except in the case of conservation, multi-purpose
projects uniquely suitable for development by the customer, or
renewable resources; and
(D) require that the operators of any generating resource for
which a billing credit is to be granted agree to operate such
resource in a manner compatible with the planning and operation of
the region's power system.
(i) Contracts for the acquisition of resources and for billing
credits for major resources, including conservation activities, entered
into pursuant to this section shall contain such terms and conditions,
applicable after the contract is entered into, as will--,
(1) insure timely construction, scheduling, completion, and
operation of resources,
(2) insure that the costs of any acquisition are as low as
reasonably possible, consistent (A) with sound engineering,
operating, and safety practices, and (B) the protection,
mitigation, and enhancement of fish and wildlife, including
related spawning grounds and habitat affected by the development
of such resources, and
(3) insure that the Administrator exercises effective
oversight, inspection, audit, and review of all aspects of such
construction and operation.
Such contracts shall contain provisions assuring that the Administrator
has the authority to approve all costs of, and proposals for, major
modifications in construction, scheduling or operations and to assure
that the Administrator is provided with such current information as he
deems necessary to evaluate such construction and operation.
(j)(1) All contractual and other obligations required to be carried
out by the Administrator pursuant to this Act shall be secured solely by
the Administrator's revenues received from the sale of electric power
and other services. Such obligations are not, nor shall they be
construed to be, general obligations of the United States, nor are such
obligations intended to be or are they secured by the full faith and
credit of the United States.
(2) All contracts entered into by the Administrator for the
acquisition of resources pursuant to this Act shall require that, in the
sale of any obligation, all offerings and promotional material for the
sale of such obligations shall include the language contained in the
second sentence of paragraph (1) of this subsection. The Administrator
shall monitor and enforce such requirement.
(k) In the exercise of his authorities pursuant to this section, the
Administrator shall, consistent with the provisions of this Act and the
Administrator's obligations to particular customer classes, insure that
benefits under this section, including financial and technical
assistance, conduct of conservation demonstrations, and experimental
projects, services, and billing credits, are distributed equitably
throughout the region.
(l)(1) The Administrator is authorized and directed to investigate
opportunities for adding to the region's resources or reducing the
region's power costs through the accelerated or cooperative development
of resources located outside the States of Idaho, Montana, Oregon, and
Washington if such resources are renewable resources, and are now or in
the future planned or considered for eventual development by nonregional
agencies or authorities that will or would own, sponsor, or otherwise
develop them. The Administrator shall keep the Council fully and
currently informed of such investigations, and seek the Council's advice
as to the desirability of pursuing such investigations.
(2) The Administrator is authorized and directed to investigate
periodically opportunities for mutually benefical interregional
exchanges of electric power that reduce the need for additional
generation or generating capacity in the Pacific Northwest and the
regions with which such exchanges may occur. The Council shall take
into consideration in formulating a plan such investigations.
(3) After the Administrator submits a report to Congress pursuant to
paragraph (5) of this subsection, the Administrator is authorized to
acquire resources consistent with such investigations and consistent
with the plan or, if no plan is in effect, with the priorities of
section 4(e)(1) and the considerations of section 4(e)(2). Such
acquisitions shall be in accordance with the provisions of this
subsection.
(4) The Administrator shall conduct the investigations and the
acquisitions, if any, authorized under this subsection with the
assistance of other Federal agencies as may be appropriate.
(5) No later than July 1, 1981, the Administrator shall submit to the
Congress a report of the results of the investigations undertaken
pursuant to this subsection, together with the prospects for obtaining
additional resources under the authority granted by this subsection and
for reductions in generation or generating capacity through exchanges.
(m) Except as to resources under construction on the effective date
of this Act, the Administrator shall determine in each case of a major
resource acquisition that a reasonable share of the particular resource,
or a reasonable equivalent, has been offered to each Pacific Northwest
electric utility for ownership, participation, or other sponsorship, but
not in excess of the amounts needed to meet such utility's Regional
load.
Sec. 7. // 16 USC 839e. // (a)(1) The Administrator shall establish,
and periodically review and revise, rates for the sale and disposition
of electric energy and capacity and for the transmission of non-Federal
power. Such rates shall be established and, as appropriate, revised to
recover, in accordance with sound business principles, the costs
associated with the acquisition, conservation, and transmission of
electric power, including the amortization of the Federal investment in
the Federal Columbia River Power System (including irrigation costs
required to be repaid out of power revenues) over a reasonable period of
years and the other costs and expenses incurred by the Administrator
pursuant to this Act and other provisions of law. Such rates shall be
established in accordance with sections 9 and 10 of the Federal Columbia
River Transmission System Act (16 U.S.C. 838), // 16 USC 838g, 838h. //
section 5 of the Flood Control Act of 1944, // 16 USC 825s. // and the
provisions of this Act.
(2) Rates established under this section shall become effective only,
except in the case of interim rules as provided in subsection (i)(6),
upon confirmation and approval by the Federal Energy Regulatory
Commission upon a finding by the Commission, that such rates--,
(A) are sufficient to assure repayment of the Federal
investment in the Federal Columbia River Power System over a
reasonable number of years after first meeting the Administrator's
other costs,
(B) are based upon the Administrator's total system costs, and
(C) insofar as transmission rates are concerned, equitably
allocate the costs of the Federal transmission system between
Federal and non-Federal power utilizing such system.
(b)(1) The Administrator shall establish a rate or rates of general
application for electric power sold to meet the general requirements of
public body, cooperative, and Federal agency customers within the
Pacific Northwest, and loads of electric utilities under section 5(c).
Such rate or rates shall recover the costs of that portion of the
Federal base system resources needed to supply such loads until such
sales exceed the Federal base system resources. Thereafter, such rate
or rates shall recover the cost of additional electric power as needed
to supply such loads, first from the electric power acquired by the
Administrator under section 5(c) and then from other resources.
(2) After July 1, 1985, the projected amounts to be charged for firm
power for the combined general requirements of public body, cooperative
and Federal agency customers, exclusive of amounts charged such
customers under subsection (g) for the costs of conservation, resource
and conservation credits, experimental resources and uncontrollable
events, may not exceed in total, as determined by the Administrator,
during any year after July 1, 1985, plus the ensuing four years, an
amount equal to the power costs for general requirements of such
customers if, the Administrator assumes that--,
(A) the public body and cooperative customers' general
requirements had included during such five-year period the direct
service industrial customer loads which are--,
(B) public body, cooperative, and Federal agency customers were
served, during such five-year period, with Federal base system
resources not obligated to other entities under contracts existing
as of the effective date of this Act (during the remaining term of
such contracts) excluding obligations to direct service industrial
customer loads included in subparagraph (A) of this paragraph:
(C) no purchases or sales by the Administrator as provided in
section 5(c) were made during such five-year period;
(D) all resources that would have been required, during such
five-year period, to meet remaining general requirements of the
public body, cooperative and Federal agency customers (other than
requirements met by the available Federal base system resources
determined under subparagraph (B) of this paragraph) were--,
and were the least expensive resources owned or purchased by
public bodies or cooperatives; and any additional needed
resources were obtained at the average cost of all other new
resources acquired by the Administrator; and
(E) the quantifiable monetary savings, during such five-year
period, to public body, cooperative and Federal agency customers
resulting from--,
Federal
base system resources, identified under subparagraph
(D) of
this paragraph, and
were not achieved.
(3) Any amounts not charged to public body, cooperative, and Federal
agency customers by reason of paragraph (2) of this subsection shall be
recovered through supplemental rate charges for all other power sold by
the Administrator to all customers. Rates charged public body,
cooperative, or Federal agency customers pursuant to this subsection
shall not include any costs or benefits of a net revenue surplus or
deficiency occurring for the period ending June 30, 1985, to the extent
such surplus or deficiency is caused by--,
(A) a difference between actual power deliveries and power
deliveries projected for the purpose of establishing rates to
direct service industrial customers under subsection (c)(1) of
this subsection, and
(B) an overrecovery or underrecovery of the net costs incurred
by the Administrator under section 5(c) as a result of such
difference.
Any such revenue surplus or deficiency incurred shall be recovered from,
or repaid to, customers over a reasonable period of time after July 1,
1985, through a supplemental rate charge or credit applied
proportionately for all other power sold by the Administrator at rates
established under subsections of this section prior to July 1, 1985.
(4) The term "general requirements" as used in this section means the
public body, cooperative or Federal agency customer's electric power
purchased from the Administrator under section 5(b) of this Act,
exclusive of any new large single load.
(c)(1) The rate or rates applicable to direct service industrial
customers shall be established--,
(A) for the period prior to July 1, 1985, at a level which the
Administrator estimates will be sufficient to recover the cost of
resources the Administrator determines are required to serve such
customers' load and the net costs incurred by the Administrator
pursuant to section 5(c) of this Act, based upon the
Administrator's projected ability to make power available to
such customers pursuant to their contracts, to the extent that
such costs are not recovered through rates applicable to other
customers; and
(B) for the period beginning July 1, 1985, at a level which the
Administrator determines to be equitable in relation to the retail
rates charged by the public body and cooperative customers to
their industrial consumers in the region.
(2) The determination under paragraph (1)(B) of this subsection shall
be based upon the Administrator's applicable wholesale rates to such
public body and cooperative customers and the typical margins included
by such public body and cooperative customers in their retail industrial
rates but shall take into account--,
(A) the comparative size and character of the loads served,
(B) the relative costs of electric capacity, energy,
transmission, and related delivery facilities provided and other
service provisions, and
(C) direct and indirect overhead costs,
all as related to the delivery of power to industrial customers, except
that the Administrator's rates during such period shall in no event be
less than the rates in effect for the contract year ending on June 30,
1985.
(3) The Administrator shall adjust such rates to take into account
the value of power system reserves made available to the Administrator
through his rights to interrupt or curtail service to such direct
service industrial customers.
(d)(1) In order to avoid adverse impacts on retail rates of the
Administrator's customers with low system densities, the Administrator
shall, to the extent appropriate, apply discounts to the rate or rates
for such customers.
