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 PUBLIC LAW 98-435—SEPT. 28, 1984

98 STAT. 1679

SELECTION OF REGISTRATION FACILITIES

SEC. 4. (a) Each State or political subdivision responsible for registration for Federal elections shall provide a reasonable number of accessible permanent registration facilities. (b) Subsection (a) does not apply to any State that has in effect a system that provides an opportunity for each potential voter to register by mail or at the residence of such voter.

42 USC

1973ee-2.

REGISTRATION AND VOTING AIDS

SEC. 5. (a) Each State shall make available registration and voting aids for Federal elections for handicapped and elderly individuals, including— (1) instructions, printed in large type, conspicuously displayed at each permanent registration facility and each polling place; and (2) information by telecommunications devices for the deaf. (b) No notarization or medical certification shall be required of a handicapped voter with respect to an absentee ballot or an application for such ballot, except that medical certification may be required when the certification establishes eligibility, under State law— (1) to automatically receive an application or a ballot on a continuing basis; or (2) to apply for an absentee ballot after the deadline has passed. (c) The chief election officer of each State shall provide public notice, calculated to reach elderly and handicapped voters, of the availability of aids under this section, assistance under section 208 of the Voting Rights Act of 1965 (42 U.S.C. 1973aa-6), and the procedures for voting by absentee ballot, not later than general public notice of registration and voting is provided.

42 USC

1973ee-3.

Absentee ballot.

Public information.

ENFORCEMENT

SEC. 6. (a) If a State or political subdivision does not comply with 42 USC this Act, the United States Attorney General or a person who is 1973ee-4. personally aggrieved by the noncompliance may bring an action for declaratory or injunctive relief in the appropriate district court. (b) An action may be brought under this section only if the plaintiff notifies the chief election officer of the State of the noncompliance and a period of 45 days has elapsed since the date of notification. (c) Notwithstanding any other provision of law, no award of attorney fees may be made with respect to an action under this section, except in any action brought to enforce the original judgment of the court. RELATIONSHIP TO VOTING RIGHTS ACT OF 1965

SEC. 7. This Act shall not be construed to impair any right 42 USC guaranteed by the Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.). 1973ee-5. DEFINITIONS

SEC. 8. As used in this Act, the term—

42 USC 1973ee-6.

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 98 STAT. 1680

PUBLIC LAW 98-435—SEPT. 28, 1984 (1) "accessible" means accessible to handicapped and elderly individuals for the purpose of voting or registration, as determined under guidelines established by the chief election officer of the State involved; (2) "elderly" means 65 years of age or older; (3) "Federal election" means a general, special, primary, or runoff election for the office of President or Vice President, or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress; (4) "handicapped" means having a temporary or permanent physical disability; and (5) "State" means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possesssion of the United States. EFFECTIVE DATE

42 USC 1973ee note.

SEC. 9. This Act shall apply with respect to elections taking place after December 31, 1985. Approved September 28, 1984..

LEGISLATIVE HISTORY—H.R. 1250: HOUSE REPORT No. 98-852 (Comm. on House Administration). SENATE REPORT No. 98-590 (Comm. on Rules and Administration). CONGRESSIONAL RECORD, Vol. 130 (1984): June 25, considered and passed House. Aug. 10, considered and passed Senate, amended. Sept. 12, House concurred in Senate amendments.

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


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Page:United States Statutes at Large Volume 98 Part 2.djvu/521

 PUBLIC LAW 98-436—SEPT. 28, 1984

98 STAT. 1681

Public Law 98-436 98th Congress Joint Resolution To designate the month of October 1984 as "National Quality Month".

Whereas the United States has been preeminent in quality technology development since the Industrial Revolution; Whereas the performance and spirit that typified early American craftsmen was based on individual interest in quality of goods and service; Whereas the pride of workmanship that once prevailed must be reinforced through a renewed commitment to quality and knowledge of quality technology in more complex contemporary industrial, commercial, and governmental organizations; Whereas American goods and services represent the highest standards of excellence in quality; Whereas the strength of the Nation relies on the ability of industry to produce quality goods and services; Whereas the United States must produce high quality goods and services to maintain a position of leadership in the world marketplace; Whereas the commitment to quality involves recognition and implementation of a consistent quality policy, the use of quality technology, and utilization of talents throughout an organization toward quality improvement; Whereas the emphasis on quality in manufacturing and service will increase productivity through emphasis on defect prevention, waste reduction, and improved reliability of products and services; Whereas the White House Conference on Productivity Report of the Preparatory Conference on Private Sector Initiatives recommended that a quality awareness campaign be implemented at the national level and within the private sector to demonstrate that rapid improvement in quality and productivity is essential to the survival of the national economy; Whereas the American Society for Quality Control has been a leader in the development, promotion and application of quality and quality related technology since 1946; Whereas the American Society for Quality Control is engaged in a campaign to convince officials in government and industry that increased productivity, reduced costs, and consumer satisfaction will result from commitment to improved quality standards;

Sept. 28, 1984 [S.J. Res. 304]

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 98 STAT. 1682

PUBLIC LAW 98-436—SEPT. 28, 1984

Whereas the American Society for Quality Control will sponsor activities to observe National Quality Week; and Whereas the theme of National Quality Week will be "Quality First" to emphasize that quality is an integral part of the processes that produce goods and services: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the month of October 1984, is designated as "National Quality Month" and the President is authorized and requested to issue a proclamation calling upon the people of the United States to observe such month with appropriate programs and activities. Approved September 28, 1984.

LEGISLATIVE HISTORY—S.J. Res. 304: CONGRESSIONAL RECORD, Vol. 130 (1984): Sept. 17, considered and passed Senate. Sept. 20, considered and passed' House.

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 PUBLIC LAW 98-437—SEPT. 28, 1984

98 STAT. 1683

Public Law 98-437 98th Congress Joint Resolution To designate the month of October 1984 as "National Down's Syndrome Month".

Whereas the past decade has brought a greater and more enhghtened attitude in the care and training of the developmentally disabled; Whereas one such condition which has undergone considerable reevaluation is that of Down's syndrome—a problem which, just a short time ago, was often stigmatized as a mentally retarded condition which relegated its victims to lives of passivity in institutions and back rooms; Whereas, through the efforts of concerned physicians, teachers and parent groups such as the National Down's Syndrome Congress, programs are being put in place to educate new parents of babies with Down's syndrome; to develop special education classes within mainstreamed programs in schools; the provision for vocational training in preparation for competitive employment in the work force and to prepare young adults with Down's syndrome for independent living in the community; Whereas the cost of such services designed to help individuals with Down's syndrome move into their rightful place in our society is but a tiny fraction of the cost of institutionalization; Whereas along with this improvement in educational opportunities for those with Down's syndrome is the advancement in medical science which is adding to a more brightened outlook for individuals born with this chromosomal configuration; and Whereas public awareness and acceptance of the capabilities of children with Down's syndrome can greatly facilitate their being mainstreamed in our society: Now, therefore, be it

Sept. 28, 1984 [S.J. Res. 254]

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 98 STAT. 1684

PUBLIC LAW 98-437—SEPT. 28, 1984

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That October 1984 is designated "National Down's Syndrome Month" and that the President of the United States is authorized and requested to issue a proclamation calling upon the people of the United States to observe the designated month with appropriate programs, ceremonies and activities. Approved September 28, 1984.

LEGISLATIVE HISTORY—S.J. Res. 254: CONGRESSIONAL RECORD, Vol. 130 (1984): May 22, considered and passed Senate. Sept. 12, considered and passed House.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/525

 PUBLIC LAW 98-438—SEPT. 28, 1984

98 STAT. 1685

Public Law 98-438 98th Congress Joint Resolution Designating the week beginning November 11, 1984, as "National Women Veterans Recognition Week".

Whereas there are more than one million one hundred thousand women veterans in this country, representing 4.1 per centum of the total veteran population; Whereas the number and proportion of women veterans will continue to grow as the number and proportion of women serving in the Armed Forces continue to increase; Whereas women veterans through honorable military service often involving hardship and danger have contributed greatly to our national security; Whereas the contributions and sacrifices of women veterans on behalf of this Nation have not been adequately recognized; Whereas this lack of recognition has denied women veterans the public appreciation and praise they deserve; Whereas the special needs of women veterans, especially in the area of health care, have often been overlooked or inadequately addressed by the Federal Government; Whereas this lack of attention to the special needs of women veterans has discouraged or prevented women veterans from taking full advantage of the benefits and services to which they are entitled as veterans of the United States Armed Forces; and Whereas recognition of women veterans by the Congress and the President through enactment of legislation declaring the week beginning on November 11, 1984, as "National Women Veterans Recognition Week" would serve to create greater public awareness and recognition of the contributions of women veterans, to express the Nation's appreciation for their service, and to inspire more responsive care and services for women veterans: Now, therefore, be it

Sept. 28, 1984 [S.j. Res. 227]

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Page:United States Statutes at Large Volume 98 Part 2.djvu/526

 98 STAT. 1686

PUBLIC LAW 98-438—SEPT. 28, 1984

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the week beginning on November 11, 1984, is designated "National Women Veterans Recognition Week". The President is requested to issue a proclamation calling upon all citizens, community leaders, interested organizations, and government officials to observe that week with appropriate programs, ceremonies, and activities. Approved September 28, 1984.

