text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1117

 PUBLIC LAW 97-258—SEPT. 13, 1982

96 STAT. 1075

Schedule of Laws Repealed—Continued Statutes at Large Statutes at Large

Date

1935 Feb. 2 Feb. 4 May 2 May 3

Chapter or Public Law

Section

Volume

Page

49 49 49 49 49 49 49 49

19 20 165 174 324 378 387 938

67 149 159 164 212 245 300 304 331 395 396 399 402 406 466 583 584 586 760 835 837

49 49 49 49 49 49 49 49 49 49 49 49 49 49 49 49 49 49 49 49 49

1138 1165 1184 1187 1205 1237 1257 1259 1262 1274 1275 1276 1277 1352 1387 1522 1523 1524 1911 1972 1973

1937 Jan. 23 Apr. 27

5 140

50 4 50 107

May 14 June 24 June 28 Julys Aug. 14

143 180 377 384 444 631

1938 Apr. 26

175

May 26

285

1939 Apr. 3 Apr. 26 May 10 May 25

36 103 119 149

July 6 July 20 Aug. 5 Aug. 7 Aug. 10

260 336 442 566 665

June 17 Aug. 27 1936 Feb. 13 Mar. 18 Mar. 20 Mar. 31 Apr. 13 Apr. 24 May 5 May 6 May 15

May 28

June 24 June 26

4 5 88 90 176 261 271 780

401(h)

1 (par. under heading "Clothing, Naval Reserve").

8,9

1 (par. under heading "Clothing, Naval Reserve").

119 140 306 322 481 647

52 235 52 447

201 4 1 (par. under heading "Clothing, Naval Reserve").

"Sec. 6" 4-7

1940 Mar. 25 Apr. 30

71 175 419 Sept. 18 722 779 Oct. 9 788 796 Oct. 14 875

50 50 50 50 50 50

302 322 (less 1 (related to § 3737)) 4

53 53 53 53

565 624 738 769

53 53 53 53 53

998

54 54 54 54 54 54 54 54

59 175 526 955

1071 1209 1263 1359

1029 1061 1086 1136

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text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1118

 96 STAT. 1076

PUBLIC LAW 97-258—SEPT. 13, 1982 Schedule of Laws Repealed—Continued Statutes at Large Date

1941 Feb. 19 May 31 June 21 June 30 Nov. 21 Dec. 17

Statutes at Large

Chapter or Public Law

7 156

101 (last par. under heading "Bureau of the Public Debt").

213 489 499 591

Dec. 26 Dec. 29

629

1942 Feb. 20 Mar. 28 Apr. 28

95 205 247

July 2 July 20 July 25

320 472 507 524

Dec. 2 Dec. 18 Dec. 24

17

Apr. 11 Apr. 29 June 26 Julyl July 3 July 12 Dec. 23 1944

52 76 125 150 185 189 223 228 377

June 27 June 28

240 286 301

Julyl Dec. 13 Dec. 21 Dec. 23

304 357 552 631 716 720

1945 Apr. 3 May 3 May 29 June 12 July 17

51 106 135 186 319

July 31 Nov. 8 Dec. 3 Dec. 6 Dec. 28

339 453 515 557

...

301 (next-to-last sentence before heading "Independent Agencies").

659 767 821

1943 Mar. 18

Section

301 (par. under heading "Executive Office of the President", 1st par. proviso under heading "Bureau of Accounts"). 505 101 (par. 2 under heading "Office for Emergens Management, par. under heading "Bureau of the Public Debt").

101 (last par. under heading "Bureau of the Mint"). (less 1(c), 3 (1st proviso)) 1 (4th complete par. on p. 352, words after last semicolon in par. immediately before heading "Medical Department").

101 Qast par. on p. 371), 213 1 (last proviso immediately before heading "Office of War Information"). 303

214 4 1 (last proviso immediately before heading "Office of Inter-American Affairs"). 7(a), 9 153

Volume

Page

55 7 55 216 55 55 55 55 55

255 395 777 781 819

55 862 55 875 56 94 56 189 56 234, 244 56 56 56 56

306 506 661 707, 720

56 1028 56 1064 56 1086 57 32 57 57 57 57 57

63 68 152 219 352, 357

57 57 57 57

372 520 530 608

58 272 58 371, 387 58 539 58 58 58 58 58 58

623 648 800 844 921 923

59 59 59 59 59

47 134 225 238 476

59 59 59 59 59

514, 516 574 592 597 662

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license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1119

 PUBLIC LAW 97-258—SEPT. 13, 1982

96 STAT. 1077

Schedule of Laws Repealed—Continued Statutes at Large Statutes at Large Date

1946 Mar. 6

Chapter or Public Law

July 1

48 501 530

July 23

591

Aug. 2

744 753

Aug. 7 1947 May 19

July 9 July 11 July 26 July 30 Aug. 1 Aug. 4

756 770 78 98 104 147 211 222 338 358 438 441 455

Section

101 (par. immediately before heading "House of Representatives"). 101 (proviso under heading "Office of Scientific Research and Development"). 11, 16, 17 205, 206, 424(a) (last par. on p. 846, 2d par. on p. 847), (b) (related to 2d par. of (a) on p. 847). 25 1(47), (48)

101 (4th par. on p. 282) 307 3

Volume

Page

60 31 60 316 60 393 60 606 60 809, 810 60 837, 846, 847 60 856 60 870 61 61 61 61 61 61 61 61 61 61 61

101 129 132 180 282 308 493 584 717 720 730

1948 400 June 19

Aug. 10 1949 June 10 June 30

510 558 646 832 187 285 286

July 6 July 20

299 354

Aug. 24 Aug. 27 Oct. 10

506 517 662

1950 Feb. 9 May 10

June 28 Aug. 4 Aug. 14 Aug. 17 Sept. 6

6 172 173 188 233 234 383 558 705 735 896

Sept. 12 Sept. 23

946 1010

May 17 June 14

101 (par. immediately before heading "International Activities"). 101 (words before proviso in par. under heading "Bureau of Internal Revenue"), 302 (last par.). 7 501(b)

13 101 (pars, under headings "Refund of Moneys Erroneously Received and Covered", "Payments of Unclaimed Moneys"). 101 (par. under heading "Emergencies in the Diplomatic and Consular Service"). 309 7(b) 101 (par. under heading "General Provision-Department of Justice").

203 402(m) 10(a) 101 (par. under heading "Emergencies in the Diplomatic and Consular Service"), 1210, 1211. 6

62 308 62 488 62 561 62 986 62 1283 63 167 63 356 63 358, 359

63 407 63 449 63 662 63 668 63 746

64 64 64 64 64 64 64 64 64 64 64

5 157 157 170 212 212 273 408 440 462 610, 765

64 832 64 986

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text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1120

 96 STAT. 1078

PUBLIC LAW 97-258—SEPT. 13, 1982 Schedule of Laws Repealed—Continued Statutes at Large Statutes at Large Date

Chapter or Public Law

1951 Mar. 26 Apr. 24 May 15 June 2

19... 35... 75... 121.

Aug. 11

301.

Aug. 31 Sept. 28 Oct. 22

376. 434. 533.

Oct. 25 Oct. 27 Oct. 31 Nov. 1

562. 591. 654. 655. 664.

1952 May 15 June 27 July 3 July 5

289. 477. 548. 578.

July 9 July 10

600. 651.

July 15

758.

1953 June 16 July 28 July 31 Aug. 1

115. 256. 300. 302.

Aug. 5

303. 305. 328.

Aug. 7

340.

1954 Mar. 17 May 13 June 4 June 24

99... 201. 264. 359.

June 30 July 2

427. 456.

July 15 July 22 Aug. 16 Aug. 23 Aug. 26 Aug. 28

509... 557... 736... 840... 935... 1035. 1037. 1076.

Aug. 30

Section

Volume

26 32 41 61

1 (related to §/l related to §/3477) ch. XI (proviso immediately before heading "Independent Offices"). 101 (proviso under heading "Bureau of Engraving and Printing"). 501 504 101 (par. under heading "Emergencies in the Diplomatic and C!onsular Service"). 1(17), 3(1)

184 290 364 577 638, 639 658 703, 707, 709 729 756

1(55), 2(19), 4(3). 56(g) 1307 2 403(a)(9).

73 279 321 399

101 (Isist par. under heading "General Accounting Office").

479 550

101 (par. under heading "Emergencies in the Diplomatic and C!onsular Service"). 1407, 1410, 1415

660, 661, 662 61 229 296 299

101 (par. under heading "Bureau of the Budget").

317 349, 350, 353 368

604, 611, 621 101 (par. under heading "Emergencies in the Diplomatic and Consular Service"). 1314

6 1 101 (proviso under heading "General Accounting Office"). 101 (par. under heading "Emergencies in the Diplomatic and Consular Service"). 7801(b).

mi'.'.'.'.'.'. 1(18), (31)..

Page

438 68 68 68 68

29 95 175 280

68 336 68 414 68 68 68A 68 68 68 68 68

482 496 915 774 830 890 895 967, 968

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text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1121

 96 STAT. 1079

PUBLIC LAW 97-258—SEPT. 13, 1982 Schedule of Laws Repealed—Continued Statutes at Large Statutes at Large Date

Chapter or Public Law

Section

Volume

Page

1955 113

June 30 July?

303 358 368 694 803

June 8 June 28

1956 June 7 June 19 June 20 June 25 July 9 July 25 July 26 July 27 July 28 Aug. 1 Aug. 2 Aug. 10 1957 Apr. 20 June 5 June 17 Aug. 28 1958 Feb. 26 May 27 June 30 Aug. 23 Aug. 25 Aug. 26 Sept. 2 1959 June 25 June 30

Julys

July 13 Sept. 9 Sept. 22 1960 June 11 June 29 June 30 1961 June 27 June 30 July 20 Aug. 30 Oct. 4

69 69 69 69 69 69

82 87 180 188 241 265

69 69 69 69 69

290 314 352 626 687

101 (par. under heading "Emergencies in the Diplomatic and Consular Service"). 602 512

376 409 414 442 535 536 727 741 748 769 814 838 887 1041

201(a) 1302

3, 4(a)(31), (33) 30, 31, 40, 45

85-17 85-48 85-56 85-170 85-183

70 70 70 70 70 70 70 70 70 70 70 70 70 70A

255 297 300 336 518 519 647 667 694 703 782 887 946, 948 632, 636, 638

71 71 71 71 71

15 55 163 440 464

72 72 72 72 72 72 72 72

27 143 272 808 852 859 1269 1758

17(6) 101, 103, 105, 202 1 "Sec. 7801(b)"

73 73 73 73 73 73 73

147 156 167 197 484 621, 622, 624 648

1(28). (29) 1(25) 1, 101

74 202 74 249 74 290

210 2202(38), (40) 1401

85-336 85-426 85-477 85-726 85-759 85-762 85-857 85-912

213 502(c) 1407 14(11)

86-70 86-74 86-79 86-87 86-249 86-346 86-368

25,26 210

86-507 86-533 86-564 87-58 87-66 87-69 87-91 87-187 87-353

97-200 0 - 8 4 - p t. 1

69 72,76

12(c)(4), (c)(10)

119 134 189 198 256 279

July 11 July 13 July 15 Aug. 9 Aug. 11

101 (last proviso under heading "Bureau of the Public Debt"), 102.