(2) In order to avoid adverse impacts of increased rates pursuant to
this Act on any direct service industrial customer using raw minerals
indigenous to the region as its primary resource, the Administrator,
upon request of such customer showing such impacts and after considering
the effect of such request on his other obligations under this Act, is
authorized, if the Administrator determines that such impacts will be
significant, to establish a special rate applicable to such customer if
all power sold to such customer may be interrupted, curtailed, or
withdrawn to meet firm loads in the region. Such rate shall be
established in accordance with this section and shall include such terms
and conditions as the Administrator deems appropriate.
(e) Nothing in this Act prohibits the Administrator from
establishing, in rate schedules of general application, a uniform rate
or rates for sale of peaking capacity or from establishing time-of-day,
seasonal rates, or other rate forms.
(f) Rates for all other firm power sold by the Administrator for use
in the Pacific Northwest shall be based upon the cost of the portions of
Federal base system resources, purchases of power under section 5(c) of
this Act and additional resources which, in the determination of the
Administrator, are applicable to such sales.
(g) Except to the extent that the allocation of costs and benefits is
governed by provisions of law in effect on the effective date of this
Act, or by other provisions of this section, the Administrator shall
equitably allocate to power rates, in accordance with generally accepted
ratemaking principles and the provisions of this Act, all costs and
benefits not otherwise allocated under this section, including, but not
limited to, conservation, fish and wildlife measures, uncontrollable
events, reserves, the excess costs of experimental resources acquired
under section 6, the cost of credits granted pursuant to section 6,
operating services, and the sale of or inability to sell excess electric
power.
(h) Notwithstanding any other provision of this section (except the
provisions of subsection (a) of this section), the Administrator shall
adjust power rates to include any surcharges arising under section 4(f)
of this Act, and shall allocate any revenues from such charges in such
manner as the Administrator determines will help achieve the purposes of
section 4(f) of this Act.
(i) In establishing rates under this section, the Administrator shall
use the following procedures:
(1) Notice of the proposed rates shall be published in the
Federal Register with a statement of the justification and reasons
supporting such rates. Such notice shall include a date for a
hearing in accordance with paragraph (2) of this subsection.
(2) One or more hearings shall be conducted as expeditiously as
practicable by a hearing officer to develop a full and complete
record and to receive public comment in the form of written and
oral presentation of views, data, questions, and argument related
to such proposed rates. In any such hearing--,
of any
material submitted by any other person or the
Administrator,
and
order to
develop information and material relevant to any such
proposed rate.
(3) In addition to the opportunity to submit oral and written
material at the hearings, any written views, data, questions, and
arguments submitted by persons prior to, or before the close of,
hearings shall be made a part of the administrative record.
(4) After such a hearing, the Administrator may propose revised
rates, publish such proposed rates in the Federal Register, and
conduct additional hearings in accordance with this subsection.
(5) The Administrator shall make a final decision establishing
a rate or rates based on the record which shall include the
hearing transcript, together with exhibits, and such other
materials and information as may have been submitted to, or
developed by, the Administrator. The decision shall include a
full and complete justification of the final rates pursuant to
this section.
(6) The final decision of the Administrator shall become
effective on confirmation and approval of such rates by the
Federal Energy Regulatory Commission pursuant to subsection (a)(
2) of this section. The Commission shall have the authority, in
accordance with such procedures, if any, as the Commission shall
promptly establish and make effective within one year after the
enactment of this Act, to approve the final rate submitted by the
Administrator on an interim basis, pending the Commission's final
decision in accordance with such subsection. Pending the
establishment of such procedures by the Commission, if such
procedures are required, the Secretary is authorized to approve
such interim rates during such one-year period in accordance with
the applicable procedures followed by the Secretary prior to the
effective date of this Act. Such interim rates, at the discretion
of the Secretary, shall continue in effect until July 1, 1982.
(j) All rate schedules adopted, and all power billings rendered, by
the Administrator pursuant to this section shall indicate--,
(1) the approximate cost contribution of different resource
categories to the Administrator's rates for the sale of energy and
capacity, and
(2) the cost of resources acquired to meet load growth within
the region and the relation of such cost to the average cost of
resources available to the Administrator.
(k) Notwithstanding any other provision of this Act, all rates or
rate schedules for the sale of nonfirm electric power within the United
States, but outside the region, shall be established after the date of
this Act by the Administrator in accordance with the procedures of
subsection (i) of this section (other than the first sentence of
paragraph // 16 USC 832 - 832l. // (6) thereof) and in accordance with
the Bonneville Project Act, the Flood Control Act of 1944, // 33 USC
642a - 709; 16 USC 460d, 825s; // and the Federal Columbia River
Transmission System Act. // 43 USC 390. // Notwithstanding section
201(f) of the Federal Power Act, // 16 USC 838 // such rates or rate
schedules shall become effective after review by the Federal Energy
Regulatory Commission for conformance with the requirements of such Acts
and after approval thereof by the Commission. Such review shall be
based on the record of proceedings established under subsection (i) of
this section. The parties to such proceedings under subsection (i)
shall be afforded an opportunity by the Commission for an additional
hearing in accordance with the procedures established for ratemaking by
the Commission pursuant to the Federal Power Act.
(l) In order to further the purposes of this Act and to protect the
consumers of the region, the Administrator may negotiate, or establish,
rates for electric power sold by the Administrator to any entity not
located in the United States which shall be equitable in relation to
rates for all electric power which is, or may be, purchased by the
Administrator or the Administrator's customers from entities outside the
United States. In establishing rates other than by negotiation, the
provisions of subsection (i) shall apply. In the case of any
negotiation with an entity not located in the United States, the
Administrator shall provide public notice of any proposal to negotiate
such rates. Such negotiated rates shall be not less than the rates
established under this Act for nonfirm power sold within the United
States but outside the region. The Administrator shall also afford
notice of any rates negotiated pursuant to this subsection.
(m)(1) Beginning the first fiscal year after the plan and program
required by section 4 (d) and (h) of this Act are finally adopted, the
Administrator may, subject to the provisions of this section, make
annual impact aid payments to the appropriate local governments within
the region with respect to major transmission facilities of the
Administrator, as defined in section 3(c) of the Federal Columbia River
Transmission Act--, // 16 USC 838a. //
(A) which are are located within the jurisdictional boundaries
of such governments,
(B) which are determined by the Administrator to have a
substantial impact on such governments, and
(C) where the construction of such facilities, or any
modification thereof, is completed after the effective date of
this Act, and, in the case of a modification of an existing
facility, such modification substantially increases the capacity
of such existing transmission facility.
(2) Payments made under this subsection for any fiscal year shall be
determined by the Administrator pursuant to a regionwide, uniform
formula to be established by rule in accordance with the procedures set
forth in subsection (i) of this section. Such rule shall become
effective on its approval, after considering its effect on rates
established pursuant to this section, by the Federal Energy Regulatory
Commission. In developing such formula, the Administrator shall
identify, and take into account, the local governmental services
provided to the Administrator concerning such facilities and the
associated costs to such governments as the result of such facilities.
(3) Payments made pursuant to this subsection shall be made solely
from the fund established by section 11 of the Federal Columbia River
Transmission System Act. // 16 USC 838i, 838k. // The provisions of
section 13 of such Act, and any appropriations provided to the
Administrator under any law, shall not be available for such payments.
The authorization of payments under this subsection shall not be
construed as an obligation of the United States.
(4) No payment may be made under this subsection with respect to any
land or interests in land owned by the United States within the region
and administered by any Federal agency (other than the Administrator),
without regard to how the United States obtained ownership thereof,
including lands or interests therein acquired or withdrawn by a Federal
agency for purposes of such agency and subsequently made available to
the Administrator for such facilities.
Sec. 8. (a) Section 11(b) of the Federal Columbia River Transmission
System Act // 16 USC 838i // is amended by striking out "or" before
"(iii)" in paragraph (6), by striking out the semicolon at the end of
such paragraph (6) and inserting in lieu thereof", or (iv) on a short
term basis to meet the Administrator's obligations under section 4(h) of
the Pacific Northwest Electric Power Planning and Conservation Act;".
(b) Section 11(b) of the Federal Columbia River Transmission System
Act is amended by striking out "and" at the end of paragraph (10),
striking out the period at the end of paragraph (11) and inserting in
lieu thereof"; and", and by adding at the end thereof the following new
paragraph:
"(12) making such payments, as shall be required to carry out
the purposes and provisions of the Pacific Northwest Electric
Power Planning and Conservation Act.".
(c) Subsection (b) of section 13 of such Act // 16 USC 838k. // is
amended by striking out "and 11(b)(11)" and inserting in lieu thereof ",
11(b)(11), and 11(b)(12)".
(d)(1) The first sentence os subsection (a) of section 13 of such Act
// 16 USC 838k. // is amended by inserting after the word "system," the
following: "to implement the Administrator's authority pursuant to the
Pacific Northwest Electric Power Planning and Conservation Act
(including his authority to provide financial assistance for
conservation measures, renewable resources, and fish and wildlife, but
not including the authority to acquire under section 6 of that Act
electric power from a generating facility having a planned capability
greater than 50 average megawatts).".
(2) The fourth sentence of such subsection (a) is amended by
inserting the following before the period at the end thereof: "issued
by Government corporations".
(3) Such subsection (a) is further amended by inserting the following
before the period at the end thereof: "prior to October 1, 1981. Such
aggregate principal limitation shall be increased by an additional
$1,250,000,000 after October 1, 1981, as provided in advance in annual
appropriation Acts, and such increased amount shall be reserved for the
purpose of providing funds for conservation and renewable resource loans
and grants in a special revolving account created therefor in the fund.
The funds from such revolving account shall not be deemed State or local
funds".
(4) Such subsection (a) is further amended by inserting the following
after the fourth sentence thereof: " Beginning in fiscal year 1982, if
the Administrator fails to repay by the end of any fiscal year all of
the amounts projected immediately prior to such year to be repaid to the
Treasury by the end of such year under the repayment criteria of the
Secretary of Energy and if such failure is due to reasons other than (A)
a decrease in power sale revenues due to fluctuating streamflows or (B)
other reasons beyond the control of the Administrator, the Secretasry of
the Treasury may increase the interest rate applicable to the
outstanding bonds issued by the Administrator during such fiscal year.
