PUBLIC LAW 96-107, 93 STAT. 803, DEPARTMENT OF DEFENSE AUTHORIZATION ACT, 1980

96th CONGRESS, S. 428 NOVEMBER 9, 1979
An Act To authorize appropriations for fiscal year 1980 for

procurement of aircraft, missiles,

naval vessels, tracked combat vehicles, torpedoes, and

other weapons and

for research, development, test, and evaluation for the

Armed Forces, to prescribe

the authorized personnel strength for each active duty

component and the Selected

Reserve of each Reserve component of the Armed

Forces and for civilian

personnel of the Department of Defense, to authorize

the military training student

loads, to authorize appropriations for fiscal year 1980

for civil defense, 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 " Department of Defense Authorization Act, 1980".

TITLE I--PROCUREMENT AUTHORIZATION OF APPROPRIATIONS

SEC. 101. Funds are hereby authorized to be appropriated for fiscal year 1980 for the use of the Armed Forces of the United States for procurement of aircraft, missiles, naval vessels, tracked combat vehicles, torpedoes, and other weapons, as authorized by law, in amounts as follows:

AIRCRAFT

For aircraft: for the Army, $1,002,600,000; for the Navy and the Marine Corps, $4,534,900,000; for the Air Force, $7,842,340,000.

MISSILES

For missiles: for the Army, $1,202,900,000; for the Navy, $1,575,100,000; for the Marine Corps, $20,500,000; for the Air Force, $2,263,800,000.

NAVAL VESSELS

For naval vessels: for the Navy, $6,706,800,000.

TRACKED COMBAT VEHICLES

For tracked combat vehicles: for the Army, $1,679,000,000; for the Marine Corps, $13,000,000.

TORPEDOES

For torpedoes and related support equipment: for the Navy, $336,800,000.

OTHER WEAPONS

For other weapons: for the Army, $170,500,000; for the Navy, $153,000,000; for the Marine Corps, $25,200,000.

REPORT ON B-52 AIRCRAFT MODIFICATION PROGRAM

SEC. 102. Of the amount authorized to be appropriated under section 101 for procurement of aircraft for the Air Force, $431,900,000 is authorized for the procurement of avionics and cruise missile integration for the B-52 aircraft modification program subject to the condition that the Secretary of Defense provide to the Congress at the earliest possible date, and not later than November 30, 1979, a report on--,

(1) all uncertainties in the effectiveness of the B-52 aircraft as a cruise missile carrier over the next decade, including any degradation of defense penetration capabilities of the B-52 aircraft which could result from possible air defense advances by the Soviet Union; and

(2) the requirement for maintaining the defense penetration capability of the B-52 aircraft and the options available during the next decade to maintain such capability.

AUTHORIZATION OF APPROPRIATIONS FOR CONTRIBUTION TO

AIRBORNE

WARNING AND CONTROL SYSTEM (AWACS) FOR NATO

SEC. 103. There is authorized to be appropriated for fiscal year 1980 the sum of $243,100,000 to be available only for contribution by the United States of its share of the cost for such fiscal year of the acquisition by the North Atlantic Treaty Organization of the Airborne Early Warning and Control System (AWACS).

CERTAIN AUTHORITY PROVIDED SECRETARY OF DEFENSE IN

CONNECTION

WITH THE NATO AIRBORNE WARNING AND CONTROL

SYSTEM (AWACS)

PROGRAM

SEC. 104. (a) During fiscal year 1980, the Secretary of Defense, in carrying out the Multilateral Memorandum of Understanding Between the North Atlantic Treaty Organization (NATO) Ministers of Defence on the NATO E-3 A Cooperative Programme, signed by the Secretary of Defense on December 6, 1978, may--,

(1) waive reimbursement for the cost of the following functions performed by personnel other than personnel employed in the United States Air Force Airborne Warning and Control System (AWACS) program office:

(A) auditing; (B) quality assurance; (C) codification; (D) inspection; (E) contract administration; (F) acceptance testing; (G) certification services; and (H) planning, programming, and management services;

(2) waive any surcharge for administrative services otherwise chargeable; and

(3) in connection with the NATO E-3 A Cooperative Programme for fiscal year 1980, assume contingent liability for--,

(A) program losses resulting from the gross negligence of any contracting officer of the United States; (B) identifiable taxes, customs duties, and other charges levied within the United States on the program; and (C) the United States share of the unfunded termination liability.

(b) Authority under this section to enter into contracts shall be effective for any fiscal year only to such extent or in such amounts as are provided in appropriation Acts.

TITLE II-- RESEARCH, DEVELOPMENT, TEST, AND EVALUATION AUTHORIZATION OF APPROPRIATIONS

SEC. 201. Funds are hereby authorized to be appropriated for fiscal year 1980 for the use of the Armed Forces of the United States for research, development, test, and evaluation, as authorized by law, in amounts as follows:

For the Army, $2,866,461,000, of which $3,000,000 is authorized only for the performance and completion of a feasibility demonstration of launching Heliborne Missiles (HELLFIRE) from UH-60 helicopters.

For the Navy (including the Marine Corps), $4,542,992,000, of which (1) $60,000,000 is authorized only for the continued research, development, test, and evaluation of the 3,000-ton prototype Surface Effect Ship (SES), and (2) $30,000,000 is authorized only for joint Navy/ Air Force full-scale engineering development of the Air-to-Ground Standoff Missile system which is to be available for production on or before December 31, 1984.

For the Air Force, $4,994,046,000, of which (1) $670,000,000 is authorized only for the concurrent full-scale engineering development of the missile basing mode known as the Multiple Protective Structure (MPS) system and the MX missile, as provided in section 202 of the Department of Defense Supplemental Appropriation Authorization Act, 1979 (Public Law 96 - 29), and (2) $30,000,000 is authorized only for the research, development, test, and evaluation required for competitive hardware demonstration of the Strategic Weapons Launcher and a derivative of a military aircraft or a commercial aircraft, in order to establish not later than September 30, 1981, the utility of these aircraft as cruise missile carriers.

For the Defense Agencies, $1,110,618,000, of which $42,500,000 is authorized for the activities of the Director of Test and Evaluation, Defense.

REPORT ON NEW BASING MODE FOR INTERCONTINENTAL

BALLISTIC

MISSILES

SEC. 202. The Secretary of Defense shall submit to the Congress in writing, not later than March 1, 1980, a report evaluating in detail the ability of the basing mode for land-based intercontinental ballistic missiles known as the Multiple Protective Structure (MPS) system to survive foreseeable attempts by the Soviet Union to neutralize such system.

RESTRICTION ON THE USE OF FUNDS FOR DEVELOPMENT

OF THE

EXTREMELY LOW FREQUENCY COMMUNICATION SYSTEM

SEC. 203. None of the funds authorized to be appropriated by this Act for the development of the Extremely Low Frequency (ELF) communication system may be obligated or expended for the development of such system unless the President certifies to the Congress in writing that the use of funds for such purpose is in the national interest, that a site has been selected for the deployment of such system, and that the President has approved such site for the deployment of such system, and in no event may any of the funds authorized to be appropriated by this Act be used for full scale development or construction of another test-bed facility for an Extremely Low Frequency (ELF) communication system.

TITLE III-- ACTIVE FORCES AUTHORIZATION OF END STRENGTHS

SEC. 301. The Armed Forces are authorized strengths for active duty personnel as of September 30, 1980, as follows:

(1) The Army, 776,700.

(2) The Navy, 528,000.

(3) The Marine Corps, 189,000.

(4) The Air Force, 558,000.

AUTHORIZED STRENGTHS OF RESERVE GENERAL AND FLAG

OFFICERS

SEC. 302. (a) Section 3218 of title 10, United States Code, is amended by striking out "and those serving in the National Guard Bureau" and inserting in lieu thereof "those serving in the National Guard Bureau, and those counted under section 3202 of this title".

(b) Section 5457(a) of such title // 10 USC 5457. // is amended by inserting after "rear admiral" a comma and "exclusive of those counted under section 5442 of this title,".

(c) Section 5458(a) of such title // 10 USC 5458. // is amended by inserting after "combined" a comma and "exclusive of those counted under section 5443 of this title,".

(d) Section 8218 of such title // 10 USC 8218. // is amended by striking out "and those serving in the National Guard Bureau" and inserting in lieu thereof "those serving in the National Guard Bureau, and those counted under section 8202 of this title".

ANNUAL OFFICER GRADE DISTRIBUTION REPORT AND

PROMOTION PLAN

TO BE INCLUDED AS PART OF THE ANNUAL MANPOWER

REQUIREMENTS

REPORT RATHER THAN AS A SEPARATE REPORT

SEC. 303. (a)(1) Section 686 of title 10, United States Code, // 10 USC 686. // providing for an annual officer grade distribution report, is repealed.

(2) The table of sections at the beginning of chapter 39 of such title is amended by striking out the item relating to section 686.

(b) Paragraph (3) of section 138(c) of such title, // 10 USC 138. // providing for an annual manpower requirements report, is amended to read as follows:

"(3)(A) The Secretary of Defense shall submit to Congress a written report, not later than February 15 of each fiscal year, recommending the annual active duty end strength level for each component of the armed forces for the next fiscal year and the annual civilian personnel end strength level for each component of the Department of Defense for the next fiscal year, and shall include in that report justification for the strength levels recommended and an explanation of the relationship between the personnel strength levels recommended for that fiscal year and the national security policies of the United States in effect at the time. The justification and explanation shall specify in detail for all military forces (including each land force division, carrier and other major combatant vessel, air wing, and other comparable unit) the--,

"(i) unit mission and capability;

"(ii) strategy which the unit supports; and

"(iii) area of deployment and illustrative areas of potential deployment, including a description of any United States commitment to defend such areas.

"(B) The Secretary of Defense shall also include in the report required under subparagraph (A) a detailed discussion of--,

"(i) the manpower required for support and overhead functions within the armed forces and the Department of Defense;

"(ii) the relationship of the manpower required for support and overhead functions to the primary combat missions and support policies; and

"(iii) the manpower required to be stationed or assigned to duty in foreign countries and aboard vessels located outside the territorial limits of the United States, its territories, and possessions.

"(C) In such report, the Secretary of Defense shall also identify, define, and group by mission and by region the types of military bases, installations, and facilities and shall provide an explanation and justification of the relationship between this base structure and the proposed military force structure together with a comprehensive identification of base operating support costs and an evaluation of possible alternatives to reduce such costs.

"(D) The Secretary of Defense shall also include in such report with respect to each armed force under the jurisdiction of the Secretary of a military department--,

"(i) the estimated requirements in members on active duty during the next fiscal year;

"(ii) the estimated number of commissioned officers in each grade on active duty and to be promoted during the next fiscal year; and

"(iii) an analysis of the distribution by grade of commissioned officers on active duty at the time the report is prepared.".

TITLE IV-- RESERVE FORCES AUTHORIZATION OF STRENGTHS

SEC. 401. (a) For fiscal year 1980, the Selected Reserve of the reserve components of the Armed Forces shall be programmed to attain average strengths of not less than the following:

(1) The Army National Guard of the United States, 355,700.

(2) The Army Reserve, 197,400.

(3) The Naval Reserve, 87,000.

(4) The Marine Corps Reserve, 33,600.

(5) The Air National Guard of the United States, 92,500.

(6) The Air Force Reserve, 57,300.

(7) The Coast Guard Reserve, 11,700.

(b) Within the average strengths prescribed by subsection (a), the reserve components of the Armed Forces are authorized, as of September 30, 1980, the following number of Reserves to be serving on full-time active duty for the purpose of organizing, administering, recruiting, instructing, or training the reserve components:

(1) The Army National Guard of the United States, 6,244.

(2) The Army Reserve, 4,288.

(3) The Naval Reserve, 707.

(4) The Marine Corps Reserve, 67.

(5) The Air National Guard of the United States, 1,560.

(6) The Air Force Reserve, 681.

(c) The average strength prescribed by subsection (a) for the Selected Reserve of any reserve component shall be proportionately reduced by (1) the total authorized strength of units organized to serve as units of the Selected Reserve of such component which are on active duty (other than for training) at any time during the fiscal year, and (2) the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at any time during the fiscal year. Whenever such units or such individual members are released from active duty during any fiscal year, the average strength prescribed for such fiscal year for the Selected Reserve of such reserve component shall be proportionately increased by the total authorized strength of such units and by the total number of such individual members.

AMENDMENTS TO SELECTED RESERVE EDUCATIONAL ASSISTANCE PROGRAM

SEC. 402. (a) Section 2131(b)(1) of title 10, United States Code, is amended by striking out "50 percent" and inserting in lieu thereof "100 percent".

(b) Section 2133(b) of such title // 10 USC 2133. // is amended to read as follows:

"(b)(1) A member who fails to participate satisfactorily in training with his unit, if he is a member of a unit, during a term of enlistment for which the member entered into an agreement under section 2132(a)(4) of this title shall refund an amount computed under paragraph (2) unless the failure to participate in training was due to reasons beyond the control of the member. Any refund by a member under this section shall not affect the period of obligation of such member to serve as a Reserve.

"(2) The amount of any refund under paragraph (1) shall be the amount equal to the product of--,

"(A) the number of months of obligated service remaining during that term of enlistment divided by the total number of months of obligated service of that term of enlistment; and

"(B) the total amount of educational assistance provided to the member under section 2131 of this title.".

(c) The amendments made by this section // 10 USC 2131 // shall apply only to individuals enlisting in the Reserves after September 30, 1979.

DISCRETIONARY AUTHORITY OF SECRETARY CONCERNED TO

RETAIN

CERTAIN RESERVE OFFICERS ON ACTIVE DUTY UNTIL

AGE 60

SEC. 403. (a) Section 3855 of title 10, United States Code, is amended by inserting " Veterinary Corps," after " Dental Corps,".

(b) Section 8855 of such title // 10 USC 8855. // is amended by inserting "veterinary officer," after "dental officer,".

REPEAL OF AUTHORITY FOR ADDITIONAL PAY FOR

PERFORMANCE OF ADMINISTRATIVE

FUNCTIONS BY OFFICERS OF THE NATIONAL GUARD

AND RESERVE COMPONENTS

SEC. 404. (a)(1) Section 309 of title 37, United States Code, is repealed.

(2) The table of sections at the beginning of chapter 5 of such title is amended by striking out the item relating to section 309.

(b) The amendments made by this section // 37 USC 309. // shall apply only with respect to administrative functions performed after September 30, 1980.

TITLE V--CIVILIAN PERSONNEL AUTHORIZATION OF END STRENGTH

SEC. 501. (a) The Department of Defense is authorized a strength in civilian personnel, as of September 30, 1980, of 983,600.

(b) The strength for civilian personnel prescribed in subsection (a) shall be apportioned among the Department of the Army, the Department of the Navy (including the Marine Corps), the Department of the Air Force, and the agencies of the Department of Defense (other than the military departments) in such numbers as the Secretary of Defense shall prescribe. The Secretary of Defense shall report to the Congress within sixty days after the date of the enactment of this Act on the manner in which the initial allocation of civilian personnel is made among the military departments and the agencies of the Department of Defense (other than the military departments) and shall include the rationale for each allocation.

(c) In computing the strength for civilian personnel, there shall be included all direct-hire and indirect-hire civilian personnel employed to perform military functions administered by the Department of Defense (other than those performed by the National Security Agency) whether employed on a full-time, part-time, or intermittent basis, but excluding special employment categories for students and disadvantaged youth such as the stay-in-school campaign, the temporary summer aid program and the Federal junior fellowship program, and personnel participating in the worker-trainee opportunity program. Whenever a function, power, or duty, or activity is transferred or assigned to a department or agency of the Department of Defense from a department or agency outside of the Department of Defense, or from another department or agency within the Department of Defense, the civilian personnel end strength authorized for such departments or agencies of the Department of Defense affected shall be adjusted to reflect any increases or decreases in civilian personnel required as a result of such transfer or assignment.

(d) When the Secretary of Defense determines that such action is necessary in the national interest, he may authorize the employment of civilian personnel in excess of the number authorized by subsection (a), but such additional number may not exceed 1 1/4 percent of the total number of civilian personnel authorized for the Department of Defense by subsection (a). The Secretary of Defense shall promptly notify the Congress of any authorization to increase civilian personnel strength under the authority of this subsection.

(e) During fiscal year 1980, the Secretary of Defense shall manage the manpower resources of the Department of Defense in a manner that will insure that those functions of the Department of Defense involving maintenance, construction, engineering acquisition, or repair activities will be provided civilian manpower resources sufficient to fulfill the work requirements for which funds have been appropriated on a schedule consistent with the requirements of national security and military readiness.

TITLE VI-- MILITARY TRAINING STUDENT LOADS AUTHORIZATION OF TRAINING STUDENT LOADS

SEC. 601. (a) For fiscal year 1980, the components of the Armed Forces are authorized average military training student loads as follows:

(1) The Army, 54,865.

(2) The Navy, 61,913.

(3) The Marine Corps, 22,618.

(4) The Air Force, 43,249.

(5) The Army National Guard of the United States, 7,985.

(6) The Army Reserve, 4,772.

(7) The Naval Reserve, 906.

(8) The Marine Corps Reserve, 3,156.

(9) The Air National Guard of the United States, 1,958.

(10) The Air Force Reserve, 1,276.

(b) In addition to the number authorized for the Army, the Army National Guard of the United States, and the Army Reserve in subsection (a), such components are authorized military training student loads of not less than the following numbers to be utilized solely for one station unit training:

(1) The Army, 19,603.

(2) The Army National Guard of the United States, 6,631.

(3) The Army Reserve, 1,556.

(c) The average military training student loads for the Army, the Navy, the Marine Corps, and the Air Force and the Reserve components authorized in subsection (a) for fiscal year 1980 shall be adjusted consistent with the manpower strengths authorized in titles III, IV, and V of this Act. Such adjustment shall be apportioned among the Army, the Navy, the Marine Corps, and the Air Force and the Reserve components in such manner as the Secretary of Defense shall prescribe.

TITLE VII-- CIVIL DEFENSE AUTHORIZATION OF APPROPRIATIONS

SEC. 701. There is authorized to be appropriated for fiscal year 1980 for the purpose of carrying out the provisions of the Federal Civil Defense Act of 1950 (50 U.S.C. App. 2251 - 2297) the sum of $106,800,000.

INCREASE IN AMOUNTS THAT MAY BE APPROPRIATED FOR

CONTRIBUTIONS

TO STATES FOR PERSONNEL AND ADMINISTRATIVE

EXPENSES

SEC. 702. The last proviso of section 408 of the Civil Defense Act of 1950 (50 U.S.C. App. 2260) is amended by striking out everything after the last semicolon and inserting in lieu thereof "and appropriations for contributions to the States for personnel and administrative expenses under section 205 shall not exceed $40,000,000 per annum.".

TITLE VIII-- GENERAL PROVISIONS AMENDMENTS TO THE UNIFORM CODE OF MILITARY JUSTICE

SEC. 801. (a) Section 802 of title 10, United States Code (article 2 of the Uniform Code of Military Justice), is amended--,

(1) by inserting "(a)" before " The" at the beginning of such section; and

(2) by adding at the end thereof the following new subsections:

"(b) The voluntary enlistment of any person who has the capacity to understand the significance of enlisting in the armed forces shall be valid for purposes of jurisdiction under subsection (a) of this section and a change of status from civilian to member of the armed forces shall be effective upon the taking of the oath of enlistment.

"(c) Notwithstanding any other provision of law, a person serving with an armed force who--,

"(1) submitted voluntarily to military authority;

"(2) met the mental competency and minimum age qualifications of sections 504 and 505 of this title at the time of voluntary submission to military authority;

"(3) received military pay or allowances; and

"(4) performed military duties;

is subject to this chapter until such person's active service has been terminated in accordance with law or regulations promulgated by the Secretary concerned.".

(b) Section 836(a) of such title (article 36(a) of the Uniform Code of Military Justice) // 10 USC 836. // is amended by striking out " The procedure, including modes of proof, in cases before courts-martial, courts of inquiry, military commissions, and other military tribunals" and inserting in lieu thereof " Pretrial, trial, and post-trial procedures, including modes of proof, for cases arising under this chapter triable in courts-martial, military commissions and other military tribunals, and procedures for courts of inquiry,".

WAIVER OF APPLICABILITY OF OMB CIRCULAR A-76 TO

CONTRACTING

OUT OF CERTAIN RESEARCH AND DEVELOPMENT

ACTIVITIES

SEC. 802. (a) Except as provided in subsection (b), // 10 USC 138. // neither the implementing instructions for, nor the provisions of, Office of Management and Budget Circular A-76 (issued on August 30, 1967, and reissued on October 18, 1976, June 13, 1977, and March 29, 1979) shall control or be used for policy guidance for the obligation or expenditure of any funds which under section 138(a)(2) of title 10, United States Code, are required to be specifically authorized by law.

(b) Funds which under section 138(a)(2) of title 10, United States Code, are required to be specifically authorized by law may be obligated or expended for operation or support of installations or equipment used for research and development (including maintenance support of laboratories, operation and maintenance of test ranges, and maintenance of test aircraft and ships) in compliance with the implementing instructions for and the provisions of such Office of Management and Budget Circular.

(c) No law enacted after the date of the enactment of this Act shall be held, considered, or construed as amending, superseding, or otherwise modifying any provision of this section unless such law does so by specifically and explicitly amending, repealing, or superseding this section.

AMENDMENTS RELATING TO THE UNIFORMED SERVICES

UNIVERSITY OF

THE HEALTH SCIENCES

SEC. 803. (a) Section 2112(b) of title 10, United States Code, is amended by adding at the end thereof the following new sentence: " In so prescribing the number of persons to be graduated from the University, the Secretary of Defense shall, upon recommendation of the Board of Regents, institute actions necessary to ensure the maximum number of first-year enrollments in the University consistent with the academic capacity of the University and the needs of the uniformed services for medical personnel.".

(b) Section 2114(b) of such title // 10 USC 2114. // is amended by striking out "uniform" in the first sentence of such section and inserting in lieu thereof "uniformed".

(c)(1) The first two sentences of section 2115 of such title // 10 USC 2115. // are amended to read as follows: " The Secretary of Defense may allow not more than 20 percent of the graduates of each class at the University to perform civilian Federal service for not less than seven years following the completion of their professional education in lieu of active duty in a uniformed service if the needs of the uniformed services do not require that such graduates perform active duty in a uniformed service and as long as the Secretary of Defense does not recall such persons to active duty in the uniformed services. Such persons who execute an agreement in writing to perform such civilian Federal service may be released from active duty following the completion of their professional education.".

(2) The section heading of such section is amended to read as follows:

" SEC. 2115. Graduates: limitation on number permitted to perform civilian Federal service".

(3) The item relating to section 2115 in the table of sections at the beginning of chapter 104 of such title is amended to read as follows:

"2115. Graduates: limitation on number permitted to perform civilian Federal service.".

AMENDMENTS RELATING TO COMPENSATION OF HEALTH

PROFESSIONALS

SEC. 804. (a) Section 2121(d) of title 10, United States Code, relating to stipends for members of the Armed Forces Health Professions Scholarship program, is amended to read as follows:

"(d) Except when serving on active duty pursuant to subsection (c), a member of the program shall be entitled to a stipend at the rate in effect under paragraph (1)(B) of section 751(g) of the Public Health Service Act (42 U.S.C. 294t(g)) for students in the National Health Service Corps Scholarship program.".

(b) Section 313(a) of title 37, United States Code, relating to special pay for medical officers who execute active duty agreements, is amended--,

(1) by striking out clause (4) and redesignating clauses (5) and (6) as clauses (4) and (5), respectively; and

(2) by inserting after the first sentence of such subsection the following new sentence: " However, while serving an active duty obligation resulting from a medical education program leading to appointment or designation as a medical officer, such an officer shall be paid $9,000 (rather than an amount determined under the preceding sentence) for each year of the active duty agreement.".

(c) The amendments made by this section // 10 USC 2121 // shall take effect on October 1, 1979.

SIX- YEAR SERVICE OBLIGATION FOR PERSONS ENLISTING

AFTER AGE 26

SEC. 805. (a) Section 511(d) of title 10, United States Code, is amended--,

(1) by striking out "who is under 26 years of age,"; and

(2) by striking out the comma after "in an armed force".

(b) Section 651 of such title // 10 USC 651. // is amended by striking out "before his twenty-sixth birthday".

(c) The amendments made by this section // 10 USC 511. // shall apply only to individuals who become members of an Armed Force after the date of the enactment of this Act.

RESTRICTION ON CONVERTING PERFORMANCE OF COMMERCIAL

AND INDUSTRIAL

TYPE FUNCTIONS FROM DEPARTMENT OF DEFENSE

PERSONNEL

TO PRIVATE CONTRACTORS

SEC. 806. // 10 USC 2304 // (a) During fiscal year 1980, no commercial or industrial type function of the Department of Defense that on the date of the enactment of this Act is being performed by Department of Defense personnel may be converted to performance by a private contractor--,

(1) to circumvent any civilian personnel ceiling; and

(2) unless the Secretary of Defense shall provide to the Congress in a timely manner--,

(A) notification of any decision to study such commercial or industrial type function for possible performance by

a

private contractor, together with a certification that

the

government in-house cost calculation for the function is

based on an estimate of the most efficient and cost

effective

organization for in-house performance;

(B) if a decision is made to convert to contract

performance,

upon completing the study described in subparagraph

(A) and before contracting for the performance of such

function by a private contractor, a report showing--,

(i) the potential economic effect on employees affected, and the potential economic effect on the local community and Federal Government if more than 50 employees are involved, of contracting for performance of such function; (ii) the effect of contracting for performance of such function on the military mission of such function; and (iii) the amount of the bid accepted for the performance of such function by the private contractor whose bid is accepted and the cost of performance of such function by Department of Defense personnel, together with costs and expenditures which the Government will incur because of the contract.

(b) The Secretary of Defense shall submit a written report to the Congress by February 1, 1980, describing the extent to which commercial and industrial type functions were performed by Department of Defense contractors during fiscal year 1979. The Secretary shall also include in such report an estimate of the percentage of commercial and industrial type functions of the Department of Defense that will be performed by Department of Defense personnel and the percentage of such functions that will be performed by private contractors during fiscal year 1980.

ADVANCE PAYMENT OF STATION HOUSING ALLOWANCES FOR

MEMBERS

OF THE UNIFORMED SERVICES ASSIGNED OVERSEAS

SEC. 807. (a) Section 405 of title 37, United States Code, relating to allowances for members on duty outside the United States or in Alaska or Hawaii, is amended by inserting after the third sentence in such section the following new sentence: " A station housing allowance prescribed under this section may be paid in advance.".

(b) The amendment made by subsection (a) // 37 USC 405. // shall take effect on October 1, 1979.

ANNUAL REPORT ON NATO READINESS

SEC. 808. // 10 USC 131. // (a) Each year the Secretary of Defense shall assess, and make findings with respect to, the readiness status of the military forces of the North Atlantic Treaty Organization and shall submit a report of such assessment and findings to the Committees on Armed Services and on Appropriations of the Senate and House of Representatives on the same date that the President transmits to the Congress the Budget. The first such report shall be submitted on the date the Budget for fiscal year 1981 is transmitted.

(b) The annual assessment by the Secretary of Defense under subsection (a) shall include the assessment and findings of the Secretary of Defense with respect to--,

(1) deficiencies in the readiness of the North Atlantic Treaty Organization (including an analysis of such deficiencies in each member nation of the North Atlantic Treaty Organization) with respect to--,

(A) war reserve stocks; (B) command, control, and communications systems (including the susceptibility of such systems to

degradation

by potential overt activities of the Warsaw Pact);

(C) electronic warfare capabilities; (D) offensive and defensive chemical warfare

capabilities;

(E) air defense capabilities (including ground and air systems and the integration of ground systems with air systems); (F) armor and anti-armor capabilities; (G) firepower capabilities; (H) forward deployed units and the proximity of such

units

to assigned general defensive positions;

(I) the availability of ammunition; (J) the availability, responsiveness, and overall

effectiveness

of reserve forces;

(K) airlift capabilities to meet reinforcement and

resupply

requirements;

(L) the ability to protect, cross-service, and stage air

assets

from allied air fields;

(M) the maritime force capabilities (including sealift, minelaying, and minesweeping capabilities); (N) logistical support arrangements (including the

availability

of ports, air fields, transportation, and host nation

support);

(O) training (including the availability of the

facilities and

equipment needed to conduct realistic operational

exercises);

and

(P) the compatibility of operatinal doctrine and

procedures

among armed forces of the member nations;

(2) planned corrections in the identified readiness deficiencies of the United States with respect to the North Atlantic Treaty Organization and that portion of the Budget transmitted to the Congress by the President on the date such report is transmitted which is allocated for such corrections; and

(3) commitments made by other member nations of the North Atlantic Treaty Organization to correct readiness deficiencies of such nations (including any deficiencies of such nations in the items listed in paragraph (1)) and an identification of particular improvements to be made in readiness by weapons system, program, or activity.

QUARTERLY SELECTED ACQUISITION REPORTS TO CONGRESS

SEC. 809. Section 811(a) of the Department of Defense Appropriation Authorization Act, 1976 (Public Law 94 - 106; 89 Stat. 539) // 10 USC 139. // is amended to read as follows:

"(a) Beginning with the quarter ending December 31, 1979, // 10 USC 139. // the Secretary of Defense shall submit quarterly to the Congress written selected acquisition reports for those major defense systems which are estimated to require a total cumulative financing for research, development, test, and evaluation in excess of $75,000,000 or a cumulative production investment in excess of $300,000,000. The report for the quarter ending on December 31 of any fiscal year shall be submitted within 20 days after the President transmits the Budget to the Congress for the following fiscal year, and the reports for the other three quarters of any fiscal year shall be submitted within 30 days after the end of the quarter. If a preliminary report is submitted for any quarter, then the final report for such quarter shall be submitted to the Congress within 15 days after the submission of such preliminary report.".

AUTHORIZATION OF APPROPRIATIONS FOR ASSISTANCE

FOR 1980

OLYMPIC WINTER GAMES

SEC. 810. There is authorized to be appropriated to the Secretary of Defense for fiscal year 1980 an amount not to exceed $10,000,000 for the purpose of providing assistance for the 1980 Olympic winter games, as authorized by section 816(a) of the Department of Defense Appropriation Authorization Act, 1979 (Public Law 95 - 485; 92 Stat. 1626). Except for funds used for pay and nontravel related allowances of members of the Armed Forces, no funds may be obligated or expended for the purpose of carrying out such section unless specifically appropriated for such purpose. The costs for pay and nontravel related allowances of members of the Armed Forces may not be charged to appropriations made pursuant to this authorization.

PRESIDENTIAL RECOMMENDATIONS FOR SELECTIVE SERVICE

REFORM

SEC. 811. // 50 USC app. 451 // (a) The President shall prepare and transmit to the Congress a plan for a fair and equitable reform of the existing law providing for registration and induction of persons for training and service in the Armed Forces. Such plan shall include recommendations with respect to--,

(1) the desirability and feasibility of resuming registration under the Military Selective Service Act as in existence on the date of the enactment of this Act;

(2) the desirability and feasibility of establishing a method of automatically registering persons under the Military Selective Service Act through a centralized, automated system using existing records, together with a discussion of the impact of such method, or of alternative methods of establishing such a registration system, on privacy rights under the Constitution and under statutes protecting such rights (including section 552a of title 5, United States Code, commonly referred to as the " Privacy Act") and any proposal for reform of such Privacy Act or other statutes, relevant court decisions relating to Selective Service procedures, and the impact of such alternative methods on other constitutional issues;

(3) the desirability of the enactment of authority for the President to induct persons registered under such Act for training and service in the Armed Forces during any period with respect to which the President determines that such authority is required in the interest of the national defense;

(4) whether women should be subject to registration under such Act and to induction for training and service in the Armed Forces under such Act;

(5) the desirability and feasibility of providing authority for the President to induct persons into the Individual Ready Reserve;

(6) whether persons registered under such Act should also be immediately classified and examined or whether classification and examination of registrants should be subject to the discretion of the President;

(7) such changes in the organization and operation of the Selective Service System as the President determines are necessary to enable the Selective Service System to meet the personnel requirements of the Armed Forces during a mobilization in a more efficient and expeditious manner than is presently possible;

(8) the desirability, in the interest of preserving discipline and morale in the Armed Forces, of establishing a national youth service program permitting volunteer work, for either public or private public service agencies, as an alternative to military service;

(9) such other changes in existing law relating to registration, classification, selection, and induction as the President considers appropriate; and

(10) other possible procedures that could be established to enable the Armed Forces to meet their personnel requirements.

(b) The President shall transmit with the plan required by subsection (a) proposals for such legislation as may be necessary to implement the plan and to revise and modernize the Military Selective Service Act.

(c) The plan required by subsection (a), together with the proposed legislation required by subsectin (b), shall be transmitted to the Congress not later than January 15, 1980, or the end of the three-month period beginning on the date of the enactment of this Act, whichever is later.

PRESERVATION OF SELECTIVE SERVICE SYSTEM AS AN

INDEPENDENT

AGENCY

SEC. 812. Section 1 of the Military Selective Service Act (50 U.S. C. App. 451) is amended by adding at the end thereof the following new subsection:

"(f) The Congress further declares that the Selective Service System should remain administratively independent of any other agency, including the Department of Defense.".

STUDY OF TITAN II MISSILE SYSTEMS

SEC. 813. The Secretary of the Air Force shall conduct an investigation of Titan II missile systems located within the United States to assess the physical condition of those facilities and components thereof as well as relevant maintenance procedures. Not later than 180 days after the date of the enactment of this Act, the findings of that investigation, along with recommendations for any needed physical or procedural improvements to protect the public safety (including the safety of military personnel assigned to those systems) shall be reported to the Committees on Armed Services of the Senate and House of Representatives.

LIMITATION ON OVERSEAS TRAVEL AND TRANSPORTATION

ALLOWANCES

FOR DEPENDENTS

SEC. 814. Section 406 of title 37, United States Code, relating to travel and transportation allowances for dependents, is amended--,

(1) by striking out " A" at the beginning of subsection (a) of such section and inserting in lieu thereof " Except as provided in subsection (i) of this section, a";

(2) by striking out " In" at the beginning of subsection (h) of such section and inserting in lieu thereof " Except as provided in subsection (i) of this section, in"; and

(3) by adding at the end of such section the following new subsection:

"(i)(1) After September 30, 1980, and except as provided in paragraph (3) of this subsection, the allowance and transportation authorized by subsection (a) and subsection (h) of this section for travel and transportation of dependents may not be provided with respect to travel and transportation of any dependent of a member of the Army, Navy, Air Force, or Marine Corps from any place inside the United States to any place outside the United States, or from any place outside the United States to any place inside the United States, during any period in which the number of dependents accompanying members of the Army, Navy, Air Force, and Marine Corps who are stationed outside the United States and who are authorized by the Secretary concerned to receive such allowance or transportation for dependents exceeds 325,000.

"(2)(A) The Secretary of Defense shall allocate among the three military departments the limitation established by paragraph (1) with respect to the total number of dependents who may be accompanying members of the Army, Navy, Air Force, and Marine Corps stationed overseas who are entitled under subsection (a) of (h) to travel and transportation for dependents before the allowance for such travel and transportation is suspended under such paragraph.

"(B) The Secretary of each military department, in his discretion, shall administer the limitation on the number of dependents who may be provided travel and transportation under subsections (a) and (h) allocated to his military department under subparagraph (A) in such manner as the Secretary considers to be fair and in the best interest of the United States.

"(3) Paragraph (1) does not prohibit the provision of travel and transportation under subsection (a) or subsection (h) of this section for travel and transportation of dependents from a place outside the United States to a place inside the United States if the travel and transportation of such dependents to such place outside the United States was authorized under subsection (a) or subsection (h) of this section at the time of the travel and transportation of such dependents to such place outside the United States.".

PURCHASES OF GASOHOL AS A FUEL FOR MOTOR VEHICLES

SEC. 815. // 10 USC 2388 // To the maximum extent feasible and consistent with overall defense needs and sound vehicle management practices, as determined by the Secretary of Defense, the Department of Defense is authorized and directed to enter into contracts by competitive bid, subject to appropriations, for the purchase of domestically produced alcohol or alcohol-gasoline blends containing at least 10 percent domestically produced alcohol for use in motor vehicles owned or operated by the Department of Defense.

EXTENSION OF PERIOD FOR CERTAIN RESERVISTS TO

ELECT COVERAGE

UNDER SURVIVOR BENEFIT PLAN

SEC. 816. Section 208 of the Uniformed Services Survivors' Benefits Amendments of 1978 (Public Law 95 - 397; 10 U.S.C. 1447 note) is amended--,

(1) by striking out "the end of the nine-month period beginning on the effective date of this title" and inserting in lieu thereof " January 1, 1980"; and

(2) by striking out "at the end of the one-year period beginning on the effective date of this title" and inserting in lieu thereof "on March 31, 1980".

EXTENSION OF PERIOD FOR REDUCTION IN NUMBER OF

SENIOR- GRADE

CIVILIAN EMPLOYEES OF DEPARTMENT OF DEFENSE

SEC. 817. Paragraphs (1) and (2) of section 811(a) of the Department of Defense Appropriation Authorization Act, 1978 (10 U.S.C. 131 note), are amended to read as follows:

"(1) After October 1, 1980, the total number of commissioned officers on active duty in the Army, Air Force, and Marine Corps above the grade of colonel, and on active duty in the Navy above the grade of captain, may not exceed 1,073.

"(2) After September 30, 1981, the total number of civilian employees of the Department of Defense in grades GS-13 through GS-18 (including positions authorized under section 1581 of title 10, United States Code) may not exceed the number equal to the number of such employees employed by the Department of Defense on July 30, 1977, reduced by the same percentage as the percentage by which the total number of commissioned officers on active duty in the Army, Air Force, and Marine Corps above the grade of colonel, and on active duty in the Navy above the grade of captain, is reduced below 1,141 during the period beginning on October 1, 1977, and endin on September 30, 1980.".

SENSE OF CONGRESS CONCERNING IMPORTATION OF

STRATEGIC AND

CRITICAL MATERIALS FROM ZIMBABWE- RHODESIA

SEC. 818. // 22 USC 287c // It is the sense of the Congress that the United States should have unlimited access to strategic and critical materials which are vital to the defense and security of the United States and that every effort should be made to remove artificial impediments against the importation of such materials into the United States from Zimbabwe-Rhodesia.

REPORTING REQUIREMENT REGARDING SALARIES OF OFFICERS

OF

FEDERAL CONTRACT RESEARCH CENTERS

SEC. 819. (a)(1) Chapter 139 of title 10, United States Code, is amended by adding at the end thereof the following new section:

" SEC. 2359. // 10 USC 2359. // Salaries of officers of Federal contract research centers: reports to Congress

" The Secretary of Defense shall notify the Congress not later than January 31 of each year of any officer or employee of a Federal contract research center the amount of whose compensation paid out of Federal funds during the preceding calendar year exceeded the annual rate of basic pay authorized (without regard to any limitation on the payment of such pay) for level II of the Executive Schedule under section 5313 of title 5 on the last day of such year. Such notification shall include a detailed statement of the reasons for the payment of such amount of compensation to each such officer or employee.".

(2) The table of sections at the beginning of such chapter is amended by adding at the end thereof the following new item:

"2359. Salaries of officers of Federal contract research centers: reports to Congress.".

(b) The first notification under section 2359 of title 10, United States Code, as added by subsection (a), // 10 USC 2359 // shall be made not later than January 31, 1980.

(c) Section 407 of Public Law 91 - 121 (83 Stat. 208; 10 U.S.C. 2358 note) is repealed.

TECHNICAL AMENDMENTS TO TITLES 5 AND 10, UNITED

STATES CODE, TO

REFLECT CHANGES MADE BY THE DEPARTMENT OF

DEFENSE REORGANIZATION

ORDER OF MARCH 7, 1978

SEC. 820. (a) Section 136(a) of title 10, United States Code, relating to the Assistant Secretaries of Defense, is amended by striking out "nine" and inserting in lieu thereof "seven".

(b) Section 3013 of such title, // 10 USC 3013. // relating to the Under Secretary and Assistant Secretaries of the Army, is amended by striking out "five" and inserting in lieu thereof "four".

(c) Section 5034(a) of such title, // 10 USC 5034. // relating to the Assistant Secretaries of the Navy, is amended by striking out "four" and inserting in lieu thereof "three".

(d) Section 8013 of such title, // 10 USC 8013. // relating to the Under Secretary and Assistant Secretaries of the Air Force, is amended by striking out "four" and inserting in lieu thereof "three".

(e)(1) Paragraphs (13), (14), (15), and (16) of section 5315 of title 5, United States Code, relating to positions at level IV of the Executive Schedule, are amended to read as follows:

"(13) Assistant Secretaries of Defense (7).

"(14) Assistant Secretaries of the Air Force (3).

"(15) Assistant Secretaries of the Army (4).

"(16) Assistant Secretaries of the Navy (3).".

(2) Paragraph (96) of section 5316 of such title, // 5 USC 5316. // relating to positions at level V of the Executive Schedule, is amended to read as follows:

"(96) Deputy Under Secretaries of Defense for Research and Engineering, Department of Defense (4).".

CORRECTION OF ERRONEOUS SECTION DESIGNATION

SEC. 821. (a) The last section in chapter 49 of title 10, United States Code, relating to military unions (as added by Public Law 95 - 610; 92 Stat. 3085), is redesignated as section 976. // 10 USC 976. //

(b) The item relating to such section in the table of sections at the beginning of such chapter is amended by striking out "975" and inserting in lieu thereof "976".

Approved November 9, 1979.

LEGISLATIVE HISTORY:

HOUSE REPORTS: No. 96 - 166 accompanying H.R. 4040 (Comm. on Armed Services) and Nos. 96 - 521 and 96 - 546 (Comm. of Conference).

SENATE REPORTS: No. 96 197 (Comm. on Armed Services) and No. 96 - 371 (Comm. of Conference).

CONGRESSIONAL RECORD, Vol. 125 (1979):

June 11 - 13, considered and passed Senate.

Sept. 12 - 14, H.R. 4040, considered and passed House; passage vacated and S. 428, amended, passed in lieu.

Oct. 24, Senate agreed to conference report.

Oct. 26, House agreed to conference report.

PUBLIC LAW 96-106, 93 STAT. 796

96th CONGRESS, H.R. 4249 NOVEMBER 9, 1979
An Act To amend title 23 of the United States Code, the

Surface Transportation Assistance

Act of 1978, 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 103(e)(4) of title 23, United States Code, // 23 USC 139. 92 Stat. 2695. // is amended by adding at the end thereof the following new sentence: " The preceding sentence shall not apply to a designation made under section 139 of this title.".

SEC. 2. (a) Section 103(e) (5) of title 238 United States Code, is amended by striking out "(5) Notwithstanding any other provision of law--" and inserting in lieu thereof "(5) Notwithstanding any other provision of law, in the case of any withdrawal of approval before November 6, 1978--".

(b) Paragraph (2) of section 107(f) of the Federal-Aid Highway Act of 1978 (Public Law 95 - 599) // 23 USC 103 92 Stat. 2694. // is hereby repealed.

(c) Paragraph (6) of section 103(e) of title 23, United States Code, is renumbered as paragraph (8), and paragraph (7) of such section is renumbered as paragraph (9), including any references thereto, and such section 103(e) is further amended by inserting immediately after paragraph (5) the following new paragraphs:

"(6) Notwithstanding any other provision of law--,

"(A) in the case of any withdrawal of approval on or after November 6, 1978, of a route or portion thereof on the Interstate System, a State, subject to the approval of the Secretary, shall not be required to refund to the Highway Trust Fund any sums paid to the State for intangible costs;

"(B) in the case of any withdrawal of approval on or after November 6, 1978, of any route or portion thereof on the Interstate System under this section, a State shall not be required to refund to the Highway Trust Fund the costs of construction items, materials, or rights-of-way of the withdrawn route or portion thereof if such items, materials, and rights-of-way were acquired before November 6, 1978, if by the date of withdrawal of approval the Secretary has not approved the environmental impact statement required by the National Environmental Policy Act of 1969,

// 42 USC 4321 //

and if such construction items, materials, or rights-of-way will be or have been applied (i) to a transportation project permissible under this title, (ii) to a public conservation or public recreation purpose, or (iii) to any other public purpose determined by the Secretary to be in the public interest on condition that the State gives assurances satisfactory to the Secretary that such construction items, materials, or rights-of-way have been or will be so applied by the State, or any political subdivision thereof, to a project under clause (i), (ii), or (iii) within ten years from the date of withdrawal of approval;

"(7) In any case where a withdrawal of approval of a route or portion thereof on the Interstate System on or after November 6, 1978, does not come within the provisions of paragraph (6)(B) of this subsection, the State shall refund to the Highway Trust Fund the costs of construction items, materials, and rights-of-way of the withdrawn route or portion thereof, except that if the State gives assurances satisfactory to the Secretary that such items, materials, and rights-of-way have been or will be applied to a transportation project permissible under this title within ten years from the date of withdrawal of approval, the amount of such repayment shall be the difference between the amount received for such items, materials, and rights-of-way and the amount which would be received in accordance with the current Federal share applicable to the transportation project to which such items, materials, and rights-of-way were or are to be applied; and".

SEC. 3. Section 109(1)(1)(A) of title 23, United States Code, // 92 Stat. 2696. // is amended by striking out "any aspect of".

Sec. 4. Clauses (1) and (2) of subsection (b) of section 115 of title 23, United States Code, are redesignated as (A) and (B), respectively, including any references thereto. Such subsection (b) is further amended by inserting "(1)" immediately after "(b)" and by adding at the end thereof the following new paragraph:

"(2) For any project under construction on January 1, 1978, on the Interstate System and converted to a regularly funded project after January 1, 1978, for which the proceeds of bonds issued by the State, county, city, or other political subdivision of the State were used, any interest earned and payable on such bonds by the date of conversion is an eligible cost of construction, to the extent that the proceeds of such bonds have actually been expended in the construction of such projects.".

SEC. 5. (a) The fifth sentence of section 118(b) of title 23, United States Code, is amended to read as follows: " Any amount apportioned to the States for the Interstate System under subsection (b)(5)(B) of section 104 of this title // 23 USC 104. // shall continue to be available for expenditure in that State for a period of two years after the close of the fiscal year for which such sums are authorized and any amounts so apportioned remaining unexpended at the end of such period shall lapse.".

(b) The amendment made by subsection (a) of this section // 23 USC 118 // shall apply to all amounts apportioned under section 104(b)(5)( B) of title 23, United States Code, // 92 Stat. 2699. // for the fiscal year 1978 and for subsequent fiscal years.

SEC. 6. Section 131(c)(5) of title 23, United Stateds Code, // 92 Stat. 2700. // is amended by striking out "distribution of" and inserting in lieu thereof "distribution by".

SEC. 7. (a) The first sentence of section 144(d) of title 23, United States Code, // 92 Stat. 2702. // is amended by striking out "or rehabilitating such bridge with a comparable facility" and inserting in lieu thereof "such bridge with a comparable facility or in rehabilitating such bridge".

(b) Section 144(m) of title 23, United Stateds Code, is amended by striking out "major repairs" and inserting in lieu thereof "major work".

SEC. 8. (a) The third sentence of subsection (g) of section 144 of title 23, United States Code, // 92 Stat. 2702. // is amended by striking out the period at the end thereof and inserting in lieu thereof a comma and the following: "and for any project for a highway bridge the replacement or rehabilitation costs of which is less than $10,000,000 if such cost is at least twice the amount apportioned to the State in which such bridge is located under subsection (e) of this section for the fiscal year in which application is made for a grant for such bridge.".

(b) Notwithstanding any other provision of law discretionary bridge funds authorized under section 144(g) of title 23, United States Code, // 23 USC 144. // for fiscal year 1980 may be transferred to a State's apportionment under section 104(b)(6) of title 23, United States Code, to repay funds obligated under section 104(b)(6) of title 23, United States Code, between June 1 and July 31, 1979, for bridge projects which are eligible for funding by virtue of the amendment in subsection (a) of this section.

SEC. 9. Section 215(f) of title 23, United States Code, is amended by striking out "chapters 1 and 5" and inserting in lieu thereof "chapter 1".