LEGISLATIVE HISTORY—S.J. Res. 227: CONGRESSIONAL RECORD, Vol. 130 (1984): Apr. 25, considered and passed Senate. Sept. 12, considered and passed House.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/527

 PUBLIC LAW 98-439—SEPT. 28, 1984

98 STAT. 1687

Public Law 98-439 98th Congress An Act To authorize a land conveyance from the Department of Agriculture to Payson, Arizona.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, notwithstanding any other provision of law, the Secretary of Agriculture is authorized to transfer, without consideration, to the town of Payson, Arizona, the following described parcel: A parcel of land entirely within the south half of the southeast quarter of the southeast quarter of the southeast quarter, of section 5, township 10 north, range 10 east, Gila and Salt River base and meridian, Payson, Gila County, Arizona, more particularly described as follows: commencing at the common corner of sections 4, 5, 8, and 9, township 10 north, range 10 east, Gila and Salt River base and meridian; thence north 89 degrees 56 minutes west, along the south line of section 5, a distance of 164.47 feet to the true pbint of beginning; thence continuing north 89 degrees 56 minutes west, along the south line of section 5, a distance of 337.13 feet; thence north 13 degrees 33 minutes 08 seconds east, a distance of 223.16 feet, to a point on the south right-of-way line of West Main Street; thence south 74 degrees 10 minutes 23 seconds east, along the south right-of-way line of West Main Street, a distance of 145.02 feet; thence south 43 degrees 09 minutes east, along the south right-of-way line of West Main Street, a distance of 243.72 feet; thence north 89 degrees 56 minutes west, along the south right-of-way line of West Main Street, a distance of 21.36 feet, to the true point of beginning. The above described parcel of land contains 1.10 acres, more or less.

Sept. 28, 1984 [S. 598]

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Page:United States Statutes at Large Volume 98 Part 2.djvu/528

 98 STAT. 1688 Historic preservation.

PUBLIC LAW 98-439—SEPT. 28, 1984

SEC. 2. (a) The property described in the first section shall be used JQ,. ^jjg preservation and display of articles of historical significance. If the property is not used for historical purposes, title to such property shall revert to the United States, (b) Subject to the use restrictions provided in subsection (a), the town of Payson, Arizona, may provide for the administration of the property by the Northern Gila County Historical Society. Approved September 28, 1984.

LEGISLATIVE HISTORY—S. 598: SENATE REPORT No. 98-555 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 130 (1984): Aug. 9, considered and passed Senate. Sept. 17, considered and passed House.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/529

 PUBLIC LAW 98-440—OCT. 3, 1984

98 STAT. 1689

Public Law 98-440 98th Congress An Act To amend the Securities Exchange Act of 1934 with respect to the treatment of mortgage backed securities, to increase the authority of the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Secondary Mortgage Market Enhancement Act of 1984". TITLE I—SECURITIES LAWS AMENDMENTS MORTGAGE RELATED SECURITY

SEC. 101. Section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)) is amended by adding the following new paragraph at the end thereof: "(41) The term 'mortgage related security' means a security that is rated in one of the two highest rating categories by at least one nationally recognized statistical rating organization, and either: "(A) represents ownership of one or more promissory notes or certificates of interest or participation in such notes (including any rights designed to assure servicing of, or the receipt or timeliness of receipt by the holders of such notes, certificates, or participations of amounts payable under, such notes, certificates, or participations), which notes: "(i) are directly secured by a first lien on a single parcel of real estate, including stock allocated to a dwelling unit in a residential cooperative housing corporation, upon which is located a dwelling or mixed residential and commercial structure, or on a residential manufactured home as defined in section 603(6) of the National Manufactured Housing Construction and Safety Standards Act of 1974, whether such manufactured home is considered real or personal property under the laws of the State in which it is to be located; and "(ii) were originated by a savings and loan association, savings bank, commercial bank, credit union, insurance company, or similar institution which is supervised and examined by a Federal or State authority, or by a mortgagee approved by the Secretary of Housing and Urban Development pursuant to sections 203 and 211 of the National Housing Act, or, where such notes involve a lien on the manufactured home, by any such institution or by any financial institution approved for insurance by the Secretary of Housing and

Oct. 3, 1984 [S. 2040]

Secondary Mortgage Market Enhancement Act of 1984. 12 USC 1701 note. Banks and banking. Real property. Personal property.

42 USC 5402.

12 USC 1709, 1715b.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/530

 98 STAT. 1690 12 USC 1703.

PUBLIC LAW 98-440—OCT. 3, 1984 Urban Development pursuant to section 2 of the National Housing Act; or "(B) is secured by one or more promissory notes or certificates of interest or participations in such notes (with or without recourse to the issuer thereof) and, by its terms, provides for payments of principal in relation to payments, or reasonable projections of payments, on notes meeting the requirements of subparagraphs (A)(i) and (ii) or certificates of interest or participations in promissory notes meeting such requirements. For the purpose of this paragraph, the term 'promissory note', when used in connection with a manufactured home, shall also include a loan, advance, or credit sale as evidence by a retail installment sales contract or other instrument.". APPLICABILITY OF MARGIN REQUIREMENTS

Credit. Prohibition.

SEC. 102. Section 7 of the Securities Exchange Act of 1934 (15 U.S.C. 78g) is amended by adding the following new subsection at the end thereof: "(g) Subject to such rules and regulations as the Board of Governors of the Federal Reserve System may adopt in the public interest and for the protection of investors, no member of a national securities exchange or broker or dealer shall be deemed to have extended or maintained credit or arranged for the extension or maintenance of credit for the purpose of purchasing a security, within the meaning of this section, by reason of a bona fide agreement for delayed delivery of a mortgage related security against full payment of the purchase price thereof upon such delivery within one hundred and eighty days after the purchase, or within such shorter period as the Board of Governors of the Federal Reserve System may prescribe by rule or regulation.". BORROWING IN THE COURSE OF BUSINESS

Prohibition.

SEC, 103. Section 8(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78h(a)) is amended by adding the following new sentence at the end thereof: "Subject to such rules and regulations as the Board of Governors of the Federal Reserve System may adopt in the public interest and for the protection of investors, no person shall be deemed to have borrowed within the ordinary course of business, within the meaning of this subsection, by reason of a bona fide agreement for delayed delivery of a mortgage related security against full payment of the purchase price thereof upon such delivery within one hundred and eighty days after the purchase, or within such shorter period as the Board of Governors of the Federal Reserve System may prescribe by rule or regulation.". MORTGAGE RELATED SECURITIES AS COLLATERAL

SEC. 104. Section 11(d)(1) of the Securities Exchange Act of 1934 (15 U.S.C. 78k(d)(l)) is amended by— (1) inserting "(i)" between " o f and "any"; and (2) inserting the following immediately after "thirty-five days after such purchase": "or (ii) any mortgage related security against full payment of the entire purchase price thereof upon such delivery within one hundred and eighty days after such

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Page:United States Statutes at Large Volume 98 Part 2.djvu/531

 PUBLIC LAW 98-440—OCT. 3, 1984

98 STAT. 1691

purchase, or within such shorter period as the Commission may prescribe by rule or regulation". INVESTMENT BY DEPOSITORY INSTITUTIONS

SEC. 105. (a) Section 5(c)(1) of the Home Owner's Loan Act of 1933 (12 U.S.C. 1464(c)(1)) is amended by adding at the end thereof the following: "(S) MORTGAGE BACKED SECURITIES.—Investments in securities that— "(i) are offered and sold pursuant to section 4(5) of the Securities Act of 1933 (15 U.S.C. 77d(5)); or "(ii) are mortgage related securities (as that term is defined in section 3(a)(41) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(41))), subject to such regulations as the Board may prescribe, including regulations prescribing minimum size of the issue (at the time of initial distribution) or minimum aggregate sales prices, or both.". (b) Section 107 of the Federal Credit Union Act (12 U.S.C. 1757) is amended— (1) by redesignating paragraph (15) as paragraph (16); and (2) by inserting after paragraph (14) the following: "(15) to invest in securities that— "(A) are offered and sold pursuant to section 4(5) of the Securities Act of 1933 (15 U.S.C. 77d(5)); or "(B) are mortgage related securities (as that term is defined in section 3(a)(41) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(41))), subject to such regulations as the Board may prescribe, including regulations prescribing minimum size of the issue (at the time of initial distribution) or minimum aggregate sales prices, or both;". (c) Section 5136 of the Revised Statutes (12 U.S.C. 24) is amended by adding at the end of paragraph Seventh the following: "The limitations and restrictions contained in this paragraph as to an association purchasing for its own account investment securities shall not apply to securities that (A) are offered and sold pursuant to section 4(5) of the Securities Act of 1933 (15 U.S.C. 77d(5)); or (B) are mortgage related securities (as that term is defined in section 3(a)(41) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(41))), subject to such regulations as the Comptroller of the Currency may prescribe, including regulations prescribing minimum size of the issue (at the time of initial distribution) or minimum aggregate sales prices, or both.".

Ante, p. 1689.

PREEMPTION O F STATE LAW

SEC. 106. (a)(1) Any person, trust, corporation, partnership, association, business trust, or business entity created pursuant to or existing under the laws of the United States or any State shall be authorized to purchase, hold, and invest in securities that are— (A) offered and sold pursuant to section 4(5) of the Securities Act of 1933, (B) mortgage related securities (as that term is defined in section 3(a)(41) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(41))), or

15 USC 77r-l.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/532

 98 STAT. 1692

15 USC lid. Ante, p. 1689.

Prohibitions.

Exemption.

