PUBLIC LAW 96-37, 93 STAT. 95
savings and loan institutions
from the application of certain provisions contained in
such Act.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 5(a)(2) of
the Federal Trade Commission Act (15 U.S.C. 45(a)(2)) is amended by
inserting after "banks," the following: "savings and loan institutions
described in section 18(f)(3),".
(b)(1) Section 6(a) of the Federal Trade Commission Act (15 U.S.C.
46(a)) is amended by inserting after "banks" the following: ", savings
and loan institutions described in section 18(f)(3),".
(2) Section 6(b) of the Federal Trade Commission Act (15 U.S.C. 46(
b)) is amended by inserting after "banks" the following: "savings and
loan institutions described in section 18(f)(3),".
(3) The proviso at the end of section 6 of the Federal Trade
Commission Act (15 U.S.C. 46) is amended--,
(A) by inserting after "banks" the following: ", savings and
loan institutions described in section 18(f)(3),"; and
(B) by inserting ", in business as a savings and loan
institution," after "banking".
(c)(1) Section 18(f)(1) of the Federal Trade Commission Act (15 U.S.
C. 57a(f)(1)) is amended--,
(A) in the first sentence thereof--,
described
in paragraph (3)" after "banks" each place it appears
therein;
and
(B) in the second sentence thereof, by inserting after "
System" the following: "(with respect to banks) and the Federal
Home Loan Bank Board (with respect to savings and loan
institutions described in paragraph (3))"; and
(C) in the last sentence thereof--,
place
it appears therein;
inserting
in lieu thereof "(A) either such Board finds that";
described
in paragraph (3), as the case may be," after "banks"
the first and second places it appears therein;
Board of
Governors of the Federal Reserve System finds"; and
(2) Section 18(f) of the Federal Trade Commission Act (15 U.S.C.
57a(f)) is amended by redesignating paragraphs (3), (4), and (5) thereof
as paragraphs (4), (5), and (6), respectively, and by inserting after
paragraph (2) thereof the following new paragraph:
"(3) Compliance with regulations prescribed under this subsection
shall be enforced under section 5 of the Home Owners' Loan Act of 1933
(12 U.S.C. 1464) with respect to Federal savings and loan associations,
section 407 of the National Housing Act (12 U.S.C. 1730) with respect to
insured institutions, and sections 6(i) and 17 of the Federal Home Loan
Bank Act (12 U.S.C. 1426(i), 1437) with respect to savings and loan
institutions which are members of a Federal Home Loan Bank, by a
division of consumer affairs to be established by the Federal Home Loan
Bank Board pursuant to the Federal Home Loan Bank Act.".
Approved July 23, 1979.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 265, Pt. I (Comm. on Interstate and Foreign
Commerce).
CONGRESSIONAL RECORD, Vol. 125 (1979):
July 9, considered and passed House.
July 10, considered and passed Senate.
PUBLIC LAW 96-36, 93 STAT. 94
the development of the area
south of the original Smithsonian Institution
Building adjacent to Independence
Avenue at Tenth Street, Southwest, in the city of
Washington.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Board of
Regents of the Smithsonian Institution is authorized to plan for the
development of the area south of the original Smithsonian Institution
Building adjacent to Independence Avenue at Tenth Street, Southwest, in
the city of Washington.
Sec. 2. Effective October 1, 1979, there is authorized to be
appropriated to the Board of Regents of the Smithsonian Institution
$500,000 to carry out the purposes of this Act.
Sec. 3. Any portion of the sums appropriated to carry out the
purposes of this Act may be transferred to the General Services
Administration which, in consultation with the Smithsonian Institution,
is authorized to enter into contracts and take such other action, to the
extent of the sums so transferred to it, as may be necessary to carr out
such purposes.
Approved July 20, 1979.
LEGISLATIVE HISTORY:
SENATE REPORT No. 96 - 140 (Comm. on Rules and Administration).
CONGRESSIONAL RECORD, Vol. 125 (1979):
May 21, considered and passed Senate.
July 9, H.R. 3504 considered and passed House; passage vacated
and S. 927 passed in lieu.
PUBLIC LAW 96-35, 93 STAT. 89, SPECIAL INTERNATIONAL SECURITY
ASSISTANCE ACT OF 1979
assistance for the fiscal year
1979 in support of the peace treaty between Egypt and
Israel, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Section 1. This Act // 22 USC 3401 // may be cited as the " Special
International Security Assistance Act of 1979".
Sec. 2. // 22 USC 3401. // (a) It is the policy of the United States
to support the peace treaty concluded between the Government of Egypt
and the Government of Israel on March 26, 1979. This treaty is a
significant step toward a full and comprehensive peace in the Middle
East. The Congress urges the President to continue to exert every
effort to bring about a comprehensive peace and to seek an end by all
parties to the violence which could jeopardize this peace.
(b) The peace treaty between Egypt and Israel having been ratified,
the Congress finds that the national interests of the United States are
served--,
(1) by authorizing the President to construct air bases in
Israel to replace the Israeli air bases on the Sinai peninsula
that are to be evacuated;
(2) by authorizing additional funds to finance procurements by
Egypt and Israel through the fiscal year 1982 of defense articles
and defense services for their respective security requirements;
and
(3) by authorizing additional funds for economic assistance for
Egypt in order to promote the economic stability and development
of that country and to support the peace process in the Middle
East.
(c) The authorities contained in this Act to implement certain
arrangements in support of the peace treaty between Egypt and Israel do
not signify approval by the Congress of any other agreement,
understanding, or commitment made by the executive branch.
Sec. 3. Part II of the Foreign Assistance Act of 1961 is amended by
adding at the end thereof the following new chapter:
" Sec. 561. // 22 USC 2349. // General Authority.--The President is
authorized--,
"(1) to construct such air bases in Israel for the Government
of Israel as may be agreed upon between the Government of Israel
and the Government of the United States to replace the Israeli air
bases located at Etzion and Etam on the Sinai peninsula that are
to be evacuated by the Government of Israel; and
"(2) for purposes of such construction, to furnish as a grant
to the Government of Israel, on such terms and conditions as the
President may determine, defense articles and defense services,
which he may acquire from any source, of a value not to exceed the
amount appropriated pursuant to section 562(a).
" Sec. 562. // 22 USC 2349a. // Authorization and Utilization of
Funds.--(a) There is authorized to be appropriated to the President to
carry out this chapter not to exceed $800,000,000, which may be made
available until expended.
"(b) Upon agreement by the Government of Israel to provide to the
Government of the United States funds equal to the difference between
the amount required to complete the agreed construction work and the
amount appropriated pursuant to subsection (a) of this section, and to
make those funds available, in advance of the time when payments are
due, in such amounts and at such times as may be required by the
Government of the United States to meet those additional costs of
construction, the President may incur obligations and enter into
contracts to the extent necessary to complete the agreed construction
work, except that this authority shall be effective only to such extent
or in such amounts as are provided in advance in appropriation Acts.
"(c) Funds made available by the Government of Israel pursuant to
subsection (b) of this section may be credited to the appropriation
account established to carry out the purposes of this section for the
payment of obligations incurred and for refund to the Government of
Israel if they are unnecessary for that purpose, as determined by the
President. Credits and the proceeds of guaranteed loans made available
to the Government of Israel pursuant to the Arms Export Control Act, //
22 USC 2751 // as well as any other source of financing available to it,
may be used by Israel to carry out its undertaking to provide such
additional funds.
" Sec. 563. // 22 USC 2349b. // Waiver Authorities.--(a) It is the
sense of the Congress that the President should take all necessary
measures consistent with law to insure the efficient and timely
completion of the construction authorized by this chapter, including the
exercise of authority vested in him by section 633(a) of this Act. //
22 USC 2393. //
"(b) The provisions of paragraph (3) of section 636(a) of this Act //
22 USC 2396. // shall be applicable to the use of funds available to
carry out this chapter, except that no more than sixty persons may be
engaged at any one time under that paragraph for purposes of this
chapter.".
LOAN
GUARANTIES FOR EGYPT AND ISRAEL
Sec. 4. // 22 USC 3402. // (a) The Congress finds that the
legitimate defense interests of Israel and Egypt require a one time
extraordinary assistance package due to Israel's phased withdrawal from
the Sinai and Egypt's shift from reliance on Soviet weaponry. The
authorizations contained in this section do not, however, constitute
Congressional approval of the sale of any particular weapons system to
either country. These sales will be reviewed under the normal
procedures set forth in section 36(b) of the Arms Export Control Act.
// 22 USC 2776. //
(b) In addition to amounts authorized to be appropriated for the
fiscal year 1979 by section 31(a) of the Arms Export Control Act, // 22
USC 2771. // there is authorized to be appropriated to the President to
carry out that Act $370,000,000 for the fiscal year 1979.
(c) Funds made available pursuant to subsection (b) of this section
may be used only for guaranties for Egypt and Israel pursuant to section
24(a) of the Arms Export Control Act. // 22 USC 2764. // The principal
amount of loans guaranteed with such funds may not exceed $3,700,000,000
of which $2,200,000,000 shall be available only for Israel and
$1,500,000,000 shall be available only for Egypt. The principal amount
of such guaranteed loans shall be in addition to the aggregate ceiling
authorized for the fiscal year 1979 by section 31(b) of the Arms Export
Control Act. // 22 USC 2771. //
(d) Loans guaranteed with funds made available pursuant to subsection
(b) of this section shall be on terms calling for repayment within a
period of not less than thirty years, including an initial grace period
of ten years on repayment of principal.
(e)(1) The Congress finds that the Governments of Israel and Egypt
each have an enormous external debt burden which may be made more
difficult by virtue of the financing authorized by this section. The
Congress further finds that, as a consequence of the impact of the debt
burdens incurred by Israel and Egypt under such financing, it may becom
necessary in future years to modify the terms of the loans guaranteed
with funds made available pursuant to this section.
(2) In order to assist the Congress in determining whether any such
modification is warranted, the President shall transmit to the Speaker
of the House of Representatives and to the chairman of the Committee on
Foreign Relations of the Senate, by January 15 of each year, an annual
report regarding economic conditions prevailing in Israel and Egypt
which may affect their respective ability to meet their obligations to
make payments under the financing authorized by this section. In
addition to such annual report, the President shall transmit a report
containing such information within thirty days after receiving a request
therefor from the chairman of the Committee on Foreign Relations of the
Senate or from the chairman of the Committee on Foreign Affairs of the
House of Representattives.
EGYPT
Sec. 5. // 22 USC 3403. // There is authorized to be appropriated to
the President to carry out chapter 4 of part II of the Foreign
Assistance Act of 1961, // 22 USC 2346. // $300,000,000 for the fiscal
year 1979 for Egypt, in addition to amounts otherwise authorized to be
appropriated for such chapter for the fiscal year 1979. The amounts
appropriated pursuant to this section may be made available until
expended.
TO EGYPT
Sec. 6. // 22 USC 3404. // The President is authorized to transfer
to Egypt, on such terms and conditions as he may determine, such of the
facilities and related property of the United States Sinai field Misson
as he may determine, upon the termination of the activities of the Sinai
Field Mission in accordance with the terms of the peace treaty between
Egypt and Israel.
IN THE
MIDDLE EAST
Sec. 7. // 22 USC 3405. // (a) It is the sense of the Congress that
other countries should give favorable consideration to providing support
for the implementation of the peace treaty between Egypt and Israel.
Therefore, the Congress requests that the President consult with other
countries in order to (1) promote and develop an agreement for the
establishment of a peace development fund whose purpose would be to
underwrite the costs of implementing a Middle East peace, and (2)
encourage investments in Israel and Egypt and other countries in the
region should they join in Middle East peace agreements.
(b) Not later than January 31, 1980, the President shall report to
the Congress with regard to (1) the efforts made by the United States to
consult with other countries in order to increase the economic
assistance provided by other donors to Egypt and Israel and to others in
the region participating in the peace process, and (2) the impact on
Egypt's economy of Arab sanctions against Egypt.
STATES
Sec. 8. // 22 USC 3406. // (a) It is the sense of the Congress that,
in order to continue to build the structure of peace in the Middle East,
the United States should be prepared to participate, at an appropriate
time, in trilateral cooperative projects of a scientific and
technological nature involving Egypt, Israel, and the United States.
(b) Therefore, the President shall develop a plan to guide the
participation of both United States Government agencies and private
institutions in such projects. This plan shall identify--,
(1) potential projects in a variety of areas appropriate for
scientific and technological cooperation by the three countries,
including agriculture, health, energy, the environment, education,
and water resources;
(2) the resources which are available or which would be needed
to implement such projects; and
(3) the means by which such projects would be implemented.
(c) The President shall transmit the plan developed pursuant to
subsection (b) to the Congress within twelve months after the date of
enactment of this Act.
IMPLEMENTING THE PEACE
TREATY BETWEEN EGYPT AND ISRAEL
Sec. 9. // 22 USC 3407. // Not later than ninety days after the date
of enactment of this Act, the President shall submit to the Congress a
detailed and comprehensive report on the costs to the United States
Government associated with implementation of the peace treaty between
Egypt and Israel. The report shall include estimates of all costs of
any kind to any department or agency of the United States Government
which may result from United States activities in support of the peace
treaty.
Sec. 10. // 22 USC 3408. // // 22 USC 3201. // In accordance with
the Nuclear Non-Proliferation Act of 1978, the Congress strongly
encourages all countries in the Middle East which are not parties to the
Treaty on the Non-Proliferation of Nuclear Weapons to become parties to
that Treaty.
Approved July 20, 1979.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 161 accompanying H.R. 4035 (Comm. on Foreign
Affairs).
SENATE REPORT No. 96 - 113 (Comm. on Foreign Relations).
CONGRESSIONAL RECORD, Vol. 125 (1979):
May 14, considered and passed Senate.
May 30, H.R. 4035 considered and passed House; passage vacated
and S. 1007, amended, passed in lieu.
June 21, Senate concurred in House amendments with an
amendment.
June 28, House concurred in Senate amendment.
PUBLIC LAW 96-34, 93 STAT. 87
upon the tenth anniversary
of the first manned landing on the Moon and requesting
the President to
proclaim the period of July 16 through 24, 1979, as
" United States Space
Observance".
Whereas the decision by this Nation to land men on the Moon and
return them safely to Earth was a bold decision unlike any other; and
Whereas the success of the Apollo program, America's manned missions
to the Moon, represented an unparalleled triumph of this country's
scientific and technological genius; and
Whereas the vitality of the partnership between American industry,
Government, and universities was demonstrated by the Apollo missions and
their pioneering predecessors, Mercury and Gemini; and
Whereas the steadfast courage of the Apollo astronauts recalls the
heroic spirit of earlier Americans and serves as models for skill and
bravery in the future; and
Whereas the openness and peaceful nature of Apollo underscores the
freedoms and desire for peace so characteristic of American society;
and
Whereas the vision of planet Earth, floating in a sea of vast
darkness as photographed by the men aboard the Apollo spacecraft, has
altered forever our view of ourselves and of our fragile world; and
Whereas the National Aeronautics and Space Administration and other
organizations throughout the world involved in space exploration have
cooperated in the cause of peaceful exploration of space for the benefit
of all mankind; and
Whereas in the week of July 16 through 24, 1969, the people of the
world were brought closer together by the first manned exploration of
the Moon: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That Congress upon the tenth
anniversary of the first manned landing on the Moon congratulates the
men and women who made Apollo possible; and be it further
Resolved, That the President is authorized and requested to issue a
proclamation designating the period of July 16 through 24, 1979, as "
United States Space Observance", and calling upon the people of the
United States to observe such period with appropriate ceremonies and
activites.
Approved July 17, 1979.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 320 (Comm. on Post Office and Civil Service).
SENATE REPORT No. 96 - 240 accompanying S.J. Res. 77 (Comm. on the
Judiciary).
CONGRESSIONAL RECORD, Vol. 125 (1979):
July 10, considered and passed House.
July 12, considered and passed Senate.
PUBLIC LAW 96-33, 93 STAT. 86
Act to authorize the Secretary
of Health, Education, and Welfare to extend
conditional designations of State
health planning and development agencies.
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 1521(b)(2)(B) of the Public Health Service Act // 42 USC
300m. // is amended to read as follows: " The period of an agreement
described in subparagraph (A) shall not extend beyond July 31, 1979, or
thirty-six months after such agreement has been entered into, whichever
comes later.".
Approved July 16, 1979.
LEGISLATIVE HISTORY:
CONGRESSIONAL RECORD, Vol. 125 (1979):
June 25, considered and passed House.
June 27, considered and passed Senate, amended.
June 28, House concurred in Senate amendment.
PUBLIC LAW 96-32, 93 STAT. 82
health laws to correct printing
and other technical errors.
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That (a) paragraph (3)(B) of
subsection (b) of the first section of Public Law 95 - 613 (92 Stat.
3093) // 42 USC 300a-2. // is amended by striking out "1979;
$3,600,000 for the fiscal year ending September 30, 1980;" and inserting
in lieu thereof "1979, $120,800,000 for the fiscal year ending September
30,".
(b) The amendment made by subsection (a) // 42 USC 300a-2 // shall be
effective as of November 8, 1978.
Sec. 2. (a) Section 3(c)(2)(B) of the Health Maintenance
Organization Amendments of 1978 (Public Law 95 - 559) // 42 USC 300e-3.
// is amended by inserting "of this subsection" after "paragraph (3)".
(b) Section 11(a) of such Amendments // 42 USC 300e. // is amended
by striking out "section 1310(b)" and inserting in lieu thereof "section
1301(b)".
(c) Section 14(b)(1) of such Amendments // 42 USC 1320a-1. // is
amended by striking out "organizations" and inserting in lieu thereof
"organization".
(d) Section 1305(b)(1) of the Public Health Service Act (42 U.S.C.
300e-4(b)(1)) (as amended by section 4(a)(1) of such Amendments) is
amended by striking out "$4,000,000" each place it occurs and inserting
in lieu thereof "$4,500,000".
(e) Section 1305 A(c)(1) of the Public Health Service Act (42 U.S.C.
300e-4(c)(1)) // 42 USC 300e-4a. // (as added by section 5 of such
Amendments) is amended by striking out " The" and inserting in lieu
thereof "the".
(f) Section 1310(e)(1) of the Public Health Service Act (42 U.S.C.
300e-9(e)(1)) is amended by striking out "subsection (a)" and inserting
in lieu thereof "subsection (a), (b), or (c)".
Sec. 3. (a) Section 504(b)(3) of the Rehabilitation, Comprehensive
Services, and Developmental Disabilities Amendments of 1978 (Public Law
95 - 602) // 42 USC 6081. // is amended by striking out "to the" and
inserting in lieu thereof "for the".
(b) Section 506(a)(3) of such Amendments // 42 USC 6009. // is
amended by striking out "that such State" and inserting in lieu thereof
"that each State".
Sec. 4. Section 1802 of the Public Health Service Act (42 U.S.C.
300v-1) (added by section 301 of Public Law 95 - 622) is amended by
striking out "(b) Definitions" and inserting in lieu thereof "(f)
Definitions".
Sec. 5. (a) Section 3(b) of the Health Services Research, Health
Statistics, and Health Care Technology Act of 1978 (Public Law 95 - 623)
// 42 USC 242b. // is amended by striking out "second time" and
inserting in lieu thereof "third time".
(b) Section 3(d) of such Act is amended by striking out " Section
304(d)(3)" and inserting in lieu thereof " Section 304(b)(3)".
(c) Subsection (e) of section 304 of the Public Health Service Act
(42 U.S.C. 242c(e)) (added by section 7 of the Health Services Research,
Health Statistics, and Health Care Technology Act of 1978) // 42 USC
242b. // is redesignated as subsection (d).
(d) Subsection (f)(2)(A) of section 309 of the Public Health Service
Act (42 U.S.C. 242n) (added by section 6(c) of the Health Services
Research, Health Statistics, and Health Care Technology Act of 1978) is
amended by striking out " Chief Medical Officer" and inserting in lieu
thereof " Chief Medical Director".
Sec. 6. (a) Paragraph (7)(L) of section 329(a) of the Public Health
Service Act (42 U.S.C. 247d(a)(7)(L)) // 42 USC 254b. // (as amended by
section 103(a)(3) of the Health Services and Centers Amendments of 1978
(Public Law 95 - 626)) is amended by striking out ";and" and inserting
in lieu thereof a period.
(b) Section 104(d)(5) of the Health Services and Centers Amendments
of 1978 // 42 USC 254c. // is amended by striking out " Paragraph (2)
of subsection (e)" and inserting in lieu thereof " Paragraph (3) (as so
redesignated) of subsection (e)".
(c) The last sentence of section 330(g)(2) of the Public Health
Service Act (42 U.S.C. 254c(g)(2)) (as amended by section 104(f)(3) of
such Amendments) is amended by striking out "this subsection" and
inserting in lieu thereof "this paragraph".
(d) Paragraph (4) of section 330(g) of the Public Health Service Act
(42 U.S.C. 254c(g)(4)) (as amended by section 104(f)(4) of such
Amendments) is redesignated as paragraph (3).
(e) In paragraph (2)(C)(ii) of the amendment to section 314(d) of the
Public Health Service Act // 42 USC 246. // made by section 201( b)(2)
of such Amendments strike out "uniform national reporting system" and
insert in lieu thereof "uniform national health program reporting
system".
(f) In the last sentence of paragraph (4)(A) of the amendment to
section 314(d) of the Public Health Service Act (42 U.S.C. 246(d)(4)(
A)) made by section 201(b)(2) of such Amendments (1) strike out "
Notwithstanding clauses (i) and (ii)" and insert in lieu thereof "
Notwithstanding the preceding provisions of this subparagraph", (2)
strike out "the amounts determined" and insert in lieu thereof "the
amount determined", and (3) insert before the period a comma and the
following: "except that if the amount appropriated for a fiscal year is
equal to or less than the amount appropriated for the fiscal year ending
September 30, 1979, the total amount of grants for a State health
authority shall be an amount which bears the same ratio to the amount
appropriated as the total amount of grants received by such authority
from the appropriations for the fiscal year ending September 30, 1979,
bears to the amount appropriated for that fiscal year".