Such increase shall be effective commencing with the fiscal year
immediately following the fiscal year during which such failure occurred
and shall not exceed 1 per centum for each such fiscal year during which
such repayments are not in accord with such criteria. The Secretary of
the Treasury shall take into account amounts that the Administrator has
repaid in advance of any repayment criteria in determining whether to
increase such rate. Before such rate is increased, the Secretary of the
Treasury, in consultation with the Administrator and the Federal Energy
Regultory Commission, must be satisfied that the Administrator will have
the ability to pay such increased rate, taking into account the
Administrator's obligations. Such increase shall terminate with the
fiscal year in which repayments (including repayments of the increased
rate) are in accordance with the repayment criteria of the Secretary of
Energy.".
(e) Clause (2) of section 1(b) of the Act of August 31, 1964 (78
Stat. 756) // 16 USC 837. // is amended to read as follows: "(2) any
contiguous areas, not in excess of seventy-five airline miles from said
region, which are a part of the service area of a rural electric
cooperative served by the Administrator on the effective date of the
Pacific Northwest Electric Power Planning and Conservation Act which has
a distribution system from which it serves both within and without said
region.".
Sec. 9. (a) Subject to the provisions of this Act, // 16 USC 839f.
// the Administrator is authorized to contract in accordance with
section 2(f) of the Bonneville Project Act of 1937 (16 U.S.C. 832a(f)).
Other provisions of law applicable to such contracts on the effective
date of this Act shall continue to be applicable.
(b) The Administrator shall discharge the executive and
administrative functions of his office in accordance with the policy
established by the Bonneville Project Act of 1937 (16 U.S.C. 832 and
following), section 302(a) (2) and (3) of the Department of Energy
Organization Act, // 42 USC 7152. // and this Act. The Secretary of
Energy, the Council, and the Administrator shall take such steps as are
necessary to assure the timely implementation of this Act in a sound and
businesslike manner. Nothing in this Act shall be construed by the
Secretary, the Administrator, or any other offical of the Department of
Energy to modify, alter, or otherwise affect the requirements and
directives expressed by the Congress in section 302(a) (2) and (3) of
the Department of Energy Organization Act or the operations of such
officials as they existed prior to enactment of this Act.
(c) Any contract of the Administrator for the sale or exchange of
electric power for use outside the Pacific Northwest shall be subject to
limitations and conditions corresponding to those provided in sections 2
and 3 of the Act of August 31, 1964 (16 U.S.C. 837a and 837b) for any
contract for the sale, delivery, or exchange of hydroelectric energy or
peaking capacity generated within the Pacific Northwest for use outside
the Pacific Northwest. In applying such sections for the purposes of
this subsection, the term "surplus energy" shall mean electric energy
for which there is no market in the Pacific Northwest at any rate
established for the disposition of such energy, and the term "surplus
peaking capacity" shall mean electric peaking capacity for which there
is no demand in the Pacific Northwest at the rate established for the
disposition of such capacity. The authority granted, and duties imposed
upon, the Secretary by sections 5 and 7 of such Act (16 U.S.C. 837e and
837f) // 16 USC 837d. // shall also apply to the Administrator in
connection with resources acquired by the Administrator pursuant to this
Act. The Administrator shall, in making any determination, under any
contract executed pursuant to section 5, of the electric power
requirements of any Pacific Northwest customer, which is a non-Federal
entity having its own generation, exclude, in addition to hydroelectric
generated energy excluded from such requirements pursuant to section
3(d) of such Act (16 U.S.C. 837b(d)), any amount of energy included in
the resources of such customer for service to firm loads in the region
if (1) such amount was disposed of by such customer outside the region,
and (2) as a result of such disposition, the firm energy requirements of
such customer or other customers of the Administrator are increased.
Such amount of energy shall not be excluded, if the Administrator
determines that through reasonable measures such amount of energy could
not be conserved or otherwise retained for service to regional loads.
The Administrator may sell as replacement for any amount of energy so
excluded only energy that would otherwise be surplus.
(d) No restrictions contained in subsection (c) shall limit or
interfere with the sale, exchange or other disposition of any power by
any utility or group thereof from any existing or new non-Federal
resource if such sale, exchange or disposition does not increase the
amount of firm power the Administrator would be obligated to provide to
any customer. In addition to the directives contained in subsections
(i)(1)(B) and (i)(3) and subject to:
(1) any contractual obligations of the Administrator,
(2) any other obligations under existing law, and
(3) the availability of capacity in the Federal transmission
system,
the Administrator shall provide transmission access, load factoring,
storage and other services normally attendant thereto to such utilities
and shall not discriminate against any utility or group thereof on the
basis of independent development of such resource in providing such
services.
(e)(1) For purposes of sections 701 through 706 of title 5, United
States Code, the following actions shall be final actions subject to
judicial review--,
(A) adoption of the plan or amendments thereto by the Council
under section 4, adoption of the program by the Council, and any
determination by the Council under section 4(h);
(B) sales, exchanges, and purchases of electric power under
section 5;
(C) the Administrator's acquisition of resources under section
6;
(D) implementation of conservation measures under section 6;
(E) execution of contracts for assistance to sponsors under
section 6(f);
(F) granting of credits under section 6(h);
(G) final rate determinations under section 7; and
(H) any rule prescribed by the Administrator under section
(7)(m)(2) of this Act.
(2) The record upon review of such final actions shall be limited to
the administrative record compiled in accordance with this Act. The
scope of review of such actions without a hearing or after a hearing
shall be governed by section 706 of title 5, United States Code, except
that final determinations regarding rates under section 7 shall be
supported by substantial evidence in the rulemaking record required by
section 7(i) considered as a whole. The scope of review of an action
under section 6(c) shall be governed by section 706 of title 5, United
States Code. Nothing in this section shall be construed to require a
hearing pursuant to section 554, 556, or 557 of title 5 of the United
States Code.
(3) Nothing in this section shall be construed to preclude judicial
review of other final actions and decisions by the Council or
Administrator.
(4) For purposes of this subsection--,
(A) major resources shall be deemed to be required upon
publication in the Federal Register pursuant to section 6(c)(4)(
B);
(B) resources, other than major resources, shall be deemed to
be acquired upon execution of the contract therefor;
(C) conservation measures shall be deemed to be implemented
upon execution of the contract or grant therefor; and
(D) rate determinations pursuant to section 7 shall be deemed
final upon confirmation and approved by the Federal Energy
Regulatory Commission.
(5) Suits to challenge the constitutionality of this Act, or any
action thereunder, final actions and decisions taken pursuant to this
Act by the Administrator or the Council, or the implementation of such
final actions, whether brought pursuant to this Act, the Bonneville
Project Act, the Act of August 31, 1964 (16 U.S.C. 837 - 837h), // 16
USC 832 - 832l. // or the Federal Columbia River Transmission System
Act (16 U.S.C. 838 and following), shall be filed in the United States
court of appeals for the region. Such suits shall be filed within ninety
days of the time such action or decision is deemed final, or, if notice
of the action is required by this Act to be published in the Federal
Register, within ninety days from such notice, or be barred. In the
case of a challenge of the plan or programs or amendments thereto, such
suit shall be filed within sixty days after publication of a notice of
such final action in the Federal Register. Such court shall have
jurisdiction to hear and determine any suit brought as provided in this
section. The plan and program, as finally adopted or portions thereof,
or amendments thereto, shall not thereafter be reviewable as a part of
any other action under this Act or any other law. Suits challenging any
other actions under this Act shall be filed in the appropriate court.
(f) For purposes of enabling the Administrator to acquire resources
necessary to meet the firm load of public bodies, cooperatives, and
Federal agencies from a governmental unit at a cost no greater than the
cost which would be applicable in the absence of such acquisition, the
exemption from gross income of interest on certain governmental
obligations provided in section 103(a)(1) of the Internal Revenue Code
of 1954 // 26 USC 103. // shall not be affected by the Administrator's
acquisition of such resources if--,
(1) the Administrator, prior to contracting for such
acquisition, certifies to his reasonable belief, that the persons
for whom the Administrator is acquiring such resources for sale
pursuant to section 5 of this Act are public bodies, cooperatives,
and Federal agencies, unless the Administrator also certifies that
he is unable to acquire such resources without selling a portion
thereof to persons who are not exempt persons (as defined in
section 103(b) of such Code), and
(2) based upon such certification, the Secretary of the
Treasury determines in accordance with applicable regulations that
less than a major portion of the resource is to be furnished to
persons who are not exempt persons (as defined in section 103( b)
of such Code).
The certification under paragraph (1) shall be made in accordance with
this subsection and a procedure and methodology approved by the
Secretary of the Treasury. For purposes of this subsection, the term
"major portion" shall have the meaning provided by regulations issued by
the Secretary of the Treasury.
(g) When reviewing rates for the sale of power to the Administrator
by an investor-owned utility customer under section 5(c) or 6, the
Federal Energy Regulatory Commission shall, in accordance with section
209 of the Federal Power Act (16 U.S.C. 824h)--,
(1) convene a joint State board, and
(2) invest such board with such duties and authority as will
assist the Commission in its review of such rates.
(h)(1) No "company" (as defined in section 2(a)(2) of the Public
Utility Holding Company Act of 1935; 15 U.S.C. 79b(a)(2)), which owns
or operates facilities for the generation of electricity (together with
associated transmission and other facilities) primarily for sale to the
Administrator under section 6 shall be deemed an "electric utility
company" (as defined in section 2(a)(3) of the Public Utility Holding
Company Act of 1935; 15 U.S.C. 79b(a)(3)), within the meaning of any
provision or provisions of chapter 2 C of title 15 of the United States
Code, // 15 USC 79 // if at least 90 per centum of the electricity
generated by such company is sold to the Administrator under section 6,
and if--,
(A) the organization of such company is consistent with the
policies of section 1 (b) and (c) of the Public Utility Holding
Company Act of 1935,
// 15 USC 79a. //
as determined by the Securities and Exchange Commission, with the
concurrence of the Administrator, at the time of such
organization; and
(B) participation in any facilities of such "company" has been
offered to public bodies and cooperatives in the region pursuant
to section 6(m).