PUBLIC LAW 98-440—OCT. 3, 1984

(C) securities issued or guaranteed by the Federal Home Loan Mortgage Corporation or the Federal National Mortgage Association, to the same extent that such person, trust, corporation, partnership, association, business trust, or business entity is authorized under any applicable law to purchase, hold or invest in obligations issued by or guaranteed as to principal and interest by the United States or any agency or instrumentality thereof. (2) Where State law limits the purchase, holding, or investment in obligations issued by the United States by such a person, trust, corporation, partnership, association, business trust, or business entity, such securities that are— (A) offered and sold pursuant to section 4(5) of the Securities Act of 1933, (B) mortgage related securities (as that term is defined in section 3(a)(41) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(41))), or (C) securities issued or guaranteed by the Federal Home Loan Mortgage Corporation or the Federal National Mortgage Association, shall be considered to be obligations issued by the United States for purposes of the limitation. (b) The provisions of subsection (a) shall not apply with respect to a particular person, trust, corporation, partnership, association, business trust, or business entity or class thereof in any State that, prior to the expiration of seven years after the date of the enactment of this Act, enacts a statute that specifically refers to this section and either prohibits or provides for a more limited authority to purchase, hold, or invest in such securities by any person, trust, corporation, partnership, association, business trust, or business entity or class thereof than is provided in subsection (a). The enactment by any State of any statute of the type described in the preceding sentence shall not affect the validity of any contractual commitment to purchase, hold, or invest that was made prior thereto and shall not require the sale or other disposition of any securities acquired prior thereto. (c) Any securities that are offered and sold pursuant to section 4(5) of the Securities Act of 1933 or that are mortgage related securities (as that term is defined in section 3(a)(41) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(41))) shall be exempt from any law of any State with respect to or requiring registration or qualification of securities or real estate to the same extent as any obligation issued by or guaranteed as to principal and interest by the United States or any agency or instrumentality thereof. Any State may, prior to the expiration of seven years after the date of the enactment of this Act, enact a statute that specifically refers to this section and requires registration or qualification of any such security on terms that differ from those applicable to any obligation issued by the United States. TITLE II—SECONDARY MORTGAGE MARKET PROGRAMS LIMITATIONS ON PARTICIPATION AGREEMENTS

12 USC 1717.

SEC. 201. (a) The sixth sentence of section 302(b)(2) of the Federal National Mortgage Association Charter Act is amended to read as follows: "The corporation shall establish limitations governing the mgiximum original principal obligation of conventional mortgages

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Author:George P. Morris

Articles in Popular Science Monthly

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title: Author:George P. Morris


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 PUBLIC LAW 98-440—OCT. 3, 1984

98 STAT. 1693

that are purchased by it; in any case in which the corporation purchases a participation interest in such a mortgage, the limitation shall be calculated with respect to the total original principal obligation of the mortgage and not merely with respect to the interest purchased by the corporation.". (b) The fifth sentence of section 305(a)(2) of the Federal Home Loan Mortgage Corporation Act is amended to read as follows: "The Corporation shall establish limitations governing the maximum original principal obligation of conventional mortgages that are purchased by it; in any case in which the Corporation purchases a participation interest in such a mortgage, the limitation shall be calculated with respect to the total original principal obligation of the mortgage and not merely with respect to the interest purchased by the Corporation.".

12 USC 1454.

AUTHORITY OF FEDERAL HOME LOAN MORTGAGE CORPORATION TO PURCHASE LOANS ON MANUFACTURED HOMES

SEC. 202. (a) Section 302(d) of the Federal Home Loan Mortgage Corporation Act is amended by inserting after "located" the following: "or a manufactured home that is personal property under the laws of the State in which the manufactured home is located". (b) Section 302(h) of the Federal Home Loan Mortgage Corporation Act is amended by adding at the end thereof the following new sentence: "The term 'residential mortgage' also includes a loan or advance of credit secured by a mortgage or other lien on a manufactured home that is the principal residence of the borrower, without regard to whether the security property is real, personal, or mixed.". (c) Section 302 of the Federal Home Loan Mortgage Corporation Act is amended by adding at the end thereof the following new subsection: "(1) The term 'mortgage insurance program' includes, in the case of a residential mortgage secured by a manufactured home, any manufactured home lending program under title I of the National Housing Act.".

12 USC 1451.

12 USC 1702.

PURCHASE OF SECOND MORTGAGES

SEC. 203. (a) Section 302(b) of the Federal National Mortgage Association Charter Act is amended by adding at the end thereof the following new paragraph: "(5)(A) The corporation is authorized to purchsise, service, sell, lend on the security of, and otherwise deal in (i) until October 1, 1987, conventional mortgages that are secured by a subordinate lien against a one- to four-family residence that is the principal residence of the mortgagor; and (ii) until October 1, 1985, conventional mortgages that are secured by a subordinate lien against a property comprising five or more family dwelling units. If the corporation, pursuant to paragraphs (1) through (4), shall have purchased, serviced, sold, or otherwise dealt with any other outstanding mortgage secured by the same residence, the aggregate original amount of such other mortgage and the mortgage authorized to be purchased, serviced, sold, or otherwise dealt with under this paragraph shall not exceed the applicable limitation determined under paragraph (2). "(B) The corporation shall establish limitations governing the maximum original principal obligation of conventional mortgages

Loans. 12 USC 1717. Expiration dates.

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 98 STAT. 1694

Prohibitions.

12 USC 1451.

Expiration dates. 12 USC 1454.

PUBLIC LAW 98-440—OCT. 3, 1984

described in subparagraph (A). In any case in which the corporation purchases a participation interest in such a mortgage, the limitation shall be calculated with respect to the total original principal obligation of such mortgage described in subparagraph (A) and not merely with respect to the interest purchased by the corporation. Such limitations shall not exceed (i) with respect to mortgages described in subparagraph (A)(i), 50 per centum of the single-family residence mortgage limitation determined under paragraph (2); and (ii) with respect to mortgages described in subparagraph (A)(ii), the applicable limitation determined under paragraph (2). "(C) No subordinate mortgage against a one- to four-family residence shall be purchased by the corporation if the total outstanding indebtedness secured by the property as a result of such mortgage exceeds 80 per centum of the value of such property unless (i) that portion of such total outstanding indebtedness that exceeds such 80 per centum is guaranteed or insured by a qualified insurer as determined by the corporation; (ii) the seller retains a participation of not less than 10 per centum in the mortgage; or (iii) for such period and under such circumstances as the corporation may require, the seller agrees to repurchase or replace the mortgage upon demand of the corporation in the event that the mortgage is in default. The corporation shall not issue a commitment to purchase a subordinate mortgage prior to the date the mortgage is originated, if such mortgage is eligible for purchase under the preceding sentence only by reason of compliance with the requirements of clause (ii) of such sentence.". (b)(1) Section 302(h) of the Federal Home Loan Mortgage Corporation Act is amended— (A) in the first sentence, by striking out "first"; and (B) by striking out "The maximum principal obligation" and all that follows through "associations." and inserting in lieu thereof the following: "Such term shall also include other secured loans that are secured by a subordinate lien against a property as to which the Corporation may purchase a residential mortgage as defined under the first sentence of this subsection.". (2) Section 305(a) of such Act is amended by adding at the end thereof the following new paragraph: "(4)(A) The Corporation is authorized to purchase, service, sell, lend on the security of, and otherwise deal in (i) until October 1, 1987, residential mortgages that are secured by a subordinate lien against a one- to four-family residence that is the principal residence of the mortgagor; and (ii) until October 1, 1985, residential mortgages that are secured by a subordinate lien against a property comprising five or more family dwelling units. If the Corporation shall have purchased, serviced, sold, or otherwise dealt with any other outstanding mortgage secured by the same residence, the aggregate original amount of such other mortgage and the mortgage authorized to be purchased, serviced, sold, or otherwise dealt with under this paragraph shall not exceed the applicable limitation determined under paragraph (2). "(B) The Corporation shall establish limitations governing the maximum original principal obligation of such mortgages. In any case in which the Corporation purchases a participation interest in such a mortgage, the limitation shall be calculated with respect to the total original principal obligation of such mortgage secured by a subordinate lien and not merely with respect to the interest pur-

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 PUBLIC LAW 98-440—OCT. 3, 1984

98 STAT. 1695

chased by the Corporation. Such limitations shall not exceed (i) with respect to mortgages described in subparagraph (A)(i), 50 per centum of the single-family residence mortgage limitation determined under paragraph (2); and (ii) with respect to mortgages described in subparagraph (A)(ii), the applicable limitation determined under paragraph (2). "(C) No subordinate mortgage against a one- to four-family residence shall be purchased by the Corporation if the total outstanding indebtedness secured by the property as a result of such mortgage exceeds 80 per centum of the value of such property unless (i) that portion of such total outstanding indebtedness that exceeds such 80 per centum is guaranteed or insured by a qualified insurer as determined by the Corporation; (ii) the seller retains a participation of not less than 10 per centum in the mortgage; or (iii) for such period and under such circumstances as the Corporation may require, the seller agrees to repurchase or replace the mortgage upon demand of the Corporation in the event that the mortgage is in default. The Corporation shall not issue a commitment to purchase a subordinate mortgage prior to the date the mortgage is originated, if such mortgage is eligible for purchase under the preceding sentence only by reason of compliance with the requirements of clause (iii) of such sentence.".

Prohibitions.

AUTHORITY OF FEDERAL HOME LOAN MORTGAGE CORPORATION TO PURCHASE STATE AGENCY INSURED MORTGAGE LOANS

SEC. 204. Section 302(i) of the Federal Home Loan Mortgage Corporation Act is amended by striking out "a State or any agency or instrumentality of either" and inserting in lieu thereof "any of its agencies or instrumentalities".