(less 8) 3

36: QL3

75 75 75 75 75 75

119 146 148 211 416 774

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Page:United States Statutes at Large Volume 96 Part 1.djvu/1122

 96 STAT. 1080

PUBLIC LAW 97-258—SEPT. 13, 1982 Schedule of Laws Repealed—Continued Statutes at Large Statutes at Large Date

1962 Mar. 13 July 1 July 11 Sept. 5 Oct. 9 Oct. 18 1963 May 29 July 8 Aug. 20 Aug. 27 Nov. 26 1964 June 29 Aug. 14 Aug. 20 Aug. 30 Aug. 31

Chapter or Public Law

87-414 87-512 87-534 87-643 87-774 87-843 88-30 88-36 88-58 88-102 88-106 88-187 88-327 88-426 88-454 88-518 88-521 88-558

Section

304 (Ist par.)

1,2

203(a)-(c) (5th-14th words), (i), 305(39) 105(a) (last par.)

Volume

Page

76 23 76 124 76 155 76 440 76 775 76 1097 77 50 77 54 77 76 77 129 77 131 77 342 78 78 78 78 78 78

225 415, 427 551 698 700 767

79 79 79 79 79 79 79 79

119 172 254 582 672 789 989 1026

80 80 80 80 80 80 80 80 80 80 80 80

161 221 221 307 308 329 756 819 824 955 1514 1590

81 81 81 81 81 81

4 20 77 99 165 639

81 82 82 82 82 82 82 82

778 50 271 274 544, 610 998 1098 1155

1965 June 24 July 23 Aug. 28 Sept. 9 Sept. 15 Oct. 19 Oct. 21 1966 May 20 June 24

89-30 89-49 89-81 89-145 89-175 89-185 89-265 89-283

July 18 July 19 July 26 Sept. 12 Sept. 20 Sept. 21 Oct. 15 Nov. 8 Nov. 13

89-427 89-472 89-473 89-506 89-508 89-520 89-568 89-593 89-597 89-677 89-800 89-809

1967 Mar. 2 May 25 June 24 June 30 Aug. 9 Dec. 16

90-3 90-19 90-29 90-39 90-62 90-206

1968 Jan. 2 Mar. 18 June 28 Aug. 1 Oct. 12 Oct. 16 Oct. 17

90-240 90-269 90-364 90-365 90-448 90-561 90-577 90-595

5 (less 211, 212)

601 5 6 612 4 2(d) 5 401,402

4

219(1), (2) 5(f) 8-12 202-205 807(e), 1719(d) (less 501)

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text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1123

 PUBLIC LAW 97-258—SEPT. 13, 1982

96 STAT. 1081

Schedule of Laws Repealed—Continued Statutes at Large Statutes at Large Date

1969 Apr. 7 Sept. 29 Dec. 1 Dec. 29 Dec. 30 1970 June 30 Julys July 23 Aug. 12 Aug. 24 Sept. 25 Sept. 26 Oct. 26 Oct. 27

Chapter or Public Law

91-8 91-74... 91-130. 91-170. 91-175. 91-301. 91-311. 91-350. 91-375. 91-388. 91-419. 91-423. 91-508. 91-510. 91-513.

Section

Volume

83 83 83 83 83

7 118 272 469 825 368 412 449 782 830 870 879

201-242 201-236 1101(a)(3), (6), 1102(n)(l).

84 84 84 84 84 84 84 84 84 84

102 (Ist par.). Ill (1st par.). 501

1(c).. 6(/)., 3

Oct. 30 Dec. 30 Dec. 31

91-518. 91-599. 91-607. 91-614.

804 41,42 201-209.. 401

84 84 84 84

1971 Jan. 5 Mar. 17 May 7 May 27 Aug. 13 Oct. 11 Nov. 17 Dec. 10 Dec. 15

91-650. 92-5 92-12... 92-19... 92-117. 92-136. 92-156. 92-178. 92-190.

102.. 1-4.. 4,5.

84 85 85 85 85 85 85 85 85

1972 Mar. 15 Mar. 31 May 18 June 6

92-250. 92-268. 92-302. 92-310.

86 86 1,3 86 101-104, 231(a)-(u), (w)-(y), (bb)-(gg), 250, 86

4,8 201(b) 802(b)(l).

260. Julyl July 13 Aug. 7 Oct. 18 Oct. 20 Oct. 25 Oct. 27 1973 Mar. 8 Julyl Sept. 21 Oct. 18 Dec. 3 Dec. 24

92-336. 92-352. 92-366. 92-500. 92-512. 92-550. 92-578. 92-599. 93-9 93-52... 93-53... 93-110. 93-127. 93-173. 93-198.

Page

1 106.. 12(p) 101-143,145. 15..

111.. 1-3..

731, 735, 736.

1118 1167 1291, 1292, 1293 1340 1659 1768 1846 1930

5 37 74 337 377, 378

424 573 646 63 116 148, 149 201, 202, 209, 211, 212,

215 406 491 506 902 919

86 86 86 86 86 86 1163 86 1274 86 1324 87 87 87 87 87 87 87

7 134 134 352 455 691 822, 823

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text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1124

 96 STAT. 1082

PUBLIC LAW 97-258—SEPT. 13, 1982 Schedule of Laws Repealed—Continued Statutes at Large Statutes at Large Date

1974 Jan. 2 Jan. 3 Mar. 2 May 22 June 30 July 12 Aug. 14 Aug. 22 Sept. 2 Oct. 11 Oct. 18 Dec. 5 Dec. 22

Chapter or Public Law

93-236. 93-245. 93-250. 93-288. 93-325. 93-344.

Section

Volume

202{gXl), 301(f) (last sentence). 301 414(c).. 501-504, 601-605, 607, 702, 801, 802, 1002, 1003.

Dec. 26 Dec. 27

93-373. 93-383. 93-406. 93-441. 93-455. 93-510. 93-534. 93-539. 93-541. 93-552.

4,5. 607..

1975 Jan. 2

93-604.

1-601, 703, 801, 802.,

Jan. 3 Feb. 19 June 30 July 19 July 25 Aug. 9

93-618. 94-3 94-47... 94-57... 94-59... 94-82...

175(a)(2)

Nov. 14 Dec. 9 Dec. 18

94-132. 94-143. 94-157.

1976 Feb. 5 Mar. 15 Apr. 21

94-210. 94-232. 94-273.

311, 612(b).

June 1 June 30 July 8 Oct. 4 Oct. 13 Oct. 15 Oct. 19 Oct. 20

94-274. 94-303. 94-334. 94-348. 94-455. 94-488. 94-502. 94-564. 94-565.

209 118(b)(2).

1977 May 4

95-26.

July 31

95-81

101 (proviso under heading "Office of Management and Budget"), (2d par. under heading "Claims and Judgments"). 100 (par. under heading "Bureau of Engraving and Printing").

Oct. 4 Oct. 7 Oct. 28 Nov. 9 Dec. 28

95-120. 95-125. 95-147. 95-164. 95-220.

108(1), 117(a) 1052, 4002(g)(3).

1108 204(b) "Sec. words)".

203(a),

(b), (c)

(5th-14th

109..

1, 2(16), (17), 5(4), 8(1), 12(2), 45..

3(e) 1906(b)(13XB) "Sec. 7801(b)" 407 6, 7, 8.

1, 4(b), (c).. 305

Page

992, 1005 1072 11 158 285 321, 323, 325, 326, 327, 332 445 649, 653 952, 1005 1261 1381 1604 1731 1738 1739 88 1763 1959, 1964, 1965 2011 5 246 265 300 421 693 797 831 60, 108 217 375, 377, 378, 382 395 616 793 818 1834 2341 2397 2661 2662 91 94,96 342 1090 1104 1227, 1229 1322 1615

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Page:United States Statutes at Large Volume 96 Part 1.djvu/1125

 PUBLIC LAW 97-258—SEPT. 13, 1982

96 STAT. 1083

Schedule of Laws Repealed—Continued Statutes at Large Statutes at Large Date

1978 Feb. 3 Mar. 7 Mar. 27 July 21 Aug. 3 Aug. 20 Sept. 8 Sept. 17 Sept. 22 Oct. 10

Chapter or Public Law

Nov. 8 Nov. 10

95-224 95-240 95-250 95-320 95-333 95-351 95-355 95-367 95-380 95-435 95-447 95-454 95-469 95-512 95-563 95-582 95-595 95-598 95-612 95-630

1979 Apr. 2 July 25

96-5 96-38

Aug. 8 Sept. 29 Nov. 30

96-47 96-78 96-130

Oct. 13 Oct. 17 Oct. 25 Nov. 1 Nov. 2

1980 Feb. 15 Apr. 3 June 28 Julys Oct. 3 Oct. 7 Oct. 9 Oct. 13 Oct. 17 Dec. 11 Dec. 12 Dec. Dec. Dec. Dec. Dec. Dec.

15 16 19 23 24 28

1981 Feb. 7 Aug. 6 Aug. 13 Sept. 30 Dec. 23

96-191 96-226 96-264 96-286 96-304 96-377 96-389 96-400 96-436 96-465 96-511 96-514 96-519 96-528 96-534 96-556 96-586 96-595 96-604

Dec. 29

97-2 97-31 97-35 97-48 97-99 97-102 97-104 97-136

1982 Apr. 1

97-162

Section

201 106 1,2 301 303 5(g)(2) 7 901 l(a)(4), 3 14(c) 1 322(aHf) 1010, 1805

100 (last par. under heading "General Provisions). (less 201) 100 (par. under heading "Foreign Currency Fluctuation, Construction, Defense"). (less 8(a), (b), (c)(2)-(e)(2), (g)) 101-104 1 307 3 323(b), (c) 126 2206(0 3(a) 309(b), (c) 616 2(i) 2

12(11) 382, 396(h)(l)-(3), 1741-1745 902, 912(a) 318 11

Volume

92 92 92 92 92 92 92 92 92 92 92 92 92 92 92 92 92 92 92 92

Page

3 116 171 391 419 513 563 603 725 1053 1072 1223 1321 1799 2390 2479 2541 2678 3091 3696, 3724

93 8 93 100 93 344 93 589 93 1019

94 94 94 94 94 94 94 94 94 94 94 94 94 94 94 94 94 94 94

27 311 439 598 928 1512 1553 1699 1869 2163 2825 2984 3031 3117 3164 3261 3383 3465 3516

95 4 95 154 95 432 440 762 95 955 95 1381, 1387 95 1461 95 1491 95 1707 96 23

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text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1126

 96 STAT. 1084

PUBLIC LAW 97-258—SEPT. 13, 1982 Revised Statutes Section 176 193 233 234 236 237 239-241 243-246 248 251 (words after "Treasury" and before "shall prescribe forms of entries") 254 257 261 266 267 274 277 278 280-285 291 295-298 301 304 305 312 318 343 345 372 376 1776 3466-3468 3470-3472 3475-3481 3490-3492 3494-3496 3503 3505-3512 3514-3549 3551-3555 3558 3562 3563 3566-3568 3571 3576-3578 3580 3581 3584 3585 3587-3591 3593 3613 3615-3627 3629-3646 3648' 3649 3651-3653 3659

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text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1127

 PUBLIC LAW 97-258—SEPT. 13, 1982

96 STAT. 1085

Revised Statutes—Continued Section 3670 3672 3673 3675 3676 3678 3679 3681 3685 3689 3692 3693 3698-3701 3706 3707

United States Code Section

Title 6 28

605 (last par.)