(g) Section 202 of such Amendments // 42 USC 247b // is amended by
striking out " Effective October 1, 1979" and inserting in lieu thereof
" Effective October 1, 1978".
(h) Section 315(d) of the Public Health Service Act (42 U.S.C. 247(
d)) (added by section 203 of such Amendments) is amended by striking out
"subsection (1)" each place it occurs and inserting in lieu thereof
"subsection (k)".
(i) Section 317(j) of the Public Health Service Act (42 U.S.C. 247b(
j)) (as amended by section 202 of such Amendments) is amended (1) by
striking out "or (3)" in paragraph (4) and inserting in lieu thereof
"(3), or (4)", (2) by redesignating paragraph (4) as paragraph (5), and
(3) by inserting after paragraph (3) the following new paragraph:
"(4) For the purpose of grants under subsection (a) for establishing
and mainting community and school-based fluoridation programs, there are
authorized to be appropriated $5,000,000 for the fiscal year ending
September 30, 1980, and $5,000,000 for the fiscal year ending September
30, 1981."
(j) Section 204(c)(2) of such Amendments // 42 USC 247c. // is
amended by striking out "demonstration," and inserting in lieu thereof
"demonstrations,".
(k) Section 1707(f) of the Public Health Service Act (42 U.S.C.
300u-6(f)) (added by section 501 of such Amendments) is amended by
striking out "section 503(d) of this Act" and inserting in lieu thereof
"section 1708(c)".
(1) Subsection (d) of section 1708 of the Public Health Service Act
(42 U.S.C. 300u-8(d)) // 42 USC 300u-7. // (added by section 501 of
such Amendments) is redesignated as subsection (c).
Sec. 7. (a) Title II of the Public Health Service Act is amended by
inserting above section 221 (42 U.S.C. 213a) the following title
heading:
(b) Section 320(a) of the Public Health Service Act (42 U.S.C. 255(
a)) (as amended by section 105 of Public Law 95 - 626) is amended by
striking out "under section 332 or 361 of this Act" and inserting in
lieu thereof "under subsection (b) oo section 361".
(c) Section 330(d)(1)(B) of the Public Health Service Act (42 U.S.C.
254c(d)(1)(B)) is amended by striking out "subsection (e)(2)" and
inserting in lieu thereof "subsection (e)(3)".
(d) Section 332(a)(2)(C) of the Public Health Service Act (42 U.S.C.
254e(a)(2)(C)) is amended by striking out "part D of title III" and
inserting in lieu thereof "section 320".
(e) Subpart 3 of part F of title III of the Public Health Service Act
is amended by inserting above section 360 A (42 U.S.C. 263i) the
following section heading:
(f) Section 404(a)(7) of the Public Health Service Act (42 U.S.C.
285(a)(7)) is amended by inserting a comma after "general public".
(g) Sections 208(c), 337(b)(2), 436 A(d), 440(d), and 1503(c)(3) of
the Public Health Service Act (42 U.S.C. 210(c), 289c-3a(d), 289c-7(d),
300k-3(c)(3)) // 42 USC 254j. // are each amended by striking out
"section 5703(b)" and inserting in lieu thereof "section 5703".
(h) Subsections (a) and (b) of section 12 of the Emergency Medical
Services Amendments of 1976 (Public Law 94 - 573) // 42 USC 295f-6. //
are each amended by striking out " Section 776" and inserting in lieu
thereof " Section 789".
(i) Section 751(g)(3) of the Public Health Service Act (42 U.S.C.
294t(g)(3)) is amended by striking out "section 5303" and inserting in
lieu thereof "section 5305".
(j) Section 839(a) of the Public Health Service Act (42 U.S.C. 297e(
a)) is amended by striking out " September 30, 1977" and inserting in
lieu thereof " December 31, 1980".
(k) Section 853(6) of the Public Health Service Act (42 U.S.C. 298b(
6)) is amended by striking out "this clause (3)" and inserting in lieu
thereof "this clause".
(1) Section 1203(c)(2) of the Public Health Service Act (42 U.S.C.
300d-2(c)(2)) is amended by striking out "the first at least" and
inserting in lieu thereof "at least the first".
(m) Section 1513(e)(1)(A)(i) of the Public Health Service Act (42 U.
S.C. 3001-2(e)(1)(A)(i)) // 42 USC 300l-2. // is amended by inserting
"of 1972" after " Treatment Act".
(n) Section 1701(b) of the Public Health Service Act (42 U.S.C.
300u(b)) // 42 USC 300u-6, 300u-7, 300u-8. // is amended by inserting
"(other than grants and contracts under sections 1707, 1708, and 1709)"
after "this title".
Sec. 8. (a)(1) Section 103 of the Community Mental Health Centers
Extension Act of 1978 (Public Law 95 - 622) // 42 USC 2689b // is
amended by adding at the end the following new subsection:
"(c) The amendments made by this section shall take effect with
respect to grants made under section 203 of the Community Mental Health
Centers Act // 42 USC 2689b. // from appropriations made for fiscal
years ending after September 30, 1977."
(2) Section 110(b) of Public Law 95 - 622 // 42 USC 2689b // is
amended (A) by inserting "(1)" after "(b)", and (B) by adding at the end
the following:
"(2) The amendment made by paragraph (1) shall take effect with
respect to grants made under section 203(e) of the Community
Mental Health Centers Act from appropriations made for fiscal
years ending after September 30, 1977."
(3) Section 111 of Public Law 95 - 622
// 42 USC 2689 //
is amended by striking out "section 110(c)" and inserting in lieu
thereof "sections 103, 110(b)(1), and 110(c)".
(b) Section 206(c)(2)(B) of the Community Mental Health Centers Act
(42 U.S.C. 2689e(c)(2)(B)) is amended by inserting "and" at the end of
clause (iii).
Approved July 10, 1979.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 187 (Comm. on Interstate and Foreign Commerce).
CONGRESSIONAL RECORD, Vol. 125 (1979):
Jan. 18, considered and passed Senate.
June 25, considered and passed House, amended.
June 27, Senate agreed to House amendments.
PUBLIC LAW 96-31, 93 STAT. 81
to reduce marketing
penalties for peanuts.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That, effective for the
1978 through 1981 crops of peanuts, section 359 of the Agricultural
Adjustment Act of 1938, as amended (7 U.S.C. 1359), // 7 USC 1359 // is
amended by adding at the end thereof a new subsection (k) as follows:
"(k) Notwithstanding any other provision of this section, the amount
of any penalty assessed under this section may be reduced, in accordance
with regulations issued by the Secretary, if the Secretary determines
that the marketing subject to the penalty was done unintentionally or
unknowingly and that a reduction in the amount of the penalty would not
impair the effective operation of the price support program for
peanuts.".
Approved July 7, 1979.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 213 accompanying H.R. 3575 (Comm. on
Agriculture).
SENATE REPORT No. 96 - 118 (Comm. on Agriculture, Nutrition, and
Forestry).
CONGRESSIONAL RECORD, Vol. 125 (1979):
May 10, considered and passed Senate.
June 25, H.R. 3575 considered and passed House; passage
vacated and S. 984 passed in lieu.
PUBLIC LAW 96-30, 93 STAT. 80
companies that participate in the
Agreement on an International Energy Program.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 252(j) of
the Energy Policy and Conservation Act of 1975 (42 U.S.C. 6272(j)) is
amended by striking out " June 30, 1979" and inserting in lieu thereof "
October 31, 1979".
Approved June 30, 1979.
LEGISLATIVE HISTORY:
CONGRESSIONAL RECORD, Vol. 125 (1979):
June 26, considered and passed Senate.
June 27, 28, considered and passed House.
PUBLIC LAW 96-29, 93 STAT. 78, DEPARTMENT OF DEFENSE SUPPLEMENTAL
APPROPIATION AUTHORIZATION ACT, 1979
year 1979 for procurement of
aircraft, missiles, and naval vessels and for research,
development, test, and
evaluation for the Armed Forces, 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 Supplemental Appropriation
Authorization Act, 1979".
Sec. 101. In addition to the funds authorized to be appropriated
under title I of the Department of Defense Appropriation Authorization
Act, 1979, // 92 Stat. 1611. // funds are hereby authorized to be
appropriated for fiscal year 1979 for the use of the Air Force and the
Navy for procurement of aircraft, missiles, and naval vessels, as
authorized by law, in amounts as follows:
(1) For aircraft: for the Air Force, $45,000,000.
(2) For missiles: for the Navy, $143,700,000.
(3) For naval vessels: for the Navy, $1,450,700,000.
Sec. 102. There is authorized to be appropriated for fiscal year
1979 the sum of $80,100,000 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).
Sec. 103. (a) During fiscal year 1979, 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:
(2) waive any surcharge for administrative services otherwise
chargeable; and
(3) in connection with the NATO E-3 A Cooperative Programme for
fiscal year 1979, assume contingent liability for--,
charges levied
within the United States on the program; and
(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.
Sec. 201. In addition to the funds authorized to be appropriated
under title II of the Department of Defense Appropriation Authorization
Act, 1979, // 92 Stat. 1612. // funds are hereby authorized to be
appropriated for fiscal year 1979 for the use of the Armed Forces for
research, development, test, and evaluation, as authorized by law, in
amounts as follows:
(1) For the Army, $43,700,000.
(2) For the Navy, $3,000,000.
(3) For the Air Force, $253,800,000.
Sec. 202. (a) It is the sense of the Congress that maintaining a
survivable land-based intercontinental ballistic missile system is vital
to the security of the United States and that development of a new
basing mode for land-based intercontinental ballistic missiles is
necessary to assure the survivability of the land-based system. To this
end, the development of the MX missile, together with a new basing mode
for such missile, should proceed so as to achieve Initial Operational
Capability (IOC) for both such missile and such basing mode at the
earliest practicable date.
(b) In addition, it is the sense of the Congress that the basing mode
for the MX missile should be restricted to location on the least
productive land available that is suitable for such purpose.
(c) In accordance with the sense of Congress expressed in subsection
(a), the Secretary of Defense shall proceed immediately with full scale
engineering development of the missile basing mode known as the Multiple
Protective Structure (MPS) system concurrently with full scale
engineering development of the MX missile, unless and until the
Secretary of Defense certifies to the Congress that an alternative
basing mode is militarily or technologically superior to, and is more
cost effective than, the MPS system or the President informs the
Congress that in his view the MPS system is not consistent with United
States national security interests.
(d) Nothing in this section shall be construed to prohibit or
restrict the study of alternative basing modes for land-based
intercontinental ballistic missiles.
Approved June 27, 1979.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 96 - 90 accompanying H.R. 2575 (Comm. on Armed
Services) and No. 96 - 282 (Comm. of Conference).
SENATE REPORTS: No. 96 - 62 (Comm. on Armed Services) and No. 96 -
223 (Comm. of Conference).
CONGRESSIONAL RECORD, Vol. 125 (1979):
May 2, 3, considered and passed Senate.
May 31, H.R. 2575 considered and passed House; passage vacated
and S. 429, amended, passed in lieu.
June 18, Senate agreed to conference report.
June 21, House agreed to conference report.
PUBLIC LAW 96-28, 93 STAT. 76
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That subsection (b) of
section 207 of title 18, United States Code, as amended by the Act of
October 26, 1978 (Public Law 95 - 521, section 501(a); 92 Stat. 1864)
is amended as follows: In clause (ii), strike "concerning" and insert
"by personal presence at"; and in subparagraph (3), before "which was"
insert ", as to (i)," and after "responsibility, or" insert ", as to
(ii),".
SEC. 2. Subsection (d) of section 207 of title 18, United States
Code, is amended to read as follows:
"(d)(1) Subsection (c) of this section shall apply to a person
employed--,
"(A) at a rate of pay specified in or fixed according to
subchapter II of chapter 53 of title 5, United States Code,
// 5 USC 5301. //
or a comparable or greater rate of pay under other authority;
"(B) on active duty as a commissioned officer of a uniformed
service assigned to pay grade of O-9 or above as described in
section 201 of title 37, United States Code; or
"(C) in a position which involves significant decision-making
or supervisory responsibility, as designated under this
subparagraph by the Director of the Office of Government Ethics,
in consultation with the department or agency concerned. Only
positions which are not covered by subparagraphs (A) and (B)
above, and for which the basic rate of pay is equal to or greater
than the basic rate of pay for GS-17 of the General Schedule
prescribed by section 5332 of title 5, United States Code,
// 5 USC 5332. //
or positions which are established within the Senior Executive
Service pursuant to the Civil Service Reform Act of 1978,
// 5 USC 1101. //
or positions of active duty commissioned officers of the uniformed
services assigned to pay O-7 or O-8, as described in section 201
of title 37, United States Code, may be designated. As to persons
in positions designated under this subparagraph, the Director may
limit the restrictions of subsection (c) to permit a former
officer or employee, who served in a separate agency or bureau
within a department or agency, to make appearances before or
communications to persons in an unrelated agency or bureau, within
the same department or agency, having separate and distinct
subject matter jurisdiction, upon a determination by the Director
that there exists no potential for use of undue influence or
unfair advantage based on past government service. On an annual
basis, the Director of the Office of Government Ethics shall
review the designations and determinations made under this
subparagraph and, in consultation with the department or agency
concerned, make such additions and deletions as are necessary.
Departments and agencies shall cooperate to the fullest extent
with the Director of the Office of Government Ethics in the
exercise of his responsibilities under this paragraph.
"(2) The prohibition of subsection (c) shall not apply to
appearances, communications, or representation by a former officer or
employee, who is--,
"(A) an elected official of a State or local government, or
"(B) whose principal occupation or employment is with (i) an
agency or instrumentality of a State or local government, (ii) an
accredited, degree-granting institution of higher education, as
defined in section 1201(a) of the Higher Education Act of 1965,
// 20 USC 1141. //
or (iii) a hospital or medical research organization, exempted and
defined under section 501(c)(3) of the Internal Revenue Code of
1954,
// 26 USC 501. //
and the appearance, communication, or representation is on behalf
of such government, institution, hospital, or organization.".
Approved June 22, 1979.
LEGISLATIVE HISTORY:
SENATE REPORT No. 96 - 115 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 125 (1979):
Apr. 9, considered and passed House Senate.
May 16, 24, considered and passed House, amended.
June 14, Senate concurred in House amendments, with an
amendment.
June 15, House concurred in Senate amendment to House amendment
No. 1 and receded from House amendment No. 2.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 15, No. 25:
June 22, Presidential statement.
PUBLIC LAW 96-27, 93 STAT. 75
Commission on Financial
Oversight of the District of Columbia, 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 5(a) of the
Act entitled " An Act to provide for an independent audit of the
financial condition of the government of the District of Columbia",
approved September 4, 1976, // D.C. Code 47 - 101 // is amended by
inserting immediately before the last sentence thereof the following: "
In addition to the amount authorized by the preceding sentence and for
the purposes set forth therein, there are authorized to be appropriated,
for the fiscal year ending September 30, 1979, the sum of $9,000,000,
and for the fiscal year ending September 30, 1980, the sum of
$13,000,000, one-half of which sums shall be from funds in the Treasury
not otherwise appropriated and one-half from funds in the Treasury to
the credit of the District of Columbia.".
Sec. 2. (a) The first section of the Act entitled " An Act to
provide for an independent audit of the financial condition of the
government of the District of Columbia", approved September 4, 1976 (D.
C. Code, sec. 47 - 101 note), is amended by inserting "(a)" before
"there is hereby".
(b) Subsections (h), (i), and (j) of section 2 of such Act // D.C.
Code 47 - 101 // are amended by striking out " Commission" each place it
appears therein and inserting in lieu thereof "commission".
Approved June 21, 1979.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 96 - 130 accompanying H.R. 3879 and No. 96 - 131
accompanying H.R. 3672 (both from Comm. on the District of Columbia).
SENATE REPORT No. 96 - 139 accompanying S. 905 (Comm. on Governmental
Affairs).
CONGRESSIONAL RECORD, Vol. 125 (1979):
May 17, considered and passed House.
May 24, considered and passed Senate, amended, in lieu of S.
905.
June 13, House concurred in Senate amendment.
PUBLIC LAW 96-26, 93 STAT. 74
on Oceans and Atmosphere
Act of 1977 to authorize appropriations to carry out
the provisions of such Act for
fiscal year 1980, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 8 of the
National Advisory Committee on Oceans and Atmosphere Act of 1977 (33 U.
S.C. 857 - 18) is amended--,
(1) by striking out "1978, and" in the first sentence and
inserting in lieu thereof "1978,",
(2) by striking out "1979." in the first sentence and inserting
in lieu thereof "1979, $565,000 for the fiscal year ending
September 30, 1980 and $600,000 for the fiscal year ending
September 30, 1981.", and
(3) by striking the second sentence.
Approved June 21, 1979.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 116 (Comm. on Merchant Marine and Fisheries).
SENATE REPORT No. 96 - 131 accompanying S. 951 (Comm. on Commerce,
Science, and Transportation).
CONGRESSIONAL RECORD, Vol. 125 (1979):
May 14, considered and passed House.
June 4, considered and passed Senate, amended, in lieu of S.
951.
June 14, House concurred in Senate amendment.
PUBLIC LAW 96-25, 93 STAT. 71, SHIPPING ACT AMENDMENTS OF 1979
provisions prohibiting rebating
practices in the United States foreign trades.
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 " Shipping Act Amendments of 1979".
Sec. 2. Section 16 of the Shipping Act, 1916, is amended by striking
"$5,000" in the sixth paragraph, and inserting, in lieu thereof,
"$25,000".
Sec. 3. Section 18(b) of the Shipping Act, 1916, is amended by
deleting subsection (6) thereof and by adding the following new language
in lieu thereof:
"(6) Whoever violates any provision of this section, other than
subsection (b)(3) hereof involving rebates or refunds shall be subject
to a civil penalty of not more than $5,000 for each day such violation
continues.
"(7) Whoever violates subsection (b)(3) hereof by means of rebates or
refunds, shall be subject to a civil penalty of not more than $25,000
for each shipment on which a rebate or refund was paid and to suspension
by the Commission of any or all tariffs filed by or on behalf of such
carrier, or suspension of that carrier's right to utilize any or all
tariffs of conferences of which that carrier may be a member, for a
period not to exceed twelve months. Any carrier whose tariffs or rights
of use thereof have been suspended pursuant to this paragraph and who
accepts cargo for carriage during the suspension period which cargo
otherwise would have been governed by the provisions of the suspended
tariff(s) shall be subject to a civil penalty of not more than $50,000
for each shipment so accepted.
" For purposes of this subsection and section 22(c) of this Act, a
shipment shall mean all of that cargo, the carriage of which is
evidenced by a single bill of lading."
Sec. 4. Section 21 of the Shipping Act, 1916, is amended by
designating the existing two paragraphs as subsection "(a)" and by
adding a new subsection (b) as follows:
"(b) The Commission shall require the chief executive officer
of every vessel operating common carrier by water in foreign
commerce
and to the extent it deems feasible, may require any shipper,
dosignor, aonsignee, forwarder, borker, other carrier or other
person subject to this Act, to file a periodic, written
certification under oath with the Commission attesting to--,
receipt of
any rebate which is unlawful under the provisions of
this Act;
recently to
each owner, officer, employee, and agent thereof;
or
otherwise, to prevent or correct illegal rebating; and
investigation
of illegal rebating or refunds in United States
foreign trades, and
in its efforts to end such illegal practices.
The Commission may by regulation prescribe the form
and content of
any certification required under the authority of this
subsection.
Failure to file any such certification shall result in
a civil penalty of
not more than $5,000 for each day such violation
continues.".
Sec. 5. Section 22 of the Shipping Act, 1916, is amended as follows:
(a) designate the two existing paragraphs as "(a)" and "(b)",
respectively;
(b) amend subsection (b), as designated by this Act, by
deleting therefrom the phrase "except as to orders for the payment
of money,"; and
(c) immediately after subsection (b), as designated by this
Act, insert the following:
authority granted to
the Commission by subsections (a) and (b) hereof, the
Commission
may, on its own motion, institute an adjudicatory
investigation into
possible violations of section 16 (other than
paragraphs First and
Third) involving rebates or refunds in foreign
commerce or violations
of section 18(b)(3) involving rebates or refunds, with
the powers set
forth in subsection (c)(2) hereof in addition to those
already contained
in sections 27, 43, and other sections of this Act.
respondent to a
proceeding instituted pursuant to subsection (c)(1), or
any other
person directly or indirectly controlling, controlled
by, or under
common control with such respondent carrier, to comply
with any
subpena or any duly issued order compelling an answer
to interrogatories
or to designated questions propounded by deposition or
compelling
production of documents in relation to any
investigation conducted
under subsection (c)(1), shall authorize the
Commission to issue
an order to show cause why any or all tariffs filed
pursuant to section
18(b) of this Act, by or on behalf of the respondent
carrier, or any or
all rights of the respondent carrier to utilize such
tariffs in the case of
conference tariffs, should not be suspended until that
carrier or any
person directly or indirectly controlling, controlled
by, or under
common control with such carrier, has fully responded
to the pertinent
deposition, interrogatory, production request or
motion, or
subpena, and after such proceeding, to so suspend those
tariffs or the
respondent carrier's rights to utilize such tariffs.