12 USC 1451.

MULTIFAMILY MORTGAGE LOAN-TO-VALUE RATIO

SEC. 205. (a) The second sentence of section 302(b)(2) of the Federal National Mortgage Association Charter Act is amended by inserting after "mortgage" the first place it appears the following: "secured by a property comprising one- to four-family dwelling units". (b) The first sentence of section 305(a)(2) of the Federal Home Loan Mortgage Corporation Act is amended by inserting after "mortgages" the first place it appears the following: "secured by a property comprising one- to four-family dwelling units".

12 usC 1717.

12 USC 1454.

LIMITATIONS ON PURCHASE OF CONVENTIONAL MORTGAGES ON MULTIFAMILY PROPERTIES

SEC. 206. (a) Section 302flD)(2) of the Federal National Mortgage Association Charter Act is amended by striking out the penultimate sentence and inserting in lieu thereof the following: "With respect to mortgages secured by property comprising five or more family dwelling units, such limitations shall not exceed 125 per centum of the dollar amounts set forth in section 207(c)(3) of this Act, except that such limitations may be increased by the corporation (taking into account construction costs) to not to exceed 240 per centum of such dollar amounts in any geographical area for which the Secretary of Housing and Urban Development determines under such section that cost levels require any increase in the dollar amount limitations under such section.".

Ante, p. 1692.

12 USC 1713.

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 98 STAT. 1696 12 USC 1454.

12 USC 1713.

PUBLIC LAW 98-440—OCT. 3, 1984

(b) Section 80r)(a)(2) of the Federal Home Loan Mortgage Corporation Act is amended by striking out the penultimate sentence and inserting in lieu thereof the following: "With respect to mortgages secured by property comprising five or more family dwelling units, such limitations shall not exceed 125 per centum of the dollar amounts set forth in section 207(c)(3) of the National Housing Act, except that such limitations may be increased by the Corporation (taking into account construction costs) to not to exceed 240 per centum of such dollar amounts in any geographical area for which the Secretary of Housing and Urban Development determines under such section that cost levels require any increase in the dollar amount limitations under such section.". BOARD OF DIRECTORS OF FEDERAL NATIONAL MORTGAGE ASSOCIATION

President of U.S. SEC. 207. The first sentence of section 308(b) of the Federal 12 USC 1723. National Mortgage Association Charter Act is amended to read as follows: "The Federal National Mortgage Association shall have a board of directors, which shall consist of eighteen persons, five of whom shall be appointed annually by the President of the United States, and the remainder of whom shall be elected annually by the common stockholders.". ANNUAL REPORT OF SECRETARY OF HOUSING AND URBAN DEVELOPMENT ON ACTIVITIES OF FEDERAL NATIONAL MORTGAGE ASSOCIATION

12 USC 1723a.

SEC. 208. Section 309(h) of the Federal National Mortgage Association Charter Act is amended by striking out the last two sentences and inserting in lieu thereof the following: "Pursuant to the authority provided in this subsection, the Secretary shall, not later than June 30 of each year, report to the Congress on the activities of the corporation under this title.". PERIOD FOR APPROVAL OF ACTIONS OF FEDERAL NATIONAL MORTGAGE ASSOCIATION

12 USC 1723a. Report. Ante, p. 1689.

Extension.

SEC. 209. Section 309 of the Federal National Mortgage Association Charter Act is amended by adding at the end thereof the following new subsection: "(i) If the Federal National Mortgage Association submits to the Secretary of Housing and Urban Development, after the date of the enactment of the Secondary Mortgage Market Enhancement Act of 1984, a request for approval or other action under this title, the Secretary shall, not later than the expiration of the forty-five-day period following the submission of such request, approve such request or transmit to the Congress a report explaining why such request has not been approved. Such period may be extended for an additional fifteen-day period if the Secretary requests additional information from the corporation. If the Secretary fails to transmit such report to the Congress within such forty-five-day period or sixty-day period, as the case may be, the corporation may proceed as if such request had been approved.".

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 PUBLIC LAW 98-440—OCT. 3, 1984

98 STAT. 1697

FEDERAL HOME LOAN MORTGAGE CORPORATION GUARANTEE OF MORTGAGE-BACKED SECURITIES ISSUED BY OTHERS

SEC. 210. Section 306 of the Federal Home Loan Mortgage Corporation Act is amended by adding at the end thereof the following new subsection: "(h) The Corporation may not guarantee mortgage-backed securities or mortgage related payment securities backed by mortgages not purchased by the Corporation.".

97 Stat. 198. 12 USC 1455. Prohibition.

PREFERRED STOCK OF FEDERAL HOME LOAN MORTGAGE CORPORATION

SEC. 211. Section 306(0 of the Federal Home Loan Mortgage Corporation Act is amended— (1) by inserting before the period at the end of the last sentence the following: ", and shall not be entitled to vote with respect to the election of any member of the Board of Directors"; and (2) by adding at the end thereof the following new sentence: "Such preferred stock, or any class thereof, may have such terms as would be required for listing of preferred stock on the New York Stock Exchange, except that this sentence does not apply to any preferred stock, or class thereof, the initial sale of which is made directly or indirectly by the Corporation exclusively to any Federal Home Loan Bank or Banks.".

12 USC 1455.

STUDY OF PREPAYMENT PENALTIES AND THE SECONDARY MORTGAGE MARKET

SEC 212. Not later than one hundred and eighty days after the date of the enactment of this Act, the Secretary of Housing and Urban Development, following consultation with the Board of Directors of the Federal National Mortgage Association, the Board of Directors of the Federal Home Loan Mortgage Corporation, the President of the Government National Mortgage Association, the Board of Governors of the Federal Reserve System, the Federal Home Loan Bank Board, the Comptroller of the Currency, and the National Credit Union Administration Board, shall submit to the Congress a report regarding mortgage prepayment penalties and their impact on secondary mortgage market activities. Such report shall include— (Da review of State laws and regulations regarding prepayment penalties; (2) an evaluation of the impact of prepayment penalties on the ability to attract investors to the secondary mortgage market; (3) an analysis of existing authority for lenders to offer mortgage instruments containing prepayment penalties; and (4) a proposal for federally standardized mortgage instruments that would contain prepayment penalties in combination with features that would be attractive to prospective purchasers of homes, including below-market interest rates and prohibitions on nonrisk related settlement charges normally incurred by homeowners upon refinancing.

Report.

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 98 STAT. 1698

PUBLIC LAW 98-440—OCT. 3, 1984 AUTHORITY OF SECRETARY OF HOUSING AND URBAN DEVELOPMENT REGARDING FEDERAL NATIONAL MORTGAGE ASSOCIATION OBLIGATIONS

Ante, p. 1696. 12 USC 1723c.

SEC. 213. (a) The second sentence of section 309(h) of the Federal National Mortgage Association Charter Act is amended by inserting "before October 1, 1985," after "corporation". (b) The last sentence of section 311 of the Federal National Mortgage Association Charter Act is amended by inserting after "issuances" the following: "by the Association and all issuances of stock, and debt obligations convertible into stock, by the corporation". Approved October 3, 1984.

LEGISLATIVE HISTORY—S. 2040 (H.R. 4557): HOUSE REPORT No. 98-994, Pt. 1, accompanying H.R. 4557 (Comm. on Energy and Commerce). SENATE REPORT No. 98-293 (Comm. on Banking, Housing, and Urban Affairs). CONGRESSIONAL RECORD: VoL 129 (1983): Nov. 17, considered and passed Senate. Vol. 130 (1984): Feb. 9, earlier passage vitiated; considered and passed Senate. Sept. 11, considered and passed House, amended. Sept. 26, Senate concurred in House amendment.

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 PUBLIC LAW 98-441—OCT. 3, 1984

98 STAT. 1699

Public Law 98-441 98th Congress Joint Resolution Making continuing appropriations for the fiscal year 1985, and for other purposes.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are hereby appropriated, out of any money in the Treasury not otherwise appropriated, and out of applicable corporate or other revenues, receipts, and funds, for the several departments, agencies, corporations, and other organizational units of the Government for the fiscal year 1985, and for other purposes, namely: SEC. 101. (a) Such amounts as may be necessary for continuing projects and activities which were conducted in the fiscal year 1984, and for which provision was made in the following appropriation Acts, at the rate for operations, under the terms and conditions, and to the extent and in the manner provided for in the fiscal year 1984 unless otherwise provided for in this joint resolution: Agriculture, Rural Development, and Related Agencies Appropriation Act, 1984; Department of Defense Appropriation Act, 1984; District of Columbia Appropriation Act, 1984; Foreign Assistance and Related Programs Appropriation Act, 1984; Department of the Interior and Related Agencies Appropriation Act, 1984; Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriation Act, 1984; Military Construction Appropriation Act, 1984; Department of Transportation and Related Agencies Appropriation Act, 1984; and Treasury, Postal Service and General Government Appropriation Act, 1984. (b) Such amounts as may be necessary for continuing the following activities, not otherwise provided for in this joint resolution, which were conducted in the fiscal year 1984, under the terms and conditions provided in applicable appropriation Acts for the fiscal year 1984, at the current rate: Health planning activities authorized by title XV of the Public Health Service Act; National Research Service Awards authorized by section 472(d) of the Public Health Service Act; National Arthritis Advisory Board, National Diabetes Advisory Board, and National Digestive Diseases Advisory Board authorized by section 437 of the Public Health Service Act; Medical Library Assistance programs authorized by title III of the Public Health Service Act; Refugee and entrant assistance activities under the provisions of title IV of the Immigration and Nationality Act, title IV and part B of title III of the Refugee Act of 1980, and sections 501(a)

Oct. 3, 1984 [H.J. Res. 653]

42 USC 300k-i. 42 USC 289Z-1. 42 USC 289c-4. 42 USC 241. 8 USC I52i. 94 Stat. 117, no.

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 98 STAT. 1700 8 USC 1522 note.