(2) The Administrator shall include in any contract for the
acquisition of a major resource from such "company" provisions limiting
the amount of equity investment, if any, in such "company" to that which
the Administrator determines will be consistent with achieving the
lowest attainable power costs attributable to such major resource.
(3) In the case of any "company" which meets the requirements of
paragraph (1), the Administrator, with the concurrence of such
Commission, shall approve all significant contracts entered into by, and
between, such "company" and any sponsor company or any subsidiary of
such sponsor company which are determined to be consistent with the
policies of section 1 (b) and (c) of the Public Utility Holding Company
Act of 1935 // 15 USC 79a. // at the time such contracts are entered
into. The Administrator and the Securities and Exchange Commission
shall exercise such approval authority within sixty days after receipt
of such contracts. Such contracts shall not be effective without such
approval.
(4) Paragraph (1) of this subsection shall continue to apply to any
such "company" unless the Administrator or the Securities and Exchange
Commission, or both, through periodic review, (A) determine at any time
that the "company" no longer operates in a manner consistent with the
policies of section 1 (b) and (c) of the Public Utility Holding Company
Act of 1935 and in accordance with this subsection, and (B) notify the
"company" in writing of such preliminary determination. This subsection
shall cease to apply to such "company" thirty days after receipt of
notification of a final determination thereof. A final determination
shall be made only after public notice of the preliminary determination
and after a hearing completed not later than sixty days from the date of
publication of such notice. Such final determination shall be made
within thirty days after the date of completion of such hearing.
(i)(1) At the request and expense of any customer or group of
customers of the Administrator within the Pacific Northwest, the
Administrator shall, to the extent practicable--,
(A) acquire any electric power required by (i) any customer or
group of customers to enable them to replace resources determined
to serve firm load under section 5(b), or (ii) direct service
industrial customers to replace electric power that is or may be
curtailed or interrupted by the Administrator (other than power
the Administrator is obligated to replace), with the cost of such
replacement power to be distributed among the direct service
industrial customers requesting such power; and
(B) dispose of, or assist in the disposal of, any electric
power that a customer or group of customers proposes to sell
within or without the region at rates and upon terms specified by
such customer or group of customers, if such disposition is not in
conflict with the Administrator's other marketing obligations and
the policies of this Act and other applicable laws.
(2) In implementing the provisions of subparagraphs (A) and (B) of
paragraph (1), the Administrator may prescribe policies and conditions
for the independent acquisition or disposition of electric power by any
direct service industrial customer or group of such customers for the
purpose of assuring each direct service industrial customer an
opportunity to participate in such acquisition or disposition.
(3) The Administrator shall furnish services including transmission,
storage, and load factoring unless he determines such services cannot be
furnished, without substantial interference with his power marketing
program, applicable operating limitations or existing contractural
obligations. The Administrator shall, to the extent practicable give
priority in making such services available for the marketing, within and
without the Pacific Northwest, of capability from projects under
construction on the effective date of this Act, if such capability has
been offered for sale at cost, including a reasonable rate of return, to
the Administrator pursuant to this Act and such offer is not accepted
within one year.
(j)(1) The Council, as soon as practicable after the enactment of
this Act, shall prepare, in consultation with the Administrator, the
customers, appropriate State regulatory bodies, and the public, a report
and shall make recommendations with respect to the various retail rate
designs which will encourage conservation and efficient use of electric
energy and the installation of consumer-owned renewable resources on a
cost-effective basis, as well as areas for research and development for
possible application to retail utility rates within the region. Studies
undertaken pursuant to this subsection shall not affect the
responsibilities of any customer or the Administrator which may exist
under the Public Utility Regulatory Policies Act of 1978. // 16 USC 2601
//
(2) Upon request, and solely on behalf of customers so requesting,
the Administrator is authorized to (A) provide assistance in analyzing
and developing retail rate structures that will encorage cost-effective
conservation and the installation of cost-effective consumer-owned
renewable resources; (B) provide estimates of the probable power
savings and the probable amount of billing credits under section 6(h)
that might be realized by such customers as a result of adopting and
implementing such retail rate structures; and (C) solicit additional
information and analytical assistance from appropriate State regulatory
bodies and the Administrator's other customers.
(k) There is hereby established within the administration an
executive position for conservation and renewable resources. Such
executive shall be appointed by the Administrator and shall be assigned
responsibility for conservation and direct-application renewable
resource programs (including the administration of financial assistance
for such programs). Such position is hereby established in the senior
executive service in addition to the number of such positions heretofore
established in accordance with other provisions of law applicable to
such positions.
Sec. 10. (a) Nothing in this Act // 16 USC 839g. // shall be
construed to affect or modify any right of any State or political
subdivision thereof or electric utility to--,
(1) determine retail electric rates, except as provided by
section 5(c)(3);
(2) develop and implement plans and programs for the
conservation, development, and use of resources; or
(3) make energy facility siting decisions, including, but not
limited to, determining the need for a particular facility,
evaluating alternative sites, and considering alternative methods
of meeting the determined need.
(b) Nothing in this Act shall alter, diminish, or abridge the rights
and obligations of the Administrator or any customer under any contract
existing as of the effective date of this Act.
(c) Nothing in this Act shall alter, diminish, abridge, or otherwise
affect the provisions of other Federal laws by which public bodies and
cooperatives are entitled to preference and priority in the sale of
federally generated electric power.
(d) If any provision of this Act is found to be unconstitutional,
then any contract entered into by the Administrator, prior to such
finding and in accordance with such provisions, to sell power, acquire
or credit resources, or to reimburse investigation and preconstruction
expenses pursuant to section 5, and section 6 (a), (f) or (h) of this
Act shall not be affected by such finding.
(e) Nothing in this Act shall be construed to affect or modify any
treaty or other right of an Indian tribe.
(f) The reservation under law of electric power primarily for use in
the State of Montana by reason of the construction of Hungry Horse and
Libby Dams and Reservoirs within that State is hereby affirmed. Such
reservation shall also apply to 50 per centum of any electric power
produced at Libby Reregulating Dam if built. Electric power so reserved
shall be sold at the rate or rates set pursuant to section 7.
(g) Nothing in this Act shall be construed to affect or modify the
right of any State to prohibit utilities regulated by the appropriate
State regulatory body from recovering, through their retail rates, costs
during any period of resource construction.
(h) Nothing in this Act shall be construed as authorizing the
appropriation of water by any Federal, State, or local agency, Indian
tribe, or any other entity or individual. Nor shall any provision of
this Act of any plan or program adopted pursuant to the Act (1) affect
the rights or jurisdictions of the United States, the States, Indian
tribes, or other entities over waters of any river or stream or over any
groundwater resource, (2) alter, amend, repeal, interpret, modify, or be
in conflict with any interstate compact made by the States, or (3)
otherwise be construed to alter or establish the respective rights of
States, the United States, Indian tribes, or any person with respect to
any water or water-related right.
(i) Nothing in this Act shall be construed to affect the validity of
any existing license, permit, or certificate issued by any Federal
agency pursuant to any other Federal law.
Sec. 11. This Act // 16 USC 839 // shall be effective on the date of
enactment, or October 1, 1980, whichever is later. For purposes of this
Act, the term "date of the enactment of this Act" means such date of
enactment of October 1, 1980, whichever is later.
Sec. 12. If any provision of section 4(a) through (c) of this Act //
16 USC 839h. // or any other provision of this Act or the application
thereof to any person, State, Indian tribe, entity, or circumstance is
held invalid, neither the remainder of section 4 or any other provisions
of this Act, nor the application of such provisions to other persons,
States, Indian tribes, entities, or circumstances, shall be affected
thereby.
Approved December 5, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT: No. 96 - 976, Pt. I (Comm. on Interstate and Foreign
Commerce), and No. 96 - 976, Pt. II (Comm. on Interior and Insular
Affairs).
SENATE REPORT No. 96 - 272 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD:
Vol. 125 (1979): Aug. 3, considered and passed Senate.
Vol. 126 (1980): Sept. 24, 29, Nov. 12 - 14, 17, considered
and passed House, amended, in lieu of H.R. 8157. Nov. 19, Senate
concurred in House amendment.
PUBLIC LAW 96-500, 94 STAT. 2696
Federal employees to obtain review
of certain disability determinations made by the
Office of Personnel Management
under the civil service retirement and disability
system.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) the second
sentence of section 8347(c) of title 5, United States Code, is amended
by striking out " The decisions of the Office" and inserting in lieu
thereof " Except to the extent provided under subsection (d) of this
section, the decisions of the Office".
(b) Section 8347(d) of title 5, United States Code, is amended--,
(1) by striking out " An" and inserting in lieu thereof "(1)
Subject to paragraph (2) of this subsection, an"; and
(2) by adding at the end thereof the following new paragraph:
"(2) In the case of any individual found by the Office to be disabled
in whole or in part on the basis of the individual's mental condition,
and that finding was made pursuant to an application by an agency for
purposes of disability retirement under section 8337(a) of this title,
// 5 USC 8337. // the procedures under section 7701 of this title // 5
USC 7701. // shall apply and the decision of the Board shall be to
subject to judicial review under // 5 USC 7703. // section 7703 of this
title.".
Sec. 2. The amendments made by the first section of this Act // 5
USC 8347. // shall apply with respect to determinations made by the
Office of Personnel Management on or after the first day of the first
month beginning after the date of the enactment of this Act.
Approved December 5, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 1080 (Comm. on Post Office and Civil Service).
SENATE REPORT No. 96 - 1004 (Comm. on Governmental Affairs).
CONGRESSIONAL RECORD, Vol. 126 (1980):
June 16, 17, considered and passed House.
Nov. 14, considered and passed Senate, amended.
Nov. 21, House concurred in Senate amendment.
PUBLIC LAW 96-499, 94 STAT. 2599, OMNIBUS RECONCILIATION ACT OF 1980
the First Concurrent Resolution
on the Budget for the fiscal year 1981.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Section 101. This Act may be cited as the " Omnibus Reconciliation
Act of 1980".