Any carrier whose
tariff(s) or rights of use thereof have been suspended
pursuant to this
subparagraph and who accepts cargo for carriage during
the suspension
period which cargo otherwise would have been governed
by the
provisions of the suspended tariff(s) shall be subject
to a civil penalty
of not more than $50,000 for each shipment so accepted.
subpena or
discovery order issued in relation to any investigation
conducted
under subsection (c)(1), a common carrier alleges
documents or
information are located in a foreign country and cannot
be produced
because of the laws of that country, the Commission
shall immediately
notify the Secretary of State of such failure to
comply and of the
allegation relating to foreign laws. Upon receiving
such notification,
the Secretary of State shall promptly consult with
the government of
the nation within which the documents or information
are alleged to
be located for the purpose of assisting the Commission
in obtaining
the documents or information sought.
subsection
(c)(2), or section 18(b)(7) of this Act, becomes
effective, it shall be
immediately submitted to the President who may, within
ten days
after receiving it, disapprove any such order if he
finds that disapproval
is required for reasons of the national defense or the
foreign
policy of the United States.".
Sec. 6. Section 23 of the Shipping Act, 1916, is amended by deleting
therefrom the language ",other than for the payment of money,".
Sec. 7. Section 27 of the Shipping Act, 1916, is amended by deleting
from subsection (b) thereof the phrase "other than for the payment of
money".
Sec. 8. Section 29 of the Shipping Act, 1916, is amended by deleting
therefrom the phrase "other than an order for the payment of money,".
Sec. 9. Section 30 of the Shipping Act, 1916, is amended in the
initial and final paragraphs thereof by deleting the phrase "for the
payment of money" and by inserting, in lieu thereof, the phrase "for the
payment of reparation".
Sec. 10. Section 32 of the Shipping Act, 1916, is amended by
inserting at the end thereof the following new subsections:
"(d) No penalty shall be imposed on any person for conspiracy
after August 29, 1972: (1) to rebate or refund in violation of
the initial paragraph or paragraph Second of section 16, or under
section 18(b)(3) of this Act; or (2) to defraud the Commission by
concealment of such rebates or refunds in any manner.
"(e) Notwithstanding any other provision of law, the Commission
shall have authority to assess or compromise all civil penalties
provided in this Act: Provided, however, That, in order to assess
such penalties a formal proceeding under section 22 of this Act
shall be commenced within five years from the date when the
violation occurred.".
Sec. 11. The provisions of this Act, including the amendments made
by this Act, shall become effective immediately upon its date of
enactment.
Approved June 19, 1979.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 232 accompanying H.R. 3055 (Comm. on Merchant
Marine and Fisheries).
SENATE REPORT No. 96 - 147 (Comm. on commerce, Science, and
Transportation).
CONGRESSIONAL RECORD, Vol. 125 (1979):
May 23, considered and passed Senate.
June 4, H.R. 3055 considered and passed House; passage vacated
and S. 199, amended, passed in lieu.
June 5, Senate agreed to House amendments.
PUBLIC LAW 96-24, 93 STAT. 70
Security Act of 1974 to
postpone for 10 months the date on which the
corporation must pay benefits
under terminated multiemployer plans.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 4082(c) of
title IV of the Employee Retirement Income Security Act of 1974 // 29
USC 1381. // (relating to effective dates; special rules) as amended
by Public Law 95 - 214, is further amended--,
(1) by striking "july 1, 1979" in paragraphs (1), (2), and (4)
and substituting " May 1, 1980" in each such paragraph; and
(2) by striking " June 30, 1979" in paragraphs 2(B) and 4(D)
and substituting " April 30, 1980" in each such paragraph.
Approved June 19, 1979.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 215 (Comm. on Education and Labor).
CONGRESSIONAL RECORD, Vol. 125 (1979):
June 4, considered and passed House.
June 6, considered and passed Senate.
PUBLIC LAW 96-23, 93 STAT. 68
fiscal years 1980 and
1981, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That funds are hereby
authorized to be appropriated for necessary expenses of the Coast Guard
for fiscal year 1980, as follows:
(1) for the operation and maintenance of the Coast Guard,
including expenses related to the Capehart housing debt reduction:
$1,058,357,000;
(2) for the acquisition, construction, rebuilding, and
improvement of aids to navigation, shore facilities, vessels, and
aircraft, including equipment related thereto: $292,811,000, to
remain available until expended;
(3) for the alteration or removal of bridges over navigable
waters of the United States, constituting obstructions to
navigation: $14,900,000, to remain available until expended; and
(4) for research, development, test, and evaluation:
$25,525,000, to remain available until expended.
Sec. 2. For fiscal year 1980, the Coast Guard is authorized an end
of year strength for active duty personnel of 39,578: Provided, That
the ceiling shall not include members of the Ready Reserve called to
active duty under the authority of section 764 of title 14, United
States Code.
Sec. 3. For fiscal year 1980, average military training student
loads for the Coast Guard are authorized as follows:
(1) recruit and special training: 3,940 students;
(2) flight training: 110 students;
(3) professional training in military and civilian
institutions: 438 students; and
(4) officer acquisitions: 940 students.
Sec. 4. Subsection 42(a) of title 14, United States Code, is amended
to read as follows:
"(a) The total number of commissioned officers, excluding
commissioned warrant officers, on active duty in the Coast Guard shall
not exceed 6,000.".
Sec. 5. (a) Subsection 432(g) of title 14, United States Code, is
amended by striking out "$7,500" in the fourth sentence and inserting
"$15,000" in its place so that, in pertinent part, it reads as follows:
". . . In no case shall basic compensation exceed $15,000 per annum,
except . . . . " .
(b) The Coast Guard may issue retroactive pay to its remaining
civilian lighthouse keepers in an amount equal to the difference between
what the keeper actually received and what he would have received under
the General Schedule salary rate had there not been a statutory
limitation of $7,500 on his annual salary. This amount is to be
calculated from the time at which his salary reached the statutory
limitation to the date of enactment of this Act.
Approved June 13, 1979.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 118 accompanying H. R. 2295 (Comm. on Merchant
Marine and Fisheries).
SENATE REPORT No. 96 - 134 (Comm. on Commerce, Science, and
Transportation).
CONGRESSIONAL RECORD, Vol. 125 (1979):
May 17, considered and passed Senate.
May 31, H. R. 2295 considered and passed House; passage
vacated and S. 709 passed in lieu.
PUBLIC LAW 96-22, 93 STAT. 47, VETERANS HEALTH CARE AMENDMENT OF 1979
improve certain
health-care programs of the Veterans' Administration,
to authorize the
construction, alteration, and acquisition of certain
medical facilities, and
to expand certain benefits for disabled veterans; and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) this Act // 38
USC 101 // may be cited as the " Veterans' Health Care Amendments of
1979".
(b) Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of title 38, United States Code.
SERVICE- CONNECTED
DISABILITIES
Sec. 101. Clause (3) of section 612(i) // 38 USC 612. // is amended
by inserting "(including any veteran being examined to determine the
existence or rating of a service-connected disability)" before the
period.
Sec. 102. (a) Section 610(c) // 38 USC 610. // is amended by addng
at the end thereof the following new sentence: " The Administrator may
furnish dental services and treatment, and related dental appliances,
undr this subsection for a non-service-connected dental condition or
disability of a veteran only (1) to the extent that the Administrator
determines that the dental facilities of the Veterans' Administration to
be used to furnish such services, treatment, or appliances are not
needed to furnish services, treatment, or appliances for dental
conditions or disabilities described in section 612(b) of this title, //
38 USC 612; // or (2) if (A) such non-service-connected dental
condition or disability is associated with or aggravating a disability
for which such veteran is receiving hospital care, or (B) a compelling
medical reason or a dental emergency requires furnishing dental
services, treatment, or appliances (excluding the furnishing of such
services, treatment, or appliances of a routine nature) to such veteran
during the period of hospitalization under this section.".
(b)(1) Subsection (b) of section 612 is amended--,
(A) by striking out "or" at the end of clause (5);
(B) by striking out the period at the end of clause (6) and
inserting in lieu thereof a semicolon; and
(C) by adding at the end thereof the following:
"(7) from which any veteran of World War I, World War II, the
Korean conflict, or the Vietnam era who was held as a prisoner of
war for a period of not less than six months is suffering; or
"(8) from which a veteran who has a service-connected
disability rated as total is suffering.
In any year in which the President's Budget for the fiscal year
beginning October 1 of such year includes an amount for expenditures for
contract dental care under the provisions of subsections (a) and (f) of
this section // 38 USC 612 // and section 601(4)(C) of this title during
such fiscal year in excess of the level of expenditures made for such
purpose during fiscal year 1978, the Administrator shall, not later than
February 15 of such year, submit a report to the appropriate committees
of the Congress justifying the requested level of expenditures for
contract dental care and explaining why the application of the criteria
prescribed in section 601(4)(C) of this title for contracting with
private facilities and in the second sentence of section 610(c) of this
title // 38 USC 610; // for furnishing incidental dental care to
hospitalized veterans will not preclude the need for expenditures for
contract dental care in excess of the fiscal year 1978 level of
expenditures for such purpose. In any case in which the amount included
in the President's Budget for any fiscal year for expenditures for
contract dental care under such provisions is not in excess of the level
of expenditures made for such purpose during fiscal year 1978 and the
Administrator determines after the date of submission of such budget and
before the end of such fiscal year that the level of expenditures for
such contract dental care during such fiscal year will exceed the fiscal
year 1978 level of expenditures, the Administrator shall submit a report
to the appropriate committees of the Congress containing both a
justification (with respect to the projected level of expenditures for
such fiscal year) and an explanation as required in the preceding
sentence in the case of a report submitted pursuant to such sentence.
Any report submitted pursuant to this subsection shall include a comment
by the Administrator on the effect of the application of the criteria
prescribed in the second sentence of section 610(c) of this title for
furnishing incidental dental care to hospitalized veterans.".
(2) Subsection (f) of such section // 38 USC 601. // is amended by
adding at the end thereof the following new sentenc: " The
Administrator may also furnish outpatient dental services and treatment,
and related appliances, to any veteran described in subsection (b)(7) of
this section.".
(c) Section 601 is amended--,
(1) by inserting "of the first sentence, or in the third
sentence," in paragraph (4)(C)(ii) after "(1)(B) or (2)"; and
(2) by striking out "authorized in section 612(b), (c), (d),
and (e)" in paragraph (6)(A)(i) and inserting in lieu thereof
"described in sections 610 and 612".
// 38 USC 610, 612. //
Sec. 103. (a)(1) Subchapter II of chapter 17 is amended by inserting
after section 612 the following new section:
" Section 612 A. // 38 USC 612 A. // Eligibility for readjustment
for readjuctment counseling and related mental health services
"(a) Upon the request of any veteran who served on active duty during
the Vietnam era, the Administrator shall, within the limits of Veterans'
Administration facilities, furnish counseling to such veteran to assist
such veteran in readjusting to civilian life if such veteran requests
such counseling within two years after the date of such veteran's
discharge or release from active duty or two years after the effective
date of this section, whichever is later. Such counseling shall include
a general mental and psychological assessment to ascertain whether such
veteran has mental or psychological problems associated with
readjustment to civilian life.
(b)(1) If, on the basis of the assessment furnished under subsection
(a) of this section, a physician or psychologist employed by the
Veterans' Administration (or, in areas where no such physician or
psychologist is available, a physician or psychologist carrying out such
function under a contract or fee arrangement with the Administrator)
determines that the provision of mental health services to such veteran
is necessary to facilitate the successful readjustment of the veteran to
civilian life, such veteran shall, within the limits of Veterans'
Administration facilities, be furnished such services on an outpatient
basis under the conditions specified in clause (1)(B) of section 612(f)
of this title. // 38 USC 612. // For the purposes of furnishing such
mental health services, the counseling furnished under subsection (a) of
this section shall be considered to have been furnished by the Veterans'
Administration as a part of hospital care. Any hospital care and other
medical services considered necessary on the basis of the assessment
furnished under subsection (a) of this section shall be furnished only
in accordance with the eligibility criteria otherwise set forth in this
chapter (including the eligibility criteria set forth in section 611(b)
of this title). // 38 USC 611. //
"(2) Mental health services furnished under paragraph (1) of this
subsection may, if determined to be essential to the effective treatment
and readjustment of the veteran, include such consultation, counseling,
training, services, and expenses as are described in section 601(6)(B)
of this title. // 38 USC 601. //
"(c) Upon receipt of a request for counseling under this section from
any individual who has been discharged or released from active military,
naval, or air service but who is not eligible for such counseling, the
Administrator shall--,
"(1) provide referral services to assist such individual, to
the maximum extent practicable, in obtaining mental health care
and services from sources outside the Veterans' Administration;
and
"(2) if pertinent, advise such individual of such individual's
rights to apply to the appropriate military, naval, or air service
and the Veterans' Administration for review of such individual's
discharge or release from such service.
"(d) The Chief Medical Director may provide for such training of
professional, paraprofessional, and lay personnel as is necessary to
carry out this section effectively, and, in carrying out this section
may utilize the services of paraprofessionals, individuals who are
volunteers working without compensation, and individuals who are
veteran-students (as described in section 1685 of this title), // 38 USC
1685. // in initial intake and screening activities.
"(e)(1) In furnishing counseling and related mental health services
under subsections (a) and (b) of this section, the Administrator shall
have available the same authority to enter into contracts with private
facilities that is available to the Administrator (under sections 612(
f)(2) and 601(4)(C)(ii) of this title) // 38 USC 612, 601. // in
furnishing medical services to veterans suffering from total
service-connected disabilities.
"(2) Before furnishing counseling or related mental health services
described in subsection (a) and (b) of this section through a contract
facility, as authorized by this subsection, the Administrator shall
approve (in accordance with criteria which the Administrator shall
prescribe by regulation) the quality and effectiveness of the program
operated by such facility for the purpose for which the counseling or
services are to be furnished.
"(3) The authority of the Administrator to enter into contracts under
this subsection shall be effective for any fiscal year only to such
extent or in such amounts as are provided in appropriation Acts.
"(f) The Administrator, in cooperation with the Secretary of Defense,
shall take such action as the Administrator considers appropriate to
notify veterans who may be eligible for assistance under this section of
such potential eligibility.".
(2) The table of sections at the beginning of chapter 17 is amended
by inserting after the item relating to section 612 the following new
item:
"612 A. Eligibility for readjustment counseling and related mental
health services.".
(b) In the event of a declaration of war by the Congress after the
date of enactment of this Act, // 38 USC 612 A // the Administrator of
Veterans' Affairs, not later than six months after the date of such
declaration, shall determine and recommend to the Congress whether
eligibility for the readjustment counseling and related mental health
services provided for in section 612 A of title 38, United States Code
(as added by subsection (a) of this section) should be extended to the
veterans of such war.
VETERANS
WITH ALCOHOL OR DRUG DEPENDENCE OR ABUSE
DISABILITIES
Sec. 104. (a) Subchapter II of chapter 17 is amended by adding at
the end thereof the following new section:
" Section 620 A. // 38 USC 602 A. // Treatment and rehabilitation
for alcohol or drug dependence or abuse disabilities; pilot program
"(a)(1) The Administrator, in furnishing hospital, nursing home, and
domiciliary care and medical and rehabilitative services under this
chapter, may conduct a pilot program under which the Administrator may
contract for care and treatment and rehabilitative services in halfway
houses, therapeutic communities, psychiatric residential treatment
centers, and other community-based treatment facilities of elgible
veterans suffering from alcohol or drug dependence or abuse
disabilities. Such pilot program shall be planned, designed, and
conducted by the Chief Medical Director, with the approval of the
Administrator, so as to demonstrate any medical advantages and cost
effectiveness that may result from furnishing such care and services to
veterans with such disabilities in contract facilities as authorized by
this section, rather than in facilities over which the Administrator has
direct jurisdiction.
"(2) Before furnishing such care and services to any veteran through
a contract facility as authorized by paragraph (1) of this subsection,
the Administrator shall approve (in accordance with criteria which the
Administrator shall prescribe by regulation) the quality and
effectiveness of the program operated by such facility for the purpose
for which such veteran is to be furnished such care and services.
"(b) The Administrator, in consultation with the Secretary of Labor
and the Director of the Office of Personnel Management, may take
appropriate steps to (1) urge all Federal agencies and appropriate
private and public firms, organizations, agencies, and persons to
provide appropriate employment and training opportunities for veterans
who have been provided treatment and rehabilitative services under this
title for alcohol or drug dependence or abuse disabilities and have been
determined by competent medical authority to be sufficiently
rehabilitated to be employable, and (2) provide all possible assistance
to the Secretary of Labor in placing such veterans in such
opportunities.
"(c) Upon receipt of an application for treatment and rehabilitative
services under this title for an alcohol or drug dependence or abuse
disability from any individual who has been discharged or released from
active military, naval, or air service but who is not eligible for such
treatment and services, the Administrator shall--,
"(1) provide referral services to assist such individual, to
the maximum extent practicable, in obtaining treatment and
rehabilitative services from sources outside the Veterans'
Administration; and
"(2) if pertinent, advise such individual of such individual's
rights to apply to the appropriate military, naval, or air service
and the Veterans' Administration for review of such individual's
discharge or release from such service.
"(d)(1) Any person serving in the active military, naval, or air
service who is determined by the Secretary concerned to have an alcohol
or drug dependence or abuse disability may not be transferred to any
facility in order for the Administrator to furnish care or treatment and
rehabilitative services for such disability unless such transfer is
during the last thirty days of such member's enlistment period or tour
of duty, in which case such care and services provided to such member
shall be provided as if such member were a veteran. Any transfer of any
such member for such care and services shall be made pursuant to such
terms as may be agreed upon by the Secretary concerned and the
Administrator, subject to the provisions of the Act of March 4, 1915(31
U.S.C. 686).
"(2) No person serving in the active military, naval, or air service
may be transferred pursuant to an agreement made under paragraph (1) of
this subsection unless such person requests such transfer in writing for
a specified period of time during the last thirty days of such person's
enlistment period or tour of duty. No such person transferred pursuant
to such a request may be furnished such care and services by the
Administrator beyond the period of time specified in such request,
unless such person requests in writing an extension for a further
specified period of time and such request is approved by the
Administrator.
"(e) The Administrator may not furnish care and treatment and
rehabilitative services under subsection (a) of this section after the
last day of the fifth fiscal year following the fiscal year in which the
pilot program authorized by such subsection is initiated.
"(f) Not later than March 31, 1983, the Administrator shall report to
the Committees on Veterans' Affairs of the Senate and House of
Representatives on the findings and recommendations of the Administrator
pertaining to the operation through September 30, 1982, of the pilot
program authorized by this section.
"(g) The authority of the Administrator to enter into contracts under
this section shall be effective for any fiscal year only to such extent
or in such amounts as are provided in appropriation Acts.".
(b) The table of sections at the beginning of chapter 17 is amended
by adding after the item relating to section 620 the following new item:
"620 A. Treatment and rehabilitation for alcohol or drug dependence
or abuse disabilities; pilot program.".
Sec. 105. (a) Chapter 17 is amended by adding at the end thereof the
following new subchapter:
Pilot Program
" Section 661. // 38 USC 661. // Purpose
" The purpose of this subchapter is to provide for a preventive
health-care services pilot program under which the Administrator may
attempt to (1) ensure the best possible health care for certain veterans
with service-connected disabilities rated at 50 per centum or more and
for certain veterans being furnished treatment involving a
service-connected disability under this chapter, by furnishing to such
veterans feasible and appropriate preventive health-care services, and
(2) determine the cost-effectiveness and medical advantages of
furnishing such preventive health-care services.
" Section 662. // 38 USC 662. // Definition
" For the purposes of this subchapter, the term 'preventive
health-care services' means--,
"(1) periodic medical and dental examinations;
"(2) patient health education (including nutrition education);
"(3) maintenance of drug use profiles, patient drug monitoring,
and drug utilization education;
"(4) mental health preventive services;
"(5) substance abuse prevention measures;
"(6) immunizations against infectious disease;
"(7) preventionof musculoskeletal deformity or other gradually
developing disabilities of a metabolic or degenerative nature;
"(8) genetic counseling concerning inheritance of genetically
determined diseases;
"(9) routine vision testing and eye care services;
"(10) periodic reexamination of members of likely target
populations (high-risk groups) for selected diseases and for
functional decline of sensory organs, together with attendant
appropriate remedial intervention; and
"(11) such other health-care services as the Administrator may
determine to be necessary to provide effective and economical
preventive health care.
"$section 663. // 38 USC 663. // Preventive health-care services
"(a)(1) In order to carry out the purpose of this subchapter, the
Administrator, within the limits of Veterans' Administration facilities
and in accordance with regulations which the Administrator shall
prescribe, may furnish to any veteran described in section 612(f)(2) of
this title, // 38 USC 612. // and to any veteran receiving care and
treatment under this chapter involving a service-connected disability,
such preventive health-care services as the Administrator determines are
feasible and appropriate.
"(2) In connection with preventive health-care services furnished
under paragraph (1) of this subsection, the Administrator, in accordance
with regulations which the Administrator shall prescribe, may institute
appropriate controls and carry out followup studies (including research)
to determine the medical advantages and cost-effectiveness of furnishing
such preventive health-care services.
"(b) In carrying out the pilot program provided for by this
subchapter, the Administrator may not furnish preventive health-care
services after September 30, 1984.
"(c) In carrying out this subchapter, the Administrator shall
emphasize the utilization of interdisciplinary health-care teams
composed of various professional and paraprofessional personnel.
"(d) In order to carry out the program provided for in this
subchapter, the Administrator may not expend more than $10,000,000 in
fiscal year 1980, more than $12,000,000 in fiscal year 1981, more than
$13,000,000 in fiscal year 1982, more than $14,000,000 in fiscal year
1983, or more than $15,000,000 in fiscal year 1984.