Reorganization Plans Year

1939 1940 1947 1950 1952 1970

Statutes at Large

Plan No.

Section

1-3 2 1, 2 3, 4 201

'mZ'Z 102,103

Volume

Page 1423 1432 1231 1234 951 1280 823 2085

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text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1128

 PUBLIC LAW 97-258—SEPT. 13, 1982

96 STAT. 1086

Executive Orders Date

Order No.

Section

1933 6166 4 1934 May 29

6728

Approved September 13, 1982.

LEGISLATIVE HISTORY—H.R. 6128: HOUSE REPORT No. 97-651 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 128 (1982): Aug. 9, considered and passed House. Aug. 20, considered and passed Senate.

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text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1129

 PUBLIC LAW 97-259—SEPT. 13, 1982

96 STAT. 1087

Public Law 97-259 97th Congress An Act To amend the Communications Act of 1934, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, TITLE I—COMMUNICATIONS AMENDMENTS SHORT TITLE

101. This title may be cited as the 'Communications Amendments Act of 1982". SECTION.

Sept. 13, 1982 [H.R. 3239] Communications Act of 1934, amendment. Communications Amendments Act of 1982.

47 USC 609 note.

FINANCIAL INTERESTS OF MEMBERS AND EMPLOYEES OF FEDERAL COMMUNICATIONS COMMISSION

SEC. 102. Section 4(b) of the Communications Act of 1934 (47 U.S.C. 154(b)) is amended to read as follows: "(b)(l) Each member of the Commission shall be a citizen of the United States. "(2)(A) No member of the Commission or person employed by the Prohibitions. Commission shall— "(i) be financially interested in any company or other entity engaged in the manufacture or sale of telecommunications equipment which is subject to regulation by the Commission; "(ii) be financially interested in any company or other entity engaged in the business of communication by wire or radio or in the use of the electromagnetic spectrum; "(iii) be financially interested in any company or other entity which controls any company or other entity specified in clause (i) or clause (ii), or which derives a significant portion of its total income from ownership of stocks, bonds, or other securities of any such company or other entity; or "(iv) be employed by, hold any official relation to, or own any stocks, bonds, or other securities of, any person significantly regulated by the Commission under this Act; except that the prohibitions established in this subparagraph shall apply only to financial interests in any company or other entity which has a significant interest in communications, manufacturing, or sales activities which are subject to regulation by the Commission. "(B)(i) The Commission shall have authority to waive, from time to Waiver time, the application of the prohibitions established in subpara- authority. graph (A) to persons employed by the Commission if the Commission determines that the financial interests of a person which are involved in a particular case are minimal, except that such waiver authority shall be subject to the provisions of section 208 of title 18, United States Code. The waiver authority established in this subparagraph shall not apply with respect to members of the Commission.

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text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1130

 96 STAT. 1088 Notice; publication in Federal Register; notification to congressional committees.

PUBLIC LAW 97-259—SEPT. 13, 1982

"(ii) In any case in which the Commission exercises the waiver authority established in this subparagraph, the Commission shall publish notice of such action in the Federal Register and shall furnish notice of such action to the appropriate committees of each House of the Congress. Each such notice shall include information regarding the identity of the person receiving the waiver, the position held by such person, and the nature of the financial interests which are the subject of the waiver. "(3) The Commission, in determining whether a company or other entity has a significant interest in communications, manufacturing, or sales activities which are subject to regulation by the Commission, shall consider (without excluding other relevant factors)— "(A) the revenues, investments, profits, and managerial efforts directed to the related communications, manufacturing, or sales activities of the company or other entity involved, as compared to the other aspects of the business of such company or other entity; "(B) the extent to which the Commission regulates and oversees the activities of such company or other entity; "(C) the degree to which the economic interests of such company or other entity may be affected by any action of the Commission; and "(D) the perceptions held by the public regarding the business activities of such company or other entity. "(4) Members of the Commission shall not engage in any other business, vocation, profession, or employment while serving as such members. "(5) The maximum number of commissioners who may be members of the same political party shall be a number equal to the least number of commissioners which constitutes a majority of the full membership of the Commission.". APPOINTMENT, TERMS OF OFFICE, SALARY, AND COMPENSATION OF MEMBERS OF COMMISSION

5 USC 5315.

5 USC 5314.

SEC. 103. (a) Section 4(c) of the Communications Act of 1934 (47 U.S.C. 154(c)) is amended— (1) by striking out "The"; (2) by striking out "first appointed" and all that follows through "but their successors"; and (3) by striking out "qualified" and inserting in lieu thereof "been confirmed and taken the oath of office". 0)) Section 4(d) of the Communications Act of 1934 (47 U.S.C. 154(d)) is amended to read as follows: "(d) Each Commissioner shall receive an annual salary at the annual rate payable from time to time for level IV of the Executive Schedule, payable in monthly installments. The Chairman of the Commission, during the period of his service as Chairman, shall receive an annual salary at the annual rate payable from time to time for level III of the Executive Schedule.". (c) Section 4(fK2) of the Communications Act of 1934 (47 U.S.C. 154(f)(2)) is amended by striking out "a legal assistant, an engineering assistant," and inserting in lieu thereof "three professional assistants". (d) Section 4(g) of the Communications Act of 1934 (47 U.S.C. 154(g)) is amended by inserting "(1)" after the subsection designation, and by adding at the end thereof the following new paragraph:

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text:
Page:United States Statutes at Large Volume 96 Part 1.djvu/1131

 PUBLIC LAW 97-259—SEPT. 13, 1982

96 STAT. 1089

"(2)(A)If"(i) the necessary expenses specified in the last sentence of paragraph (1) have been incurred for the purpose of enabling commissioners or employees of the Commission to attend and participate in any convention, conference, or meeting; "(ii) such attendance and participation are in furtherance of the functions of the Commission; and "(iii) such attendance and participation are requested by the person sponsoring such convention, conference, or meeting; then the Commission shall have authority to accept direct reimbursement from such sponsor for such necessary expenses. "(B) The total amount of unreimbursed expenditures made by the Commission for travel for any fiscal year, together with the total amount of reimbursements which the Commission accepts under subparagraph (A) for such fiscal year, shall not exceed the level of travel expenses appropriated to the Commission for such fiscal year. "(C) The Commission shall submit to the appropriate committees Publication in of the Congress, and publish in the Federal Register, quarterly federal reports specifying reimbursements which the Commission has ^^^^ster. accepted under this paragraph. "(D) The provisions of this paragraph shall cease to have any force or effect at the end of fiscal year 1985.". (e) Section 4(k)(2) of the Communications Act of 1934 (47 U.S.C. 154(k)(2)) is amended by striking out ": Provided, That the" and all that follows through "by such reports". (f) Section 4(k) of the Communications Act of 1934 (47 U.S.C. 154(k)) is amended by redesignating paragraph (4) and paragraph (5) as paragraph (3) and paragraph (4), respectively. (g) Section 4(k)(4) of the Communications Act of 1934, as so redesignated in subsection (f), is amended by striking out "Bureau of the Budget" and inserting in lieu thereof "Office of Management and Budget". USE OF AMATEUR VOLUNTEERS FOR CERTAIN PURPOSES

SEC. 104. Section 4(f) of the Communications Act of 1934 (47 U.S.C. 154(f)) is amended by adding at the end thereof the following new paragraph: "(4)(A) The Commission, for purposes of preparing any examination for an amateur station operator license, may accept and employ the voluntary and uncompensated services of any individual who holds an amateur station operator license of a higher class than the class license for which the examination is being prepared. In the case of examinations for the highest class of amateur station operator license, the Commission may accept and employ such services of any individual who holds such class of license. '(B) The Commission, for purposes of administering any examination for an amateur station operator license, may accept and employ the voluntary and uncompensated services of any individual who holds an amateur station operator license of a higher cleiss than the class license for which the examination is being conducted. In the case of examinations for the highest class of amateur station operator license, the Commission may accept and employ such services of any individual who holds such class of license. Any person who owns a significant interest in, or is an employee of, any company or other entity which is engaged in the manufacture or distribution of equipment used in connection with amateur radio transmissions, or in the

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PUBLIC LAW 97-259—SEPT. 13, 1982

preparation or distribution of any publication used in preparation for obtaining amateur station operator licenses, shall not be eligible to render any service under this subparagraph. "(C)(i) The Commission, for purposes of monitoring violations of any provision of this Act (and of any regulation prescribed by the Commission under this Act) relating to the amateur radio service, may— "(I) recruit and train any individual licensed by the Commission to operate an amateur station; and "(II) accept and employ the voluntary and uncompensated services of such individual, "(ii) The Commission, for purposes of recruiting and training individuals under clause (i) and for purposes of screening, annotating, and summarizing violation reports referred under clause (i), may accept and employ the voluntary and uncompensated services of Einy amateur station operator organization. "(iii) The functions of individuals recruited and trained under this subparagraph shall be limited to— "(I) the detection of improper amateur radio transmissions; "(II) the conveyance to Commission personnel of information which is essential to the enforcement of this Act (or regulations prescribed by the Commission under this Act) relating to the amateur radio service; and "(III) issuing advisory notices, under the general direction of the Commission, to persons who apparently have violated any provision of this Act (or regulations prescribed by the Commission under this Act) relating to the amateur radio service. Nothing in this clause shall be construed to grant individuals recruited and trained under this subparagraph any authority to issue sanctions to violators or to take any enforcement action other than any action which the (Commission may prescribe by rule. "(D)(i) The Commission, for purposes of monitoring violations of any provision of this Act (and of any regulation prescribed by the Commission under this Act) relating to the citizens band radio service, may— "(I) recruit and train any citizens band radio operator; and "(II) accept and employ the voluntary and uncompensated services of such operator, "(ii) The Commission, for purposes of recruiting and training individuals under clause (i) and for purposes of screening, annotating, and summarizing violation reports referred under clause (i), may accept and employ the voluntary and uncompensated services of any citizens band radio operator organization. The Commission, in accepting and employing services of individuals under this subparagraph, shall seek to achieve a broad representation of individuals and organizations interested in citizens band radio operation, "(iii) The functions of individuals recruited and trained under this subparagraph shall be limited to— "(I) the detection of improper citizens band radio transmissions; "(II) the conveyance to Commission personnel of information which is essential to the enforcement of this Act (or regulations prescribed by the Commission under this Act) relating to the citizens band radio service; and "(III) issuing advisory notices, under the general direction of the Commission, to persons who apparently have violated any