Sec. 102. It is the purpose of this Act to implement the
recommendations which were made by specified committees of the House of
Representatives and the Senate pursuant to directions contained in
section 3 of the First Concurrent Resolution on the Budget for the
fiscal year 1981 (H. Con. Res. 307, 96th Congress), and pursuant to the
reconciliation requirements which were imposed by such concurrent
resolution as provided in section 310 of the Congressional Budget Act of
1974. // 31 USC 1331. //
Sec. 201. (a) Notwithstanding section 4 of the National School Lunch
Act, // 42 USC 1753 // for the fiscal year ending September 30, 1981,
the national average payment per lunch under such Act for such fiscal
year, after being adjusted under section 11(a) of such Act, // 42 USC
1759a. // shall be reduced by 2 cents for any school food authority
under which less than 60 percent of the lunches served in the school
lunch program were served free or at reduced price during the second
preceding school year. The amount of State administrative expense funds
to be made available to the States by the Secretary of Agriculture under
section 7 of the Child Nutrition Act of 1966 // 42 USC 1776. // for the
fiscal year ending September 30, 1983, and the amount of State revenues
appropriated or used for meeting the requirements under section 7 of the
National School Lunch Act // 42 USC 1756. // for the school year ending
June 30, 1982, shall not be reduced because of a reduction in the amount
of Federal funds expended as a result of the preceding sentence. For
the purpose of this section, the term "school food authority" means the
governing body that is responsible for the administration of one or more
schools and has the legal authority to operate a school lunch or school
breakfast program.
(b) Section 7 of the Child Nutrition Act of 1966 // 42 USC 1776. //
is amended by--,
(1) in subsection (e), striking out "and the succeeding fiscal
year" and inserting in lieu thereof "and for the five succeeding
fiscal years"; and
(2) in subsection (i), striking out " September 30, 1980" and
inserting in lieu thereof " September 30, 1984".
Sec. 202. // 42 USC 1755 // (a) For the fiscal year ending September
30, 1981, the national average value of donated foods, or cash payments
in lieu thereof, as determined under section 6(e) of the National School
Lunch Act, // 42 USC 1755. // shall be reduced by 2 cents.
(b) Section 6 of the National School Lunch Act // 42 USC 1755. // is
amended by adding at the end thereof a new subsection (f) as follows:
"(f) Beginning with the school year ending June 30, 1981, the
Secretary shall not offer commodity assistance based upon the number of
breakfasts served to children under section 4 of the Child Nutrition Act
of 1966.". // 42 USC 1773. //
(c) Section 14(a) of the National School Lunch Act // 42 USC 1762a.
// is amended by striking out " September 30, 1982" and inserting in
lieu thereof " September 30, 1984.".
Sec. 203. // 42 USC 1758 // (a) During the fiscal year ending
September 30, 1981, the income poverty guidelines for the purposes of
section 9 of the National School Lunch Act // 42 USC 1758. // shall be
the nonfarm income poverty guidelines prescribed by the Office of
Management and Budget adjusted annually pursuant to section 625 of the
Economic Opportunity Act of 1964 (42 U.S.C. 2971d) for the forty-eight
States.
(b) In computing household income under section 9(b) of the National
School Lunch Act for the fiscal year ending September 30, 1981--,
(1) in States other than Alaska, Hawaii, and Guam, the
Secretary shall allow a standard deduction of $60 each month for
each household, which shall be adjusted to the nearest $5 on July
1, 1980, to reflect changes in the Consumer Price Index for All
Urban Consumers, published by the Bureau of Labor Statistics,
Department of Labor, for items other than food for the period
beginning September 1977 and ending March 1980;
(2) the monthly standard deduction allowed in Alaska shall bear
the same ratio to the standard deduction allowed in the contiguous
States as the applicable income poverty guidelines for Alaska bear
to the applicable income poverty guidelines for such States; and
(3) the monthly standard deduction allowed in Hawaii and Guam
shall bear the same ratio to the standard deduction allowed in the
contiguous States as the applicable income poverty guidelines for
Hawaii bear to the applicable income poverty guidelines for such
States.
(c) For the school year ending June 30, 1981, the Secretary may
prescribe procedures for implementing the revisions in the income
poverty guidelines for free and reduced price lunches contained in this
section that may allow school food authorities to (1) use applications
distributed at the beginning of the school year when making eligibility
determinations based on the revised income poverty guidelines or (2)
distribute new applications containing the revised income poverty
guidelines and make eligibility determinations using the new
applications.
(d) Section 17 of the Child Nutrition Act of 1966 // 42 USC 1786. //
is amended by--,
(1) in subsection (c)(2), striking out "for the fiscal years
ending September 30, 1981, and September 30, 1982" and inserting
in lieu thereof "for the fiscal year ending September 30, 1981,
and for each succeeding fiscal year ending on or before September
30, 1984";
(2) in the first sentence of subsection (g), striking out
"$950,000,000 for the fiscal year ending September 30, 1982" and
inserting in lieu thereof "such sums as may be necessary for the
three subsequent fiscal years"; and
(3) in subsection (h)(2), striking out "1982" and inserting in
lieu thereof "1984".
Sec. 204. (a) Section 11(a) of the National School Lunch Act // 42
USC 1759a. // is amended by striking out in the fifth sentence ":
Provided, That if in any State all schools charge students a uniform
price for reduced-price lunches, and such price is less than 20 cents,
the special assistance factor prescribed for reduced-price lunches in
such State shall be equal to the special assistance factor for free
lunches reduced by either 10 cents or the price charged for
reduced-price lunches in such State, whichever is greater".
(b) During the fiscal year ending September 30, 1981--,
(1) no semiannual adjustment required under the sixth sentence
of section 11(a) of the National School Lunch Act
// 42 USC 1759a. //
shall be made on January 1 of such fiscal year; and
(2) the adjustment required under the second proviso in the
sixth sentence of section 11(a) of the National School Lunch Act
which is to be made on July 1 of such fiscal year shall reflect
the changes in the Consumer Price Index for All Urban Consumers,
published by the Bureau of Labor Statistics, Department of Labor,
for lunches served during the preceding 12-month period.
SCHOOL
LUNCH ACT
Sec. 205. Section 12(d) of the National School Lunch Act // 42 USC
1760. // is amended by inserting in paragraph (6) ", but excluding Job
Corps Centers funded by the Department of Labor" after "retarded".
Sec. 206. Section 13 of the National School Lunch Act // 42 USC
1761. // is amended by--,
(1) amending subsection (b)(2) to read as follows:
"(2) Any service institution may only serve lunch and either
breakfast or a meal supplement during each day of operation, except that
any service institution that is a camp or that serves meals primarily to
migrant children may serve up to four meals during each day of
operation, if (A) the service institution has the administrative
capability and the food preparation and food holding capabilities (where
applicable) to serve more than one meal per day, and (B) the service
period of different meals does not coincide or overlap. The meals that
camps and migrant programs may serve shall include a breakfast, a lunch,
a supper, and meal supplements."; and
(2) in subsection (p), striking out " September 30, 1980" and
inserting in lieu thereof " September 30, 1984".
Sec. 207. (a) Section 17(a) of the National School Lunch Act // 42
USC 1766. // is amended in the second sentence by inserting before the
period at the end thereof the following: "; and such term shall also
mean any other private organization providing nonresidential day care
services for which it receives compensation from amounts granted to the
States under title XX of the Social Security Act". // 42 USC 1397. //
(b) The amendment made by subsection (a) of this section // 42 USC
1766 // shall apply with respect to all fiscal years beginning on or
after October 1, 1980.
Sec. 208. // 42 USC 1766 // (a) During the fiscal year ending
September 30, 1981, in determining the national average payment rate for
supplements served in institutions (other than family or group day care
home sponsoring organizations) participating in the child care food
program under paragraphs (1) through (3) of section 17(c) of the
National School Lunch Act--,
(1) no adjustment under such paragraphs shall be made on
January 1 of such fiscal year; and
(2) the adjustment under such paragraphs required to be made on
July 1 of such fiscal year shall be computed to the nearest
one-fourth cent based on changes, measured over the preceding
twelve-month period for which data are available, in the series
for food away from home of the Consumer Price Index for All Urban
Consumers, published by the Bureau of Labor Statistics, Department
of Labor.
(b) Section 17(c) of the National School lunch Act // 42 USC 1766.
// is amended by inserting the following at the end of paragraphs (1),
(2), and (3): " The average payment rate for supplements served in such
institutions shall be 3 cents lower than the adjusted rate prescribed by
the Secretary in accordance with the adjustment formula contained in
this paragraph.".
(c) Section 17(n)(1) of the National School Lunch Act is amended by
striking out "$6,000,000" and inserting in lieu thereof "$4,000,000".
Sec. 209. // 42 USC 1772. // Section 3 of the Child Nutrition Act of
1966 is amended by inserting the following after the seventh sentence:
" Notwithstanding the preceding two sentences, the rate of reimbursement
per half-pint of milk, which is served to children who are not eligible
for free milk in schools, child care institutions, and summer camps
participating in meal service programs under the National School Lunch
Act and this Act, shall be 5 cents.".
Sec. 210. Notwithstanding section 4(b)(2)(B)(ii) of the Child
Nutrition Act of 1966, in determining the maximum payment for free
breakfasts under such section for the fiscal year ending September 30,
1981--,
(1) no adjustment under such section shall be made on January 1
of such fiscal year; and
(2) the adjustment under such section required to be made on
July 1 of such fiscal year shall be computed to the nearest
one-fourth cent based on changes, measured over the preceding
twelve-month period for which data are available, in the series
for food away from home of the Consumer Price Index for All Urban
Consumers, published by the Bureau of Labor Statistics, Department
of Labor.
Sec. 211. Section 5 of the Child Nutrition Act of 1966 // 42 USC
1774. // is amended by--,
(1) amending subsection (a) to read as follows:
"(a) There is authorized to be appropriated $15,000,000 for the
fiscal year ending September 30, 1981, $30,000,000 for the fiscal year
ending September 30,1982, $35,000,000 for the fiscal year ending
September 30,1983, and $40,000,000 for each succeeding fiscal year, to
enable the Secretary to formulate and carry out a program to assist the
States through grants-in-aid and other means to supply schools drawing
attendance from areas in which poor economic conditions exist with
equipment, other than land or buildings, for the storage, preparation,
transportation, and serving of food to enable such schools to establish,
maintain, and expand school food service programs. In the case of a
nonprofit private school, such equipment shall be for use of such school
principally in connection with child feeding programs authorized in this
Act and in the National School Lunch Act."; // 42 USC 1751 // and
(2) in subsection (e), striking out "fiscal years ending
September 30, 1978, September 30, 1979, and September 30, 1980"
and inserting in lieu thereof "fiscal year ending September 30,
1978, and for each succeeding fiscal year ending on or before
September 30, 1984";
NUTRITION ACT OF
1966
Sec. 212. Section 15(c) of the Child Nutrition Act of 1966 // 42 USC
1784. // is amended by inserting ", but excluding Job Corps Centers
funded by the Department of Labor" after "retarded".