42 USC 5101 note. 42 USC 4951 note. 97 Stat. 973.

31 USC 1511.

Nicaragua.

PUBLIC LAW 98-441—OCT. 3, 1984

and (b) of the Refugee Education Assistance Act of 1980: Provided, That such funds may be expended for individuals who would meet the definition of "Cuban and Haitian entrant" under section 501(e) of the Refugee Education Assistance Act of 1980 but for the application of paragraph (2)(B) thereof; Child abuse prevention and treatment and adoption opportunities activities authorized by the Child Abuse Prevention and Treatment Act; Activities under the Domestic Volunteer Service Act of 1973, as amended; and Emergency immigrant education activities authorized by section 101(g) of Public Law 98-151. SEC. 102. Appropriations and funds made available and authority granted pursuant to this joint resolution shall be available from October 1, 1984, and shall remain available until (a) enactment into law of an appropriation for any project or activity provided for in this joint resolution, or (b) enactment of the applicable appropriation Act by both Houses without any provision for such project or activity, or (c) October 3, 1984, whichever first occurs. SEC. 103. Appropriations made and authority granted pursuant to this joint resolution shall cover all obligations or expenditures incurred for any project or activity during the period for which funds or authority for such project or activity are available under this joint resolution. SEC. 104. Expenditures made pursuant to this joint resolution shall be charged to the applicable appropriation, fund, or authorization whenever a bill in which such applicable appropriation, fund, or authorization is contained is enacted into law. SEC. 105. Any appropriation for the fiscal year 1985 required to be apportioned pursuant to subchapter II of chapter 15 of title 31, United States Code, may be apportioned on a basis indicating the need (to the extent any such increases cannot be absorbed within available appropriations) for a supplemental or deficiency estimate of appropriation to the extent necessary to permit payment of such pay increases as may be granted pursuant to law to civilian officers and employees and to active and retired military personnel. Each such appropriation shall otherwise be subject to the requirements of subchapter II of chapter 15 of title 31, United States Code. SEC. 106. (a) No appropriation or funds made available or authority granted to the Department of Defense pursuant to this joint resolution shall be used for new production of items not funded for production in fiscal year 1984 or prior years, for the increase in production rates above those sustained with fiscal year 1984 funds or to initiate, resume or continue any project, activity, operation or organization which are defined as any project, subproject, activity, budget activity, program element, and subprogram within a program element and for investment items are further defined as a P-1 line item in a budget activity within an appropriation account and an R-1 line item which includes a program element and subprogram element within an appropriation account, for which appropriations, funds, or other authority were not available during the fiscal year 1984. (\y) No appropriation or funds made available or authority granted to the Department of Defense pursuant to this joint resolution shall be used to initiate multiyear procurements utilizing advance procurement funding for economic order quantity procurement. (c) No appropriations or funds made available pursuant to this joint resolution to the Central Intelligence Agency, the Department

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Page:United States Statutes at Large Volume 98 Part 2.djvu/541

 PUBLIC LAW 98-441—OCT. 3, 1984

98 STAT. 1701

of Defense, or any other agency or entity of the United States involved in intelligence activities may be obligated or expended for the purpose or which would have the effect of supporting, directly or indirectly, military or paramilitary operations in Nicaragua by any nation, group, organization, movement or individual. (d) The appropriations or funds made available or authority granted to the Department of Defense pursuant to this joint resolution for procurement of MX missiles shall be in accordance with and subject to all the limitations, restrictions, and conditions set forth in section 110 of the Department of Defense Authorization Act, 1985, as enacted by the Congress and shall be subject to the provision that no funds may be obligated for the procurement of additional operational MX missiles (excluding funds necessary for spare parts, advance procurement of parts and materials, maintenance of the contractor base and procurement related to the deployment of MX missiles funded in fiscal year 1984) until Congress enacts additional appropriation legislation after March 1, 1985 providing for the obligation of such funds. (e) The appropriations or funds made available or authority granted to the Department of Defense pursuant to this joint resolution for testing of the Space Defense System (antisatellite weapon) shall be in accordance with and subject to all the limitations, restrictions and conditions set forth in section 205 of the Department of Defense Authorization Act, 1985 as enacted by the Congress, Approved October 3, 1984.

LEGISLATIVE HISTORY—H.J. Res. 653: CONGRESSIONAL RECORD, Vol. 130 (1984): Oct. 1, considered and passed House and Senate.

MX missiles.

Antisatellite weapon.

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 98 STAT. 1702

PUBLIC LAW 98-442—OCT. 3, 1984

Public Law 98-442 98th Congress Joint Resolution Oct. 3, 1984 THJ Res 3921

To designate December 7, 1984 as "National Pearl Harbor Remembrance Day" °^ ^^® occasion of the anniversary of the attack on Pearl Harbor.

Whereas on the morning of December 7, 1941, the Imperial Japanese Navy launched an unprovoked surprise attack upon units of the Armed Forces of the United States stationed at Pearl Harbor, Hawaii; Whereas over two thousand four hundred citizens of the United States were killed in action and almost one thousand two hundred were wounded in this attack; Whereas President Franklin Delano Roosevelt referred to the date of the attack as "a day that will live in infamy"; Whereas the attack on Pearl Harbor marked the entry of this Nation into World War 11; Whereas the people of the United States owe a tremendous debt of gratitude to all members of our Armed Forces who served at Pearl Harbor, in the Pacific Theater of World War II, and in all other theaters of action of that war; and Whereas the veterans of World War II and all other people of the United States will commemorate December 7, 1984 in remembrance of this tragic attack on Pearl Harbor: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That December 7, 1984, the anniversary of the attack on Pearl Harbor, is designated as "National Pearl Harbor Remembrance Day" and the President of the United States is authorized and requested to issue a proclamation calling upon the people of the United States— (1) to observe this solemn occasion with appropriate ceremonies and activities; and (2) to pledge eternal vigilance and strong resolve to defend this Nation and its allies from all future aggression. Approved October 3, 1984.

LEGISLATIVE HISTORY—H.J. Res. 392: CONGRESSIONAL RECORD, Vol. 130 (1984): Sept. 12, considered and passed House. Sept. 21, considered and passed Senate.

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 PUBLIC LAW 98-443—OCT. 4, 1984

98 STAT. 1703

Public Law 98-443 98th Congress An Act To amend the Federal Aviation Act of 1958 to terminate certain functions of the Civil Aeronautics Board, to transfer certain functions of the Board to the Secretary of Transportation, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SHORT TITLE SECTION 1. This Act may be cited as the "Civil Aeronautics Board Sunset Act of 1984".

Oct. 4, 1984 [H.R. 5297]

Civil Aeronautics Board Sunset Act of 1984. 49 USC app. 1301 note.

AMENDMENT OF FEDERAL AVIATION ACT OF 1958

SEC. 2. Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Federal Aviation Act of 1958 (49 U.S.C. 1301 et seq.).

49 USC app. 1301 note.

TERMINATION AND TRANSFER OF FUNCTIONS UNDER THE FEDERAL AVIATION ACT OF 1958

SEC 3. (a) Section 1601(b)(1)(C) is amended by striking out "Justice" and inserting in lieu thereof "Transportation". (b) Section 1601(a)(3) is amended by inserting after "Act" the following: "(other than section 204)". (c) Section 1601(a) is amended by adding at the end thereof the following: "(4) The following provisions of this Act (to the extent such provisions relate to interstate and overseas air transportation) and the authority of the Board with respect to such provisions (to the same extent) shall cease to be in effect on January 1, 1985: "(A) Sections 401(1) and (m) and 405 (b), (c), and (d) of this Act (except insofar as such sections apply to the transportation of mail between two points both of which are within the State of

49 USC app. 1551.

Effective dates.

49 USC app. 1371, 1375.

A 1OCITQ)

"(B) Section 403 of this Act. "(C) Section 404 of this Act (except insofar as such section requires air carriers to provide safe and adequate service). "(5) The following provisions of this Act and the authority of the Board with respect to such provisions shall cease to be in effect on January 1, 1985: "(A) Sections 407(b) and (c) of this Act. "(B) Section 410 of this Act. "(C) Section 417 of this Act. "(D) Sections 1002(d), (e), (g), (h), and (i) of this Act (except insofar as any of such sections relate to foreign air transportation).

49 USC app. 1373. 49 USC app. 1374.

49 USC 1377. 49 USC 1380. 49 USC 1387. 49 USC 1482.

app. app. app. app.

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 98 STAT. 1704 49 USC app. 1382. 49 USC app. 1384.

49 USC app. 1378, 1379, 1384.

Alaska, mail transportation. 49 USC app. 1371, 1375. Alaska, mail transportation. 49 USC app. 1551. Effective date.

Alaska, mail transportation. Effective date.