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96 STAT. 1091

provision of this Act (or regulations prescribed by the Commission under this Act) relating to the citizens band radio service. Nothing in this clause shall be construed to grant individuals recruited and trained under this subparagraph any authority to issue sanctions to violators or to take any enforcement action other than any action which the Commission may prescribe by rule. "(E) The authority of the Commission established in this paragraph shall not be subject to or affected by the provisions of part III of title 5, United States Code, or section 3679(b) of the Revised 5 USC 2101. Statutes (31 U.S.C. 665(b)). "(F) Any person who provides services under this paragraph shall not be considered, by reason of having provided such services, a Federal employee. "(G) The Commission, in accepting and employing services of individuals under subparagraphs (A), (B), and (C), shall seek to achieve a broad representation of individuals and organizations interested in amateur station operation. "(H) The Commission may establish rules of conduct and other Rules of conduct regulations governing the service of individuals under this para- ^^^ regulations. graph.". ORGANIZATION AND FUNCTIONING OF COMMISSION

SEC. 105. (a) Section 5(b) of the Communications Act of 1934 (47 U.S.C. 155(b)) is amended— (1) by striking out "Within" and all that follows through "and from" and inserting in lieu thereof "From"; and (2) by striking out "thereafter". (b) Section 5 of the Communications Act of 1934 (47 U.S.C. 155) is amended by redesignating subsection (d) and subsection (e) as subsection (c) and subsection (d), respectively. (c) The first sentence of section 5(c)(1) of the Communications Act of 1934, as so redesignated in subsection (b), is amended by striking out "three" and inserting in lieu thereof "two". REGULATION OF POLE ATTACHMENTS

SEC. 106. Section 224 of the Communications Act of 1934 (47 U.S.C. 224) is amended by striking out subsection (e) thereof. JURISDICTION OF COMMISSION

SEC. 107. Section 301 of the Communications Act of 1934 (47 U.S.C. 301) is amended— (1) by striking out "interstate and foreign"; (2) by inserting "State," after "any" the third place it appears therein; (3) by inserting a comma after "Territory" the first place it appears therein; and (4) by inserting "State," after "same". INTERFERENCE WITH ELECTRONIC EQUIPMENT

SEC. 108. (a)(1) The first sentence of section 302(a) of the Communications Act of 1934 (47 U.S.C. 302(a)) is amended by inserting "(1)" 47 USC 302a. after "regulations", and by inserting before the period at the end thereof the following: "; and (2) establishing minimum performance

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47 USC 302a.

47 USC 302a.

47 USC 302a.

47 USC 302a note.

PUBLIC LAW 97-259—SEPT. 13, 1982

standards for home electronic equipment and systems to reduce their susceptibility to interference from radio frequency energy". (2) The last sentence of section 302(a) of the Communications Act of 1934 (47 U.S.C. 302(a)) is amended by striking out "shipment, or use of such devices" and inserting in lieu thereof "or shipment of such devices and home electronic equipment and systems, and to the use of such devices". (3) Section 302(b) of the Communications Act of 1934 (47 U.S.C. 302(b)) is amended by striking out "ship, or use devices" and inserting in lieu thereof "or ship devices or home electronic equipment and systems, or use devices,". (4) Section 302(c) of the Communications Act of 1934 (47 U.S.C. 302(c)) is amended— (A) in the first sentence thereof, by inserting "or home electronic equipment and systems" after "devices" each place it appears therein; and (B) in the last sentence thereof, by inserting "and home electronic equipment and systems" after "Devices", by striking out "common objective" and inserting in lieu thereof "objectives", and by inserting "and to home electronic equipment and systems" after "reception". (b) Any minimum performance standard established by the Federal Communications Commission under section 302(a)(2) of the Communications Act of 1934, as added by the amendment made in subsection (a)(1), shall not apply to any home electronic equipment or systems manufactured before the date of the enactment of this Act. QUALIFICATIONS OF STATION OPERATORS

SEC. 109. Section 303(1)(1) of the Communications Act of 1934 (47 U.S.C. 303(1)(1)) is amended— (1) by striking out "such citizens" and all that follows through "qualified" and inserting in lieu thereof "persons who are found to be qualified by the Commission and who otherwise are legally eligible for employment in the United States"; and (2) by striking out "in issuing licenses" and all that follows through the end thereof and inserting in lieu thereof the following: "such requirement relating to eligibility for employment in the United States shall not apply in the case of licenses issued by the Commission to (A) persons holding United States pilot certificates; or (B) persons holding foreign aircraft pilot certificates which are valid in the United States, if the foreign government involved has entered into a reciprocal agreement under which such foreign government does not impose any similar requirement relating to eligibility for employment upon citizens of the United States;". GROUNDS FOR SUSPENSION OF LICENSES

SEC. 110. Section 303(mKl)(A) of the Communications Act of 1934 (47 U.S.C. 303(m)(l)(A)) is amended by inserting ", or caused, aided, or abetted the violation of," after "violated".

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96 STAT. 1093

UCENSING OF CERTAIN AIRCRAFT RADIO STATIONS AND OPERATORS

SEC. 111. (a) Section 303 of the Communications Act of 1934 (47 U.S.C. 303) is amended by adding at the end thereof the following new paragraph: "(t) Notwithstanding the provisions of section 301(e), have authority, in any Case in which an aircraft registered in the United States is operated (pursuant to a lease, charter, or similar arrangement) by an aircraft operator who is subject to regulation by the government of a foreign nation, to enter into an agreement with such government under which the Commission shall recognize and accept any radio station licenses and radio operator licenses issued by such government with respect to such aircraft.". (b) Section 301(e) of the Communications Act of 1934 (47 U.S.C. 301(e)) is amended by inserting "(except as provided in section 303(t))" after "United States". REVISION OF UCENSE TERMS

SEC. 112. (a) Section 307 of the Communications Act of 1934 (47 U.S.C. 307) is amended by striking out subsection (c), and by redesignating subsection (d) and subsection (e) as subsection (c) and subsection (d), respectively. (b) Section 307(c) of the Communications Act of 1934, as so redesignated in subsection (a), is amended— (1) by striking out "five years" the second place and the last place it appears therein and inserting in lieu thereof "ten years"; and (2) by inserting after the second sentence thereof the following new sentence: "The term of any license for the operation of any auxiliary broadcast station or equipment which can be used only in conjunction with a primary radio, television, or translator station shall be concurrent with the term of the license for such primary radio, television, or translator station.". AUTHORITY TO OPERATE CERTAIN RADIO STATIONS WITHOUT INDIVIDUAL UCENSES

SEC. 113. (a) Section 307 of the Communications Act of 1934, as amended in section 112(a), is further amended by adding at the end thereof the following new subsection: "(e)(1) Notwithstanding any licensing requirement established in this Act, the Commission may by rule authorize the operation of radio stations without individual licenses in the radio control service and the citizens band radio service if the Commission determines that such authorization serves the public interest, convenience, and necessity. "(2) Any radio station operator who is authorized by the Commission under paragraph (1) to operate without an individual license shall comply with all other provisions of this Act and with rules prescribed by the Commission under this Act. "(3) For purposes of this subsection, the terms 'radio control service' and 'citizens band radio service' shall have the meanings given them by the (Dommission by rule.". (b) Section 303(n) of the Communications Act of 1934 (47 U.S.C. 303(n)) is amended by inserting after "any Act" the first place it

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title: Doctor Faustus (1604)


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appears therein the following: ", or which the Commission by rule has authorized to operate without a license under section 307(e)(l),". AUTHORIZATION OF TEMPORARY OPERATIONS

SEC. 114. Section 309(f) of the Communications Act of 1934 (47 U.S.C. 309(0) is amended— (1) by striking out "emergency" each place it appears therein and inserting in lieu thereof "temporary'; (2) by striking out "one additional period" and inserting in lieu thereof "additional periods"; and (3) by striking out "ninety days" and inserting in lieu thereof "180 days". RANDOM SELECTION SYSTEM FOR CERTAIN UCENSES AND PERMITS

95 Stat. 736.

Hearing.

SEC. 115. (a) Section 309(i)(l) of the Communications Act of 1934 (47 U.S.C. 309(1)(1)) is amended— (1) by striking out "applicant" the first place it appears therein and inserting in lieu thereof "application"; and (2) by striking out "the qualifications of each such applicant under section 308(b)" and inserting in lieu thereof "that each such application is acceptable for filing". (b) Section 309(i)(2) of the Communications Act of 1934 (47 U.S.C. 309(i)(2)) is amended to read as follows: "(2) No license or construction permit shall be granted to an applicant selected pursuant to paragraph (1) unless the Commission determines the qualifications of such applicant pursuant to subsection (a) and section 3080t)). When substantial and material questions of fact exist concerning such qualifications, the Commission shall conduct a hearing in order to make such determinations. For the purpose of making such determinations, the Commission may, by rule, and notwithstanding any other provision of law— "(A) adopt procedures for the submission of all or part of the evidence in written form; "(B) delegate the function of presiding at the taking of written evidence to Commission employees other than administrative law judges; and "(C) omit the determination required by subsection (a) with respect to any application other than the one selected pursuant to paragraph (1).. (c)(1) Section 309(i)(3)(A) of the Communications Act of 1934 (47 U.S.C. 309(i)(3)(A)) is amended by striking out ", groups" the first place it appears therein, and all that follows through the end thereof, and inserting in lieu thereof the following: "used for granting licenses or construction permits for any media of mass communications, significant preferences will be granted to applicants or groups of applicants, the grant to which of the license or permit would increase the diversification of ownership of the media of mass communications. To further diversify the ownership of the media of mass communications, an additional significant preference shall be granted to any applicant controlled by a member or members of a minority group.". (2) Section 309(i)(3) of the Communications Act of 1934 (47 U.S.C. 309(i)(3)) is amended by adding at the end thereof the following new subparagraph: "(C) For purposes of this paragraph:

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96 STAT. 1095

"(i) The term 'media of mass communications' includes television, radio, cable television, multipoint distribution service, direct broadcast satellite service, and other services, the licensed facilities of which may be substantiedly devoted toward providing programming or other information services within the editorial control of the licensee. "(ii) The term 'minority group' includes Blacks, Hispanics, American Indians, Alaska Natives, Asians, and Pacific

"Media of mass communications."