Sec. 213. Section 19(j)(2) of the Child Nutrition Act of 1966 // 42
USC 1788. // amended by--,
(1) striking out " For the fiscal year beginning October 1,
1979" and inserting in lieu thereof " For the fiscal year ending
September 30, 1980, and for each succeeding fiscal year ending on
or before September 30, 1984";
(2) inserting after the first sentence the following: " For
the fiscal year beginning October 1, 1980, and subsequent fiscal
years, there is authorized to be appropriated for the grants
referred to in the preceding sentence not more than $15,000,000.";
and
(3) striking out "preceding sentence" and inserting in lieu
thereof "second preceding sentence".
Sec. 301. For other provisions of law which reduce spending for
fiscal year 1981 in satisfaction of the reconciliation requirements
imposed by section 3(a)(2) and 3(a)(18) of H. Con. Res. 307 (96th
Congress), see the Education Amendments of 1980 (Public Law 96 - 374).
DEFAULTED ON
STUDENT LOANS
Sec. 302. (a) Paragraph (4) of section 6103(m) of the Internal
Revenue Code of 1954 // 26 USC 6103. // (relating to individuals who
have defaulted on student loans) is amended to read as follows:
"(4) Individuals who have defaulted on student loans.--,
address
of any taxpayer who has defaulted on a loan--,
// 20 USC 1071, 1088. //
or
// 22 USC 2602. //
to a student at an
institution of higher education,
for use only by officers, employees, or agents of the
Department
of Education for purposes of locating such taxpayer for
purposes of collecting such loan.
may be
disclosed by the Secretary of Education to--,
IV of
the Higher Education Act of 1965,
// 20 USC 1071. //
or
Secretary
of Education has an agreement under part E of title
IV of such Act,
// 20 USC 1088. //
for use only by officers, employees, or agents of such
lender,
guarantee agency, or institution whose duties relate to
the
collection of student loans for purposes of locating
individuals
who have defaulted on student loans made under such
loan programs for purposes of collecting such loans.".
(b) The first sentence of section 7213(a)(2) of such Code // 26 USC
7213. // (relating to unauthorized disclosure of information by State
and other employees) is amended to read as follows: " It shall be
unlawful for any person (not described in paragraph (1)) willfully to
disclose to any person, except as authorized in this title, any return
or return information (as defined in section 6103(b)) // 26 USC 6103.
// acquired by him or another person under subsection (d), (1) (6) or
(7), or (m)(4) of section 6103.".
(c) The amendments made by subsections (a) and (b) of this section //
26 USC 6103 // shall take effect on the date of the enactment of this
Act.
PRORATION OF
INITIAL ADJUSTMENT
Sec. 401. (a) Section 8340(c) of title 5, United States Code,
relating to cost-of-living adjustments, is amended--,
(1) by striking out paragraph (1) thereof; and
(2) by inserting in lieu thereof the following new paragraph:
"(1) The first increase (if any) made under subsection (b) of
this section to an annuity which is payable from the Fund to an
employee or Member who retires, or to the widow or widower of a
deceased employee or Member, shall be equal to the product
(adjusted to the nearest 1/10 of 1 percent) of--,
month).".
(b)(1) The amendment made by subsection (a)(1) // 5 USC 8340 // shall
apply with respect to annuities commencing after the 45th day after the
date of the enactment of this Act.
(2) The amendment made by subsection (a)(2) shall take effect with
respect to any annuity increase which takes effect after the date of the
enactment of this Act.
LUMP-SUM
LEAVE PAYMENTS
Sec. 402. (a) Section 5551(a) of title 5, United States Code,
relating to lump-sum payment at separation for accumulated leave, is
amended by adding at the end thereof the following new sentence: " The
period of leave used for calculating the lump-sum payment shall not be
extended due to any holiday occurring after separation.".
(b) The amendment made by subsection (a) // 5 USC 5551 // shall take
effect on the date of the enactment of this Act and shall apply to
employees separating from the service on or after such date.
Sec. 403. (a) Section 8337(a) of title 5, United States Code,
relating to disability retirement, is amended to read as follows:
"(a) An employee who completes 5 years of civilian service and has
become disabled shall be retired on the employee's own application or on
application by the employee's agency. Any employee shall be considered
to be disabled only if the employee if found by the Office of Personnel
Management to be unable, because of disease or injury, to render useful
and efficient service in the employee's position and is not qualified
for reassignment, under procedures prescribed by the Office, to a vacant
position which is in the agency at the same grade or level and in which
the employee would be able to render useful and efficient service. For
the purpose of the preceding sentence, an employee of the United States
Postal Service shall be considered not qualified for a reassignment
described in that sentence if the reassignment is to a position in a
different craft or is inconsistent with the terms of a collective
bargaining agreement covering the employee. A Member who completes 5
years of Member service and is found by the Office to be disabled for
useful and efficient service as a Member because of disease or injury
shall be retired on the Member's own application. An annuity authorized
by this section is computed under section 8339(g) of this title, unless
the employee or Member is eligible for a higher annuity computed under
section 8339(a)-(e) or (n).".
(b) Section 8331 of title 5, United States Code, is amended by
striking out paragraph (6).
(c) The amendments made by this section // 5 USC 8331 // shall take
effect on the 90th day after the date of the enactment of this Act.
Sec. 404. (a) Section 8339(g) of title 5, United States Code, is
amended by adding at the end thereof the following: " However, if an
employee or Member retiring under section 8337 of this title // 5 USC
8337. // is receiving retired pay or retainer pay for military service
(except that specified in section 8332(c) (1) or (2) of this title) // 5
USC 8332. // or Veterans' Adminstration pension or compensation in lieu
of such retired or retainer pay, the annuity of that employee or Member
shall be computed under subsection (a), (b), or (c) of this section, as
appropriate, excluding credit for military service from that
computation. If the amount of the annuity so computed, plus the retired
or retainer pay which is received, or which would be received but for
the application of the limitation in section 5532 of this title, // 5
USC 5532. // or THE Veterans' Administration pension or compensation in
lieu of such retired or retainer pay, is less than the smaller of the
annuity otherwise payable under paragraph (1) or (2) of this subsection,
an amount equal to the difference shall be added to the annuity payable
under subsection (a), (b), or (c) of this section, as appropriate.".
(b) Section 8347 of title 5, United States Code, is amended by adding
at the end thereof the following new subsection:
"(m) Notwithstanding any other provision of law, for the purpose of
ensuring the accuracy of information used in the administration of this
chapter, at the request of the Director of the Office of Personnel
Management--,
"(1) the Secretary of Defense or the Secretary's designee shall
provide information on retired or retainer pay provided under
title 10;
// 10 USC 101. //
and
"(2) the Administrator of Veterans Affairs shall provide
information on pensions or compensation provided under title 38.
// 38 USC 101. // The Director shall request only such information as
the Director determines is necessary. The Director, in consultation
with the officials from whom information is requested, shall establish,
by regulation and otherwise, such safeguards as are necessary to ensure
that information made available under this subsection is used only for
the purpose authorized.".
(c) The amendments made by this section // 5 USC 8339 // shall take
effect on the date of the enactment of this Act.
TAXATION
Sec. 405. (a) Section 8714 of title 5, United States Code, relating
to Employees' Life Insurance Fund, is amended by adding at the end
thereof the following new subsection:
"(c)(1) No tax, fee, or other monetary payment may be imposed or
collected by any State, the District of Columbia, or the Commonwealth of
Puerto Rico, or by any political subdivision or other governmental
authority thereof, on, or with respect to, any premium paid under an
insurance policy purchased under this chapter.
"(2) Paragraph (1) of this subsection shall not be construed to
exempt any company issuing a policy of insurance under this chapter from
the imposition, payment, or collection of a tax, fee, or other monetary
payment on the net income or profit accruing to or realized by that
company from business conducted under this chapter, if that tax, fee, or
payment is applicable to a broad range of business activity.".
(b) The amendment made by subsection (a) // 5 USC 8714. // shall
take effect on the date of the enactment of this Act, and shall apply
with respect to premiums paid on or after such date.
Sec. 411. Section 2401(b)(1)(C) of title 39, United States Code, is
amended by striking out "an amount equal to 8 percent of such sum for
fiscal year 1971" and inserting in lieu thereof "$486,000,000".
Sec. 412. During the period from the date of enactment of this Act
until October 1, 1981, the Postal Service shall take no action to reduce
or to plan to reduce during that period of time the number of days each
week for regular mail delivery.
Sec. 413. (a) Notwithstanding the provisions of sections 2401(c) and
3626 of title 39, United States Code, the authorization for
appropriations for fiscal year 1981 for revenue foregone for mail matter
described in former sections 4452 (b) and (c) of title 39, United States
Code, shall be $50,000,000 less than would be authorized if this section
were not enacted.
(b) The reduction in authorization made by subsection (a) of this
section may be deemed a failure of appropriation for the purposes of
section 3627 of title 39, United States Code.
Sec. 414. (a) Section 2401(c) of title 39, United States Code, is
amended by adding at the end thereof the following new sentence: " In
requesting an appropriation under this subsection for a fiscal year, the
Postal Service shall include an amount to reconcile sums authorized to
be appropriated for prior fiscal years on the basis of estimated mail
volume with sums which would have been authorized to be appropriated if
based on the final audited mail volume.".
(b) The request for a reconciliation appropriation described in
subsection (a) of this section which was submitted by the Postal Service
for fiscal year 1981 shall be resubmitted for fiscal year 1982.