" Section 664. Reports
" The Administrator shall include in the annual report to the
Congress required by section 214 of this title // 38 USC 664. 38 USC
214. // a comprehensive report on the administration of this
subchapter, including such recommendations for additional legislation as
the Administrator considers necessary.".
(b) The table of sections at the beginning of such chapter is amended
by adding at the end thereof the following:
PILOT PROGRAM
"661. Purpose.
"662. Definition.
"663. Preventive health-care services.
"664. Reports.".
SERVICES WITHIN
THE UNITED STATES FOR COMMONWEALTH ARMY VETERANS
AND NEW
PHILIPPINE SCOUTS
Sec. 106. (a) Subchapter IV of chapter 17 is amended by
redesignating section 634 as section 635 and by inserting after section
633 the following new section:
" Section 634. // 38 USC 634. // Hospital and nursing home care and
medical services in the United States
" The Administrator, within the limits of Veterans' Administration
facilities, may furnish hospital and nursing home care and medical
services to Commonwealth Army veterans and new Philippine Scouts for the
treatment of the service-connected disabilities of such veterans and
scouts.".
(b) The table of sections at the beginning of chapter 17 is amended
by striking out the item relating to section 634 and inserting in lieu
thereof the following new items:
"6349 Hospital and nursing home care and medical services in the
United States.
"635. Definitions.".
Sec. 107. The amendments made to title 38, United States Code, // 38
USC 601 // by sections 102, 103, 104, 105, and 106 of this Act shall be
effective on October 1, 1979.
Sec. 201. (a) Paragraph (4) of section 601 // 38 USC 601. // is
amended--,
(1) by inserting "or of a veteran described in section 612(g)
of this title
// 38 USC 612. //
if the Administrator has determined, based on an examination by a
physician employed by the Veterans' Administration (or, in areas
where no such physician is available, by a physician carrying out
such function under a contract or fee arrangement), that the
medical condition of such veteran precludes appropriate treatment
in facilities described in clauses (A) and (B) of this paragraph"
before the semicolon at the end of subclause (ii) of clause (C);
(2) by striking out "or" after the semicolon at the end of
subclause (iv) of clause (C), and striking out the period at the
end of such clause and inserting in lieu thereof a semicolon and
the following: "or (vi) diagnostic services necessary for
determination of eligibility for, or of the appropriate course of
treatment in connection with, the provision of medical services at
independent Veterans' Administration outpatient clinics to obviate
the need for hospital admission."; and
(3) by adding below clause (C) the following new sentence:
" In the case of any veteran for whom the Administrator contracts to
provide treatment in a private facility pursuant to the provisions of
this paragraph, the Administrator shall periodically review the
necessity for continuing such contractual arrangement pursuant to such
provision.".
(b) Not later than February 1, 1980, and annually thereafter, the
Chief Medical Director of the Veterans' Administration shall submit to
the appropriate committees of the Congress, through the Administrator of
Veterans' Affairs, a full report on the implementation of section
601(4)(C)(v) of title 38, United States Code, and the amendments made by
this section, and on the numbers of veterans provided contract treatment
(and the average cost and duration thereof) in each State (as defined in
section 101(20) of title 38, United States Code) // 38 USC 101. // in
the categories described in the following provisions of such title:
sections 601(4)(C), 610(a), 612(a), 612(f)(1)(A), 612(f)( 1)(B),
612(f)(2), 612(g), 612 A (as added by section 103(a)(1) of this Act),
the third sentence of section 612(f) (as added by section 102(b)( 2) of
this Act), and section 620 A (as added by section 104(a) of this Act).
OF
RECOGNIZED VETERANS' SERVICE ORGANIZATIONS
Sec. 202. Section 611 // 38 USC 611. // is amended by adding at the
end thereof the following new subsection:
"(c)(1) The Administrator may contract with any organization
recognized by the Administrator for the purposes of section 3402 of this
title to provide for the furnishing by the Administrator, on a
reimbursable basis (as prescribed by the Administrator), of emergency
medical services to individuals attending any national convention of
such organization, except that reimbursement shall not be required for
services furnished under this subsection to the extent that the
individual receiving such services would otherwise be eligible under
this chapter for medical services.
"(2) The authority of the Administrator to enter into contracts under
this subsection shall be effective for any fiscal year only to such
extent or in such amounts as are provided in appropriation Acts.".
LEASE, AND
ACQUISITION OF MEDICAL FACILITIES
Sec. 301. (a) Subchapter I of chapter 81 is amended to read as
follows:
Facilities
" Section 5001. // 38 USC 5001. // Definitions
" For the purposes of this subchapter:
"(1) The term 'alter', with respect to a medical facility, means to
repair, remodel, improve, or extend such medical facility.
"(2) The terms 'construct' and 'alter', with respect to a medical
facility, include such engineering, architectural, legal, fiscal, and
economic investigations and studies and such surveys, designs, plans,
working drawings, specifications, procedures, and other similar actions
as are necessary for the construction or alteration, as the case may be,
of such medical facility and as are carried out after the completion of
the advanced planning (including the development of project requirements
and preliminary plans) for such facility.
"(3) The term 'medical facility' means any facility or part thereof
which is, or will be, under the jurisdiction of the Administrator for
the provision of health-care services (including hospital, nursing home,
or domiciliary care or medical services), including any necessary
building and auxiliary structure, garage, parking facility, mechanical
equipment, trackage facilities leading thereto, abutting sidewalks,
accommodations for attending personnel, and recreation facilities
associated therewith.
"(4) The term 'committee' means the Committee on Veterans' Affairs of
the House of Representatives or the Committee on Veterans' Affairs of
the Senate, and the term 'committees' means both such committees. "
Section 5002. // 38 USC 5002. // Acquisition of medical facilities
"(a) The Administrator shall provide medical facilities for veterans
entitled to hospital, nursing home, or domiciliary care or medical
services under this title.
"(b) No medical facility may be constructed or otherwise acquired or
altered except in accordance with the provisions of this subchapter.
"(c) In carrying out this subchapter, the Administrator--,
"(1) shall provide for the construction and acquisition of
medical facilities in a manner that results in the equitable
distribution of such facilities throughout the United States,
taking into consideration the comparative urgency of the need for
the services to be provided in the case of each particular
facility; and
"(2) shall give due consideration to excellence of architecture
and design.
" Section 5003. // 38 USC 5003. // Authorith to construct and alter,
and to acquire sites for, medical facilities
"(a) Subject to section 5004 of this title, the Administrator--,
"(1) may construct or alter any medical facility and may
acquire, by purchase, lease, condemnation, donation, exchange, or
otherwise, such land or interests in land as the Administrator
considers necessary for use as the site for such construction or
alteration;
"(2) may acquire, by purchase, lease, condemnation, donation,
exchange, or otherwise, any facility (including the site of such
facility) that the Administrator considers necessary for use as a
medical facility; and
"(3) in order to assure compliance with section 5010(a)(2) of
this title, in the case of any outpatient medical facility for
which it is proposed to lease space and for which a qualified
lessor and an appropriate leasing arrangement are available, shall
execute a lease for such facility within 12 months after funds are
made available for such purpose.
"(b) Whenever the Administrator considers it to be in the interest of
the United States to construct a new medical facility to replace an
existing medical facility, the Administrator (1) may demolish the
existing facility and use the site on which it is located for the site
of the new medical facility, or (2) if in the judgment of the
Administrator it is more advantageous to construct such medical facility
on a different site in the same locality, may exchange such existing
facility and the site of such existing facility for the different site.
"(c) Whenever the Administrator determines that any site acquired for
the construction of a medical facility is not suitable for that purpose,
the Administrator may exchange such site for another site to be used for
that purpose or may sell such site.
" Section 5004. // 38 USC 5004. // Congressional approval of certain
medical facility acquisitions
"(a) In order to ensure the equitable distribution of medical
facilities throughout the United States, taking into consideration the
comparative urgency of the need for the services to be provided in the
case of each particular facility--,
"(1) no appropriation may be made for the construction,
alteration, or acquisition (not including exchanges) of any
medical facility which involves a total expenditure of more than
$2,000,000 unless each committee has first adopted a resolution
approving such construction, alteration, or acquisition and
setting forth the estimated cost thereof; and
"(2) no appropriation may be made for the lease of any space
for use as a medical facility at an average annual rental of more
than $500,000 unless each committee has first adopted a resolution
approving such lease and setting forth the estimated cost thereof.
"(b) In the event that the President or the Administrator proposes to
the Congress the funding of any construction, alteration, lease, or
other acquisition to which subsection (a) of this section is applicable,
the Administrator shall submit to each committee, on the same day, a
prospectus of the proposed medical facility. Such prospectus shall
include--,
"(1) a detailed description of the medical facility to be
constructed, altered, leased, or otherwise acquired under this
subchapter, including a description of the location of such
facility;
"(2) an estimate of the cost to the United States of the
construction, alteration, lease or other acquisition of such
facility (including site costs, if applicable); and
"(3) an estimate of the cost to the United States of the
equipment required for the operation of such facility.
"(c) The estimated cost of any construction, alteration, lease, or
other acquisition that is approved under this section, as set forth in
the pertinent resolutions described in subsection (a) of this section,
may be increased by the Administrator in the contract for such
construction, alteration, lease, or other acquisition by an amount equal
to the percentage increase, if any, as determined by the Administrator,
in construction, alteration, lease, or other acquisition costs, as the
case may be, from the date of such approval to the date of contract, but
in no event may the amount of such increase exceed 10 per centum of such
estimated cost.
"(d) In the case of any medical facility approved for construction,
alteration, lease, or other acquisition by each committee under
subsection (a) of this section for which funds have not been
appropriated within one year after the date of such approval, either
such committee may by resolution rescind its approval at any time
thereafter before such funds are appropriated.
"(e) In any case in which the Administrator proposes that funds be
used for a purpose other than the purpose for which such funds were
appropriated, the Administrator shall promptly notify each committee, in
writing, of the particulars involved and the reasons why such funds were
not used for the purpose for which appropriated.
"(f) The Administrator may accept gifts or donations for any of the
purposes of this subchapter.
" Section 5005. // 38 USC 5005. // Structural requirements
"(a) Each medical facility (including each nursing home facility for
which the Administrator contracts under section 620 of this title // 38
USC 620. // and each State home facility constructed or altered under
section 5031 of this title) // 38 USC 5031. // shall be of fire,
earthquake, and other natural disaster resistant construction in
accordance with standards which the Administrator shall prescribe on a
State or regional basis after surveying appropriate State and local
laws, ordinances, and building codes and climatic and seismic conditions
pertinent to each such facility. When an existing structure is acquired
for use as a medical facility, it shall be altered to comply with such
standards.
"(b)(1) In order to carry out this section, the Administrator shall
appoint an advisory committee to be known as the ' Advisory Committee on
Structural Safety of Veterans' Administration Facilities', on which
shall serve at least one architect and one structural engineer who are
experts in structural resistance to fire, earthquake, and other natural
disasters and who are not employees of the Federal Government.
"(2) Such advisory committee shall advise the Administrator on all
matters of structural safety in the construction and altering of medical
facilities in accordance with the requirements of this section and shall
review and make recommendations to the Administrator on the regulations
prescribed under this section.
"(3) The Associate Deputy Administrator, the Chief Medical Director
or the designee of the Chief Medical Director, and the Veterans'
Administration official charged with the responsibility for construction
shall be ex officio members of such advisory committee.
" Section 5006. // 38 USC 5006. // Construction contracts
"(a) The Administrator may carry out any construction or alteration
authorized under this subchapter by contract if the Administrator
considers it to be advantageous to the United States to do so.
"(b)(1) The Administrator may obtain, by contract or otherwise, the
services of individuals who are architects or engineers and of
architectural and engineering corporations and firms, to the extent that
the Administrator may require such services for any medical facility
authorized to be constructed or altered under this subchapter.
"(2) No corporation, firm, or individual may be employed under the
authority of paragraph (1) of this subsection on a permanent basis.
"(c) Notwithstanding any other provision of this section, the
Administrator shall be responsible for all construction authorized under
this subchapter, including the interpretation of construction contracts,
the approval of materials and workmanship supplied pursuant to a
construction contract, approval of changes in the construction contract,
certification of vouchers for payments due the contractor, and final
settlement of the contract. " Section 5007. // 38 USC 5007. // Reports
to congressional committees
"(a) In order to promote effective planning for the orderly
construction, replacement, and alteration of medical facilities in
accordance with the comparative urgency of the need for the services to
be provided by such facilities, the Administrator shall submit to each
committee an annual report on the construction, replacement, and
alteration of medical facilities. Such report shall be submitted to the
committees on the same day each year and shall contain--,
"(1) a five-year plan for the construction, replacement or
alteration of those medical facilities that, in the judgment of
the Administrator, are most in need of construction, replacement,
or alteration;
"(2) a list, in order of priority, of not less than ten
hospitals that, in the judgment of the Administrator, are most in
need of construction or replacement; and
"(3) general plans (including projected costs, site location,
and, if appropriate, necessary land acquisition) for each medical
facility included in the five-year plan required under clause (1)
of this subsection or the list required under clause (2) of this
subsection.
The first such report shall be submitted not later than September 1,
1979, and each succeeding report shall be submitted not later than June
30 of each year.
"(b) The Administrator shall submit to each committee not later than
January 31 of each year (beginning in 1981) a report showing the
location, space, cost, and status of each medical facility the
construction, alteration, lease, or other acquisition of which has been
approved under section 5004(a) of this title and, in the case of the
second and each succeeding report made under this subsection, which was
uncompleted as of the date of the last preceding report made under this
subsection.
" Section 5008. // 38 USC 5008. // Contributions to local
authorities
" The Administrator may make contributions to local authorities
toward, or for, the construction of traffic controls, road improvements,
or other devices adjacent to a medical facility if considered necessary
for safe ingress or egress.
" Section 5009. // 38 USC 5009. // Garage and parking facilities
"(a) The Administrator may construct, alter, operate, and maintain,
on reservations of medical facilities, garages and parking facilities
for the accommodation of privately owned vehicles of employees of such
facilities and vehicles of visitors and other individuals having
business at such facilities.
"(b)(1) The Administrator may establish and collect (or provide for
the collection of) fees for the use of such garages and parking
facilities at such rate or rates which the Administrator determines
would be reasonable under the particular circumstances; but no fee may
be charged for the accommodation of any publicly or privately owned
vehicle used in connection with the transportation of a veteran to or
from any medical facility for the purposes of examination or treatment
or in connection with any visit to any patient in such facility.
Employees using such garages shall make such reimbursement therefor as
the Administrator may deem reasonable.
"(2) The Administrator may contract, by lease or otherwise, with
responsible persons, firms, or corporations for the operation of such
parking facilities, under such terms and conditions as the Administrator
shall prescribe, and without regard to the laws concerning advertising
for competitive bids.
"(c)(1) There are authorized to be appropriated such amounts as are
necessary to finance in part the construction, alteration, operation,
and maintenance of garages and parking facilities (other than the
construction or alteration of any garage or parking facility involving
the expenditure of more than $2,000,000). Amounts appropriated under
the authority of this section, and all income from fees collected for
the use of such garages and parking facilities, shall be administered as
a revolving fund to effectuate the provisions of this section, but only
to the extent provided for in appropriation Acts.
"(2) The revolving fund shall be deposited in a checking account with
the Treasurer of the United States, except that such amounts thereof as
the Administrator may determine to be necessary to establish and
maintain operating accounts for the various garages and parking
facilities may be placed in depositories selected by the Administrator.
" Section 5010. // 38 USC 5010. // Operation of medical facilities
"(a)(1) The Administrator, subject to the approval of the President,
is authorized to establish and operate not less than one hundred and
twenty-five thousand hospital beds in medical facilities over which the
Administrator has direct jurisdiction for the care and treatment of
eligible veterans. The Administrator shall staff and maintain, in such
a manner as to ensure the immediate acceptance and timely and complete
care of patients, sufficient beds and other treatment capacities to
accommodate, and provide such care to, eligible veterans applying for
admission and found to be in need of hospital care or medical services.
"(2) The Administrator shall maintain the bed and treatment
capacities of all Veterans' Administration medical facilities so as to
ensure the accessibility and availability of such beds and treatment
capacities to eligible veterans in all States and to minimize delays in
admissions and in the provision of hospital, nursing home, and
domiciliary care, and of medical services furnished pursuant to section
612 of this title. // 38 USC 612; //
"(3) The Chief Medical Director shall periodically analyze agencywide
admission policies and the records of those eligible veterans who apply
for hospital care and medical services but are rejected or not
immediately admitted or provided such care or services, and the
Administrator shall annually advise each committee of the results of
such analysis and the number of any additional beds and treatment
capacities and the appropriate staffing and funds therefor found
necessary to meet the needs of such veterans for such necessary care and
services.
"(b) The Administrator, subject to the approval of the President, is
authorized to establish and operate not less than twelve thousand beds
during fiscal year 1980, and during each fiscal year thereafter, for the
furnishing of nursing home care to eligible veterans in facilities over
which the Administrator has direct jurisdiction. The beds authorized by
this subsection shall be in addition to the beds provided for in
subsection (a) of this section.
"(c) When the Administrator determines, in accordance with
regulations which the Administrator shall prescribe, that a Veterans'
Administration facility serves a substantial number of veterans with
limited English-speaking ability, the Administrator shall establish and
implement procedures, upon the recommendation of the Chief Medical
Director, to ensure the identification of sufficient numbers of
individuals on such facility's staff who are fluent in both the language
most appropriate to such veterans and in English and whose
responsibilities shall include providing guidance to such veterans and
to appropriate Veterans' Administration staff members with respect to
cultural sensitivities and bridging linguistic and cultural differences.
" Section 5011. // 38 USC 5011. // Use of Armed Forces facilities
" The Administrator and the Secretary of the Army, the Secretary of
the Air Force, and the Secretary of the Navy may enter into agreements
and contracts for the mutual use or exchange of use of hospital and
domiciliary facilities, and such supplies, equipment, and material as
may be needed to operate such facilities properly, or for the transfer,
without reimbursement of appropriations, of facilities, supplies,
equipment, or material necessary and proper for authorized care for
veterans, except that at no time shall the Administrator enter into any
agreement which will result in a permanent reduction of Veterans'
Administration hospital and domicilary beds below the number established
or approved on June 22, 1944, plus the estimated number required to meet
the load of eligibles under this title, or in any way subordinate or
transfer the operation of the Veterans' Administration to any other
agency of the Government.
"$section 5012. // 38 USC 5012. // Partial relinquishment of
legislative jurisdiction
" The Administrator, on behalf of the United States, may relinquish
to the State in which any lands or interests therein under the
supervision or control of the Administrator are situated, such measure
of legislative jurisdiction over such lands or interests as is necessary
to establish concurrent jurisdiction between the Federal Government and
the State concerned. Such partial relinquishment of legislative
jurisdiction shall be initiated by filing a notice thereof with the
Governor of the State concerned, or in such other manner as may be
pprescribed by the laws of such State, and shall take effect upon
acceptance by such State.
" Section 5013. // 38 USC 5013. // Property formerly owned by
National Home for Disabled Volunteer Soldiers
" If by reason of any defeasance or conditional clause or clauses
contained in any deed of conveyance of property to the National Home for
Disabled Volunteer Soldiers, which property is owned by the United
States, the full and complete enjoyment and use of such property is
threatened, the Attorney General, upon request of the President, shall
institute in the United States district court for the district in which
the property is located such proceedings as may be proper to extinguish
all outstanding adverse interests. The Attorney General may procure and
accept, on behalf of the United States, by gift, purchase, cession, or
otherwise, absolute title to, and complete jurisdiction over, all such
property.
" Section 5014. // 38 USC 5014. // Use of federally owned
facilities; use of personnel
"(a) The Administrator, subject to the approval of the President, may
use as medical facilities such suitable buildings, structures, and
grounds owned by the United States on March 3, 1925, as may be available
for such purposes, and the President may by Executive order transfer any
such buildings, structures, and grounds to the control and jurisdiction
of the Veterans' Administration upon the request of the Administrator.
"(b) The President may require the architectural, engineering,
constructing, or other forces of any of the departments of the
Government to do or assist in the construction and alteration of medical
facilities, and the President may employ for such purposes individuals
and agencies not connected with the Government, if in the opinion of the
President such is desirable, at such compensation as the President may
consider reasonable.
" Section 5015. // 38 USC 5015. // Acceptance of certain property
" The President may accept from any State or other political
subdivision, or from any person, any building, structure, equipment, or
grounds suitable for the care of disabled persons, with due regard to
fire or other hazards, state of repair, and all other pertinent
considerations. The President may designate which agency of the Federal
Government shall have the control and management of any property so
accepted.".
(b)(1) Subchapter II of chapter 81 // 38 USC 5011 - 5014, 5021 -
5024. // is amended by redesignating sections 5011, 5012, 5013, and
5014 as sections 5021, 5022, 5023, and 5024, respectively.
(2) Section 5022(b) (as so redesignated) is amended by striking out
the comma and "clinical, medical, and outpatient treatment" after
"administrative".
(c) The table of sections at the beginning of chapter 81 is amended
by striking out the item relating to subchapter I and all that follows
through the item relating to section 5014 and inserting in lieu thereof
the following:
FACILITIES
" Sec.
"5001. Definitions.
"5002. Acquisition of medical facilities.
"5003. Authority to construct and alter, and to acquire sites for,
medical facilities.
"5004. Congressional approval of certain medical facility
acquisitions.
"5005. Structural requirements.
"5006. Construction contracts.
"5007. Reports to congressional committees.
"5008. Contributions to local authorities.
"5009. Garages and parking facilities.
"5010. Operation of medical facilities.
"5011. Use of Armed Forces facilities.