"Minority group."

Isld.Ild61*S

(d) Section 309(i)(4)(A) of the Communications Act of 1934 (47 U.S.C. 309(i)(4)(A)) is amended by striking out "effective date of this subsection" and inserting in lieu thereof "date of the enactment of the Communications Technical Amendments Act of 1982". AGREEMENTS RELATING TO WITHDRAWAL OP CERTAIN APPLICATIONS

SEC. 116. (a) Section 311(c)(3) of the Communications Act of 1934 (47 U.S.C. 311(c)(3)) is amended by striking out "the agreement" the second place it appears therein and all that follows through the end thereof and inserting in lieu thereof the following: "(A) the agreement is consistent with the public interest, convenience, or necessity; and (B) no party to the agreement filed its application for the purpose of reaching or carrying out such agreement.". (b) Section 311(d)(l) of the Communications Act of 1934 (47 U.S.C. 311(d)(l)) is amended by striking out "two or more" and all that follows through "station" and inserting in lieu thereof the following: "an application for the renewal of a license granted for the operation of a broadcasting station and one or more applications for a construction permit relating to such station". (c) Section 311(d)(3) of the Communications Act of 1934 (47 U.S.C. 311(d)(3)) is amended by striking out "license".

95 Stat. 737.

WILLFUL OR REPEATED VIOLATIONS

SEC. 117. Section 312 of the Communications Act of 1934 (47 U.S.C. 312) is amended by adding at the end thereof the following new subsection: "(f) For purposes of this section: "(1) The term 'willful', when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate any provision of this Act or any rule or regulation of the Commission authorized by this Act or by a treaty ratified by the United States. "(2) The term 'repeated', when used with reference to the commission or omission of any act, means the commission or omission of such act more than once or, if such commission or omission is continuous, for more than one day.". APPLICABILITY OF CONSTRUCTION PERMIT REQUIREMENTS TO CERTAIN STATIONS

SEC. 118. Section 319(a) of the Communications Act of 1934 (47 U.S.C. 319(a)) is amended by striking out "the construction of which is begun or is continued after this Act takes effect,".

Definitions.

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 96 STAT. 1096

PUBLIC LAW 97-259—SEPT. 13, 1982 AUTHORITY TO ELIMINATE CERTAIN CONSTRUCTION PERMITS

SEC. 119. Section 319(d) of the Communications Act of 1934 (47 U.S.C. 319(d)) is amended to read as follows: "(d) A permit for construction shall not be required for Government stations, amateur stations, or mobile stations. A permit for construction shall not be required for public coast stations, privately owned fixed microwave stations, or stations licensed to common carriers, unless the Commission determines that the public interest, convenience, and necessity would be served by requiring such permits for any such stations. With respect to any broadcasting station, the Commission shall not have any authority to waive the requirement of a permit for construction. With respect to any other station or class of stations, the Commission shall not waive such requirement unless the Commission determines that the public interest, convenience, and necessity would be served by such a waiver.". PRIVATE LAND MOBILE SERVICES

SEC. 120. (a) Part I of title III of the Communications Act of 1934 (47 U.S.C. 301 et seq.) is amended by adding at the end thereof the following new section: " PRIVATE LAND MOBILE SERVICES

47 USC 332. 47 USC 151.

5 USC 2101.

5 USC app.

"SEC. 331. (a) In taking actions to manage the spectrum to be made available for use by the private land mobile services, the Commission shall consider, consistent with section 1 of this Act, whether such actions will— "(1) promote the safety of life and property; "(2) improve the efficiency of spectrum use and reduce the regulatory burden upon spectrum users, based upon sound engineering principles, user operational requirements, and marketplace demands; "(3) encourage competition and provide services to the largest feasible number of users; or "(4) increase interservice sharing opportunities between private land mobile services and other services. "(b)(1) The Commission, in coordinating the assignment of frequencies to stations in the private land mobile services and in the fixed services (as defined by the Commission by rule), shall have authority to utilize assistance furnished by advisory coordinating committees consisting of individuals who are not officers or employees of the Federal Government. "(2) The authority of the Commission established in this subsection shall not be subject to or affected by the provisions of part III of title 5, United States Code, or section 3679(b) of the Revised Statutes (31 U.S.C. 665(b)). "(3) Any person who provides assistance to the Commission under this subsection shall not be considered, by reason of having provided such assistance, a Federal employee. "(4) Any advisory coordinating committee which furnishes assistance to the Commission under this subsection shall not be subject to the provisions of the Federal Advisory Committee Act. "(c)(1) For purposes of this section, private land mobile service shall include service provided by specialized mobile radio, multiple licensed radio dispatch systems, and all other radio dispatch sys-

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96 STAT. 1097

terns, regardless of whether such service is provided indiscriminately to eligible users on a commercial basis, except that a land station licensed in such service to multiple licensees or otherwise shared by authorized users (other than a nonprofit, cooperative station) shall not be interconnected with a telephone exchange or interexchange service or facility for any purpose, except to the extent that (A) each user obtains such interconnection directly from a duly authorized carrier; or (B) licensees jointly obtain such interconnection directly from a duly authorized carrier. "(2) A person engaged in private land mobile service shall not, insofar as such person is so engaged, be deemed a common carrier for any purpose under this Act. A common carrier shall not provide any dispatch service on any frequency allocated for common carrier service, except to the extent such dispatch service is provided on stations licensed in the domestic public land mobile radio service before January 1, 1982. "(3) No State or local government shall have any authority to impose any rate or entry regulation upon any private land mobile service, except that nothing in this subsection may be construed to impair such jurisdiction with respect to common carrier stations in the mobile service.". (b)(1) Section 3 of the Communications Act of 1934 (47 U.S.C. 153) is amended by adding at the end thereof the following new paragraph: "(gg) 'Private land mobile service' means a mobile service which provides a regularly interacting group of base, mobile, portable, and associated control and relay stations (whether licensed on an individual, cooperative, or multiple basis) for private one-way or two-way land mobile radio communications by eligible users over designated areas of operation.". (2) Section 3(n) of the Communications Act of 1934 (47 U.S.C. "Mobile 153(n)) is amended to read as follows: service." "(n) 'Mobile service' means a radio communication service carried on between mobile stations or receivers and land stations, and by mobile stations communicating among themselves, and includes both one-way and two-way radio communication services.". NOTICES OF APPEAL

SEC. 121. Section 402(d) of the Communications Act of 1934 (47 U.S.C. 402(d)) is amended— (1) by striking out "Commission" the first place it appears therein and inserting in lieu thereof "appellant'; (2) by striking out "date of service upon it" and inserting in lieu thereof "filing of such notice"; (3) by striking out "and shall thereafter" and all that follows through "Washington"; and (4) by striking out "Within thirty days after the filing of an appeal, the" and inserting in lieu thereof "The". COMPUTATION OF CERTAIN FIUNG DEADUNES

SEC. 122. The last sentence of section 405 of the Communications Act of 1934 (47 U.S.C. 405) is amended by striking out "public notice" and all that follows through the end thereof and inserting in lieu thereof the following: "the Commission gives public notice of the order, decision, report, or action complained of.".

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PUBLIC LAW 97-259—SEPT. 13, 1982 EFFECTIVE DATE OF CERTAIN COMMISSION ORDERS

SEC. 123. Section 408 of the Communications Act of 1934 (47 U.S.C. 408) is amended by striking out "within such reasonable time" and all that follows through the end thereof and inserting in lieu thereof the following: "thirty calendar days from the date upon which public notice of the order is given, unless the Commission designates a different effective date. All such orders shall continue in force for the period of time specified in the order or until the Commission or a court of competent jurisdiction issues a superseding order.". APPLICATION OF FORFEITURE REQUIREMENTS TO CABLE TELEVISION SYSTEM OPERATORS

SEC. 124. The second sentence of section 503(b)(5) of the Communications Act of 1934 (47 U.S.C. 503a)X5)) is amended by inserting ", or is a cable television system operator" before the period at the end thereof. FORFEITURE OF COMMUNICATIONS DEVICES

SEC. 125. Title V of the Communications Act of 1934 (47 U.S.C. 501 et seq.) is amended by adding at the end thereof the following new section: "FORFEITURE OF COMMUNICATIONS DEVICES

47 USC 510.

"SEC. 510. (a) Any electronic, electromagnetic, radio frequency, or similar device, or component thereof, used, sent, carried, manufactured, assembled, possessed, offered for sale, sold, or advertised with 47 USC 301, 302. willful and knowing intent to violate section 301 or 302, or rules prescribed by the Commission under such sections, may be seized and forfeited to the United States. "(b) Any property subject to forfeiture to the United States under this section may be seized by the Attorney General of the United States upon process issued pursuant to the supplemental rules for certain admiralty and maritime claims by any district court of the United States having jurisdiction over the property, except that seizure without such process may be made if the seizure is incident to a lawful arrest or search. "(c) All provisions of law relating to— "(1) the seizure, summary and judicial forfeiture, and condemnation of property for violation of the customs laws; "(2) the disposition of such property or the proceeds from the sale thereof; "(3) the remission or mitigation of such forfeitures; and "(4) the compromise of claims with respect to such forfeitures; shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of this section, insofar as applicable and not inconsistent with the provisions of this section, except that such seizures and forfeitures shall be limited to the communications device, devices, or components thereof. "(d) Whenever property is forfeited under this section, the Attorney General of the United States may forward it to the Commission or sell any forfeited property which is not harmful to the public. The proceeds from any such sale shall be deposited in the general fund of the Treasury of the United States.".