Sec. 415. The provisions of this subtitle, // 59 USC 2401 //
including the amendments made by this subtitle, shall take effect on the
date of the enactment of this Act.
Sec. 421. (a) Subsection (a) of section 8146a of title 5, United
States Code, is amended to read as follows:
"(a) Compensation payable on account of disability or death which
occurred more than one year before March 1 of each year shall be
annually increased on that date by the amount determined by the
Secretary of Labor to represent the percent change in the price index
published for December of the preceding year over the price index
published for the December of the year prior to the preceding year,
adjusted to the nearest one-tenth of 1 percent.".
(b) Section 8101 of title 5, United States Code, is amended by
striking out paragraph (19), and by redesignating paragraphs (20) and
(21) as paragraphs (19) and (20), respectively.
Sec. 422. The amendments made by section 421 // 5 USC 8101 // shall
take effect on the date of the enactment of this Act with respect to any
adjustments which are to be made on or after that date; except that the
period specified in such section as extending from December to December
shall, with respect to the adjustment to be made on March 1, 1981,
extend instead from the last month in which the price index resulted in
an adjustment prior to enactment to December of 1980.
Sec. 501. Notwithstanding any other provision of law, the total of
all obligations for " State and Community Highway Safety" (23 U.S.C.
402) for the fiscal year ending September 30, 1981, shall not exceed
$150,405,000.
Sec. 511. If the Senate and the House of Representatives approve a
conference report on the bill (S. 1159) to authorize appropriations for
the National Traffic and Motor Vehicle Safety Act of 1966 // 15 USC 1381
// and the Motor Vehicle Information and Cost Savings Act, // 15 USC
1901 // and for other purposes, which includes an authorization for
fiscal year 1981 pursuant to section 121 of the National Traffic and
Motor Vehicle Safety Act of 1966 // 15 USC 1409. // that exceeds
$53,800,000, then the Secretary of the Senate is directed to include the
following provision in the enrolled copy of such bill: " Of the funds
authorized to be appropriated pursuant to section 121 of the National
Traffic Motor Vehicle Safety Act of 1966 (15 U.S.C. 1409) not more than
$53,800,000 is authorized to be appropriated in fiscal year 1981.".
Sec. 512. (a) For provisions of law which reduce spending for fiscal
year 1981 under the railroad rehabilitation and improvement financing
program established under title V of the Railroad Revitalization and
Regulatory Reform Act of 1976 // 45 USC 821. // in satisfaction of the
reconciliation requirements imposed by sections 3( a)(3) and 3(a)(13) of
H. Con. Res. 307 (96th Congress), see the Staggers Rail Act of 1980
(Public Law 96 - 448).
(b) For provisions of law which further reduce spending for fiscal
year 1981 in satisfaction of the reconciliation requirements imposed by
sections 3(a)(3) and 3(a)(13) of H. Con. Res. 307 (96th Congress), see
the Passenger Railroad Rebuilding Act of 1980 (Public Law 96 - 254).
Sec. 601. Notwithstanding any other provision of law, the total
amount of grants which the Secretary is authorized to make from the
Airport and Airway Trust Fund for airport development and airport
planning and for grants under section 104(e) of the Airport Safety and
Noise Abatement Act of 1979, as amended, for the fiscal year ending
September 30, 1981, shall not exceed $725,000,000.
Sec. 701. For provisions of law which reduce spending for fiscal
year 1981 in veterans' programs in satisfaction of the reconciliation
requirements imposed by sections 3(a)(7) and 3(a)(20) of H. Con. Res.
307 (96th Congress), see section 401 of the Veterans' Administration
Health-Care Amendments of 1980 (Public Law 96 - 330), section 504 of the
Veterans' Disability Compensation and Housing Benefits Amendments of
1980 (Public Law 96 - 385), and sections 201, 202, 211, 212, and 802(b),
and title VI, of the Veterans' Rehabilitation and Education Amendments
of 1980 (Public Law 96 - 466).
Sec. 801. For provisions of law which reduce spending for fiscal
1981 in small business programs in satisfaction of the reconcilation
requirements imposed by sections 3(a)(6) and 3(a)(19) of H. Con. Res.
307 (96th Congress), see Public Law 96 - 302 (the Small Business
Development Act of 1980).
Sec. 900. This title // 42 USC 1305 // may be cited as the "
Medicare and Medicaid Amendments of 1980".
Sec. 900. Short title; table of contents of title.
Sec. 901. Nonprofit hospital philanthropy.
Sec. 902. Reimbursement for inappropriate inpatient hospital
services.
Sec. 903. Continued use of demonstration project reimbursement
systems.
Sec. 904. Hospital providers of long-term care services
("swing-beds").
Sec. 905. Withholding of Federal share of payments to medicaid
providers to recover medicare overpayments.
Sec. 911. Quality assurance programs for clinical laboratories.
Sec. 912. Requirements concerning reporting of financial interest.
Sec. 913. Exclusion of health care professionals convicted of
medicare- or medicaid-related crimes.
Sec. 914. Coordinated audits under the Social Security Act.
Sec. 915. Life safety code requirements.
Sec. 916. Alternative to decertification of long-term care
facilities out of compliance with conditions of participation; look
behind authority.
Sec. 917. Criminal standards for certain medicare- and
medicaid-related crimes.
Sec. 918. Reimbursement of clinical laboratories.
Sec. 919. Study of need for dual participation of skilled nursing
facilities.
Standards Review Organizations
(PSRO's)
Sec. 921. Expanded membership of professional standards review
organizations.
Sec. 922. Registered nurse and dentist membership on statewide
council advisory group.
Sec. 923. Nonphysician membership on national professional standards
review council.
Sec. 924. Required activities of professional standards review
organizations.
Sec. 925. Efficiency in delegated review.
Sec. 926. Review of routine hospital admission services and
preoperative hospital stays by professional standards review
organizations.
Sec. 927. Consultation by professional standards review
organizations with health care practitioners.
Sec. 928. Response of professional standards review organizations to
freedom of information act requests.
Sec. 929. Study of professional standards review organizations
norms, standards, and criteria.
Sec. 930. Home health services.
Sec. 931. Alcohol detoxification facility services.
Sec. 932. Preadmission diagnostic testing.
Sec. 933. Comprehensive outpatient rehabilitation facility services.
Sec. 934. Outpatient surgery.
Sec. 935. Outpatient physical therapy services.
Sec. 936. Dentists' services.
Sec. 937. Optometrists' services.
Sec. 938. Antigens.
Sec. 939. Treatment of plantar warts.
Provisions
Sec. 941. Presumed coverage provisions.
Sec. 942. Payment to providers of services.
Sec. 943. Limitation on payments to radiologists and pathologists.
Sec. 944. Physician treatment plan for speech pathology.
Sec. 945. Reenrollment and open enrollment in part B.
Sec. 946. Determination of reasonable charge.
Sec. 947. Shortened part B termination period for certain
individuals whose premiums medicaid has ceased to pay.
Sec. 948. Reimbursement of physicians' services in teaching
hospitals.
Sec. 949. Flexibility in application of standards to rural
hospitals.
Sec. 950. Hospital transfer requirement for skilled nursing facility
coverage.
Sec. 951. Certification and utilization review by podiatrists.
Sec. Access to books and records of subcontractors.
Sec. 953. Medicare liability secondary where payment can be made
under liability or no fault insurance.
Sec. 954. Payment for physicians' services where beneficiary has
died.
Sec. 955. Provider reimbursement review board.
Sec. 956. Payment where beneficiary not at fault.
Sec. 957. Technical renal disease amendments.
Sec. 958. Studies and demonstration projects.
Sec. 959. Temporary delay in periodic interim payments.
Sec. 961. Disputed medicaid claims.
Sec. Reimbursement rates under medicaid for skilled nursing and
intermediate
care facility services.
Sec. 963. Extension of increased funding for State medicaid fraud
control units.
Sec. 964. Change in calendar quarter for which satisfactory
utilization review must be shown to receive waiver of medicaid
reduction.
Sec. 965. Reimbursement under medicaid for services furnished by
nurse-midwives.
Sec. 966. Demonstration projects relating to the training of AFDC
recipients as home health aides.
Sec. 901. (a) Part A of title XI of the Social Security Act is
amended by adding at the end thereof the following new section:
" Sec. 1134. // 42 USC 1320b-4. // For purposes of determining,
under titles V, XVIII, and XIX of this Act, // 42 USC 701, 1395, 1396.
// the reasonable costs of services provided by nonprofit hospitals, the
following items shall not be deducted from the operating costs of such
hospitals:
"(1) A grant, gift, or endowment, or income therefrom, which is
to or for such a hospital and which has not been designated by the
donor for paying any specific operating costs.
"(2) A grant or similar payment which is to such a hospital,
which was made by a governmental entity, and which is not
available under the terms of the grant or payment for use as
operating funds.
"(3) Those types of donor designated grants and gifts
(including grants and similar payments which are made by a
governmental entity), and income therefrom, which the Secretary
determines, in the best interests of needed health care, should be
encouraged.
"(4) The proceeds from the scale or mortagge of any real estate
or other capital asset of such a hospital, which real estate or
asset the hospital acquired through gift or grant, if such
proceeds are not available for use as operating funds under the
terms of the gift or grant.
Paragraph (4) shall not apply to the recovery of the appropriate share
of depreciation when gains or losses are realized from the disposal of
depreciable assets.".
(b) The amendment made by subsection (a) // 42 USC 1320b-4 // shall
apply to grants, gifts, and endowments, and income therefrom, made or
established after the date of the enactment of this Act.