SEC. 10. (a) The last sentence of section 219(c) of title 23, United States Code, // 92 Stat. 2723. // is amended by striking out "construction" and inserting in lieu thereof "improvement".

(b) Subsection (g) of section 152 of title 23, United States Code, // 92 Stat. 2722. // is amended by striking out " September 30" and inserting in lieu thereof " December 30", and by striking out " January 1" and inserting in lieu thereof " April 1".

SEC. 11. Section 321(b) of title 23, United States Code, is amended by striking out "paragraphs (1), (2), (3)" and inserting in lieu thereof "paragraphs (1), (2)," and by striking out "70 per centum" and inserting in lieu thereof "75 per centum".

SEC. 12. Subsection (e) of section 123 of the Federal-Aid Highway Act of 1978 (Public Law 95 - 599) // 92 Stat. 2701. 23 USC 141. // is hereby repealed.

SEC. 13. (a) Subsection (a) of section 143 of the Federal-Aid Highway Act of 1978 (Public Law 95 - 599) // 92 Stat. 2712. // is amended (1) by striking out "section 129" and inserting in lieu thereof "sections 129 and 301", (2) by inserting "for I-88 traffic" immediately after "are free of tolls" each of the two places it appears, and (3) by inserting "and reconstruction" immediately after "construction".

(b) Subsection (b) of such section 143 is amended to read as follows:

"(b) The Secretary of Transportation is authorized to approve as a project on the Interstate System the construction of an additional lane in each direction on route I-90 between exits 24 and 251/2 on condition that all lanes on I-90 between exits 24 and 26 are free of tolls for I-88 traffic.".

SEC. 14. Section 144 of the Federal-Aid Highway Act of 1978 (Public Law 95 - 599) // 92 Stat. 2713. 23 USC 109. // is amended by adding at the end thereof the following new subsection:

"(d) This section shall not apply to the Commonwealth of Puerto Rico.".

SEC. 15. Section 147 of the Federal-Aid Highway Act of 1978 (Public Law 95 - 599) // 92 Stat. 2714. 23 USC 144. // is amended by inserting immediately after the fourth sentence of such section the following new sentence: " Such additional funds as may be necessary to complete the projects shall be set aside for such purpose from the amount authorized for the fiscal year ending September 30, 1981, by section 202(6) of the Highway Safety Act of 1978, // 92 Stat. 2727. // before any apportionment of such amount under section 144(e) of title 23, United States Code, and such funds shall be available for obligation in the same manner and to the same extent as funds set aside under authority of the preceding sentence.".

SEC. 16. (a) The first sentence of section 164 of the Federal-Aid Highway Act of 1978 (Public Law 95 - 596) // 92 Stat. 2721. 23 USC 129. // is amended by striking out "toll".

(b) The second sentence of such section 164 is amended by striking out "portions which remain free to public travel." and inserting in lieu thereof "those portions which have not been incorporated into the Interstate System; and also determine a method of allocating bonded indebtedness between those portions of the Interstate System on which tolls are collected and those portions which are toll free.".

(c) The third sentence of such section 164 is amended by striking out "recommended" and inserting in lieu thereof "recommend".

SEC. 17. (a) Section 5(a)(2)(A) of the Urban Mass Transportation Act of 1964 // 92 Stat. 2739. 49 USC 1604. // is amended by striking out "subparagraph (C)" and inserting in lieu thereof "subparagraph (B)".

(b) The last subparagraph of paragraph (2) of subsection (a) of section 5 of the Urban Mass Transportation Act of 1964 is amended by striking out "(C)" and inserting in lieu thereof "(B)".

(c) The last sentence of section 5(a)(3)(A) of the Urban Mass Transportation Act of 1964 is amended by striking out "capital" and inserting in lieu thereof "construction".

(d) The third sentence of section 5(a)(4)(A) of the Urban Mass Transportation Act of 1964 is amended by striking out "in the construction of bus-related facilties", and inserting in lieu thereof "and the construction of bus-related facilities".

SEC. 18. Section 119(b) of title 23, United States Code, // 92 Stat. 2698. // is amended by deleting the date " October 1st" in the second sentence and inserting in lieu thereof the date " January 1st", and by deleting "funds apportioned to such State for that fiscal year" in the third sentence and inserting in lieu thereof "next apportionment of funds to such State".

SEC. 19. Section 125(b) of title 23, United States Code, is amended by inserting at the end of the first sentence the following new sentence: " Notwithstanding any provision of this chapter actual and necessary costs of maintenance and operation of ferryboats providing temporary substitute highway traffic service, less the amount of fares charged, may be expended from the emergency fund herein authorized on the Federal-aid highway systems, including the Interstate System.".

SEC. 20. (a) Section 170(b) of the Surface Transportation Act of 1978 // 92 Stat. 2724. 42 USC 5904. // is amended by striking "one year" and inserting in lieu thereof "eighteen months".

(b) Section 170(1) is amended to read as follows:

"(1) There is hereby authorized to be appropriated, to remain available until expended, to the Commission not to exceed $3,000,000 to carry out the purposes of this section.".

SEC. 21. Section 161(f) of the Federal-Aid Highway Act of 1973, Public Law 93 - 87, // 87 Stat. 279. // is amended by inserting after "managed" the following: "and maintained".

SEC. 22. (a) Section 204(h) of the Uranium Mill Tailings Radiation Control Act of 1978 // Stat. 306. 42 USC 2021 // is amended by adding at the end thereof the following new paragraph:

"(3) Notwithstanding any other provision of this title, where a State assumes or has assumed, pursuant to an agreement entered into under section 274 b. of the Atomic Energy Act of 1954, // 42 USC 2021. // authority over any activity which results in the production of byproduct material, as defined in section 11 e. (2) of such Act, // 92 Stat. 3033. 42 USC 2014. // the Commission shall not, until the end of the three-year period beginning on the date of the enactment of this Act, have licensing authority over such byproduct material produced in any activity covered by such agreement, unless the agreement is terminated, suspended, or amended to provide for such Federal licensing. If, at the end of such three-year period, a State has not entered into such an agreement with respect to byproduct material, as defined in section 11 e. (2) of the Atomic Energy Act of 1954, the Commission shall have authority over such byproduct material.".

(b) Section 204(h)(1) of the Uranium Mill Tailings Radiation Control Act of 1978 is amended to read as follows:

"(h)(1) During the three-year period beginning on the date of the enactment of this Act, notwithstanding any other provision of this title, any State may exercise any authority under State law (including authority exercised pursuant to an agreement entered into pursuant to section 274 of the Atomic Energy Act of 1954) // 42 USC 2021. // respecting (A) byproduct material, as defined in section 11 e. (2) of the Atomic Energy Act of 1954, // 92 Stat. 3033. 42 USC 2014. // or (B) any activity which results in the production of byproduct material as so defined, in the same manner and to the same extent as permitted before the date of the enactment of this Act, except that such State authority shall be exercised in a manner which, to the extent practicable, is consistent with the requirements of section 274 o. of the Atomic Energy Act of 1954 (as added by section 204(e) of this Act). // 92 Stat. 3036. 42 USC 2021. // The Commission shall have the authority to ensure that such section 274 o. is implemented by any such State to the extent practicable during the three-year period beginning on the date of the enactment of this Act. Nothing in this section shall be construed to preclude the Commission or the Administrator of the Environmental Protection Agency from taking such action under section 275 of the Atomic Energy Act of 1954 // 92 Stat. 3039. 42 USC 2022. 42 USC 7911. 92 Stat. 3033. 42 USC 2113. // as may be necessary to implement title I of this Act.".

(c) The last sentence of section 83 a. of the Atomic Energy Act of 1954 is amended to read as follows: " Any license which is in effect on the effective date of this section and which is subsequently terminated without renewal shall comply with paragraphs (1) and (2) upon termination.".

(d) Section 204(e) of the Uranium Mill Tailings Radiation Control Act of 1978 // 92 Stat. 3037 42 USC 2021. // is amended by adding after paragraph (1) the following new paragraph:

"(2) The provisions of the amendment made by paragraph (1) of this subsection (which adds a new subsection o. to section 274 of the Atomic Energy Act of 1954) shall apply only to the maximum extent practicable during the three-year period beginning on the date of the enactment of this Act."

(e) Section 83(b)(1)(A) of the Atomic Energy Act of 1954 // 92 Stat. 3033. 42 USC 2113. // is amended--,

(1) by striking all that follows "transferred to--" down through " Unless" and inserting in lieu thereof the following:

"(i) the United States, or "(ii) the State in which such land is located, at the

option of

such State,

unless"; and

(2) by striking "section 84 b." and inserting in lieu thereof "section 81 of this Act".

// 42 USC 2111. //

TITLE II-- AUTHORIZATION OF REPAYMENT

SEC. 201. (a) That the State of Indiana (hereinafter referred to as the " State"), acting by and through the Indiana State Highway Commission, and the Indiana Toll Road Commission (hereinafter referred to as the "commission") shall be free of all restrictions with respect to the issuance of bonds or other obligations constituting a lien against the East-West Toll Road in northern Indiana (Interstate Route 80/90) (hereinafter referred to as the "toll road") or payable out of revenues derived from the toll road and with respect to the imposition, collection, and use of tolls and other charges on the toll road contained in title 23, United States Code, // 23 USC 101. // or in any regulation or agreement under such title upon--,

(1) repayment to the Treasurer of the United States of the sum of $1,936,894, which is the amount of Federal-aid highway funds received for the construction of the interchanges connecting the toll road with--,

(A) Interstate Route 69 in Steuben County, Indiana; (B) Interstate Route 80 in Lake County, Indiana; and (C) Interstate Route 65 in Lake County, Indiana; and

(2) issuance of new bonds by the commission at such time and in such principal amount as will provide bond proceeds available for payment of costs of construction and acquisition of right of way not less than the amount required to undertake and complete the required construction and the required acquisition of right of way, as defined in the subparagraphs (D) and (E) of this paragraph, such issuance to be made subject to a trust indenture which will be binding on the commission and will provide--,

(A) that the required construction and required

acquisition

of right of way will be performed and that the funds

from the bond proceeds will be allocated sufficient to

perform

the required construction and the required acquisition

of right of way before any other commitment of the bond

proceeds (other than the refunding of outstanding bonds

and

payment of costs of issuance) is made;

(B) that any revenues from the toll road, and any

proceeds

of the bonds issued in connection with the toll road

shall,

after payment of the costs of issuance, be used only

(i) for

payment of the costs, direct and indirect, of the

required

construction and the required acquisition of right of

way; (ii)

for the payment of the costs, direct and indirect, of

the

operation, maintenance, repair, and improvement of the

toll

road, including the construction of lane additions and

the

construction or modification of, and acquisition of

right of

way for interchanges; (iii) for the debt service,

payment, and

refunding of outstanding bonds, the proceeds of which

were

used for the construction of the toll road or any

improvement

thereto or for the refunding of such bonds; and (iv)

for

the payment to be made under paragraph (1) of this

section

and for the repayment to the State out of the proceeds

of the

sale of such new bonds of amounts required to be paid

by the

commission to the State under the provisions of

title 8,

article 15, chapter 2, section 20 of the Indiana Code

of 1971,

as amended to the date of enactment of this Act;

(C) that the commission will promptly commence

acquisition

of rights of way and preparation of final plans and

specifications for the required construction and that

it will

commence the required construction on or before

December

31, 1981, and that the commission will promptly begin

acquiring all the required acquisition of right of way

and will

commence acquiring such rights of way on or before

December

31, 1981;

(D) that the "required construction" shall mean and include the following, all given equal priority: (i) construction of a new interchange at Indiana State Highway 912 South (Cline Avenue) in Lake County, Indiana, and (ii) construction of a new interchange at Mishawaka in St. Joseph County, Indiana, between mileposts 080 and 085 of the toll road after consultation with the executive authority of the County of St. Joseph and

the

executive authority of the city of Mishawaka, Indiana,

and

(iii) construction of a new interchange in Elkhart County, Indiana, located between mileposts 095 and 102 of the toll road after consultation with the executive authority of the county of Elkhart, and (iv) construction of a new interchange at Willowcreek Road in Porter County, Indiana, and (v) construction of a new interchange at Indiana State Highway 912 North (Cline Avenue) in Lake County, Indiana, and (vi) construction of a new interchange at Indiana Highway 53 (Broadway) in Lake County, Indiana, and (vii) completion of construction of a new intechange at United States Highway 31 bypass in St. Joseph County, Indiana, Located at milepost 072 of the toll

road;

(E) that the term "required acquisition of right of way" shall mean and include the following: (i) acquisition of right of way at State Road 149 in Porter County, Indiana, sufficient for placement of a future interchange as construction funds (other than proceeds of the bonds issued in connection with the

trust

indenture provided herein) become available and after

consultation with the executive authority of the county

of Porter, and

(ii) acquisition of right of way at United States

Highway

20 in La Porte County, Indiana, sufficient for

placement

of a future interchange as construction funds

(other than proceeds of the bonds issued in connection

with the trust indenture provided for herein) become

available and after consultation with the executive

authority of the county of La Porte.

(b) The amount repaid to the United States under this title shall be deposited to the credit of the appropriation for " Federal-Aid Highway (Trust Fund)". Such repayment shall be credited to the unprogramed balance of the Federal-aid highway funds of the same class last apportioned to the State of Indiana. The amount so credited shall be in addition to all other funds then apportioned to the State of Indiana and shall be available for expenditure in accordance with the provisions of title 23, United States Code. // 23 USC 101. //

Approved November 9, 1979.

LEGISLATIVE HISTORY:

HOUSE REPORT No. 96 - 288 (Comm. on Public Works and Transportation).

SENATE REPORT No. 96 - 333 (Comm. on Environment and Public Works).

CONGRESSIONAL RECORD, Vol. 125 (1979):

July 9, considered and passed House.

Oct. 24, considered and passed Senate, amended.

Oct. 26, House concurred in certain Senate amendments, and in Senate amendment No. 7 with an amendment.

Oct. 29, Senate agreed to House amendment.

PUBLIC LAW 96-105, 93 STAT. 794

96th CONGRESS, S.J. RES. 117 NOVEMBER 8, 1979
Joint Resolution To provide for a temporary extension of certain Federal

Housing Administration

authorities, and for other purposes.

Resolved by the Senate and House of Representative of the United States of America in Congress assembled,

EXTENSION OF FEDERAL HOUSING ADMINISTRATION MORTGAGE INSURANCE AUTHORITIES

SECTION 1. (a) Section 2(a) of the National Housing Act // 12 USC 1703. // is amended by striking out " November 1, 1979" in the first sentence and inserting in lieu thereof " December 1, 1979".

(b) Section 217 of such Act // 12 USC 1715h. // is amended by striking out " October 31, 1979" and inserting in lieu thereof " November 30, 1979".

(c) Section 221(f) of such Act // 12 USC 1715l. // is amended by striking out " October 31, 1979" in the fifth sentence and inserting in lieu thereof " November 30, 1979".

(d) Section 235(m) of such Act // 12 USC 1715z. // is amended by striking out " October 31, 1979" and inserting in lieu thereof " November 30, 1979".

(e) Section 236(n) of such Act // 12 USC 1715z-1. // is amended by striking out " October 31, 1979" and inserting in lieu thereof " November 30, 1979".

(f) Section 244(d) of such Act // 12 USC 1715z-9. // is amended--,

(1) by striking out " October 31, 1979" in the first sentence and inserting in lieu thereof " November 30, 1979"; and

(2) by striking out " November 1, 1979" in the second sentence and inserting in lieu thereof " December 1, 1979".

(g) Section 245 of such Act // 12 USC 1715z-10. // is amended by striking out " October 31, 1979" where it appears and inserting in lieu thereof " November 30, 1979".

(h) Section 809(f) of such Act // 12 USC 1748h-1. // is amended by striking out " October 31, 1979" in the second sentence and inserting in lieu thereof " November 30, 1979".

(i) Section 810(k) of such Act // 12 USC 1748g-1. // is amended by striking out " October 31, 1979" in the second sentence and inserting in lieu thereof " November 30, 1979".

(j) Section 1002(a) of such Act // 12 USC 1749bb. // is amended by striking out " October 31, 1979" in the second sentence and inserting in lieu thereof " November 30, 1979".

(k) Section 1101(a) of such Act // 12 USC 1749aaa. // is amended by striking out " October 31, 1979" in the second sentence and inserting in lieu thereof " November 30, 1979".

EXTENSION OF FLEXIBLE INTEREST RATE AUTHORITY

SEC. 2. Section 3(a) of the Act entitled " An Act to amend chapter 37 of title 38 of the United States Code with respect to the veterans' home loan program, to amend the National Housing Act with respect to interest rates on insured mortgages, and for other purposes", approved May 7, 1968, as amended (12 U.S.C. 1709-1), is amended by striking out " November 1, 1979" and inserting in lieu thereof " December 1, 1979".

EXTENSION OF EMERGENCY HOME PURCHASE ASSISTANCE ACT

OF 1974

SEC. 3. Section 3(b) of the Emergency Home Purchase Assistance Act of 1974 // 12 USC 1723e // is amended by striking out " November 1, 1979" and inserting in lieu thereof " December 1, 1979".

REHABILITATION LOANS

SEC. 4. Section 312(h) of the Housing Act of 1964 // 42 USC 1452b. // is amended--,

(1) by striking out " October 31, 1979" and inserting in lieu thereof " November 30, 1979"; and

(2) by striking out " November 1, 1979" and inserting in lieu thereof " December 1, 1979".

EXTENSION OF RURAL HOUSING AUTHORITIES

SEC. 5. (a) Section 513 of the Housing Act of 1949 // 42 USC 1483. // is amended by striking out " October 31, 1979" where it appears in clauses (b), (c), and (d) and inserting in lieu thereof " November 30, 1979".

(b) Section 515 of such Act // 42 USC 1485. // is amended by striking out " October 31, 1979" where it appears in paragraph (b)(5) and inserting in lieu thereof " November 30, 1979".

(c) Section 517(a)(1) of such Act // 42 USC 1487. // is amended by striking out " October 31, 1979" and inserting in lieu thereof " November 30, 1979".

(d) Section 523(f) of such Act // 42 USC 1490c. // is amended--,

(1) by striking out " November 1, 1979" where it appears in paragraph (f) and inserting in lieu thereof " December 1, 1979"; and

(2) by striking out " October 31, 1979" where it appears in such paragraph (f) and inserting in lieu thereof " November 30, 1979".

Approved November 8, 1979.

LEGISLATIVE HISTORY:

CONGRESSIONAL RECORD, Vol. 125 (1979):

Oct. 29, considered and passed Senate.

Nov. 7, considered and passed House, amended; Senate agreed to House amendments.

PUBLIC LAW 96-104, 93 STAT. 789

96 TH CONGRESS, H.R. 2515 NOVEMBER 5, 1979
AN ACT To authorize on a temporary basis certain business and

agricultural loans, notwithstanding

interest limitations in State constitutions or

statues, and for other

purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That titles II and III of the Act entitled " An Act to authorize the regulation of interest rates payable on obligations, issued by affiliates of certain depository institutions, and for other purposes", approved October 29, 1974 (Public Law 93 - 501; 88 Stat. 1557), // 12 USC 85, 371b - 1, 371b - 1 note, 1425b, 1730e, 1828, 1831a 1831a 15 USC 687. // are hereby repealed, except that--,

(1) the amendments made by title II of such Act and the provisions of such title shall apply to any loan made in any State during the period specified in section 206 of such Act;

// 12 USC 5 //

and

(2) the amendments made by title III of such Act

// 12 USC 85 //

shall apply to any doposit made or obligation issued in any State during the period specified in section 304 of such Act.

TITLE I--INTEREST RATE AMENDMENTS REGARDING STATE USURY CEILINGS ON CERTAIN LOANS

SEC. 101. Section 5197 of the Revised Statutes, as amended (12 U.S. C. 85), is amended by inserting in the first and second sentences before the phrase "whichever may be the greater", the following: "or in the case of business or argiultural loans in the amount of $25,000 or more, at a rate of 5 per centum in excess of the discount rate on ninety-day commercial paper in effect at the Federal Reserve bank in the Federal Reserve district where the bank in located,".

SEC. 102. The Federal Deposit Insurance Act (12 U.S.C. 1811 - 1831) is amended by inserting after section 23 the following new section:

SEC. 24.

// 12 USC 1831a. // (a) In order to prevent discrimination against Statechartered insured bank with respect to interest rates, if the applicable rate prescribed in this subsection exceeds the rate such State bank would be permitted to charge in the absence of this subsection, a Ststate bank may in the case of business or agricultural loans in the amount of $25,000 or more, notwithstanding any State constitution or statue, which is hereby preempted for the purposes of this section, take, receive, reserve, and charge on any loan or discount made, or upon any note, bill of exchange, or other evidence of debt, interest at a rate of not more than 5 per centum in excess of the discount rate on ninety-day commercial paper in effect at the Federal Reserve bank in the Federal Reserve district where the bank is located, and such intreset may be taken in advance, reckoning the days for which the note, bill, or other evidence of debt has to run.

"(b) the rate prescribed in subsection (a) exceeds the rate such State bank would be permitted to charge in the absence of this pagagraph, and such State fixed rate is thereby preempted by the rate described in subsection (a), the taking, receiving, or charging a greater rate of interest than is allowed by subsection (a) when knowingly done, shall be deemed a forfeiture of the entire interest which the note, bill, or other evidence of debt carries with it, or which has been agreed to be paid thereon. If such greater rate of intrest has been paid, the person who paid it may recover in a civil action commenced in a court of appropriate jurisdiction not later than two years after the date of such payment, an amount equal to twice the amount of the interest paid from the State bank taking or receiving such interest."

SEC. 103. Title IV of the National Housing Act (12 u.s.c. 1724 - 1730f) is amended by inserting after section 411 the following new section:

"SEC.412. // 12 U.S.C. 1730e. // (a) If the applicable rate prescribed in this section exceeds the rate an insured institution would be permitted to charge in the absence of this section, such institution may in the case of business or agricultural loans in the amount of $25,000 or more, notwithstanding any State constitution or statute, which is hereby preempted for the purposes of this section, take, receive, reserve, and charge on any loan or discount made, or upon any note, bill of exchange, or other evidence of debt, interest at a rate of not more than 5 per centum in excess of the discount rate on ninety-day commercial paper in effect at the Federal Reserve bank in the Federal Reserve district where the institution is located, and such interest may be taken in advance, reckoning the days for which the note, bill, or other evidence of debt has to run.

"(b) If the rate prescribed in subsection (a) exceeds the rate such institution would be permitted to charge in the absence of this section, and such State fixed rate is thereby preempted by the rate described in subsection (a), the taking, receiving, reserving, or charging a greater rate of interest than that prescribed by susection (a), when knowingly done, shall be deemed a forfeiture of the entire interest which the note, bill, of debt carries with it, or which has been agreed to be paid thereon. If such greater rate of interest has been paid, the person who paid it may recover, in a civil action commenced in a court of appropiate jurisdiction not later twice the amount of the interest paid from the institution taking or receiving such interst."

SEC. 104. Subsection (h) of section 308 of the Small Business Investment Act of 1958 // 15 USC 6687 // is amended to read as follows:

"(h)(1) The purposes of this subsection is to facilitate the orderly and necessary flow of long-term loans and equity funds from small business investment compaines to small business concerns.

"(2) In the case of a business loan the principal amount of which is $25,000 or more, the small business investment company making such loan may charge interest on such loan at a rate which does not exceed the lowest of the rates described in subparagraphs (A), (B), and (C).

"(a) The rate described in this subparagraph is the maximum rate prescribed by regulation by the by the Small Business Administration for loans made by any small business investment company (determined without regard to any State rate incorporate by

such regulation).

"(B) the rate described in this subparagraph is the maximum rate authorized by an applicable State law which is not preempted for purposes of this subsection.

"(C)(i) The rate described in this subparagraph is the higher of the Federal Reserve rate or the maximum rate authorized by applicable State law (determined without regard to the preemption of such State law).

"(ii) For purposes of clause (i), the term ' Federal Reserve rate' means the rate equal to the sum of 5 percentage points plus the discount rate on 90-day commercial paper in effect at the Federal Reserve bank in the Federal Reserve district in which the princial office of the small business investment company is located.

"(iii) The rate described in this subparagraph shall not apply to loan made in a State if there is no maximum rate authorized by applicable State law for such loans or there is a maximum rate authorized by an applicable State law which is not preempted for purposes of this subsection.

"(3) A State law shall be preempted for purposes of paragraph (2)(B) with respect to any loan if such loan is made before the earliest of--,

"(A) July 1, 1981;

"(B) the date, after the date of the enactment of this pargraph, on which such State adopts a law stating in substance that such State does not want this subsection to apply with respect to loans made in such State; or "(C) the date on which such State certifies that the voters of such States, after the date of the enactment of this paragraph, have voted in favor of, or to retain, any law, provision of the constitution of such State, or amendment to the constitution of such State which prohibits the charging of interest at the rates provided in this subsection.

"(4)(A) If the maximum rate of interest authorized under paragraph (2) on any loan made by a small business investment company exceeds the rae which would be authorized by applicable State law if such State law were not preempted for purposes of this subsection, the charging of interest at any rate in excees of the rate authorized by paragraph (2) shall be deemed a forfeiture of the greater of (i) all interest which the loan carries with it, or (ii) all interest which has been agreed to be paid thereon.

"(B) In the case of any loan with respect to which there is a forfeiture of interest under subparagraph (A), the person who paid the interest may recover from a small business investment company making such loan an amount equal to twice the amount of the interest paid on such loan. Such interest may be recovered in a civil action commenced in a court of appropriate jursdiction not later than 2 years after the most recent payment of interest.".

SEC. 105. // 12 USC 86a // (a) In order to prevent discrimination against any financial institution chartered pursuant to the statutes of the United States with respect to interest rates, if the applicable rate prescribed in this section exceeds the rate such federally chartered financial institution would be permitted to charge in the absence of this section, the federally chartered financial institution may in the case of business or agricultural loans in the amount of $25,000 or more, notwithstanding any State constitution or statute, which is hereby preempted for the purposes of this section, take, receive, reserve, and charge on any loan, interest at a rate of not more than 5 per centum in excess of the discount rate on ninety-day commercial paper in effect at the Federal Reserve bank in the Federal Reserve district where the federally chartered financial institution is located.

(b) If the rate prescribed in subsection (a) exceeds the rate such federally chartered financial institution would be permitted to charge in the absence of this section, and such State fixed rate is thereby preempted by the rate described in subsection (a), the taking, receiving, reserving, or charging a greater rate than is allowed by subsection (a), when knowingly done, shall be deemed a forfeiture of the entire interest which the loan carries with it, or which has been agreed to be paid thereon. If such greater rate of interest has been paid, the person who paid it may recover, in a civil action commenced in a court of appropriate jurisdiction not later than two years after the date of such payment, an amount equal to twice the amount of interest paid from the federally chartered financial institution taking or receiving such interest.

SEC. 106. If any provision of this title // 12 USC 1831a // or tha application of such provision to any person or circumstance shall be held invalid, the remainder of the title and the application of such provision to any person or circumstance other than that as to which it is held invalid shall not be affected thereby.

SEC. 107. The amendments made by this title // 12 USC 1831a // and the provisions of this title shall apply only with respect to loans made in any State during the period beginning on the date of the enactment of this Act and ending on the earlier of--,

(1) July 1, 1981;

(2) the date, after the date of the enactment of this Act, on which such State adopts a law stating in substance that such State does not want the amendments made by this title and the provisions of this title to apply with respect to loans made in such State; or

(3) the date on which such State certifies that the voters of such State, after the date of the enactment of this Act, have voted in favor of, or to retain, any law, provision of the constitution of such State, or amendment to constitution of such State which prohibits the charging of interest at the rates provided in the amendments made by title and the provisions of this title.

TITLE ii--APPLICABILITY OF STATE USURY CEILINGS TO CERTAIN OBLIGATIONS ISSUED BY BANKS AND AFFILIATES

SEC. 201. Section 19 of the Federal Reserve Act (12 U.S.C. 461 et seq.) is amended by inserting after subsection (j) the following new subsection:

"(k) No member bank or affiliate thereof, or any successor or assignee of such member bank or affiliate or any endorser, guarantor, or surety of such member bank or affiliate may plead, raise, or claim directly or by counterclaim, setoff, or otherwise, with respect to any deposit or obligation of such member bank or affiliate, any defense, right, or benefit under any provision of a statute or constitution of a State or a territory of the United States, or any law of the District of Columbia, regulating or limiting the rate of interest which may be charged, taken, received, or reserved, and any such provision is hereby preempted, and no civil or criminal penalty which would otherwise be applicable under such provision shall apply to such member bank or affiliate or to any other person.".

SEC. 202. Section 18 of the Federal Despoist Insurance Act (12 U.S. C. 1828) is amended by inserting after subsection (j) the following new subsection:

"(k) No insured nonmember bank or affiliate thereof, or any successor or assignee of such bank or affiliate or any endorser, guarantor, or surety of such bank or affiliate may plead, raise, or claim, directly or by counterclaim, setoff, or otherwise, with respect to any deposit or obligation of such bank or affiliate, any defense, right, or benefit under any provision of a statute or constitution of a State or of a territory of the United States, or any law of the District of Columbia, regulating or limiting the rate of interest which may be charged, taken, received,or reserved, and any such provision is hereby preempted, and no civil or criminal penalty which would otherwise be applicable under such provision shall apply to such bank or affiliate or to any other person.".

SEC. 203. SECTION 5b of the Federal Home Loan Bank Act (12 U.S.C. 1425b) is amended by inserting after subsection (d) the following new subsection:

"(e) No member or nonmember association, institution, or bank or affiliate thereof, or any successor or assignee, or any endorser guarantor, or surety thereof may plead, raise, or claim, directly or by counterclaim, setoff, or otherwise, with respect to any deposit or obligation of such member or nonmember association, institution, bank, or affiliate, any defense, right, or benefit under any provision of a statute or constitution of a State or of a territory of the United States, or of any law of the District of Columbia, regulating or limiting the rate of interest which may be charged, taken, received, or reserved, and any such provision is hereby preempted, and no civil or criminal penalty which would otherwise be applicable under such provision shall apply to such member or nonmember association, institution, bank, or affiliate or to any other person.".

SEC. 204. The amendments made by this title // 12 USC 371b-1 // shall apply only with respect to deposits made or obligations issued in any State during the period beginning on the date of the enactment of this Act and ending on the earlier of--,

(1) July 1, 1981;

(2) the date, after the date of the enactment of this Act, on which such State adopts a law stating in substance that such State does not want the amendments made by this title to apply with respect to such deposits and obligations; or

(3) the date on which such State certifies that the voters of such State, after the date of the enactment of this Act, have voted in favor of, or to retain, any law, provision of the constitution of such State, or amendment to the constitution of such State which limits the amount of interest which may be charged in connection with such deposits and obligations.

TITLE III-- LIMITATION

SEC. 301. This Act // 12 USC 86a // shall applu only in those States having a constitutional provision which provides that all contrats for a greater rate of interest than 10 per centum per annum shall be void, as to prinicpal and interest.

Approved November 5, 1979.

LEGISLATIVE HISTORY:

SENATE REPORT No. 96 - 364 (Comm. on Banking, Housing, and Urban Affairs).

CONGRESSIONAL RECORD, Vol. 125 (1979):

Sept. 24, considered and passed House.

Oct. 12, considered and passed Senate, amended.

Nov. 1, House concurred in Senate, amendment.

PUBLIC LAW 96-103, 93 STAT. 771, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT-INDEPENDENT AGENCIES APPROPRIATIONS ACT, 1980

96th CONGRESS, H.R. 4394 NOVEMBER 15, 1979
An Act Making appropriations for the Department of Housing and

Urban Development,

and for sundry independent agencies, boards,

commissions, corporations, and

offices for the fiscal year ending September 30, 1980,

and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Department of Housing and Urban Development, and for sundry independent agencies, boards, commissions, corporations, and offices for the fiscal year ending September 30, 1980, and for other purposes, namely:

TITLE I DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Housing Programs ANNUAL CONTRIBUTIONS FOR ASSISTED HOUSING

The amount of contracts for annual contributions, not otherwise provided for, as authorized by section 5 of the United States Housing Act of 1937, as amended (42 U.S.C. 1437c), and heretofore approved in annual appropriations acts, is increased by $1,140,661,000 of which not less than nor more than $50,000,000 shall be for the modernization of existing low-income housing projects: Provided, That budget authority obligated under such contracts shall be increased above amounts heretofore provided in annual appropriations acts by $26,680,128,000: Provided further, That any balances of authorities remaining at the end of fiscal year 1979 shall be added to and merged with the authority provided herein and made subject only to terms and conditions of law applicable to authorizations becoming available in fiscal year 1980.

RENT SUPPLEMENT

The limitation otherwise applicable to the maximum payments that may be required in any fiscal year by all contracts entered into under section 101 of the Housing and Urban Development Act of 1965 (12 U.S.C. 1701s), is reduced in fiscal year 1980 by the uncommitted balances of authorizations provided for this purpose in Appropriation Acts.

HOUSING PAYMENTS

For the payment of annual contributions, not otherwise provided for, in accordance with section 5 of the United States Housing Act of 1937, as amended (42 U.S.C. 1437c); for payments authorized by title IV of the Housing Act of 1950, as amended (12 U.S.C. 1749 et seq.); for rent supplement payments authorized by section 101 of the Housing and Urban Development Act of 1965, as amended (12 U.S.C. 1701s); and for payments as authorized by sections 235 and 236 of the National Housing Act, as amended (12 U.S.C. 1715z, 1715z-1), $5,529,000,000.

HOUSING FOR THE ELDERLY OR HANDICAPPED FUND

The limitation on the aggregate loans that may be made under section 202 of the Housing Act of 1959, as amended (12 U.S.C. 1701q), from the fund authorized by subsection (a)(4) of such section, is increased by $830,000,000, together with any portion of loan limitations established for fiscal years beginning after June 30, 1975 which was not administratively committed or which becomes uncommitted, in accordance with paragraph (C) of such subsection, which funds shall be available only to qualified nonprofit sponsors for the purpose of providing 100 per centum loans for the development of housing for the elderly or handicapped, with any cash equity or other financial commitments imposed as a condition of loan approval to be returned to the sponsor if sustaining occupancy is achieved in a reasonable period of time: Provided, That the full amount shall be available for permanent financing (including construction financing) for housing projects for the elderly or handicapped: Provided further, That the Secretary may borrow from the Secretary of the Treasury in such amounts as are necessary to provide the loans authorized herein: Provided further, That, notwithstanding any other provision of law, the receipts and disbursements of the aforesaid fund shall be included in the totals of the Budget of the United States Government.

CONGREGATE SERVICES PROGRAM

For contracts with and payments to public housing agencies and nonprofit corporations for congregate services programs as authorized by the Congregate Housing Services Act of 1978, // 92 Stat. 2104. 42 USC 8001. // $10,000,000 to remain available until September 30, 1984.

PAYMENTS FOR OPERATION OF LOW- INCOME HOUSING

PROJECTS

For payments to public housing agencies for operating subsidies for low-income housing projects as authorized by section 9 of the United States Housing Act of 1937, as amended (42 U.S.C. 1437g), $741,500,000.

TROUBLED PROJECTS OPERATING SUBSIDY

For assistance payments to owners of eligible multifamily housing projects insured, or formerly insured, under the National Housing Act, as amended, in the program of operating subsidies for troubled multifamily housing projects under the Housing and Community Developement Amendments of 1978, // 92 Stat. 2080. 42 USC 5301. // $79,500,000, together with any excess rental charges collected after September 30, 1977, to remain availabe until September 30, 1981: Provided, That assistance payments to an owner of a multifamily housing project assisted, but not insured, under the National Housing Act may be made if the project owner and the mortgagee have provided or agreed to provide assistance to the project in a manner as determined by the Secretary of Housing and Urban Development.

FEDERAL HOUSING ADMINISTRATION FUND

For payment to cover losses, not otherwise provided for, sustained by the Special Risk Insurance Fund and the General Insurance Fund, $194,850,000, to remain available until expended, as authorized by the National Housing Act, as amended (12 U.S.C. 1715z-3(b) and 1735c(f).

COLLEGE HOUSING- LOANS AND OTHER EXPENSES

The aggregate amount of commitments for loans made from the fund established pursuant to title IV of the Housing Act of 1950, as amended (12 U.S.C. 1749), for the fiscal year 1980 shall not exceed the total of loan repayments and other income available during such period, less operating costs.

GOVERNMENT NATIONAL MORTGAGE ASSOCIATION SPECIAL ASSISTANCE FUNCTIONS FUND

The aggregate amount of purchases and commitments authorized to be made pursuant to section 305 of the National Housing Act, as amended (12 U.S.C. 1720), is further increased by $2,000,000,000, which shall be out of recaptured Special Assistance Purchase authority.

PAYMENT OF PARTICIPATION SALES INSUFFICIENCIES

For the payment of such insufficiencies as may be required by the Government National Mortgage Association, as trustee, on account of outstanding beneficial interests or participations in assets of the Department of Housing and Urban Development (including the Government National Mortgage Association) authorized by the Independent Offices and Department of Housing and Urban Development Appropriation Act, 1968, // 81 Stat. 341. // to be issued pursuant to section 302(c) of the Federal National Mortgage Association Charter Act, as amended (12 U.S.C. 1717), $16,971,000.

COMMUNITY PLANNING AND DEVELOPMENT COMMUNITY DEVELOPMENT GRANTS

For grants to States and units of general local government and for related expenses, not otherwise provided for, necessary for carrying out a community development grant program as authorized by title I of the Housing and Community Development Act of 1974, as amended (42 U.S. C. 5301), $3,800,000,000, to remain available until September 30, 1982: Provided, That not to exceed 20 per centum of any grant made pursuant to section 103(a) of title I of the Housing and Community Development Act of 1974, // 42 USC 5303. // as amended, shall be expended for " Planning and Management Development" and " Administration" as defined in regulations promulgated by the Department of Housing and Urban Development.

For grants to units of general local government pursuant to section 103(b) of title I of the Housing and Community Development Act of 1974, as amended (42 U.S.C. 5301), // 42 USC 5303. // $100,000,000, to remain available until September 30, 1982.

URBAN DEVELOPMENT ACTION GRANTS

For grants pursuant to section 103(c) of title I of the Housing and Community Development Act of 1974, // 42 USC 5303. // as amended (42 U.S.C. 5301), $675,000,000, to remain available until September 30, 1982.

COMPREHENSIVE PLANNING GRANTS

For grants as authorized by section 701 of the Housing Act of 1954, as amended (40 U.S.C. 461), $42,500,000, to remain available until expended.

REHABILITATION LOAN FUND

For the revolving fund established pursuant to section 312 of the Housing Act of 1964, as amended (42 US.C. 1452b), $135,000,000, together with collections, unexpended balances of prior appropriations, and all other amounts in the revolving fund which will be available on or after September 30, 1979, to remain available until expended, for commitments for loans and operating costs for fiscal year 1980.

NEIGHBORHOODS, VOLUNTARY ASSOCIATIONS AND CONSUMER PROTECTION HOUSING COUNSELING ASSISTANCE

For contracts, grants, and other assistances, not otherwise provided for, for providing counseling and advice to tenants and home- owners-- both current and prospective--with respect to property maintenance, financial management, and such other matters as may be appropriate to assist them in improving their housing conditions and meeting the responsibilities of tenancy or homeownership, including provisions for training and for support of voluntary agencies and services as authorized by section 106(a)(1)(iii) and section 106(a)(2) of the Housing and Urban Development Act of 1968, // 12 USC 1701x. // as amended, $9,000,000.

NEIGHBORHOOD SELF- HELP DEVELOPMENT PROGRAM

For contracts, grants, and other assistance, not otherwise provided for, to neighborhood organizations as authorized by the Neighborhood Self-Help Development Act of 1978 (42 U.S.C. 8121 - 8124), // 92 Stat. 2119. // $10,000,000, to remain available until September 30, 1981.

POLICY DEVELOPMENT AND RESEARCH RESEARCH AND TECHNOLOGY

For contracts, grants, and necessary expenses of programs of research and studies relating to housing and urban problems, not otherwise provided for, as authorized by title V of the Housing and Urban Development Act of 1970, as amended (12 U.S.C. 1701z-1 et seq.), including carrying out the functions of the Secretary under section 1( a)(1)(i) of Reorganization Plan No. 2 of 1968, // 49 USC 1608. // $49,650,000, to remain available until September 30, 1981.

Fair Housing AND Equal Opportunity FAIR HOUSING ASSISTANCE

For contracts, grants, and other assistance, not otherwise provided for, as authorized by title VIII of the Civil Rights Act of 1968, // 42 USC 3601. // as amended, $3,700,000, to remain available until expended.

MANAGEMENT AND ADMINISTRATION SALARIES AND EXPENSES (INCLUDING TRANSFER OF FUNDS)

For necessary administrative and nonadministrative expenses of the Department of Housing and Urban Development, not otherwise provided for, including not to exceed $3,000 for official reception and representation expenses, $539,307,000, of which $255,118,000 shall be provided from the various funds of the Federal Housing Administration.

TITLE II INDEPENDENT AGENCIES AMERICAN BATTLE MONUMENTS COMMISSION SALARIES AND EXPENSES

For necessary expenses, not otherwise provided for, of the American Battle Monuments Commission, including the acquisition of land or interest in land in foreign countries; purchases and repair of uniforms for caretakers of national cemeteries and monuments outside of the United States and its territories and possessions; rent of office and garage space in foreign countries; purchase (four for replacement only) and hire of passenger motor vehicles; and insurance of official motor vehicles in foreign countries when required by law of such countries; $7,603,000, of which $40,000 shall remain available until expended: Provided, That where station allowance has been authorized by the Department of the Army for officers of the Army serving the Army at certain foreign stations, the same allowance shall be authorized for officers of the Armed Forces assigned to the Commission while serving at the same foreign stations, and this appropriation is hereby made available for the payment of such allowance: Provided further, That when traveling on business of the Commission, officers of the Armed Forces serving as members or as secretary of the Commission may be reimbursed for expenses as provided for civilian members of the * commission: Provided further, That the Commission shall reimburse other Government agencies, including the Armed Forces, for salary, pay, and allowances of personnel assigned to it.

CONSUMER PRODUCT SAFETY COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Consumer Product Safety Commission, including rent in the District of Columbia, hire of passenger motor vehicles, services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem rate equivalent to the rate for GS-18, and not to exceed $500 for official reception and representation, $40,600,000: Provided, That funds provided by this appropriation for laboratories shall be available only for the acquisition or conversion of existing laboratories.

DEPARTMENT OF DEFENSE- CIVIL CEMETERIAL EXPENSES,

ARMY

SALARIES AND EXPENSES

For necessary expense, as authorized by law, of maintenance, operation, and improvement of the cemetery at the Soldiers' and Airmen's Home and Arlington National Cemetery, including the purchase of one passenger motor vehicle, $8,326,000, to remain available until expended: Provided, That reimbursement shall be made to the applicable military appropriation for the pay and allowances of any military personnel performing services primarily for the purposes of this appropriation.

ENVIRONMENTAL PROTECTION AGENCY SALARIES AND EXPENSES

For necessary expenses, not otherwise provided for, including hire of passenger motor vehicles; hire, maintenance, and operation of aircraft; uniforms, or allowances therefore, as authorized by 5 U.S.C. 5901 - 5902; services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem rate equivalent to the rate for GS-18; purchase of reprints; library memberships in societies or associations which issue publications to members only or at at a price to members lower than to subscribers who are not members; and not to exceed $3,000 for official reception and representation expenses, $513,319,000.

RESEARCH AND DEVELOPMENT

For research and development activities, $233,568,000, to remain available until September 30, 1981.

ABATEMENT, CONTROL AND COMPLIANCE

For abatement, control and compliance activities, $508,892,000, to remain available until September 30, 1981.

BUILDINGS AND FACILITIES

For construction, repair, improvement, extension, alteration, and purchase of fixed equipment of facilities of or used by the Environmental Protection Agency, $1,425,000, to remain available until expended.

CONSTRUCTION GRANTS

For necessary expenses to carry out title II of the Federal Water Pollution Control Act, // 33 USC 1281. 33 USC 1286, 1288, 1289. // as amended, other than sections 206, 208, and 209, $3,400,000,000, to remain available until expended, and for liquidation of obligations incurred pursuant to auhority contained in section 203, // 33 USC 1283. // $1,500,000,000, to remain available until expended.

UNITED STATES REGULATORY COUNCIL

For necessary expenses of the United States Regulatory Council, including services as authorized by 5 U.S.C. 3109, $3,038,000.

ADMINISTRATIVE PROVISION

Not to exceed 2 per centum of any appropriation made available to the Environmental Protection Agency by this Act (except appropriations for " Construction grants") may be transferred to any other such appropriation.

EXECUTIVE OFFICE OF THE PRESIDENT COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF ENVIRONMENTAL QUALITY

For necessary expenses of the Council on Environmental Quality and the Office of Environmental Quality, in carrying out their functions under the National Environmental Policy Act of 1969 (Public Law 91 - 190), // 42 USC 4321. // the Environmental Quality Improvement Act of 1970 (Public Law 91 - 224), // 42 USC 4371 note. 5 USC. // and Reorganization Plan No. 1 of 1977, including not to exceed $500 for official reception and representation expenses, and hire of passenger motor vehicles, $3,126,000.

OFFICE OF SCIENCE AND TECHNOLOGY POLICY

For necessary expenses of the Office of Science and Technology Policy, in carrying out the purposes of the National Science and Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C. 6601 and 6671), hire of passenger motor vehicles, services as authorized by 5 U.S.C. 3109, not to exceed $1,000 for official reception and representation expenses, and rental of conference rooms in the District of Columbia, $2,625,000.

FEDERAL EMERGENCY MANAGEMENT AGENCY FUNDS APPROPRIATED TO THE PRESIDENT DISASTER RELIEF

For necessary expenses in carrying out the functions of the Disaster Relief Act of 1970, as amended (42 U.S.C. 4401), the Disaster Relief Act of 1974, as amended (42 U.S.C. 5202), and Reorganization Plan No. 3 of 1978, // 3 CFR 1978 // authorizing assistance to States and local governments, $193,600,000, to remain available until expended.

EMERGENCY PLANNING, PREPAREDNESS AND MOBILIZATION

For necessary expenses, not otherwise provided for, to carry out civil defense and emergency preparedness activities, including activities authorized by section 103 of the National Security Act (50 U.S.C. 404), the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98 - 98h-8), the Federal Civil Defense Act of 1950, as amended (50 U.S.C. App. 2251 - 2297), and the Defense Production Act of 1950, as amended (50 U.S.C. App. 2061 - 2166), $129,621,000 of which not to exceed $37,100,000 shall be available for allocation under section 205 of the Federal Civil Defense Act of 1950, // 50 USC app. 2286. // as amended.

HAZARD MITIGATION AND DISASTER ASSISTANCE

For necessary expenses, not otherwise provided for, to carry out activities under the National Flood Insurance Act of 1968, // 42 USC 4001 // as amended, the Flood Disaster Protection Act of 1973 (42 U.S. C. Chap. 50), the Urban Property Protection Act of 1968, // 42 USC 4001 // as amended, the National Insurance Development Act of 1975 (12 U.S. C. 1749 bbb), // 12 USC 1701 // the Disaster Relief Act of 1974 (42 U. S.C. 5121 et seq.), the Earthquake Hazards Reduction Act of 1977 (42 U. S.C. 7701 - 7706), the Federal Fire Prevention and Control Act of 1974, as amended (15 U.S.C. 278f, 278q, and 2201 - 2219), the National Science and Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C. 6601, 6671) and Reorganization Plan No. 3 of 1978, // 3 CFR 1978 Comp., p. 329. // including not to exceed $500 for official reception and representation expenses, $118,709,000.

ADMINISTRATIVE PROVISIONS

Appropriations contained in this Act for the Federal Emergency Management Agency shall be available for hire of motor vehicles, services as authorized by 5 U.S.C. 3109, and expenses of attendance of cooperating officials and individuals at meetings concerned with the work of emergency preparedness.

Appropriations contained in this Act for the Federal Emergency Management Agency shall be available for the provision of transportation in connection with the continuity of government program to the same extent and in the same manner as permitted the Secretary of a Military Department under 10 U.S.C. 2632.