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96 STAT. 1099

EXEMPTION APPLICABLE TO AMATEUR RADIO COMMUNICATIONS

SEC. 126. The last sentence of section 605 of the Communications Act of 1934 (47 U.S.C. 605) is amended— (1) by striking out "broadcast or"; (2) by striking out "amateurs or others" and inserting in lieu thereof "any station"; (3) by striking out "or" the last place it appears therein; (4) by inserting ", aircraft, vehicles, or persons after "ships"; and (5) by inserting before the period at the end thereof the following: ", or which is transmitted by an amateur radio station operator or by a citizens band radio operator". TECHNICAL AMENDMENTS

SEC. 127. (a) Section 304 of the Communications Act of 1934 (47 U.S.(J. 304) is amended by striking out "ether" and inserting in lieu thereof "electromagnetic spectrum". (b) Section 402(a) of the Communications Act of 1934 (47 U.S.C. 402(a)) is amended by striking out "Public Law" and all that follows through the end thereof and inserting in lieu thereof "chapter 158 of title 28, United States Code.". (c)(1) Section 405 of the Communications Act of 1934 (47 U.S.C. 405) is amended by striking out "rehearing" each place it appears therein and inserting in lieu thereof "reconsideration". (2) The heading for section 405 of the Communications Act of 1934 (47 U.S.C. 405) is amended by striking out "REHEARINGS" and inserting in lieu thereof "RECONSIDERATIONS". AMENDMENT TO OTHER LAW

SEC. 128. Section 1114 of title 18, United States Code, is amended by inserting after "law enforcement functions," the following: "or any officer or employee of the Federal Communications (Dommission performing investigative, inspection, or law enforcement functions,". TITLE II—NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION AUTHORIZATION OF APPROPRIATIONS

SEC. 201. There is authorized to be appropriated for the administration of the National Telecommunications and Information Administration $12,917,000 for fiscal year 1983, and $11,800,000 for fiscal year 1984, together with such sums as may be necessary for increases resulting from adjustments in salary, pay, retirement, other employee benefits required by law, and other nondiscretionary costs. STUDY OP TELECOMMUNICATIONS AND INFORMATION GOAUS

SEC. 202. (a) The National Telecommunications and Information 47 USC 151 note;. Administration shall conduct a comprehensive study of the longrange international telecommunications and information goals of the United States, the specific international telecommunications and information policies necessary to promote those goals and the

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PUBLIC LAW 97-259—SEPT. 13, 1982

s t r a t ^ e s that will ensure that the United States achieves them. The Administration shall further conduct a review of the structures, procedures, and mechanisms which are utilized by the United States to develop international telecommunications and information policy. (b) In any study or review conducted pursuant to this section, the National Telecommunications and Information Administration shall not make public information regarding usage or traffic patterns which would damage United States commercial interests. Any such study or review shall be limited to international telecommunications policies or to domestic telecommunications issues which directly afTect such policies. Approved September 13, 1982.

LEGISLATIVE HISTORY—H.R. 3239 (S. 821): HOUSE REPORTS: No. 97-84 (Comm. on Energy and Commerce) and No. 97-765 (Comm. of Conference). SENATE REPORT No. 97-73 accompanying S. 821 (Comm. on Commerce, Science and Transportation). CONGRESSIONAL RECORD: Vol. 127 (1981): June 8, 9, considered and passed House. Vol. 128 (1982): Aug. 18, considered and passed Senate, amended. Aug. 19, Senate and House agreed to conference report.

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96 STAT. 1101

Public Law 97-260 97th Congress Joint Resolution To provide for the appointment of Nancy Hanks as a citizen regent of the Board of Regents of the Smithsonian Institution.

Sept. 18, 1982 [S.J. Res. 194]

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That the vacancy in the Smithsonian Board of Regents of the Smithsonian Institution, of the class other institution. than Members of Congress, which will occur by the expiration of the term of James E. Webb of the District of Columbia on June 21, 1982, is filled by the appointment of Nancy Hanks of the District of Columbia for the statutory term of six years. Approved September 18, 1982.

LEGISLATIVE HISTORY—S.J. Res. 194: HOUSE REPORT No. 97-753 (Comm. on House Administration). SENATE REPORT No. 97-434 (Comm. on Rules and Administration). CONGRESSIONAL RECORD, Vol. 128 (1982): June 9, considered and passed Senate. Sept. 13, considered and passed House.

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 96 STAT. 1102

PUBLIC LAW 97-261—SEPT. 20, 1982

Public Law 97-261 97th Congress An Act Sept. 20, 1982 [H.R. 3663] Bus Regulatory Reform Act of 1982 49 USC 10101 note. 49 USC 10101 note.

To amend subtitle IV of title 49, United States Code, to provide for more effective regulation of motor carriers of passengers.

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 "Bus Regulatory Reform Act of 1982". PURPOSE OF THE ACT

SEC. 2. This Act is part of the continuing effort by Congress to reduce unnecessary and burdensome Government regulation. CONGRESSIONAL FINDINGS

49 USC 10101 note.

SEC. 3. The Congress hereby finds that a safe, sound, competitive, and fuel-efficient motor bus system contributes to the maintenance of a strong national economy and a strong national defense and is vital to the transportation needs of the elderly, handicapped, and the poor; that the statutes governing Federal regulation of the motor bus industry are outdated and must be revised to reflect the future transportation needs and realities; that historically the existing Federal and State regulatory structure has tended in certain circumstances to inhibit market entry, carrier growth, maximum utilization of equipment and energy resources, and opportunities for minorities and others to enter the motor bus industry; that State regulation of the motor bus industry has, in certain circumstances, unreasonably burdened interstate commerce; that overly protective regulation has resulted in operating inefficiencies and diminished price and service competition in the motor bus industry; that the objectives contained in the national transportation policy can best be achieved through greater competition and reduced regulation; that in order to reduce the uncertainty felt by the Nation's motor bus industry and those persons and communities that rely on its services, the Interstate Commerce Commission should be given explicit direction for reduced regulation of the motor bus industry and should do everything within its power to promote competition in the motor bus industry; and that legislative and resulting changes should be implemented without unnecessary disruption to the transportation system consistent with the scope of the reforms enacted. CONGRESSIONAL OVERSIGHT

Hearings. 49 USC 10101 note.

SEC. 4. The appropriate authorizing committees of Congress shall conduct periodic oversight hearings on the effects of this legislation, not less than annually until July 1, 1985, to ensure that this Act is being implemented according to congressional intent and purpose.

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96 STAT. 1103

NATIONAL TRANSPORTATION POLICY

SEC. 5. Subsection (a) of section 10101 of title 49, United States Code, is amended by striking out "and in regulating those modes" and all that follows through the period at the end of such subsection and inserting in lieu thereof the following: "and— "(1) in regulating those modes— "(A) to recognize and preserve the inherent advantage of each mode of transportation; "(B) to promote safe, adequate, economical, and efficient transportation; "(C) to encourage sound economic conditions in transportation, including sound economic conditions among carriers; "(D) to encourage the establishment and maintenance of reasonable rates for transportation, without unreasonable discrimination or unfair or destructive competitive practices; "(E) to cooperate with each State and the officials of each State on transportation matters; and "(F) to encourage fair wages and working conditions in the transportation industry; "(2) in regulating transportation by motor carrier, to promote competitive and efficient transportation services in order to (A) meet the needs of shippers, receivers, passengers, and consumers; (B) allow a variety of quality and price options to meet changing market demands and the diverse requirements of the shipping and traveling public; (C) allow the most productive use of equipment and energy resources; (D) enable efficient and well-managed carriers to earn adequate profits, attract capital, and maintain fair wages and working conditions; (E) provide and maintain service to small communities and small shippers and intrastate bus services; (F) provide and maintain commuter bus operations; (G) improve and maintain a sound, safe, and competitive privately owned motor carrier system; (H) promote greater participation by minorities in the motor carrier system; and (I) promote intermodal transportation; and "(3) in regulating transportation by motor carrier of passengers (A) to cooperate with the States on transportation matters for the purpose of encouraging the States to exercise intrastate regulatory jurisdiction in accordance with the objectives of this subtitle; (B) to provide Federal procedures which ensure that intrastate regulation is exercised in accordance with this subtitle; and (C) to ensure that Federal reform initiatives enacted by the Bus Regulatory Reform Act of 1982 are not nullified by State regulatory actions.". MOTOR CARRIER OF PASSENGERS ENTRY POLICY

SEC. 6. (a) Subsection (a) of section 10922 of title 49, United States Code, is amended (1) by striking out "II or", and (2) by striking out "motor common carrier of passengers or water common carrier, respectively," and inserting in lieu thereof "water common carrier". (b) Section 10922 of title 49, United States Code, is amended by redesignating subsections (c), (d), (e), (f), (g), (h), (i), and (j) (and any references thereto) as subsections (d), (e), (f), (g), (h), (i), (j), and (k),

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Page:United States Statutes at Large Volume 96 Part 1.djvu/1146

 96 STAT. 1104

49 USC 10521.

PUBLIC LAW 97-261—SEPT. 20, 1982

respectively, and by inserting after subsection Oo) the following new subsection: "(c)(1) Except as provided in this section— "(A) The Commission shall issue a certificate to a person authorizing that person to provide regular-route transportation subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title as a motor common carrier of passengers and shall issue a certificate to a recipient of governmental financial assistance for the purchase or operation of buses, or to an operator for such a recipient, authorizing that person to provide transportation subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title as a motor common carrier of passengers, if the Commission finds that the person is fit, willing, and able to provide the transportation to be authorized by the certificate and to comply with this subtitle and regulations of the Commission, unless the Commission finds, on the basis of evidence presented by any person objecting to the issuance of the certificate, that the transportation to be authorized is not consistent with the public interest. "(B) For any application for authority as a motor common carrier of passengers, except an application to which subparagraph (A) of this paragraph applies, the Commission shall issue a certificate to a person authorizing that person to provide transportation subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title as a motor common carrier of passengers if the Commission finds that the person is fit, willing, and able to provide the transportation to be authorized by the certificate and to comply with this subtitle and regulations of the Commission. "(2)(A) The Commission shall issue a certificate to a person authorizing that person to provide regular-route transportation entirely in one State as a motor common carrier of passengers if such intrastate transportation is to be provided on a route over which the carrier has authority on the effective date of this subsection to provide interstate transportation of passengers if the Commission finds that the person is fit, willing, and able to provide the intrastate transportation to be authorized by the certificate and to comply with this subtitle and regulations of the Commission, unless the Commission finds, on the basis of evidence presented by any person objecting to the issuance of the certificate, that the transportation to be authorized would directly compete with a commuter bus operation and it would have a significant adverse effect on commuter bus service in the area in which the competing service will be performed. "(B) The Commission shall issue a certificate to a person authorizing that person to provide regular-route transportation entirely in one State as a motor common carrier of passengers if such intrastate transportation is to be provided on a route over which the carrier has been granted authority, or will be granted authority, after the effective date of this section to provide interstate transportation of passengers if the Commission finds that the person is fit, willing, and able to provide the intrastate transportation to be authorized by the certificate and to comply with this subtitle and regulations of the Commission, unless the Commission finds, on the basis of evidence presented by any person objecting to the issuance of the certificate, that the transportation to be authorized is not consistent with the public interest. "(C) No State or political subdivision thereof and no interstate agency or other political agency of two or more States shall enact or