SERVICES
Sec. 902. (a)(1) Section 1861(v)(1) of the Social Security Act // 42
USC 1395x. // is amended by adding at the end thereof the following new
subparagraph:
"(G)(i) In any case in which a hospital provides inpatient services
to an individual that would constitute post-hospital extended care
services if provided by a skilled nursing facility and a Professional
Standards Review Organization (or, in the absence of such a qualified
organization, an organization or agency with review responsibility as is
otherwise provided for under part A of title XI) // 42 USC 1301. //
determines that inpatient hospital services for the individual are not
medically necessary but post-hospital extended care services for the
individual are medically necessary and such extended care services are
not otherwise available to the individual (as determined in accordance
with criteria established by the Secretary) at the time of such
determination, payment for such services provided to the individual
shall continue to be made under this title at the payment rate described
in clause (ii) during the period in which--,
"(I) such post-hospital extended care services for the
individual are medically necessary and not otherwise available to
the individual (as so determined),
"(II) inpatient hospital services for the individual are not
medically necessary, and
"(III) the individual is entitled to have payment made for
post-hospital extended care services under this title,
except that if the Secretary determines that the hospital had (during
the immediately preceding calendar year) an average daily occupancy rate
of 80 percent or more, such payment shall be made (during such period)
on the basis of the reasonable cost of inpatient hospital services.
"(ii)(I) Except as provided in subclause (II), the payment rate
referred to in clause (i) is a rate equal to the estimated adjusted
Statewide average rate per patient-day paid for services provided in
skilled nursing facilities under the State plan approved under title XIX
// 42 USC 1396. // for the State in which such hospital is located, or,
if the State in which the hospital is located does not have a State plan
approved under title XIX, the estimated adjusted State-wide average
allowable costs per patient-day for extended care services under this
title in that State.
"(II) If a hospital has a unit which is a skilled nursing facility,
the payment rate referred to in clause (i) for the hospital is a rate
equal to the lesser of the rate described in subclause (I) or the
allowable costs in effect under this title for extended care services
provided to patients of such unit.
"(iii) Any day on which an individual receives inpatient services for
which payment is made under this subparagraph shall, for purposes of
this Act (other than this subparagraph), be deemed to be a day on which
the individual received inpatient hospital services.
"(iv) For the purpose of determining the occupancy rate with respect
to hospitals under clause (i)--,
"(I) public hospitals under common ownership may elect (with
the approval of the Secretary) to be treated as a single hospital,
and
"(II) beginning two years after the date this subparagraph is
first applied with respect to a hospital, the Secretary, to the
extent feasible, shall not treat as an inpatient an individual
with respect to whom payment is made to the hospital only because
of this subparagraph or section 1902(h).".
// 42 USC 1396a. //
(2) For amendment to section 1158(a) of the Social Security Act
relating to these provisions, see section 931(h) of this title.
(3) Section 1158(d) of such Act // 42 USC 1320c.7. // is amended by
adding at the end the following new sentence: " In the case of
disapproval of inpatient hospital services where payment for inpatient
services is continued under section 1861(v)(1)(G) or section 1902(h),
the previous sentence shall not apply with respect to such
disapproval.".
(b)(1) Section 1902(a)(13)(D) of such Act // 42 USC 1396a. // is
amended--,
(A) by inserting "(i)" after "(D)",
(B) by striking out the semicolon and inserting in lieu thereof
a comma, and
(C) by inserting at the end thereof the following new clause:
"(ii) for payment of the reasonable cost of inappropriate
inpatient services (described in subsection (h)(1) for which
payment is provided only because of subsection (h) at the rate of
payment for such services provided for under such subsection,
and".
(2) Section 1902 of such Act // 42 USC 1396a. // is further amended
by adding at the end the following new subsection:
"(h)(1) In any case in which a hospital provides inpatient services
to an individual that would constitute skilled nursing facility services
if provided by a skilled nursing facility or that would constitute
intermediate care facility services if provided by an intermediate care
facility and a Professional Standards Review Organization (or, in the
absence of such a qualified organization, an organization or agency with
review responsibility as is otherwise provided for under part A of title
XI) // 42 USC 1301. // determines that inpatient hospital services for
the individual are not medically necessary but skilled nursing facility
services or intermediate care facility services, respectively, for the
individual are medically necessary and such type of facility services
are not otherwise available to the individual (as determined in
accordance with criteria established by the Secretary) at the time of
such determination, payment for inpatient hospital services shall
continue to be made under the State plan approved under this title at
the payment rate described in paragraph (2) for such type of services
during the period in which--,
"(A) such skilled nursing facility services or intermediate
care facility services (as the case may be) for the individual are
medically necessary and not otherwise available to the individual
(as so determined),
"(B) inpatient hospital services for the individual are not
medically necessary, and
"(C) the individual is entitled to receive medical assistance
with respect to such facility services under the State plan,
except that if the Secretary determines that the hospital had (during
the immediately preceding calendar year) an average daily occupancy rate
of 80 percent or more, such payment shall be made (during such period)
on the same basis as otherwise used under the State's plan for payments
for providing inpatient hospital services.
"(2)(A) Except as provided in subparagraph (B), the payment rate
referred to in paragraph (1), in the case of skilled nursing facility
services or intermediate care facility services, is the estimated
adjusted State-wide average rate per patient-day paid for such
respective type of services provided under the State plan.
"(B) If a hospital has a unit which is a skilled nursing facility or
intermediate care facility, the payment rate referred to in paragraph
(1), in the case of inpatient services which constitute skilled nursing
facility services or intermediate care facility services, is a rate
equal to the lesser of the rate described in subparagraph (A) or the
allowable costs in effect under the State plan for such type of
inpatient services provided to patients of such unit.
"(3) Any day on which an individual receives inpatient services for
which payment is made under this subsection shall, for purposes of this
Act (other than this subsection), be deemed to be a day on which the
individual received inpatient hospital services.
"(4) For the purpose of determining the occupancy rate with respect
to hospitals under paragraph (2)--,
"(A) public hospitals under common ownership may elect (with
the approval of the Secretary) to be treated as a single hospital,
and
"(B) beginning two years after the date this subsection is
first applied with respect to a hospital, the Secretary, to the
extent feasible, shall not treat as an inpatient an individual
with respect to whom payment is made to the hospital only because
of this subsection or section 1861(v)(1)(G).".
(c) The amendments made by this section // 42 USC 1320c-7 // shall
become effective on the date of which final regulations, promulgated by
the Secretary to implement such amendments, are first issued; and those
regulations shall be issued not later than the first day of the sixth
month following the month in which this Act is enacted.
SYSTEMS
Sec. 903. (a) Section 1814(b) of the Social Security Act // 42 USC
1395f. // is amended--,
(1) by inserting "except as provided in paragraph (3)," in
paragraph (1) before "the lesser",
(2) by striking out "or" at the end of paragraph (1),
(3) by striking out the period at the end of paragraph (2) and
inserting in lieu thereof "; or", and
(4) by adding at the end thereof the following new paragraph:
"(3) if some or all of the hospitals in a State have been
reimbursed for services (for which payment may be made under this
part) pursuant to a reimbursement system approved as a
demonstration project under section 402 of the Social Security
Amendments of 1967
// 42 USC 1395b-1, 1395ll. //
or section 222 of the Social Security Amendments of 1972,
// 42 USC 1395b-1 and note, 1395ll. //
if the rate of increase in such hospitals in their costs per
hospital inpatient admission of individuals entitled to benefits
under this part over the duration of such project was equal to or
less than such rate of increase for admissions of such individuals
with respect to all hospitals in the United States during such
period, and if either the State has legislative authority to
operate such system and the State elects to have reimbursement to
such hospitals made in accordance with this paragraph or the
system is operated through a voluntary agreement of hospitals and
such hospitals elect to have reimbursement to those hospitals made
in accordance with this paragraph, then the Secretary may provide
for continuation of reimbursement to such hospitals under such
system until the Secretary determines that--,
period
in such hospitals in costs per hospital inpatient
admission of
individuals entitled to benefits under this part is
greater
than such rate of increase for admissions of such
individuals
with respect to all hospitals in the United States
for such
period.
In the case of any State which has had such a demonstration project
reimbursement system in continuous operation since July 1, 1977, the
Secretary shall provide under paragraph (3) for continuation of
reimbursement to hospitals in the State under such system until the
Secretary determines that either of the conditions described in
subparagraph (A) or (B) of such paragraph has occurred.".
(b) Section 1902(a)(13)(D)(i) of such Act, // 42 USC 1396a. // as
amended by section 902(b)(1) of this title, is amended by inserting
after "title XVIII" the following: ", except that in the case of
hospitals reimbursed for services under part A of title XVIII // 42 USC
1395. // in accordance with section 1814(b)(3), the plan must provide
for payment of inpatient hospital services provided in such hospitals
under the plan in accordance with the reimbursement system used under
such section".
(c) Notwithstanding any other provision of law, the Secretary of
Health and Human Services (hereinafter in this title // 42 USC 1395b-1
// referred to as the " Secretary") may not provide for more than a
total of six Statewide medicare hospital reimbursement demonstration
projects under the authority of section 402 of the Social Security
Amendments of 1967 or of section 222 of the Social Security Amendments
of 1972, // 42 USC 1395b-1 // including any such projects provided for
before the date of the enactment of this Act.
(" SWING-BEDS")
Sec. 904. (a)(1) Title XVIII of the Social Security Act is amended
by adding after section 1882 the following new section:
" Sec. 1883. // 42 USC 1395 tt. // (a)(1) Any hospital (other than a
hospital which has in effect a waiver under subparagraph (A) of the last
sentence of section 1861(e)) which has an agreement under section 1866
may (subject to subsection (b)) enter into an agreement with the
Secretary under which its inpatient hospital facilities may be used for
the furninshing of services of the type which, if furnished by a skilled
nursing facility, would constitute extended care services.
"(2)(A) Notwithstanding any other provision of this title, payment to
any hospital for services furnished under an agreement entered into
under this section shall be based upon the reasonable cost of the
services as determined under subparagraph (B).
"(B)(i) The reasonable cost of the services consists of the
reasonable cost of routine services (determined under clause (ii)) and
the reasonable cost of ancillary services (determined under clause
(iii)).
"(ii) The reasonable cost of routine services furnished during any
calendar year by a hospital under an agreement under this section is
equal to the product of--,
"(I) the number of patient-days during the year for which the
services were furnished, and
"(II) the average reasonable cost per patient-day, such average
reasonable cost per patient-day being the average rate per
patient-day paid for routine services during the previous calendar
year under the State plan (of the State in which the hospital is
located) under title XIX
// 42 USC 1396. //
to skilled nursing facilities located in the State and which meet
the requirements specified in section 1902(a)(28),
// 42 USC 1396a. //
or, in the case of a hospital located in a State w