"5012. Partial relinquishment of legislative jurisdiction.
"5013. Property formerly owned by National Home for Disabled
Volunteer Soldiers.
"5014. Use of federally owned facilities; use of personnel.
"5015. Acceptance of certain property.
"5021. Revolving supply fund.
"5022. Authority to procure and dispose of property and to negotiate
for common services.
"5023. Procurement of prosthetic appliances.
"5024. Grant of easements in Government-owned lands.".
Sec. 302. (a) Except as provided in subsection (b) of this section,
// 38 USC 5001 // the amendments made by section 301 shall take effect
on October 1, 1979.
(b)(1) The amendments made by section 301 shall not apply with
respect to the acquisition, construction, or alteration of any medical
facility (as defined in section 5001(3) of title 38, United States Code,
// 38 USC 5001. // as amended by section 301(a) of this Act) if such
acquisition, construction, or alteration (not including exchange) was
approved before October 1, 1979, by the President.
(2) The provisions of section 5007(a) of title 38, United States
Code, // 38 USC 5007. // as amended by section 301(a) of this Act,
shall take effect on the date of the enactment of this Act.
Sec. 401. Paragraph (4) of section 101 // 38 USC 101. // is
amended--,
(1) by inserting "(A)" before " The" and redesignating clauses
(A), (B), and (C) as clauses (i), (ii), and (iii), respectively;
and
(2) by adding at the end of such paragraph the following new
subparagraph:
"(B) For the purposes of subparagraph (A) of this paragraph, in the
case of an adoption under the laws of any jurisdiction other than a
State (as defined in section 101(20) of this title and including the
Commonwealth of the Northern Mariana Islands)--,
"(i) a person residing outside any of the States shall not be
considered to be a legally adopted child of a veteran during the
lifetime of such veteran (including for purposes of this
subparagraph a Commonwealth Army veteran or new Philippine Scout,
as defined in section 1766 of this title)
// 38 USC 1766. //
unless such person--,
annual
support from such veteran;
parent,
unless such natural parent is such veteran's spouse;
and
who is
also an adoptive or natural parent) except for periods
during
which such person is residing apart from such veteran
(or
such divorced spouse) for purposes of full-time
attendance at
an educational institution or during which such person
or
such veteran (or such divorced spouse) is confined in a
hospital, nursing home, other health-care facility, or
other
institution; and
"(ii) a person shall not be considered to have been a legally
adopted child of a veteran as of the date of such veteran's death
and thereafter unless--,
entitled to
and was receiving a dependent's allowance or similar
monetary
benefit under this title for such person; or
veteran's
death, such person met the requirements of clause (i)
of this
subparagraph.".
OUTSIDE THE
UNITED STATES
Sec. 402. // 38 USC 101 // (a) The Administrator of Veterans'
Affairs, in consultation with the Secretary of State, shall carry out a
comprehensive study of benefits payable under the provisions of title
38, United States Code, // 38 USC 101 // to persons who reside outside
the fifty States and the District of Columbia. The Administrator shall
include in such study--,
(1) an analysis of the issues involved in the payment of such
benefits to persons who reside outside the fifty States and the
District of Columbia, together with analyses of such aspects of
the economy of each foreign country and each territory,
possession, and Commonwealth of the United States in which a
substantial number of persons receiving such benefits reside as
are relevant to such issues (such as the rate of inflation, the
standard of living, and health care, educational, housing, and
burial costs);
(2) an analysis of the issues involved in the payment of such
benefits as the result of adoptions under laws other than the laws
of any of the fifty States or the District of Columbia;
(3) an analysis of the amounts and method of payment of
benefits payable to persons entitled, by virtue of sections 107
and 1765 of such title,
// 38 USC 107, 1765. //
to benefits under chapters 11, 13, and 35 of such title;
// 38 USC 301, 401, 1700. //
(4) estimates of the present and future costs of paying
monetary benefits under such title to persons described in clauses
(1) and (3);
(5) an evaluation of the desirability of continuing to maintain
the Veterans' Administration Regional Office in the Republic of
the Philippines, taking into consideration (A) the current and
expected future workloads of such office, (B) the estimated cost
in fiscal years 1981 through 1985 of continuing to maintain such
regional office, (C) the feasibility and desirability of
transferring appropriate functions of such regional office to the
United States Embassy in the Republic of the Philippines, and (D)
a provisional plan, which the Administrator shall develop, for the
closing of such office and so transferring such functions,
together with cost estimates for fiscal years 1981 through 1985
for the implementation of such plan assuming that such office is
closed before October 1, 1981; and
(6) an evaluation of the effects of the amendments to such
title made by section 401 of this Act.
// 38 USC 401. //
(b) Not later than February 1, 1980, the Administrator shall report
to the Congress and to the President on the results of such study
together with the Administrator's recommendations for resolving the
issues to be analyzed and evaluated in such study.
(c) The Administrator shall (1) carry out the study required under
subsection (a) of this section in conjunction with the study required
under section 308(a) of the Veterans' and Survivors' Pension Improvement
Act of 1978 (Public Law 95-588), // 38 USC 521 // and (2) submit the
reports of such studies as a combined report.
Sec. 501. Section 4108 // 38 USC 4108. // is amended by adding
after subsection (c) the following new subsection:
"(d) Notwithstanding any other provision of law, the Administrator
may prescribe regulations establishig conditions under which officers
and employees of the Department of Medicine and Surgery who are
nationally recognized principal investigators in medical research may be
permitted, in connection with their attendance at meetings or in
performing advisory services concerned with the functions or activities
of the Veterans' Administration, or in connection with acceptance of
significant awards or with activity related thereto concerned with
functions or activities of the Veterans' Administration, to accept
payment, in cash or in kind, from non-Federal agencies, organizations,
and individuals, for travel and such reasonable subsistence expenses as
are approved by the Administrator pursuant to such regulations, to be
retained by such officers and employees to cover the cost of such
expenses or deposited to the credit of the appropriation from which the
cost of such expenses is paid, as may be provided in such regulations.".
AFFAIRS
Sec. 502. (a) The first sentence of section 210(d) // 38 USC 210.
// is amended by striking out "by the Administrator" and inserting in
lieu thereof "by the President, by and with the advice and consent of
the Senate".
(b)(1) The amendment made by subsection (a) // 38 USC 210 // shall
take effect (A) on the date on which a vacancy first occurs in the
office of Deputy Administrator of Veterans' Affairs after the date of
the enactment of this Act or on such earlier date as the President
submits to the Senate, for the advice and consent of the Senate, the
nomination of any individual for appointment to such office, or (B) on
the date of the enactment of this Act if such office is vacant on such
date.
(2) The Administrator of Veterans' Affairs may designate the
individual holding the office of Deputy Administrator of Veterans'
Affairs on the date of the enactment of this Act, or any other
individual, to serve in such office in an acting capacity pending the
first appointment of an individual to such office as provided for in the
amendment made by subsection (a).
Sec. 503. (a) Section 230 // 38 USC 230. // is amended by striking
out subsection (c).
(b) Section 235 // 38 USC 235. // is amended--,
(1) in the matter preceding clause (1), by striking out "or to
the Veterans' Administration office in Europe, established
pursuant to section 230(c) of this title,";
(2) in clause (2), by striking out "and (7)" and inserting in
lieu thereof "(7), and (11)"; and
(3) by inserting after clause (5) the following new clauses:
"(6) Section 5724a(a)(3) of title 5
// 5 USC 724. //
(relating to subsistence expenses for 30 days in connection with
the return to the United States of the employee and such
employee's immediate family).
"(7) Section 5724a(a)(4) of title 5 (relating to the sale and
purchase of the residence or settlement of an unexpired lease of
the employee when transferred from one station to another station
and both stations are in the United States, its territories or
possessions, or the Commonwealth of Puerto Rico).".
(c)(1) The section heading of section 235 is amended to read as
follows:
" Section 235. // 38 USC 235. // Benefits to employees at overseas
offices who are United States citizens".
(2) The item relating to such section in the table of sections at the
beginning of chapter 3 is amended to read as follows:
"235. Benefits to employees at overseas offices who are United
States citizens.".
(d) The amendment made by subsection (b)(3) // 38 USC 235 // shall
take effect on October 1, 1979.
ADJUSTMENTS MADE
IN DEPARTMENT OF MEDICINE AND SURGERY SALARY
SCHEDULES
Sec. 504. (a) Subsection (a) of section 4107 // 38 USC 4107. // is
amended to read as follows:
"(a) The annual rates or ranges of rates of basic pay for positions
provided in section 4103 of this title // 38 USC 4103. // shall be as
follows:
" Chief Medical Director, $68,909.
" Deputy Chief Medical Director, $66,104.
" Associate Deputy Chief Medical Director, $63,315.
" Assistant Chief Medical Director, $61,449.
" Medical Director, $52,429 minimum to $59,421 maximum.
" Director of Nursing Service, $52,429 minimum to $59,421 maximum.
" Director of Podiatric Service, $44,756 minimum to $56,692 maximum.
" Director of Chaplain Service, $44,756 minimum to $56,692 maximum.
" Director of Pharmacy Service, $44,756 minimum to $56,692 maximum.
" Director of Dietetic Service, $44,756 minimum to $56,692 maximum.
" Director of Optometric Service, $44,756 minimum to $56,692
maximum.".
(b) Paragraph (1) of subsection (b) of such section is amended to
read as follows:
"(1) The grades and annual ranges of rates of basic pay for positions
provided for in paragraph (1) of section 4104 of this title // 38 USC
4104. // shall be as follows:
" Director grade, $44,756 minimum to $56,692 maximum.
" Executive grade, $41,327 minimum to $53,729 maximum.
" Chief grade, $38,160 minimum to $49,608 maximum.
" Senior grade, $32,442 minimum to $42,171 maximum.
" Intermediate grade, $27,453 minimum to $35,688 maximum.
" Full grade, $23,087 minimum to $30,017 maximum.
" Associate grade, $19,263 minimum to $25,041 maximum.
" Director grade, $38,160 minimum to $49,608 maximum.
" Assistant Director grade, $32,442 minimum to $42,171 maximum.
" Chief grade, $27,453 minimum to $35,688 maximum.
" Senior grade, $23,087 minimum to $30,017 maximum.
" Intermediate grade, $19,263 minimum to $25,041 maximum.
" Full grade, $15,920 minimum to $20,699 maximum.
" Associate grade, $13,700 minimum to $17,813 maximum.
" Junior grade, $11,712 minimum to $15,222 maximum.
" Chief grade, $38,160 minimum to $49,608 maximum.
" Senior grade, $32,442 minimum to $42,171 maximum.
" Intermediate grade, $27,453 minimum to $35,688 maximum.
" Full grade, $23,087 minimum to $30,017 maximum.
" Associate grade, $19,263 minimum to $25,041 maximum.".
SERVICE-CONNECTED
VETERANS
Sec. 505. // 38 USC 612 // The Administrator of Veterans' Affairs
shall submit a report to the Committees on Veterans' Affairs of the
Senate and House of Representatives, not later than October 1, 1979, on
the needs of veterans who are totally blind from service-connected
causes for home modifications the cost of which exceed the amount
allowable for such purposes under section 612(a) of title 38, United
States Code, // 38 USC 612. // and on the reasons why such veterans
have not applied for home health services under such section 612(a).
Approved June 13, 1979.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 96 - 140 accompanying H. R. 1608 (Comm. on
Veterans' Affairs) and No. 96 - 223 (Comm. of Conference).
SENATE REPORTS: No. 96 - 100 (Comm. on Veterans' Affairs) and No.
96 - 195 (Comm. of Conference).
CONGRESSIONAL RECORD, Vol. 125 (1979):
May 16, considered and passed Senate.
May 21, H. R. 1608 considered and passed House; proceedings
vacated and S.7, amended, passed in lieu.
May 30, House agreed to conference report.
June 4, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 15, No. 24:
June 14, Presidential statement.
PUBLIC LAW 96-21, 93 STAT. 46
present a gold medal to the widow
of Hurbert H. Humphrey.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) the President
is authorized to present in the name of Congress, an appropriate gold
medal to Mrs. Hubert H. Humphrey, in recognition of the distinguished
and dedicated service which her late husband gave to the Government and
to the people of the United States. For such purposes, the Secretary of
the Treasury shall cause to be struck a gold medal with suitable
emblems, devices, and inscriptions to be determined by the Secretary.
There are authorized to be appropriated not to exceed $15,000 to carry
out the provisions of this subsection.
(b) The Secretary of the Treasury may cause duplicates in bronze of
such medal to be coined and sold under such regulations as he may
prescribe, at a price sufficient to cover the cost thereof, including
labor, materials, dies, use of machinery, overhead expenses, and the
cost of the gold medals, and the appropriation used for carrying out the
provisions of this subsection shall be reimbursed out of the proceeds of
such sale.
(c) The medals provided for in this section are national medals for
the purpose of section 3551 of the Revised Statutes (31 U.S.C. 368).
Approved June 13, 1979.
LEGISLATIVE HISTORY:
SENATE REPORT No. 96 - 109 (Comm. on Banking, Housing, and Urban
Affairs).
CONGRESSIONAL RECORD, Vol. 125 (1979):
May 3, considered and passed Senate.
June 4, considered and passed House, amended.
June 5, Senate agreed to House amendments.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 15, No. 24:
June 13, Presidential statement.
PUBLIC LAW 96-20, 93 STAT. 45
present on behalf of the Congress
a specially struck gold medal to Ben Abruzzo, Maxie
Anderson, and Larry Newman.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) the President
of the United States is hereby authorized to present, on behalf of the
Congress, to Ben Abruzzo, Maxie Anderson, and Larry Newman,
transatlantic balloonists, one gold medal each of appropriate design in
recognition of their distinguished feat as aviation pioneers. For such
purpose, the Secretary of the Treasury is authorized and directed to
cause to be struck three gold medals with suitable emblems, devices, and
inscriptions to be determined by the Administrator of the National
Aeronautics and Space Administration with the concurrence of the
Commission on Fine Arts, subject to the approval of the Secretary of the
Treasury. There are authorized to be appropriated not to exceed $45,000
to carry out the provisions of this subsection.
(b) The Secretary of the Treasury may cause duplicates in bronze of
such medal to be coined and sold under such regulations as he may
prescribe, at a price sufficient to cover the cost thereof, including
labor, materials, dies, use of machinery, overhead expenses, and the
cost of the gold medals, and the appropriation used for carrying out the
provisions of this subsection shall be reimbursed out of the proceeds of
such sale.
(c) The medals provided for in this section are national medals for
the purpose of section 3551 of the Revised Statutes (31 U.S.C. 368).
Approved June 13, 1979.
LEGISLATIVE HISTORY:
SENATE REPORT No. 96 - 108 (Comm. on Banking, Housing, and Urban
Affairs).
CONGRESSIONAL RECORD, Vol. 125 (1979):
May 3, considered and passed Senate.
June 4, considered and passed House, amended.
June 5, Senate agreed to House amendments.
PUBLIC LAW 96-19, 93 STAT. 37
disclosure
provisions in the Ethics in Government Act of 1978.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Section 1. Except as otherwise expressly provided, whenever in this
Act an amendment or repeal is expressed in terms of an amendment to or
repeal of a section or other provision, the reference shall be
considered to be made to a section or other provision of the Ethics in
Government Act of 1978. // 2 USC 701. //
Sec. 2. (a)(1) Section 101(c) // 2 USC 701. // is amended by
inserting before the last sentence the following sentence: " The
provisions of the preceding sentence shall not apply to an individual
who, as determined by the designated committee of the Senate or the
designated committee of the House, as appropriate, is not reasonably
expected to perform the duties of his office or position for more than
sixty days in a calendar year, except that if he performs the duties of
his office or position for more than sixty days in a calendar year, the
report required by the preceding sentence shall be filed within fifteen
days of the sixtieth day.".
(2) Section 201 // 5 USC app. // is amended by adding at the end
thereof the following new subsection.
"(h) The provisions of subsections (a), (b), and (e) shall not apply
to an individual who, as determined by the designated agency official or
Secretary concerned (or in the case of a Presidential appointee under
subsection (b), the Director of the Office of Government Ethics), is not
reasonably expected to perform the duties of his office or position for
more than sixty days in a calendar year, except that if such individual
performs the duties of his office or position for more than sixty days
in a calendar year--,
"(1) the report required by subsections (a) and (b) shall be
filed within fifteen days of the sixtieth day, and
"(2) the report required by subsection (e) shall be filed as
provided in such subsection.".
(3) Section 301 // 28 USC // is amended by adding at the end thereof
the following new subsection:
"(f) The provisions of subsections (a) and (d) shall not apply to an
individual who, as determined by the Judicial Ethics Committee, is not
reasonably expected to perform the duties of his office or position for
more than sixty days in a calendar year, except that if such individual
performs the duties of his office or position for more than sixty days
in a calendar year--,
"(1) the report required by subsection (a) shall be filed
within fifteen days of the sixtieth day, and
"(2) the report required by subsection (d) shall be filed as
provided in such subsection.".
(b) Section 101(b) // 2 USC 701. // is amended--,
(1) by inserting "(1)" after "(b)";
(2) by inserting before the period the following: "if such
individual is or will be such an officer or employee on such May
15"; and
(3) by adding at the end thereof the following:
"(2) Any individual whose employment as an officer or employee
described in subsection (e) is terminated in any calendar year may be
required--,
"(A) under the rules of the House of Representatives, if such
individual would, but for such termination, file a report with the
Clerk pursuant to section 103(a),
// 2 USC 703. // or
"(B) under the rules of the Senate, if such individual would,
but for such termination, file a report with the Secretary
pursuant to section 103(b),
to file a financial disclosure report covering (i) that part of such
calendar year during which such individual was employed as such an
officer or employee, and (ii) the preceding calendar year if the report
required by paragraph (1) covering that calendar year has not been
filed.".
(c)(1) Section 101 // 2 USC 701. // is amended by adding at the end
thereof the following:
"(h) The designated committee of the House of Representatives, or the
designated committee of the Senate, as the case may be, may grant a
publicly available request for a waiver of any reporting requirement
under this section for an individual who is expected to perform or has
performed the duties of his office or position for less than one hundred
and thirty days in a calendar year, but only if such committee
determines that--,
"(1) such individual is not a full-time employee of the
Government,
"(2) such individual is able to provide services specially
needed by the Government,
"(3) it is unlikely that the individual's outside employment or
financial interests will create a conflict of interest, and
"(4) public financial disclosure by such individual is not
necessary in the circumstances.".
(2) Section 201, as amended by subsection (a)(2), // 5 USC app. //
is amended by adding at the end thereof the following:
"(i) The Director of the Office of Government Ethics may grant a
publicly available request for a waiver of any reporting requirement
under this section for an individual who is expected to perform or has
performed the duties of his office or position less than one hundred and
thirty days in a calendar year, but only if the Director determines
that--,
"(1) such individual is not a full-time employee of the
Government,
"(2) such individual is able to provide services specially
needed by the Government,
"(3) it is unlikely that the individual's outside employment or
financial interests will create a conflict of interest, and
"(4) public financial disclosure by such individual is not
necessary in the circumstances.".
(3) Section 301, as amended by subsection (a)(3) // 28 USC app. //
is amended by adding at the end thereof the following:
"(g) The Committee may grant a publicly available request for a
waiver of any reporting requirement under this section for an individual
who is expected to perform or has performed the duties of his office or
position less than one hundred and thirty days in a calendar year but
only if the Committee determines that--,
"(1) such individual is not a full-time employee of the
Government,
"(2) such individual is able to provide services specially
needed by the Government,
"(3) it isunlikely that the individual's outside employment or
financial interests will create a conflict of interest, and
"(4) public financial disclosure by such individual is not
necessary in the circumstances.".
Sec. 3. (a)(1) Section 102 // 2 USC 702. // is amended by inserting
after subsection (f) the following new subsection:
"(g) A report filed pursuant to subsection (a) or (b) of section 101
// 2 USC 701. // need not contain the information described in
subparagraphs (A), (B), and (C) of subsection (a)(2) with respect to
gifts and reimbursements received in a period when the reporting
individual was not a Member or an officer or employee of the Federal
Government."
(2) Section 202 // 5 USC app. // is amended by inserting after
subsection (g) the following new subsection:
"(h) A report filed pursuant to subsection (d) or (e) of section 201
// 5 USC app. // need not contain the information described in
subparagraphs (A), (B), and (C) of subsection (a)(2) with respect to
gifts and reimbursements received in a period when the reporting
individual was not an officer or employee of the Federal Government.".
(3) Section 302 // 28 USC app. // is amended by inserting after
subsection (g) the following new subsection:
"(h) A report filed pursuant to subsection (c) or (d) of section 301
need not contain the information described in subparagraphs (A), (B),
and (C) of subsection (a)(2) with respect to gifts and reimbursements
received in a period when the reporting individual was not an officer or
employee of the Federal Government."
(b)(1) Sections 102(a)(2), 202(a)(2) and 302(a)(2) // 2 USC 702; 5
USC app.; 28 USC app. // are each amended by adding at the end thereof
the following:
"(D) In an unusual case, a gift need not be aggregated under
subparagraph (A) or (B) if a publicly available request for a
waiver is granted.".
(2) Sections 102(a)(2)(B), 202(a)(2)(B), and 302(a)(2)(B) are each
amended by striking out the last sentence.
Sec. 4. (a) Section 209 // 5 USC app. // is amended--,
(1) by striking out "and" at the end of paragraph (9),
(2) by striking out the period at the end of paragraph (10) and
inserting in lieu thereof"; and"; and
(3) by inserting at the end the following:
"(11) 'executive branch' includes each Executive agency (as
defined in section 105 of title 5, United States Code) and any
other entity or administrative unit in the executive branch unless
such agency, entity, or unit is specifically included in the
coverage of title I or III of this Act.".