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enforce any law, rule, regulation, standard or other provision having the force and effect of law relating to the provision of pickup and delivery of express packages, newspapers, or mail in a commercial zone if the shipment has had or will have a prior or subsequent movement by bus in intrastate commerce and if a city within the commercial zone, as defined in section 10526(b)(1) of this title, is served by a motor common carrier of passengers providing regularoute transportation of passengers subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title. "(D) Subject to subparagraph (F) of this paragraph, any intrastate transportation authorized by issuance of a certificate under this paragraph shall be deemed to be transportation subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this subtitle. Upon issuance of such certificate, the carrier shall establish initial rates, rules, and practices applicable to such transportation to the same extent and in the same manner as a motor common carrier of passengers providing transportation subject to the jurisdiction of the Commission under such subchapter establishes rates, rules, and practices applicable to such interstate transportation. Any such rate, rule, or practice (including changes thereto) shall be subject to the provisions of chapter 107 of this subtitle as if such rate, rule, or practice were related to interstate transportation. "(E) Not later than 30 days after the date on which a motor common carrier of passengers first begins providing transportation entirely in one State pursuant to a certificate issued under this paragraph, the carrier shall take all action necessary to establish under the laws of such State rates, rules, and practices applicable to such transportation. "(F) Transportation entirely in one State authorized by issuance of a certificate under this paragraph shall remain subject to the jurisdiction of the Commission, and rates, rules, and practices applicable to such transportation established under subparagraph (D) of this paragraph shall remain in effect, until permanent rates, rules, and practices applicable to such transportation are established under the laws of such State. "(G) The Commission shall take final action upon an application filed under subparagraph (A) of this paragraph for authority to provide transportation entirely in one State not later than 90 days after the date the application is filed with the Commission. "(H) This paragraph shall not apply to any regular-route transportation of passengers provided entirely in one State which is in the nature of a special operation. "(I) Notwithstanding subparagraph (F) of this paragraph, intrastate transportation authorized under this paragraph may be suspended or revoked by the Commission under section 10925 of this title.

49 USC 10526. 49 USC 10521.

49 USC 10701 ^^ ^^^•

49 USC 10925.

"(3) In making any findings relating to public interest under paragraphs (1)(A) and (2)(B) of this subsection, the Commission shall consider, to the extent applicable— "(A) the transportation policy of section 10101(a) of this title; Ante, p. 1103. "(B) the value of competition to the traveling and shipping public; "(C) the effect of issuance of the certificate on motor carrier of passenger service to small communities; and "(D) whether issuance of the certificate would impair* the ability of any other motor common carrier of passengers to

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 96 STAT. 1106

49 USC 10925. Post, p. 1115.

Post, p. 1120.

Post, p. 1108.

Ante, p. 1103.

PUBLIC LAW 97-261—SEPT. 20, 1982

provide a substantial portion of the regular-route passenger service which such carrier provides over its entire regular-route system; except that diversion of revenue or traffic from a motor common carrier of passengers in and of itself shall not be sufficient to support a finding that issuance of the certificate would impair the ability of the carrier to provide a substantial portion of the regular-route passenger service which the carrier provides over its entire regular-route system. "(4) The provisions of paragraph (1) of this subsection relating to the Commission finding that transportation to be authorized by issuance of a certificate is not consistent with the public interest shall not apply to any application under this subsection for authority to provide— "(A) interstate transportation service to any community not regularly served by a motor common carrier of passengers under this section; "(B) interstate transportation service which will be a substitute for discontinued rail or commercial-air passenger service to a community if such discontinuance results in such community not having any rail and commercial-air passenger service and if such application is filed within 180 days after such discontinuance becomes effective; and "(C) interstate transportation service to any community with respect to which the only motor common carrier of passengers providing interstate transportation service to such community applies for authority to discontinue providing such interstate service under section 10925(b) of this subchapter or applies for permission to discontinue or reduce its level of intrastate service to such community under section 10935 of this subchapter. "(5) The Commission may not make any finding under paragraphs (1) and (2) of this subsection which is based upon general findings developed in rulemaking proceedings. "(6) The requirement that persons issued certificates under this subsection be fit, willing, and able means safety fitness and proof of minimum financial responsibility under section 18 of the Bus Regulatory Reform Act of 1982. "(7) No motor common carrier of passengers may protest an application to provide transportation filed under this subsection or a request to remove an operating restriction under section 10922(i)(4) of this title unless— "(A)(i) it possesses authority to handle, in whole or in part, the traffic for which authority is applied; "(ii) it is willing and able to provide service that meets the reasonable needs of the traveling public; and "(iii) it has performed service within the scope of the application during the previous 12-month period or has, actively in good faith, solicited service within the scope of the application during such period; "(B) it has pending before the Commission an application filed prior in time to the application being considered for substantially the same traffic; or "(C) the Commission grants leave to intervene upon a showing of other interests that are not contrary to the transportation policy set forth in section 10101(a) of this title. "(8) No motor contract carrier of passengers may protest an application to provide transportation filed under this subsection.

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96 STAT. 1107

"(9) For purposes of this section, authority under this subsection to provide special or charter transportation of passengers by motor vehicle includes authority to provide such transportation as roundtrip service and as one-way service if such one-way service may be provided as part of a round-trip movement involving the same passengers and air, rail, or water transportation or any combination of air, rail, or water transportation.". (c) Paragraph (4) of subsection (e) of section 10922 of title 49, United States Code, as redesignated by subsection (b) of this section, is amended to read as follows: "(4) A certificate of a motor common carrier to transport passengers shall be deemed to include permissive authority to transport newspapers, baggage of passengers, express packages, or mail in the same motor vehicle with the passengers, or baggage of passengers in a separate motor vehicle.". (d)(1) Section 10102 of title 49, United States Code, is amended by redesignating paragraphs (5) through (29), and any references thereto, as paragraphs (6) through (30), respectively, and by inserting after paragraph (4) the following new paragraph: "(5) 'commuter bus operations' means short-haul regularly scheduled passenger service provided by motor vehicle in metropolitan and suburban areas, whether within or across the geographical boundaries of a State, and utilized primarily by passengers using reduced-fare, multiple-ride, or commutation tickets during morning and evening peak period operations.". (2) Section 11711(f) of such title is amended by striking out "10102(10)(A)" and inserting in lieu thereof "10102(11XA)". (3) Section 250(a)(l) of the Internal Revenue Code of 1954 is amended by striking out "10102(18)" and inserting in lieu thereof "10102(19)". (4)(A) Section 5201(5) of title 39, United States Code, is amended by striking out "10102(12)" and inserting in lieu thereof "10102(13). (B) Section 5201(6) of title 39, United States Code, is amended by striking out "10102(7)" and inserting in lieu thereof "10102(8) of title 49". (e) Section 10322(a) of title 49, United States Code, is amended— (1) by inserting "10708(f)," immediately after "10708(b),"; (2) by striking out "10922(h)(2)" and inserting in lieu thereof "10922(i)(2), 10922(i)(4)"; and (3) by adding at the end thereof the following new sentence: "In addition, the deadlines set forth in this section do not apply to any application filed under section 10922(c)(2)(A) of this subtitle for authority to provide regular-route transportation entirely in one State as a motor common carrier of passengers.". (f) Section 10521(b) of title 49, United States Code, is amended— (1) in clause (1) by inserting "except as provided in sections 10922(c)(2), 10935, and 11501(e) of this title,'^immediately before "affect"; (2) in clause (2) by inserting "except as provided in sections 10922(c)(2) and 11501(e)," immediately before "authorize"; and (3) in clause (3) by inserting "except as provided in section 10922(c)(2) of this title," immediately before '^allow". (g) Section 10922 of title 49, United States Code, is amended by adding at the end thereof the following new subsection: "(1)(1) Except as provided in paragraph (2) of this subsection, the Commission, notwithstanding any other provision of law (other than such paragraph (2)), shall not issue any certificate to any motor

"Commuter bus operations.'

49 USC 11711. 26 USC 250.

Post, p. 1108.

Ante, p. 1103.

Ante, p. 1103, post, pp. 1115, 1117.

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PUBLIC LAW 97-261—SEPT. 20, 1982

common carrier, or any permit to any motor contract cairier, domiciled in any contiguous foreign country or owned or controlled by persons of any contiguous foreign country in the two-year period beginning on the effective date of this subsection. The President of the United States may extend, beyond such two-year period, such moratorium with respect to any contiguous foreign country or political subdivision thereof which substantially prohibits grants of authority to persons from the United States to provide transportation by motor vehicle for compensation in such foreign country or political subdivision. "(2) The President of the United States may remove or modify, in whole or in part, any moratorium imposed under paragraph (1) of this subsection on the issuance of certificates or permits if the President determines that such removal or modification is in the national interest and notifies, in writing, the Congress of such removal or modification before the date on which such removal or modification is to take effect. In any case in which such moratorium applies to a contiguous foreign country or political subdivision thereof which substantially prohibits grants of authority to persons from the United States to provide transportation by motor vehicle for compensation in such foreign country or political subdivision, such removal or modification shall not take effect before the 60th day following the date on which the Congress is notified of such removal or modification.". RESTRICTION REMOVAL

SEC. 7. Section 10922(i) of title 49, United States Code, as redesignated by section 6Q)) of this Act, is amended by adding at the end thereof the following new paragraphs: "(3) On the effective date of this paragraph, a certificate to provide interstate transportation of passengers issued under this section shall be deemed to authorize (but not require)— "(A) round-trip operations where only one-way authority exists; and "(B) special and charter transportation from all points in a political subdivision of a State in any case in which special and charter transportation authority is limited to one or more points of origin in such political subdivision. "(4) Upon request of any person issued a certificate to provide interstate transportation of passengers under this section, the Commission shall within 90 days remove any operating restriction imposed on the certificate in order to authorize interstate transportation to intermediate points on any route covered by the certificate unless the Commission finds, on the basis of evidence presented by a person objecting to the removal of such an operating restriction, that the resulting interstate transportation directly competes with a commuter bus operation and will have a significant adverse effect on commuter bus service in the area in which the competing service will be provided.". MIXING OF REGULAR AND CHARTER PASSENGERS

SEC. 8. Subsection (j) of section 10922 of title 49, United States Code, as redesignated by section 6(b) of this Act, is amended by redesignating clauses (1) and (2) as clauses (A) and (B), respectively.