GENERAL SERVICES ADMINISTRATION CONSUMER INFORMATION CENTER

For necessary expenses of the Consumer Information Center, including services authorized by 5 U.S.C. 3109, $1,315,000: Provided, That this appropriation shall be available hereafter, subject to reimbursement by user agencies, for payment to the Government Printing Office for distribution of free consumer information.

DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE OFFICE OF CONSUMER AFFAIRS

For necessary expenses of the Office of Consumer Affairs, including services authorized by 5 U.S.C. 3109, $1,861,000.

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION RESEARCH AND DEVELOPMENT

For necessary expenses, not otherwise provided for, including research, development, operations, services, minor construction, maintenance, repair, rehabilitation and modification of real and personal property; tracking and data relay satellite services as authorized by law; purchase, hire, maintenance, and operation of other than administrative aircraft, necessary for the conduct and support of aeronautical and space research and development activities of the National Aeronautics and Space Administration; and including not to exceed $116,100,000 for Project Galileo and not to exceed $18,300,000 for space transportation system upper stages, without the approval of the Committees on Appropriations, $3,807,500,000, to remain available untile September 30, 1981.

CONSTRUCTION OF FACILITIES

For construction, repair, rehabilitation and modification of facilities, minor construction of new facilities and additions to existing facilities, and for facility planning and design not otherwise provided, for the National Aeronautics and Space Administration, and for the acquisition or condemnation of real property, as authorized by law, $156,100,000, to remain available until September 30, 1982: Provided, That, notwithstanding the limitation on the availability of funds appropriated under this head by this appropriation Act, when any activity has been initiated by the incurrence of obligations therefor, the amount available for such activity shall remain available until expended, except that this provision shall not apply to the amounts appropriated pursuant to the authorization for repair, rehabilitation and modification of facilities, minor construction of new facilities and additions to existing facilities, and facility planning and design.

RESEARCH AND PROGRAM MANAGEMENT

For necessary expenses of research in government laboratories, management of programs and other activities of the National Aeronautics and Space Administration, not otherwise provided for, including uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901 - 5902); awards; hire, maintenance and operation of administrative aircraft; purchase (not to exceed thirty-two for replacement only) and hire of passenger motor vehicles; and maintenance and repair of real and personal property, and not in excess of $75,000 per project for construction of new facilities and additions to existing facilities, repairs, and rehabilitation and modification of facilities; $959,900,000: Provided, That contracts may be entered into under this appropriation for maintenance and operation of facilities, and for other services, to be provided during the next fiscal year: Provided further, That not to exceed $25,000 of the foregoing amount shall be available for scientific consultations or extraordinary expense, to be expended upon the approval or authority of the Administrator and his determination shall be final and conclusive.

NATIONAL COMMISSION ON AIR QUALITY SALARIES AND EXPENSES

For necessary expenses of the National Commission on Air Quality as authorized by the Clean Air Act Amendments of 1977 (42 U.S.C. 7623 and 7626), including services as authorized by 5 U.S.C. 3109, and not to exceed $145,000 for travel expenses, $5,500,000.

National Consumer Cooperative Bank SALARIES AND EXPENSES

For necessary administrative expenses and technical assistance of the National Consumer Cooperative Bank, including the Office of Self-Help Development and Technical Assistance, as authorized by sections 112 and 209 of the National Consumer Cooperative Bank Act (12 U.S.C. 3022 and 3049), // 92 Stat. 510, 513. // $7,950,000: Provided, That none of these funds shall be used to retire any of the indebtedness of the National Consumer Cooperative Bank.

SELF- HELP DEVELOPMENT

For advances by the Office of Self-Help Development and Technical Assistance as authorized by section 202 of the National Consumer Cooperative Bank Act (12 U.S.C. 3042), // 92 Stat. 511. // $17,000,000, to remain available until September 30, 1981.

NATIONAL CREDIT UNION ADMINISTRATION CENTRAL LIQUIDITY FACILITY

The amount which may be borrowed, from the public or any other source except the Secretary of the Treasury, by the Central Liquidity Facility as authorized by the National Credit Union Central Liquidity Facility Act (12 U.S.C. 1795), // 92 Stat. 3719. // shall not exceed $300,000,000: Provided, That administrative expenses of the Central Liquidity Facility in fiscal year 1980 shall not exceed $1,756,000.

NATIONAL INSTITUTE OF BUILDING SCIENCES SALARIES And Xpenses

For necessary expenses of the National Institute of Building Sciences as authorized by section 809 of the Housing and Community Development Act of 1974, as amended (12 U.S.C. 1701j-2), $750,000.

NATIONAL SCIENCE FOUNDATION RESEARCH AND RELATED ACTIVITIES

For necessary expenses in carrying out the purposes of the National Science Foundation Act of 1950, as amended (42 U.S.C. 1861 - 1875), title IX of the National Defense Education Act of 1958 (42 U.S.C. 1876 - 1879), and the Act to establish a National Medal of Science (42 U.S. C. 1880 - 1881); services as authorized by U.S.C. 3109; maintenance and operation of aircraft and purchase of flight services for research support; hire of passenger motor vehicles; not to exceed $2,500 for official reception and representation expenses; not to exceed $58,100,000 for program development and management; uniforms or allowances therefore, as authorized by law (5 U.S.C. 5901 - 5902); rental of conference rooms in the District of Columbia; and reimbursement of the General Services Administration for security guard services; $906,050,000, to remain available until September 30, 1981: Provdied, That not more than $60,900,000 shall be available for Applied Science and Research Applications: Provided further, That receipt for scientific support services and materials furnished by the National Research Centers and other National Science Foundation supported research facilities may be credited to this appropriation: Provided further, That to the extent that the amount appropriated is less than the total amount authorized to be appropriated for included program activities, all amounts, including floors and ceilings, specified in the authorizing Act for those program activities or their subactivities shall be reduced proportionally: Provided further, That if an institution of higher education receiving funds hereunder determines after affording notice and opportunity for hearing to an individual attending, or employed by, such institution, that such individual has, after the date of enactment of this Act, willfully refused to obey a lawful regulation or order of such institution and that such refusal was of a serious nature and contributed to the disruption of the administration of such institution, then the institution shall deny any further payment to, or for the benefit of, such individual.

SCIENCE EDUCATION ACTIVITIES

For necessay expenses in carrying out science education programs and activities pursuant to the purposes of the National Science Foundation Act of 1950, as amended (42 U.S.C. 1861 - 1875), including award of graduate fellowships, services as authorized by 5 U.S.C. 3109, and rental of conference rooms in the District of Columbia, $84,700,000: Provided, That to the extent that the amount of this appropriation is less than the total amount authorized to be appropriated for included program activities, all amounts, including floors and ceilings, specified in the authorizing Act for those program activities or their subactivities shall be reduced proportionally.

SCIENTIFIC ACTIVITIES OVERSEAS (SPECIAL FOREIGN

CURRENCY

PROGRAM)

For payments in foreign currencies which the Treasury Department determines to be excess to the normal requirements of the United States, for scientific activities, as authorized by law, $5,500,000, to remain available until September 30, 1981: Provided, That this appropriation shall be available in addition to other appropriations to the National Science Foundation, for payments in the foregoing currencies.

NEIGHBORHOOD REINVESTMENT CORPORATION SALARIES AND EXPENSES

For payment to the Neighborhood Reinvestment Corporation for use in neighborhood reinvestment activities, as authorized by the Neighborhood Reinvestment Corporation Act (42 U.S.C. 8101 - 8107), // 92 Stat. 2115. 42 USC 8101. // $12,000,000.

Selective Service System SALARIES AND EXPENSES

For necessary expenses of the Selective Service System, including expenses of attendance at meetings and of training for uniformed personnel assigned to the Selective Service System, as authorized by law (5 U.S.C. 4101 - 4118) for civiliam employees; and not to exceed $500 for official reception and representation expenses; $7,830,000: Provided, That during the current fiscal year, the President may exempt this appropriation from the provisions of subsection (c) of section 3679 of the Revised Statutes, // 31 USC 665. // as amended, whenever he deems such action to be necessary in the interest of national defense: Provided further, That none of the funds appropriated by this Act may be expended for or in connection with the induction of any person into the Armed Forces of the United States.

DEPARTMENT OF THE TREASURY PAYMENTS TO STATE AND LOCAL GOVERNMENT FISCAL

ASSISTANCE

TRUST FUND

For payments to the State and Local Government Fiscal Assistance Trust Fund, as authorized by the State and Local Fiscal Assistance Act of 1972, as amended (31 U.S.C. 1221 - 1263), $6,854,924,000.

OFFICE OF REVENUE SHARING, SALARIES AND EXPENSES

For necessary expenses in the OFFICE of REVENUE SHARING, including the hire of passenger motor vehicles, $6,237,000.

NEW YORK CITY LOAN GUARANTEE PROGRAM, ADMINISTRATIVE EXPENSES

For necessary administrative expenses as authorized by the New York City Loan Guarantee Act of 1978, // 92 Stat. 460, 914. 31 USC 1521. // (Public Law 95 - 415), $1,022,000.

INVESTMENT IN NATIONAL CONSUMER COOPERATIVE BANK

For the purchase of class A stock issued by the National Consumer Cooperative Bank as authorized by section 104 of the National Consumer Cooperative Bank Act (12 U.S.C. 3014), // 92 Stat. 503. // $49,050,000, to remain available until September 30, 1981: Provided, That such amount shall also be the limit on the aggregate amount of commitments by the Bank to make or to guarantee loans in accordance with section 108 of the Act (12 U.S.C. 3018). // 92 Stat. 508. //

VETERANS ADMINISTRATION COMPENSATION AND PENSIONS

For the payment of compensation, pensions, gratuities, and allowances, including burial awards, plot allowances, burial flags, headstones and grave markers, emergency and other officers' retirement pay, adjusted-service credits and certificates, and other benefits as authorized by law; and for payment of premiums due on commercial life insurance policies guaranteed under the provisions of article IV of the Soldiers' and Sailors' Civil Relief Act of 1940, // 50 USC app. prec. 540. // as amended, $11,201,800,000, to remain available until expended.

READJUSTMENT BENEFITS

For the payment of readjustment and rehabilitation benefits to or on behalf of veterans as authorized by law (38 U.S.C. chapters 21, 31, 32, 34 - 36 and 39), // 38 USC 801, 1501, 1601, 1651 - 1770, 1901. // $2,278,535,000, to remain available until expended.

VETERANS INSURANCE AND INDEMNITIES

For military and naval insurance, national service life insurance, servicemen's indemnities, and service-disabled veterans insurance, $5,400,000, to remain available until expended.

MEDICAL CARE

For necessary expenses for the maintenance and operation of hospitals, nursing homes, and domiciliary facilities; for furnishing, as authorized by law, inpatient and outpatient care and treatment to beneficiaries of the Veterans Administration, including care and treatment in facilities not under the jurisdiction of the Vertans Administration, and furnishing recreational facilities, supplies and equipment; funeral, burial and other expenses incidental thereto for beneficiaries receiving care in Veterans Administration facilities; repairing, altering, improving or providing facilities in the several hospitals and homes under the jurisdiction of the Veterans Administration, not otherwise provided for, either by contract or by the hire of temporary employees and purchase of materials; uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901 - 5902); and aid to State homes as authorized by law (38 U.S.C. 641); $5,683,700,000, plus reimbursements.

MEDICAL AND PROSTHETIC RESEARCH

For necessary expenses in carrying out programs of medical and prosthetic research and development, as authorized by law, to remain available until September 30, 1981, $122,847,000, plus reimbursements.

MEDICAL ADMINISTRATION AND MISCELLANEOUS OPERATING

EXPENSES

For necessary expenses in the administration of the medical, hospital, domiciliary, construction and supply, research, employee education and training activities, as authorized by law, and for carrying out the provisions of section 5055, title 38, United States Code, relating to pilot programs and grants for exchange of medical information, $47,606,000, plus reimbursements.

GENERAL OPERATING EXPENSES

For necessary operating expenses of kthe Veterans Administration, not otherwise provided for, including uniforms or allowances therefor, as authorized by law; not to exceed $3,000 for official reception and representation expenses; cemeterial expenses as authorized by law, purchase of twelve passenger motor vehicles, for use in cemeterial operations, and hire of passenger motor vehicles; and reimbursement of the General Services Administration for security guard services, and the Department of Defense for cost of overseas employee mail; $587,392,000.

CONSTRUCTION, MAJOR PROJECTS

For constructing, altering, extending and improving any of the facilities under the jurisdiction or for the use of the Veterans Administration, or for any of the purposes set forth in sections 1004, 1006, 5001, 5002 and 5004 of title 38, United States Code, including planning, architectural and engineering services, and site acquisition, where the estimated cost of a project is $1,000,000 or more, $317,292,000, to remain available until expended: Provided, That, except for advance planning of projects funded through the Advance Planning Fund, none of these funds shall be used for any project which has not been considered and approved by the Congress in the budgetary process.

CONSTRUCTION, MINOR PROJECTS

For constructing, altering, extending, and improving any of the facilities under the jurisdiction or for the use of the Veterans Administration, including planning, architectural and engineering services, and site acquisition, or for any of the purposes set forth in sections 1004, 1006, 5001, 5002 and 5004 of title 38, United States Code, where the estimated cost of a project is less than $1,000,000, $72,633,000, to remain available until expended: Provided, That not more than $23,230,000 shall be available for expenses of the Office of Construction.

GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE

FACILITIES

For grants to assist the several States to construct State nursing home and domiciliary facilities and to remodel, modify or alter existing hospital, nursing home and domiciliary facilities in State homes, for furnishing care to veterans, as authorized by law (38 U.S.C. 5031 - 5037), $7,500,000, to remain available until September 30, 1982.

GRANTS FOR THE CONSTRUCTION OF STATE VETERANS

CEMETERIES

For grants to aid States in establishing, expanding or improving State veterans' cemeteries as authorized by law (Public Law 95 - 476, sec. 202), // 92 Stat. 1503. 38 USC 902. // $5,000,000, to remain available until September 30, 1982.

GRANTS TO THE REPUBLIC OF THE PHILIPPINES

For payment to the Republic of the Philippines of grants as authorized by law (38 U.S.C. 631 - 634), $1,350,000, of which $50,000 for hospital equipment, plant, and facilities rehabilitation grants shall remain available until expended.

LOAN GUARANTY REVOLVING FUND

During the current fiscal year, the Loan guaranty revolving fund shall be available for expenses for property acquisitions, payment of participation sales insufficiencies, and other loan guaranty and insurance operations under chapter 37, title 38, United States Code, // 38 USC 1801. // except administrative expenses, as authorized by section 1824 of such title: Provided, That the unobligated balances including retained earnings of the Direct loan revolving fund shall be available, during the current fiscal year, for transfer to the Loan guaranty revolving fund in such amounts as may be necessary to provide for the timely payment of obligations of such fund and the Administrator of Veterans Affairs shall not be required to pay interest on amounts so transferred after the time of such transfer.

ADMINISTRATIVE PROVISIONS

Not to exceed 5 per centum of any appropriation for the current fiscal year for " Compensation and pensions", " Readjustment benefits", and " Veterans insurance and indemnities" may be transferred to any other of the mentioned appropriations, but not to exceed 10 per centum of the appropriations so augmented.

Appropriatins available to the Veterans Administration for the current fiscal year for salaries and expenses shall be available for services as authorized by 5 U.S.C. 3109.

No part of the appropriations in this Act for the Veterans Administration (except the appropriations for " Construction, major projects" and " Construction, minor projects") shall be available for the purchase of any site for or toward the construction of any new hospital or home.

No part of the foregoing appropriations shall be available for hospitalization or examination of any persons except beneficiaries entitled under the laws bestowing such benefits to veterans, unless reimbursement of cost is made to the appropriation at such rates as may be fixed by the Administrator of Veterans Affairs.

TITLE III CORPORATIONS

Corporations and agencies of the Department of Housing and Urban Development and the Federal Home Loan Bank Board which are subject to the Government Corporation Control Act, // 31 USC 841. // as amended, are hereby authorized to make such expenditures, within the limits of funds and borrowing authority available to each such corporation or agency and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Act // 31 USC 849. // as may be necessary in carrying out the programs set forth in the budget for the current fiscal year for such corporation or agency except as hereinafter provided: Provided, That collections of these corporations and agencies may be used for new loan or mortgage purchase commitments only to the extent expressly provided for in this Act (unless such loans are in support of other forms of assistance provided for in this or prior appropriation Acts), except that this proviso shall not apply to the mortgage insurance or guaranty operations of these corporations, or where loans or mortgage purchases are necessary to protect the financial interest of the United States Government.

FEDERAL HOME LOAN BANK BOARD LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL HOME

LOAN BANK

BOARD

Not to exceed a total of $18,359,000 shall be available for administrative expenses of the Federal Home Loan Bank Board, which may procure services as authorized by 5 U.S.C. 3109, and contracts for such services with one organization may be renewed annually,and uniforms or allowances therefor in accordance with law (5 U.S.C. 5901 - 5902), and said amount shall be derived from funds available to the Federal Home Loan Bank Board, including those in the Federal Home Loan Bank Board revolving fund and receipts of the Board for the current fiscal year and prior fiscal years, and the Board may utilize and may make payment for services and facilities of the Federal home loan banks, the Federal Reserve banks, the Federal Savings and Loan Insurance Corporation, the Federal Home Loan Mortgage Corporation, and other agencies of the Government (including payment for office space): Provided, That all necessary expenses in connection with the conservatorship or liquidation of institutions insured by the Federal Savings and Loan Insurance Corporation, liquidation or handling of assets of or derived from such insured institutions, payment of insurance, and action for or toward the avoidance, termination, or minimizing of losses in the case of such insured institutions, or activities relating to section 5 A(f) or 6(i) of the Federal Home Loan Bank Act, // 12 USC 1425a, 1426. 12 USC 1464. 15 USC 78l. 12 USC 1729 - 1730. // section 5(d) of the Home Owners' Loan Act of 1933, section 12(i) of the Securities Exchange Act of 1934, or section 406(c), 407, or 408 of the National Housing Act and all necessary expenses (including services performed on a contract or fee basis, but not including other personal services) in connection with the handling, including the purchase, sale, and exchange, of securities on behalf of Federal home loan banks, and the sale, issuance, and retirement of, or payment of interest on, debentures or bonds, under the Federal Home Loan Bank Act, // 12 USC 1421. 12 USC 1428a. // as amended, shall be considered as nonadministrative expenses for the purposes hereof: Provided further, That members and alternates of the Federal Savings and Loan Advisory Council shall be entitled to reimbursement from the Board as approved by the Board for transportation expenses incurred in attendance at meetings of or concerned with the work of such Council and may be paid in lieu of subsistence per diem not to exceed the dollar amount set forth in 5 U. S.C. 5703: Provided further, That not to exceed $500 shall be available for official reception and representation expenses: Provided further, That, notwithstanding any other provisions of this Act, except for the limitation in amount hereinbefore specified, the administrative expenses and other obligations of the Board shall be incurred, allowed, and paid in accordance with the provisions of the Federal Home Loan Bank Act of July 22, 1932, as amended (12 U.S.C. 1421 - 1449).

LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL

SAVINGS AND

LOAN INSURANCE CORPORATION

Not to exceed $33,466,000 shall be available for administrative expenses, which shall include the expenses for the examination of Federal and State chartered institutions (other than special examinations determined by the Board to be necessary), and which shall be on an accrual basis and shall be exclusive of interest paid, depreciation, properly capitalized expenditures, expenses in connection with liquidation of insured institutions or activities relating to section 406(c), 407, or 408 of the National Housing Act, liquidation or handling of assets of or derived from insured institutions, payment of insurance, and action for or toward the avoidance, termination, or minimizing of losses in the case of insured institutions, legal fees and expenses and payments for expenses of the Federal Home Loan Bank Board determined by said Board to be properly allocable to said Corporation, and said Corporation may utilize and may make payments for services and facilities of the Federal home loan banks, the Federal Reserve Banks, the Federal Home Loan Bank Board, the Federal Home Loan Mortgage Corporation, and other agencies of the Government: Provided, That, notwithstanding any other provisions of this Act, except for the limitation in amount hereinbefore specified, the administrative expenses and other obligations of said Corporation shall be incurred, allowed, and paid in accordance with title IV of the Act of June 27, 1934, as amended (12 U.S.C. 1724 - 1730f).

TITLE IV GENERAL PROVISIONS

Sec. 401. Where appropriations in titles I and II of this Act are expendable for travel expenses of employees and no specific limitation has been placed thereon, the expenditures for such travel expenses may not exceed the amounts set forth therefor in the budget estimates submitted for the appropriations: Provided, That this section shall not apply to travel performed by uncompensated officials of local boards and appeal boards of the Selective Service System; to travel performed directly in connection with care and treatment of medical beneficiaries of the Veterans Administration; or to payments to interagency motor pools where separately set forth in the budget schedules: Provided further, That the limitations may be increased by the Secretary when necessary to allow for travel performed by employees of the Department of Housing and Urban Development as a result of increased Federal Housing Administration inspection and appraisal worload.

Sec. 402. Appropriations and funds available for the administrative expenses of the Department of Housing and Urban Development and the Selective Service System shall be available in the current fiscal year for purchase of uniforms, or allowances therefore, as authorized by law (5 U.S.C. 5901 - 5902); hire of passenger motor vehicles; and services as authorized by 5 U.S.C. 3109.

Sec. 403. Funds of the Department of Housing and Urban Development subject to the Government Corporation Control Act // 31 USC 841. // or section 402 of the Housing Act of 1950 // 12 USC 1749a. // shall be available, without regard to the limitations on administrative expenses, for legal services on a contract or fee basis, and for utilizing and making payment for services and facilities of Federal National Mortgage Association, Government National Mortgage Association, Federal Home Loan Mortgage Corporation, Federal Financing Bank, Federal Reserve banks or any member thereof, Federal home loan banks, and any insured bank within the meaning of the Federal Deposit Insurance Corporation Act, as amended (12 U.S.C. 1811 - 1831).

Sec. 404. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein.

Sec. 405. No funds appropriated by this Act may be expended--

(1) pursuant to a certification of an officer or employee of the United States unless--

(A) such certification is accompanied by, or is part of,

a

voucher or abstract which describes the payee or payees

and

the items or services for which such expenditure is

being

made, or

(B) the expenditure of funds pursuant to such

certification,

and without such a voucher or abstract, is specifically

authorized by law; and

(2) unless such expenditure is subject to audit by the General Accounting Office or is specifically exempt by law from such an audit.

Sec. 406. None of the funds provided in this Act to any department or agency may be expended for the transportation of any officer or employee of such department or agency between his domicile and his place of employment, with the exception of the Secretary of the Department of Housing and Urban Development, who, under title 5, United States Code, section 101, is exempted from such limitations.

Sec. 407. None of the funds provided in this Act may be used for payment, through grants or contracts, to recipients that do not share in the cost of conducting research resulting from proposals for projects not specifically solicited by the Government: Provided, That the extent of cost sharing by the recipient shall reflect the mutuality of interest of the grantee or cntractor and the Govenment in the research.

Sec. 408. None of the funds provided in this Act may be used, directly or through grants, to pay or to provide reimbursement for payment of the salary of a consultant (whether retained by the Federal Government or a grantee) at more than the daily equivalent of the maximum rate paid for GS-18, unless specifically authorized by law.

Sec. 409. No part of any appropriation for the fiscal year ending September 30, 1980, contained in this or any other Act shall be used to contract with private firms to provide plant care or watering services.

This Act may be cited as the " Department of Housing and Urban Development--Independent Agencies Appropriation Act, 1980".

Approved November 5, 1979.

LEGISLATIVE HISTORY:

HOUSE REPORTS: No. 96 - 249 (Comm. on Appropriations) and No. 96 - 409 and no. 96 - 542 (Comm. of Conference).

SENATE REPORT No. 96 - 258 (Comm. on Appropriations).

CONGRESSIONAL RECORD, Vol. 125 (1979):

June 21, 22, 27, considered and passed House.

July 27, considered and passed Senate, amended.

Sept. 27, House agreed to conference report; receded from its disagreement and concurred in certain Senate amendments, in others with amendments, and disagreed to Senate amendment No. 12.

Sept. 28, Senate agreed to conference report; resolved certain amendments in disagreement, and insisted on its amendment No. 12.

Oct. 24, House and Senate agreed to further conference report.

PUBLIC LAW 96-102, 93 STAT. 749, EMERGENCY ENERGY CONSERVATION ACT OF 1979.

96th CONGRESS, S. 1030 NOVEMBER 5, 1979
An Act To establish an emergency program for the conservation of

energy and to provide

for a standby rationing plan for motor fuel.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act // 42 USC 8501 // may be cited as the " Emergency Energy Conservation Act of 1979".

(b) Table of Contents.--The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.

TITLE I--STANDBY MOTOR FUEL RATIONING

Sec. 101. Findings.

Sec. 102. Report on plan development.

Sec. 103. Procedures for developing and implementing rationing plan.

Sec. 104. Required elements of rationing plan.

Sec. 105. Technical and conforming amendments.

TITLE II-- EMERGENCY ENERGY CONSERVATION

Sec. 201. Findings and purposes.

Sec. 202. Definitions.

Part A--Emergency Energy Conservation Program

Sec. 211. National and State emergency conservation targets.

Sec. 212. State emergency conservation plan.

Sec. 213. Standby Federal conservation plan.

Sec. 214. Judicial review.

Sec. 215. Reports.

Part B--Other Automobile Fuel Purchase Measures

Sec. 221. Minimum automobile fuel purchases.

Sec. 222. Out-of-State vehicles to be exempted from odd-even motor fuel purchase restrictions.

Part C--Building Temperature Restrictions

Sec. 231. Amendment to Energy Policy and Conservation Act.

Part D--Studies

Sec. 241. Studies.

Sec. 242. Middle distillate monitoring program.

Part E--Administrative Provisions

Sec. 251. Administration.

TITLE III-- GENERAL PROVISIONS

Sec. 301. Funding for fiscal years 1979 and 1980.

Sec. 302. Effective date.

TITLE I--STANDBY MOTOR FUEL RATIONING

SEC. 101. // 42 USC 6261 // FINDINGS.

The Congress finds that--,

(1) a standby rationing plan for gasoline and diesel fuel should provide, to the maximum extent practicable, that the burden of reduced supplies of gasoline and diesel fuel be shared by all persons in a fair and equitable manner and that the economic and social impacts of such plan be minimized; and

(2) such a plan should be sufficiently flexible to respond to changed conditions and sufficiently simple to be effectively administered and enforced.

SEC. 102. // 42 USC 6261 // REPORT ON PLAN DEVELOPMENT.

(a) Report.--As soon as practicable after the date of the enactment of this Act (but in no event later than 120 days after such date of enactment), the President shall prepare, and transmit to the Committee on Interstate and Foreign Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate, a report describing the measures taken after such date of enactment (and the costs thereof) to establish a system of rationing of gasoline and diesel fuel pursuant to sections 201 and 203 of the Energy Policy and Conservation Act (42 U.S.C. 6261, 6263), together with a description of the additional measures to be taken in establishing such system, a timetable for completion of such measures, and an estimate of the costs thereof.

(b) Specific Issues To Be Addressed in Report.--The report under subsection (a) shall include--,

(1) a description of the extent to which ration coupons or other evidences of right under such a rationing system would be distributed to each end-user of gasoline or diesel fuel on the basis of such end-user's needs, and an explanation of the extent to which such distribution would not be based on such end-user's needs;

(2) an analysis of having the entitlement under the rationing system to such end-user rights be granted on the basis of individuals licensed to operate motor vehicles on the public roads and highways, and an explanation of the extent to which such entitlement will be granted on that basis;

(3) a description of the extent to which the rationing system would meet the needs and hardships of end-users by the use of local boards as provided for under section 203(d) of such Act (42 U.S.C. 6263(d)), and an explanation of the extent to which such boards would not be used;

(4) a description of how the rationing system complies with the objective of providing for the mobility needs of handicapped persons (including means for their obtaining such end-user rights) as required under section 203(a)(2)(A) of such Act (42 U. S.C. 6263(a)(2)(A)); and

(5) a description of the steps to be taken to provide adequate end-user allocation under the rationing system for the needs of those in suburban and rural areas, particularly mid-sized cities, small towns, and rural communities, not adequately served by any public transportation system.

(c) Committees To Be Kept Currently Informed.--The President shall keep such committees fully and currently informed about the progress in establishing and administering a system of rationing and of any problems and delays in establishing and administering the system.

(d) Additional Report.--90 days after the report is transmitted under subsection (a), the President shall prepare and transmit to each such committee another report unless a rationing contingency plan has been prescribed and transmitted to each House of the Congress during the preceding 90-day period. Such report shall contain the same information as required for the report under subsection (a), except that such information shall be made current to the date of the report.

(e) Public Notice of Reports.--The President shall provide public notice of any report under subsection (a) or (d) at the time of its transmittal, shall make such report available to the public, and shall transmit copies of such report to the Governors of the various States.

SEC. 103. PROCEDURES FOR DEVELOPING AND IMPLEMENTING RATIONING PLAN.

(a) Plan Development.--Section 203(a)(1) of the Energy Policy and Conservation Act (42 U.S.C. 6263(a)) is amended by striking out " The President shall prescribe," and inserting in lieu thereof " As soon as practicable after the date of the enactment of the Emergency Energy Conservation Act of 1979, the President shall prescribe,", and by adding at the end thereof the following new sentence: " The President, to the maximum extent practicable, shall consult with the Governors of the various States (or the representatives of such Governors) during the development of any rationing contingency plan under this section."

(b) Plan Approval and Implementation.--(1) Section 201(e) of such Act (42 U.S.C. 6261(e)) is amended to read as follows:

"(e)(1) For purposes of this subsection, any rationing contingency plan shall be considered to be approved if--,

"(A) the President has transmitted such rationing contingency plan to the Congress in accordance with section 552,

// 42 USC 6422. //

and

"(B) such rationing contingency plan has not been disapproved by a joint resolution adopted into law after passage by both Houses of the Congress in accordance with section 552.

"(2)(A) Except to the extent provided under subparagraph (B), the President may put into effect a rationing contingency plan which is considered approved under the preceding provisions of this subsection only if--,

"(i) the President has found, in his discretion, that putting such rationing contingency plan into effect is required by a severe energy supply interruption or is necessary to comply with obligations of the United States under the international energy program, subject to paragraph (3);

"(ii) the President has transmitted such finding to the Congress in accordance with section 551,

// 42 USC 6421. //

together with a request to put such rationing contingency plan into effect; and

"(iii) neither House of the Congress has disapproved (or both Houses have approved) such request in accordance with the procedures specified in section 551.

"(B)(i) The President may put into effect such an approved rationing plan without the finding required under subparagraph (A)(i) (and without regard to the requirements of subparagraph (A) (ii) and (iii)) if--,

"(I) the President has transmitted to the Congress in accordance with section 552 a request to waive such requirements; and

"(II) such request has been approved by a resolution by each House of the Congress within 30 days of continuous session of Congress after the date of its transmittal, in accordance with the provisions of section 552

// 42 USC 6422. //

applicable thereunder to energy conservation contingency plans.

"(ii) Any authority to put a rationing contingency plan into effect under clause (i) pursuant to a request under such clause shall terminate on the 60th calendar day after the date on which a resolution approving that request is adopted by the second House to have so approved that request.

"(iii) In applying the provisions of section 552 for purposes of this subparagraph--,

"(I) subsections (b), (d)(2)(B), and (d)(7) shall not apply;

"(II) the references to 60 calendar days and 20 calendar days shall be considered to refer to 30 calendar days and 10 calendar days, respectively; and

"(III) the references to any contingency plan shall be considered to refer to a request under this subparagraph.

"(3) For purposes of paragraph (2)--,

"(A) The term 'severe energy supply interruption' means a national energy supply shortage which the President determines--,

"(i) has resulted or is likely to result in a daily

shortfall in

the United States of gasoline, diesel fuel, and

No. 2 heating

oil supplies for a period in excess of 30 days

(including

reductions as a result of an allocation away from the

United

States under the international energy program) of an

amount equal to 20 percent or more of projected daily

demand for such supplies;

"(ii) is not manageable under other energy emergency authorities, including any energy conservation

contingency

plans approved under subsection (b) and any emergency

conservation authority available under title II of the

Emergency

Energy Conservation Act of 1979;

"(iii) is expected to persist for a period of time

sufficient to

seriously threaten the adequacy of domestic stocks of

gasoline,

diesel fuel, and No. 2 heating oil; and

"(iv) is having or can reasonably be expected to have a major adverse impact on national health or safety or the national economy.

"(B) For purposes of determining the shortfall of supplies under subparagraph (A)(i), the projected daily demand for gasoline, diesel fuel, and No. 2 heating oil supplies shall be the amount of such supplies that were available during any consecutive period of 12 calendar months which the President considers appropriate and which occurred during the 36 calendar month period which immediately precedes the month in which such finding is made, such amount to be adjusted--,

"(i) to take into account, for the period between the base period and the month in which the determination is made, the normal growth in demand for gasoline, diesel fuel,

and

No. 2 heating oil, as determined by the President on

the basis

of growth experienced during the 36-month period from

which the base period was selected; and

"(ii) to take into account seasonal variations in demand

for

such fuels, as determined by the President.

"(C) The term 'necessary to comply with obligations of the United States under the international energy program' refers to a necessity which the President determines to have impacts comparable to those provided for in subparagraph (A) of this paragraph.

"(4)(A) A rationing contingency plan may not be amended after it is transmitted to the Congress and before it is considered approved under paragraph (1).

"(B) Except as provided in subparagraphs (C) and (D), a rationing contingency plan which is considered approved under this subsection may not be amended other than by an amendment with respect to which--,

"(i) a period of 15 calendar days of continuous session (within the meaning of section 552(c))

// 42 USC 6422. //

has passed after the receipt of the proposed amendment by the Committee on Interstate and Foreign Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate; or

"(ii) each such committee before the expiration of such period has transmitted to the President written notice stating in substance that such committee has no objection to the proposed amendment.

"(C) Except as provided in subparagraph (D), a rationing contingency plan may not be amended during any period in which such plan is in effect pursuant to paragraph (2) unless the President has transmitted such amendment to the Congress in accordance with section 551(b), // 42 USC 6421. // and neither House of Congress has disapproved (or both Houses have approved) such amendment in accordance with the procedures specified in section 551.

"(D) The requirements of subparagraphs (B) and (C) shall not apply with respect to any amendment which is a technical or clerical amendment.".

(2)(A) Section 552(b) of such Act (42 U.S.C. 6422(b)) is amended--,

(i) by striking out " No such contingency plan" and inserting in lieu thereof "(1) No such energy conservation contingency plan";

(ii) by striking out "(d)(2)" and inserting in lieu thereof "(d)(2)(A)"; and

(iii) by adding at the end thereof the following new paragraph:

"(2)(A) Subject to subparagraph (B), any such rationing contingency plan shall be considered approved for purposes of section 201(d) // 42 USC 6261. // only if such plan is not disapproved by a resolution described in subsection (d)(2)(B)(i) which passes each House of the Congress during the 30-calendar-day period of continuous session after the plan is transmitted to such Houses and which thereafter becomes law.

"(B) A rationing contingency plan may be considered approved prior to the expiration of the 30-calendar-day period after such plan is transmitted if a resolution described in subsection (d)(2)(B)(ii) is passed by each House of the Congress and thereafter becomes law.".

(B) Section 552(c)(2) of such Act (42 U.S.C. 6422(c)(2)) is amended by striking out "60-calendar-day period" and insert in lieu thereof "calendar-day period involved".

(C) Section 552(d)(2) of such Act (42 U.S.C. 6422(d)(2)) is amended--,

(i) by striking out " For purposes of this subsection," and inserting in lieu thereof "(A) For purposes of applying this section with respect to any energy conservation contingency plan,"; and

(ii) by adding at the end thereof the following new subparagraph:

"(B) For purposes of applying this subsection with respect to any rationing contingency plan (other than pursuant to section 201(d) (2)( B)), the term 'resolution' means only a joint resolution described in clause (i) or (ii) of this subparagraph with respect to such plan.

"(i) A joint resolution of either House of the Congress (I) which is entitled: ' Joint resolution relating to a rationing contingency plan.', (II) which does not contain a preamble, and (III) the matter after the resolving clause of which is: ' That the Congress of the United States disapproves the rationing contingency plan transmitted to the Congress on , 19 .', the blank spaces therein appropriately filled.

"(ii) A joint resolution of either House of the Congress (I) which is entitled: ' Joint resolution relating to a rationing contingency plan.', (II) which does not contain a preamble, and (III) the matter after the resolving clause of which is: ' That the Congress of the United States does not object to the rationing contingency plan transmitted to the Congress on , 19 .', the blank spaces therein appropriately filled.".

(D) Section 552(d)(4)(A) of such Act (42 U.S.C. 6422(d)(4)(A)) is amended by inserting after "after its referral" the following: "in the case of any energy conservation contingency plan or at the end of 10 calendar days after its referral in the case of any rationing contingengy plan".

(E) Section 552(d)(4)(B) of such Act (42 U.S.C. 6422(d)(4)(B)) is amended by striking out " An amendment" in the second sentence and inserting in lieu thereof " Except to the extent provided in paragraph (7)(A), an amendment".

(F) Section 552(d)(5)(B) of such Act (42 U.S.C. 6422(d)(5)(B)) is amended by striking out " An amendment" in the third sentence and inserting in lieu thereof " Except to the extent provided in paragraph (7)(B), an amendment".

(G) Section 552(d) of such Act (42 U.S.C. 6422(d)) is amended by adding at the end thereof the following new paragraph:

"(7) With respect to any rationing contingency plan--,

"(A) In the consideration of any motion to discharge any committee from further consideration of any resolution on any such plan, it shall be in order after debate allowed for under paragraph (4)(B) to offer an amendment in the nature of a substitute for such motion--,

"(i) consisting of a motion to discharge such committee from further consideration of a resolution described in paragraph (2)(B)(i) with respect to any rationing

contingency

plan, if the discharge motion sought to be amended

relates to

a resolution described in paragraph (2)(B)(ii) with

respect to

the same such plan, or

"(ii) consisting of a motion to discharge such committee from further consideration of a resolution described in paragraph (2)(B)(ii) with respect to any rationing

contingency

plan, if the discharge motion sought to be amended

relates to a resolution described in

paragraph (2)(B)(i) with

respect to the same such plan.

An amendment described in this subparagraph shall not be amendable. Debate on such an amendment shall be limited to not more than 1 hour, which shall be divided equally between those favoring and those opposing the amendment.

"(B) In the consideration of any resolution on any such plan which has been reported by a committee, it shall be in order at any time during the debate allowed for under paragraph (5)(B) to offer an amendment in the nature of a substitute for such resolution--,

"(i) consisting of the text of a resolution described in paragraph (2)(B)(i) with respect to any rationing

contingency

plan, if the resolution sought to be amended is a

resolution

described in paragraph (2)(B)(ii) with respect to the

same

such plan, or

"(ii) consisting of the text of a resolution described in paragraph (2)(B)(ii) with respect to any rationing

contingency

plan, if the resolution sought to be amended is a

resolution described in paragraph (2)(B)(i) with

respect to the

same such plan.

An amendment described in this subparagraph shall not be amendable.

"(C) If one House receives from the other House a resolution with respect to a rationing contingency plan, then the following procedure applies:

"(i) the resolution of the other House with respect to

such

plan shall not be referred to a committee;

"(ii) in the case of a resolution of the first House with respect to such plan--, "(I) the procedure with respect to that or other

resolutions

of such House with respect to such plan shall be

the same as if no resolution from the other House with

respect to such plan had been received; but

"(II) on any vote on final passage of a resolution of the first House with respect to such plan a resolution from the other House with respect to such plan which has the same effect shall be automatically substituted for the resolution of the first House.

"(D) Notwithstanding any of the preceding provisions of this subsection, if a House has approved a resolution with respect to a rationing contingency plan, then it shall not be in order to consider in that House any other resolution under this section with respect to the approval of such plan.".

(c) Elimination of Certain Administrative Requirements.--(1) Section 201(f) of such Act (42 U.S.C. 6261(f)) is amended by adding at the end thereof the following new sentence: " Notwithstanding the preceding provisions of this subsection, such economic analysis and evaluation is not required to be performed, or transmitted to the Congress, under this subsection in the case of any rationing contingency plan.".

(2) Section 203 of such Act (42 U.S.C. 6263) is amended by adding at the end thereof the following new subsection:

"(g) Any authority of the President with respect to a rationing contingency plan under this Act which is delegated to the Secretary shall be exercised by the Secretary without regard to section 404 of the Department of Energy Organization Act (42 U.S.C. 7174).".

SEC. 104. REQUIRED ELEMENTS OF RATIONING PLAN.

Section 203(a) of the Energy Policy and Conservation Act (42 U.S.C. 6263(a)), as amended by section 103, is further amended by adding at the end thereof the following new paragraph:

"(3) Any rationing contingency plan prescribed under this section shall provide that--,

"(A) the end-user rights specified in paragraph (1) shall be distributed on a State-to-State basis that results in the degree of shortfall from the base period use being equally shared among the various States, considering the most recent base period use data available;

"(B) to the maximum extent practicable, such rights shall be made available to classes of end-users on a basis which takes into account fairly the relative needs of such end-users; and

"(C) adequate end-user rights are available to carry out paragraph (1) (A) and (B) as required under paragraph (1).".

SEC. 105. TECHNICAL AND CONFORMING AMENDMENTS.

(a) Conforming Amendments.--(1) Section 201 of the Energy Policy and Conservation Act (42 U.S.C. 6261), as amended by section 103, is further amended by striking out subsection (c) and by redesignating subsections (d), (e), and (f) as subsections (c), (d), and (e), respectively.

(2) Section 201(b) of such Act (42 U.S.C. 6261(b)) is amended by striking out " Except as otherwise provided in subsection (d) or (e) and subject to the requirements of subsection (c), no contingency plan may become effective" and inserting in lieu thereof " Except as otherwise provided in subsection (c), no energy conservation contingency plan may become effective".

(3) Section 201(c) (as redesignated) of such Act (42 U.S.C. 6261(d)) is amended by striking out "a contingency plan" each place it appears and inserting in lieu thereof "an energy conservation contingency plan".

(4) Section 552(d)(2)(A) of such Act (42 U.S.C. 6422(d)(2)) is amended by inserting "energy conservation" before "contingency plan" each place such term appears.

(5) Section 201(e) (as redesignated) of such Act (42 U.S.C. 6261(f)) is amended by striking out "or (e)(1)(B)" and inserting in lieu thereof "or (d)(1)".

(b) Technical Amendments.--(1) Section 203(d)(2) of such Act (42 U. S.C. 6263(d)(2)) is amended--,

(A) by striking out all that precedes subparagraph (A) and inserting in lieu thereof the following:

"(2) Any rationing contingency plan under this section shall set forth--"; and

(B) by striking out "his" in subparagraph (A) and inserting in lieu thereof "the President's".

(2) Section 203(d)(3)(A) of such Act (42 U.S.C. 6263(d)(3)(A)) is amended by striking out "following the establishment of criteria and procedures under paragraph (2)" and inserting in lieu thereof "beginning 30 days (or such earlier date as the President considers appropriate) after a rationing contingency plan is considered approved under this section".

(3) Section 203 of such Act (42 U.S.C. 6263) is amended by striking out "paragraph (1)" where it appears in subsections (d)(1)(B) and (e)( 3) and inserting in lieu thereof "subsection (a)(1)".

(4) Section 203 of such Act (42 U.S.C. 6263) is further amended--,

(A) in subsection (a)(1) thereof, by striking out "in accordance with section 523(a) of this Act";

// 42 USC 6393. //

and

(B) by adding at the end thereof the following new subsection:

"(h) Any rationing contingency plan, or any amendment thereto, as well as any regulation thereunder, shall be prescribed in accordance with section 523(a), except that the period for any oral or written comments on any such proposed plan, amendment, or regulation may not extend beyond the 45th day after the date of the publication of the notice of the proposed plan, amendment, or regulation.".

(5) Section 203 of such Act, // 42 USC 6263. // as amended by paragraph (4), is further amended by adding at the end thereof the following new subsection:

"(i) Any ration coupon or any other evidence of right prepared by or on behalf of the United States for use in connection with a rationing contingency plan shall be considered to be an obligation or other security of the United States for purposes of title 18, United States Code.".

(6) Section 552(b)(1) of such Act // 42 USC 6422. 42 USC 6261 // is amended by striking out "section 201(a)(2)" and inserting in lieu thereof "section 201(b)".

TITLE II-- EMERGENCY ENERGY CONSERVATION

SEC. 201. // 42 USC 8501 // FINDINGS AND PURPOSES.

(a) Findings.--The Congress finds that--,

(1) serious disruptions have recently occurred in the gasoline and diesel fuel markets of the United States;

(2) it is likely that such disruptions will recur;

(3) interstate commerce is significantly affected by those market disruptions;

(4) an urgent need exists to provide for emergency conservation and other measures with respect to gasoline, diesel fuel, home heating oil, and other energy sources in potentially short supply in order to cope with market disruptions and protect interstate commerce; and

(5) up-to-date and reliable information concerning the supply and demand of gasoline, diesel fuel, and other related data is not available to the President, the Congress, or the public.

(b) Purposes.--The purposes of this title are to--,

(1) provide a means for the Federal Government, States, and units of local government to establish emergency conservation measures with respect to gasoline, diesel fuel, home heating oil, and other energy sources which may be in short supply;

(2) establish other emergency measures to alleviate disruptions in gasoline and diesel fuel markets;

(3) obtain data concerning such fuels; and

(4) protect interstate commerce.

SEC. 202. // 42 USC 8502. // DEFINITIONS.

For purposes of this title--,

(1) The term "severe energy supply interruption", when used with respect to motor fuel or any other energy source, means a national energy supply shortage of such energy source which the President determines--,

(A) is, or is likely to be, of significant scope and

duration;

(B) may cause major adverse impact on national security or the national economy; and (C) results, or is likely to result, from an

interruption in

the energy supplies of the United States, including

supplies

of imported petroleum products, or from sabotage or an

act

of God.

(2) The term "international energy program" has the meaning given that term in section 3(7) of the Energy Policy and Conservation Act (42 U.S.C. 6202).

(3) The term "motor fuel" means gasoline and diesel fuel.

(4) The term "person" includes (A) any individual, (B) any corporation, company, association, firm, partnership, society, trust, joint venture, or joint stock company, and (C) the government or any agency of the United States or any State or political subdivision thereof.

(5) The term "vehicle" means any vehicle propelled by motor fuel and manufactured primarily for use on public streets, roads, and highways.

(6) The term " Secretary" means the Secretary of Energy.

(7) The term " Governor" means the chief executive officer of a State.

(8) The term " State" means a State, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States.

Part A--Emergency Energy Conservation Program

SEC. 211. // 42 USC 8511. // NATIONAL AND STATE EMERGENCY CONSERVATION TARGETS.

(a) Determination and Publication of Targets.--(1) Whenever the President finds, with respect to any energy source for which the President determines a severe energy supply interruption exists or is imminent or that actions to restrain domestic energy demand are required in order to fulfill the obligations of the United States under the international energy program, the President, in furtherance of the purposes of this title, may establish monthly emergency conservation targets for any such energy source for the Nation generally and for each State.

(2) Any finding of the President under paragraph (1) shall be promptly transmitted to the Congress, accompanied by such information and analysis as is necessary to provide the basis for such finding, and shall be disseminated to the public.

(3)(A) The State conservation target for any energy source shall be equal to (i) the State base period consumption reduced by (ii) a uniform national percentage.

(B) For the purposes of this subsection, the term " State base period consumption" means, for any month, the product of the following factors, as determined by the President:

(i) the consumption of the energy source for which a target is established during the corresponding month in the 12-month period prior to the first month for which the target is established; and

(ii) a growth adjustment factor, which shall be determined on the basis of the trends in the use in that State of such energy source during the 36-month period prior to the first month for which the target is established.

(C)(i) The President shall adjust, to the extent he determines necessary, any State base period consumption to insure that achievement of a target established for that State under this subsection will not impair the attainment of the objectives of section 4(b)(1) of the Emergency Petroleum Allocation Act of 1973 (15 U.S.C. 753(b)(1)).

(ii) The President may, to the extent he determines appropriate, further adjust any State base period consumption to reflect--,

(I) reduction in energy consumption already achieved by energy conservation programs;

(II) energy shortages which may affect energy consumption; and

(III) variations in weather from seasonal norms.