PUBLIC LAW 98-443—OCT. 4, 1984

"(6) Sections 412(a) and (b) of this Act (to the extent such sections relate to interstate and overseas air transportation) and section 414 of this Act (to the extent such section relates to orders made under sections 412(a) and (b) with respect to interstate and overseas air transportation) and the authority of the Secretary of Transportation under such sections (to the same extent) shall cease to be in effect on January 1, 1989. "(1) Sections 408 and 409 of this Act and section 414 of this Act (relating to such sections 408 and 409) and the authority of the Secretary of Transportation under such sections (to the same extent) shall cease to be in effect on January 1, 1989. "(8) Sections 401(1) and (m) and 405 (b), (c), and (d) of this Act (to the extent such sections apply to the transportation of mail between two points both of which are within the State of Alaska) shall cease to be in effect on January 1, 1989.". (d) Section 1601(b)(1)(D) is amended by inserting after "transportation" the following: "(other than for the carriage of mails between any two points both of which are within the State of Alaska)". (e) Section 1601(b)(1) is amended by adding at the end thereof the following: "(E) All authority of the Board under this Act which is not terminated under subsection (a) of this section on or before January 1, 1985, and is not otherwise transferred under this subsection is transferred to the Department of Transportation.". (f) Section 1601(b) is amended by adding at the end thereof the following: "(3) The authority of the Secretary of Transportation under this Act with respect to the determination of the rates for the carriage of mails between any two points both of which are within the State of Alaska is transferred to the Postal Service and such authority shall be exercised through negotiations or competitive bidding. The transfer of authority under this paragraph shall take effect on January 1, 1989.". TRANSFERS OF FUNCTIONS UNDER OTHER LAWS

49 USC app. 1553.

49 USC app. 1159b. 49 USC app. 1151 note.

15 USC 1692Z.

Alaska, mail transportation.

SEC. 4. (a) There are hereby transferred to and vested in the Secretary of Transportation all functions, powers, and duties of the Civil Aeronautics Board under the following provisions of law: (1) The International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. 1159b). (2) The International Aviation Facilities Act (49 U.S.C. 11511160). (3) The Animal Welfare Act (7 U.S.C. 2131 et seq.). (4) Section 11 of the Clayton Act (15 U.S.C. 21). (5) Sections 108(a)(4), 6210D)(5), 704(a)(5), and 814(b)(5) of the Consumer Credit Protection Act (15 U.S.C. 1607(a)(4), 1681s(b)(5), 1691c(a)(5), and 16921(b)(5)). (6) Section 382 of the Energy Policy and Conservation Act (89 Stat. 939, 42 U.S.C. 6362). (7) Section 401 of the Federal Election Campaign Act of 1971 (2 U.S.C. 451). (8) Section 5402 of title 39, United States Code (to the extent such section relates to foreign air transportation and to air transportation between any two points both of which are within the State of Alaska). (9) Sections 4746 and 9746 of title 10, United States Code.

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 PUBLIC LAW 98-443—OCT. 4, 1984

98 STAT. 1705

(10) Section 3 of the Act entitled "An Act to encourage travel in the United States, and for other purposes" (16 U.S.C. 18b). (b) The transfer of any authority under subsection (a) of this section shall take effect on January 1, 1985. (c) The authority of the Secretary of Transportation under section 5402 of title 39, United States Code, with respect to air transportation between any two points both of which are within the State of Alaska shall cease to be in effect on January 1, 1989.

Effective date. Alaska, mail transportation. Effective date.

COLLECTION OF DATA

SEC. 5. (a) Section 329(b)(1) of title 49, United States Code, is amended to read as follows: "(1) collect and disseminate information on civil aeronautics (other than that collected and disseminated by the National Transportation Safety Board under title VII of the Federal Aviation Act of 1958 (49 U.S.C. 1441 et seq.)) including, at a minimum, information on (A) the origin and destination of passengers in interstate and overseas air transportation (as those terms are used in such Act), and (B) the number of passengers traveling by air between any two points in interstate and overseas air transportation; except that in no case shall the Secretary require an air carrier to provide information on the number of passengers or the amount of cargo on a specific flight if the flight, and the flight number under which such flight operates are used solely for interstate or overseas air transportation and are not used for providing essential air transportation under section 419 of the Federal Aviation Act of 1958;". (b) The amendment made by this section shall take effect on January 1, 1985.

49 USC app. 1441.

Effective date. 49 USC 329 note.

REPORTS

SEC. 6. (a) The Secretary of Transportation shall submit a report to the appropriate committees of Congress not later than July 1, 1987, listing (1) transactions submitted to the Secretary for approval under section 408 of the Federal Aviation Act of 1958, (2) interlocking relations submitted to the Secretary for approval under section 409 of such Act, and (3) the types of agreements filed with the Secretary of Transportation under section 412 of such Act, and, with respect to such transactions, interlocking relationships, and agreements, those that have been exempted from the operation of the antitrust laws under section 414 of such Act. The Secretary shall recommend whether the authority under such sections 408, 409, 412, and 414 should be retained or repealed with respect to interstate and overseas air transportation and with respect to foreign air transportation. (b) The Secretary of Transportation and the Postmaster General shall each submit a report to the appropriate committees of Congress not later than July 1, 1987, describing how the Secretary and the Postmaster General have administered their respective authorities to establish rates for the air transportation of mail and setting forth the recommendations of the Secretary and the Postmaster General as to whether the authority to establish rates for the transportation of mail between points within the State of Alaska should continue to be carried out by the Secretary by regulatory ratemaking or by the Postal Service through negotiations or competitive bidding.

31-194 - 0 - 86 - li

QL. 3 Part 2

49 USC app. 1551 note. 49 USC app. 1378. 49 USC app. 1379. 49 USC app. 1382. 49 USC app. 1384.

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 STAT. 1706

PUBLIC LAW 98-443—OCT. 4, 1984 INCORPORATION BY REFERENCE

49 USC app. 1381.

SEC. 7. (a) Section 411 of the Federal Aviation Act of 1958 is amended by inserting "(a)" after "SEC. 411." and by adding at the end thereof the following new subsection: INCORPORATION BY REFERENCE

"(b) Any air carrier may incorporate by reference in any ticket or other written instrument any of the terms of the contract of carriage in interstate and overseas air transportation, to the extent such incorporation by reference is in accordance with regulations issued by the Board.". (b) Section 411 of the Federal Aviation Act of 1958 is amended by inserting before subsection (a) (as designated by subsection (a) of this section) the following subsection heading: "INVESTIGATIONS".

(c) That portion of the table of contents contained in the first section of the Federal Aviation Act of 1958 which appears under the center heading "TITLE IV—AIR CARRIER ECONOMIC REGULATION"

is amended by striking out

/ * -T.

"Sec. 411. Methods of competition.".

and inserting in lieu thereof "Sec. 411. Methods of competition. "(a) Investigations. "(b) Incorporation by reference.". REFERENCES TO CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY 49 USC app. 1371 note.

49 USC app. 1371, 1388. 49 USC app. 1301.

49 USC app. 1388. 49 USC app. 1537. 49 USC app. 1159a.

49 USC app. 1159b.

SEC. 8. Any reference in any law to a certificate of public convenience and necessity, or to a certificate of convenience and necessity, issued by the Civil Aeronautics Board shall be deemed to refer to a certificate issued under section 401 or 418 of the Federal Aviation Act of 1958. MISCELLANEOUS AMENDMENTS

SEC. 9. (a)(1) Section 101(11) is amended to read as follows: "(11) 'All-cargo air service' means the carriage by aircraft in interstate or overseas air transportation of only property or mail, or both.". (2) Section 418(b)(3) is repealed. (b) Section 1307(a) is amended by striking out ", after consultation with the Civil Aeronautics Board,". (c) Section 11 of the International Aviation Facilities Act (49 U.S.C. 1159a) is amended in the second sentence by striking out "and the Civil Aeronautics Board" and by striking out "in collaboration with the Civil Aeronautics Board" and inserting in lieu thereof "in collaboration with the Secretary of Transportation". (d) Section 2 of the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. 1159b) is amended by— (1) striking out "the Civil Aeronautics Board," in subsection (a);

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 PUBLIC LAW 98-443—OCT. 4, 1984

98 STAT. 1707

(2) striking out "Civil Aeronautics Board" and "Board" each time they appear in subsection Ob) and the first sentence of subsection (d) and inserting in lieu thereof "Secretary of Transportation" and "Secretary', respectively; (3) striking out "and the Department of Transportation" in subsection (b)(2); and (4) striking out the last sentence in subsection (d) and inserting in lieu thereof the following: "The Secretaries of State and Treasury shall furnish to the Secretary of Transportation such information as may be necessary to prepare the report required by this subsection.'. (e) Section 5314 of title 5, United States Code, is amended by striking out "Chairman, Civil Aeronautics Board.". Section 5315 of title 5, United States Code, is amended by striking out "Members, Civil Aeronautics Board.". (f) Section 3726(b)(l) of title 31, United States Code, is amended by striking out "Civil Aeronautics Board" and inserting in lieu thereof "Secretary of Transportation with respect to foreign air transportation (as defined in the Federal Aviation Act of 1958)". (g)(1) Sections 3401(b) and (c) of title 39, United States Code, are each amended by striking out "Civil Aeronautics Board" and inserting in lieu thereof "Secretary of Transportation". (2) Section 5005(b)(3) of title 39, United States Code, is amended by striking out "Civil Aeronautics Board" and inserting in lieu thereof "Secretary of Transportation if for the carriage of mail in foreign air transportation (as defined in section 101 of the Federal Aviation Act

49 USC app. 1301 note.

of 1958)".