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by inserting "(1)" before "A person holding", and by adding at the end of such subsection the following new paragraphs: "(2)(A) Subject to the provisions of this paragraph, a motor common carrier of passengers who has authority under this section to provide special or charter transportation of passengers and to provide regular-route transportation of passengers may transport the special or charter passengers in the same motor vehicle with regular-route passengers. "(B) Subparagraph (A) of this paragraph shall only apply to transportation of passengers entirely in a State if the motor common carrier of passengers has authority under the laws of such State to provide within such State special or charter transportation of passengers and regular-route transportation of passengers and if the laws of such State and the certificate, permit, or other authority under which such carrier provides intrastate transportation in such State authorizes such carrier to transport special or charter passengers in the same motor vehicle with regular-route passengers. "(C) Special or charter transportation of passengers may only be provided under subparagraph (A) of this paragraph in the same motor vehicle as regular-route transportation of passengers if the mixing of such passengers does not interfere with the obligation of the carrier to comply with section 11101 of this subtitle. 49 USC lllOl. "(3) Subject to such regulations as the Commission may issue, a person who has authority under this section to provide charter transportation of passengers may transport groups of charter passengers in the same motor vehicle at the same time.". RULE OF RATEMAKING

SEC. 9. (a) Section 10701(e) of title 49, United States Code, is amended by striking out "of property" each place it appears. (b) Section 10704(b)(2)(B) of title 49, United States Code, is amended by striking out "of property". RATE BUREAUS

SEC. 10. (a) Paragraphs (1) and (2) of section 10706(b) of title 49, United States Code, are amended by striking out "of property" each place it appears. (b)(1) Section 10706(b)(3)(B)(i) of title 49, United States Code, is amended by striking out "and (D)" and inserting in lieu thereof ", (D), (E), and (F)". (2) Section 10706(b)(3)(B)(iii) of title 49, United States Code, is amended by striking out "of property". (3) Section 10706(b)(3)(D) of title 49, United States Code, is amended by inserting after the first sentence the following new sentence: "This subparagraph shall not apply to any single-line rate proposed by a motor common carrier of passengers.'. (4) Section 10706(b)(3) of title 49, United States Code, is amended by redesignating subparagraphs (E) and (F), and any references thereto, as subparagraphs (G) and (H), respectively, and by inserting after subparagraph (D) the following new subparagraphs: "(E) On and after January 1, 1983, no agreement approved under this subsection may provide for discussion of or voting upon any single-line rate proposed by a motor common carrier of passengers. On and after January 1, 1984, no agreement approved under this subsection may provide for discussion of or

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Page:United States Statutes at Large Volume 96 Part 1.djvu/1152

 96 STAT. 1110

Regulations, effective date.

49 USC 10706 note. Collective ratemaking process; investigation and study.

PUBLIC LAW 97-261—SEPT. 20, 1982

voting upon any joint rate proposed by one or more motor common carriers of passengers. This subparagraph shall not apply to any rate applicable to special or charter transportation. This subparagraph and subparagraph (B)(i)(II) of this paragraph shall not apply to the following: "(i) any general rate increase or decrease, broad change in tariff structure, or promotional or innovative fare change, as defined by the Commission and subject to such notice requirements, as the Commission may specify by regulation, if discussion of such general increase or decrease is limited to industry average carrier costs and intermodal competitive factors and does not include discussion of individual markets or particular single-line rates or joint rates; and "(ii) publishing of tariffs^ filing of independent actions for individual member carriers, providing of support services for members, and changes in rules or regulations which are of at least substantially general application throughout the area in which such changes will apply. "(F) After the effective date of this subparagraph, no agreement approved under this subsection may provide for discussion of or voting upon any rate applicable to special or charter transportation proposed by a motor common carrier of passengers. This subparagraph shall not apply to publication of any such rate.". (c) Subsection (b) of section 10706 of title 49, United States Code, is amended by adding at the end thereof the following new paragraph: "(5) Notwithstanding any other provision of this subtitle (other than paragraph (3)(F) of this subsection, relating to special and charter transportation of passengers), before January 1, 1983, the Commission may not take any action which would, on the basis of the type of carrier service involved (including service by carriers singly or in combination with other carriers), result in the exclusion of one or more motor common carriers of passengers from discussion or voting under agreements authorized by this subsection on matters concerning rates, allowances, or divisions, except that before January 1, 1983, the Commission may issue regulations which take effect on or after January 1, 1983, to carry out the provisions of paragraph (3)(E) of this subsection.". (d) The first sentence of section 10706(c) of title 49, United States Code, is amended by striking out "of property". (e)(1) Paragraph (2) of section 14(b) of the Motor Carrier Act of 1980 (Public Law 96-296; 94 Stat. 806) is amended to read as follows: "(2)(A) The Study Commission shall make (i) a full and complete investigation and study of the collective ratemaking process for all rates of motor common carriers of property and upon the need or lack of need for continued antitrust immunity therefor, and (ii) a full and complete investigation and study of the collective ratemaking process for general rate changes, innovative fare changes, and broad changes in tariff structure of motor common carriers of passengers and upon the need or lack of need for antitrust immunity therefor. The Study Commission may study the collective ratemaking process for single-line or joint-line rates of motor common carriers of passengers. Each such study shall estimate the impact of the elimination of such immunity upon rate levels and rate structures and describe the impact of the elimination of such immunity upon the Interstate Commerce Commission and its staff. Each such

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study shall give special consideration to the effect of the elimination of such immunity upon rural areas and small communities. "(B) The Study Commission shall make a full and complete investigation and study of the impact of implementation of the Bus Regulatory Reform Act of 1982 on persons over the age of 60, including those who reside in rural areas and small communities. In particular, the Study Commission shall investigate and study the effect on such persons of the potential termination of routes as a result of implementation of the Bus Regulatory Reform Act of 1982. In making the study required by this subparagraph, the Study Commission shall provide for notice and the opportunity for interested parties to comment, but need not provide for oral evidentiary hearings. In addition, the Study Commission shall consider the impact of both statutory and administrative regulatory reforms on the continuation and development of high quality intrastate motor bus services. Such study shall focus on the impact on existing firms currently providing service, some or all of which is conducted between points wholly within a single State. The Study Commission shall present its conclusions in its final report. Prior to such final report, if the Study Commission finds the existence of conditions that jeopardize the viability of continued intrsistate services, it shall immediately notify the Congress and the Interstate Commerce Commission of its findings. If such notice is presented to the Interstate Commerce Commission, it shall give expedited treatment to whatever recommendations are made. The mandate to study the impact on intrastate bus transportation shall be an on-going one throughout the duration of the Study Commission's existence.'. (2) Paragraph (3) of section 14(b) of the Motor Carrier Act of 1980 (Public Law 96-296; 94 Stat. 806) is amended— (A) by striking out "ten members" and inserting in lieu thereof "fourteen members"; (B) by striking out "and" at the end of clause (B); and (C) by striking out the period at the end of such paragraph and inserting in lieu thereof "; and"; and (D) by adding at the end of such paragraph the following: "(D) four members of the public appointed by the President, one who is a motor common carrier of passengers receiving $3,000,000 or more per year in revenues from motor common carrier of passengers operations, one who is a motor common carrier of passengers receiving less than $3,000,000 per year in revenues from motor common carrier of passengers operations, and two who are not affiliated with the motor common carrier industry. No member of the Study Commission who is appointed under clause (C) of this paragraph shall vote on any matter before the Study Commission related to motor common carriers of passengers, and no member of the Study Commission who is appointed under clause (D) of this paragraph shall vote on any matter before the Study Commission related to motor common carriers of property.". (3) Paragraph (4) of section 140t)) of the Motor Carrier Act of 1980 (Public Law 96-296; 94 Stat. 806) is amended by striking out the first 2 sentences and inserting in lieu thereof the following: "(4) The Study Commission shall submit to the President and the Congress its final report on the collective ratemaking process applicable to motor common carriers of property not later than January 1, 1983, and its final report on the collective ratemaking process applicable to motor common carriers of passengers not later than

97-200 O—84—pt. 1

37: QL3

Persons over 60, investigation and study.

Notice and hearing.

49 USC 10706 note.

49 USC 10706 note. Reports to President and Congress.

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 96 STAT. 1112 Reports.

Termination. 49 USC 10706 note. 49 USC 10706 note.

PUBLIC LAW 97-261—SEPT. 20, 1982

January 1, 1984. The Study Commission shall, not later than January 1, 1984, submit to the President and the Congress the report required by paragraph (2)(B) of this subsection. Such reports shall include, but not be limited to, the findings and recommendations of the Study Commission. The Study Commission shall cease to exist 6 months after submission of the last of such reports.". (4) Paragraph (12) of section 14(b) of the Motor Carrier Act of 1980 (Public Law 96-296; 94 Stat. 808) is amended by striking "$3,000,000" and inserting in lieu thereof "$4,000,000". (f) Any organization established pursuant to an agreement entered into by motor common carriers of passengers and approved by the Commission prior to the effective date of this subsection under section 10706(c) of title 49, United States Code, may continue to function pursuant to such agreement until a new or amended agreement is finally disposed of by the Commission under section 10706 of title 49, United States Code, as amended by this section, so long as (1) such new or amended agreement is submitted to the Commission for approval within 120 days of such effective date, and (2) such organization complies with this section (including amendments made by this section and regulations issued under such amendments) during the period such new or amended agreement is being prepared, submitted to, and considered by the Commission. ZONE OF RATE FREEDOM

SEC. 11. (a) Subsection (d) of section 10708 of title 49, United States Code, is amended by redesignating paragraph (4) of such subsection, and any references thereto, as paragraph (6) and inserting after paragraph (3) the following new paragraphs: "(4) Notwithstanding any other provision of this title, the Commission may not investigate, suspend, revise, or revoke any single-line rate proposed by a motor common carrier of passengers, or joint rate proposed by one or more such carriers, applicable to any transportation (other than special or charter transportation) on the grounds that such rate is unreasonable on the basis that it is too high or too low if— "(A) the carrier or carriers notify the Commission that they wish to have the rate considered pursuant to this subsection; and "(B) the aggregate of increases and decreases in any such rate is not more than 10 percent above the rate in effect one year prior to the effective date of the proposed rate, nor more than 20 percent below the lesser of the rate in effect on the effective date of this paragraph (or, in case of any rate which the carrier or carriers first establish after such date for a service not provided by the carrier or carriers on such date, such rate on the date such rate first becomes effective), or the rate in effect one year prior to the effective date of the proposed rate. "(5) One year after the effective date of this paragraph, the first and second percentages specified in paragraph (4)(B) of this subsection shall change to 15 percent and 25 percent, respectively. Two years after the effective date, the first and second percentages specified in paragraph (4)(B) of this subsection shall change to 20 percent and 30 percent, respectively.". (b) Paragraph (6) of section 10708(d) of title 49, United States Code, as redesignated by subsection (a) of this section, is amended by inserting after the first sentence the following new sentence: "Evi-

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