// 2 USC 701; 28 USC app. //
(b)(1) The last sentence of section 101(e) // 2 USC 701. // is
amended by inserting " National Commission on Air Quality," after "
Physician,".
(2) Section 103(b) // 2 USC 703. // is amended by inserting "
National Commission on Air Quality," after " Assessment,".
(c)(1) Section 308(9) // 28 USC app. // is amended by inserting "
Tax Court;" after " Customs Court;".
(2) Section 308(10) is amended by inserting "or of the Tax Court"
after " Government".
(d) Subsections (b) and (c) of section 101, // 2 USC 701. // and
subsections (a), (d), and (e) of section 201 // 5 USC app. // are each
amended by striking out "designated" each place it occurs and inserting
in lieu thereof "described".
(e) Section 101(b) is amended by striking out "as described" and
inserting in lieu thereof "described".
(f) Section 101(c) is amended by striking out "other than an
individual employed in the legislative branch upon assuming such
position" and inserting in lieu thereof", other than an individual who
was employed in the legislative branch immediately before he assumed
such position,".
(g) Section 201(f)(6) is amended by inserting "or Postal Rate
Commission" after " United States Postal Service" the second place it
appears.
Sec. 5. Sections 101(d) // 2 USC 701; //
and 201(c) // 5 USC app. // are each amended by adding at the end
thereof the following new sentence: " Notwithstanding the preceding
sentence, in any calendar year in which an individual continues to be a
candidate for any office but all elections for such office relating to
such candidacy were held in prior calendar years, such individual need
not file a report unless he becomes a candidate for another vacancy in
that office or another office during that year.".
Sec. 6. (a) Sections 102(d), 202(e), and 302(e) // 2 USC 702; 5 USC
app.; 28 USC app. // are each amended--,
(1) by inserting "gifts received by a spouse which are" in
place of "gift which is" in paragraph (1)(B),
(2) by striking out in such paragraph "or a brief" and
inserting in lieu thereof "and a brief",
(3) by inserting "reimbursements received by a spouse which
are" in lieu of "reimbursement which is" in paragraph (1)(C),
(4) by inserting in paragraph (1)(C) "each such reimbursement."
in lieu of "the reimbursement." and
(5) by striking out "spouse" and inserting in lieu thereof
"spouse's" in paragraph (1)(D).
(b) Sections 202(e)(1)(D)(i) and 302(e)(1)(D)(i) are each amended by
inserting a comma immediately after "knowledge of".
Sec. 7. (a) Sections 102(e)(3)(A), 202(f)(3)(A), and 302(f)(3)(A)
are each amended by striking out "or a broker" and inserting" a broker,
or an investment adviser.".
(b) The last sentence of sections 102(e)(3), 202(f)(3), and 302(f)(
3) are each amended by inserting "'investment adviser' includes any
investment adviser who, as determined under regulations prescribed by
the supervising ethics office, is generally involved in his role as such
an adviser in the management or control of trusts;" before "and
'supervising ethics office'".
(c) Sections 102(e)(3)(A)(ii), 202(f)(3)(A)(ii), and 302(f)(3)(A)(
ii) // 2 USC 702; 5 USC app.; 28 USC app. // are each amended by
striking out "is or" and inserting in lieu thereof "is not or".
(d)(1) The sentence following subparagraph (D) of subsection (e)(3)
of section 102 // 2 USC 702. // is amended--,
(1) by striking out "section 78 of title 15, United States
Code" and inserting in lieu thereof "section 3(a)(4) of the
Securities and Exchange Act of 1934 (15 U.S.C. 78c(a)(4))", and
(2) by striking out "their reports" and inserting in lieu
thereof "the reports".
(2) The sentence following subparagraph (D) of subsection (f)(3) of
section 202 and the sentence following subparagraph (D) of subsection
(f)(3) of section 302 are each amended by striking out "section 78 of
title 15, United States Code" and inserting in lieu thereof "section 3(
a)(4) of the Securities and Exchange Act of 1934 (15 U.S.C. 78(c)(4))".
(e) Subparagraphs (A)(ii) and (B) of section 202(f)(5) and
subparagraphs (A)(ii) and (B) of section 302(f)(5) are each amended by
inserting "of this section" after "subsection (d)".
(f) Sections 102(e)(5)(D), 202(f)(5)(D), and 302(f)(5)(D) are each
amended by inserting the following before the period: "with respect to
such documents and lists".
Sec. 8. (a) Section 104 // 2 USC 704. // is amended by
redesignating subsection (c) as paragraph (2) and by inserting after
subsection (b) the following new paragraph:
"(c)(1) Notwithstanding subsections (a) and (b), a report may not be
made available under this section to any person nor may any copy thereof
be provided under this section to any person except upon a written
application by such person stating--,
"(A) that person's name, occupation, and address;
"(B) the name and address of any other person or organization
on whose behalf the inspection or copy is requested; and
"(C) that such person is aware of the prohibitions on the
obtaining or use of the report.
Any such application shall be made available to the public through-out
the period during which the report is made available to the public.".
(b) Section 205(b) // 5 USC app. // is amended by inserting "(1)"
after "(b)" and by adding at the end thereof the following new
paragraph:
"(2) Notwithstanding paragraph (1), a report may not be made
available under this section to any person nor may any copy thereof be
provided under this section to any person except upon a written
application by such person stating--,
"(A) that person's name, occupation and address;
"(B) the name and address of any other person or organization
on whose behalf the inspection or copy is requested; and
"(C) that such person is aware of the prohibitions on the
obtaining or use of the report.
Any such application shall be made available to the public throughout
the period during which the report is made available to the public.".
(c) Section 305(b) // 5 USC app. // is amended by inserting "(1)"
after "(b)" and by adding at the end thereof the following new
paragraph:
"(2) Notwithstanding paragraph (1), a report may not be made
available under this section to any person nor may any copy thereof be
provided under this section to any person except upon a written
application by such person stating--,
"(A) that person's name, occupation and address;
"(B) the name and address of any other person or organization
on whose behalf the inspection or copy is requested; and
"(C) that such person is aware of the prohibitions on the
obtaining or use of the report.
Any such application shall be made available to the public throughout
the period during which the report is made available to the public.".
Sec. 9. (a) Section 103(f) // 2 USC 703. // is amended to read as
follows:
"(f) In order to carry out their responsibilities under this title,
the designated committee of the House of Representatives, and the
designated committee of the Senate, shall develop reporting forms and
may promulgate rules and regulations.".
(b) The first sentence of paragraph (6) of section 102(a) // 2 USC
702. // is amended by inserting "held" after "positions".
(c)(1) Section 102(b) is amended to read as follows:
"(b) Each report filed pursuant to subsections (c) and (d) of section
101 shall include a full and complete statement with respect to the
information required by--,
"(1) paragraph (1) of subsection (a) for the year of filing and
the preceding calendar year,
"(2) paragraphs (3) and (4) of subsection (a) as of the date
specified in the report but which is less than thirty-one days
before the filing date, and
"(3) paragraph (6) and, in the case of reports filed under
section 101(c), paragraph (7) of subsection (a) as of the filing
date but for periods described in such paragraphs.".
(2) Section 202(b) // 5 USC app. // is amended to read as follows:
"(b) Each report filed pursuant to subsections (a), (b), and (c) of
section 201 // 5 USC app. // shall include a full and complete
statement with respect to the information required by--,
"(1) paragraph (1) of subsection (a) for the year of filing and
the preceding calendar year,
"(2) paragraphs (3) and (4) of subsection (a) as of the date
specified in the report but which is less than thirty-one days
before the filing date, and
"(3) paragraphs (6) and (7) of subsection (a) as of the filing
date but for periods described in such paragraphs.".
(3) Section 302(b) // 28 USC app. // is amended to read as follows:
"(b) Each report filed pursuant to subsections (a) and (b) of section
301 // 28 USC app. // shall include a full and complete statement with
respect to the information required by--,
"(1) paragraph (1) of subsection (a) for the year of filing and
the preceding calendar year,
"(2) paragraphs (3) and (4) of subsection (a) as of the date
specified in the report but which is less than thirty-one days
before the filing date, and
"(3) paragraphs (6) and (7) of subsection (a) as of the filing
date but for periods described in such paragraphs.".
(d) Sections 107(1), 209(1), and 308(1), // 2 USC 707; 5 USC app.;
28 USC app. // are each amended by striking out "net and gross income
derived from business" and inserting "gross income derived from business
(and net income if the individual elects to include it)"..
(e)(1) Section 402(d) // 5 USC app. // is repealed.
(2) Section 402(b) is amended--,
(A) by striking out "and" at the end of paragraph (13);
(B) by striking out the period at the end of paragraph (14) and
inserting"; and"; and
(C) by adding at the end thereof the following:
"(15) developing and recommending for promulgation by the
Office of Personnel Management such rules and regulations as the
Director determines necessary or desirable with respect to the
evaluation of any item required to be reported by title II of this
Act.".
// 5 USC app. //
(f) Section 204(c) // 5 USC app. // is amended by striking out "
Civil Service Commission" and inserting " Office of Personnel
Management".
(g) Section 107(16) // 2 USC 707. // is amended by inserting closed
quotation marks immediately after " Representatives" and inserting open
quotation marks immediately before "designated committee of the Senate".
(h) Section 201(e) // 5 USC app. // is amended by striking out "that
calendar year" and inserting in lieu thereof "the calendar year in which
such termination occurs".
(i) Section 201(g) is amended by striking out "established by title
IV of this Act".
(j) Sections 102(a)(7), 202(a)(7), and 302(a)(7) // 2 USC 702; 5 USC
app.; 28 USC app. // are each amended by striking out the colon after
"arrangement with respect to".
(k) Section 203(a) // 5 USC app. // is amended by inserting after
"is employed" the following: "(or in the case of an individual
described in section 201(e), was employed)".
(1) Section 205(c)(1) // 5 USC app. // is amended by striking out
the comma immediately after "obtain".
(m) Section 206(a) // 5 USC app. // is amended by striking out
"shall be" and inserting in lieu thereof "is".
(n) Section 207(b) // 5 USC app. // is amended by inserting a comma
immediately after "require disclosure".
(o) Section 209(2) // 5 USC app. // is amended by inserting a comma
immediately after "grandson".
(p) Section 301(d) // 28 USC app. // is amended--,
(1) by inserting a comma immediately after "employee shall";
and
(2) by striking out "that calendar year" and inserting in lieu
thereof "the calendar year in which such termination occurs".
(q) Section 302(f)(6)(B)(i) // 28 USC app. // is amended by striking
out the comma immediately after "paragraph (3)(C)" and inserting a comma
immediately after "subsection".
(r) Section 303(c)(6) // 28 USC app. // is amended by adding "and"
at the end thereof.
(s) Section 402(b)(1) // 5 USC app. // is amended--,
(1) by striking out "consulation" and inserting in lieu thereof
"consultation";
(2) by striking out the comma after "rules and regulations" the
first place it appears; and
(3) by striking out the comma after " President".
(t) Section 108 // 2 USC 708. // is amended by inserting immediately
after "by reason of" the following: "holding the office of Member or".
Approved June 13, 1979.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 96 - 114, pt. 1 (Comm. on Post Office and Civil
Service) and No. 96 - 114, pt. 2 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 125 (1979):
May 14, considered and passed House.
May 23, considered and passed Senate.
PUBLIC LAW 96-18, 93 STAT. 35
Reserve banks to
lend certain obligations to the Secretary of the
Treasury to meet the
short-term cash requirements of the Treasury, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) section 14(b)(
1) of the Federal Reserve Act (12 U.S.C. 355(1) is amended by striking
out": Provided, That," and all that follows through the end thereof and
inserting in lieu thereof a period.
(b) Section 14(b)(2) of the Federal Reserve Act (12 U.S.C. 355(2)) is
amended by striking out "any agency of the United States" and inserting
in lieu thereof the following: "the United States or any agency of the
United States, and to lend, under the direction and regulations of the
Federal Open Market Committee, any such obligation to the Secretary of
the Treasury".
(c) Section 14(b) of the Federal Reserve Act (12 U.S.C. 355) is
amended by adding at the end thereof the following new paragraphs:
"(3) In unusual and exigent circumstances and when authorized, for
renewable periods not to exceed thirty days, by the Board of Governors
of the Federal Reserve System pursuant to an affirmative vote of not
less than five members, to buy and sell, without regard to maturities,
directly from or to the United States any bonds, notes, or other
obligations which are direct obligations of the United States or which
are fully guaranteed by the United States as to principal and interest.
Such purchases and sales shall be made in accordance with the provisions
of section 12 A of this Act. // 12 USC 263 // The Board of Governors of
the Federal Reserve System shall include in their annual report to
Congress detailed information with respect to direct purchases and sales
from or to the United States under the provisions of this paragraph.
"(4) The aggregate amount of obligations acquired directly from the
United States or loaned directly to the United States under the
authority of this section which is held or loaned at any one time by the
twelve Federal Reserve banks shall not exceed $5,000,000,000.".
Sec. 2. Section 14 of the Federal Reserve Act (12 U.S.C. 353 et
seq.) is amended by adding at the end thereof the following new
subsection:
"(h) The Secretary of the Treasury shall have the authority to
borrow, subject to the approval and rules and regulations of the Federal
Open Market Committee, // 12 USC 359a. // any obligation referred to in
subsections (b)(2) and (b)(3) from any Federal Reserve bank and to sell
any such obligation in the open market for the purpose of meeting the
short-term cash needs of the Treasury. Not later than six months after
the date of sale of such an obligation, the Secretary of the Treasury
shall repurchase such obligation and return such obligation to the
Federal Reserve bank from which such obligation was borrowed. The
aggregate of the face amount of obligations borrowed under the authority
of this section shall be included, during the period of such borrowning,
as part of the public debt subject to the limitation imposed by section
21 of the Second Liberty Bond Act (31 U. S.C. 757b).".
Sec. 3. (a) Except for the amendments made by subsection (a) of the
first section of this Act, // 12 USC 355 // and except for the amendment
made by subsection (b) of this section, the amendments made by this Act
shall be effective only during the two-year period which begins on the
date of enactment of this Act. Upon the expiration of such period, each
provision of law amended by this Act, except section 14(b)(1) of the
Federal Reserve Act, is amended to read as it did immediately prior to
the enactment of this Act.
(b) Upon the expiration of the two-year period which begins on the
date of enactment of this Act, section 14(b)(1) of the Federal Reserve
Act (12 U.S.C. 355(1)) is further amended by adding at the end thereof
the following new sentence: " Notwithstanding any other provision of
this Act, any bonds, notes, or other obligations which are direct
obligations of the United States or which are fully guaranteed by the
United States as to principal and interest may be bought and sold
without regard to maturities but only in the open market."
Approved June 8, 1979.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 111 (Comm. on Bankin, Finance and Urban
Affairs).
CONGRESSIONAL RECORD, Vol. 125 (1979):
May 23, considered and passed House.
May 24, considered and passed Senate.
PUBLIC LAW 96-17, 93 STAT. 34
Development and
Monitoring Planning Act of 1978 to authorize
appropriations to carry
out the provisions of such Act for fiscal year 1980.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 10 of the
National Ocean Pollution Research and Development and Monitoring
Planning Act of 1978 (Public Law 95 - 273) // 33 USC 1709. // is
amended by striking out "1979." and inserting in lieu thereof "1979, and
not to exceed $4,300,000 for the fiscal year ending September 30,
1980.".
Approved June 4, 1979.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 96 - 110, pt. I (Comm. on Merchant Marine and
Fisheries) and No. 96 - 110, pt. II (Comm. on Science and Technology).
SENATE REPORT No. 96 - 133 accompaning S. 1123 (Comm. on Commerce,
Science, and Transportation).
CONGRESSIONAL RECORD, Vol. 125 (1979):
May 14, considered and passed House.
May 17, considered and passed Senate.
PUBLIC LAW 96-16, 93 STAT. 33
National Aeronautics
and Space Administration for research and development.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That paragraph (1) of
subsection 1(a) of the National Aeronautics and Space Administration
Authorization Act, 1979 (Public Law 95 - 401), // 92 Stat. 857. // is
amended by striking out "$1,443,300,000" and inserting in lieu thereof
"$1,628,300,000".
Approved June 4, 1979.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 53 (Comm. on Science and Technology).
SENATE REPORT No. 96 - 128 (Comm. on Commerce, Science, and
Transportation).
CONGRESSIONAL RECORD, Vol. 125 (1979):
Mar. 28, considered and passed House.
May 17, considered and passed Senate.
PUBLIC LAW 96-15, 93 STAT. 32
present on behalf of the
Congress a specially struck gold medal to John Wayne.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) the President
of the United States is authorized to present, on behalf of the
Congress, to John Wayne, a gold medal of appropriate design in
recognition of his distinguished career as an actor and his service to
the Nation. For such purpose, the Secretary of the Treasury is
authorized and directed to cause to be struck a gold medal with suitable
emblems, devices, and inscriptions, including " John Wayne, American",
to be determined by the Secretary of the Treasury. There are authorized
to be appropriated not to exceed $15,000 to carry out the provisions of
this subsection.
(b) The Secretary of the Treasury may cause duplicates in bronze of
such medal to be coined and sold under such regulations as he may
prescribe, at a price sufficient to cover the cost thereof, including
labor, materials, dies, use of machinery, overhead expenses, and the
gold medal, and the appropriation used for carrying out the provisions
of this subsection shall be reimbursed out of the proceeds of such sale.
(c) The medals provided for in this Act are national medals for the
purpose of section 3551 of the Revised Statutes (31 U.S.C. 368).
Approved May 26, 1979.
LEGISLATIVE HISTORY:
SENATE REPORT No. 96 - 110 (Comm. on Banking, Housing, and Urban
Affairs).
CONGRESSIONAL RECORD, Vol. 125 (1979):
May 3, considered and passed Senate.
May 23, H.R. 3767 considered and passed House; passage vacated
and S. 631, amended, passed in lieu; Senate concurred in House
Amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 15, No. 22:
May 26, Presidential statement.
PUBLIC LAW 96-14, 93 STAT. 29, PENSION POLICY COMMISSION ACT
Pension Policy to
develop a national retirement income policy in the
United States, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act // 29 USC
1001 // may be cited as the " Pension Policy Commission Act".
Sec. 2. (a) The President's Commission on Pension Policy
(herein-after in this Act referred to as the " Commission"), established
by Executive Order Numbered 12071, effective September 21, 1978, is
authorized to continue in operation for two years following the date of
enactment of this Act.
(b) During the period the Commission continues in operation the
Commission shall--,
(1) issue reports on problems facing the Nation's retirement
systems,
(2) formulate recommendations for a national retirement income
policy, and
(3) consult on a regular basis with committees of the Senate,
the House of Representatives, and the Congress having jurisdiction
over the Commission's work.
(c) The Commission shall submit a final report, including its
recommendations and findings, to the President and the Congress. The
Commission shall cease to exist ninety days after submission of its
final report. All reports and papers of the Commission shall be
delivered to the Administrator of General Services for deposit in the
Archives of the United States.
(d) In carrying out its functions under this Act, and in making its
findings and recommendations under subsection (c), the Commission shall
seek to ensure that it maintains its independence from other officers
and employees of the Government and any other person with special
interest in its actions.
Sec. 3. (a)(1) The eleven members of the Commission appointed by the
President before the date of the enactment of this Act // 29 USC 1001 //
including the Chairman, may continue to serve for the duration of the
Commission.
(2)(A) An appointment to a vacancy in the position of chairman of the
Commission shall be made by the President, by and with the advice and
consent of the Senate.
(B) An appointment to any other vacancy in the membership of the
Commission shall be made by the President after consultation with the
Congress.
(C) All appointments to vacancies in the membership of the Commission
shall be made in such a manner as to ensure that the Commission remains
balanced in terms of the points of view represented and the functions
performed by it.
(3) A quorum of the Commission shall consist of six members, except
that the Commission may establish a lower number as a quorum for the
purpose of taking testimony. The Commission is authorized to establish
committees, and to delegate authority to them, when necessary to carry
out its functions.
(4) Members of the Commission who are full-time officers or employees
of the United States shall serve without additional compensation, but
shall continue to receive the salary of their regular positions when
engaged in the performance of duties of the Commission.
(5) When engaged in the performance of duties of the Commission,
members of the Commission who are not full-time officers or employees of
the United States shall be compensated at the maximum daily rate for
GS-18 of the General Schedule.
(6) All members of the Commission who are not otherwise employed by
the Federal Government shall be reimbursed for travel expenses,
including per diem in lieu of subsistence, incurred in the performance
of duties of the Commission, as authorized by section 5703 of title 5,
United States Code, for persons in Government service employed
intermittently.
(b) Subject to such rules as may be adopted by the Commission, the
Chairman, without regard to the provisions of title 5, United States
Code, // USC 101. // relating to appointments in the competitive
service, and without regard to the provisions of chapter 51, subchapter
III of chapter 53 and chapter 54 of that title, // 5 USC 5101 5331, 5401
// relating to classification and pay, is authorized to--,
(1) appoint an Executive Director who shall be compensated at a
rate not to exceed the rate in effect for level V of the Executive
Schedule set forth in section 5316 of title 5, United States Code;
(2) appoint and fix the compensation of such personnel as may
be necessary to carry out the provisions of this Act, except that
in no case shall employees be compensated at a rate in excess of
the rate provided for employees in GS-17 of the General Schedule;
and
(3) procure such temporary and intermittent services of experts
and consultants as are necessary, as authorized by section 3109 of
title 5, United States Code.