(D) For purposes of this subsection, the uniform national percentage shall be designed by the President to minimize the impact on the domestic economy of the projected shortage in the energy source for which a target is established by saving an amount of such energy source equivalent to the projected shortage, taking into consideration such other factors related to that shortage as the President considers appropriate.

(b) Notification and Publication of Targets.--The President shall notify the Governor of each State of each target established under subsection (a) for that State, and shall publish in the Federal Register, the targets, the base period consumption for each State and other data on which the targets are based, and the factors considered under subsection (a)(3).

(c) Establishment of Targets for Federal Agencies.--In connection with the establishment of any national target under subsection (a) the President shall make effective an emergency energy conservation plan for the Federal Government, which plan shall be designed to achieve an equal or greater reduction in use of the energy source for which a target is established than the national percentage referred to in subsection (a)(3)(D). Such plan shall contain measures which the President will implement, in accordance with other applicable provisions of law, to reduce on an emergency basis the use of energy by the Federal Government. In developing such plan the President shall consider the potential for emergency reductions in energy use--,

(1) by buildings, facilities, and equipment owned, leased, or under contract by the Federal Government; and

(2) by Federal employees and officials through increased use of car and van pooling, preferential parking for multipassenger vehicles, and greater use of mass transit.

(d) Review of Targets.--(1) From time to time, the President shall review and, consistent with subsection (a), modify to the extent the President considers appropriate the national and State energy conservation targets established under this subsection.

(2) Any modification under this paragraph shall be accompanied by such information and analysis as is necessary to provide the basis therefor and shall be available to the Congress and the public.

(3)(A) Before the end of the 12th month following the establishment of any conservation target under this section, and annually thereafter while such target is in effect, the President shall determine, for the energy source for which that target was established, whether a severe energy supply interruption exists or is imminent or that actions to restrain domestic energy demand are required in order to fulfill the obligations of the United States under the international energy program. The President shall transmit to the Congress and make public the information and other data on which any determination under this subparagraph is based.

(B) If the President determines such an energy supply interruption does not exist or is not imminent or such actions are not required, the conservation targets established under this section with respect to such energy source shall cease to be effective.

(e) Determination and Publication of Actual Consumption Nationally and State-by-State.--Each month the Secretary shall determine and publish in the Federal Register (1) the level of consumption for the most recent month for which the President determines accurate data is available, nationally and for each State, of any energy source for which a target under subsection (a) is in effect, and (2) whether the targets under subsection (a) have been substantially met or are likely to be met.

(f) Presidential Authority Not To Be Delegated.--Notwithstanding any other provision of law, the authority vested in the President under this section may not be delegated.

SEC. 212. // 42 USC 8512. // STATE EMERGENCY CONSERVATION PLAN.

(a) State Emergency Conservation Plans.--(1)(A) Not later than 45 days after the date of the publication of an energy conservation target for a State under section 211(b), the Governor of that State shall submit to the Secretary a State emergency conservation plan designed to meet or exceed the emergency conservation target i effect for that State under section 211(a). Such plan shall contain such information as the Secretary may reasonably require. At any time, the Governor may, with the approval of the Secretary, amend a plan established under this section.

(B) The Secretary may, for good cause shown, extend to a specific date the period for the submission of any State's plan under subparagraph (A) if the Secretary publishes in the Federal Register notice of that extension together with the reasons therefor.

(2) Each State is encouraged to submit to the Secretary a State emergency conservation plan as soon as possible after the date of the enactment of this Act and in advance of such publication of any such target. The Secretary may tentatively approve such a plan in accordance with the provisions of this section. For the purposes of this part such tentative approval shall not be construed to result in a delegation of Federal authority to administer or enforce any measure contained in a State plan.

(b) Conservation Measures Under State Plans.--(1) Each State emergency conservation plan under this section shall provide for emergency reduction in the public and private use of each energy source for which an emergency conservation target is in effect under section 211. Such State plan shall contain adequate assurances that measures contained therein will be effectively implemented in that State. Such plan may provide for reduced use of that energy source through voluntary programs or through the application of one or more of the following measures described in such plan:

(A) measures which are authorized under the laws of that State and which will be administered and enforced by officers and employees of the State (or political subdivisions of the State) pursuant to the laws of such State (or political subdivisions); and

(B) measures--,

(i) which the Governor requests, and agrees to assume,

the

responsibility for administration and enforcement in

accordance

with subsection (d);

(ii) which the attorney general of that State has found

that

(I) absent a delegation of authority under Federal

law, the

Governor lacks the authority under the laws of the

State to

invoke, (II) under applicable State law, the

Governor and

other appropriate State officers and employees are not

prevented from administering and enforcing under a

delegation

of authority pursuant to Federal law; and (III) if

implemented,

would not be contrary to State law; and

(iii) which either the Secretary determines are contained in the standby Federal conservation plan established under section 213 or are approved by the Secretary, in

his

discretion.

(2) In the preparation of such plan (and any amendment to the plan) the Governor shall, to the maximum extent practicable, provide for consultation with representatives of affected businesses and local governments and provide an opportunity for public comment.

(3) Any State plan submitted to the Secretary under this section may permit persons affected by any measure in such plan to use alternative means of conserving at least as much energy as would be conserved by such measure. Such plan shall provide an effective procedure, as determined by the Secretary, for the approval and enforcement of such alternative means by such State or by any political subdivision of such State.

(c) Approval of State Plans.--(1) As soon as practicable after the date of the receipt of any State plan, but in no event later than 30 days after such date, the Secretary shall review such plan and shall approve it unless the Secretary finds--,

(A) that, taken as a whole, the plan is not likely to achieve the emergency conservation target established for that State under section 211(a) for each energy source involved.

(B) that, taken as a whole, the plan is likely to impose an unreasonably disproportionate share of the burden of restrictions of energy use on any specific class of industry, business, or commercial enterprise, or any individual segment thereof,

(C) that the requirements of this part regarding the plan have not been met, or

(D) that a measure described in subsection (b)(1) is--,

(i) inconsistent with any otherwise applicable Federal

law

(including any rule or regulation under such law),

(ii) an undue burden on interstate commerce, or (iii) a tax, tariff, or user fee not authorized by State

law.

(2) Any measure contained in a State plan shall become effective in that State on the date the Secretary approves the plan under this subsection or such later date as may be prescribed in, or pursuant to, the plan.

(d) State Administration and Enforcement.--(1) The authority to administer and enforce any measure described in subsection (b)(1)(B) which is in a State plan approved under this section is hereby delegated to the Governor of the State and the other State and local officers and employees designated by the Governor. Such authority includes the authority to institute actions on behalf of the United States for the imposition and collection of civil penalties under subsection (e).

(2) All delegation of authority under paragraph (1) with respect to any State shall be considered revoked effective upon a determination by the President that such delegation should be revoked, but only to the extent of that determination.

(3) If at any time the conditions of subsection (b)(1)(B)(ii) are no longer satisfied in any State with respect to any measure for which a delegation has been made under paragraph (1), the attorney general of that State shall transmit a written statement to that effect to the Governor of that State and to the President. Such delegation shall be considered revoked effective upon receipt by the President of such written statement and a determination by the President that such conditions are no longer satisfied, but only to the extent of that determination and consistent with such attorney general's statement.

(4) Any revocation under paragraph (2) or (3) shall not affect any action or pending proceedings, administrative or civil, not finally determined on the date of such revocation, nor any administrative or civil action or proceeding, whether or not pending, based upon any act committed or liability incurred prior to such revocation.

(e) Civil Penalty.--(1) Whoever violates the requirements of any measure described in subsection (b)(1)(B) which is in a State plan in effect under this section shall be subject to a civil penalty of not to exceed $1,000 for each violation.

(2) Any penalty under paragraph (1) may be assessed by the court in any action brought n any appropriate United States district court or any other court of competent jurisdiction. Except to the extent provided in paragraph (3), any such penalty collected shall be deposited into the general fund of the United States Treasury as miscellaneous receipts.

(3) The Secretary may enter into an agreement with the Governor of any State under which amounts collected pursuant to this subsection may be collected and retained by the State to the extent necessary to cover costs incurred by that State in connection with the administration and enforcement of measures the authority for which is delegated under subsection (d).

SEC. 213. // 42 USC 8513. // STANDBY FEDERAL CONSERVATION PLAN.

(a) Establishment of Standby Conservation Plan.--(1) Within 90 days after the date of the enactment of this part, the Secretary, in accordance with section 501 of the Department of Energy Organization Act (42 U.S.C. 7191), shall establish a standy Federal emergency conservation plan. The Secretary may amend such plan at any time, and shall make such amendments public upon their adoption.

(2) The plan under this section shall be consistent with the attainment of the objectives of section 4(b)(1) of the Emergency Petroleum Allocation Act of 1973 (15 U.S.C. 753(b)(1)), and shall provide for the emergency reduction in the public and private use of each energy source for which an emergency conservation target is in effect or may be in effect under section 211.

(b) Implementation of Standby Conservation Plan.--(1) If the President finds--,

(A) after a reasonable period of operation, but not less than 90 days, that a State emergency conservation plan approved and implemented under section 212 is not substantially meeting a conservation target established under section 211(a) for such State and it is likely that such target will continue to be unmet; and

(B) a shortage exists or is likely to exist in such State for the 60-day period beginning after such finding that is equal to or greater than 8 percent of the projected normal demand, as determined by the President, for an energy source for which such conservation target has been established under section 211(a);

then the President shall, after consultation with the Governor of such State, make effective in such State all or any part of the standby Federal conservation plan established under subsection (a) for such period or periods as the President determines appropriate to achieve the target in that State.

(2) If the President finds after a reasonable period of time, that the conservation target established under section 211(a) is not being substantially met and it is likely that such target will continue to be unmet in a State which--,

(A) has no emergency conservation plan approved under section 212; or

(B) the President finds has substantially failed to carry out the assurances regarding implementation set forth in the plan approved under section 212,

then the President shall, after consultation with the Governor of such State, make effective in such State all or any part of the standby Federal conservation plan established under subsection (a) for such period or periods as the President determines appropriate to achieve the target in that State.

(c) Basis for Findings.--Any finding under subsection (b) shall be accompanied by such information and analysis as is necessary to provide a basis therefor and shall be available to the Congress and the public.

(d) Submission of State Emergency Conservation Plan.--(1) The Governor of a State in which all or any portion of the standby Federal conservation plan is or will be in effect may submit at any time a State emergency conservation plan, and if it is approved under section 212(c), all or such portion of the standby Federal conservation plan shall cease to be effective in that State. Nothing in this paragraph shall affect any action or pending proceedings, administrative or civil, not finally determined on such date, nor any administrative or civil action or proceeding, whether or not pending, based upon any act committed or liability incurred prior to such cessation of effectiveness.

(e) State Substitute Emergency Conservation Measures.--(1) After the President makes all or any part of the standby Federal conservation plan effective in any State or political subdivision under subsection (b), the Secretary shall provide procedures whereby such State or any political subdivision thereof may submit to the Secretary for approval one or more measures under authority of State or local law to be implemented by such State or political subdivision and to be substituted for any Federal measure in the Federal plan. The measures may include provisions whereby persons affected by such Federal measure are permitted to use alternative means of conserving at least as much energy as would be conserved by such Federal measure. Such measures shall provide effective procedures, as determined by the Secretary, for the approval and enforcement of such alternative means by such State or by any political subdivision thereof.

(2) The Secretary may approve the measures under paragraph (1) if he finds--,

(A) that such measures when in effect will conserve at least as much energy as would be conserved by such Federal measure which would have otherwise been in effect in such State or political subdivision;

(B) such measures otherwise meet the requirements of this paragraph; and

(C) such measures would be approved under section 212(c)(1) (B), (C), and (D).

(3) If the Secretary approves measures under this subsection such Federal measure shall cease to be effective in that State or political subdivision. Nothing in this paragraph shall affect any action or pending proceedings, administrative or civil, not finally determined on the date the Federal measure ceases to be effective in that State or political subdivision, nor any administrative or civil action or proceeding, whether or not pending, based upon any act commited or liability incurred prior to such cessation of effectiveness.

(4) If the Secretary finds after a reasonable period of time that the requirements of this subsection are not being met under the measures in effect under this subsection he may reimpose the Federal measure referred to in paragraph (1).

(f) State Authority To Administer Plan.--At the request of the Governor of any State, the President may provide that the administration and enforcement of all or a portion of the standby Federal conservation plan made effetive in that State under subsection (b) be in accordance with section 212(d) (1), (2), and (4).

(g) Presidential Authority Not To Be Delegated.--Notwithstanding any other provision of law (other than subsection (f)), the authority vested in the President under this section may not be delegated.

(h) Requirements of Plan.--The plan established under subsection (a) shall--,

(1) taken as a whole, be designed so that the plan, if implemented, would be likely to achieve the emergency conservation target under section 211 for which it would be implemented,

(2) taken as a whole, be designed so as not to impose an unreasonably disproportionate share of the burden of restrictions on energy use on any specific class of industry, business, or commercial enterprise, or any individual segment thereof, and

(3) not contain any measure which the Secretary finds--,

(A) is inconsistent with any otherwise applicable

Federal

law (including any rule or regulation under such law),

(B) is an undue burden on interstate commerce, (C) is a tax, tariff, or user fee, o (D) is a program for the assignment of rights for

end-user

purchases of gasoline or diesel fuel, as described in

section

203(a)(1) (A) and (B) of the Energy Policy and

Conservation

Act (42 U.S.C. 6263).

(i) Plan May Not Authorize Weekend Closings of Retail Gasoline Stations.--(1) Except as provided in paragraph (2), the plan established under subsection (a) may not provide for the restriction of hours of sale of motor fuel at retail at any time between Friday noon and Sunday midnight.

(2) Paragraph (1) shall not preclude the restriction on such hours of sale if that restriction occurs in connection with a program for restricting hours of sale of motor fuel each day of the week on a rotating basis.

(j) Civil Penalties.--(1) Whoever violates the requirements of such a plan implemented under subsection (b) shall be subject to a civil penalty not to exceed $1,000 for each violation.

(2) Any penalty under paragraph (1) may be assessed by the court in any action brought in any appropriate United States district court or any other court of competent jurisdiction. Except to the extent provided under paragraph (3), any such penalty collected shall be deposited into the general fund of the United States Treasury as miscellaneous receipts.

(3) The Secretary may enter into an agreement with the Governor of any State under which amounts collected pursuant to this subsection may be collected and retained by the State to the extent necessary to cover costs incurred by that State in connection with the administration and enforcement of that portion of the standby Federal conservation plan for which authority is delegated to that State under subsection (f).

SEC. 214. // 42 USC 8514 // JUDICIAL REVIEW.

(a) State Actions.--(1) Any State may institute an action in the appropriate district court of the United States, including actions for declaratory judgment, for judicial review of--,

(A) any target established by the President under section 211( a);

(B) any finding by the President under section 213(b)(1)(A), relating to the achievement of the emergency energy conservation target of such State, or 213(b)(2), relating to the achievement of the emergency energy conservation target of such State or the failure to carry out the assurances regarding implementation contained in an approved plan of such State; or

(C) any determination by the Secretary disapproving a State plan under section 212(c), including any determination by the Secretary under section 212(c)(1)(B) that the plan is likely to impose an unreasonably disproportionate share of the burden of restrictions of energy use on any specific class of industry, business, or commercial enterprise, or any individual segment thereof.

Such action shall be barred unless it is instituted within 30 calendar days after the date of publication of the establishment of a target referred to in subparagraph (A), the finding by the President referred to in subparagraph (B), or the determination by the Secretary referred to in subparagraph (C), as the case may be.

(2) The district court shall determine the questions of law and upon such determination certify such questions immediately to the United States court of appeals for the circuit involved, which shall hear the matter sitting en banc.

(3) Any decision by such court of appeals on a matter certified under paragraph (2) shall be reviewable by the Supreme Court upon attainment of a writ of certiorari. Any petition for such a writ shall be filed no later than 20 days after the decision of the court of appeals.

(b) Court of Appeals Docket.--It shall be the duty of the court of appeals to advance on the docket and to expedite to the greatest possible extent the disposition of any matter certified under subsection (a)(2).

(c) Injunctive Relief.--With respect to judicial review under subsection (a)(1)(A), the court shall not have jurisdiction to grant any injuctive relief except in conjunction with a final judgment entered in the case.

SEC. 215. // 42 USC 8515. // REPORTS.

(a) Monitoring.--The Secretary shall monitor the implementation of State emergency conservation plans and of the standby Federal conservation plan and make such recommendations to the Governor of each affected State as he deems appropriate for modification to such plans.

(b) Annual Report.--The President shall report annually to the Congress on any activities undertaken pursuant to this part and include in such report his estimate of the energy saved in each State and the performance of such State in relation to this part. Such report shall contain such recommendations as the President considers appropriate.

Part B--Other Automobile Fuel Purchase Measures

SEC. 221. // 42 USC 8521. // MINIMUM AUTOMOBILE FUEL PURCHASES.

(a) General Rule.--If the provisions of this subsection are made applicable under subsection (c), no person shall purchase motor fuel from a motor fuel retailer in any transaction for use in any automobile or other vehicle unless--,

(1) the price for the quantity purchased and placed into the fuel tank of that vehicle equals or exceeds $5.00; or

(2) in any case in which the amount paid for the quantity of motor fuel necessary to fill the fuel tank of that vehicle to capacity is less than $5.00, such person pays to the retailer an additional amount so that the total amount paid in that transaction equals $5.00.

Any person selling motor fuel in transactions to which the provisions of this subsection apply shall display at the point of sale notice of such provisions in accordance with regulations prescribed by the Secretary.

(b) $7.00 To Be Applicable in the Case of 8-Cylinder Vehicles.--, In applying subsection (a) in the case of any vehicle with an engine having 8 cylinders (or more), "$7.00" shall be substituted for "$5.00".

(c) Applicability.--(1) Unless applicable pursuant to paragraph (2), the requirements of subsection (a) shall apply in any State and shall be administered and enforced as provided in subsection (g) only if--,

(A) the Governor of that State submits a request to the Secretary to have such requirements applicable in that State; and

(B) the attorney general of that State has found that (i) absent a delegation of authority under a Federal law, the Governor lacks the authority under the laws of the State to invoke comparable requirements, (ii) under applicable State law, the Governor and other appropriate State officers and employees are not prevented from administering and enforcing such requirements under a delegation of authority pursuant to Federal law, and (iii) if implemented such requirements would not be contrary to State law.

Subject to paragraph (2), such provisions shall cease to apply in any State if the Governor of the State withdraws any request under subparagraph (A).

(2) The requirements of subsection (a) shall apply in every State if there is in effect a finding by the President that nationwide implementation of such requirements would be appropriate and consistent with the purposes of this title.

(3) Such requirements shall take effect in any State beginning on the 5th day after the Secretary or the President (as the case may be) publishes notice in the Federal Register of the applicability of the requirements to the State pursuant to paragraph (1) or (2).

(4) Notwithstanding any other provision of law, the authority vested in the President under paragraph (2) may not be delegated.

(d) Exemptions.--The requirements of subsection (a) shall not apply to any motorcycle or motorpowered bicycle, or to any comparable vehicle as may be determined by the Secretary by regulation.

(e) Adjustment of Minimum Levels.--The Secretary may increase the $5.00 and $7.00 amounts specified in subsections (a) and (b) if the Secretary considers it appropriate. Adjustments under this subsection shall be only be only in even dollar amounts.

(f) Civil Penalties.--(1) Whoever violates the requirements of subsection (a) shall be subject to a civil penalty of not to exceed $100 for each violation.

(2) Any penalty under paragraph (1) may be assessed by the court in any action under this section brought in any appropriate United States district court or any other court of competent jurisdiction. Except to the extent provided in paragraph (3), any such penalty collected shall be deposited into the general fund of the United States Treasury as miscellaneous receipts.

(3) The Secretary may enter into an agreement with the Governor of any State under which amounts collected pursuant to this subsection may be collected and retained by the State to the extent necessary to cover costs incurred by that State in connection with the administration and enforcement of the requirements of subsection (a) the authority for which is delegated under subsection (g).

(g) Administration and Enforcement Delegated to States.--(1) There is hereby delegated to the Governor of any State, and other State and local officers and employees designated by the Governor, the authority to administer and enforce, within that State, any provision of this part which is to be administered and enforced in accordance with this section. Such authority includes the authority to institute actions on behalf of the United States for the imposition and collection of civil penalties under subsection (f).

(2)(A) All delegation of authority under paragraph (1) with respect to any State shall be considered revoked effective (i) upon the receipt of a written waiver of authority signed by the Governor of such State or (ii) uupon a determination by the President that such delegation should be revoked, but only to the extent of that determination.

(B) If at any time the conditions of subsection (c)(1)(B) are no longer satisfied in any State to which a delegation has been made under paragraph (1), the attorney general of that State shall transmit a written statement to that effect to the Governor of that State and to the President. Such delegation shall be considered revoked effective upon receipt by the President of such written statement and a determination by the President that such conditions are no longer satisfied, but only to the extent of that determination and consistent with such attorney general's statement.

(C) Any revocation under subparagraph (A) or (B) shall not affect any action or pending proceedings, administrative or civil, not finally determined on the date of such revocation, nor any administrative or civil action or proceeding, whether or not pending, based on any act committed or liability incurred prior to such revocation.

(D) The Secretary shall administer and enforce any provision of this part which has been made effective under subsection (c)(2) and for which a delegation of authority is considered revoked under subparagraph (A).

(h) Coordination With Other Law.--The charging and collecting of amounts referred to in subsection (a)(2) under the requirements of subsection (a), or similar amounts collected under comparable requirements under any State law, shall not be considered a violation of--,

(1) the Emergency Petroleum Allocation Act of 1973

// 15 USC 751 //

or any regulation thereunder; or

(2) any Federal or State law requiring the labeling or disclosure of the maximum price per gallon of any fuel.

SEC. 222. // 42 USC 8522. // OUT- OF- STATE VEHICLES TO BE EXEMPTED FROM ODD- EVEN MOTOR FUEL PURCHASE RESTRICTIONS.

(a) General Rule.--Notwithstanding any provision of any Federal, State, or local law, any odd-even fuel purchase plan in effect in any State may not prohibit the sale of motor fuel to any person for use in a vehicle bearing a license plate issued by any authority other than that State or a State contiguous to that State.

(b) Definitions.--For purposes of this section the term "odd-even fuel purchase plan" means any motor fuel sales restriction under which a person may purchase motor fuel for use in any vehicle only on days (or other periods of time) determined on the basis of a number or letter appearing on the license plate of that vehicle (or on any similar basis).

Part C--Building Temperature Restrictions

SEC. 231. AMENDMENT TO ENERGY POLICY AND CONSERVATION ACT.

Section 202 of the Energy Policy and Conservation Act (42 U.S.C. 6262) is amended by adding at the end thereof the following new subsection:

"(d)(1) In the case of an energy conservation contingency plan that regulates building temperatures, any State or political subdivision thereof may submit to the President a comparable plan, as described in subsection (b)(1), and include in such plan procedures permitting any person affected by such contingency plan to use alternative means of conserving at least as much energy in affected buildings as would be conserved by the energy conservation contingency plan that regulates building temperatures. Such plan shall include effective procedures for the approval and enforcement of such alternative plans by such State or such political subdivision thereof.

"(2) The alternative plan under paragraph (1) need not conserve energy in the same fashion as the energy conservation contingency plan that regulates building temperatures.

"(3) Nothing in this subsection shall preclude any political subdivision of a State from applying directly to the President for approval of a comparable plan under paragraph (1).".

Part D--Studies

SEC. 241. // 42 USC 8531. // STUDIES.

(a) Study of Commercial and Industrial Storage of Fuel.--Not later than 180 days after the date of the enactment of this part, the Secretary shall conduct a study and report to the Congress regarding the commercial and industrial storage of gasoline and middle distillates (other than storage in facilities which have capacities of less than 500 gallons or storage used exclusively and directly for agricultural, residential, petroleum refining, or pipeline transportation purposes).

(b) Contents of Report.--Such report shall--,

(1) indicate to what extent storage activities have increased since November 1, 1978, and what business establishments (including utilities) have been involved;

(2) the estimated amount of gasoline and middle distillates (in the aggregate and by type and region) which are in storage within the United States at the time of the study, the amounts which were in storage at the same time during the calendar year preceding the study, and the purposes for which such storage is maintained; and

(3) contain such findings and recommendations for legislation and administrative action as the Secretary considers appropriate, including recommendations for improving the availability and quality of data concerning such storage.

SEC. 242. // 42 USC 8532. // MIDDLE DISTILLATE MONITORING PROGRAM.

(a) Monitoring Program.--(1) Not later than 60 days after the date of the enactment of this Act, the Secretary shall establish and maintain a data collection program for monitoring, at the refining, wholesale, and retail levels, the supply and demand levels of middle distillates on a periodic basis in each State.

(2) The program to be established under paragraph (1) shall provide for--,

(A) the prompt collection of relevant demand and supply data under the authority available to the Secretary under other law; and

(B) the submission to Congress of periodic reports each containing a concise narrative analysis of the most recent data which the Secretary determines are accurate, and a discussion on a State-by-State basis of trends in such data which the Secretary determines are significant.

(3) All data and information collected under this program shall be available to the Congress and committees of the Congress, and, in accordance with otherwise applicable law, to appropriate State and Federal agencies and the public.

(4) Nothing in this subsection authorizes the direct or indirect regulation of the price of any middle distillate.

(5) For purposes of this section, the term "middle distillate" has the same meaning as given that term in section 211.51 of title 10, Code of Federal Regulations, as in effect on the date of the enactment of this section.

(b) Report.--Before December 31, 1979, the President shall submit a report to Congress in which the President shall examine the middle distillate situation, summarizing the data, information, and analyses described in subsection (a) and discussing in detail matters required to be addressed in findings made pursuant to section 12(d)(1) of the Emergency Petroleum Allocation Act of 1973 (15 U.S.C. 760(d)(1)). // 15 USC 760a. //

Part E--Administrative Provisions

SEC. 251. // 42 USC 8541. // ADMINISTRATION.

(a) Information.--(1) The Secretary shall use the authority provided under section 11 of the Energy Supply and Environmental Coordination Act of 1974 // 15 USC 796. // for the collection of such information as may be necessary for the enforcement of the provisions of parts A and B of this title.

(2) In carrying out his responsibilities under this title, the Secretary shall insure that timely and adequate information concerning the supplies, pricing, and distribution of motor fuels (and other energy sources which are the subject of targets in effect under section 211) is obtained, analyzed, and made available to the public. Any Federal agency having responsibility for collection of such information under any other authority shall cooperate fully in facilitating the collection of such information.

(b) Effect on Other Laws.--No State law or State program in effect on the date of the enactment of this title, or which may become effective thereafter, shall be superseded by any provision of this title, or any rule, regulation, or order thereunder except insofar as such State law or State program is in conflict with any such provision of section 213 or 221 (or any rule, regulation, or order under this part relating thereto) in any case in which measures have been implemented in that State under the authority of section 213 or 221 (as the case may be).

(c) Termination.--(1) The provisions of parts A, B, D, and E of this title, including any actions taken thereunder, shall cease to have effect on July 1, 1983.

(2) Such expiration shall not affect any action or pending proceeding, administrative or civil, not finally determined on such date, nor any administrative or civil action or proceeding, whether or not pending, based upon any act committed or liability incurred prior to such expiration date.

TITLE III-- GENERAL PROVISIONS

SEC. 301. // 42 USC 8501 // FUNDING FOR FISCAL YEARS 1979 AND 1980.

For purposes of any law relating to appropriations or authorizations for appropriations as such law relates to the fiscal year ending September 30, 1979, or the fiscal year ending September 30, 1980, the provisions of this Act (including amendments made by this Act) shall be treated as if it were a contingency plan under section 202 or 203 of the Energy Policy and Conservation Act // 42 USC 6262, 6263. // which was approved in accordance with the procedures under that Act or as otherwise provided by law, and funds made available pursuant to such appropriations shall be available to carry out the provisions of this Act and the amendments made by this Act.

SEC. 302. // 42 USC 6261 // EFFECTIVE DATE.

The amendments made by this Act shall take effect on the date of the enactment of this Act.

Approved November 5, 1979.

LEGISLATIVE HISTORY:

HOUSE REPORTS: No. 96 - 373 (Comm. on Interstate and Foreign Commerce) and No. 96 - 516 (Comm. of Conference).

SENATE REPORTS: No. 96 - 117 (Comm. on Energy and Natural Resources) and No. 96 - 366 (Comm. of Conference).

CONGRESSIONAL RECORD, Vol. 125 (1979):

June 5, considered and passed Senate.

July 25, 31, Aug. 1, considered and passed House, amended.

Oct. 17, Senate agreed to conference report.

Oct. 23, House agreed to conference report.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 15, No. 45:

Nov. 5, Presidential statement.

PUBLIC LAW 96-101, 93 STAT. 736, MILWAUKEE RAILROAD RESTRUCTURING ACT

96 TH CONGRESS, S. 1905 NOVEMBER 4, 1979
An Act To provide for the orderly restructuring of the

Milwaukee Railroad, and for the

protection of the employees of such railroad.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act // 45 USC 901 // may be cited as the " Milwarkee Railroad Restructuring Act".

CONGRESSIONAL FINDINGS

Sec. 2. // 45 USC 901. // (a) Congress hereby finds that--,

(1) the severe operating losses and the deteriorating plant and equipment of the Milwaukee Railroad threaten to cause cessation of its operations in the near future;

(2) a cessation of operations by the Milwaukee Railroad would have serious repercussions on the economies of the States in which such railroad principally operates (the States of Washington, Montana, Idaho, North Dakota, South Dakota, Illinois, Iowa, Missouri, Michigan, Indiana, Minnesota, and Wisconsin);

(3) a cessation of operations of the Milwaukee Railroad would result in the loss of many thousands of jobs of railroad workers and other workers whose employment is dependent upon rail service over the lines presently operated by the Milwaukee Railroad;

(4) experienced railroad employees make a valuable contribution toward strengthening the railroad industry; and other railroads have the ability and willingness to employ displaced employees of the Milwaukee Railroad;

(5) the ownership by employees or by employees and shippers of part or all of the Milwaukee Railroad may be a valuable tool in reorganization and should be given serious consideration;

(6) cessation of essential transportation services by the Milwaukee Railroad would endanger the public welfare;

(7) cessation of such services is imminent; and

(8) there is no other practicable means of obtaining funds to meet payroll and other expenses necessary for continuation of services and reorganization of the Milwaukee Railroad.

(b) The Congress declares that emergency measures set forth in this Act must be taken to restructure the Milwaukee Railroad and to avoid the potential unemployment and damage to the economy of the region and of the Nation which a cessation of essential services by the Milwaukee Railroad would otherwise cause.

DEFINITIONS

Sec. 3. // 45 USC 902. // As used in this Act--,

(1) the term "bankruptcy court" means the court having jurisdiction over the reorganization of the Milwaukee Railroad;

(2) the term " Board" means the Railroad Retirement Board;

(3) the term " Commission" means the Interstate Commerce Commission;

(4) the term "employee"--,

(A) includes any employee of the Milwaukee Railroad who worked on a line of such railroad the sale of which

became

effective on October 1, 1979; but

(B) does not include any individual serving as president, vice-president, secretary, treasurer, comptroller,

counsel,

member of the board of directors, or any other person

performing such function;

(5) the term " Milwaukee Railroad" means the Chicago, Milwaukee, St. Paul and Pacific Railroad Company; and

(6) the term "restructured Milwaukee Railroad"--,

(A) means the entity operating the lines of the

Milwaukee

Railroad after the 6-month period beginning on (i) the

occurrence of an event described in section 22(b) of

this Act,

or (ii) April 1, 1980, whichever first occurs; but

(B) does not include (i) any line of the Milwaukee

Railroad

which is the subject of a proposed sale, transfer, or

abandonment

pending on the expiration of the 6-month period

described in subparagraph (A) of this paragraph, or

(ii) any

entity formed pursuant to section 6 of this Act.

SALES AND TRANSFERS

Sec. 4. // 45 USC 903. // (a) The Milwaukee Railroad may negotiate and enter into agreements to sell, to another rail carrier or any other person, all or any portion of its rail properties used in railroad operations as of October 15, 1979. Such sale agreements may in no event become final and effective until the occurrence of an event described in section 22(b) of this Act, or April 1, 1980, whichever first occurs. In taking action under this subsection, the Milwaukee Railroad may consult with the Secretary of Transportation.

(b)(1) The Secretary of Transportation, under the authority of section 5(a)-(e) of the Department of Transportation Act, // 49 USC 1654. // may develop plans, participate in negotiations, and recommend to the trustee proposals for the sale or transfer of any rail properties of the Milwaukee Railroad which are used in rail operations as of October 15, 1979. In taking action under this paragraph, the Secretary shall give preference to financially responsible persons, including governmental entities, negotiating for the purchase of any lines with the intent of providing common carrier service.

(2) Any sale or transfer proposal developed under paragraph (1) of this subsection shall be submitted to the bankruptcy court. Such a proposal may in no event become final or effective until the occurrence of an event described in section 22(b) of this Act, or April 1, 1980, whichever first occurs.

COURT APPROVED ABANDONMENTS AND SALES

Sec. 5. // 45 USC 904. // (a)(1) Upon the occurrence of an event described in section 22((b) of this Act, or on April 1, 1980, whichever first occurs, the bankruptcy court may authorize the abandonment of lines of the Milwaukee Railroad pursuant to section 1170 of title 11 of the United States Code. // 92 Stat. 2643. // Pending the expiration of the time for appeal of an abandonment order or the determination of any such appeal, the bankruptcy court may authorize the termination of service on a line to be abandoned, and the order authorizing such termination may not be stayed. In authorizing any abandonment pursuant to this section, the court shall require the carrier to provide a fair arrangement at least as protective of the interests of employees as that required under section 11347 of title 49 of the United States Code. // 92 Stat. 1439. //

(2) Prior to the date specified in paragraph (1) of this subsection, the bankruptcy court may hear and consider any request for the abandonment of lines of the Milwaukee Railroad, and may fix the time for the Commission's report on the request, but it may take final action authorizing such abandonment only in accordance with such paragraph (1).

(b)(1) Upon the occurrence of an event described in section 22(b) of this Act, or on April 1, 1980, whichever first occurs, the bankruptcy court may authorize the sale or transfer of a line of the Milwaukee Railroad to be used in continued rail operations, subject to the approval of the Commission under paragraph (2) of this subsection. In authorizing any such sale or transfer, the court shall provide a fair arrangement at least as protective of the interest of employees as that required under section 11347 of title 49 of the United States Code.

(2) The bankruptcy court may not authorize a sale or transfer pursuant to paragraph (1) of this subsection unless an appropriate application with respect to such sale or transfer is initiated with the Commission and, within such time as the court may fix, not exceeding 180 days, the Commission, with or without a hearing, as the Commission may determine, and with or without modification or condition, approves such application, or does not act on such application. Any action or order of the Commission approving, modifying, conditioning, or disapproving such application is subject to review by the court only under sections 706(2)(A), 706(2)(B), 706(2)(C), and 706(2)(D) of title 5 of the United States Code. An application may be initiated with the Commission prior to the date specified in paragraph (1) of this subsection.

(3) Pending review of an application by the Commission pursuant to paragraph (2) of this subsection, the bankruptcy court may, on a preliminary basis, authorize the sale or transfer of lines of the Milwaukee Railroad to another rail carrier. The court may permit the purchasing carrier to operate interim service as a common carrier over the lines to be purchased, without regard to section 10901 of title 49 of the United States Code. // 92 Stat. 1402. // In operating such service, the purchasing carrier shall use employees of the Milwaukee Railroad to the extent necessary for the operation of such service. The bankruptcy court may take final action authorizing any such sale or transfer only in accordance with paragraph (1) of this subsection.

(c) Nothing in this section shall be deemed to affect the priorities or timing of payment of employee protection which might have existed in the absence of this Act.

EMPLOYEE OR EMPLOYEE- SHIPPER OWNERSHIP PLAN

Sec. 6. // 45 USC 905. // (a)(1) No later than December 1, 1979, an association composed of representatives of national railway labor organizations, employee coalitions, and shippers (or any combination of the foregoing) may submit to the Commission a single plan for converting all or a substantial part of the Milwaukee Railroad into an employee or employee-shipper owned company and a method for implementing such plan. The plan shall include a comprehensive evaluation of the prospects for the financial self-sustainability of the Milwaukee Railroad.

(2) The Commission shall, within 30 days after the date of submission of a plan under paragraph (1) of this subsection, approve the proposed plan if it finds that such plan is feasible. The finding of the Commission with respect to the feasibility of the plan shall be made pursuant to section 554 of title 5 of the United States Code.

(3) The Commission shall make a finding that the plan submitted under this section is feasible if it determines that--,

(A) adequate public and private financing is available to the proponents of such plan;

(B) such plan is fair and equitable to the estate of the Milwaukee Railroad;

(C) implementation of such plan will occur by April 1, 1980;

(D) the railroad proposed to be operated under the plan can be operated on a self-sustaining basis; and

(E) the plan contains an assessment of all operating practices, and includes agreements by labor and management to make implementing changes designed to achieve labor productivity increases (which may include changes in work rules to increase productivity) consistent with safe operations and adequate service.

For purposes of the determinations under this paragraph, adequate financing shall include all sources of private funds, the probable value and priority of valid claims against the estate, and Federal, State, or local funds available under programs (in existence as of January 1, 1980) which are or will be available to the proponent and which the proponent is likely to obtain.

(b) If the Commission finds that the plan submitted under this section is feasible, it shall submit its finding to the bankruptcy court. Within 10 days after the date of such submission, the bankruptcy court shall, after a hearing, determine whether such plan is fair and equitable to the estate of the Milwaukee Railroad. The Commission's determination with respect to that issue shall be rebutted only by clear and convincing evidence.

(c) If the Commission finds that the plan is feasible and the bankruptcy court determines that the plan is fair and equitable to the estate of the Milwaukee Railroad, the proponents of such plan shall implement the plan no later than April 1, 1980.

(d) Except as provided in this section, the findings of the Commission with respect to the plan shall not be subject to review.

(e)(1) The trustee of the Milwaukee Railroad shall promptly provide to the person engaged in developing the employee or employee and shipper ownership plan under this section--,

(A) its most recent reports on the physical condition of the railroad; and

(B) traffic, revenue, marketing, and other data necessary to determine the amount of the acquisition cost of the railroad or portion of the railroad that would be required to continue rail transportation over the railroad line.

(2) Information provided pursuant to this subsection shall be used only for purposes of preparing a plan and shall not be disclosed to any competitor or, unless necessary in connection with the preparation of the plan, to any customer of the Milwaukee Railroad.

EMERGENCY RAIL SERVICES ACT OF 1970

Sec. 7. (a) Subsection (a) of section 3 of the Emergency Rail Services Act of 1970 (45 U.S.C. 662(a)) is amended by striking out "upon a finding" in the fifth sentence and all that follows in that subsection and inserting in lieu thereof a period.

(b) Section 3 of the Emergency Rail Services Act of 1970 (45 U.S.C. 662) is amended by inserting after subsection (b) the following new subsection:

"(c) The Secretary shall not guarantee any certificate under this section unless such certificate is treated as an expense of administration and receives the highest lien on the railroad's property and priority in payment under the Bankruptcy Act, // 92 STAT. 2549. 11 USC 101 // except that this subsection shall not apply to certificates guaranteed for a railroad that is actively engaged in restructuring, as defined by the Secretary. For purposes of this subsection, the term "restructuring" includes an employee ownersip plan or an employee-shipper ownership plan.".

(c) Section 3(e) of the Emergency Rail Services Act of 1970 (45 U.S. C. 662(e)) is amended--,

(1) by striking out "$125,000,000" and inserting in lieu thereof "$200,000,000"; and

(2) by striking out the last sentence thereof, as added by Public Law 96 - 86.

(d) The Secretary of Transportation shall, under the authority of the Emergency Rail Services Act of 1970, // 45 USC 906. 45 USC 661 // immediately guarantee trustee certificates of the Milwaukee Railroad, on the basis of an estimate of the amount required to be provided under subsection (e) of this section, for purposes of allowing the Milwaukee Railroad, commencing November 1, 1979, to maintain its entire railroad system in accordance with section 22 of this Act, and as required to finance operations which the Milwaukee Railroad continues for the 60-day period beginning on the date of the occurrence of an event described in section 22(b) of this Act or on April 1, 1980, whichever first occurs. Such guarantee shall be made without regard to the findings set forth in section 3(a) of the Emergency Rail Services Act of 1970, and the provisions of section 3(b)(3) and the last two sentences of section 3(d) of such Act shall not apply to such guarantee.

(e) The Secretary shall guarantee trustee certificates of the Milwaukee Railroad pursuant to this section // 45 USC 906 // in an amount equal to the difference between (1) the total expenses incurred by such railroad attributable to the maintenance and the continuation of service in accordance with subsection (d) of this section, and (2) the revenues of such railroad.

(f) Notwithstanding the provisions of section 3(c) of the Emergency Rail Services Act of 1970, // 45 USC 906. // certificates guaranteed under this Act shall be subordinated to the claims of any creditors of the Milwaukee Railroad as of the date of enactment of this Act.

(g) The Commission shall immediately make available to the Secretary of Transportation the sum of $10,000,000, out of funds available for directed service under title 49 of the United States Code. // 45 USC 906. // The Secretary of Transportation shall immediately make such funds available to the trustee of the Milwaukee Railroad for purposes of financing the operations of the Milwaukee Railroad, beginning November 1, 1979, in accordance with section 22 of this Act.

RAILROAD HIRING

Sec. 8. // 45 USC 907. // Each person who is an employee of the Milwaukee Railroad on September 30, 1979, and who is separated or furloughed from his employment with such railroad (other than for cause) prior to April 1, 1981, as a result of a reduction of service by such railroad shall, unless found to be less qualified than other applicats, have the first right of hire by any other rail carrier that is subject to regulation by the Commission for any vacancy that is not covered by (1) an affirmative action plan, or a hiring plan designed to eliminate discrimination, that is required by Federal or State statute, regulation, or executive order, or by the order of a Federal court or agency, or (2) a permissible voluntary affirmative action plan. For purposes of this section, a rail carrier shall not be considered to be hiring new employees when it recalls any of its own furloughed employees.

EMPLOYEE PROTECTION AGREEMENTS

Sec. 9. // 45 USC 908. // (a) The Milwaukee Railroad and labor organizations representing the employees of such railroad may, not later than 20 days after the date of enactment of this Act, enter into an agreement providing protection for employees of such railroad who are adversely affected as a result of a reduction in service by such railroad or a restructuring transaction carried out by such railroad. Such employee protection may include, but need not be limited to, interim employee assistance, moving expenses, employee relocation incentive compensation, and separation allowances.

(b) If the Milwaukee Railroad and the labor organizations representing the employees of such railroad are unable to enter into anemployee protection agreement under subsection (a) of this section within 20days after the date of enactment of this Act, the parties shall immediately submit the matter to the National Mediation Board. The National Mediation Board shall attempt, by mediation, to bring the parties to an agreement with respect to employee protection no later than 40 days after the date of enactment of this Act.

(c)(1) If the National Mediation Board is unable to bring the parties to an agreement under subsection (b) of this section within 40 days after the date of enactment of this Act, the Milwaukee Railroad and the labor organizations representing the employees of such railroad shall immediately enter into an employee protection agreement that is fair and equitable.

(2) If an employee protection agreement is entered into under this subsection, any claim of an employee for benefits and allowances under such agreement shall be filed with the Board in such time and manner as the Board by regulation shall prescribe. The Board shall determine the amount for which such employee is eligible under such agreement and shall certify such amount to the Milwaukee Railroad for payment.

(d) Benefits and allowances under an employee protection agreement entered into under this section shall be paid by the Milwaukee Railroad in accordance with section 15 of this Act, and claims of employees for such benefits and allowances shall be treated as administrative expenses of the estate of the Milwaukee Railroad.

SUPPLEMENTARY UNEMPLOYMENT INSURANCE

Sec. 10. // 45 USC 909. // (a) Any employee of the Milwaukee Railroad--,

(1) who (A) is employed by the restructured Milwaukee Railroad, and (B) is separated from that employment by reason of any reduction in service by such railroad prior to April 1, 1984; or

(2) who (A) is separated from his employment with the Milwaukee Railroad in connection with a testructuring transaction carried out by such railroad, and obtains employment, prior to April 1, 1981, with another rail carrier, and (B) is separated from employment with such other carrier prior to April 1, 1984,

shall be entitled to receive monthly supplementary unemployment insurance in accordance with the provisions of this section.

(b) Each employee described in subsection (a) of this section shall be entitled to receive supplementary unemployment insurance during each month in which such employee is not employed, for all or a portion of such month, by the Milwaukee Railroad or another rail carrier. Each such employee shall be entitled to receive such insurance for a total of not more than 36 months, except that--,

(1) the period of entitlement for assistance under this section shall not exceed the employee's total months of service wiht the Milwaukee Railroad; and

(2) no compensation shall be provided under this section after April 1, 1984, unless it is necessary in order to provide an employee with at least 8 months of such insurance, but after such date, such employee only shall receive such 8-month minimum if such employee is not employed continuously after such date.

(c) Supplementary unemployment insurance under this section shall be payable to an employee on a monthly basis in an amount equal to--,

(1) eighty percent of such employee's average monthly normal compensation from employment with the Milwaukee Railroad during the period beginning June 1, 1977, and ending on the date of enactment of this Act, less

(2) the sum of (A) the amount of any benefits payable to such employee for such month under the Railroad Unemployment Insurance Act or under any State unemployment insurance program, and (B) the amount of any earnings of such employee for such month from employment or self-employment of any kind.

(d) An application for supplementary unemployment insurance shall be filed with the Board in such time and manner as the Board by regulation shall prescribe.

(e) Any supplementary unemployment insurance received by any employee pursuant to this section shall be considered to be compensation solely--,

(1) for purposes of the Railroad Retirement Act of 1974 (45 U. S.C. 231 et seq.); and

(2) for purposes of determining the compensation received by such employee in any base year under the Railroad Unemployment Insurance Act.

// 45 USC 367. //

(f)(1) The provisions of this section shall not apply to an employee in the event of his resignation, retirement, or discharge for cause from the employment of any rail carrier.

(2) An employee shall not be entitled to receive supplementary unemployment insurance under this section if he has failed to exhaust all seniority rights or other employment rights under applicable collective bargaining agreements.

(3) An employee shall not be entitled to receive supplementary unemployment insurance under this section for month or portion of a month in which such employee is unemployed due to normal seasonal unemployment patterns in the railroad industry.

(g) For purposes of this section, any employee of the Milwaukee Railroad who is furloughed shall be considered to be separated from his employment.

(h) The first sentence of section 7(b)(7) of the Railroad Retirement Act of 1974 (45 U.S.C. 231 f(b)(7) is amended--,

(1) by striking out " The" and inserting " Notwithstanding any other provision of law, the" in lieu thereof; and

(2) by inserting "and the Milwaukee Railroad Restructuring Act" immediately before the period at the end thereof.

EMPLOYMENT OF MILWAUKEE RAILROAD EMPLOYEES

Sec. 11. // 45 USC 910. // (a) The Board shall prepare and maintain--,

(1) a list of individuals sparated from employment with the Milwaukee Railroad who indicate a desire to appear on a list to be available to rail carriers; and

(2) a list of employment, by class and craft, available with rail carriers,

based upon information submitted to the Board by the Milwaukee Railroad and other rail carriers. Upon the request of any rail carrier, the Board shall make available to such carrier a copy of the list described in paragraph (1) of this subsection.

(b) The Board shall maintain the lists required by subsection (a) of this section through December 31, 1984.

NEW CAREER TRAINING ASSISTANCE

Sec. 12. // 45 USC 911. // (a) Any employee who elects to receive a separation allowance from the Milwaukee Railroad under an employee protection agreement entered into under section 9 of this Act shall be entitled to receive from the Board expenses for training in qualified institutions for new career opportunities.

(b) To be entitled for assistance under this section, an employee must begin his course of training within two years following the date of his separation from employment with the Milwaukee Railroad.

(c) Entitlement to expenses for assistance under this section shall be determined by the Board on the basis of an application therefor filed by an employee with the Board.