49 USC app.

(3) Section 5401(b) of title 39, United States Code, is amended by striking out "Civil Aeronautics Board" and inserting in lieu thereof "Secretary of Transportation". (4) Section 5402 of title 39, United States Code, is amended— (A) by striking out "Civil Aeronautics Board" each place it appears and inserting in lieu thereof "Secretary of Transportation"; (B) in the first sentence of subsection (a), by inserting "in foreign air transportation" after "points"; (C) in the second sentence of subsection (a), by striking out "10 percent of the domestic mail transported under any such contract or"; (D) in the first sentence of subsection (b), by inserting "in foreign air transportation" after "points"; (E) in the first sentence of subsection (c), by inserting "in foreign air transportation" after "points"; and (F) by adding at the end thereof the following new subsections: "(d) The Postal Service may contract with any air carrier for the transportation of mail by aircraft in interstate and overseas air transportation either through negotiations or competitive bidding. "(e) For purposes of this section, the terms 'air carrier', 'interstate air transportation', 'overseas air transportation', and 'foreign air transportation' have the meanings given such terms in section 101 of the Federal Aviation Act of 1958 (49 U.S.C. 1301). "(f) During the period beginning January 1, 1985, and ending January 1, 1989, the authority of the Secretary of Transportation and the Postal Service under subsections (a), (b), and (c) of this section shall also apply, and the authority of the Postal Service under subsection (d) shall not apply, to the transportation of mail by

I30i.

Effective date.

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 98 STAT. 1708

PUBLIC LAW 98-443—OCT. 4, 1984

aircraft between any two points both of which are within the State of Alaska and between which the air carrier is authorized by the Secretary to engage in the transportation of mail.". (h) Section 3502(10) of title 44, United States Code, is amended by striking out "the Civil Aeronautics Board,". (i) Section 15(a) of the Animal Welfare Act (7 U.S.C. 2145(a)) is amended by striking out "the Civil Aeronautics Board" and inserting in lieu thereof "the Secretary of Transportation". (j) Section 203(j) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1622(j)) is amended by striking out "the Civil Aeronautics Board". (k) Sections 4746 and 9746 of title 10, United States Code, are each amended by striking out "Civil Aeronautics Board" and inserting in lieu thereof "Secretary of Transportation". (1) Section 7 of the Clayton Act (15 U.S.C. 18) is amended in the final paragraph by striking out "Civil Aeronautics Board" and inserting in lieu thereof "Secretary of Transportation" and by striking out "Commission, Secretary, or Board and inserting in lieu thereof "Commission or Secretary". (m) Section 11 of the Clayton Act (15 U.S.C. 21) is amended— (1) in subsection (a), by striking out "Civil Aeronautics Board" and inserting in lieu thereof "Secretary of Transportation" and by striking out "Civil Aeronautics Act of 1938" and inserting in lieu thereof "Federal Aviation Act of 1958"; (2) in subsection (b), by striking out "Commission or Board" each place it appears and inserting in lieu thereof "Commission, Board, or Secretary"; and

26 USC 47. 26 USC 7701. 49useapp. 1389. 49 USC app. 1382. 49 USC app. 1377. 49 USC app. 1371, 1372, 1388,

(3) by striking out "commission or b o a r d " each place it appears in such section and inserting in lieu thereof "commission, board, or Secretary". (n) The Consumer Credit Protection Act (15 U.S.C. 1601 et seq.) is amended by striking out "Civil Aeronautics Board" and inserting in lieu thereof "Secretary of Transportation " each place it appears in section 108(a)(4) (15 U.S.C. 1607(a)(4)), section 621(b)(5) (15 U.S.C. 1681s(b)(5)), section 704(a)(5) (15 U.S.C. 1691c(a)(5)), and section 814(b)(5) (15 U.S.C. 16921(b)(5)). (o) Section 3 of the Act entitled " A n Act to encourage travel in the United States, and for other purposes" (16 U.S.C. 18b; 54 Stat. 773), is amended by striking out " the Civil Aeronautics Authority,". (p) Section 47(a)(7)(C) of the I n t e r n a l Revenue Code of 1954 is amended by striking out "Civil Aeronautics Board" and inserting in lieu thereof "Secretary of Transportation". (q) Section 7701(a)(33)(E) of the I n t e r n a l Revenue Code of 1954 is amended by striking out "Civil Aeronautics Board" and inserting in lieu thereof "Secretary of Transportation". (r) Section 419(c)(1) is amended by striking out "416(b)(3)" and inserting in lieu thereof "416a))(4)". (s) Section 412(c)(2) is amended by striking out "subsection (c) of this section" and inserting in lieu thereof "subsection (a) of this section". (t) Section 407(e) is amended by striking out the first sentence and inserting in lieu thereof the following: " The Board shall h a v e access to all lands, buildings, and equipment of any air carrier or foreign air carrier w h e n necessary for a determination under section 401, 402, 418, or 419 of this title that s u c h carrier is fit, willing, and able. The Board shall a t all t i m e s have access to all accounts, records, and m e m o r and u m s, including all documents, papers, and correspond-

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98 STAT. 1709

ence, now or hereafter existing, and kept or required to be kept by air carriers, foreign air carriers, or ticket agents. The Board may employ special agents or auditors, who shall have authority under the orders of the Board to inspect and examine lands, buildings, equipment, accounts, records, and memorandums to which the Board has access under this subsection.". (u) Section 105(a)(1) is amended by striking out "interstate air transportation" and inserting in lieu thereof "air transportation". (v) The amendments made by this section shall take effect on January 1, 1985.

49 USC app. 1305. Effective date. 5 USC 5314 note.

TRANSFER AND ALLOCATIONS OF APPROPRIATIONS AND PERSONNEL

SEC. 10. (a) The personnel (including members of the Senior Executive Service) employed in connection with, and the assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds employed, held, used, arising from, available to or to be made available in connection with, any function transferred by section 1601(b) of the Federal Aviation Act of 1958 or section 4 of this Act, subject to section 1531 of title 31, United States Code, shall be transferred to the head of the agency to which such function is transferred for appropriate allocation. Personnel employed in connection with functions so transferred, Or transferred in accordance with any other lawful authority, shall be transferred in accordance with any applicable laws and regulations relating to transfer of functions. Unexpended funds transferred pursuant to this subsection shall only be used for the purpose for which the funds were originally authorized and appropriated. (b) In order to facilitate the transfers made by section 1601(b) of the Federal Aviation Act of 1958 and section 4 of this Act, the Director of the Office of Management and Budget is authorized and directed, in consultation with the Civil Aeronautics Board and the heads of the agencies to which functions are so transferred, to make such determinations as may be necessary with regard to the functions so transferred, and to make such additional incidental dispositions of personnel, assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising from, available to, or to be made available in connection with, such functions, as may be necessary to resolve disputes between the Civil Aeronautics Board and the agencies to which functions are transferred by section 1601(b) of the Federal Aviation Act of 1958 and section 4 of this Act. (c) The Chairman of the Civil Aeronautics Board and the Secretary of Transportation shall, beginning as soon as practicable after the date of enactment of this Act, jointly plan for the orderly transfer of functions and personnel pursuant to section 1601(b) of the Federal Aviation Act of 1958 and section 4 of this Act.

49 USC app. 1554.

49 USC app. 1551.

EFFECT ON PERSONNEL

SEC. 11. (a) Employees covered by the merit pay system under chapter 54 of title 5, United States Code, who are transferred under section 10 of this Act to another agency shall have their rate of basic pay adjusted in accordance with,section 5402 of such title. With respect to the evaluation period during which such an employee is transferred, merit pay determinations for that employee shall be

49 USC app. ^^^^ ^^ ^^^^ ^* 5 USC 5402

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 98 S T A T. 1710 5 USC 5402. 5 USC 4301 et seg 49 USC app. 1551.

P U B L I C L A W 9 8 - 4 4 3 — O C T. 4, 1984

based on the factors in section 5402(b)(2) of such title as appraised in performance appraisals administered by the Civil Aeronautics Board in accordance with chapter 43 of title 5, United States Code, in addition to those administered by the agency to which the employee is transferred. (b) W i t h the consent of the Civil Aeronautics Board, the h e a d of each agency to which functions a r e transferred by section 1601(b) of the Federal Aviation Act of 1958 or section 4 of this Act is authori2ed to use the services of such officers, employees, and other personnel of the Board for such period of t i m e as may reasonably be needed to facilitate the orderly transfer of such functions. SAVINGS PROVISIONS

49 USC app. 1556.

SEC. 12. (a) All orders, determination s, rules, regulations, permits, contracts, certificates, licenses, and privileges—

(1) which have been issued, made, granted, or allowed to become effective by the President, any agency or official thereof, or by a court of competent jurisdiction, in the performance of any function which is transferred by section 1601(b) of the Federal Aviation Act of 1958 or section 4 of this Act from the Civil Aeronautics Board to another agency, and (2) which are in effect on December 31, 1984, shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the head of the agency to which such function is transferred, or other authorized officials, a court of competent jurisdiction, or by operation of law. (b) The transfers of functions made by section 1601(b) of the Federal Aviation Act of 1958 and section 4 of this Act shall not affect any proceedings or any application for any license, permit, certificate, or financial assistance pending at the time such transfers take effect before the Civil Aeronautics Board; but such proceedings and applications, to the extent that they relate to functions so transferred, shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and pa5mients shall be made pursuant to such orders, as if such sections 16010?) and 4 had not been enacted; and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. Nothing in this subsection shall be deemed to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if such sections 1601(b) and 4 had not been enacted. (c) Except as provided in subsection (e)— (1) the transfer of any function under section 1601(b) of the Federal Aviation Act of 1958 or section 4 of this Act shall not affect any suit relating to such function which is commenced prior to the date the transfer takes effect, and (2) in all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and effect as if section lOOlOb) of the Federal Aviation Act of 1958 and section 4 of this Act had not been enacted. (d) No suit, action, or other proceeding commenced by or against any officer in his official capacity as an officer of the Civil Aeronautics Board shall abate by reason of the transfer of any function

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98 STAT. 1711

under section 1601(b) of the Federal Aviation Act of 1958 or section 4 of this Act. No cause of action by or against the Civil Aeronautics Board, or by or against any officer thereof in his official capacity shall abate by reason of the transfer of any function under section 1601(b) of the Federal Aviation Act of 1958 or section 4 of this Act. (e) If, before January 1, 1985, the Civil Aeronautics Board, or officer thereof in his official capacity, is a party to a suit relating to a function transferred by section 1601(b) of the Federal Aviation Act of 1958 or section 4 of this Act, then such suit shall be continued with the head of the Federal agency to which the function is transferred. (f) With respect to any function transferred to another agency by section 1601(b) of the Federal Aviation Act of 1958 or by section 4 of this Act and exercised after the effective date of such transfer, reference in any Federal law (other than title XVI of the Federal Aviation Act of 1958) to the Civil Aeronautics Board or the Board (insofar as such term refers to the Civil Aeronautics Board), or to any officer or office of the Civil Aeronautics Board, shall be deemed to refer to that agency, or other official or component of the agency, in which such function vests. (g) In the exercise of any function transferred under section 1601(b) of the Federal Aviation Act of 1958 or section 4 of this Act, the head of the agency to which such function is transferred shall have the same authority as that vested in the Civil Aeronautics Board with respect to such function, immediately preceding its transfer, and actions of the head of such agency in exercising such function shall have the same force and effect as when exercised by the Civil Aeronautics Board. (h) In exercising any function transferred by section 1601(b) of the Federal Aviation Act of 1958 or section 4 of this Act, the head of the agency to which such function is transferred shall give full consideration to the need for operational continuity of the function transferred.