(c) The Commission is authorized to accept and utilize the services
of voluntary and uncompensated personnel and reimburse them for travel
expenses, including per diem in lieu of subsistence, as authorized by
section 5703 of title 5, United States Code, but such personnel shall
not be considered Federal employees for any purpose other than for
purposes of chapter 81 of title 5, United States Code, // 5 USC 8101 //
and for purposes of sections 2671 through 2680 of title 28, United
States Code.
(d) Upon request of the Commission, the head of any executive
department, agency or independent establishment of the United States is
authorized to detail on a nonreimbursable basis its employees to the
Commission to assist it in carrying out its duties.
(e) Financial and administrative services (including those related to
budget and accounting, financial reporting, personnel, and procurement)
shall be provided to the Commission by the General Services
Administration, for which payment shall be made in advance, or by
reimbursement, from funds of the Commission, in such amounts as may be
agreed upon by the Chairman of the Commission and the Administrator of
General Services.
Sec. 4 // 29 USC 1001 // (a) Upon the request of the Commission, the
head of each executive department, agency, or independent establishment
of the United States that has an interest in or a responsibility with
respect to the areas of the Commission's work shall appoint a liaison
officer who shall work closely with the Commission and its staff in
matters relating to such areas.
(b) In carrying out its duties, the Commission may seek the advice of
individuals and groups interested in retirement, survivor, and
disability policies including, but not limited to, State and local
governments and public and private organizations working on such
matters.
(c)(1) The Commission or, on authorization of the Commission, any
committee of two or more members, may hold hearings and sit and act at
such times and places as the Commission or such authorized committee may
find advisable, and the provisions of section 1321 of title 28, United
States Code, shall apply to witnesses invited to appear at hearings, and
per diem and mileage allowances to witnesses shall be paid from funds
appropriated to the Commission.
(2) The Commission is authorized to secure from any executive
department, agency or independent establishment of the United States,
information necessary to carry out its functions. Upon request of the
Commission, the head of any executive department, agency or independent
establishment shall furnish such information to the extent provided by
law.
(d) The Commission may use the United States mails in the same manner
and under the same conditions as departments and agencies of the United
States.
(e) The Commission is authorized to enter into contracts with Federal
and State agencies, private firms, institutions, and individuals for the
conduct of research and surveys, the preparation of reports, and other
activities necessary for the carrying out of its duties and
responsibilities.
Sec. 5. There is authorized to be appropriated beginning with fiscal
year 1980, $2,000,000 to carry out the provisions of this Act, // 29 USC
1001 // which shall remain available until expended.
Approved May 24, 1979.
LEGISLATIVE HISTORY:
SENATE REPORT: No. 96 - 70 (Comm. on Governmental Affairs).
CONGRESSIONAL RECORD, Vol. 125 (1979):
Apr. 30, considered and passed Senate.
May 14, considered and passed House.
PUBLIC LAW 96-13, 93 STAT. 28
week of May 6
through 12, 1979, as " National Historic Preservation
Week".
Whereas the preservation of the architectural and cultural heritage
of America emphasizes, for present and future generations, many
exceptional and distinctive aspects of our past;
Whereas the preservation of historic sites and structures serves to
remind Americans of the varied cultural influences and historic forces
that shaped our country;
Whereas the restoration and maintenance of structures with historical
or architectural significance often permits them to play a continuing,
contemporary, contributing role in the lives of their communities;
Whereas it is appropriate to commend imaginative and constructive
historic preservation programs: 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 proclaim May 6 through 12, 1979, as "
National Historic Preservation Week", and to call upon interested groups
and organizations and the people of the United States to observe such
week with appropriate ceremonies and activities.
Approved May 24, 1979.
LEGISLATIVE HISTORY:
CONGRESSIONAL RECORD, Vol. 125 (1979):
May 2, considered and passed Senate.
May 10, considered and passed House.
PUBLIC LAW 96-12, 93 STAT. 26
appointed to
investigate the Three Mile Island nuclear powerplant
accident.
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That for purposes of this joint
resolutin--,
(1) The term " Commission" means the Commission appointed by
the President pursuant to Executive Order Numbered 12130, dated
April 11, 1979.
(2) The term "person" includes a department, agency, or other
unit of the Federal Government or of a State or local government.
Sec. 2. (a) The Commission, or any member of the Commission when so
authorized by the Commission, shall have power to issue subpenas
requiring the attendance and testimony of witnesses and the production
of any evidence from the Nuclear Regulatory Commission or any person
that relates to any matter under investigation by the Commission. The
Commission, or any member of the Commission or any agent or agency
designated by the Commission for such purpose, may administer oaths and
affirmations, examine witnesses, and receive evidence. Such attendance
of witnesses and the production of such evidence may be required from
any place within the United States at any designated place of hearing.
(b) The Commission, or any member of the Commission when so
authorized by the Commission, may issue an order for the inspection of
the nuclear powerplant at Three Mile Island, or any portion thereof, by
members of the Commission or any agent or agency designated by the
Commission.
(c) In case of contumacy or refusal to obey a subpena or inspection
order issued to the Nuclear Regulatory Commission or any person under
subsection (a) or (b), any court of the United States within the
jurisdiction of which the inquiry is carried on or within the
jurisdiction of which the person guilty of contumacy or refusal to obey
is found or resides or transacts business, upon application by the
Attorney General, shall have jurisdiction to issue to the Nuclear
Regulatory Commission or such person an order requiring a witness to
appear before the Commission, its members, agent, or agency, there to
produce evidence if so ordered, or there to give testimony touching the
matter under investigation or in question, or to permit inspection of
the nuclear powerplant at Three Mile Island or a portion thereof; and
any failure to obey such order of the court may be punished by the court
as a contempt thereof.
(d) Process and papers of the Commission, and its members, agent, or
agency, may be served either in person or by registered or certified
mail or by telegraph or by leaving a copy thereof at the residence or
principal office or place of business of the person required to be
served. The verified return by the individual so serving the same,
setting forth the manner of such service, shall be proof of the same,
and the return post office receipt or telegraph receipt therefor when
registered or certified and mailed or telegraphed shall be proof of
service of the same. Witnesses summoned before the Commission, or its
members, agent, or agency, shall be paid the same fees and mileage that
are paid witnesses in the courts of the United States, and witnesses
whose depositions are taken and the individuals taking the same shall
severally be entitled to the same fees as are paid for like services in
the courts of the United States.
(e) No person shall be excused from attending and testifying or from
producing books, records, correspondence, documents, or other evidence
in obedience to a subpena or order on the ground that the testimony or
evidence required of him may tend to incriminate him or subject him to a
penalty or forfeiture. The Commission may, with the approval of the
Attorney General, issue an order requiring the person to give testimony
or provide other information which he refuses to give or provide on the
basis of his privilege against self-incrimination in the same manner and
subject to the same restrictions as a government agency may issue such
an order pursuant to section 6004 of title 18, United States Code.
(f) All process of any court to which application may be made under
this joint resolution may be served in the judicial district wherein the
person required to be served resides or may be found.
Approved May 23, 1979.
LEGISLATIVE HISTORY:
CONGRESSIONAL RECORD, Vol. 125 (1979):
May 17, considered and passed Senate.
May 21, considered and passed House.
PUBLIC LAW 96-11, 93 STAT. 25
Whereas museums hold in trust for future generations a substantial
part of humankind's material patrimony produced and preserved by the
skill of our ancestors and our contemporaries; and
Whereas museums encourage curiosity in the very young, offer
enlightenment and education to the student, and provide a continuing
source of enjoyment and cultural enrichment for all; and
Whereas museums are centers of research for scholars and contribute
significantley to our knowledge of history, science, and the arts; and
Whereas museums enhance the quality of life in our communities and
provide a sense of continuity and perspective which reinforces the
cultural opportunities offered by schools, colleges, universities,
libraries, and other institutions of learning; and
Whereas the museums of our Nation deserve recognition for their
contribution to the preservation of the natural and cultural heritage of
the United States and to the furtherance of understanding concerning the
peoples of the United States and the peoples of other countries in the
past, present, and future: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the President is
authorized and requested to issue a proclamation designating May 18,
1979, as " National Museum Day" and calling upon the people of the
United States, State and local government agencies, and interested
organizations to observe that day with appropriate ceremonies,
activities, and programs.
Approved May 18, 1979.
LEGISLATIVE HISTORY:
CONGRESSIONAL RECORD, Vol. 125 (1979):
May 15, considered and passed House.
May 16, S.J. Res. 62 considered and passed Senate; passage
vitiated and H.J. Res. 262 passed in lieu.
PUBLIC LAW 96-10, 93 STAT. 23
to extend the
authority granted by such Act to 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 section 3(a)(5) of
the Council on Wage and Price Stability Act // 12 USC 1904. // is
amended to read as follows:
"(5) focus attention on the need to increase productivity in
both the public and private sectors of the economy, focus
attention on the need to move toward full employment, and take
into consideration the need to stimulate productivity in
monitoring wages and prices to determine compliance with
promulgated standards;".
Sec. 2. Section 3 of the Council on Wage and Price Stability Act is
amended by adding at the end thereof the following new subsection:
"(c) The Council is directed to review its policies with respect to
the national interest in promoting greater productivity growth and shall
submit a report of its findings and recommendations to the Congress by
July 1, 1979. Such review shall include, but not be limited to, the
need for flexibility in determining compliance with pay and price
standards based upon documentable productivity gains resulting from
improved efficiency of the workforce.".
Sec. 3. Section 6 of the Council on Wage and Price Stability Act //
12 USC 1904 // is amended to read as follows:
" Sec. 6. There is authorized to be appropriated to carry out the
provisions of this Act not to exceed--,
"(1) $6,952,000 for the fiscal year ending September 30, 1979;
and
"(2) $8,483,000 for the fiscal year ending September 30,
1980.".
Sec. 4. Section 7 of the Council on Wage and Price Stability Act // 12
USC 1904. // is amended by striking out " September 30, 1979" and
inserting in lieu thereof " September 30, 1980".
Sec. 5. The Council on Wage and Price Stability Act is amended by
adding at the end thereof the following new section:
" Sec. 8. Notwithstanding any other provision of this Act, no
payment under this Act may be made except to such extent, or in such
amounts, as are provided in advance in appropriation Acts.".
Sec. 6. (a) Section 4(b) of the Employment Act of 1946 // 15 USC
1022a. // is amended--,
(1) in clause (1), by striking out "and" at the end thereof;
(2) in clause (2), by striking out the period at the end
thereof and inserting in lieu thereof"; and"; and
(3) by adding at the end thereof the following:
"(3) reducing the share of the Nation's gross national product
accounted for by Federal outlays to 21 per centum or less by 1981,
and to 20 per centum or less by 1983 and thereafter, or the lowest
level consistent with national needs and priorities: Provided,
That policies and programs for achieving the goal specified in
this clause shall be designed so as not to impede achievement of
the goals and timetables specified in clause (1) of this
subsection for the reduction of unemployment.".
(b) Section 4(c) of such Act // 15 USC 1022a. // is amended by
adding at the end thereof the following:
"(3) Upon achievement of the 20 per centum goal specified in
subsection (b)(3), each succeeding Economic Report shall have the goal
of establishing the share of an expanding gross national product
accounted for by Federal outlays at a level of 20 per centum or less, or
the lowest level consistent with national needs and priorities:
Provided, That policies and programs for achieving the goal specified in
this clause shall be designed so as not to impede achievement of the
goals and timetables specified in subsection (b)(1) for the reduction of
unemployment.".
(c) The first sentence of section 4(d) of such Act is amended--,
(1) by striking out "and" after "unemployment" and inserting in
lieu thereof a comma; and
(2) by inserting after "inflation" the following;", and Federal
outlays as a proportion of gross national product,".
(d) Section 3(a)(2)(A) of such Act // 15 USC 1022. // is amended by
inserting " Federal outlays as a proportion of gross national product,"
after "productivity,".
Approved May 10, 1979.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 96 - 33 (Comm. on Banking, Finance, and Urban
Affairs) and No. 96 - 93 (Comm. of Conference).
SENATE REPORT No. 96 - 36 accompanying S. 349 (Comm. on Banking,
Housing and Urban Affairs).
CONGRESSIONAL RECORD, Vol. 125 (1979):
Mar. 20, 21, considered and passed House.
Mar. 29, S. 349 considered in Senate.
Apr. 2, considered and passed Senate, amended, in lieu of S.
349.
Apr. 25, House agreed to conference report.
Apr. 26, Senate agreed to conference report.
PUBLIC LAW 96-9, 93 STAT. 22
Atlantic Alliance.
Whereas April 4, 1979, marks the thirtieth anniversary of the signing
in Washington of the North Atlantic Treaty;
Whereas the alliance created by the treaty constitutes the
manifestation of the ties which bind the democracies of Europe and North
America and of their determination to preserve their common heritage of
individual liberties, the rule of law, and the dignity of humankind;
Whereas the peace and stability insured by the alliance for thirty
years has fostered the well-being and freedom of nearly six hundred
million human beings;
Whereas the conditions for political stability and economic
prosperity derive from the military security provided by the alliance;
and
Whereas the search for world peace, mutual respect among the nations
of the world, and reduction in armaments are attainable only in a secure
environment: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the North Atlantic
Alliance be reaffirmed as a vital commitment and cornerstone of United
States foreign policy, and that the bipartisan spirit that inspired its
birth be rededicated to the purpose of strengthening it further in the
cause of peace and security.
Sec. 2. The Congress recognizes the contribution of the Canadian and
European Allies to the common defense and to the preservation of the
civilization and common heritage of the West.
Sec. 3. On the occasion of this thirtieth anniversary, the Congress
pledges its support for the Alliance as the indispensable basis for the
achievement of our mutual security, the reduction of tensions, and the
pursuit of improved relations among all nations.
Sec. 4. The Congress requests that the President of the United
States forward copies of this resolution to the Chiefs of State of all
member countries of the North Atlantic Treaty Organization, and to the
Secretary General in recognition of his contribution to the strength and
confidence of the North Atlantic Treaty Organization.
Approved April 19, 1979.
LEGISLATIVE HISTORY:
CONGRESSIONAL RECORD, Vol. 125 (1979):
Apr. 4, considered and passed House.
Apr. 4, 5, S.J. Res. 54 considered and passed Senate;
proceedings vacated and H. j. Res. 283, amended, passed in lieu.
Apr. 5, House concurred in Senate amendment.
PUBLIC LAW 96-8, 93 STAT. 14, TAIWAN RELATIONS ACT
Western Pacific and
to promote the foreign policy of the United States by
authorizing the
continuation of commercial, cultural, and other
relations between the
people of the United States and the people on
Taiwan, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Section 1. This Act // 22 USC 3301 // may be cited as the " Taiwan
Relations Act".
Sec. 2. // 22 USC 3301. // (a) The President having terminated
governmental relations between the United States and the governing
authorities on Taiwan recognized by the United States as the Republic of
China prior to January 1, 1979, the Congress finds that the enactment of
this Act is necessary--,
(1) to help maintain peace, security, and stability in the
Western Pacific; and
(2) to promote the foreign policy of the United States by
authorizing the continuation of commercial, cultural, and other
relations between the people of the United States and the people
on Taiwan.
(b) It is the policy of the United States--,
(1) to preserve and promote extensive, close, and friendly
commercial, cultural, and other relatins between the people of the
United States and the people on Taiwan, as well as the people on
the China mainland and all other peoples of the Western Pacific
area;
(2) to declare that peace and stability in the area are in the
political, security, and economic interests of the United States,
and are matters of international concern;
(3) to make clear that the United States decision to establish
diplomatic relations with the People's Republic of China rests
upon the expectation that the future of Taiwan will be determined
by peaceful means;
(4) to consider any effort to determine the future of Taiwan by
other than peaceful means, including by boycotts or embargoes, a
threat to the peace and security of the Western Pacific area and
of grave concern to the United States;
(5) to provide Taiwan with arms of a defensive character; and
(6) to maintain the capacity of the United States to resist any
resort to force or other forms of coercion that would jeopardize
the security, or the social or economic system, of the people on
Taiwan.
(c) Nothing contained in this Act shall contravene the interest of
the United States in human rights, especially with respect to the human
rights of all the approximately eighteen million inhabitants of Taiwan.
The preservation and enhancement of the human rights of all the people
on Taiwan are hereby reaffirmed as objectives of the United States.
TO TAIWAN
Sec. 3. (a) In furtherance of the policy set forth in section 2 of
this Act, // 22 USC 3302. // the United States will make available to
Taiwan such defense articles and defense services in such quantity as
may be necessary to enable Taiwan to maintain a sufficient self-defense
capability.
(b) The President and the Congress shall determine the nature and
quantity of such defense articles and services based solely upon their
judgment of the needs of taiwan, in accordance with procedures
established by law. Such determination of Taiwan's defense needs shall
include review by United States military authorities in connection with
recommendations to the President and the Congress.
(c) The President is directed to inform the Congress propmtly of any
threat to the security or the social or economic system of the people on
Taiwan and any danger to the interests of the United States arising
therefrom. The President and the Congress shall determine, in
accordance with constitutional processes, appropriate action by the
United States in response to any such danger.
Sec. 4. // 22 USC 3303. // (a) The absence of diplomatic relations
or recognition shall not affect the application of the laws of the
United States with respect to Taiwan, and the laws of the United States
shall apply with respect to Taiwan in the manner that the laws of the
United States applied with respect to Taiwanprior to January 1, 1979.
(b) The application of subsection (a) of this section shall include,
but shall not be limited to, the following:
(1) Whenever the laws of the United States refer or relate to
foreign countries, nations, states, governments, or similar
entities, such terms shall include and such laws shall apply with
respect to Taiwan.
(2) Whenever authorized by or pursuant to the laws of the
United States to conduct or carry out programs, transactions, or
other relations with respect to foreign countries, nations,
states, governments, or similar entities, the President or any
agency of the United States Government is authorized to conduct
and carry out, in accordance with section 6 of this Act, such
programs, transactions, and other relations with respect to Taiwan
(including, but not limited to, the performance of services for
the United States through contracts with commercial entities on
Taiwan), in accordance with the applicable laws of the United
States.
(3)(A) The absence of diplomatic relations and recognition with
respect to Taiwan shall not abrogate, infringe, modify, deny, or
otherwise affect in any way any rights or obligations (including
but not limited to those involving contracts, debts, or property
interests of any kind) under the laws of the United States
heretofore or hereafter acquired by or with respect to Taiwan.
(B) For all purposes under the laws of the United States,
including actions in any court in the United States, recognition
of the People's Republic of China shall not affect in any way the
ownership of or other rights or interests in properties, tangible
and intangible, and other things of value, owned or held on or
prior to December 31, 1978, or thereafter acquired or earned by
the governing authorities on Taiwan.
(4) Whenever the application of the laws of the United States
depends upon the law that is or was applicable on Taiwan or
compliance therewith, the law applied by the people on Taiwan
shall be considered the applicable law for that purpose.
(5) Nothing in this Act, nor the facts of the President's
action in extending diplomatic recognition to the People's
Republic of China, the absence of diplomatic relations between the
people on Taiwan and the United States, or the lack of recognition
by the United States, and attendant circumstances thereto, shall
be construed in any administrative or judicial proceeding as a
basis for any United States Government agency, commission, or
department to make a finding of fact or determination of law,
under the Atomic Energy Act of 1954
// 42 USC 2011 //
and the Nuclear Non-Proliferation Act of 1978,
// 22 USC 3201 //
to deny an export license application or to revoke an existing
export license for nuclear exports to Taiwan.
(6) For purposes of the Immigration and Nationality Act, Taiwan
may be treated in the manner specified in the first sentence of
section 202(b) of that Act.
// 8 USC 1152. //
(7) The capacity of Taiwan to sue and be sued in courts in the
United States, in accordance with the laws of the United States,
shall not be abrogated, infringed, modified, denied, or otherwise
affected in any way by the absence of diplomatic relations or
recognition.
(8) No requirement, whether expressed or implied, under the
laws of the United States with respect to maintenance of
diplomatic relations or recognition shall be applicable with
respect to Taiwan.
(c) For all purposes, including actions in any court in the United
States, the Congress approves the continuation in force of all treaties
and other international agreements, including multilateral conventions,
entered into by the United States and the governing authorities on
Taiwan recognized by the United States as the Republic of China prior to
January 1, 1979, and in force between them on December 31, 1978, unless
and until terminated in accordance with law.
(d) Nothing in this Act may be construed as a basis for supporting
the exclusion or expulsion of Taiwan from continued membership in any
international financial institution or any other international
organization.
Sec. 5. (a) During the three-year period beginning on the date of
enactment of this Act // 22 USC 3304. // the $1,000 per capita income
restriction in clause (2) of the second undesignated paragraph of
section 231 of the Foreign Assistance Act of 1961 // 22 USC 2191. //
shall not restrict the activities of the Overseas Private Investment
Corporation in determining whether to provide any insurance,
reinsurance, loans, or guaranties with respect to investment projects on
Taiwan.
(b) Except as provided in subsection (a) of this section, in issuing
insurance, reinsurance, loans, or guaranties with respect to investment
projects on Taiwan, the Overseas Private Insurance Corporation shall
apply the same criteria as those applicable in other parts of the world.
Sec. 6. // 22 USC 3305. // (a) Programs, transactions, and other
relations conducted or carried out by the President or any agency of the
United States Government with respect to Taiwan shall, in the manner and
to the extent directed by the President, be conducted and carried out by
or through--,
(1) The American Institute in Taiwan, a nonprofit corporation
incorporated under the laws of the District of Columbia, or
(2) such comparable successor nongovermental entity as the
President may designate,
(hereafter in this Act referred to as the " Institute").
(b) Whenever the President or any agency of the United States
Government is authorized or required by or pursuant to the laws of the
United States to enter into, perform, enforce, or have in force an
agreement or transaction relative to Taiwan, such agreement or
transaction shall be entered into, performed, and enforced, in the
manner and to the extent directed by the President, by or through the
Institute.