(d) No assistance may be provided under this section after April 1, 1984.

(e) As used in this section--,

(1) the term "expenses" means actual expenses paid for room, board, tuition, fees, or educational material in an amount not to exceed $3,000; and

(2) the term "qualified institution" means an educational institution accredited for payment by the Veterans' Administration under chapter 36 of title 38 of the United States Code.

// 38 USC 1770 //

ELECTION

Sec. 13. // 45 USC 912. // Any employee who receives any assistance under section 10 or section 12 of this Act or under an employee protection agreement entered into under section 9 of this Act shall be deemed to waive any employee protection benefits otherwise available to such employee under the Bankruptcy Act, title 11 of the United States Code, // 92 Stat. 2549. 11 USC 101 92 Stat. 1337. 49 USC 10101 subtitle IV of title 49 of the United States Code, or any applicable contract or agreement.

AUTHORIZATION OF APPROPRIATIONS

Sec. 14. // 45 USC 913. // (a) There is authorized to be appropriated to provide supplementary unemployment insurance under section 10 of this Act not to exceed $5,000,000.

(b) There is authorized to be appropriated for new career training assistance under section 12 of this Act not to exceed $1,500,000.

(c) There is authorized to be appropriated to the Board to carry out its administrative expenses under this Act not to exceed $750,000.

(d) Amounts appropriated under this section are authorized to remain available until expended.

OBLIGATION GUARANTEES

Sec. 15. // 45 USC 914. // (a) The Secretary of Transportation, under the authority of section 511 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 831), shall guarantee obligations of the Milwaukee Railroad for purposes of providing employee protection in accordance with the terms of the employee protection agreement entered into under section 9 of this Act. Guarantees under this section shall be entered into without regard to the requirements of subsection (g) of section 511 of the Railroad Revitalization and Regulatory Reform Act of 1976. // 45 USC 831. //

(b) Any obligation guaranteed pursuant to this section shall be treated as an administrative expense of the estate of the Milwaukee Railroad.

(c) The aggregate unpaid principal amount of obligations which may be guaranteed by the Secretary pursuant to this section shall not exceed $75,000,000.

(d) The total liability of the Milwaukee Railroad in connection with benefits and allowances provided under an employee protection agreement entered into under section 9 of this Act shall not exceed $75,000,000.

(e) Except in connection with obligations guaranteed under this section, the United States shall incur no liability in connection with any employee protection agreement entered into under section 9 of this Act.

(f) Section 516 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 836) shall not apply to any obligation guaranteed under this section.

TRANSACTION ASSISTANCE

Sec. 16. Section 505 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 825) is amended by adding at the end thereof the following new subsection:

"(f) Rehabiltation for Common Carrier Service.--(1) Notwithstanding subsections (a) through (e) of this section (other than subsection (d)( 3)), the Secretary shall immediately purchase redeemable preference shares or trustee certificates convertible to redeemable preference share under this section as necessary to facilitate the rehabilitation and improvement of Milwaukee Railroad property that has been sold or transferred to another person or retained by the restructured Milwaukee Railroad and that will be used for common carrier rail service.

"(2) The Secretary may not take any action under this subsection--,

"(A) prior to (i) the occurrence of an event described in section 22(b) of the Milwaukee Railroad Restructuring Act, or (ii) April 1, 1980, whichever first occurs; or

"(B) after April 1, 1981.

"(3) Funds received from purchases by the Secretary pursuant to this subsection may not be used for the rehabilitation and improvement of any line of railroad which carried less than an average of 3,000,000 gross tons of freight per mile per year during the previous three-year period.

"(g) Limitation.--Not more than 50 percent of the funds made available at any time for the purchase of redeemable preference shares and trustee certificates under this section may be used for the rehabilitation and imporovement of the facilities of any single railroad undergoing restructuring.".

COURT APPROVED ABANDONMENTS AND SALES IN PENDING

CASES

Sec. 17. // 45 USC 915. // (a) Notwithstanding any other provision of law, in any case pending under section 77 of the Bankruptcy Act. // 92 Stat. 2641. 11 USC 1161. // on the date of enactment of this Act, the court may authorize the abandonment of lines of railroad pursuant to section 1170 of title 11 of the United States Code. // 92 Stat. 2643. // Pending the expiration of the time for appeal of an abandonment order or the determination of any such appeal, the court may authorize the termination of service on a line to be abandoned, and the order authorizing such termination may not be stayed. In authorizing any abandonment pursuant to this section, the court shall require the carrier to provide a fair arrangement at least as protective of the interests of employees as that required under section 11347 of title 49 of the United States Code. // 92 Stat. 1439. //

(b)(1) Notwithstanding any other provision of law, in any case pending under section 77 of the Bankruptcy Act // 92 Stat. 2641. // on the date of enactment of this Act, // 11 USC 1161 // the court may authorize the sale or transfer of a line of railroad to be used in continued rail operations, subject to the approval of the Commission under paragraph (2) of this subsection, if the application with respect to such sale or transfer is filed with the Commission on or after November 1, 1979. In authorizing any such sale or transfer, the court shall provide a fair arrangement at least as protective of the interests of employees as that required under section 11347 of title 49, United States Code.

(2) The court described in paragraph (1) may not authorize a sale or transfer pursuant to such paragraph unless an appropriate application with respect to such sale or transfer is initiated with the Commission and, within such time as the court may fix, not exceeding 180 days, the Commission, with or without a hearing, as the Commission may determine, and with or without modification or condition, approves such application, or does not act on such application. Any action or order of the Commission approving, modifying, conditioning, or disapproving such application is subject to review by the court only under sections 706(2)(A), 706(2)(B), 706(2)(C), and 706(2)(D) of title 5 of the United States Code.

(3) Pending review of an application by the Commission pursuant to paragraph (2) of this subsection, the court described in paragraph (1) may, on a preliminary basis, authorize the sale or transfer proposed in such application. The court may permit the purchasing carrier to operate interim service over the lines to be purchased, and in operating such service it shall use employees of the carrier subject to the bankruptcy proceeding to the extent such purchasing carrier deems necessary for the operation of such service.

(c) Any action or order of the Commission approving, modifying, conditioning, or disapproving an application for the sale or transfer of rail property that is filed with the Commission before November 1, 1979, in connection with a case pending under section 77 of the Bankruptcy Act on the date of enactment of this Act--,

(1) is subject to review by the court only under sections 706( 2)(A), 706(2)(B), 706(2)(C), and 706(2)(D) of title 5 of the United States Code; and

(2) may not be stayed by the Commission.

(d) The authority of the bankruptcy court to authorize abandonments, sales, and transfers of lines of the Milwaukee Railroad shall be governed by the provisions of section 5 of this Act, rather than the provisions of this section.

(e) Nothing in this section shall be deemed to affect the priorities or timing of payment of employee protection which might have existed in the absence of this Act.

DIRECTED SERVICE

Sec. 18. // 45 USC 916. // Until April 1, 1981, the provisions of this Act shall be in lieu of any directed service on any line of the Milwaukee Railroad under section 11125 of title 49 of the United States Code. // 92 Stat. 1423. //

APPLICABILITY OF NEPA

Sec. 19. // 45 USC 917. // The provisions of the National Environmental Policy Act // 42 USC 4321 // shall not apply to transactions carried out pursuant to this Act.

AUTHORITY OF THE RAILROAD RETIREMENT BOARD

Sec. 20. // 45 USC 918. // (a) The Board may prescribe such regulations as may be necessary to carry out its duties under this Act.

(b) In carrying out its duties under this Act, the Board may exercise such of the powers, duties, and remedies provided in subsections (a), (b), and (d) of section 12 of the Railroad Unemployment Insurance Act // 45 USC 362. // as are not inconsistent with the provisions of this Act.

PUBLICATIONS AND REPORTS

Sec. 21. // 45 USC 919. // (a) Within 30 days after the date of enactment of this Act, the Board shall publish, and make available for distribution by the Milwaukee Railroad to all its employees, a document which describes in detail the rights of such employees under sections 8, 9, 10, 11, and 12 of this Act.

(b) During the 2-year period beginning on the date of enactment of this Act, the Board shall submit a report to the Congress every 6 months describing its activities under this Act.

CONTINUATION OF SERVICE

Sec. 22. // 45 USC 920. // (a) Unitl the occurrence of an event described in subsection (b) of this section, the Milwaukee Railroad (1) shall maintain its entire railroad system, as it existed on October 15, 1979, (2) shall continue no less than the regular level of service provided by it as of that date, and (3) shall not embargo traffic (other than when necessitated by acts of God or safety requirements) or abandon or discontinue service over any part of its railroad system.

(b) The Milwaukee Railroad shall comply with the requirements of subsection (a) of this section until--,

(1) an employee or employee-shipper ownership plan is not submitted to the Interstate Commerce Commission within the time period prescribed under section 6(a) of this Act;

(2) the proposed plan is found by the Commission not to be feasible or the Commission does not act within 30 days;

(3) the proposed plan is found by the bankruptcy court not to be fair and equitable to the estate of the Milwaukee Railroad; or

(4) the plan is not implemented within the time period prescribed under section 6(c) of this Act.

AMENDMENT TO THE REGIONAL RAIL REORGANIZATION ACT

OF 1973

Sec. 23. Section 211(d) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 721(d)) is amended by striking out paragraph (2) and the sentence following that paragraph and inserting in lieu thereof the following:

"(2) increase the principal amount of such loan to such railroad, in an amount not to exceed $4,000,000, only if the Association makes the finding referred to in paragraph (1)(B) of this subsection and determines that such railroad is making a good faith effort to establish an employee stock ownership plan for review and approval by the Association. Any such approval shall be conditioned upon a written commitment that by December 31, 1980, the railroad will adopt an employee stock ownership plan which will acquire qualifying employer securities with a fair market value of $250,000.

The Association may not take any action pursuant to the preceding sentence of this subsection after December 31, 1980.".

REHABILITATION AND IMPROVEMENT FINANCING

Sec. 24. (a) Section 505(b)(2) of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 825(b)(2)) is amended--,

(1) by inserting immediately after the comma at the end of clause (A) thereof the following: "except that if the Secretary determines, pursuant to clause (C) of this paragraph, that significant railroad restructuring will result from the project, the Secretary shall not consider the availability of funds from other sources but instead shall consider whether such restructuring benefits would be likely to be achieved if assistance were not provided,"; and

(2) by amending clause (C) thereof to read as follows: "(C) the public benefits, including any significant railroad restructuring, to be realized from the project to be financed in relation to the public costs of such financing and whether the proposed project will return public benefits sufficient to justify such public costs.".

(b) Section 501 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 821) is amended--,

(1) by striking out "and" at the end of paragraph (6);

(2) by striking out the period at the end of paragraph (7) and inserting in lieu thereof "; and"; and

(3) by adding at the end thereof the following new paragraph:

"(8) restructuring' means any activity (including a consolidation, coordination, merger, or abandonment) which (A) involves rehabilitation or improvement of a facility or the transfer of a facility, (B) improves the long-term profitability of any railroad, and (C) results in the enhancement of the national rail freight system through the achievement of higher average traffic densities or improved asset utilization.".

OFFICE OF RAIL PUBLIC COUNSEL

Sec. 25. // 45 USC 921. // The Office of Rail Public Counsel may appear and be heard in the case in the bankruptcy court involving the reorganization of the Milwaukee Railroad, for purposes of representing affected shippers, localities, and municipalities with respect to the proposed abandonment of any line of the Milwaukee Railroad.

EMPLOYEE STOCK OWNERSHIP PLAN FOR SURVIVING PORTION

OF

MILWAUKEE RAILROAD

Sec. 26. // 45 USC 922. // If an event described in section 22(b) of this Act occurs. resulting in the survival of less than the entire Milwaukee Railroad system, then any relief provided for such surviving Milwaukee Railroad system under the Emergency Rail Services Act of 1970 // 45 USC 661 // or any other Federal legislation shall be conditioned upon good faith efforts by the trustee or the Milwaukee Railroad, or both, to establish an employee stock ownership plan which shall embrace the purchase or acquisition of qualifying employer securities of the Milwaukee Railroad equal in value to 25 per centum of the amount of such relief provided.

Approved November 4, 1979.

LEGISLATIVE HISTORY:

HOUSE REPORTS: No. 96 - 225 accompanying H.J. Res. 341 (Comm. on Interstate and Foreign Commerce) and No. 96 - 583 (Comm. of Conference).

CONGRESSIONAL RECORD, Vol. 125 (1979):

Oct. 30, considered and passed Senate.

Oct. 30, H. J. Res. 341 considered and passed House; passage vacated and s. 1905, amended, passed in lieu.

Nov. 2, House and Senate agreed to conference report.

PUBLIC LAW 96-100, 93 STAT. 733, INTELLIGENCE AND INTELLIGENCE- RELATED ACTIVITIES AUTHORIZATION ACT FOR FISCAL YEAR 1980.

96 TH CONGRESS, S. 975 NOVEMBER 2, 1979 An Act To authorize appropriations for fiscal year 1980 for

intelligence and intelligence-

related activities of the United States Government,

for the Intelligence Community

Staff, and for the Central Intelligence Agency

Retirement and Disability

System, to authorize supplemental appropriations for

fiscal year 1979 for the

intelligence and intelligence-related activities of the

United States Government,

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 " Intelligence and Intelligence-Related Activities Authorization Act for Fiscal Year 1980".

TITLE I-INTELLIGENCE ACTIVITIES

SEC. 101. (a) Funds are hereby authorized to be appropriated for fiscal year 1980 for the conduct of the intelligence and intelligence- related activities of the following departments, agencies, and other elements of the United States Government:

(1) The Central Intelligence Agency.

(2) The Department of Defense.

(3) The Defense Intelligence Agency.

(4) The National Security Agency.

(5) The Department of the Army, the Department of the Navy, and the Department of the Air Force.

(6) The Department of State.

(7) The Department of the Treasury.

(8) The Department of Energy.

(9) The Federal of Bureau of Investigation.

(10) The Drug Enforcement Administration.

(b) The amounts authorized to be appropriated under this Act, and the authorized personnel ceilings as of September 30, 1980, for the conduct of the intelligence and intelligence-related activities of the agencies listed in subsection (a) are those listed in the classified Schedule of Authorizations prepared by the committee of conference to accompany the conference report on the bill S. 975, 96th Congress. That Schedule of Authorizations shall be made available to the Committees on Appropriations of the Senate and House of Representatives and to the President. The President shall provide for suitable distribution of the Schedule, or of appropriate portions of the Schedule, within the executive branch.

(c) Nothing contained in this Act shall be deemed to constitute authority for the conduct of any intelligence activity which is not otherwise authorized by the Constitution or laws of the United States.

(d) In addition to the amounts authorized to be appropriated under subsection (a)(9), there is authorized to be appropriated for fiscal year 1980 the sum of $12,100,000 for the conduct of the activities of the Federal Bureau of Investigation to counter terrorism in the United States.

TITLE II-- INTELLIGENCE COMMUNITY STAFF

SEC. 201. (a) There is authorized to be appropriated for the Intelligence Community Staff for fiscal year 1980 the sum of $11,500,000.

(b)(1) The Intelligence Community Staff is authorized 245 full-time personnel as of September 30, 1980. Such personnel may be permanent employees of the Intelligence Community Staff or personnel detailed from other elements of the United States Government.

(2) During fiscal year 1980, personnel of the Intelligence Community Staff shall be selected so as to provide appropriate representation from elements of the United States Government engaged in intelligence and intelligence-related activities.

(3) During fiscal year 1980, any officer or employee of the United States or member of the Armed Forces who is detailed to the Intelligence Community Staff from another element of the United States Government shall be detailed on a reimbursable basis, except that any such officer, employee, or member may be detailed on a nonreimbursable basis for a period of less than one year for the performance of temporary functions as required by the Director of Central Intelligence.

(c) During fiscal year 1980, activities and personnel of the Intelligence Community Staff shall be subject to the provisions of the National Security Act of 1947 (50 U.S.C. 401 et seq.) and the Central Intelligence Agency Act of 1949 (50 U.S.C. 403a-403j) in the same manner as activities and personnel of the the Central Intelligence Agency.

SEC. 202. Effective October 1, 1979, section 201 of the Intelligence and Intelligence-Related Activities Authorization Act for Fiscal Year 1979 (Public Law 95 - 370; 92 Stat. 626) is amended--

(1) by striking out the third sentence of subsection (b); and

(2) by striking out subsection (c).

TITLE III-- CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

SEC. 301. There is authorized to be appropriated for the Central Intelligence Agency Retirement and Disability Fund for fiscal year 1980 the sum of $51,600,000.

TITLE IV-- SUPPLEMENTAL AUTHORIZATION, FISCAL YEAR 1979

SEC. 401. In addition to the funds authorized to be appropriated under title I of the Intelligence and Intelligence-Related Activities Authorization Act for Fiscal Year 1979 (Public Law 95 - 370; 92 Stat. 626), funds are hereby authorized to be appropriated for fiscal year 1979 for the conduct of intelligence and intelligence-related activities of the United States Government in the amounts listed in the classified Schedule of Authorizations described in section 101(b).

TITLE v--TECHNICAL PROVISIONS

SEC. 501. Appropriations authorizeed by this Act for salary, pay, retirement, and other benefits for Federal employees may be increased by such additional or supplemental amounts as may be necessary for increases in such benefits authorized by law.

SEC. 502. Section 5924(4)(B) of title 5, United States Code, relating to payment of travel expenses to and from schools in the United States of dependents of certain employees serving overseas, is amended by striking out "or the United States Information Agency," and inserting in lieu thereof the following: ", the International Communication Agency, the Central Intelligence Agency, or the National Security Agency,".

Approved November 2, 1979.

LEGISLATIVE HISTORY:

HOUSE REPORTS: No. 96 - 127, pt. 1, accompanying H.R. 3821 (Comm. on Intelligence), No. 96 - 127, pt. 2, accompanying H.R. 3821 (Comm. on Armed Services) and No. 96 - 512 (Comm. of Conference).

SENATE REPORTS: No. 96 - 71 (Comm. on Intelligence) and No. 96 - 206 (Comm. on Armed Services).

CONGRESSIONAL RECORD, Vol. 125 (1979):

June 20, considered and passed Senate.

July 9, 10, H.R. 3821 considered and passed House; passage vacated and S. 975, amended, passed in lieu.

Oct. 17, Senate agreed to conference report.

Oct. 24, House agreed to conference report.

PUBLIC LAW 96-99, 93 STAT. 732

96 TH CONGRESS, H.J. RES. 3 NOVEMBER 2, 1979
Joint Resolution Designating November 4, 1979, as " Will Rogers Day".

Whereas Will Rogers, in a lifetime of wise and humorous commentary on events in this Nation and throughout the world, made a tremendous contribution to human betterment through his gentle yet penetrating wisdom;

Whereas from Cherokee Indian and European ancestry, born on an Indian territory farm, he was a true product of the frontier civilization of our Great Plains as well as its unique combination in Oklahoma;

Whereas he became world famous as rodeo performer, Broadway entertainer, movie and radio star, and above all as daily columnist for some three hundred and fifty newspapers throughout the United States;

Whereas he became Oklahoma's best known native son and the most celebrated private citizen of the United States in his lifetime;

Whereas Will Rogers possessed the priceless gift of being able to judge people and events both kindly and keenly, personifying affection for his fellow man;

Whereas he improved the standard of public life throughout America by his witty and constructive commentary, making this a better place in which to live; and

Whereas the approaching one hundredth anniversary of his birth is a fitting occasion to dedicate ourselves to a rebirth of the goodwill and public spirit he exemplified: Now, therefore, be it

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the President is authorized and requested to designate November 4, 1979, as " Will Rogers Day" in commemoration of the one hundredth anniversary of the birth of William Penn Adair Rogers, noted American philosopher-humorist.

Approved November 2, 1979.

LEGISLATIVE HISTORY:

CONGRESSIONAL RECORD Vol. 125 (1979):

Oct. 25, considered and passed House.

Oct 31, considered and passed Senate.

PUBLIC LAW 96-98, 93 STAT. 731

96 TH CONGRESS, H.R. 3923 NOVEMBER 1, 1979
An Act To amend chapter 25 of title 44, United States Code,

to extend for one year the

authorization of appropriations for the National

Historical Publications and Records

Commission, 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 2504(b) of title 44, United States Code is amended by striking out " June 30, 1975, and for each of the four succeeding fiscal years" and inserting in lieu thereof " September 30, 1981," and by striking out "for each year".

Sec. 2. (a) Effective October 1, 1979, section 2503 of title 44, United States Code, is amended by striking out "instead of subsistence" and everything that follows through the end of such section and inserting in lieu thereof "a per diem allowance in lieu of subsistence, as authorized by section 5703 of title 5, United States Code, for individuals in the Government serving without pay.".

(b) Section 2501 of title 44, United States Code is amended by inserting "and Records" immediately after " Historical Publications".

Approved November 1, 1979.

LEGISLATIVE HISTORY:

HOUSE REPORT No. 96 - 141 (Comm. on Government Operations).

SENATE REPORT No. 96 - 283 (Comm. on Governmental Affairs).

CONGRESSIONAL RECORD, Vol. 125 (1979):

May 21, considered and passed House.

Sept. 25, considered and passed Senate, amended.

Oct. 19, House concurred in Senate amendments.

PUBLIC LAW 96-97, 93 STAT. 730

96 TH CONGRESS, S. 436 OCTOBER 31, 1979
An Act To amend section 15(d) of the Tennessee Valley

Authority Act of 1933 to increase

the amount of debt which may be incurred by the

Tennessee Valley Authority.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the first sentence of subsection (a) of section 15(d) of the Tennessee Valley Authority Act of 1933, as amended (16 U.S.C. 831n-4), is amended by striking out "$15,000,000,000" and inserting in lieu thereof "$30,000,000,000".

Approved October 31, 1979.

LEGISLATIVE HISTORY:

HOUSE REPORT No. 96 - 491 accompanying H.R. 2686 (Comm. on Public Works and Transportation).

SENATE REPORT No. 96 - 175 (Comm. on Environment and Public Works).

CONGRESSIONAL RECORD, Vol. 125 (1979):

June 20, considered and passed Senate.

Oct. 22, H.R. 2686 considered and passed House; passage vacated and S. 436 passed in lieu.

PUBLIC LAW 96-96, 93 STAT. 729

96 TH CONGRESS, H.R. 5386 OCTOBER 31, 1979
An Act To amend the Higher Education Act of 1965 to provide

that any reduction in the

amount appropriated for fiscal year 1979 pursuant to

section 101(a) of such Act

from the amount so appropriated for fiscal year 1979

shall be borne equally by all

the States.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 103 of the Higher Education Act of 1965 is amended--

(1) by inserting "(a)(1)" after " SEC. 103"; and

(2) by adding after paragraph (1) of subsection (a) (as so redesignated) the following new paragraph:

"(2) From the sums appropriated pursuant to section 101(a) for fiscal year 1980 which are not reserved under section 106(a) or section 111(a), the Commissioner shall allot to each State an amount equal to the product of--

"(A) the amount of such State's allotment under paragraph (1) for fiscal year 1979; and "(B) a fraction, the numerator of which is the amount appropriated pursuant to section 101(a) for fiscal year 1980 (less any amount reserved under section 106(a) or section 111(a)) and the denominator of which is the amount appropriated pursuant to section 101(a) for fiscal year 1979 (less any amount reserved under section 106(a) or section 111( a)).".

SEC. 2. No fiscal year 1979 funds may be withheld from a State under subpart 3 of part A of title IV of the Higher Education Act of 1965 because of a failure of a State to meet the requirement of section 415 C(b)(4) of that Act based upon the provisions of a State statue enacted prior to October 1, 1978.

Approved October 31, 1979.

LEGISLATIVE HISTORY:

HOUSE REPORT No. 96 - 497 (Comm. on Education and Labor).

CONGRESSIONAL RECORD, Vol. 125 (1979):

Oct. 15, considered and passed House.

Oct. 18, considered and passed Senate, amended.

Oct. 19, House concurred in Senate amendment.

PUBLIC LAW 96-95, 93 STAT. 721, ARCHAEOLOGICAL RESOURCES PROTECTION ACT OF 1979

96 TH CONGRESS, H.R. 1825 OCTOBER 31, 1979
An Act To protect archaeological resources on public lands and

Indian lands, and for other

purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SHORT TITLE

Section 1. This Act // 16 USC 470aa // may be cited as the " Archaeological Resources Protection Act of 1979".

FINDINGS AND PURPOSE

Sec. 2. // 16 USC 470 aa. // (a) The Congress finds that--

(1) archaeological resources on public lands and Indian lands are an accessible and irreplaceable part of the Nation's heritage;

(2) these resources are increasingly endangered because of their commercial attractiveness;

(3) existing Federal laws do not provide adequate protection to prevent the loss and destruction of these archaeological resources and sites resulting from uncontrolled excavations and pillage; and

(4) there is a wealth of archaeological information which has been legally obtained by private individuals for noncommercial purposes and which could voluntarily be made available to professional archaeologists and institutions.

(b) The purpose of this Act is to secure, for the present and future benefit of the American people, the protection of archaeological resources and sites which are on public lands and Indian lands, and to foster increased cooperation and exchange of information between governmental authorities, the professional archaeological community, and private individuals having collections of archaeological resources and data which were obtained before the date of the enactment of ths Act.

DEFINITIONS

Sec. 3. // 16 USC 470bb. // As used in this Act--,

(1) The term "archaeological resource" means any material remains of past human life or activities which are of archaeological interest, as determined under uniform regulations promulgated pursuant to this Act. Such regulations containing such determination shall include, but not be limited to: pottery, basketry, bottles, weapons, weapon projectiles, tools, structures or portions of structures, pit houses, rock paintings, rock carvings, intaglios, graves, human skeletal materials, or any portion or piece of any of the foregoing items. Nonfossilized and fossilized paleontological specimens, or any portion or piece thereof, shall not be considered archaeological resources, under the regulations under this paragraph, unless found in an archaeological

context. Noitem shall be treated as an archaeological resource under regulations under this paragraph unless such item is at least 100 years of age.

(2) The term " Federal land manager" menas, with respect to any public lands, the Secretary of the department, or the head of any other agency or instrumentality of the United States, having primary management authority over such lands. In the case of any public lands or Indian lands with respect to which no department, agency, or instrumentality has primary management authority, such term means the Secretary of the Interior. If the Secretary of the Interior consents, the responsibilities (in whole or in part) under this Act of the Secretary of any department (other than the Department of the Interior) or the head of any other agency or instrumentality may be delegated to the Secretary of the Interior with respect to any land managed by such other Secretary or agency head, and in any such case, the term " Federal land manager" means the Secretary of the Interior.

(3) The term "public lands" means--

(A) lands which are owned and administered by the United States as part of--, (i) the national park system, (ii) the national wildlife refuge system, or (iii) the national forest system; and (B) all other lands the fee title to which is held by the United States, other than lands on the Outer

Continental

Shelf and lands which are under the jurisdiction of the

Smithsonian Institution;

(4) The term " Indian lands" means lands of Indian tribes, or Indian individuals, which are either held in trust by the United States or subject to a restriction against alienation imposed by the United States, except for any subsurface interests in lands not owned or controlled by an Indian tribe or an Indian individual.

(5) The term " Indian tribe" means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in, or established pursuant to, the Alaska Native Claims Settlement Act (85 Stat. 688).

// 43 USC 1601 //

(6) The term "person" means an individual, corporation, partnership, trust, institution, association, or any other private entity or any officer, employee, agent, department, or instrumentality of the United States, of any Indian tribe, or of any State or political subdivision thereof.

(7) The term " State" means any of the fifty States, the District of Columbia, Puerto Rico, Guam, and the Virgin Islands.

EXCAVATION AND REMOVAL

Sec. 4. // 16 USC 470cc. // (a) Any person may apply to the Federal land manager for a permit to excavate or remove any archaeological resource located on public lands or Indian lands and to carry out activities associated with such excavation or removal. The application shall be required, under uniform regulations under this Act, to contain such information as the Federal land manager deems necessary, including information concerning the time, scope, and location and specific purpose of the proposed work.

(b) A permit may be issued pursuant to an application under subsection (a) if the Federal land manager determines, pursuant to uniform regulations under this Act, that--,

(1) the applicant is qualified, to carry out the permitted activity,

(2) the activity is undertaken for the purpose of furthering archaeological knowledge in the public interest,

(3) the archaeological resources which are excavated or removed from public lands will remain the property of the United States, and such resources and copies of associated archaeological records and data will be preserved by a suitable university, museum, or other scientific or educational institution, and

(4) the activity pursuant to such permit is not inconsistent with any management plan applicable to the public lands concerned.

(c) If a permit issued under this section may result in harm to, or destruction of, any religious or cultural site, as determined by the Federal land manager, before issuing such permit, the Federal land manager shall notify any Indian tribe which may consider the site as having religious or cultural importance. Such notice shall not be deemed a disclosure to the public for purposes of section 9.

(d) Any permit under this section shall contain such terms and conditions, pursuant to uniform regulations promulgated under this Act, as the Federal land manager concerned deems necessary to carry out the purposes of this Act.

(e) Each permit under this section shall identify the individual who shall be responsible for carrying out the terms and conditions of the permit and for otherwise complying with this Act and other law applicable to the permitted activity.

(f) Any permit issued under this section may be suspended by the Federal land manager upon his determination that the permittee has violated any provision of subsection (a), (b), or (c) of section 6. Any such permit may be revoked by such Federal land manager upon assessment of a civil penalty under section 7 against the permittee or upon the permittee's conviction under section 6.

(g)(1) No permit shall be required under this section or under the Act of June 8, 1906 (16 U.S.C. 431), for the excavation or removal by any Indian tribe or member thereof of any archaeological resource located on Indian lands of such Indian tribe, except that in the absence of tribal law regulating the excavation or removal of archaeological resources on Indian lands, an individual tribal member shall be required to obtain a permit under this section.

(2) In the case of any permits for the excavation or removal of any archaelogical resource located on Indian lands, the permit may be granted only after obtaining the consent of the Indian or Indian tribe owning or having jurisdiction over such lands. The permit shall include such terms and conditions as may be requested by such Indian or Indian tribe.

(h)(1) No permit or other permission shall be required under the Act of June 8, 1906 (16 U.S.C. 431 - 433), for any activity for which a permit is issued under this section.

(2) Any permit issued under the Act of June 8, 1906, shall remain in effect according to its terms and conditions following the enactment of this Act. No permit under this Act shall be required to carry out any activity under a permit issued under the Act of June 8, 1906, before the date of the enactment of this Act which remains in effect as provided in this paragraph, and nothing in this Act shall modify or affect any such permit.

(i) Issuance of a permit in accordance with this section and applicable regulations shall not require compliance with section 106 of the Act of October 15, 1966 (80 Stat. 917, 16 U.S.C. 470f).

(j) Upon the written request of the Governor of any State, the Federal land manager shall issue a permit, subject to the provisions of subsections (b)(3), (b)(4), (c), (e), (f), (g), (h), and (i) of this section for the purpose of conducting archaeological research, excavation, removal, and curation, on behalf of the State or its educational institutions, to such Governor or to such designee as the Governor deems qualified to carry out the intent of this Act.

CUSTODY OF RESOURCES

Sec. 5. // 16 USC 470dd. The Secretary of the Interior may promulgate regulations providing for--,

(1) the exchange, where appropriate, between suitable universities, museums, or other scientific or educational institutions, of archaeological resources removed from public lands and Indian lands pursuant to this Act, and

(2) the ultimate disposition of such resources and other resources removed pursuant to the Act of June 27, 1960 (16 U.S.C. 469 - 469c) or the Act of June 8, 1906 (16 U.S.C. 431 - 433).

any exchange or ultimate disposition under such regulation of archaeological resources excavated or removed from Indian lands shall be subject to the consent of the Indian or Indian tribe which owns or has jurisdiction over such lands. Following promulgation of regulations under this section, notwithstanding any other provision of law, such regulation shall govern the disposition of archaeological resources removed from public lands and Indian lands pursuant to this Act.

PROHIBITED ACTS AND CRIMINAL PENALTIES

Sec. 6. // 16 USC 470ee. // (a) No person may excavate, remove, damage, or otherwise alter or deface any archaeological resource located on public lands or Indian lands unless such activity is pursuant to apermit issued under section 4, a permit referred to in section 4(h)(2), or the exemption contained in section 4(g)(1).

(b) No person may sell, purchase, exchange, transport, receive, or offer to sell, purchase, or exchange any archaeological resource if such resource was excavated or removed from public lands or Indian lands in violation of--,

(1) the prohibition contained in subsection (a), or

(2) any provision, rule, regulation, ordinance, or permit in effect under any other provision of Federal law.

(c) no person may sell, purchase, exchange, transport, receive, or offer to sell, purchase, or exchange, in interstate or foreign commerce, any archaeological resource excavated, removed, sold, purchased, exchanged, transported, or received in violation of any provision, rule, regulation, ordinance, or permit in effect under State or local law.

(d) Any person who knowingly violates, or counsels, procures, solicits, or employs any other person to violate, any prohibition contained in subsection (a), (b), or (c) of this section shall, upon conviction, be fined not more than $10,000 or imprisoned not more than one year, or both: Provided, however, That if the commercial or archaeological value of the archaeological resources involved and the cost of restoration and repair of such resources exceeds the sum of $5,000, such person shall be fined not more than $20,000 or imprisoned not more than two years, or both. In the case of a second or subsequent such violation upon conviction such person shall be fined not more than $100,000, or imprisoned not more than five years, or both.

(e) The prohibitions contained in this section shall take effect on the date of the enactment of this Act.

(f) Nothing in subsection (b)(1) of this section shall be deemed applicable to any person with respect to an archaeological resource which was in the lawful possession of such person prior to the date of the enactment of this Act.

(g) Nothing in subsection (d) of this section shall be deemed applicable to any person with respect to the removal of arrowheads located on the surface of the ground.

CIVIL PENALTIES

Sec. 7. // 16 USC 47off. // (a)(1) Any person who violates any prohibition contained in an applicable regulation or permit issued under this Act may be assessed a civil penalty by the Federal land manager concerned. No penalty may be assessed under this subsection unless such person is given notice and opportunity for a hearing with respect to such violation. Each violation shall be a separate offense. Any such civil penalty may be remitted or mitigated by the Federal land manager concerned.

(2) The amount of such penalty shall be determined under regulations promulgated pursuant to this Act, taking into account, in addition to other factors--,

(A) the archaeological or commercial value of the archaeological resource involved, and

(B) the cost of restoration and repair of the resource and the archaeological site involved.

Such regulations shall provide that, in the case of a second or subsequent violation by any person, the amount of such civil penalty may be double the amount which would have been assessed if such violation were the first violation by such person. The amount of any penalty assessed under this subsection for any violation shall not exceed an amount equal to double the cost of restoration and repair of resources and archaeological sites damaged and double the fair market value of resources destroyed or not recovered.

(3) No penalty shall be assessed under this section for the removal of arrowheads located on the surface of the ground.

(b)(1) Any person aggrieved by an order assessing a civil penalty under subsection (a) may file a petition for judicial review of such order with the United States District Court for the District of Columbia or for any other district in which such a person resides or transacts business. Such a petition may only be filed within the 30-day period beginning on the date the order making such assessment was issued. The court shall hear such action on the record made before the Federal land manager and shall sustain his action if it is supported by substantial evidence on the record considered as a whole.

(2) If any person fails to pay an assessment of a civil penalty--,

(A) after the order making the assessment has become a final order and such person has not filed a petition for judicial review of the order in accordance with paragraph (1), or

(B) after a court in an action brought under paragraph (1) has entered a final judgment upholding the assessment of a civil penalty,

the Federal land managers may request the Attorney General to institute a civil action in a district court of the United States for any district in which such person is found, resides, or transacts business to collect the penalty and such court shall have jurisdiction to hear and decide any such action. In such action, the validity and amount of such penalty shall not be subject to review.

(c) Hearings held during proceedings for the assessment of civil penalties authorized by subsection (a) shall be conducted in accordance with section 554 of title 5 of the United States Code. The Federal land manager may issue subpenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents, and administer oaths. Witnesses summoned shall be paid the same fees and mileage that are paid to witnesses in the courts of the United States. In case of contumacy or refusal to obey a subpena served upon any person pursuant to this paragraph, the district court of the United States for any district in which such person is found or resides or transacts business, upon application by the United States and after notice to such person, shall have jurisdiction to issue an order requiring such person to appear and give testimony before the Federal land manager or to appear and produce documents before the Federal land manager, or both, and any failure to obey such order of the court may be punished by such court as a contempt thereof.

REWARDS; FORFEITURE

Sec. 8. // 16 USC 470gg. // (a) Upon the certification of the Federal land manager concerned, the Secretary of the Treasury is directed to pay from penalties and fines collected under sections 6 and 7 an amount equal to one-half of such penalty or fine, but not to exceed $500, to any person who furnishes information which leads to the finding of a civil violation, or the conviction of criminal violation, with respect to which such penalty or fine was paid. If several persons provided such information, such amount shall be divided among such persons. No officer or employee of the United States or of any State or local government who furnishes information or renders service in the performance of his official duties shall be eligible for payment under this subsection.

(b) All archaeological resources with respect to which a violation of subsection (a), (b), or (c) of section 6 occurred and which are in the possession of any person, and all vehicles and equipment of any person which were used in connection with such violation, may be (in the discretion of the court or administrative law judge, as the case may be) subject to forfeiture to the United States upon--,

(1) such person's conviction of such violation under section 6,

(2) assessment of a civil penalty against such person under section 7 with respect to such violation, or

(3) a determination by any court that such archaeological resources, vehicles, or equipment were involvd in such violation.

(c) In cases in which a violation of the prohibition contained in subsection (a), (b), or (c) of section 6 involve archaeological resources excavated or removed from Indian lands, the Federal land manager or the court, as the case may be, shall provide for the payment to the Indian or Indian tribe involved of all penalties collected pursuant to section 7 and for the transfer to such Indian or Indian tribe of all items forfeited under this section.

CONFIDENTIALITY

Sec. 9. // 16 USC 470hh. // (a) Information concerning the nature and location of any archaeological resource for which the excavation or removal requires a permit or other permission under this Act or under any other provision of Federal law may not be made available to the public under subchapter II of chapter 5 of title 5 of the United States Code // 5 USC 551. // or under any other provision of law unless the Federal land manager concerned determines that such disclosure would--,

(1) further the purposes of this Act or the Act of June 27, 1960 (16 US.C. 469 - 469c), and

(2) not create a risk of harm to such resources or to the site at which such resources are located.

(b) Notwithstanding the provisions of subsection (a), upon the written request of the Governor of any State, which request shall state--,

(1) the specific site or area for which information is sought,

(2) the purpose for which such information is sought,

(3) a commitment by the Governor to adequately protect the confidentiality of such information to protect the resource from commercial exploitation,

the Federal land manager concerned shall provide to the Governor information concerning the nature and location of archaeological resources within the State of the requesting Govenor.

REGULATIONS; INTERGOVERNMENTAL COORDINATION

Sec. 10. // 16 USC 470ii. // (a) The Secretaries of the Interior, Agriculture and Defense and the Chairman of the Board of the Tennessee Valley Authority, after consultation with other Federal land managers, Indian tribes, representatives of concerned State agencies, and after public notice and hearing, shall promulgate such uniform rules and regulations as may be appropriate to carry out the purposes of this Act. Such rules and regulations may be promulgated only after consideration of the provisions of the American Indian Religious Freedom Act (92 Stat. 469; 42 U.S.C. 1996). Each uniform rule or regulation promulgated under this Act shall be submitted on the same calendar day to the Committee on Energy and Natural Resources of the United States Senate and to the Committee on Interior and Insular Affairs of the United States House of Representatives, and no such uniform rule or regulation may take effect before the expiration of a period of ninety calendar days following the date of its submission to such Committees.

(b) Each Federal land manager shall promulgate such rules and regulations, consistent with the uniform rules and regulations under subsection (a), as may be appropriate for the carrying out of his functions and authorities under this Act.

COOPERATION WITH PRIVATE INDIVIDUALS

Sec. 11. // 16 USC 470jj. // The Secretary of the Interior shall take such action as may be necessary, consistent with the purposes of this Act, to foster and improve the communication, cooperation, and exchange of information between--,

(1) private individuals having collections of archaeological resources and data which were obtained before the date of the enactment of this Act, and

(2) Federal authorities responsible for the protection of archaeological resources on the public lands and Indian lands and professional archaeologists and associations of professional archaeologists.

In carrying out this section, the Secretary shall, to the extent practicable and consistent with the provisions of this Act, make efforts to expand the archaeological data base for the archaeological resources of the United States through increased cooperation between private individuals referred to in paragraph (1) and professional archaeologists and archaeological organizations.

SAVINGS PROVISIONS

Sec. 12. // 16 USC 470kk. // (a) Nothing in this Act shall be construed to repeal, modify, or impose additional restrictions on the activities permitted under existing laws and authorities relating to mining, mineral leasing, reclamation, and other multiple uses of the public lands.

(b) Nothing in this Act applies to, or requires a permit for, the collection for private purposes of any rock, coin, bullet, or mineral which is not an archaeological resource, as determined under uniform regulations promulgated under section 3(1).

(c) Nothing in this Act shall be construed to affect any land other than public land or Indian land or to affect the lawful recovery, collection, or sale of archaeological resources from land other than public land or Indian land.

REPORT

Sec. 13. // 16 USC 470ll. // As part of the annual report required to be submitted to the specified committees of the Congress pursuant to section 5(c) of the Act of June 27, 1960 (74 Stat. 220; 16 U.S.C. 469 - 469a), the Secretary of the Interior shall comprehensively report as a separate component on the activities carried out under the provisions of this Act, and he shall make such recommendations as he deems appropriate as to changes or improvements needed in the provisions of this Act. Such report shall include a brief summary of the actions undertaken by the Secretary under section 11 of this Act, relating to cooperation with private individuals.

Apprroved October 31, 1979.

LEGISLATIVE HISTORY:

HOUSE REPORT No. 96 - 311 (Comm. on Interior and Insular Affairs).

SENATE REPORT No. 96 - 179 accompanying S. 490 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 125 (1979):

July 9, considered and passed House.

July 30, considered and passed Senate, amended, in lieu of S. 490.

Oct. 12, House agreed to Senate amendments with an amendment.

Oct. 17, Senate concurred in House amendment.

PUBLIC LAW 96-94, 93 STAT. 720

13 96 TH CONGRESS, H.R. 5506 OCTOBER 31, 1979
An Act To amend the Energy Policy and Conservation Act to

extend for two months certain

authorities relating to the international energy

program.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subsection (j) of section 252 of the Energy Policy and Conservation Act (42 U.S.C. 6272( j)) is amended by striking out " October 31, 1979" and inserting in lieu thereof " November 30, 1979".

Approved October 31, 1979.

LEGISLATIVE HISTORY:

HOUSE REPORT No. 96 - 511 (Comm. on International and Foreign Commerce).

CONGRESSIONAL RECORD, Vol. 125 (1979):

Oct. 22, considered and passed House.

Oct. 31, considered and passed Senate, amended; House concurred in Senate amendment.

PUBLIC LAW 96-93, 93 STAT. 713, DISTRICT OF COLUMBIA APPROPRIATION ACT, 1980

96 TH CONGRESS, H.R. 4580 OCTOBER 30, 1979
An Act Making appropriations for the government of the District

of Columbia and other

activities chargeable in whole or in part against the

revenues of said District for

the fiscal year ending September 30, 1980, and for

other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the District of Columbia for the fiscal year ending September 30, 1980, and for other purposes, namely:

TITLE I--TEMPORARY COMMISSION ON FINANCIAL OVERSIGHT OF THE district OF COLUMBIA SALARIES AND EXPENSES

For salaries and expenses necessary to carry out the provisions of the Act creating the Temporary Commission on Financial Overrsight of the District of Columbia (Public Law 94 - 399), // D.C . Code 47 - 101 // $500,000, which shall be available until expended: Provided, That the Temporary Commission on Financial Oversight of the District of Columbia shall have the power to appoint, fix the compensation of, and remove an Executive Director and additional staff members without regard to chapter 51, subchapters III and VI of chapter 53, and chapter 75 of title 5, United States Code, // 5 USC 5101 5331 5361 7501 // and those provisions of such title relating to the appointment in the competitive service. For purposes of pay (other than pay of the Executive Director) and employment benefits, rights, and privileges, all personnel of the Commission shall be treated as Congressional employees. The Executive Director may be paid compensation at a rate not to exceed the rate prescribed for level IV of the Federal Executive Salary Schedule. // 44 FR 58678. 5 USC 5315. //

TITLE II-- DISTRICT OF COLUMBIA FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA

For payment to the District of Columbia for the fiscal year ending September 30, 1980, $238,200,000, as authorized by the District of Columbia Self-Government and Governmental Reorganization Act, Public Law 93 - 198, as amended (D.C. Code 47 - 2501d); and $10,500,000 in lieu of reimbursements for charges for water and water services and sanitary sewer services furnished to facilities of the United States Government as authorized by the Act of May 18, 1954, as amended (D.C. Code 43 - 1541 and 1611).

LOANS TO THE DISTRICT OF COLUMBIA FOR CAPITAL

OUTLAY

For loans to the District of Columbia, as authorized by the District of Columbia Self-Government and Governmental Reorganization Act, Public Law 93 - 198, as amended, $125,000,000, which together with balances of previous appropriations for this purpose, shall remain available until expended and be advanced upon request of the Mayor.

DIVISION OF EXPENSES

The following amounts are appropriated for the District of Columbia for the current fiscal year out of the general fund of the District of Columbia, except as otherwise specifically provided:

GOVERNMENTAL DIRECTION AND SUPPORT

Governmental direction and support, $63,456,900, of which $300,000 shall be payable from the revenue sharing trust fund: Provided, That not to exceed $2,500 for the Mayor, and $2,500 for the Chairman of the Council of the District of Columbia shall be available from this appropriation for expenditures for official purposes: Provided further, That for the purpose of assessing and reassessing real property in the District of Columbia, $5,000 of this appropriation shall be available for services as authorized by 5 U.S.C. 3109, but at rates for individuals not in excess of $100 per diem: Provided further, That not to exceed $7,500 of this appropriation shall be available for test borings and soil investigations: Provided further, That not to exceed $500,000 of this appropriation shall be available for settlement of property damage claims not in excess of $1,500 each and personal injury claims not in excess of $5,000 each: Provided further, That $500,000 of this appropriation, to remain available until expended, shall be for the District of Columbia's contribution toward the expenses of the Temporary Commission on Financial Oversight of the District of Columbia, as authorized by Public Law 94 - 399, // D.C. Code 47 - 101 // approved September 4, 1976.

ECONOMIC DEVELOPMENT AND REGULATION

Economic development and regulation, $16,127,000.

PUBLIC SAFETY AND JUSTICE

Public safety and justice, including purchase of one hundred and thirty-five passenger motor vehicles for replacement only (including one hundred and thirty for police-type use and five for fire-type use without regard to the general purchase price limitation for the current fiscal year); $295,472,300, of which $5,863,400 shall be payable from the revenue sharing trust fund: Provided, That the Police Department is authorized to replace not to exceed twenty-five passenger carrying vehicles, and the Fire Department not to exceed five such vehicles annually whenever the cost of repair to any damaged vehilce exceeds three-fourths the cost of the replacement: Provided further, That funds appropriated for expenses under the Criminal Justice Act of 1974 (Public Law 93 - 412) // D.C. Code 11 - 2601 // for fiscal year 1980 shall be available for obligations incurred under that Act in each fiscal year since inception in fiscal year 1975: Provided further, That not to exceed $200,000 shall be available from this appropriation for the Chief of Police for the prevention and detection of crime: Provided further, That $50,000 of any appropriations available to the District of Columbia may be used to match financial contributions from the Department of Defense to the District of Columbia Office of Emergency Preparedness for the purchase of civil defense equipment and supplies approved by the Department of Defense, when authorized by the Mayor.

PUBLIC EDUCATION SYSTEM

Public education system, including the development of national defense education programs, $312,493,500, of which $8,164,100 shall be payable from the revenue sharing trust fund, to be allocated as follows: $232,100,200 for the District of Columbia Public Schools; $22,705,000 for the Teachers' Retirement Fund; $47,611,600 for the University of the District of Columbia; $9,725,200 for the Public Library; and $351,500 for the Commission on the Arts and Humanities: Provided, That the District of Columbia Public Schools are authorized to accept not to exceed thirty-one motor vehicles for exclusive use in the driver education program: Provided further, That not to exceed $1,000 for the Superintendent of Schools and $2,500 for the President of the University of the District of Columbia shall be available from this appropriation for expenditures for official purposes: Provided further, That the $22,705,000 of this appropriation allocated for the Teachers' Retirement Fund shall be transferred to the Teachers' Retirement Fund, inaccordance with the provisions of section 7 of the Act of August 7, 1946 (60 STAT. 879, as amended; D.C. Code, sec. 31 - 727): Provided further That not less than $7,257,800 of this appropriation shall be used exclusively for maintenance of the public schools.

HUMAN SUPPORT SERVICES

Human support services, including care and treatment of indigent patients in institutions under contracts to be made by the Director of the Department of Human Resources, $347,359,500, of which $6,728,200 shall be payable from the revenue sharing trust fund: Provided, That the inpatient rate under such contracts shall not exceed $76 per diem and the outpatient rate shall not exceed $12 per visit except for services provided to patients who are eligible for such services under the District of Columbia plan for medical assistance under title XIX of the Social Security Act, // 42 USC 1396 // and the inpatient rate (excluding the proportionate share for repairs and construction) for services rendered by Saint Elizabeths Hospital for patient care shall be at the per diem rate established pursuant to 24 U.S.C. 168a: Provided further, That total reimbursements to Saint Elizabeths Hospital, including funds from title XIX of the Social Security Act, shall not exceed $18,691,800: Provided further, That $5,807,100 of this appropriation, to remain available until expended, shall be available solely for District of Columbia employees' disability compensation: Provided further, That none of the funds appropriated for the summer youth jobs program shall be obligated until the Subcommittees on the District of Columbia Appropriations of the House of Representatives and the Senate have approved a plan submitted by the Mayor and the City Council detailing proposed expenditures.

TRANSPORTATION SERVICES AND ASSISTANCE

Transportation services and assistance, including rental of one passenger-carryng vehicle for use by the Mayor and purchase of one hundred and twenty-nine passenger-carrying vehicles, of which seventy-eight shall be for replacement only, $92,084,100, of which $7,444,300 shall be payable from the revenue sharing trust fund: Provided, That this appropriation shall not be available for the purchase of driver-training vehicles: Provided further, That $2,900,000 of this appropriation shall be available for the fiscal year 1978 Metrobus operating subsidy: Provided further, That $4,890,400 of this appropriation shall be available for the fiscal year 1979 Metrobus operating subsidy.

ENVIRONMENTAL SERVICES AND SUPPLY

Environmental services and supply, $78,297,800, of which $1,500,000 shall be payable from the revenue sharing trust fund: Provided, That this appropriation shall not be available for collecting ashes or miscellaneous refuse from hotels and places of business or from apartment houses with four or more apartments, or from any building or connected group of buildings operating as a rooming or boarding house as defined in the housing regulations for the District of Columbia.

PERSONAL SERVICES

For pay increases and related costs, to be transferred by the Mayor of the District of Columbia to the appropriations for the fiscal year 1980 from which employees are properly payable, $58,354,500.

REPAYMENT OF LOANS AND INTEREST

For reimbursement to the United States of funds loaned in compliance with the Act of August 7, 1946 (60 Stat. 896), as amended; sections 108,217, and 402 of the Act of May 18, 1954 (68 Stat. 103, 109, and 110), as amended; the Act of July 2, 1954 (68 Stat. 443); section 9 of the Act of September 7, 1957 (71 Stat. 619), as amended; section 1 of the Act of June 6, 1958 (72 Stat. 183), as amended; section 4 of the Act of June 12, 1960 (74 Stat. 211), as amended; and section 723 of the District of Columbia Self-Government and Governmental Reorganization Act (Public Law 93 - 198), as amended, including interest as required thereby, $120,457,300.

CAPITAL OUTLAY

For construction projects as authorized by the Acts of April 22, 1904 (33 Stat. 244), May 18, 1954 (68 Stat. 105, 110), June 6, 1958 (72 Stat. 183), August 20, 1958 (72 Stat. 686), and the Act of December 9, 1969 (83 Stat. 321); including adquisition of sites; preparation of plans and specifications; conducting preliminary surveys; erection of structures, including building improvement and alteration and treatment of grounds; to remain available until expended, $157,531,300: Provided, That $5,378,100 shall be available for construction services by the Director of the Department of General Services or by contract for architectural engineering services, as may be determined by the Mayor, and the funds for the use of the Director of the Department of General Services shall be advanced to the appropriation account " Construction Services, Department of General Services": Provided further, That the amount appropriated to the Construction Services Fund, Department of General Services, be limited, during the current fiscal year, to ten per centum of appropriations for all construction projects, except for Project Numbered 24 - 99, Permanent Improvements, for which construction services shall be limited to twenty per centum of the appropriation: Provided further, Notwithstanding the foregoing, all authorizations for capital outlay projects, except those projects covered by the first sentence of section 23(a) of the Federal- Aid Highway Act of 1968 (Public Law 90 - 495, // D.C. Code 7 - 135 // approved August 23, 1968), for which funds are provided by this paragraph shall expire on September 30, 1981, except authorizations for projects as to which funds have been obligated in whole or in part prior to such date. Upon expiration of any such project authorization the funds provided herein for such project shall lapse.

GENERAL PROVISIONS-- DISTRICT OF COLUMBIA

SEC. 201. Except as otherwise provided in this title, all vouchers covering expenditures of appropriations contained in this title shall be audited before payment by the designated certifying official and the vouchers as approved shall be paid by checks issued by the designated disbursing official.

SEC. 202. Whenever in this title an amount is specified within an appropriation for particular purposes or object of expenditure, such amount, unless otherwise specified, shall be considered as the maximum amount which may be expended for said purpose or object rather than an amount set apart exclusively therefor.

SEC. 203. Appropriations in this title shall be available, when authorized or approved by the Mayor, for allowances for privately owned conveyances used for the performance of official duties at 17 cents per mile but not to exceed $60 a month for each automobile and at 11 cents per mile but not to exceed $40 a month for each motorcycle, unless otherwise therein specifically provided, except that one hundred and thirteen (eighteen for venereal disease investigators in the Department of Human Resources) such automobile allowances at not more than $935 each per annum may be authorized or approved by the Mayor.

SEC. 204. Appropriations in this title shall be available for expenses of travel and for the payment of dues of organizations concerned with the work of the District of Columbia government, when authorized by the Mayor.

SEC. 205. Appropriations in this title shall not be used for or in connection with the preparation,issuance, publication, or enforcement of any regulation or order of the Public Service Commission requiring the installation of meters in taxicabs, or for or in connection with the licensing of any vehicle to be operated as a taxicab except for operation in accordance with such system of uniform zones and rates and regulations applicable thereto as shall have been prescribed by the Public Service Commission.

SEC. 206. Appropriations in this title // D.C. Code 7 - 701 // shall not be a available for the payment of rates for electric current for street lighting in excess of two cents per kilowatt-hour for current consumed.

SEC. 207. There are hereby appropriated from the applicable funds of the District of Columbia such sums as may be necessary for making refunds and for the payment of judgments which have been entered against the government of the District of Columbia: Provided, That no part of any funds so appropriated shall be used for the payment of any judgment entered by any court against the government of the District of Columbia requiring the payment for electric current for street lighting at a rate in excess of two cents per kilowatt-hour for current consumed: Provided further, That nothing contained in this section shall be construed as modifying or affecting the provisions of paragraph 3, subsection (c) of section 11 of title XII of the District of Columbia Income and Franchise Tax Act of 1947, // D.C. Code 47 - 1586j. // as amended.

SEC. 208. Appropriations in this title shall be available for the payment of public assistance without reference to the requirement of subsection (b) of section 5 of the District of Columbia Public Assistance Act of 1962 // D.C. Code 3 - 204 // and for the non-Federal share of funds necesaary to qualify for Federal assistance under the Act of July 31, 1968 (Public Law 90 - 445). // D.C. Code 3 - 204. 42 USC 3801 //

SEC. 209. No part of any appropriation contained in this title shall remain available for obligation beyond the current fiscal year unless expressly so provided herein.

SEC. 210. No part of any funds appropriated by this title // D.C. Code 40 - 501a // shall be used to pay the compensation (whether by contract or otherwise) of any individual for performing services as a chauffeur or driver for any designated officer or employee of the District of Columbia government (other than the Mayor, Chief of Police, and Fire Chief), or for performing services as a chauffeur or driver of a motor vehicle assigned for the personal or individual use of any such officer or employee (other than the Mayor, Chief of Police, and Fire Chief). No part of any funds appropriated by this title, in excess of $1,000 per month in the aggregate ($12,000 per annum) shall be used to pay the compensation (whether by contract or otherwise) of individuals for performing services as a chauffeur or driver for the Mayor, or for performing services as a chauffeur or driver of a motor vehicle assigned for the personal or individual use of the Mayor.

SEC. 211. Not to exceed 4 per centum of the total of all funds appropriated by this title for personal compensation may be used to pay the cost of overtime or temporary positions.

SEC. 212. The total expenditure of funds appropriated by this title for authorized travel and per diem costs outside the District of Columbia, Maryland, and Virginia shall not exceed $225,000.

SEC. 213. Appropriations in this title // D.C. Code 1 - 216 // shall not be available, during the fiscal year ending September 30, 1980, for the compensation of any person appointed--,

(1) as a full-time employee to a permanent, authorized position in the government of the District of Columbia during any month when the number of such employees is greater than 37,886: Provided, That--,

(A) positions within this city employment limitation

shall

be set aside as the maximum number of permanent,

authorized

employees as follows: Appropriated positions, 33,659

of

which 9,652 shall be for Public Schools; reimbursable

and

revolving fund positions, 1,090; capital outlay

positions, 781;

District of Columbia General Hospital, 2,356; and

(B) the District of Columbia Public Schools and the

District

of Columbia General Hospital shall not exceed thier

respective

employment limitations and are hereby required to

report monthly to the Mayor, for the purpose of

maintaining

controls on city-wide employment, regarding the total

number of current employees and the total number of

separations and filling of positions within their

respective

employment limitations; or

(2) as a temporary or part-time employee in the government of the District of Columbis during any month in which the number of such employees exceeds the number of such employees for the same month of the preceding fiscal year.

SEC. 214. No funds appropriated in this title, for the government of the District of Columbia for the operation of educational institutions, the compensation of personnel, or for other educational purposes may be used to permit, encourage, facilitate, or further partisan political acvtivities. Nothing herein is intended to prohibit the availability of school buildings for the use of any community group during non-school hours.

SEC. 215. Appropriations in this title shall be available for services as authorized by 5 U.S.C. 3109, at rates to be fixed by the Mayor.

SEC. 216. The annual budget for the District of Columbia government for fiscal year 1981 shall be transmitted to the Congress by not later than February 1, 1980. None of the funds appropriated in this Act shall be made available to pay the salary of any employee of the government of the District of Columbia whose name, title, grade, salary, past work experience, and salary history are not available for inspection by the House and Senate Committees on Appropriations or their duly authorized representatives.

SEC. 217. There are hereby appropriated from the applicable funds of the District of Columbia such sums as may be necessary for making payments authorized by the District of Columbia Revenue Recovery Act of 1977, D.C. Law 2 - 20, // D.C. Code 47 - 331 // approved September 23, 1977.

SEC. 218. None of the funds contained in this Act shall be made available to pay the salary of any employee of the government of the District of Columbia whose name and salary are not available for public inspection.

SEC. 219. No part of this appropriation shall be used for publicity or propaganda purposes or implementation of any policy including boycott designed to support or defeat legislation pending before Congress or any State legislature.

SEC. 220. None of the Federal funds provided in this Act shall be used to perform abortions except where the life of the mother would be endangered if the fetus were carried to term; or except for such medical procedures necessary for the victims of rape or incest, when such rape or incest has been reported promptly to a law enforcement agency or public health service. Nor are payments prohibited for drugs or devices to prevent implantation of the fertilized ovum, of for medical procedures necessary for the termination of an ectopic pregnancy.

This Act may be cited as the " District of Columbia Appropriation Act, 1980".

Approved October 30, 1979.

LEGISLATIVE HISTORY:

HOUSE REPORTS: No. 96 - 294 (Comm. on Appropriations) and No. 96 - 443 (Comm. of Conference).

SENATE REPORT No. 96 - 257 (Comm. on Appropriations).

CONGRESSIONAL RECORD, Vol. 125 (1979):

July 11, 17, considered and passed House.

July 27, considered and passed Senate, amended.

Oct. 16, House agreed to conference report; receded from its disagreement and concurred in one Senate amendment, and in others with amendments.

Oct. 22, Senate agreed to conference report, concurred in House amendments.

PUBLIC LAW 96-92, 93 STAT. 701, INTERNATIONAL SECURITY ASSISTANCE ACT OF 1979.

96th CONGRESS, H.R. 3173

OCTOBER 29, 1979

An Act To amend the Foreign Assistance Act of 1961 and the

Arms Export Control Act to

authorize international security assistance programs

for fiscal year 1980, and for

other purposes.

Be it enacted by the Senate and House Representatives of the United States of America in Congress assembled,

SHORT TITLE

SECTION 1. This Act // 22 USC 2151 // may be cited as the " International Security Assistance Act of 1979".

CONTINGENCIES

SEC. 2. (a) The heading for chapter 5 of part I of the Foreign Assistance Act of 1961 // 22 USC 2261. // is amended by striking out " CONTINGENCY FUND" and inserting in lieu thereof " CONTINGENCIES".

(b) Section 451 of such Act // 22 USC 2261. // is amended--,

(1) by striking out " CONTINGENCY FUND" and inserting in lieu thereof " CONTINGENCIES"; and

(2) by amending subsection (a) to read as follows:

"(a)(1) Notwithstanding any other provision of law, the President is authorized to use not to exceed $10,000,000 of funds made available in any fiscal year to carry out any provision of this Act (other than the provisions of chapter 1 of this part) // 22 USC 2151. // in order to provide, for any emergency purposes, assistance authorized by this part in accordance with the provisions applicable to the furnishing of such assistance.

"(2) The President shall report promptly to the Speaker of the House of Representatives and to the Committee on Foreign Relations and the Committee on Appropriations of the Senate each time he exercises the authority contained in this subsection.".

INTERNATIONAL NARCOTICS CONTROL

SEC. 3. (a) Section 482(a) of the Foreign Assistance Act of 1961 // 92 Stat. 731. 22 USC 2291a. // is amended to read as follows:

"(a)(1) To carry out the purposes of section 481, // 22 USC 2291. // there are authorized to be appropriated to the President $51,758,000 for the fiscal year 1980.

"(2) Of the amount authorized to be appropriated for the fiscal year 1980 by paragraph (1), $16,000,000 shall be available only for the Republic of Colombia for the interdiction of drug traffic. Such funds may be used only (A) for helicopters, patrol vessels, fixed radar equipment, transport vehicles, and fuel, which will be used exclusively for interdicting drug traffic, and (B) for training personnel with respect to the interdiction of drug traffic.

"(3) Funds appropriated under this subsection for the fiscal year 1980 may not be used for a contribution to the United Nations Fund for Drug Abuse Control in an amount which exceeds the lesser of $3,000,000 or 25 percent of the total contributions by all countries to such Fund for the calendar year with respect to which the United States contribution is made.

"(4) Amounts appropriated under this subsection are authorized to remain available until expended.".

(b ) Section 481(d)(1) of such Act // 92 Stat. 730. 22 USC 2291. // is amended by striking out "or used for any program involving" and inserting in lieu thereof "for the purpose of".

HUMAN RIGHTS

SEC. 4. Section 502 B of the Foreign Assistance Act of 1961 // 22 USC 2304. // is amended by adding at the end thereof the following new subsection:

"(f) In allocating the funds authorized to be appropriated by this Act // 22 USC 2751 // and the Arms Export Control Act, the President shall take into account significant improvements in the human rights records of recipient countries, except that such allocations may not contravene any other provision of law.".

MILITARY ASSISTANCE

SEC. 5. (a) Section 504(a)(1) of the Foreign Assistance Act of 1961 // 22 USC 2312. // is amended to read as follows:

"(a)(1) There are authorized to be appropriated to the President to carry out the purposes of this chapter not to exceed $110,200,000 for the fiscal year 1980. Not more than the following amounts of funds available to carry out this chapter may be allocated and made available for assistance to each of the following countries for the fiscal year 1980:

" Country Amount

Portugal-----$30,000,000

Spain-------3,800,000

Jordan------30,000,000

Philippines------25,000,000

The amount specified in this paragraph for military assistance to any such country may be increased by not more than 10 percent of such amount if the President deems such increase necessary for the purposes of this chapter.".

(b) Section 506 of such Act // 22 USC 2318. // is amended to read as follows:

" SEC. 506. SPECIAL AUTHORITY.--(A) If the President determines and reports to the Congress in accordance with section 652 of this Act // 22 USC 2411. // that--,

"(1) an unforeseen emergency exists which requires immediate military assistance to a foreign country or international organization; and

"(2) the emergency requirement cannot be met under the authority of the Arms Export Control Act

// 22 USC 2751 //

or any other law except this section;

he may direct, for the purposes of this part, the drawdown of defense articles from the stocks of the Department of Defense, defense services of the Department of Defense, and military education and training, of an aggregate value of not to exceed $10,000,000 in any fiscal year.

"(b)(1) The authority contained in this section shall be effective for any such emergency only upon prior notification to the Committee on Foreign Affairs of the House of Representatives, the Committee on Foreign Relations of the Senate, and the Committee on Appropriations of each House of Congress.

"(2) The President shall keep the Congress fully and currently informed of all defense articles, defense services, and military education and training provided under this section.

"(c) There are authorized to be appropriated to the President such sums as may be necessary to reimburse the applicable appropriation, fund, or account for defense articles, defense services, and military education and training provided under this section.".

(c) Section 516(a) of such Act // 22 USC 2321j. // is amended by striking out "until September 30, 1981," and all that follows thereafter and inserting in lieu thereof "shall remain available for a period of three fiscal years next following any fiscal year after the fiscal year 1977 for which assistance under this chapter has been authorized for a country, to the extent necessary to carry out obligations incurred under this chapter with respect to such assistance for such country on or before September 30 of such fiscal year.".

STOCKPILING OF DEFENSE ARTICLES FOR FOREIGN

COUNTRIES

SEC. 6. (a) Section 514 of the Foreign Assistance Act of 1961 // 22 USC 2321h. // is amended--,

(1) in subsection (b)(2), by striking out "$90,000,000 for the fiscal year 1979" and inserting in lieu thereof "$95,000,000 for the fiscal year 1980"; and

(2) in subsection (c), by inserting "the Republic of Korea or" immediately after "stockpiles located in".

(b) The President shall transmit to the Congress not later than December 31, 1979, a report regarding the stockpiling authorities for the Republic of Korea. The report shall--,

(1) detail the goals of the stockpiling program for the Republic of Korea, including projections for additional stockpiling authority;

(2) review the procedures for the transfer of stockpiled materiel in time of war and recommend changes if necessary; and

(3) state the intentions of the executive branch with regard to the eventual peacetime disposition of the stockpiled materiel, including the general terms and conditions of any peacetime transfer.

INTERNATIONAL MILITARY ASSISTANCE AND SALES PROGRAM MANAGEMENT

SEC. 7. Section 515 of the Foreign Assistance Act of 1961 // 22 USC 2321i. // is amended--,

(1) in subsection (b)(1)--,

(A) by striking out "fiscal year 1979" and inserting in

lieu

thereof "fiscal year 1980"; and

(B) by inserting " Greece," immediately after " Panama,"; and

(2) in subsection (f), by striking out " December 31, 1977" and inserting in lieu thereof " December 31, 1978".

ECONOMIC SUPPORT FUND

SEC. 8. (a) Section 531(b)(1) of the Foreign Assistance Act of 1961 // 92 Stat. 733. 22 USC 2346. // is amended by striking out "for the fiscal year 1979, $1,902,000,000" and inserting in lieu thereof "for the fiscal year 1980, $1,935,000,000".

(b) Section 532 of such Act // 92 Stat. 733. 22 USC 2346a. // is amended by striking out subsection (b) and inserting in lieu thereof the following:

"(b)(1) Of the amount authorized to be appropriated to carry out this chapter for the fiscal year 1980, not less than $785,000,000 shall be available only for Israel and not less than $750,000,000 shall be available only for Egypt. Not less than two-thirds of such funds shall be provided on a grant basis to each such country.

"(2) The total amount of funds allocated for Israel under this chapter for the fiscal year 1980 may be made available as a cash transfer. In exercising the authority of this paragraph, the President shall ensure that the level of cash transfers made to Israel does not cause an adverse impact on the total amount of nonmilitary exports from the United States to Israel.

"(c) It is the sense of the Congress that programs which stress regional development or regional scientific and technical cooperation in the Middle East can contribute in an important way to the mutual understanding that must serve as the basis for permanent peace in the Middle East.

"(d) It is the sense of the Congress that--,

"(1) funds made available under this chapter for countries in the Middle East are designed to promote progress toward a comprehensive peace settlement in the Middle East; and

"(2) for Syria and Jordan to continue to receive funds under this chapter, it should be judged by the President that they are acting in good faith to achieve further progress toward a comprehensive peace settlement and that the expenditure of the funds will serve the process of peace in the Middle East.

"(e) None of the funds authorized to be appropriated to carry out this chapter for the fiscal year 1980 may be used to provide assistance for Syria, unless the President determines, and so reports to the Congress, that assistance for Syria is in the national interest of the United States.".

(c) Section 533 of such Act // 92 Stat. 735. 22 USC 2346b. // is amended to read as follows:

" SEC. 533. SOUTHERN AFRICA PROGRAMS.--(A) Of the amount authorized to be appropriated to carry out this chapter for the fiscal year 1980, $68,000,000 shall be available for the countries of southern Africa and for a southern Africa regional refugee support, training, and economic planning program to address the problems caused by the economic dislocation resulting from the conflict in that region and for education and job training assistance. Such funds may be used to provide humanitarian assistance to African refugees and persons displaced by war and internal strife in southern Africa, to improve transportation links interrupted or jeopardized by regional political conflicts, and to provide support to countries in that region.

"(b) No assistance may be furnished under this section to Mozambique, Angola, Tanzania, or Zambia, except that the President may waive this prohibition with respect to any such country if he determines, and so reports to the Congress, that furnishing such assistance to such country would further the national interests of the United States.".

(d) Section 534 of such Act // 92 Stat. 735. 22 USC 2346c. // is amended to read as follows:

" SEC. 534. TURKEY AND CYPRUS PROGRAMS.--(A) Of the amount authorized to be appropriated to carry out this chapter for the fiscal year 1980, $15,000,000 shall be available only for Cyprus for refugee relief, reconstruction, or other activities consistent with a reconciliation on Cyprus.

"(b) Of the amount authorized to be appropriated to carry out this chapter for the fiscal year 1980, not more than $98,000,000 shall be available for Turkey.".

(e) Chapter 4 of part II of such Act is amended by adding at the end thereof the following new section:

" SEC. 535. // 22 USC 2346d. // SUDAN PROGRAM.-- Of the amount authorized to be appropriated to carry out this chapter for the fiscal year 1980, not less than $40,000,000 shall be available for Sudan.".

INTERNATIONAL MILITARY EDUCATION AND TRAINING

SEC. 9. Section 542 of the Foreign Assistance Act of 1961 // 22 USC 2347a. // is amended by striking out "$31,800,000 for the fiscal year 1979" and inserting in lieu thereof "$31,800,000 for the fiscal year 1980, except that no part of such amount may be made available for Inter-American regional programs unless the foreign countries participating in such programs collectively contribute an equivalent amount to carry out the purposes of such programs".

PEACEKEEPING OPERATIONS

SEC. 10. (a) Section 552(a) of the Foreign Assistance Act of 1961 // 92 Stat. 736. 22 USC 2348a. // is amended by striking out "$30,900,000 for the fiscal year 1979" and inserting in lieu thereof "$21,100,000 for the fiscal year 1980".

(b) Section 551 of such Act // 92 Stat. 736. 22 USC 2348. // is amended by adding at the end thereof the following new sentence: " Such assistance may include reimbursement to the Department of Defense for expenses incurred pursuant to section 7 of the United Nations Participation Act of 1945, // 22 USC 287d-1. // except that such reimbursements may not exceed $5,000,000 in any fiscal year unless a greater amount is specifically authorized by this section.".

(c) Section 552 of such Act // 92 Stat. 736. 22 USC 2348a.// is amended by adding at the end thereof the following new subsection:

"(c) If the President determines that, as the result of an unforeseen emergency, the provision of assistance under this chapter in amounts in excess of funds otherwise available for such assistance is important to the national interests of the United States, the President may exercise the authority of section 610(a) of this Act // 22 USC 2360. 92 Stat. 733. 22 USC 2346. // to transfer funds available to carry out chapter 4 of this part for use under this chapter without regard to the 20-percent increase limitation contained in such section, except that (1) the total amount so transferred in any fiscal year may not exceed $10,000,000, and (2) earmarked funds may not be transferred.".

COOPERATIVE CROSS SERVICING AND LEAD- NATION

PROCUREMENT

ARRANGEMENTS WITHIN THE NORTH ATLANTIC TREATY

ORGANIZATION

SEC. 11. Subparagraph (C) of section 3(d)(3) of the Amrs Export Control Act // 22 USC 2753. // is amended to read as follows:

"(C) to arrangements among members of the North Atlantic Treaty Organization or between the North Atlantic Treaty Organization and any of its member countries--,

"(i) for cooperative cross servicing, or "(ii) for lead-nation procurement if the certification

transmitted

to the Congress pursuant to section 36(b) of this Act

// 22 USC 2776. //

with regard to such lead-nation procurement identified

the

transferees on whose behalf the lead-nation procurement

was proposed.".

RECIPROCAL QUALITY ASSURANCE, INSPECTION, AND

CONTRACT AUDIT

SERVICES

SEC. 12. Section 21 of the Arms Export Control Act // 22 USC 2761. // is amended--,

(1) by redesignating subsection (h) as subsection (i); and

(2) by inserting the following new subsection (h) immediately after subsection (g):

"(h) The President is authorized to provide (without charge) quality assurance, inspection, and contract audit defense services under this section--,

"(1) in connection with the placement or administration of any contract or subcontract for defense articles or defense services entered into after the date of enactment of this subsection by, or under this Act on behalf of, a foreign government which is a member of the North Atlantic Treaty Organization, if such government provides such services in accordance with an agreement on a reciprocal basis, without charge, to the United States Government; or

"(2) in connection with the placement or administration of any contract or subcontract for defense articles or defense services pursuant to the North Atlantic Treaty Organization Infrastructure Program in accordance with an agreement under which the foreign governments participating in such program provide such services, without charge, in connection with similar contracts or subcontracts.".

MODIFICATION OF THE ANNUAL ARMS SALES PROPOSAL

SEC. 13. Section 25(d) of the Arms Export Control Act // 92 Stat. 740. 22 USC 2765. // is amended--,

(1) by inserting "weapons or weapons-related" immediately after "major";

(2) by striking out "defense articles or defense services" and inserting in lieu thereof "weapons or weapons-related defense equipment";

(3) by adding at the end thereof the following new sentence: " Sales deemed most likely actually to result in the issuance of a letter of offer during such fiscal year shall be appropriately so identified in the reports submitted pursuant to this paragraph and paragraph (2) of this subsection."; and

(4) by inserting "(1)" immediately after "(d)" and by adding at the end thereof the following new paragraph:

"(2) The President shall notify the Congress in writing at intervals of six months of any changes in the Arms Sales Proposal for such fiscal year, together with the reasons therefor.".

MULTILATERAL ARMS SALES INFORMATION

SEC. 14. Section 25 of the Arms Export Control Act // 22 USC 2765. // is amended by adding at the end thereof the following new subsection:

"(e) The President shall transmit to the Congress, at the time of the transmittal of each Arms Sales Proposal required by subsection (d)( 1), a classified report detailing the executive branch's best estimates with regard to the international volume of arms traffic. The report shall include estimates on an annual basis of the sale and delivery of weapons and weapons-related defense equipment by all major arms suppliers to all major recipient countries during the preceding three years.".

NORTH ATLANTIC TREATY ORGANIZATION COOPERATIVE

PROJECTS

SEC. 15. Chapter 2 of the Arms Export Control Act is amended by adding at the end thereof the following new section:

" SEC. 27. // 22 USC 2767. // NORTH ATLANTIC TREATY ORGANIZATION COOPERATIVE PROJECTS.--(A) For purposes of this section, the term 'cooperative project' means a project described in an agreement, entered into after the date of enactment of this section, under which--,

"(1) the North Atlantic Treaty Organization, or one or more member countries thereof, agrees to share with the United States the costs of research on and development, testing, and evaluation of certain defense articles, and the costs of any agreed joint production ensuing therefrom, in order to further the objectives of standardization and interoperability of the armed forces of North Atlantic Treaty Organization member countries; or

"(2) the North Atlantic Treaty Organization, or one or more member countries thereof other than the United States, agrees to bear the costs of research on and development, testing, and evaluation of certain defense articles (or categories of defense articles) and to have such articles produced for sale to, and licensed for production within, other participant member countries including the United States, and the United States agrees to bear the costs of research on and development, testing, and evaluation of other defense articles (or categories of defense articles) and to have such defense articles produced for sale to, and licensed for production within, other participant member countries in order to further the objectives of rationalization of the industrial and technological resources within the North Atlantic Treaty area.

"(b)(1) The President may reduce or waive the charge or charges which would otherwise be considered appropriate under section 21(e) of this Act // 22 USC 2761. // (and, in the case of agreements described in subsection (a)(2) of this section, may reduce or waive the charges for reimbursement of the costs of officers and employees of the United States Government which would otherwise be required) in connection with sales under section 21 and section 22 of this Act // 22 USC 2762. // in furtherance of cooperative projects. Notwithstanding the provisions of section 21(e)(1)(A) and section 43(b) of this Act, // 22 USC 2792. // administrative surcharges shall not be increased on other sales made under this Act in order to compensate for reductions or waivers of such surcharges under this section. Funds received pursuant to such other sales shall not be available to reimburse the costs incurred by the United States Government for which reduction or waiver is approved by the President under this section.

"(2) The provisions of paragraph (1) shall apply only if for each cooperative project the other countries which participate in such cooperative project reciprocate by waiving comparable charges for their sales related to such cooperative project and if the President determines that the magnitude of the contribution of a member country of the North Atlantic Treaty Organization to such cooperative project would help the United States conserve defense resources and promote a stronger alliance.

"(c)(1) Not less than thirty days prior to signature on behalf of the United States of an agreement for a cooperative project, the President shall transmit to the Speaker of the House of Representatives, the chairman of the Committee on Foreign Relations of the Senate, and the chairman of the Committee on Armed Services of the Senate, a numbered certification with respect to such proposed agreement, setting forth--,

"(A) a detailed description of the cooperative project with respect to which the certification is made;

"(B) an estimate of the amount of sales and exports expected to be made or approved under this Act in furtherance of such cooperative project;

"(C) an estimate of the dollar value of any charges expected to be reduced or waived under this section in connection with such cooperative project, such dollar value to consist of expenses that will be charged against Department of Defense funds without reimbursement and amounts not to be recovered and deposited to the General Fund of the Treasury;

"(D) an estimate of the dollar value of the costs to be borne by the North Atlantic Treaty Organization or by the member countries thereof in connection with such cooperative project; and

"(E) a statement of the foreign policy and national security benefits anticipated to be derived from such cooperative project.

"(2) The provisions of subsection (b) of section 36 of this Act // 22 USC 2776. // shall not apply to sales made under section 21 or section 22 of this Act // 22 USC 2761, 2762. // and the provisions of subsection (c) of section 36 of this Act shall not apply to the issuance of licenses or other approvals under section 38 of this Act, // 22 USC 2778. // if such sales are made, or such licenses or approvals are issued, in furtherance of a cooperative project.".

REPORTS ON PRICE AND AVAILABILITY ESTIMATES

SEC. 16. (a) Chapter 2 of the Arms Export Control Act, as amended by section 15 of this Act, is further amended by adding at the end thereof the following new section:

" SEC. 28. // 22 USC 2768. // REPORTS ON PRICE AND AVAILABILITY ESTIMATES.--(A) The President shall transmit to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate, within five days after the end of each calendar quarter, a report listing each price and availability estimate provided by the United States Government during such quarter to a foreign country with respect to a possible sale under this Act of major defense equipment for $7,000,000 or more or of any other defense articles or defense services for $25,000,000 or more. Each such listing shall specify the name of the country to which the estimate was provided, the defense articles or services involved, the quantity involved, and the price estimate provided.

"(b) Such reports shall also list each request received by the United States Government from a foreign country, during the quarter in question, for the issuance of a letter of offer to sell defense articles or defense services if (1) the proposed sale has not been the subject of a listing pursuant to subsection (a) of this section, and (2) the issuance of a letter of offer in accordance with such request would be subject to the requirements of section 36(b) of this Act. // 22 USC 2776. // Each such listing shall include the name of the country making the request, the date of the request, the defense articles or services involved, the quantity involved, and the price and availability terms requested.".

(b) section 36(b) of such Act // 22 USC 2776. // is amended by adding at the end thereof the following new paragraph:

"(4) In addition to the other information required to be contained in a certification submitted to the Congress under this subsection, each such certification shall cite any quarterly report submitted pursuant to section 28 of this Act which listed a price and availability estimate, or a request for the issuance of a letter of offer, which was a basis for the proposed sale which is the subject of such certification.".

AUTHORIZATION AND AGGREGATE CEILING FOR FOREIGN

MILITARY

SALES CREDITS

SEC. 17. (a) Section 31 of the Arms Export Control Act // 22 USC 2771. // is amended--,

(1) in subsection (a), by striking out "$682,000,000 for the fiscal year 1978 and $674,300,000 for the fiscal year 1979" and inserting in lieu thereof "$673,500,000 for the fiscal year 1980";

(2) in subsection (b), by striking out "$2,152,350,000 for the fiscal year 1978 and $2,085,500,000 for the fiscal year 1979, of which amount for each such year" and inserting in lieu thereof "$2,235,000,000 for the fiscal year 1980, of which";

(3) in subsection (c), by striking out "fiscal year 1979" and inserting in lieu thereof "fiscal year 1980"; and

(4) in subsection (d), by striking out "$150,000,000" and inserting in lieu thereof "$250,000,000".

(b) Of the principal amount of loans guaranteed for the fiscal year 1980 under section 24 of the Arms Export Control Act--, // 22 USC 2771 22 USC 2764. //

(1) with respect to Turkey, not to exceed $50,000,000,

(2) with respect to Greece, not to exceed $42,000,000, and

(3) with respect to Sudan, not to exceed $25,000,000,

shall be repaid in not less than 20 years, following a grace period of 10 years on repayment of principal.

RESTRAINT IN ARMS SALES TO SUB- SAHARAN AFRICA

SEC. 18. Section 33 of the Arms Export Control Act // 22 USC 2773. // is amended to read as follows:

" SEC. 33. RESTRAINT IN ARMS SALES TO SUB- SAHARAN AFRICA.-- It is the sense of the Congress that the problems of Sub-Saharan Africa are primarily those of economic development and that United States policy should assist in limiting the development of costly military conflict in that region. Therefore, the President shall exercise restraint in selling defense articles and defense services, and in providing financing for sales of defense articles and defense services, to countries in Sub-Saharan Africa.".

REPORTS TO THE CONGRESS

SEC. 19. (a) Section 36(a) of the Arms Export Control Act // 22 USC 2776. // is amended--,

(1) by striking out "thirty" in the text preceding paragraph (1) and inserting in lieu thereof "sixty";

(2) by inserting "and" immediately after the semicolon at the end of paragraph (7);

(3) by striking out ";and" at the end of paragraph (8) and inserting in lieu thereof a period; and

(4) by striking out paragraph (9).

(b) Section 43 of such Act // 22 USC 2792. // is amended by adding at the end thereof the following new subsection:

"(c) Not later than January 15 of each year, the President shall submit to the Congress a report containing an analysis and description of the services performed during the preceding fiscal year by officers and employees of the United States Government carrying out functions on a full-time basis under this Act for which reimbursement is provided under subsection (b) of this section or under section 21(a) of this Act. // 22 USC 2761. // Such reports shall specify the number of personnel involved in performing such services.".

(c) Section 36(b)(1) of such Act // 22 USC 2776. // is amended by adding at the end thereof the following: " If the President states in his certification that an emergency exists which requires the proposed sale in the national security interest of the United States, thus waiving the congressional review requirements of this subsection, he shall set forth in the certification a detailed justification for his determination, including a description of the emergency circumstances which necessitate the immediate issuance of the letter of offer and a discussion of the national security interests involved".

NATIONAL DISCLOSURE POLICY FOR SENSITIVE WEAPONS

TECHNOLOGY

SEC. 20. // 22 USC 2776 // (a) The President shall undertake a thorough review of the interagency procedures and disclosure criteria used by the United States in determining whether sensitive weapons technology will be transferred to other countries. Not later than February 15, 1980, the President shall transmit a report to the Congress setting forth the results of such review, together with such recommendations as are necessary to improve the current disclosure system.

(b) Section 36(b)(1) of the Arms Export Control Act // 22 USC 2776. // is amended by inserting after the first sentence the following: " Such numbered certifications shall also contain an item, classified if necessary, identifying the sensitivity of technology contained in the defense articles or defense services proposed to be sold."

CEILING ON COMMERCIAL ARMS SALES

SEC. 21. Section 38(b)(3) of the Arms Export Control Act // 22 USC 2778. // is amended by striking out "$25,000,000" and inserting in lieu thereof "$35,000,000".

DEFINITIONS

SEC. 22. Section 644(d) of the Foreign Assistance Act of 1961 // 22 USC 2403. // and section 47(3) of the Arms Export Control Act // 22 USC 2794. // are each amended by inserting "(except uranium depleted in the isotope 235 which is incorporated in defense articles solely to take advantage of high density or pyrophoric characteristics unrelated to radioactivity)" immediately after "source material".

TRANSFER OF WAR RESERVE MATERIEL AND OTHER

PROPERTY TO

TAIWAN

SEC. 23. // 22 USC 3302 // (a) Notwithstanding any other provision of law, during the calendar year 1980 the President is authorized to transfer to Taiwan, under such terms and conditions as he may deem appropriate, such United States war reserve materiel that was located on Taiwan on January 1, 1979, as he may determine.

(b) Notwithstanding any other provision of law, during the calendar years 1979 and 1980 the President is authorized to transfer to Taiwan, under such terms and conditions as he may deem appropriate, such rights of the United States in property (other than war reserve materiel) that was located on Taiwan on January 1, 1979, as he may determine.

AMMUNITION SOLD TO THAILAND

SEC. 24. The Royal Thai Government shall be released from its contractual obligation to pay to the United States Government such amount as is due on or before October 30, 1979, as a condition precedent under the letter of offer accepted by the Royal Thai Government on April 12, 1977, to the transfer of title to the last increment of United States ammunition stocks sold to the Royal Thai Government under such letter of offer pursuant to the Memorandum of Agreement of March 22, 1977, relating to the storage of ammunition in Thailand.

ASSISTANCE FOR JORDAN

SEC. 25. // 22 USC 2151 // Funds authorized to be appropriated by the amendments made by sections 5, 9, and 17 of this Act may be used to furnish assistance for Jordan only if the President determines and reports to the Congress that Jordan is acting in good faith to achieve further progress toward a comprehensive peace settlement in the Middle East and that the expenditures of such funds will serve the process of peace in the Middle East.

SHABA AIRLIFT

SEC. 26. Notwithstanding any other provisions of law, the President is authorized to make available the services of the Department of Defense for the purpose of facilitating the removal from Zaire of those foreign armed forces which were transported to Zaire by the United States at the time of the crisis in Shaba Province in 1978.

FISCAL YEAR 1979 SUPPLEMENTAL AUTHORIZATION FOR

TURKEY

SEC. 27. // 22 USC 2346c // (a) It is hereby determined that the national interests of the United States would be served by the furnishing of additional economic support fund assistance to Turkey in order to promote the economic and political stability of that country, and to strengthen its ability to fulfill its responsibilities as a member of the North Atlantic Treaty Organization.

(b) In furtherance of subsection (a) of this section, and in addition to amounts otherwise available for such purposes, there are authorized to be appropriated to the President to carry out the purposes of chapter 4 of part II of the Foreign Assistance Act of 1961 // 92 Stat. 733. 22 USC 2346. // $100,000,000 for the fiscal year 1979, which amount shall be available only for Turkey.

(c) Amounts appropriated under this section may be made available until expended.

(d) Notwithstanding any assistance authorized for Turkey under this Act, it remains the policy of the United States that all foreign troops in Cyprus, except those stationed in Cyprus under the auspices of the United Nations, should be withdrawn from Cyprus.

(e) It is the sense of the Congress that the recent announcement by the leaders of the Greek Cypriots and the Turkish Cypriots to resume intercommunal negotiations is an encouraging recognition by the parties that the human rights and fundamental freedoms of all the citizens of the Republic of Cyprus will be respected. The Congress urges all parties to the negotiations to demonstrate good faith in the negotiations and to move promptly toward a full, just, and lasting settlement.

PROHIBITION ON ASSISTANCE TO PANAMA

SEC. 28. None of the funds authorized to be appropriated by this Act // 22 USC 2151 // shall be made available to the Republic of Panama or its agencies or instrumentalities. The President may waive this prohibition in order to provide assistance under chapter 5 of part II of the Foreign Assistance Act of 1961 // 22 USC 2347. // (international military education and training), or to provide assistance under section 23 or 24 of the Arms Export Control Act // 22 USC 2763, 2764. // (foreign military sales financing) involving the financing of sales of defense articles (other than weapons) and defense services, if the President determines that providing such assistance would further the national interests of the United States and reports that determination to the Congress at last 30 days before providing such assistance.

Approved October 29, 1979.

LEGISLATIVE HISTORY:

HOUSE REPORTS: No. 96 - 70 (Comm. on Foreign Affairs) and No. 96 - 495 (Comm. of Conference).

SENATE REPORT No. 96 - 136 accompanying S. 584 (Comm. on Foreign Relations).

CONGRESSIONAL RECORD, Vol. 125 (1979):

Mar. 29, considered and passed House.

May 22, considered and passed Senate, amended, in lieu of S. 584.

Oct. 4, Senate agreed to conference report.

Oct. 16, House agreed to conference report.

PUBLIC LAW 96-91, 93 STAT. 700

96 TH CONGRESS, S. 567 OCTOBER 25, 1979
An Act To amend title 28 of the United States Code to allow

the United States attorney and

assistant United States attorneys for the Eastern

District of New York to reside

within twenty miles of the district.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 545(a) of title 28, United States Code, is amended by striking out " Columbia and the Southern District of New York" and inserting in lieu thereof " Columbia, the Southern District of New York, and the Eastern District of New York".

Approved October 25, 1979.

LEGISLATIVE HISTORY:

HOUSE REPORT No. 96 - 489 accompanying H.R. 3959 (Comm. on the Judiciary).

SENATE REPORT No. 96 - 94 (Comm. on the Judiciary).

CONGRESSIONAL RECORD. Vol. 125 (1979):

May 2, considered and passed Senate. Oct. 15, H.R. 3959 considered and passed House; passage vacated and S. 567 passed in lieu.

PUBLIC LAW 96-90, 93 STAT. 698

96 th CONGRESS, H. R. 1301 OCTOBER 23, 1979
An Act To amend title 18 of the United States Code to allow

the transportation or mailing

to a foreign country of material concerning a lottery

authorized by that foreign

country, 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) subsection (b) of section 1307 of title 18 of the United States Code is amended by striking out "mailing to addresses within" and all that follows through the end of such subsection (b) and inserting in lieu thereof the following: "mailing-

"(1) to addresses within a State of equipment, tickets, or material concerning a lottery which is conducted by that State acting under the authority of State law; or

"(2) to an addressee within a foreign country of equipment, tickets, or material designed to be used within that foreign

country in a lottery which is authorized by the law of that foreign country."

(b) Subsection (c) of section 1307 of title 18 of the United States Code is amended-

(1) by inserting "(1)" after "of this section"; and

(2) by inserting "; and (2) 'foreign country' means any empire, country, dominion, colony, or protectorate, or any subdivision

thereof (other than the United States, its territories or possessions)"

before the period.

Sec. 2. Section 1953 of title 18 of the United States Code is amended-

(1) in subsection (b), by striking out the period at the end of such subsection and inserting in lieu thereof the following: ", or

used within that foreign country in a lottery which is authorized

by the laws of that foreign country."; and

(2) by adding at the end of the following new subsections:

"(d) For the purposes of this section (1) ' State' means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession the the United States; and (2) 'foreign country' means any empire, country, dominion, colony, or protectorate, or any subdivision thereof (other than the United States, its territories or possessions).

"(e) For the purposes of this section 'lottery' means the pooling of proceeds derived from the sale of tickets or chances and allotting those proceeds or parts thereof by chance to one or more chance takers or ticket purchasers. ' Lottery' does not include the placing or accepting of bets or wagers on sporting events or contests.".

approved October 23, 1979.

LEGISLATIVE HISTORY:

HOUSE REPORT No. 96 - 45 (Comm. on the Judiciary).

SENATE REPORT No. 96 - 323, accompanying S. 947 (Comm. on the Judiciary).

CONGRESSIONAL RECORD, Vol. 125 (1979):

Mar. 19, 20, Apr. 23,24, considered and passed House.

Oct. 10, considered and passed Senate, in lieu of S. 947.

PUBLIC LAW 96-89, 93 STAT. 697

96th CONGRESS, S. 817 OCTOBER 19, 1979
An Act To amend the Act of July 2, 1940, as amended, to

increase the amount authorized to

be appropriated for the Canal Zone Biological Area.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 7 of the Act of July 2, 1940 (20 U.S.C. 79e), // 20 USC 79e // is amended by striking out "$350,000" and inserting in lieu thereof "$750,000".

SEC. 2. The provision in section 1 of this Act shall take effect on October 1, 1979.

Approved October 19, 1979.

LEGISLATIVE HISTORY:

HOUSE REPORT No. 96 - 405 (Comm. on Merchant Marine and Fisheries).

SENATE REPORT No. 96 - 120 (Comm. on Rules and Administration).

CONGRESSIONAL RECORD, Vol. 125 (1979):

May 14, considered and passed Senate.

Oct. 9, considered and passed House.

PUBLIC LAW 96-88, 93 STAT. 668, DEPARTMENT OF EDUCATION ORGANIZATION ACT

96th CONGRESS, S. 210 OCTOBER 17, 1979
An Act To establish a Department of Education, and for other

purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SHORT TITLE; TABLE OF CONTENTS

SECTION 1. This Act // 20 USC 3401 // may be cited as the " Department of Education Organization Act".

TABLE OF CONTENTS

Sec. 1. Short title; table of contents.

TITLE I--GENERAL PROVISIONS

Sec. 101. Findings. Sec. 102. Purposes. Sec. 103. Federal-State Relationships. Sec. 104. Definitions.

TITLE II-- ESTABLISHMENT OF THE DEPARTMENT

Sec. 201. Establishment. Sec. 202. Principal officers. Sec. 203. Office for Civil Rights. Sec. 204. Office of Elementary and Secondary Education. Sec. 205. Office of Postsecondary Education. Sec. 206. Office of Vocational and Adult Education. Sec. 207. Office of Special Education and Rehabilitative Services. Sec. 208. Office of Education for Overseas Dependents. Sec. 209. Office of Educational Research and Improvement. Sec. 210. Office of Bilingual Education and Minority Languages Affairs. Sec. 211. Office of General Counsel. Sec. 212. Office of Inspector General. Sec. 213. Intergovernmental Advisory Council on Education. Sec. 214. Federal Interagency Committee on Education.

TITLE III-- TRANSFERS OF AGENCIES AND FUNCTIONS

Sec. 301. Transfers from the Department of Health, Education, and Welfare. Sec. 302. Transfers from the Department of Defense. Sec. 303. Transfers from the Department of Labor. Sec. 304. Transfers of programs from the National Science Foundation. Sec. 305. Transfers from the Department of Justice. Sec. 306. Transfers from the Department of Housing and Urban Development. Sec. 307. Effect of transfers.