(c) To the extent that any law, rule, regulation, or ordinance of the
District of Columbia, or of any State or political subdivision thereof
in which the Institute is incorporated or doing business, impedes or
otherwise interferes with the performance of the functions of the
Institute pursuant to this Act, such law, rule, regulation, or ordinance
shall be deemed to be preempted by this Act.
CITIZENS ON TAIWAN
Sec. 7. // 22 USC 3306. // (a) The Institute may authorize any of
its employees on Taiwan--,
(1) to administer to or take from any person an oath,
affirmation, affidavit, or deposition, and to perform any notarial
act which any notary public is required or authorized by law to
perform within the United States;
(2) To act as provisional conservator of the personal estates
of deceased United States citizens; and
(3) to assist and protect the interests of United States
persons by performing other acts such as are authorized to be
performed outside the United States for consular purposes by such
laws of the United States as the President may specify.
(b) Acts performed by authorized employees of the Institute under
this section shall be valid, and of like force and effect within the
United States, as if performed by any other person authorized under the
laws of the United States to perform such acts.
Sec. 8. // 22 USC 3307. // (a) The Institute, its property, and its
income are exempt from all taxation now or hereafter imposed by the
United States (except to the extent that section 11(a)(3) of this Act
requires the imposition of taxes imposed under chapter 21 of the
Internal Revenue Code of 1954, relating to the Federal Insurance
Contributions Act) // 26 USC 401. // or by any State or local taxing
authority of the United States.
(b) For purposes of the Internal Revenue Code of 1954, the Institute
shall be treated as an organization described in sections 170(b)(1)(A),
170(c), 2055(a), 2106(a)(2)(A), 2522(a), and 2522(b). // 26 USC 170,
2055, 2106, 2522. //
SERVICES
FROM THE INSTITUTE
Sec. 9. // 22 USC 3308. // (a) Any agency of the United States
Government is authorized to sell, loan, or lease property (including
interests therein) to, and to perform administrative and technical
support functions and services for the operations of, the Institute upon
such terms and conditions as the President may direct. Reimbursements
to agencies under this subsection shall be credited to the current
applicable appropriation of the agency concerned.
(b) Any agency of the United States Government is authorized to
acquire and accept services from the Institute upon such terms and
conditions as the President may direct. Whenever the President
determines it to be in furtherance of the purposes of this Act, the
procurement of services by such agencies from the Institute may be
effected without regard to such laws of the United States normally
applicable to the acquisition of services by such agencies as the
President may specify by Executive order.
(c) Any agency of the United States Government making funds available
to the Institute in accordance with this Act shall make arrangements
with the Institute for the Comptroller General of the United States to
have access to the books and records of the Institute and the
opportunity to audit the operations of the Institute.
Sec. 10. // 22 USC 3309. // (a) Whenever the President or any agency
of the United States Government is authorized or required by or pursuant
to the laws of the United States to render or provide to or to receive
or accept from Taiwan, any performance, communication, assurance,
undertaking, or other action, such action shall, in the manner and to
the extent directed by the President, be rendered or provided to, or
received or accepted from, an instrumentality established by Taiwan
which the President determines has the necessary authority under the
laws applied by the people on Taiwan to provide assurances and take
other actions on behalf of Taiwan in accordance with this Act.
(b) The President is requested to extend to the instrumentality
established by Taiwan the same number of offices and complement of
personnel as were previously operated in the United States by the
governing authorities on Taiwan recognized as the Republic of China
prior to January 1, 1979.
(c) Upon the granting by Taiwan of comparable privileges and
immunities with respect to the Institute and its appropriate personnel,
the President is authorized to extend with respect to the Taiwan
instrumentality and its appropriate personnel, such privileges and
immunities (subject to appropriate conditions and obligations) as may be
necessary for the effective performance of their functions.
WITH THE
INSTITUTE
Sec. 11. // 22 USC 3310. // (a)(1) Under such terms and conditions
as the President may direct, any agency of the United States Government
may separate from Government service for a specified period any officer
or employee of that agency who accepts employment with the Institute.
(2) An officer or employee separated by an agency under paragraph (1)
of this subsection for employment with the Institute shall be entitled
upon termination of such employment to reemployment or reinstatement
with such agency (or a successor agency) in an appropriate position with
the attendant rights, privileges, and benefits with the officer or
employee would have had or acquired had he or she not been so separated,
subject to such time period and other conditions as the President may
prescribe.
(3) An officer or employee entitled to reemployment or reinstatement
rights under paragraph (2) of this subsection shall, while continuously
employed by the Institute with no break in continuity of service,
continue to participate in any benefit program in which such officer or
employee was participating prior to employment by the Institute,
including programs for compensation for job-related death, injury, or
illness; programs for health and life insurance; programs for annual,
sick, and other statutory leave; and programs for retirement under any
system established by the laws of the United States; except that
employment with the Institute shall be the basis for participation in
such programs only to the extent that employee deductions and employer
contributions, as required, in payment for such participation for the
period of employment with the Institute, are currently deposited in the
program's or system's fund or depository. Death or retirement of any
such officer or employee during approved service with the Institute and
prior to reemployment or reinstatement shall be considered a death in or
retirement from Government service for purposes of any employee or
survivor benefits acquired by reason of service with an agency of the
United States Government.
(4) Any officer or employee of an agency of the United States
Government who entered into service with the Institute on approved leave
of absence without pay prior to the enactment of this Act shall receive
the benefits of this section for the period of such service.
(b) Any agency of the United States Government employing alien
personnel on Taiwan may transfer such personnel, with accrued
allowances, benefits, and rights, to the Institute without a break in
service for purposes of retirement and other benefits, including
continued participation in any system established by the laws of the
United States for the retirement of employees in which the alien was
participating prior to the transfer to the Institute, except that
employment with the Institute shall be creditable for retirement
purposes only to the extent that employee deductions and employer
contributions, as required, in payment for such participation for the
period of employment with the Institute, are currently deposited in the
system's fund or depository.
(c) Employees of the Institute shall not be employees of the United
States and, in representing the Institute, shall be exempt from section
207 of title 18, United States Code.
(d)(1) For purposes of sections 911 and 913 of the Internal Revenue
Code of 1954, // 26 USC 911, 913. // amounts paid by the Institute to
its employees shall not be treated as earned income. Amounts received
by employees of the Institute shall not be included in gross income, and
shall be exempt from taxation, to the extent that they are equivalent to
amounts received by civilian officers and employees of the Government of
the United States as allowances and benefits which are exempt from
taxation under section 912 of such Code. // 26 USC 912. //
(2) Except to the extent required by subsection (a)(3) of this
section, service performed in the employ of the Institute shall not
constitute employment for purposes of chapter 21 of such Code // 26 USC
3101. // and title II of the Social Security Act. // 42 USC 401. //
Sec. 12. // 22 USC 3311. // (a) The Secretary of State shall
transmit to the Congress the text of any agreement to which the
Institute is a party. However, any such agreement the immediate public
disclosure of which would, in the opinion of the President, be
prejudicial to the national security of the United States shall not be
so transmitted to the Congress but shall be transmitted to the Committee
on Foreign Relations of the Senate and the Committee on Foreign Affairs
of the House of Representatives under an appropriate injunction of
secrecy to be removed only upon due notice from the President.
(b) For purposes of subsection (a), the term "agreement" includes--,
(1) any agreement entered into between the Institute and the
governing authorities on Taiwan or the instrumentality established
by Taiwan; and
(2) any agreement entered into between the Institute and an
agency of the United States Government.
(c) Agreements and transactions made or to be made by or through the
Institute shall be subject to the same congressional notification,
review, and approval requirements and procedures as if such agreements
and transactions were made by or through the agency of the United States
Government on behalf of which the Institute is acting.
(d) During the two-year period beginning on the effective date of
this Act, the Secretary of State shall transmit to the Speaker of the
House of Representatives and the Committee on Foreign Relations of the
Senate, every six months, a report describing and reviewing economic
relations between the United States and Taiwan, noting any interference
with normal commercial relations.
Sec. 13. // 22 USC 3312. // The President is authorized to prescribe
such rules and regulations as he may deem appropriate to carry out the
purposes of this Act. During the three-year period beginning on the
effective date of this Act, such rules and regulations shall be
transmitted promptly to the Speaker of the House of Representatives and
to the Committee on Foreign Relations of the Senate. Such action shall
not, however, relieve the Institute of the responsibilities placed upon
it by this Act.
Sec. 14. // 22 USC 3313. // (a) The Committee on Foreign Affairs of
the House of Representatives, the Committee on Foreign Relations of the
Senate, and other appropriate committees of the Congress shall
monitor--,
(1) the implementation of the provisions of this Act;
(2) the operation and procedures of the Institute;
(3) the legal and technical aspects of the continuing
relationship between the United States and Taiwan; and
(4) the implementation of the policies of the United States
concerning security and cooperation in East Asia.
(b) Such committees shall report, as appropriate, to their respective
Houses on the results of their monitoring.
Sec. 15. For purposes of this Act--, // 22 USC 3314. //
(1) the term "laws of the United States" includes any statute,
rule, regulation, ordinance, order, or judicial rule of decision
of the United States or any political subdivision thereof; and
(2) the term " Taiwan" includes, as the context may require,
the islands of Taiwan and the Pescadores, the people on those
islands, corporations and other entities and associations created
or organized under the laws applied on those islands, and the
governing authorities on Taiwan recognized by the United States as
the Republic of China prior to January 1, 1979, and any successor
governing authorities (including political subdivisions, agencies,
and instrumentalities thereof).
Sec. 16. In addition to funds otherwise available to carry out the
provisions of this Act, // 22 USC 3315. // there are authorized to be
appropriated to the Secretary of State for the fiscal year 1980 such
funds as may be necessary to carry out such provisions. Such funds are
authorized to remain available until expended.
Sec. 17. If any provision of this Act // 22 USC 3316. // or the
application thereof to any person or circumstance is held invalid, the
remainder of the Act and the application of such provision to any other
person or circumstance shall not be affected thereby.
Sec. 18. This Act // 22 USC 3301. // shall be effective as of
January 1, 1979.
Approved April 10, 1979.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 96-26 (Comm. on Foreign Affairs) and No. 96-71
(Comm. of Conference).
SENATE REPORT No. 96-7 (Comm. on Foreign Relations).
CONGRESSIONAL RECORD, Vol. 125 (1979):
Mar. 8, 13, considered and passed House.
Mar. 7, 8, 12, 13, S. 245 considered and passed Senate.
Mar. 14, proceedings vitiated; H. R. 2479, amended, passed in
lieu.
Mar. 28, House agreed to conference report.
Mar. 29, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 15, No. 15:
Apr. 10, Presidential statement.
PUBLIC LAW 96-7, 93 STAT. 11
message of the President
of January 31, 1979 (H. Doc. 96 - 46), transmitted
pursuant to the
Impoundment Control Act of 1974.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following
rescissions of budget authority proposed in the message of the President
of January 31, 1979 (H. Doc. 96 - 46), are made pursuant to the
Impoundment Control Act of 1974, namely:
Appropriations and contract authority provided for in the Department
of Housing and Urban Development-Independent Agencies Appropriation Act,
1976, for interest grant payments pursuant to section 802(c)(2) of the
Housing and Community Development Act of 1974 (42 U.S.C. 1440) are
rescinded.
Any amounts not administratively committed from appropriations
provided for grants, as authorized by section 412 of the Housing and
Urban Development Act of 1968, as amended (42 U.S.C. 3911) and sections
718 and 720 of the Housing and Urban Development Act of 1970 (42 U.S.C.
4519, 42 U.S.C. 4521), are rescinded.
CHAPTER II
Of the funds appropriated under this head in the Departments of Labor
and Health, Education, and Welfare Appropriations Act, 1979, $37,000,000
are rescinded.
Of the funds provided for " Health Resources" for fiscal year 1979 in
the Departments of Labor and Health, Education, and Welfare
Appropriations Act, 1979 // 92 Stat. 1573. // and in Public Law 95 -
482, // 92 Stat. 1603. // $46,350,000 are rescinded.
Of the funds appropriated under this head in the Departments of Labor
and Health, Education, and Welfare Appropriations Act, 1979, // 92 Stat.
1579. // $12,500,000 are rescinded.
WAR CLAIMS
Of the funds appropriated under this head in Public Law 93 - 50, //
87 Stat. 114. // $8,000,000 are rescinded.
Of the funds appropriated under this head in the Departments of
State, Justice, and Commerce, the Judiciary, and Related Agencies
Appropriation Act, 1979. // 92 Stat. 1043. // $6,065,000 are rescinded.
Of the borrowing authority provided in the Department of the Interior
and Related Agencies Appropriation Act, 1962, Public Law 87 - 122, // 75
Stat. 246. // $3,127,000 are rescinded.
Of the funds appropriated under this head in the Department of
Housing and Urban Development-Independent Agencies Appropriation Act,
1979, // 92 Stat. 798. // $2,400,000 are rescinded.
Approved April 9, 1979.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 96 - 25 (Comm. on Appropriations) and No. 96 -59
(Comm. of Conference).
SENATE REPORT No. 96 - 33 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 125 (1979):
Mar. 6, considered and passed House.
Mar. 14, considered and passed Senate, amended.
Mar. 27, House and Senate agreed to conference report.
PUBLIC LAW 96-6, 93 STAT. 10
the Treasury to
waive the imposition of countervailing duties.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 303(d) of
the Tariff Act of 1930 (19 U.S.C. 1303(d)) is amended by adding at the
end thereof the following new paragraph:
"(4)(A) The four-year period referred to in paragraph (2) is extended
from January 2, 1979, until whichever of the following dates first
occurs:
"(i) The date on which either House of Congress defeats on a
vote of final passage, in accordance with the provisions of
section 151 of the Trade Act of 1974, implementing legislation
with respect to a multilateral trade agreement or agreements
governing the use of subsidies.
"(ii) The date of the enactment of such implementing
legislation.
"(iii) September 30, 1979.
"(B) Any determination made under this subsection by the Secretary
that was in effect on January 2, 1979, shall remain in effect, until
whichever of the following dates first occurs:
"(i) The date to which the four-year period is extended under
subparagraph (A), notwithstanding any provision to the contrary in
any such determination.
"(ii) The date such determination is revoked under paragraph
(3).
"(iii) The date of adoption of a resolution of disapproval of
such determination under subsection (e)(2)."
Sec. 2. The amendment made by the first section of this Act shall
take effect January 3, 1979.
Approved April 3, 1979.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 15 (Comm. on Ways and Means).
SENATE REPORT No. 96 - 45 (Comm. on Finance).
CONGRESSIONAL RECORD, Vol. 125 (1979):
Mar. 1, considered and passed House.
Mar. 28, considered and passed Senate.
PUBLIC LAW 96-5, 93 STAT. 8
To provide for a temporary increase in the public debt limit, and for
other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That, during the period
beginning on the date of the enactment of this Act and ending on
September 30, 1979, the public debt limit set forth in the first
sentence of section 21 of the Second Liberty Bond Act (31 U.S.C. 757b)
shall be temporarily increased by $430,000,000,000.
Sec. 2. Effective on the date of the enactment of this Act, the
first section of the Act of August 3, 1978, entitled " An Act to provide
for a temporary increase in the public debt limit" (Public Law 95 -
333), is hereby repealed.
Sec. 3. The last sentence of the second paragraph of the first
section of the Second Liberty Bond Act (31 U.S.C. 752) is amended by
striking out "$32,000,000,000" and inserting in lieu thereof
"$40,000,000,000".
Sec. 4. With respect to interest accrual periods beginning after the
date of the enactment of this Act, paragraph (3) of section 22(b) of the
Second Liberty Bond Act (31 U.S.C. 757c) is amended to read as follows:
"(3) The Secretary of the Treasury, with the approval of the
President, may increase the investment yield on any United States
savings bonds above the 5 1/2 per centum limitation contained in
paragraph (1) so long as such yield does not exceed 7 per centum per
annum compounded semiannually.".
Sec. 5. Congress shall balance the Federal budget. Pursuant to this
mandate, the Budget Committees shall report, by April 15, 1979, a fiscal
year budget for 1981 that shall be in balance, and also a fiscal year
budget for 1982 that shall be in balance, and by April 15, 1980, a
fiscal year budget for 1981 that shall be in balance, and by April 15,
1981, a fiscal year budget for 1982 that shall be in balance; and by
the Budget Committees shall show the consequences of each budget on each
budget function and on the economy, setting forth the effects on
revenues, spending, employment, inflation, and national security.
Sec. 6. (a) If a budget which is transmitted by the President to the
Congress under section 201 of the Budget and Accounting Act, 1921,
would, if adopted, result in a deficit in fiscal year 1981 or in fiscal
year 1982, the President shall also transmit alternate budget proposals
which, if adopted, would not result in a deficit.
(b) Such alternate budget proposals shall be transmitted with the
budget and, except as provided in subsection (c), shall be in such
detail as the President determines necessary to carry out the purposes
of this section.
(c) Alternate budget proposals for a fiscal year transmitted under
subsection (a) shall include a clear and understandable explanation of
specific differences between the budget and alternate budget proposals.
Approved April 2, 1979.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 31 (Comm. on Ways and Means).
CONGRESSIONAL RECORD, Vol. 125 (1979):
Mar. 15, considered and passed House.
Mar. 21, 22, 26, 27, considered and passed Senate, amended.
Mar. 28, Apr. 2, House concurred in Senate amendment.
PUBLIC LAW 96-4, 93 STAT. 6
of 1978 with respect
to certain administrative matters arising from the
redrawing of the Federal
judicial districts in the State of Illinois.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 4 of the
Federal District Court Organization Act of 1978 (92 Stat. 883) is
amended by striking out paragraph (2) of subsection (b) and inserting in
lieu thereof the following:
"(2) The district judge for the Eastern District of Illinois in
office on the effective date of this Act who is senior in commission
shall, on and after the effective date of this Act, be a district judge
for the Southern District of Illinois. The remaining district judge for
the Eastern District of Illinois who is in office on the effective date
of this Act and the district judges for the Southern District of
Illinois who are in office on the effective date of this Act shall, on
and after the effective date of this Act, be district judges for the
Central District of Illinois. The President shall appoint, by and with
the advice and consent of the Senate, a second district judge for the
Southern District of Illinois.
"(3) This section does not in any manner affect the tenure of the
United States attorney, the assistant United States attorneys, or the
United States marshal for the Eastern District of Illinois or for the
Southern District of Illinois who are in office on the effective date of
this Act. The United States attorney, the assistant United States
attorneys, and the United States marshal for the Eastern District and
for the Southern District of Illinois shall, on the effective date of
this Act, become the United States attorney, the assistant United States
attorneys, and the United States marshal for the Southern District and
for the Central District of Illinois, respectively.
"(4) Notwithstanding section 3240 of title 18, United States Code,
any grand jury impaneled on or after the effective date of this Act by a
district court for the Central District or the Southern District of
Illinois may inquire into and return indictments charging offenses
against the criminal laws of the United States alleged to have been
committed anywhere within the territory of the respective judicial
districts as such districts were constituted before or after the
effective date of this Act.".
Sec. 2. Section 6 of the Act entitled " An Act to amend title 28 of
the United States Code to make certain changes in the divisions within
judicial districts and in the places of holding court, and to require
the Director of the Administrative Office of the United States Courts to
conduct a study of the judicial business of the Central District of
California and the Eastern District of New York", approved November 2,
1978 (92 Stat. 2458), // 28 USC 93 // is amended by inserting "(1)"
immediately after "(b)" and adding at the end thereof the following new
paragraph:
"(2) The provisions of the first section of this Act shall take
effect on March 31, 1979.".
Approved March 30, 1979.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 55 (Comm. on the Judiciary).
SENATE REPORT No. 96 - 34 accompanying S. 443 (Comm. on the
Judiciary).
CONGRESSIONAL RECORD, Vol. 125 (1979):
Mar. 22, considered and passed House; considered and passed
Senate, in lieu of S. 443.
PUBLIC LAW 96-3, 93 STAT. 5
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 1104(d) of
Public Law 95 - 630 // 12 USC 3404. // is repealed.
Approved March 7, 1979.
LEGISLATIVE HISTORY:
SENATE REPORT No. 96 - 5 (Comm. on Banking, Housing, and Urban
Affairs).
CONGRESSIONAL RECORD, Vol. 125 (1979):
Feb. 9, considered and passed Senate.
Feb. 27, considered and passed House.
PUBLIC LAW 96-2, 93 STAT. 4
of 1970.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 205(a) of
the Bank Holding Company Act Amendments of 1970 (84 Stat. 1769; 31 U.
S.C. 317e note) is amended by deleting the second sentence thereof and
substituting the following: " The Administrator is authorized to sell
such coins as may remain by negotiations at such prices, including fixed
prices, in such manner, and upon such terms and conditions as may be
deemed proper by the Administrator.".
Sec. 2. The amendment made by the first section of this Act // 31
USC 317e // shall take effect upon the date of its enactment.
Approved March 7, 1979
LEGISLATIVE HISTORY:
CONGRESSIONAL RECORD, Vol. 125 (1979):
Feb. 13, considered and passed House.
Feb. 26, considered and passed Senate.
PUBLIC LAW 96-1, 93 STAT. 3
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That Public Law 95 - 594 // 92
Stat. 2540. // is amended by striking out " January 22, 1979" the
second time it appears in section 2, and inserting in lieu thereof "
January 29, 1979".
Approved January 22, 1979.
LEGISLATIVE HISTORY:
CONGRESSIONAL RECORD, Vol. 125 (1979):
Jan. 15, considered and passed House.
Jan. 18, considered and passed Senate.