TITLE IV-- ADMINISTRATIVE PROVISIONS Part A--Personnel Provisions

Sec. 401. Officers and employees. Sec. 402. Experts and consultants. Sec. 403. Personnel reduction and annual limitations.

Part B--General Administrative Provisions

Sec. 411. General authority. Sec. 412. Delegation. Sec. 413. Reorganization. Sec. 414. Rules. Sec. 415. Contracts. Sec. 416. Regional and field offices. Sec. 417. Acquisition and maintenance of property. Sec. 418. Facilities at remote locations. Sec. 419. Use of facilities. Sec. 420. Copyrights and patents. Sec. 421. Gifts and bequests. Sec. 422. Technical advice. Sec. 423. Working capital fund. Sec. 424. Funds transfer. Sec. 425. Seal of department. Sec. 426. Annual report. Sec. 427. Relationship to General Education Provisions Act. Sec. 428. Authorization of appropriations.

TITLE V--TRANSITIONAL, SAVINGS, AND CONFORMING

PROVISIONS

Sec. 501. Transfer and allocation of appropriations and personnel. Sec. 502. Effect on personnel. Sec. 503. Agency terminations. Sec. 504. Incidental transfers. Sec. 505. Savings provisions. Sec. 506. Separability. Sec. 507. Reference. Sec. 508. Amendments. Sec. 509. Redesignation. Sec. 510. Coordination of programs affecting handicapped individuals. Sec. 511. Transition.

TITLE VI-- EFFECTIVE DATE AND INTERIM APPOINTMENTS

Sec. 601. Effective date. Sec. 602. Interim appointments.

TITLE I--GENERAL PROVISIONS FINDINGS

Sec. 101. // 20 USC 3401. // The Congress finds that--,

(1) education is fundamental to the development of individual citizens and the progress of the Nation;

(2) there is a continuing need to ensure equal access for all Americans to educational opportunities of a high quality, and such educational opportunities should not be denied because of race, creed, color, national origin, or sex;

(3) parents have the primary responsibility for the education of their children, and States, localities, and private institutions have the primary responsibility for supporting that parental role;

(4) in our Federal system, the primary public responsibility for education is reserved respectively to the States and the local school systems and other instrumentalities of the States;

(5) the American people benefit from a diversity of educational settings, including public and private schools, libraries, museums and other institutions, the workplace, the community, and the home;

(6) the importance of education is increasing as new technologies and alternative approaches to traditional education are considered, as society becomes more complex, and as equal opportunities in education and employment are promoted;

(7) there is a need for improvement in the management and coordination of Federal education programs to support more effectively State, local, and private institutions, students, and parents in carrying out their educational responsibilities;

(8) the dispersion of education programs across a large number of Federal agencies has led to fragmented, duplicative, and often inconsistent Federal policies relating to education;

(9) Presidential and public consideration of issues relating to Federal education programs is hindered by the present organizational position of education programs in the executive branch of the Government; and

(10) there is no single, full-time, Federal education official directly accountable to the President, the Congress, and the people.

PURPOSE

Sec. 102. // 20 USC 3402. // The Congress declares that the establishment of a Department of Education is in the public interest, will promote the general welfare of the United States, will help ensure that education issues receive proper treatment at the Federal level, and will enable the Federal Government to coordinate its education activities more effectively. Therefore, the purposes of this Act are--,

(1) to strengthen the Federal commitment to ensuring access to equal educational opportunity for every individual;

(2) to supplement and complement the efforts of States, the local school systems and other instrumentalities of the States, the private sector, public and private educational institutions, public and private nonprofit educational research institutions, community-based organizations, parents, and students to improve the quality of education;

(3) to encourage the increased involvement of the public, parents, and students in Federal education programs;

(4) to promote improvements in the quality and usefulness of education through federally supported research, evaluation, and sharing of information;

(5) tto improve the coordination of Federal education programs;

(6) to improve the management and efficiency of Federal education activities, especially with respect to the process, procedures, and administrative structures for the dispersal of Federal funds, as well as the reduction of unnecessary and duplicative burdens and constraints, including unnecessary paperwork, on the recipients of Federal funds; and

(7) to increase the accountability of Federal education programs to the President, the Congress, and the public.

FEDERAL- STATE RELATIONSHIPS

Sec. 103 // 20 USC 3403. // (a) It is the intention of the Congress in the establishment of the Department to protect the rights of State and local governments and public and private educational institutions in the areas of educational policies and administration of programs and to strengthen and improve the control of such governments and institutions over their own educational programs and policies. The establishment of the Department of Education shall not increase the authority of the Federal Government over education or diminish the responsibility for education which is reserved to the States and the local school systems and other instrumentalities of the States.

(b) No provision of a program administered by the Secretary or by any other officer of the Department shall be construed to authorize the Secretary or any such officer to exercise any direction, supervision, or control over the curriculum, program of instruction, administration, or personnel of any educational institution, school, or school system, over any accrediting agency or association, or over the selection or content of library resources, textbooks, or other instructional materials by any educational institution or school system, except to the extent authorized by law.

(c) The Secretary shall not, during the period within eight months after the effective date of this Act, take any action to withhold, suspend, or terminate funds under any program transferred by this Act by reason of the failure of any State to comply with any applicable law requiring the administration of such a program through a single organizational unit.

DEFINITIONS

Sec. 104 // 20 USC 3404. // As used in this Act, unless otherwise provided or indicated by the context--,

(1) the term " Department" means the Department of Education or any component thereof;

(2) the term " Secretary" means the Secretary of Education;

(3) the term " Under Secretary" means the Under Secretary of Education;

(4) the term "function" includes any duty, obligation, power, authority, responsibility, right, privilege, activity, or program;

(5) the term " State" includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands;

(6) the terms "private" and "private educational" refer to independent, nonpublic, and private institutions of elementary, secondary, and postsecondary education; and

(7) the term "office" includes any office, institute, council, unit, organizational entity, or component thereof.

TITLE II-- ESTABLISHMENT OF THE DEPARTMENT ESTABLISHMENT

Sec. 201. // 20 USC 3411. // There is established an executive department to be known as the Department of Education. The Department shall be administered, in accordance with the provisions of this Act, under the supervision and direction of a Secretary of Education. The Secretary shall be appointed by the President, by and with the advice and consent of the Senate.

PRINCIPAL OFFICERS

Sec. 202. // 20 USC 3412. // (a)(1) There shall be in the Department an Under Secretary of Education who shall be appointed by the President, by and with the advice and consent of the Senate. During the absence or disability of the Secretary, or in the event of a vacancy in the office of the Secretary, the Under Secretary shall act as Secretary. The Secretary shall designate the order in which other officials of the Department shall act for and perform the functions of the Secretary during the absence or disability of both the Secretary and Under Secretary or in the event of vacancies in both of those offices.

(2)(A) The Under Secretary shall have responsibility for the conduct of intergovernmental relations of the Department, including assuring (i) that the Department carries out its functions in a manner which supplements and complements the education policies, programs, and procedures of the States and the local school systems and other instrumentalities of the States, and (ii) that appropriate officials of the Department consult with individuals responsible for making policy relating to education in the States and the local school systems and other instrumentalities of the States concerning differences over education policies, programs, and procedures and concerning the impact of the rules and regulations of the Department on the States and the local school systems and other instrumentalities of the States.

(B) Local education authorities may inform the Under Secretary of any rules or regulations of the Department which are in conflict with another rule or regulation issued by any other Federal department or agency or with any other office of the Department. If the Under Secretary determines, after consultation with the appropriate Federal department or agency, that such a conflict does exist, the Under Secretary shall report such conflict or conflicts to the appropriate Federal department or agency together with recommendations for the correction of the conflict.

(b)(1) There shall be in the Department--,

(A) an Assistant Secretary for Elementary and Secondary Education;

(B) an Assistant Secretary for Postsecondary Education;

(C) an Assistant Secretary for Vocational and Adult Education;

(D) an Assistant Secretary for Special Education and Rehabilitative Services;

(E) an Assistant Secretary for Educational Research and Improvement;

(F) an Assistant Secretary for Civil Rights; and

(G) a General Counsel.

(2) Each of the Assistant Secretaries and the General Counsel shall be appointed by the President, by and with the advice and consent of the Senate.

(c) There shall be in the Department an Inspector General appointed in accordance with the Inspector General Act of 1978 (as amended by section 508(n) of this Act).

(d) There shall be in the Department four additional officers who shall be appointed by the President, by and with the advice and consent of the Senate. The officers appointed under this subsection shall perform such functions as the Secretary shall prescribe, including--,

(1) congressional relations functions;

(2) public information functions, including the provision, through the use of the latest technologies, of useful information about education and related opportunities to students, parents, and communities;

(3) functions related to monitoring parental and public participation in programs where such participation is required by law, and encouraging the involvement of parents, students, and the public in the development and implementation of departmental programs;

(4) management and budget functions;

(5) planning, evaluation, and policy development functions, including development of policies to promote the efficient and coordinated administration of the Department and its programs and to encourage improvements in education; and

(6) functions related to encouraging and promoting the study of foreign languages and the study of cultures of other countries at the elementary, secondary, and postsecondary levels.

(e) There shall be in the Department an Administrator of Education for Overseas Dependents.

(f) Whenever the President submits the name of an individual to the Senate for confirmation as an officer of the Department under this section, the President shall state the particular functions of the Department such individual will exercise upon taking office.

(g) Each officer of the Department established under this section shall report directly to the Secretary and shall, in addition to any functions vested in or required to be delegated to such officer, perform such additional functions as the Secretary may prescribe.

OFFICE FOR CIVIL RIGHTS

Sec. 203. // 20 USC 3413. // (a) There shall be in the Department an Officer for Civil Rights, to be administered by the Assistant Secretary for Civil Rights appointed under section 202(b). Notwithstanding the provisions of section 412 of this Act, the Secretary shall delegate to the Assistant Secretary for Civil Rights all functions, other than administrative and support functions, transferred to the Secretary under section 301(a)(3).

(b)(1) The Assistant Secretary for Civil Rights shall make an annual report to the Secretary, the President, and the Congress summarizing the compliance and enforcement activities of the Office for Civil Rights and identifying significant civil rights or compliance problems as to which such Office has made a recommendation for corrective action and as to which, in the judgment of the Assistant Secretary, adequate progress is not being made.

(2) Notwithstanding any other provision of law, the report required by paragraph (1) shall be transmitted to the Secretary, the President, and the Congress by the Assistant Secretary for Civil Rights without further clearance or approval. The Assistant Secretary shall provide copies of the report required by paragraph (1) to the Secretary sufficiently in advance of its submission to the President and the Congress to provide a reasonable opportunity for comments of the Secretary to be appended to the report.

(c) In addition to the authority otherwise provided under this section, the Assistant Secretary for Civil Rights, in carrying out the provisions of this section, is authorized--,

(1) to collect or coordinate the collection of data necessary to ensure compliance with civil rights laws within the jurisdiction of the Office for Civil Rights;

(2) to select, appoint, and employ such officers and employees, including staff attorneys, as may be necessary to carry out the functions of such Office, subject to the provisions of title 5, United States Code,

// 5 USC 5101 //

governing appointments in the competitive service and the provisions of chapter 51 and subchapter III of chapter 53

// 5 USC 5331. //

of such title relating to classification and General Schedule pay rates;

(3) to enter into contracts and other arrangements for audits, studies, analyses, and other services with public agencies and with private organizations and persons, and to make such payments as may be necessary to carry out the compliance and enforcement functions of such Office; and

(4) notwithstanding any other provision of this Act, to obtain services as authorized by section 3109 of title 5, United States Code, at a rate not to exceed the equivalent daily rate payable for grade GS-18 of the General Schedule under section 5332 of such title.

// 3 CFR 1978 //

OFFICE OF ELEMENTARY AND SECONDARY EDUCATION

Sec. 204. // 20 USC 3414. // There shall be in the Department an Office of Elementary and Secondary Education, to be administered by the Assistant Secretary for Elementary and Secondary Education appointed under section 202(b). The Assistant Secretary shall administer such functions affecting elementary and secondary education, both public and private, as the Secretary shall delegate.

OFFICE OF POSTSECONDARY EDUCATION

Sec. 205. // 20 USC 3415. // There shall be in the Department an Office of Postsecondary Education, to be administered by the Assistant Secretary for Postsecondary Education appointed under section 202(b). The Assistant Secretary shall administer such functions affecting postsecondary education, both public and private, as the Secretary shall delegate, and shall serve as the principal adviser to the Secretary on matters affecting public and private postsecondary education.

OFFICE OF VOCATIONAL AND ADULT EDUCATION

Sec. 206. // 20 USC 3416. // There shall be in the Department an Office of Vocational and Adult Education, to be administered by the Assistant Secretary for Vocational and Adult Education appointed under section 202(b). The Assistant Secretary shall administer such functions affecting vocational and adult education as the Secretary shall delegate, and shall serve as principal adviser to the Secretary on matters affecting vocational and adult education. The Secretary, through the Assistant Secretary, shall also provide a unified approach to rural education and rural family education through the coordination of programs within the Department and shall work with the Federal Interagency Committee on Education to coordinate related activities and programs of other Federal departments and agencies.

OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE

SERVICES

Sec. 207. // 20 USC 3417. // There shall be in the Department an Office of Special Education and Rehabilitative Services, to be administered by the Assistant Secretary for Special Education and Rehabilitative Services appointed under section 202(b). Notwithstanding the provisions of section 412, the Secretary shall delegate to the Assistant Secretary all functions, other than administrative and support functions, transferred to the Secretary under section 301(a)(1) (with respect to the bureau for the education and training of the handicapped), 301(a)(2)(H), and 301(a)(4).

OFFICE OF EDUCATION FOR OVERSEAS DEPENDENTS

Sec. 208. // 20 USC 3418. // There shall be in the Department an Office of Educational for Overseas Dependents, to be administered by the Administrator of Education for Overseas Dependents appointed under section 202(e). Notwithstanding the provisions of section 412, the Secretary shall delegate to the Administrator all functions, other than administrative and support functions, transferred to the Secretary under section 302.

OFFICE OF EDUCATIONAL RESEARCH AND IMPROVEMENT

Sec. 209. There shall be in the Department an Office of Educational Research and Improvement, to be administered by the Assistant Secretary for Educational Research and Improvement appointed under section 202( b). The Assistant Secretary shall administer such functions concerning research, development, demonstration, dissemination, evaluation, and assessment activities as the Secretary shall delegate.

OFFICE OF BILINGUAL EDUCATION AND MINORITY

LANGUAGES AFFAIRS

Sec. 210. // 20 USC 3420 // There shall be in the Department an Office of Bilingual Education and Minority Languages Affairs, to be administered by a Director of Bilingual Education and Minority Languages Affairs, who shall be appointed by the Secretary. The Director shall coordinate the administration of bilingual education programs by the Department and shall consult with the Secretary concerning policy decisions affecting bilingual education and minority languages affairs. The Director shall report directly to the Secretary, and shall perform such additional functions as the Secretary may prescribe.

OFFICE OF GENERAL COUNSEL

Sec. 211. // 20 USC 3421. // There shall be in the Department an Office of General Counsel, to be administered by the General Counsel appointed under section 202(b). The General Counsel shall provide legal assistance to the Secretary concerning the programs and policies of the Department.

OFFICE OF INSPECTOR GENERAL

Sec. 212. // 20 USC 3422. // There shall be in the Department an Office of Inspector General, established in accordance with the Inspector General Act of 1978 (as amended by section 508(n) of this Act). // 92 Stat. 1101. 5 USC app. //

INTERGOVERNMENTAL ADVISORY COUNCIL ON EDUCATION

Sec. 213. // 20 USC 3423. // (a) There shall be in the Department an advisory committee to be known as the Intergovernmental Advisory Council on Education (hereafter referred in this section as the Council"). The Council shall provide assistance and make recommendations to the Secretary and the President concerning intergovernmental policies and relations relating to education.

(b)(1) In carrying out its functions under subsection (a), the Council shall--,

(A) provide a forum for representative of Federal, State, and local governments and public and private educational entities to discuss educational issues;

(B) make recommendations for the improvement of the administration and operation of Federal education and education related programs;

(C) promote better intergovernmental relations;

(D) submit, biennially or more frequently (if determined necessary by the Council), a report to the Secretary, the President, and the Congress (i) reviewing the impact of Federal education activities upon State and local governments and public and private educational institutions, including an assessment of compliance with section 103 of this Act and of any change in the Federal role in education, and (ii) assessing both the extent to which Federal objectives are achieved and any adverse consequences of Federal actions.

(2) In carrying out its functions under subsection (a), the Council may review existing and proposed rules or regulations of the Department concerning Federal education programs in order to determine the impact or potential impact of such rules or regulations on State and local governments and public and private educational institutions. The Council may submit to the Secretary a report containing the results of its review of any existing or proposed rule or regulation. If a report by the Council concerns a proposed rule or regulation, it shall be submitted to the Secretary within the time established for public comment on the proposed rule or regulation, and shall be placed in the file of the proceeding concerning the proposed rule or regulation.

(c)(1) The Council shall be composed of twenty members, appointed by the President as follows:

(A) six elected State and local officials with general government responsibilities;

(B) five representatives of public and private elementary and secondary education, from among board members, chief education officials, administrators, and teachers;

(C) five representatives of public and private postsecondary education, from among board members, chief education officials, administrators, and professors; and

(D) four members of the public, including parents of students and students.

(2) In making appointments under this subsection, the President shall--,

(A) consult with representatives of the groups specified in subparagraphs (A) through (D) of paragraph (1); and

(B) select individuals who represent a diversity of geographic areas and demographic characteristics.

(3) The Under Secretary shall be an ex officio member of the Council.

(4) The term of office of a member of the Council shall be four years, except that--,

(A) no member serving pursuant to paragraph (1)(A) of this subsection may serve on the Council beyond the period that such member holds an office qualifying such member for appointment under such paragraph; and

(B) the President shall divide the initial appointments to the Council into four groups of five members each for initial terms of one, two, three, and four years.

(5) The President shall designate one member to chair the Council.

(6) Any vacancy in the Council shall not affect its authority.

(d) The Council shall nominate and the Secretary shall appoint an executive director for the Council. The Secretary shall provide the Council with such other staff, facilities, services, and support as may be necessary to enable the Council to carry out its duties under this section.

FEDERAL INTERAGENCY COMMITTEE ON EDUCATION

Sec. 214. // 20 USC 3424. // (a) There is established a Federal Interagency Committee on Education (hereafter referred to in this section as the " Committee"). The Committee shall assist the Secretary in providing a mechanism to assure that the procedures and actions of the Department and other Federal departments and agencies are fully coordinated.

(b) The Committee shall study and make recommendations for assuring effective coordination of Federal programs, policies, and administrative practices affecting education, including--,

(1) consistent administration and development of policies and practices among Federal agencies in the conduct of related programs;

(2) full and effective communication among Federal agencies to avoid unnecessary duplication of activities and repetitive collection of date;

(3) full and effective cooperation with the Secretary on such studies and analyses as are necessary to carry out the purposes of this Act;

(4) coordination of related programs to assure that recipients of Federal assistance are efficiently and responsively served; and

(5) full and effective involvement and participation of students and parents in Federal education programs.

(c) The Committee shall be composed of the Secretary, who shall chair the Committee, and senior policy making official from those Federal agencies, commissions, and boards that the President may find appropriate.

(d) The Director of the Office of Management and Budget, the Chairman of the Council of Economic Advisers, the Director of the Office of Science and Technology Policy, and the Executive Director of the Domestic Policy Staff may each designate a staff member to attend meetings of the Committee.

(e) The Committee shall conduct a study concerning the progress, effectiveness, and accomplishments of Federal vocational education and training programs, and the need for improved coordination between all federally funded vocational education and training programs. The Committee shall report the findings of such study to the Secretary and the Congress within two years of the date of enactment of this Act.

(f) The Committee shall meet at least twice each year. The Secretary may establish subcommittees of the Committee to facilitate coordination in important areas of Federal activity.

(g) The Secretary and the head of each agency represented on the Committee under subsection (c) shall furnish necessary assistance to the Committee.

TITLE III-- TRANSFERS OF AGENCIES AND FUNCTIONS TRANSFERS FROM THE DEPARTMENT OF HEALTH, EDUCATION,

AND

WELFARE

Sec. 301. // 20 USC 3441. // (a) There are transferred to the Secretary--,

(1) all functions of the Assistant Secretary for Education and of the Commissioner of Education of the Department of Health, Education, and Welfare, and all functions of the Office of such Assistant Secretary and of the Education Division of the Department of Health, Education, and Welfare and of any officer or component of such Office or Division;

(2) all functions of the Secretary of Health, Education, and Welfare and of the Department of Health, Education, and Welfare under--,

(A) the General Education Provisions Act;

// 20 USC 1221. //

(B) the Elementary and Secondary Education Act

of 1965;

// 20 USC 821 //

(C) the Higher Education Act of 1965;

// 20 USC 1001 //

(D) the Education Amendments of 1978;

// 92 Stat. 2143. //

(E) the Act of August 30, 1890 (7 U.S.C. 321 - 328);

// 20 USC 2701 //

(F) the National Defense Education Act of 1958;

// 20 USC 401 //

(G) the International Education Act of 1966;

// 20 USC 1171 //

(H) the Education of the Handicapped Act;

// 20 USC 871 //

(I) part B of title V of the Economic Opportunity

Act of

1964;

// 42 USC 2929. //

(J) the National Commission on Libraries and

Information

Science Act;

// 20 USC 1501 //

(K) the Vocational Education Act of 1963;

// 20 USC 2301 //

(L) the Career Education Incentive Act;

// 20 USC 2601 //

(M) laws relating to the relationship between (i)

Gallaudet

College, Howard University, the American Printing

House

for the Blind, and the National Technical Institute

for the

Deaf, and (ii) the Department of Health, Education,

and

Welfare;

(N) the Model Secondary School for the Deaf Act;

// D.C. Code 31 - 1051 //

(O) subpart A of part IV of title III of the

Communications

Act of 1934

// 47 USC 390. //

with respect to the telecommunications demonstration program; (P) section 203(k) of the Federal Property and

Administrative

Services Act of 1949

// 40 USC 484. //

with respect to donations of surplus

property for educational purposes; and

(Q) the Alcohol and Drug Abuse Education Act;

// 21 USC 1001 //

(3) all functions of the Secretary of Health, Education, and Welfare and of the Department of Health, Education, and Welfare with respect to or being administered by the Office for Civil Rights which relate to functions transferred by this section;

(4)(A) all functions of the Secretary of Health, Education, and Welfare and of the Department of Health, Education, and Welfare under the Rehabilitation Act of 1973,

// 29 USC 701 //

except that the provisions of this subparagraph shall not be construed to transfer to the Secretary the functions of the Secretary of Health, Education, and Welfare under sections 222 and 1615 of the Social Security Act;

// 42 USC 422, 1382d. //

(B) all functions with respect to or being administered by the Secretary of Health, Education, and Welfare through the Commissioner of Rehabilitation Services under the Act of June 20, 1936, commonly referred to as the Randolph-Sheppard Act (20 U.S. C. 107 et seq.);

(C) all functions of the Commissioner of Rehabilitation and the Director of the National Institute of Handicapped Research of the Department of Health, Education, and Welfare under the Rehabilitation Act of 1973;

(5) all functions of the Institute of Museum Services of the Department of Health, Education, and Welfare, and of the Director thereof;

(6) all functions of the Advisory Council on Education Statistics; and

(7) all functions of the Federal Education Data Acquisition Council.

(b) There are transferred to the Department--,

(1) all offices in the Office of the Assistant Secretary for Education or in the Education Division of the Department of Health, Education, and Welfare;

(2) all offices in the Department of Health, Education, and Welfare established under the provisions of law listed in subparagraphs (A) through (Q) of subsection (a)(2);

(3) all offices in the Department of Health, Education, and Welfare established under the Rehabilitation Act of 1973;

(4) the Institue of Museum Services of the Department of Health, Education, and Welfare;

(5) the Advisory Council on Education Statistics;

(6) the Federal Education Data Acquisition Council; and

(7) any advisory committee of the Department of Health, Education, and Welfare giving advice or making recommendations that primarily concern education functions transferred by this section.

(c) There are transferred to the Secretary all functions of the Secretary of Health, Education, and Welfare, the Assistant Secretary for Education, or the Commissioner of Education of the Department of Health, Education, and Welfare, as the case may be, with respect to--,

(1) the Education Division of the Department of Health, Education, and Welfare;

(2) the Office of the Assistant Secretary for Education, including the National Center for Education Statistics; and

(3) any advisory committee in the Department of Health, Education, and Welfare giving advice and making recommendations principally concerning education functions transferred by this section.

(d) Nothing in the provisions of this section or in the provisions of this Act shall authorize the transfer of functions under part A of title V of the Economic Opportunity Act of 1964, // 42 USC 2928. // relating to Project Head Start, from the Secretary of Health, Education, and Welfare to the Secretary.

TRANSFERS FROM THE DEPARTMENT OF DEFENSE

Sec. 302. // 20 USC 3442. // (a) Notwithstanding the provisions of section 601 of this Act, at such time not later than three years after the effective date of this Act, and in such manner, as the President may designate, there shall be transferred to the Secretary all functions of the Secretary of Defense and of the Department of Defense (or any officer or component thereof) relating to the operation of overseas schools for dependents of the Department of Defense and all functions of the Secretary of Defense and of the Department of Defense (or any officer or component thereof) under the Defense Dependents' Education Act of 1978. // 92 Stat. 2365. // There shall be transferred to the Department the offices established by such Act. // 20 USC 921. //

(b) In addition to any other authority available to the Secretary under this or any other Act, the authority of the Secretary of Defense and the Secretaries of the military departments under the Defense Department Overseas Teachers Pay and Personnel Practices Act // 20 USC 901 // shall be available to the Secretary with respect to the functions transferred under subsection (a).

(c) Not later than one year after the effective date of this Act, the Secretary, after consultation with the Secretary of Defense, shall transmit to the Congress a plan for effecting the transfer of functions under this section and administering those functions. In designing the plan, the Secretary shall also consult with representatives of organizations of parents of students enrolled in overseas dependents' schools and representatives of professional employee organizations and administrators of such schools. The plan shall contain recommendations for increasing the participation of parents, teachers, students, school administrators, and members of the Armed Forces in the administration and operation of the schools transferred under this section.

(d) Nothing in this Act shall be construed to give the Secretary authority to operate overseas institutions of higher education.

TRANSFERS FROM THE DEPARTMENT OF LABOR

Sec. 303. // 20 USC 3443. // (a) Notwithstanding the provisions of section 601 of this Act, there shall be transferred to the Secretary, at such time on or after the effective date of this Act as the Secretary certifies that there has been established in the Department a single component responsible for the administration and the coordination of programs relating to the education of migrants, all functions of the Secretary of Labor or the Department of Labor under section 303(c)(2) of the Comprehensive Employment and Training Act. // 29 USC 873. //

(b) The Secretary is authorized to conduct the functions transferred by subsection (a).

TRANSFERS OF PROGRAMS FROM THE NATIONAL SCIENCE

FOUNDATION

Sec. 304. // 20 USC 3444. // (a)(1) There are transferred to the Secretary all programs relating to science education of the National Science Foundation or the Director of the National Science Foundation established prior to the effective date of this Act pursuant to the National Science Foundation Act of 1950, // 42 USC 1861 // except the programs or parts of programs, as determined after review by the Director of the Office of Science and Technology Policy and the Director of the National Science Foundation, which relate to--,

(A) scientific career development;

(B) the continuing education of scientific personnel;

(C) increasing the participation of women, minorities, and the handicapped in careers in science;

(D) the conduct of basic and applied research and development applied to science learning at all educational levels and the dissemination of results concerning such research and development; and

(E) informing the general public of the nature of science and technology and of attendant values and public policy issues.

(2) Except as provided in paragraph (1), no mission oriented research functions or programs of the National Science Foundation or any other Federal agency shall be transferred by this Act.

(b) The Secretary is authorized to conduct the programs transferred by subsection (a). In conducting such programs the Secretary shall consult, as appropriate, with the Director of the National Science Foundation, and shall establish advisory mechanisms designed to assure that scientists and engineers are fully involved in the development, implementation, and review of science education programs.

(c) The annual report to Le transmitted by the Secretary pursuant to section 426 shall include a description of arrangements, developed by the Secretary in consultation with the Director of the National Science Foundation, for coordinated planning and operation of science education programs, including measures to facilitate the implementations of successful innovations.

(d) Nothing in this section is intended to repeal or limit the authority of the National Science Foundation or the Director of the National Science Foundation to initiate and conduct programs under the National Science Foundation Act of 1950.

TRANSFERS FROM THE DEPARTMENT OF JUSTICE

Sec. 305. // 20 USC 3445. // There are transferred to the Secretary all functions of the Attorney General and of the Law Enforcement Assistance Administration with regard to the student loan and grant programs known as the law enforcement education program and the law enforcement intern program authorized by subsections (b), (c), and (f) of section 406 of the Omnibus Crime Control and Safe Streets Act of 1968. // 42 USC 3746. //

TRANSFERS FROM THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Sec. 306. // 20 USC 3446 // There are transferred to the Secretary all functions relating to college housing loans of the Secretary of Housing and Urban Development and of the Department of Housing and Urban Development under title IV of the Housing Act of 1950. // 12 USC 1749. //

EFFECT OF TRANSFERS

Sec. 307. // 20 USC 3447. // The transfer of a function or office from an officer or agency to the Secretary or to the Department includes any aspects of such function or office vested in a subordinate of such officer or in a component of such agency.

TITLE IV-- ADMINISTRATIVE PROVISIONS Part A--Personnel Provisions OFFICERS AND EMPLOYEES

Sec. 401. // 20 USC 3461. // (a) The Secretary is authorized to appoint and fix the compensation of such officers and employees, including attorneys, as may be necessary to carry out the functions of the Secretary and the Department. Except as otherwise provided by law, such officers and employees shall be appointed in accordance with the civil service laws and their compensation fixed in accordance with title 5 of the United States Code.

(b)(1) At the request of the Secretary, the Director of the Office of Personnel Management shall, under section 5108 of title 5, United States Code, provide for the establishment in each of the grade levels GS-16, GS-17, and GS-18 of a number of positions in the Department equal to the number of positions in that grade level which were used primarily for the performance of functions and offices transferred under this Act and which were assigned and filled on on the day before the effective date of this Act.

(2) At the request of the Secretary, the Director of the Office of Personnel Management shall, under section 3104 of title 5, United States Code, provide for the establishment in the Office created by section 209 of this Act of a number of scientific, professional, and technical positions outside of the General Schedule equal to the number of such positions which were used primarily for the performance of functions and offices transferred under this Act and which were assigned and filled on the day before the effective date of this Act.

(3) Appointments to positions provided for under this subsection may be made without regard to the provisions of section 3324 of title 5 of the United States Code, if the individual appointed in such position is an individual who is transferred in connection with the transfer of functions and offices under this Act and, on the day preceding the effective date of this Act, holds a position and has duties comparable to those of the position to which appointed hereunder.

(4) The authority under this subsection with respect to any position shall terminate when the person first appointed to fill such position ceases to hold such position.

(5) For purposes of section 414(a)(3)(A) of the Civil Service Reform Act of 1978, // 92 Stat. 1177. // an individual appointed under this subsection shall be deemed to occupy the same position as the individual occupied on the day preceding the effective date of this Act.

(c) The Secretary may appoint, without regard to the provisions of title 5, United States Code, governing appointment in the competitive service, up to 175 scientific, technical, or professional employees of the Office created by section 209 of this Act and may compensate employees so appointed without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title // 5 USC 5101 // relating to classification and General Schedule pay rates. The rate of basic compensation for such employees shall not be equal to or in excess of the minimum rate of pay currently paid for GS-16 of the General Schedule under section 5332 of such title. // 3 CFR 1978 //

(d) Notwithstanding any other provision of law, the Director of the Office of Personnel Management shall establish positions within the Senior Executive Service for 15 limited-term appointees. The Secretary shall appoint individuals to such positions as provided by section 3394 of title 5, United States Code. Such positions shall expire on the later of three years after the effective date of this Act or three years after the initial appointment to each position. Positions in effect under this subsection shall be taken into account in applying the limitations on positions prescribed under section 3134(e) and section 5108 of such title.

(e) Nothing in this Act shall be construed to prevent the application of any Indian preference law in effect on the day before the date of enactment of this Act to any function or office transfered by this Act and subject to any such law on the day before the date of enactment of this Act. Any function or office transferred by this Act and subject to any such law shall continue to be subject to any such law.

(f) For purposes of any status of forces agreement between the United States and any other country or any international organization, any reference to "civilian component" shall be deemed to include a reference to overseas personnel of the overseas dependents' education system.

EXPERTS AND CONSULTANTS

Sec. 402. // 20 USC 3462. // The Secretary may as provided in appropriation Acts obtain the services of experts and consultants in accordance with the provisions of section 3109 of title 5, United States Code, and may compensate such experts and consultants at rates not to exceed the daily rate prescribed for GS-18 of the General Schedule under section 5332 of such title. // 3 CFR 1978 //

PERSONNEL REDUCTION AND ANNUAL LIMITATIONS

Sec. 403. // 20 USC 3463. // (a)(1) Notwithstanding any other provision of this Act, there shall be included in each appropriation Act containing appropriations for the administration of the Department for any fiscal year beginning after September 30, 1981 (other than an appropriation Act containing only supplemental appropriations for the Department), an annual limitation on the total number of work-years for the personnel of the Department.

(2) The Secretary shall prescribe the allocation of the work-years available under paragraph (1) among the organizational units and components of the Department and shall, within 120 days after the enactment of an apropriation Act containing a work-year limitation, prepare and transmit to the Congress a report on such allocation. Such report shall include explanations and justifications for the allocations made by the Secretary and shall indicate the necessary personnel actions which will be required as a consequence of such allocation. Not later than 120 days after the conclusion of any fiscal year to which a work-year limitation established under paragraph (1) applies, the Secretary shall prepare and transmit to the Congress a report on compliance with such limitation indicating the total work-years actually expended by the Department and by the organizational units and components to which such work-years were allocated.

(3) If the President transmits any reorganization plan under chapter 9 of title 5, United States Code, // 5 USC 901 // which would result in the transfer of functions or offices to the Secretary or the Department, the message transmitting the plan shall include any adjustments which may be necessary in a work-year limitation established under paragraph (1) to reflect changes in the work-years required as a result of such plan.

(b) Not later than the end of the first fiscal year beginning after the effective date of this Act, the number of full-time equivalent personnel positions available for performing functions transferred to the Secretary or the Department by this Act shall be reduced by 500.

(c)(1) Computations required to be made for purposes of this section shall be made on the basis of all personnel employed by the Department, including experts and consultants employed under section 3109 of title 5, United States Code, and all other part-time and full-time personnel employed to perform functions of the Secretary or the Department, except personnel employed under special programs for students and disadvantaged youth (including temporary summer employment).

(2) The Director of the Office of Personnel Management shall, by rule, establish a method for computing work-years for personnel of the Department as described in paragraph (1).

(d) The Director of the Office of Personnel Management shall, as soon as practicable, but not later than one year after the effective date of this Act, prepare and transmit to the Congress a report on the effects on employees of the reorganization under this Act, which shall include--,

(1) an identification of any position within the Department or elsewhere in the executive branch, which it considers unnecessary due to consolidation of functions under this Act;

(2) a statement of the number of employees entitled to pay savings by reason of the organization under this Act;

(3) a statement of the number of employees who are voluntarily or involuntarily separated by reason of such reorganization;

(4) an estimate of the personnel costs associated with such reorganization;

(5) the effects of such reorganization on labor management relations; and

(6) such legislative and administrative recommendations for improvements in personnel management within the Department as the Director considers necessary.

Part B--General Administrative Provisions GENERAL AUTHORITY

Sec. 411. // 20 USC 3471. // (a) In carrying out any function transferred by this Act, the Secretary, or any officer or employee of the Department, may exercise any authority available by law (including appropriation Acts) with respect to such function to the official or agency from which such function is transferred, and the actions of the Secretary in exercising such authority shall have the same force and effect as when exercised by such official or agency.

(b)(1) The director of any office continued in the Department the director of which was required, prior to the effective date of this Act, to report to the Commissioner of Education or the Assistant Secretary for Education of the Department of Health, Education, and Welfare, shall report to the Secretary.

(2) The Secretary is authorized to delegate reporting requirements vested in the Secretary by paragraph (1) to any officer or employee of the Department.

DELEGATION

Sec. 412. // 20 USC 3472. // Except as otherwise provided in this Act, the Secretary may delegate any function to such officers and employees of the Department as the Secretary may designate, and may authorize such successive redelegations of such functions within the Department as may be necessary or appropriate. No delegation of functions by the Secretary under this section or under any other provision of this Act shall relieve the Secretary of responsibility for the administration of such functions.

REORGANIZATION

Sec. 413. // 20 USC 3473. // (a) The Secretary is authorized, subject to the requirements of section 202(f), to allocate or reallocate functions among the officers of the Department, and to establish, consolidate, alter, or discontinue such organizational entities within the Department as may be necessary or appropriate, but the authority of the Secretary under this subsection does not extend to--,

(1) any office, bureau, unit, or other entity transferred to the Department and established by statute or any function vested by statute in such an entity or officer of such an entity, except as provided in subsection (b);

(2) the abolition of organizational entities established by this Act; or

(3) the alteration of the delegation of functions to any specific organizational entity required by this Act.

(b)(1) The Secretary may, in accordance with paragraph (2) of this subsection, consolidate, alter, or discontinue any of the following statutory entities, or reallocate any functions vested by statute in the following statutory entities:

(A) the Office of Bilingual Education;

(B) the Teacher Corps;

(C) the Community College Unit;

(D) the National Center for Education Statistics;

(E) the National Institute of Education;

(F) the Office of Environmental Education;

(G) the Office of Consumers' Education;

(H) the Office of Libraries and Learning Resources;

(I) the Office of Indian Education;

(J) the Office of Career Education;

(K) the Office of Non-Public Education;

(L) the bureau for the education and training for the handicapped;

(M) the Institute of Museum Services; and

(N) the administrative units for guidance and counseling programs, the veterans' cost of instruction program, and the program for the gifted and talented children.

(2) The Secretary may alter, consolidate, or discontinue any organizational entity continued within the Department and described in paragraph (1) of this subsection or reallocate any function vested by statute in such an entity, upon the expiration of a period of ninety days after the receipt by the Committee on Labor and Human Resources of the Senate and the committee on Education and Labor of the House of Representatives of notice given by the Secretary containing a full and complete statement of the action proposed to be taken pursuant to this subsection and the facts and circumstances relied upon in support of such proposed action.

RULES

Sec. 414. // 20 USC 3474. // (a) The Secretary is authorized to prescribe such rules and regulations as the Secretary determines necessary or appropriate to administer and manage the functions of the Secretary or the Department.

(b) The Secretary, in promulgating rules and regulations as authorized by statute, shall prescribe such rules and regulations in accordance with chapter 5 of title 5, United States Code. // 5 USC 500 // Section 431 of the General Education Provisions Act // 20 USC 1232. // also shall apply to such rules and regulations to the extent applicable immediately prior to the effective date of this Act, and to rules and regulations promulgated with respect to programs transferred under sections 301(a) (1), (2), and (4), 302, 303, 304, 305, and 306.

CONTRACTS

Sec. 415. // 20 USC 3475. // (a) Subject to the provisions of the Federal Property and Administrative Services Act of 1949, // 40 USC 471 // the Secretary is authorized to make, enter into, and perform such contracts, grants, leases, cooperative agreements, or other similar transactions with Federal or other public agencies (including State and local governments) and private organizations and persons, and to make such payments, by way of advance or reimbursement, as the Secretary may determine necessary or appropriate to carry out functions of the Secretary or the Department.

(b) Notwithstanding any other provision of this Act, no authority to enter into contracts or to make payments under this title shall be effective except to such extent or in such amounts as are provided in advance under appropriation Acts. This subsection shall not apply with respect to the authority granted under section 421.

REGIONAL AND FIELD OFFICES

Sec. 416. // 20 USC 3476. // The Secretary is authorized to establish, alter, discontinue, or maintain such regional or other field offices as the Secretary may find necessary or appropriate to perform functions of the Secretary or the Department.

ACQUISITION AND MAINTENANCE OF PROPERTY

Sec. 417. // 20 USC 3477. // (a) The Secretary is authorized--,

(1) to acquire (by purchase, lease, condemnation, or otherwise), construct, improve, repair, operate, and maintian--,

(A) schools and related facilities (but only to the

extent

that operation of schools and related facilities by the

Department

is authorized by this Act);

(B) laboratories; (C) research and testing sites and facilities; (D) quarters and related accommodations for employees and dependents of employees of the Department; and (E) personal property (including patents), or any

interest

therein,

as may be necessary; and

(2) to provide by contract or otherwise for the establishment of eating facilities and other necessary facilities for the health and welfare of employees of the Department at its installations, and purchase and maintain equipment therefor.

(b) The authority available to the Secretary of Health, Education, and Welfare under section 524 of the Education Amendments of 1976 // 20 USC 2564. // shall also be available to the Secretary.

(c) The authority granted by subsection (a) of this section shall be available only with respect to facilities of a special purpose nature that cannot readily be reassigned from similar Federal activities and are not otherwise available for assignment to the Department by the Administrator of General Services.

FACILITIES AT REMOTE LOCATIONS

Sec. 418. // 20 USC 3478. // (a) The Secretary is authorized to provide, construct, or maintain for employees and their dependents stationed at remote locations as necessary and when not otherwise available at such remote locations--,

(1) emergency medical services and supplies;

(2) food and other subsistence supplies;

(3) dining facilities;

(4) audiovisual equipment, accessories, and supplies for recreation and training;

(5) reimbursement for food, clothing, medicine, and other supplies furnished by such employees in emergencies for the temporary relief of distressed persons;

(6) living and working quarters and facilities; and

(7) transportation for dependents of employees of the Department to the nearest appropriate educational facilities.

(b) The furnishing of medical treatment under paragraph (1) of subsection (a) and the furnishing of services and supplies under paragraphs (2), (3), and (4) of subsection (a) shall be at prices reflecting reasonable value as determined by the Secretary.

(c) Proceeds from reimbursements under this section may be credited to the appropriation of funds that bear or will bear all or part of the cost of such work or services or used to refund excess sums when necessary.

USE OF FACILITIES

Sec. 419. // 20 USC 3479. // (a)(1) With their consent, the Secretary may, with or without reimbursement, use the research, equipment, services, and facilities of any agency or instrumentality of the United States, of any State or political subdivision thereof, or of any foreign government, in carrying out any function of the Secretary or the Department.

(2) Notwithstanding the transfer of functions from the Secretary of Defense to the Secretary under section 302 (and the consequent transfer of personnel), all personnel performing such functions shall be treated, for the purpose of access to services and facilities provided by the Department of Defense, as employees of the Department of Defense.

(b) The Secretary is authorized to permit public and private agencies, corporations, associations, organizations, or individuals to use any real property, or any facilities, structures, or other improvements thereon, under the custody and control of the Secretary for Department purposes. The Secretary shall permit the use of such property, facilities, structures, or improvements under such terms and rates and for such period as may be in the public interest, except that the periods of such uses may not exceed five years. The Secretary may require permittees under this section to recondition and maintain, at their own expense, the real property, facilities, structures, and improvements used by such permittees to a standard satisfactory to the Secretary. This subsection shall not apply to excess property as defined in section 3(e) of the Federal Property and Administrative Services Act of 1949. // 40 USC 472. //

(c) Proceeds from reimbursements under this section may be credited to the appropriation of funds that bear or will bear all or part of the cost of such equipment or facilities provided or to refund excess sums when necessary.

(d) Any interest in real property acquired pursuant to this Act shall be acquired in the name of the United States Government.

COPYRIGHTS AND PATENTS

Sec. 420. // 20 USC 3480. // The Secretary is authorized to acquire any of the following described rights if the property acquired thereby is for use by or for, or useful to, the Department:

(1) copyrights, patents, and applications for patents, designs, processes, and manufacturing data;

(2) licenses under copyrights, patents, and applications for patents; and

(3) releases, before suit is brought, for past infringement of patents or copyrights.

GIFTS AND BEQUESTS

Sec. 421. // 20 USC 3481. // The Secretary is authorized to accept, hold, administer, and utilize gifts, bequests and devises of property, both real and personal, for the purpose of aiding or facilitating the work of the Department. Gifts, bequests, and devises of money and proceeds from sales of other property received as gifts, bequests, or devises shall be deposited in the Treasury and shall be available for disbursement upon the order of the Secretary.

TECHNICAL ADVICE

Sec. 422. // 20 USC 3482. // (a) The Secretary is authorized, upon request, to provide advice, counsel, and technical assistance to applicants or potential applicants for grants and contracts and other interested persons with respect to any functions of the Secretary or the Department.

(b) The Secretary may permit the consolidation of applications for grants or contracts with respect to two or more functions of the Secretary or the Department, but such conslidation shall not alter the statutory criteria for approval of applications for funding with respect to such functions.

WORKING CAPITAL FUND

Sec. 423. // 20 USC 3483. // (a) The Secretary, with the approval of the Director of the Office of Management and Budget, is authorized to establish for the Department a working capital fund, to be available without fiscal year limitation, for expenses necessary for the maintenance and operation of such common administrative services as the Secretary shall find to be desirable in the interests of economy and efficiency, including such services as--,

(1) a central supply service for stationery and other supplies and equipment for which adequate stocks may be maintained to meet in whole or in part the requirements of the Department and its components;

(2) central messenger, mail, telephone, and other communications services;

(3) office space, central services for document reproduction, and for graphics and visual aids; and

(4) a central library service.

(b) The capital of the fund shall consist of any appropriations made for the purpose of providing working capital and the fair and reasonable value of such stocks of supplies, equipment, and other assets and inventories on order as the Secretary may transfer to the fund, less the related liabilities and unpaid obligations. Such funds shall be reimbursed in advance from available funds of agencies and offices in the Department, or from other sources, for supplies and services at rates that will approximate the expense of operation, including the accrual of annual leave and the depreciation of equipment. The fund shall also be credited with receipts from sale or exchange of property and receipts in payment for loss or damage to property owned by the fund. There shall be covered into the Treasury as miscellaneous receipts any surplus of the fund (all assets, liabilities, and prior losses considered) above the amounts transferred or appropriated to establish and maintain such fund. There shall be transferred to the fund the stocks of supplies, equipment, other assets, liabilities, and unpaid obligations relating to the services which the Secretary determines, with the approval of the Director of the Office of Management and Budget, will be performed.

FUNDS TRANSFER

Sec. 424. // 20 USC 3484. // The Secretary may, when authorized in an appropriation Act in any fiscal year, transfer funds from one appropriation to another within the Department, except that no appropriation for any fiscal year shall be either increased or decreased pursuant to this section by more than 5 percent and no such transfer shall result in increasing any such appropriation above the amount authorized to be appropriated therefor.

SEAL OF DEPARTMENT

Sec. 425. // 20 USC 3485. // The Secretary shall cause a seal of office to be made for the Department of such design as the Secretary shall approve. Judicial notice shall be taken of such seal.

ANNUAL REPORT

Sec. 426. // 20 USC 3486. // (a) The Secretary shall, as soon as practicable after the close of each fiscal year, make a single, comprehensive report to the President for transmission to the Congress on the activities of the Department during such fiscal year. The report shall include a statement of goals, priorities, and plans for the Department together with an assessment of the progress made toward--,

(1) the attainment of such goals, priorities, and plans;

(2) the more effective and efficient management of the Department and the coordination of its functions; and

(3) the reduction of excessive or burdensome regulation and of unnecessary duplication and fragmentation in Federal education programs,

accompanied where necessary by recommendations for proposed legislation for the achievement of such objectives.

(b) The report required by subsection (a) shall also include an estimate of the extent of the non-Federal personnel employed pursuant to contracts entered into by the Department under section 415 or under any other authority (including any subcontract thereunder), the number of such contracts and subcontracts pursuant to which non-Federal personnel are employed, and the total cost of those contracts and subcontracts.

RELATIONSHIP TO GENERAL EDUCATION PROVISIONS ACT

Sec. 427. // 20 USC 3487. // Except where inconsistent with the provisions of this Act, the General Education Provision Act // 20 USC 1221. // shall apply to functions transferred by this Act to the extent applicable on the day preceding the effective date of this Act.

AUTHORIZATION OF APPROPRIATIONS

Sec. 428. // 20 USC 3488. // Subject to any limitation on appropriations applicable with respect to any function or office transferred to the Secretary or the Department, there are authorized to be appropriated for fiscal year 1980 and each succeeding fiscal year such sums as may be necessary to carry out the provisions of this Act and to enable the Secretary to administer and manage the Department. Funds appropriated in accordance with this section shall remain available until expended.

TITLE V--TRANSITIONAL, SAVINGS, AND CONFORMING PROVISIONS TRANSFER AND ALLOCATION OF APPROPRIATIONS AND

PERSONNEL

Sec. 501. // 20 USC 3501. // (a) Except as otherwise provided in this Act, the personnel employed in connection with, and the assets, liabilities, contracts, property, records, and unexpended balance of appropriations, authorizations, allocations, and other funds employed, held, used, arising from, available to, or to be made available in connection with the functions and offices, or portions thereof transferred by this Act, subject to section 202 of the Budget and Accounting Procedures Act of 1950, // 31 USC 581c. // shall be transferred to the Secretary for appropriate allocation. Unexpended funds transferred pursuant to this subsection shall be used only for the purposes for which the funds were originally authorized and appropriated.

(b) Positions expressly specified by statute or reorganization plan to carry out functions or offices transferred by this Act, personnel occupying those positions on the effective date of this Act, and personnel authorized to receive compensation in such positions at the rate prescribed for offices and positions at level IV or V of the Executive Schedule (5 U.S.C. 5315 - 5316) on the effective date of this Act, shall be subject to the provisions of section 503.

EFFECT ON PERSONNEL

Sec. 502. // 20 USC 3502. // (a) Except as otherwise provided in this Act, the transfer pursuant to this title of full-time personnel (except special Government employees) and part-time personnel holding permanent positions shall not cause any such employee to be separated or reduced in grade or compensation for one year after the date of transfer to the Department.

(b) Any person who, on the day preceding the effective date of this Act, held a position compensated in accordance with the Executive Schedule prescribed in chapter 53 of title 5, United States Code, and who, without a break in service, is appointed in the Department to a position having duties comparable to the duties performed immediately preceding such appointment shall continue to be compensated in such new position at not less than the rate provided for such previous position, for the duration of the service of such person in such new position.

AGENCY TERMINATIONS

Sec. 503. // 20 USC 3503. // (a)(1) On the effective date of this Act, the following entities shall terminate:

(A) the Education Division of the Department of Health, Education, and Welfare, including the Office of Education;

(B) the Office of the Assistant Secretary for Education of the Department of Health, Education, and Welfare;

(C) the Bureau of Occupational and Adult Education of the Department of Health, Education, and Welfare.

(2) Whenever the President exercises the authority under section 302(a), the Office of Dependents' Education of the Department of Defense shall terminate.

(b) Each position which was expressly authorized by law, or the incumbent of which was authorized to receive compensation at the rate prescribed for level IV or V of the Executive Schedule (5 U.S.C. 5315 - 5316), in an office terminated pursuant to this Act shall also terminate.

INCIDENTAL TRANSFERS

Sec. 504. // 20 USC 3504. // (a) The Director of the Office of Management and Budget, at such time or times as the Director shall provide, is authorized and directed to make such determinations as may be necessary with regard to the functions, offices, or portions thereof transferred by this Act, and to make such additional incidental dispositions of personnel, assets, liabilities, grants, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising from, available to, or to be made available in connection with such functions, offices, or portions thereof, as may be necessary to carry out the provisions of this Act. The Director shall provide for the termination of the affairs of all entities terminated by this Act and for such further measures and dispositions as may be necessary to effectuate the purposes of this Act.

(b) After consultation with the Director of the Office of Personnel Management, the Director of the Office of Management and Budget is authorized, at such time as the Director of the Office of Management and Budget provides, to make such determinations as may be necessary with regard to the transfer of positions within the Senior Executive Service in connection with functions and offices transferred by this Act.

SAVINGS PROVISIONS

Sec. 505. // 20 USC 3505. // (a) All orders, determinations, rules, regulations, permits, grants, contracts, certificates, licenses, and privileges--,

(1) which have been issued, made, granted, or allowed to become effective by the President, any Federal department or agency or official thereof, or by a court of competent jurisdiction, in the performance of functions which are transferred under this Act to the Secretary or the Department, and

(2) which are in effect at the time this Act takes effect,

shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with the law by the President, the Secretary, or other authorized official, a court of competent jurisdiction, or by operation of law.

(b)(1) The provisions of this Act shall not affect any proceedings, including notices of proposed rulemaking, or any application for any license, permit, certificate, or financial assistance pending on the effective date of this Act before any department, agency, commission, or component thereof, functions of which are transferred by this Act; but such proceedings and applications, to the extent that they relate to functions so transferred, shall be continued. Orders shall be issued in such proceedings, apeal shall be taken therefrom, and payments shall be made pursuant to such orders, as if this Act had not been enacted; and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by the Secretary, by a court of competent jurisdiction, or by operation of law. Nothing in this subsection shall be deemed to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this Act had not been enacted.

(2) The Secretary is authorized to promulgate regulations providing for the orderly transfer of proceedings continued under paragraph (1) to the Department.

(c) Except as provided in subsection (e)--,

(1) the provisions of this Act shall not affect suits commenced prior to the effective date of this Act, and

(2) in all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and effect as if this Act had not been enacted.

(d) No suit, action, or other proceeding commenced by or against any officer in the official capacity of such individual as an officer of any department or agency, functions of which are transferred by this Act, shall abate by reason of the enactment of this Act. No cause of action by or against any department or agency, functions of which are transferred by this Act, or by or against any officer thereof in the official capacity of such officer shall abate by reason of the enactment of this Act.

(e) If, before the date on which this Act takes effect, any department or agency, or officer thereof in the official capacity of such officer, is a party to a suit, and under this Act any function of such department, agency, or officer is transferred to the Secretary or any other official of the Department, then such suit shall be continued with the Secretary or other appropriate official of the Department substituted or added as a party.

(f) Orders and actions of the Secretary in the exercise of functions transferred under this Act shall be subject to judicial review to the same extent and in the same manner as if such orders and actions had been by the agency or office, or part thereof, exercising such functions immediately preceding their transfer. Any statutory requirements relating to notice, hearings, action upon the record, or administrative review that apply to any function transferred by this Act shall apply to the exercise of such function by the Secretary.

SEPARABILITY

Sec. 506. // 20 USC 3506. // If any provision of this Act or the application thereof to any person or circumstance is held invalid, neither the remainder of this Act nor the application of such provision to other persons or circumstances shall be affected thereby.

REFERENCE

Sec. 507. // 20 USC 3507. // With respect to any function transferred by this Act and exercised on or after the effective date of this Act, reference in any other Federal law to any department, commission, or agency or any officer or office the functions of which are so transferred shall be deemed to refer to the Secretary, other official, or component of the Department to which this Act transfers such functions.

AMENDMENTS

Sec. 508. (a) Section 19(d)(1) of title 3, United States Code, is amended--,

(1) by striking out " Secretary of Health, Education, and Welfare" and inserting in lieu thereof " Secretary of Health and Human Services"; and

(2) by inserting immediately before the period at the end thereof a comma and the following: " Secretary of Education".

(b) Section 101 of title 5, United States Code, is amended--,

(1) by striking out " Health, Education, and Welfare" and inserting in lieu thereof " Health and Human Services"; and

(2) by adding at the end thereof the following:

" The Department of Education.".

(c) Section 5312 of title 5, United States Code, is amended by adding at the end thereof the following:

"(15) Secretary of Education.".

(d) Section 5314 of title 5, United States Code, is amended by inserting immediately after paragraph (4) the following:

"(5) Under Secretary of Education.".

(e) Section 5315 of title 5 of the United States Code is amended--,

(1) by striking out paragraph (17) and inserting in lieu thereof the following:

"(17) Assistant Secretaries of Health and Human Services (4)."; and

(2) by inserting immediately after paragraph (24) the following:

"(25) Assistant Secretaries of Education (6).

"(26) Genreral Counsel, Department of Education.

"(27) Inspector General, Department of Education.".

(f) Section 5316 of title 5 of the United States Code is amended--,

(1) by striking out paragraph (41); and

(2) by inserting after paragraph (36) the following new paragraphs:

"(37) Additional officers, Department of Education, (4).

"(38) Administrator of Education for Overseas Dependents, Department of Education.".

(g) Subchapter II of chapter 53 of title 5 of the United States Code // 5 USC 5311. // is further amended by striking out " Health, Education, and Welfare" each place it appears and inserting in lieu thereof " Health and Human Services".

(h) The Comprehensive Employment and Training Act // 29 USC 801 // is amended--,

(1) in section 111, by striking out subsection (a)

// 29 USC 821. // and inserting in

lieu thereof the following:

"(a) The Secretary of Labor shall consult with the Secretary of Health and Human Services with respect to arrangements for services of a health or welfare character under this Act. The Secretary of Labor shall consult with the Secretary of Education with respect to arrangements for services of an educational nature under this Act, and the Secretary of Education and the Secretary of Health and Human Services shall solicit the advice and comments of appropriate State agencies with regard to, respectively, education and health and welfare services. Such services shall include basic or general education, educational programs conducted for offenders, institutional training, health care, child care, and other supportive services, and new careers and job restructuring in the health, education, and welfare professions.";

(2) in section 127(b),

// 92 Stat. 1945. //

by striking out "and the Secretary of Health, Education, and Welfare" and inserting in lieu thereof a comma and the following: "the Secretary of Education, and the Secretary of Health and Human Services";

(3) in section 302(c),

// 29 USC 873. //

by striking out paragraph (3) and inserting in lieu thereof the following:

"(d) For the purposes of carrying out subsections (b) and (c) of this section, the Secretary shall reserve from funds available for this title an amount equal to not less than 4.625 percent of the amount allocated pursuant to section 202(a).";

(4) in section 311(g),

// 92 Stat. 1968. //

by striking out " Health, Education, and Welfare," and inserting in lieu thereof " Health and Human Services, Department of Education,";

(5) in section 314,

// 92 Stat. 1972. // 29 USC 882. //

by striking out " Health, Education, and Welfare" and inserting in lieu thereof " Education";

(6) in section 438(a)(2),

// 92 Stat. 1987. 29 USC 914. //

by striking out " Health, Education, and Welfare," and inserting in lieu thereof " Education, Secretary of Health and Human Services,"; and

(7) in section 502(a)--,

// 29 USC 952. //

(A) by striking out "15" and inserting in lieu

thereof "16";

and

(B) by striking out " Health, Education, and Welfare,"

in

paragraph (1) and inserting in lieu thereof " Education,

Secretary of Health and Human Services,".

(i) Section 5 of the Alcohol and Drug Abuse Education Act // 21 USC 1004. // is amended--,

(1) by inserting after " Secretary" in the first sentence "of Health and Human Services, the Secretary of Education"; and

(2) by striking out "of Health, Education, and Welfare" in the second sentence and inserting in lieu thereof "of Health and Human Services, the Department of Education".

(j) The Defense Dependents' Education Act of 1978 is amended--,

(1) in section 1410(a)(1),

// 92 Stat. 2369. 20 USC 928. //

by striking out "representatives of sponsors" and inserting in lieu thereof "parents";

(2) in section 1410(b), by striking out " Secretary of Defense" and inserting in lieu thereof " Secretary of Education, in consultation with the Secretary of Defense,";

(3) in section 1411(a),

// 92 Stat. 2370. 20 USC 929. //

by striking out " Department of Defense" and inserting in lieu thereof " Department of Education";

(4) in section 1411(a)(1),

// 92 Stat. 2370. 20 USC 929. //

by striking out everything after " Logistics" and inserting in lieu thereof ",and the Administrator of Education for Overseas Dependents of such department, who shall be co-chairman of the Council;";

(5) in section 1411(a), by striking out paragraphs (2) and (3) and inserting in lieu thereof the following:

"(2) twelve individuals appointed by the Secretary of Education, who shall be individuals who have demonstrated an interest in the fields of primary or secondary education and who shall include representatives of professional employee organizations, school administrators, parents of dependents enrolled in the dependents' education system, and one student enrolled in such system;

"(3) a representative of the Secretary of Education and of the Secretary of Defense.";

(6) in section 1411(b)(1), by striking out " Assistant Secretary" and inserting in lieu thereof " Secretary of Education";

(7) in section 1411(c)--,

(A) by redesignating paragraphs (2), (3), and (4) as

paragraphs

(3), (4), and (5), respectively; and

(B) by inserting after paragraph (1) the following new paragraph:

"(2) make recommendations to the Director and to the Secretary of Education on the orderly transfer of the functions under the Dependents' Education Act of 1978 to the Secretary and Department of Education,"; and

(8) in section 1411(c)(5) (as so redesignated), by striking out " Assistant Secretary" and inserting in lieu thereof " Secretary of Education".

(k) Section 111(c)(2)(B) // 92 Stat. 2153. 20 USC 2711. // of the Elementary and Secondary Education Act of 1965 is amended by adding at the end thereof the following new sentence: " The Secretary of Health and Human Services shall collect and transmit the information required by this subparagraph to the Secretary not later than January 1 of each year.".

(1)(1) Section 352 of the Environmental Education Act of 1978 // 92 Stat. 2218. 20 USC 3012. // is amended by striking out "who shall be compensated" and everything that follows through the end of such section and inserting in lieu thereof a period.

(2) Paragraph (1) of section 160(b) of the Vocational Education Act of 1963 // 20 USC 2390. // is amended by striking out ",and who shall be compensated" and everything that follows through the end of such paragraph and inserting in lieu thereof a period.

(3) Section 512 of the Higher Education Act of 1965 // 20 USC 1102. // is amended by striking out the second sentence and inserting in lieu thereof the following: " The Teacher Corps shall be headed by a Director and a Deputy Director.".

(4) Positions abolished as a consequence of the amendments made by this subsection // 20 USC 1102 // shall, for purposes of section 502( a), be deemed to be permanent positions transferred pursuant to title V of this Act.

(m)(1) Section 203(a)(1) of the Rehabilitation Act of 1973 // 92 Stat. 2965. 29 USC 791b. // is amended by striking out " Commissioner, the Commissioner" and inserting in lieu thereof " Secretary".

(2) Section 507 of such Act // 92 Stat. 2983. 29 USC 794c. // is amended by striking out " Health, Education, and Welfare," and inserting in lieu thereof " Education, the Secretary of Health and Human Services,".

(n) The Inspector General Act of 1978 // 92 Stat. 1101. 5 USC app. // is amended--,

(1) in section 2(1), by inserting "the Department of Education," immediately after " Commerce,";

(2) in section 9(a)(1)--,

// 92 Stat. 1107. 5 USC app. //

(A) by redesignating subparagraphs (C) through (L) as

(D)

through (M), respectively; and

(B) by inserting immediately after subparagraph (B) the following new subparagraph: "(C) of the Department of Education, all functions of

the

Inspector General of Health, Education, and

Welfare or of

the Office of Inspector General of Health,

Education, and

Welfare relating to functions transferred by

section 301 of

the Department of Education Organization Act;";

(3) in section 11(1),

// 92 Stat. 1109. 5 USC app. //

by inserting " Education," immediately after " Commerce,";

(4) in section 11(2), by inserting " Education," immediately after " Commerce,"; and

(5) by amending the title to read as follows: " An Act to establish Offices of Inspector General within various departments and agencies, and for other purposes.".

REDESIGNATION

Sec. 509. // 20 USC 3508. // (a) The Department of Health, Education, and Welfare is hereby redesignated the Department of Health and Human Services, and the Secretary of Health, Education, and Welfare or any other official of the Department of Health, Education, and Welfare is hereby redesignated the Secretary or official, as appropriate, of Health and Human Services.

(b) Any reference to the Department of Health, Education, and Welfare, the Secretary of Health, Education, and Welfare, or any other official of the Department of Health, Education, and Welfare in any law, rule, regulation, certificate, directive, instruction, or other official paper in force on the effective date of this Act shall be deemed to refer and apply to the Department of Health and Human Services or the Secretary of Health and Human Services, respectively, except to the extent such reference is to a function or office transferred to the Secretary or the Department under this Act.

COORDINATION OF PROGRAMS AFFECTING HANDICAPPED

INDIVIDUALS

Sec. 510. // 20 USC 3509. // The Secretary of Health and Human Services shall identify, assess, coordinate, and eliminate conflict, duplication, and inconsistencies among programs significantly affecting handicapped individuals carried out by or under the Department of Health and Human Services, shall promote efficiency among such programs, and shall seek to coordinate, to the maximum extent feasible, such programs with programs significantly affecting handicapped individuals carried out by or under the Department of Education.

TRANSITION

Sec. 511. // 20 USC 3510. // With the consent of the appropriate department or agency head concerned, the Secretary is authorized to utilize the services of such officers, employees, and other personnel of the departments and agencies from which functions or offices have been transferred to the Secretary or the Department, and funds appropriated to such functions or offices for such period of time as may reasonably be needed to facilitate the orderly implementation of this Act.

TITLE VI-- EFFECTIVE DATE AND INTERIM APPOINTMENTS EFFECTIVE DATE

Sec. 601. // 20 USC 3401 note. // (a) The provisions of this Act shall take effect one hundred and eighty days after the first Secretary takes office, or on any earlier date on or after October 1, 1979, as the President may prescribe and publish in the Federal Register, except that at any time on or after October 1, 1979--,

(1) any of the officers provided for in title II of this Act may be nominated and appointed, as provided in such title; and

(2) the Secretary may promulgate regulations pursuant to section 505(b)(2) of this Act.

(b) Funds available to any department or agency (or any official or component thereof), the functions or offices of which are transferred to the Secretary or the Department by this Act, may, with the approval of the Director of the Office of Management and Budget, be used to pay the compensation and expenses of any officer appointed pursuant to this title and other transitional and planning expenses associated with the establishment of the Department or transfer of functions or offices thereto until such time as funds for such purposes are otherwise available.

INTERIM APPOINTMENTS

Sec. 602. // 20 USC 3401 // (a) In the event that one or more officers required by this Act to be appointed by and with the advice and consent of the Senate shall not have entered upon office on the effective date of this Act and notwithstanding any other provisions of law, the President may designate an officer in the executive branch to act in such office for one hundred and twenty days or until the office is filled as provided in this Act, whichever occurs first.

(b) Any officer acting in an office in the Department pursuant to the provisions of subsection (a) shall receive compensation at the rate prescribed for such office under this Act.

Approved October 17, 1979.

LEGISLATIVE HISTORY:

HOUSE REPORTS: No. 96 - 143 accompanying H.R. 2444 (Comm. on Government Operations) and No. 96 - 459 (Comm. of Conference).

SENATE REPORTS: No. 96 - 49 (Comm. on Governmental Affairs) and No. 96 - 326 (Comm. of Conference).

CONGRESSIONAL RECORD, Vol. 125 (1979):

Apr. 5, 10, 26, 30, considered and passed Senate.

June 7, 11 - 13, 19, July 11, H.R. 2444, considered and passed House; passage vacated and S. 210, amended, passed in lieu.

Sept. 24, Senate agreed to conference report.

Sept. 27, House agreed to conference report.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 15, No. 42:

Oct. 17, Presidential statement.

PUBLIC LAW 96-87, 93 STAT. 664

96 TH CONGRESS, H.R. 5419 OCTOBER 12, 1979
An Act To authorize the Secretary of the Interior to provide

for the commemoration of

the efforts of Goodloe Byron to protect the

Appalachian Trail, and for other

purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

TITLE I

Sec. 101. Goodloe Byron, late a United States Representative from the State of Maryland, should be afforded appropriate recognition for his long and continuing interest in conservation, outdoor recreation, physical fitness, and the protection of the Nation's natural and scenic resources. Goodloe Byron took an early and leading interest in the protection of the Maryland segment of the Appalachian Trail as a member of the Senate of Maryland and continued his efforts to provide for the protection of the entire Appalachian Trail for public use and enjoyment during his service in the Congress of the United States. As a member of the National Scenic Trails Advisory Council, he encouraged recognition of the value of scenic trails as outdoor recreation resources attractive to all segments of the public.

Sec. 102. The Secretary of the Interior is authorized, in cooperation with the Appalachian Trail Conference and the State of Maryland, to design and erect at a suitable location along the Maryland segment of the Appalachian Trail an appropriate marker in commemoration of the outstanding contributions of Goodloe Byron toward the protection of the Appalachian Trail for the use and enjoyment of the American people in perpetuity.

TITLE II

Sec. 201. // 16 USC 461. // (a) In order to preserve and interpret for the benefit, inspiration, and education of present and future generations the home and office of Frederick Law Olmsted, the great American landscape architect and designer, there is hereby established the Frederick Law Olmsted National Historic Site (hereinafter referred to as the " Site").

(b) The Secretary of the Interior (hereinafter referred to in this Act as the " Secretary") is authorized to acquire by donation, purchase with donated or appropriated funds, or exchange, the property comprising the former home and office of Frederick Law Olmsted at 99 - 101 Warren Street, Brookline, Massachusetts, together with such adjacent lands and interests therein as the Secretary deems necessary, for establishment of the Site. The Secretary may also acquire for the purposes of the Site all or any portion of the documents, equipment, drawings, and other materials comprising the Olmsted archival collection.

(c) It is the express intent of the Congress that the Secretary should substantially complete the acquisition program authorized by this Act within two years after the date of its enactment.

Sec. 202. (a) The Secretary shall administer the property, Site, including personal property comprising the archival collection, acquired for the purposes of this Act in accordance with the Act of August 25, 1916 (39 Stat. 535), as amended and supplemented, and the Act of August 21, 1935 (49 Stat. 666), as amended. // 16 USC 461. //

(b) The Secretary is authorized to enter into a cooperative agreement with an appropriate entity for the management of the archival collection acquired for the purposes of this Act.

(c) Within three years of the date of enactment of this Act, // 16 USC 1a-1. // the Secretary shall submit to the Committee on Interior and Insular Affairs of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate, a general management plan for the Site pursuant to the provisions of section 12(b) of the Act of August 18, 1970 (84 Stat. 825), as amended. Within six months of the date of enactment of this Act, the Secretary shall submit a written report to the same committees relating the state of progress of his acquisition and provisions for management and permanent protection of the archival collection. He shall submit a similar report within one year of the date of enactment of this Act to the same committees indicating the final management and protection arrangements he has concluded for such collection.

Sec. 203. (a) Effective October 1, 1979, there are authorized to be appropriated from the Land and Water Conservation Fund such sums as may be necessary for the acquisition of lands and interests therein.

(b) There is hereby authorized to be appropriated, effective October 1, 1979, an amount not to exceed $514,000 for the acquisition of the archival collection; an amount not to exceed $200,000 for development; and an amount not to exceed $1,230,000 for the preservation of the archival collection.

TITLE III

Sec. 301. Notwithstanding any other provision of law, the Secretary shall permit the late Chief Turkey Tayac to be buried in the ossuary at Piscataway Park in Oxon Hill, Maryland. The Secretary shall select the site in such ossuary at which Chief Tayac may be buried. No Federal funds may be used for the burial of Chief Tayac except such funds as may be necessary for the maintenance of the burial site by the Department of the Interior.

TITLE IV

Sec. 401. The National Parks and Recreation Act of 1978, // 16 USC 1 92 Stat. 3471. 16 USC 450dd // approved November 10, 1978 (92 Stat. 3467), is amended as follows:

(a) Section 101(8), re: De Soto National Memorial, is amended by changing the phrase "changing '$3,108,000' to '$5,108,000'." to read "by changing '$175,000' to '$292,000'."

(b) Section 101(20),

// 92 Stat. 3472. //

re: Pecos National Monument, is amended by changing "$2,375,000" to "$2,575,000".

(c) Section 301,

// 92 Stat. 3473. //

re: revision of boundaries, is amended by changing the words "but not exceed" in the first sentence to "but not to exceed".

(d) Section 301(8), re: Great Sand Dunes National Monument, is amended by (1) changing "one thousand one hundred and nine acres" to "one thousand nine hundred acres" and by changing "$166,000" to "$265,000"; and (2) by adding the following at the end thereof: " The Secretary shall designate the lands described by this paragraph for management in accordance with the adjacent lands within the monument by publication of a notice in the Federal Register.".

(e) Section 302

// 92 Stat. 3476. //

is amended at the end thereof by changing "section 301" to "title III of this Act".

(f) Section 309(b),

// 92 Stat. 3477. //

re: Fort Union Trading Post National Historic Site, is amended by changing "this Act" in the proviso to "the National Parks and Recreation Act of 1978".

(g) Section 315(a),

// 92 Stat. 3483. 16 USC 460ff-1. //

re: Cuyahoga Valley National Recreation Area, is amended by changing "90,001-A" to "655 - 90, 001-A".

(h) Section 501(a),

// 92 Stat. 3491. //

re: Guam National Seashore, is amended in clause (1) by changing " Anac" to " Anae".

(i) Section 505(f)(1),

// 92 Stat. 3499. 16 USC 396d. //

re: Kaloko-Honokohau National Historic Park, is amended by striking " Kaloko-Honokohau" the first time it appears in the subsection.

(j) Section 507(f),

// 92 Stat. 3501. 16 USC 460kk. //

re: Santa Monica Mountains National Recreation Area, is amended by changing " January 1, 1976" to " January 1, 1978".

(k) Section 508(d),

// 92 Stat. 3507. 16 USC 461. //

re: Ebey's Landing National Historical Reserve, is amended by changing "with donated funds" in the first sentence to "with donated or appropriated funds".

(l) Section 511(b),

// 92 Stat. 3510. 16 USC 461 //

re: Maggie L. Walker National Historic Site, is amended by changing "at 113 East Leigh Street" to "at 110 A East Leigh Street".

(m) Section 551,

// 92 Stat. 3514. 16 USC 1244. 92 Stat. 3516. 16 USC 1246. //

re: the National Trails System Act, is amended by--,

(1) in paragraph (13), change "(20)" to "(23)"; (2) in paragraph (18), insert quotation marks at the

beginning

and end of the second sentence; and

(3) in paragraph (21), insert quotation marks at the

beginning

and end of the second sentence.

(n) Section 601(a),

// 92 Stat. 3517. //

re: Yellowstone National Park, is amended by changing " State of Wyoming" to " States of Wyoming and Montana".

(o) Section 612,

// 92 Stat. 3521. 16 USC 431. //

re: Albert Einstein Memorial, is amended by changing "access" in the second sentence to "purposes of such memorial".

(p) Section 704,

// 92 Stat. 3523. 16 USC 1274. 16 USC 1274. //

re: Upper Delaware River, is amended (1) in subsection (a) by changing "705(c)" to "704(c)"; and (2) in subsection (f)(1) by inserting the following sentence at the end thereof: " The Advisory Council shall terminate ten years after the date on which it is established.".

(q) Title IX, re: Jean Lafitte National Historical Park, is amended--,

(1) in section 902(a)

// 92 Stat. 3535. 16 USC 230a. //

by changing "eight thousand acres" in

the first sentence to "eight thousand six hundred

acres";

(2) in section 904

// 92 Stat. 3536. 16 USC 230c. //

by changing "section 7" in the first

sentence to "section 907";

(3) in section 907(a)

// 92 Stat. 3537. 16 USC 230f. //

by striking the word "and" at the end

of the clause numbered (6), changing the period at the

end of

the clause numbered (7) to ";and", and adding at the end

thereof the following:

"(8) two members appointed by the Secretary from

recommendations

submitted by the Police Jury of Saint Bernard

Parish."; and

(4) in section 907(e) by inserting the following sentence

at

the end thereof: " The Commission shall terminate ten

years

from the date of approval of this Act.".

Sec. 402. Notwithstanding any other provision of law, the Secretary shall not charge any entrance or admission fee in excess of the amounts which were in effect as of January 1, 1979, or charge said fees at any unit of the National Park System where such fees were not in effect as of such date, nor shall the Secretary charge after the date of enactment of this section, user fees for transportation services and facilities in Mount Mc Kinley National Park, Alaska.

Sec. 403. Section 3 of the Act of December 2, 1969 (83 Stat. 279), // 83 Stat. 274. // is amended by changing "180,000" to "680,000".

Sec. 404. The Wild and Scenic Rivers Act of 1968 (82 Stat. 906), as amended (16 U.S.C. 1271), is further amended as follows:

(a) In section 5(b),

// 16 USC 1276. //

in paragraph numbered (3), change "(72)" to "(75)";

(b) In section 5(b), in paragraph numbered (4), change "(74)" to "(75)".

Approved October 12, 1979.

LEGISLATIVE HISTORY:

CONGRESSIONAL RECORD, Vol. 125 (1979):

Sept. 27, considered and passed House.

Oct. 1, considered and passed Senate, amended.

Oct. 9, House concurred in certain Senate amendments and in another with an amendment.

Oct. 11, Senate concurred in House amendments.

PUBLIC LAW 96-86, 93 STAT. 656

96th CONGRESS, H.J. RES. 412 OCTOBER 12, 1979
Joint Resolution Making continuing appropriations for the fiscal

year 1980, and for other purposes.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, and out of applicable corporate or other revenues, receipts, and funds, for the several departments, agencies, corporations, and other organizational units of the Government for the fiscal year 1980, and for other purposes, namely:

Sec. 101. (a)(1) Such amounts as may be necessary for continuing projects or activities (not otherwise specifically provided for in this joint resolution) which were conducted in the fiscal year 1979 and for which appropriations, funds or other authority would be available in the following appropriation Acts:

Agriculture, Rural Development, and Related Agencies Appropriation Act, 1980;

District of Columbia Appropriation Act, 1980;

Foreign Assistance and Related Programs Appropriations Act, 1980,

// 22 USC 2412 //

notwithstanding section 10 of Public Law 91 - 672, and section 15(a) of the Act entitled, " An Act to provide certain basic authority for the Department of State", approved August 1, 1956, as amended;

// 22 USC 2680. //

Deparment of the Interior and Related Agencies Appropriation Act, 1980; and

Military Construction Appropriation Act, 1980.

(2) Appropriations made by this subsection shall be available to the extent and in the manner which would be provided by the pertinent appropriation Act.

(3) Whenever the amount which would be made available or the authority which would be granted under an Act listed in this subsection as passed by the House as of October 1, 1979, is different from that which would be available or granted under such Act as passed by the Senate as of October 1, 1979, the pertinent project or activity shall be continued under the lesser amount or the more restrictive authority.

(4) Whenever an Act listed in this subsection has been passed by only one House as of October 1, 1979, or where an item is included in only one version of an Act as passed by both Houses as of October 1, 1979, the pertinent project or activity shall be continued under the appropriation, fund, or authority granted by the one House, but at a rate for operations not exceeding the current rate or the rate permitted by the action of the one House, whichever is lower, and under the authority and conditions provided in applicable appropriation Acts for the fiscal year 1979: Provided, That no provision which is included in an appropriation Act enumerated in this subsection but which was not included in the applicable appropriation Act of 1979, and which by its terms is applicable to more than one appropriation, fund, or authority shall be applicable to any appropriation, fund, or authority provided in the joint resolution unless such provision shall have been included in identical form in such bill as enacted by both the House and the Senate.

(b) Such amounts as may be necessary for continuing projects or activities which were conducted in fiscal year 1979 for which provision was made in the Department of Defense Appropriation Act, 1979, // 92 Stat. 1231. // at a rate of operations not in excess of the current rate or the rate provided in the budget estimate, whichever is lower, and under the more restrictive authority.

(c) Notwithstanding the provisions of sections 102 and 106 of this joint resolution, such amounts as may be necessary for continuing projects and activities to the extent and in the manner as provided in H.R. 4390, entitled the Legislative Branch Appropriation Act, 1980, as reported June 7, 1979 (except as to executive salaries which are covered subsequently) and such amounts as may be necessary for continuing projects or activities for which disbursements are made by the Secretary of the Senate, and the Senate items under the Architect of the Capitol, to the extent and in the manner which would be provided for in the budget estimates, as amended, for fiscal year 1980.

For the fiscal year 1980, funds available for payment to executive employees, which includes Members of Congress, // 5 USC 5318 // who under existing law are entitled to approximately 12.9 percent increase in pay, shall not be used to pay any such employee or elected or appointed official any sum in excess of 5.5 percent increase in existing pay and such sum if accepted shall be in lieu of the 12.9 percent due for such fiscal year.

Provided, further, That for the purpose of carrying out this provision and notwithstanding the provisions of the Federal Pay Comparability Act of 1970, // 5 USC 5301 // the Executive Salary Cost-Of-Living Adjustment Act, // 5 USC 5312 // or any other related provision of law, which would provide an approximate 12.9 percent increase in pay for certain Federal officials for pay periods beginning on or after October 1, 1979, and notwithstanding section 102 of this joint resolution, the provisions of section 304 of the Legislative Branch Appropriation Act, 1979, // 92 Stat. 788. // which limit the pay for certain Federal offices and positions, shall apply to funds appropriated by this joint resolution or any Act for the fiscal year 1980, except that in applying such limitation the term "at a rate which exceeds by more than 5.5 percent the rate" shall be substituted for the term "at a rate which exceeds the rate" where it appears in subsection (a) of such section for the purpose of limiting pay increases to 5.5 percent.

Any additional payment under existing law is not to be construed as an increase in salary or emoluments within the meaning of Article I, section 6, clause 2 of the Constitution, except that:

(1) Any Member of Congress, whether he voted to confirm or not to confirm the appointment of any judge appointed during the 96th Congress to the United States Court of Appeals for the District of Columbia, or whether he abstained from, or was not present for such vote, may bring a civil action in the United States District Court for the District of Columbia or in any United States District Court in the State he represents to contest the constitutionality of the appointment and continuance in office of said Circuit Judge on the ground that such appointment and continuance in office is in violation of Article I, section 6, clause 2 of the Constitution;

(2) The designated United States District Courts shall have exclusive jurisdiction, without regard to the sum or value of the matter in controversy, to determine the validity of such appointment and continuance in office;

(3) Any action brought under this section shall be heard and determined by a panel of three judges in accordance with the provisions of section 2284 of title 28, United States Code. Any appeal from the action of a court convened pursuant to such section shall lie to the Supreme Court; and

(4) Any judge designated to hear any action brought under this section shall cause such action to be in every way expedited.

For purposes of this subsection, H.R. 4390, as reported June 7, 1979, shall be treated as appropriating $11,000,000 under the headings " OFFICE OF TECHNOLOGY ASSESSMENT," Salaries and Expenses"; $200,300,000 under the headings " GENERAL ACCOUNTING OFFICE", " Salaries and Expenses"; and $50,707,000 under headings " JOINT ITEMS", " Official Mail Costs".

No funds contained in this section shall be used to remodel the gallery in Statuary Hall in the Capitol into carrels or into any other structure constituting additional office or work space for Members of Congress.

(d) Such amounts as may be necessary for fiscal year 1980 for Department of Energy, Operating Expenses, Energy Supply, Research and Development Activities, to carry out the breeder reactor demonstration project or project alternative approved by Congress in authorizing legislation, and for no other purpose, at the current rate of operations notwithstanding the provisions of sections 102 and 106 of this joint resolution.

(e) Such amounts as may be necessary for continuing the following activities, not otherwise provided for, which were conducted in fiscal year 1979, but at a rate for operations not in excess of the current rate:

activities under the Domestic Volunteer Service Act;

// 42 USC 4951 //

activities for support of nursing research under section 301 of the Public Health Service Act;

// 42 USC 241. //

activities for support of nursing fellowships and for support of training programs and program support related to alcoholism under sections 301, 303, and 472 of the Public Health Service Act;

// 42 USC 241, 242a, 289l-1. //

activities under section 789 and titles VIII, XIII, XV, and XVII of the Public Health Service Act,

// 42 USC 295g-9, 296, 300d, 300k-1, 300u. 42 USC 300d. //

except that activities under title XV of the Public Health Service Act shall be conducted at not to exceed an annual rate for obligations of $169,717,000;

activities under sections 204 and 213 of the Community Mental Health Centers Act;

// 42 USC 2689c, 2689h. //

activities under title IV of the Drug Abuse Office and Treatment Act;

// 21 USC 1171. //

activities under titles III and V of the Comprehensive Alcohol Abuse and alcoholism Prevention, Treatment and Rehabilitation Act;

// 42 USC 4571, 4585. //

activities under section 2 of the Indochina Migration and Refugee Assistance Act;

// 22 USC 2601 //

activities of the National Board for the Promotion of Rifle Practice;

activities of the Federal Trade Commission: Provided, That none of the funds made available by this joint resolution for the Federal Trade Commission may be used for the final promulgation of trade regulation rules authorized by section 18 of the Federal Trade Commission Act,

// 15 USC 57a //

as amended, nor to initiate any new activities;

activities under the Omnibus Crime Control and Safe Streets Act of 1968,

// 42 USC 3701 //

as amended, except that such activities shall be continued at a rate of operations not in excess of appropriations contained in the Department of Justice Appropriation Act, 1980, for the Office of Justice Assistance, Research, and Statistics;

activities of the Economic Development Administration; and

activities of the Regional Action Planning Commissions.

(f) Notwithstanding the funding rates provided for in section 101( a), activities of the Department of State for Migration and Refugee Assistance shall be funded at not to exceed an annual rate for obligations of $456,241,000, notwithstanding section 15(a) of the Act entitled, " An Act to provide certain basic authority for the Department of State", approved August 1, 1956, as amended, // 22 USC 2680. // and section 10 of Public Law 91 - 672. // 22 USC 2412. //

(g) Such amounts as may be necessary for projects or activities which were conducted in fiscal year 1979 and for which provision was made in the Department of Transportation and Related Agencies Appropriation Act, 1979, // 92 Stat. 435. // or chapter X of the Supplemental Appropriations Act, 1979, at a rate of operations not in excess of the current rate or the rate provided in the budget estimate, whichever is lower, and under the more restrictive authority: Provided, That the Panama Canal Commission is authorized to incur obligations at the rate of operations, and to the extent and in the manner provided for in H.R. 4440 as reported on June 13, 1979, to meet operational and capital requirements of the Panama Canal in conformance with applicable legislation and the Panama Canal Treaty of 1977, notwithstanding the provisions of section 106 of this joint resolution: Provided further, That the Interstate Commerce Commission is authorized to incur obligations for payments for directed rail service at the rate of operations and to the extent and manner provided for in H.R. 4440 as passed by the House of Representatives on September 18, 1979.

(h) Such amounts as may be necessary for the programs or activities of the Federal Inspector for the Alaska Gas Pipeline, at a rate of operations not in excess of 35 per centum of the fiscal year 1980 budget estimate.

(i) Such amounts as may be necessary for projects or activities provided for in the Department of Housing and Urban Development-Independent Agencies Appropriation Act, 1980 (H.R. 4394), at a rate of operations, and to the extnet and in the manner, provided for in such Act as adopted by the House of Representatives on September 27, 1979, and the Senate on September 28, 1979, notwithstanding the provisions of section 106 of this joint resolution: Provided, That those programs in disagreement shall be funded at the lesser of the amounts originally approved by the House or Senate.

(j) Such amounts as may be necessary for projects or activities provided for in the Departments of Labor, and Health, Education, and Welfare and Related Agencies Appropriation Act, 1980 (H.R. 4389), at a rate of operations, and to the extent and in the manner, provided for in such Act as adopted by the House of Representatives on August 2, 1979, except as provided in section 118 of this joint resolution and notwithstanding the provisions of section 106 of this joint resolution.

Sec. 102. Appropriations and funds made available and authority granted pursuant to this joint resolution shall be available from October 1, 1979, and shall remain available until (a) enactment into law of an appropriation for any project or activity provided for in this joint resolution, or (b) enactment of the applicable appropriation Act by both Houses without any provision for such project or activity, or (c) November 20, 1979, whichever first occurs.

Sec. 103. Appropriations and funds made available or authority granted pursuant to this joint resolution may be used without regard to the time limitations for submission and approval of apportionments set forth in section 665(d)(2) of title 31, United States Code, but nothing herein shall be construed to waive any other provision of law governing the apportionment of funds.

Sec. 104. Appropriations made and authority granted pursuant to this joint resolution shall cover all obligations or expenditures incurred for any project or activity during the period for which funds or authority for such project or activity are available under this joint resolution.

Sec. 105. Expenditures made pursuant to this joint resolution shall be charged to the applicable appropriation, fund, or authorization whenever a bill in which such applicable appropriation, fund, or authorization is contained is enacted into law.

Sec. 106. No appropriation or fund made available or authority granted pursuant to this joint resolution shall be used to initiate or resume any project or activity for which appropriations, funds, or other authority were not available during the fiscal year 1979.

Sec. 107. Any appropriation for the fiscal year 1980 required to be apportioned pursuant to section 665 of title 31, United States Code, may be apportioned on a basis indicating the need (to the extent any such increases cannot be absorbed within available appropriations) for a supplemental or deficiency estimate of appropriation to the extent necessary to permit payment of such pay increases as may be granted pursuant to law to civilian officers and employees and to active and retired military personnel. Each such appropriation shall otherwise be subject to the requirements of section 665 of title 31, United States Code.

Sec. 108. None of the funds available to the Department of Defense--Civil, Department of the Army, Corps of Engineers--Civil in fiscal year 1980 shall be available, except on a voluntary basis, for the acquisition of land or easements at or around the four lake projects in the Yazoo Basin, Mississippi, pending the submission to Congress of a plan for changing the curve by which the flow is regulated in line with the instructions contained on page 60 of the conference report accompanying H.R. 4388 and of alternative solutions for the protection of Coffeeville, Mississippi, and other properties affected by the flood control operation at the project.

Sec. 109. No provision in any appropriation Act for the fiscal year 1980 that makes the availability of any appropriation provided therein dependent upon the enactment of additional authorizing or other legislation shall be effective before the date set forth in section 102(c) of this joint resolution.

Sec. 110. Appropriations and funds made available to the Appalachian Regional Commission, including the Appalachian Regional Development Programs, by this or any other Act shall be used by the Commission in accordance with the provisions of the applicable appropriation Act and pursuant to the Appalachian Regional Development Act of 1965, as amended, notwithstanding the provisions of section 405 of said Act.

Sec. 111. Notwithstanding section 106 or any other provision of this joint resolution--,

(a) effective October 1, 1979, the allowance for administrative and clerical assistance of each Senator from the State of Minnesota is increased to that allowed Senators from States having a population of four million but less than five million, the population of said State having exceeded four million inhabitants;

(b) effective October 1, 1979, the allowance for administrative and clerical assistance of each Senator from the State of Texas is increased to that allowed Senators from States having a population of thirteen million but less that fifteen million, the population of said State having exceeded thirteen million inhabitants;

(c) effective with the fiscal year ending September 30, 1980, section 117 of the Second Supplemental Appropriations Act, 1976 (2 U.S.C. 61f-1a), is amended by striking out "$25,000" and inserting in lieu thereof "$92,000"; and

(d) effective October 1, 1979, the Sergeant at Arms and Doorkeeper of the Senate may appoint and fix the compensation of two Photostat operators at not to exceed $12,663 per annum each; six Assistant Mail operators at not to exceed $12,096 per annum each; a Requisition and Receiving Clerk at not to exceed $13,608 per annum; a Maintenance and Rental Clerk at not to exceed $13,608 per annum; a State office Repair Clerk at not to exceed $13,608 per annum; and two Auditors at not to exceed $14,931 per annum each.

Sec. 112. During the fiscal year ending on September 30, 1980, the total amount which may be obligated to travel and transportation of persons, and transportation of things, for officers and employees of the executive branch of the Government shall not exceed an amount which is $500,000,000 less than the total amount proposed therefor in the Budget of the United States Government for such fiscal year (as amended and supplemented), transmitted by the President under section 201 of the Budget and Accounting Act, 1921. The Director of the Office of Management and Budget shall allocate the reduction in such proposed total amount among the departments, agencies, and instrumentalities of the executive branch and shall report on such allocation to the Committees on Appropriations of the House of Representatives and the Senate: Provided, That in allocating the reduction in such proposed total amount among the departments, agencies, and instrumentalities of the executive branch, no reduction shall be made in funds for debt collection or supervision of loans, nor shall any department, agency or instrumentality be reduced by more than fifteen per centum of the amount proposed for each such department, agency or instrumentality in the Budget of the United States Government for such fiscal year (as amended and supplemented), transmitted by the President under section 201 of the Budget and Accounting Act, 1921.

Sec. 113. Funds available under the Department of Justice Appropriation Act, Fiscal Year 1979 (Public Law 95 - 431) // 92 Stat. 1021. // for support of United States prisoners shall be available as follows:

(a) The Attorney General is authorized to use the appropriation " Support of United States Prisoners" to enter into contracts or cooperative agreements to assist the government of any State, territory, or political subdivision thereof, for the necessary physical renovation, and the acquisition of equipment, supplies, services, or materials required to raise the level of conditions of confinement and facility services of any substandard facility which confines Federal detainees.

(b) This section shall apply only insofar as it is not inconsistent with section 4006 of title 18, United States Code.

(c) Authority provided by this section shall be available from September 26, 1979, and all obligations incurred in anticipation of the authority provided in this section are hereby ratified and confirmed if otherwise in conformance with the provisions of this section.

Sec. 114. Notwithstanding the provisions of the paragraph entitled " Capital Outlay" in title II of the District of Columbia Appropriation Act, 1978, providing for the expiration of certain authorizations and the lapse of certain funds for capital outlay projects, the authorization for the capital outlay project involving the construction of phase I of the downtown permanent campus of the University of the District of Columbia located north of Mount Vernon Square and the funds appropriated in connection therewith by the District of Columbia Appropriation Act, 1978, shall, subject to the last proviso of such paragraph, expire on September 30, 1980, unless funds have been obligated in whole or in part prior to such date.

Sec. 115. (a) Section 3(e) of Public Law 91 - 663 // 45 USC 662. // is amended by adding at the end thereof the following: " With respect to a railroad which filed a petition for reorganization during fiscal year 1978, during the period October 1, 1979, through November 30, 1979, certificates shall be issued without regard to the limitations of subsection (a) and with such priority in payment as the Secretary deems appropriate to secure repayment, for the purpose of continuing service on the railroad system at the level in effect on October 1, 1979."

(b) Section 5(h)(2)(A) of Public Law 89 - 670, // 49 USC 1654. // as amended, is further amended by striking "but has not yet" and inserting in lieu thereof "or has".

Sec. 116. None of the funds contained in this Act shall be used for the reorganization of the Alaska Railroad Office of the Chief Counsel, Office of Real Estate or Office of Financial Planning, or for the consolidation of those Offices into the Office of the Alaska Railroad General Manager.

Sec. 117. All obligations incurred in anticipation of the appropriations and authority provided in this joint resolution are hereby ratified and confirmed if otherwise in accordance with the provisions of this joint resolution.

Sec. 118. Notwithstanding any other provision of this joint resolution except section 102, none of the Federal funds provided by this joint resolution for the District of Columbia, Foreign Assistance and Related Programs, the Departments of Labor and Health, Education, and Welfare, or the Department of Defense shall be used to perform abortions except where the life of the mother would be endangered if the fetus were carried to term; or except for such medical procedures necessary for the victims of rape or incest, when such rape or incest has been reported promptly to a law enforcement agency or public health service;

Nor are payments prohibited for drugs or devices to prevent implantation of the fertilized ovum, or for medical procedures necessary for the termination of an ectopic pregnancy.

Approved October 12, 1979

LEGISLATIVE HISTORY:

HOUSE REPORTS: No. 96 - 500 (Comm. on Appropriations) and No. 96 - 513 (Comm. of Conference).

CONGRESSIONAL RECORD, Vol. 125 (1979):

Oct. 9, considered and passed House.

Oct. 10, considered and passed Senate, amended.

Oct. 12, House agreed to conference report, concurred in one Senate amendment and concurred with amendment in another; Senate agreed to conference report and concurred in House amendment.

PUBLIC LAW 96-85, 93 STAT. 655

96 TH CONGRESS, 9. 233 OCTOBER 10, 1979
An Act To amend the International Travel Act of 1961 to

authorize additional appropriations,

and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the first sentence of section 6 of the International Travel Act of 1961, as amended (22 U. S.C. 2126) is amended by striking out "and= immediately after "1978;"