49 USC app. i^si.

49 USC app. 1551.

DEFINITIONS

SEC. 13. For purposes of this Act— (1) the term "agency" has the same meaning such term has in section 551(1) of title 5, United States Code; and (2) the term "function" means a function, power, or duty.

49 USC app. 1557.

ACCESS FOR HANDICAPPED PERSONS

SEC. 14. Section 104 is amended by adding at the end thereof the following new sentence: "In the furtherance of such right, the Board or the Secretary, as the case may be, shall consult with the Architectural and Transportation Barriers Compliance Board established under section 502 of the Rehabilitation Act of 1973, prior to issuing or amending any order, rule, regulation, or procedure that will have a significant impact on the accessibility of commercial airports or commercial air transportation for handicapped persons.".

49 USC app. 1^04. 29 USC 792.

STUDY OF TRANSPORTATION TO AND FROM WASHINGTON DULLES AIRPORT

SEC. 15. (a) The Secretary of Transportation shall study the feasi- 49 USC app. 2423 bility of constructing a rail rapid transit line between the West Falls ^°Church, Virginia, station of the Washington, District of Columbia

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PUBLIC LAW 98-443—OCT. 4, 1984

metrorail system and Dulles International Airport in Virginia. The study shall include, but need not be limited to, a study of the feasibility of heavy rail, light rail, monorail, magnetic levitation systems, and any other appropriate transportation systems. The Secretary shall study the feasibility of each such system with and without intermediate stops. (b) The Secretary shall complete the study required by subsection (a) and transmit the results thereof to Congress not later than one year after the date of enactment of this Act. AIR SERVICE IN THE STATE OF ALASKA 49 USC app. 1389 note. 49 USC app. 1389.

Effective date.

Report.

SEC. 16. (a)(1) Notwithstanding any other provision of law, with respect to air transportation to each of the points in Alaska listed in paragraph (4), essential air transportation for purposes of section 419 of the Federal Aviation Act of 1958 shall neither be specified at a level of service nor operated with aircraft of lesser seating and cargo capacity than provided for in CAB Order 80-1-167 and its Appendices unless otherwise specified under an agreement between the Department of Transportation and the State of Alaska, after consultation with the community affected. This paragraph shall cease to be in effect on January 1, 1987. (2) Notwithstanding any other provision of law, the total amount of compensation which may be paid under section 419 of the Federal Aviation Act of 1958 with respect to the points in Alaska listed in paragraph (4) shall not exceed $3,572,778 for each of the fiscal years 1985 and 1986 and shall not exceed $893,195 for service provided during the period beginning October 1, 1986, and ending at the close of December 31, 1986. (3) The Secretary of Transportation shall study the feasibility of providing essential air transportation to each of the points in Alaska listed in paragraph (4) with aircraft having a smaller capacity than that required by paragraph (1), the level of compensation which would be required under section 419 of the Federal Aviation Act of 1958 for such transportation, and the impact of using such aircraft on the air transportation system in Alaska. The Secretary shall complete such study and submit a report of the results of such study to Congress not later than January 1, 1986.

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(4) The points in Alaska referred to in paragraphs (1), (2), and (3) are Cordova, Yakutak, Gustavus, Petersburg, and Wrangell. (b) Notwithstanding any other provision of law, no part of the order of the Civil Aeronautics Board in CAB docket number 38961 (CAB Order 84-6-77) shall enter into effect until after December 31, 1984. Approved October 4, 1984.

LEGISLATIVE HISTORY—H.R. 5297: HOUSE REPORTS: No. 98-793 (Comm. on Public Works and Transportation) and No. 98-1025 (Comm. of Conference). CONGRESSIONAL RECORD, VoL 130 (1984): June 5, considered and passed House. Aug. 8, considered and passed Senate, amended. Sept. 19, House agreed to conference report. Sept. 20, Senate agreed to conference report.

Effective date.

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 98 STAT. 1714

PUBLIC LAW 98-444—OCT. 4, 1^84

Public Law 98-444 98th Congress An Act Oct 4 1984 ' [S. 2732]

16 USC 1274.

16 USC 1274. Public availability.

"^^ amend the Wild and Scenic Rivers Act to permit the control of the lamprey eel in the Pere Marquette River and to designate a portion of the Au Sable River, Michigan, as a component of the National Wild and Scenic Rivers System.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 3(a)(16) of the Wild and Scenic Rivers Act is amended by adding the following sentence at the end thereof: "Notwithstanding any other provision of this Act, the installation and operation of facilities or other activities within or outside the boundaries of the Pere Marquette Wild and Scenic River for the control of the lamprey eel shall be permitted subject to such restrictions and conditions as the Secretary of Agriculture may prescribe for the protection of water quality and other values of the river, including the wild and scenic characteristics of the river.". SEC. 2. Section 3(a) of the Wild and Scenic Rivers Act is amended by adding at the end thereof the following: "(51) Au SABLE, MICHIGAN.—The segment of the main stem from ^he project boundary of the Mio Pond project downstream to the project boundary at Alcona Pond project as generally depicted on a map entitled *Au Sable River' which is on file and available for public inspection in the Office of the Chief, Forest Service, United States Department of Agriculture; to be administered by the Secretary of Agriculture.". Approved October 4, 1984.

LEGISLATIVE HISTORY—S. 2732 (H.R. 3472): HOUSE REPORT No. 98-717 accompanying H.R. 3472 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 98-574 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 130 (1984): Apr. 30, May 1, H.R. 3472 considered and passed House. Aug. 9, considered and passed Senate. Sept. 24, considered and passed House.

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 PUBLIC LAW 98-445—OCT. 4, 1984

98 STAT. 1715

Public Law 98-445 98th Congress An Act To implement the Eastern Pacific Ocean Tuna Fishing Agreement, signed in San Jose, Costa Rica, March 15, 1983.

Oct. 4, 1984 [H.R. 5147]

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 "Eastern Pacific Tuna Licensing Act of 1984'\

Eastern Pacific T""^.¥^^?^^"^

SEC. 2. DEFINITIONS.

As used in this Act— (1) The term "Agreement" means the Eastern Pacific Ocean Tuna Fishing Agreement, signed in San Jose, Costa Rica, March 15, 1983. (2) The term "Agreement Area" means the area within a perimeter determined as follows: From the point on the mainland where the parallel of 40 degrees north latitude intersects the coast westward along the parallel of 40 degrees north latitude to 40 degrees north latitude by 125 degrees west longitude, thence southerly along the meridian of 125 degrees west longitude to 20 degrees north latitude by 125 degrees west longitude, thence easterly along the parallel of 20 degrees north latitude to 20 degrees north latitude by 120 degrees west longitude, thence southerly along the meridian of 120 degrees west longitude to 5 degrees north latitude by 120 degrees west longitude, thence easterly along the parallel of 5 degrees north latitude to 5 degrees north latitude by 110 degrees west longitude, thence southerly along the meridian of 110 degrees west longitude to 10 degrees south latitude by 110 degrees west longitude, thence easterly along the parallel of 10 degrees south latitude to 10 degrees south latitude by 90 degrees west longitude, thence southerly along the meridian of 90 degrees west longitude to 30 degrees south latitude by 90 degrees west longitude, thence easterly along the parallel of 30 degrees south latitude to the point on the mainland where the parallel intersects the coast; but the Agreement Area does not include the zones within twelve nautical miles of the baseline from which the breadth of territorial sea is measured and the zones within two hundred nautical miles of the baselines of Coastal States not signatories to the Agreement, measured from the same baseline. (3) The term "designated species of tuna" means yellowfin tuna, Thunnus albacares (Bonnaterre, 1788); bigeye tuna, Thunnus obesus (Lowe, 1839); albacore tuna, Thunnus alalunga (Bonnaterre, 1788); northern bluefin tuna, Thunnus thynnus (Linnaeus, 1758); southern bluefin tuna, Thunnus maccoyil (Castelnau, 1872); skipjack tuna, Katsuwonus pelamis (Linnaeus 1578); black skipjack, Euthynnus Lineatus (Kishinouye 1920); kawakawa, Euthynnus afflnis (Cantor, 1849); bullet tuna, Auxis rochei (Risso, 1810), frigate tuna, Ausix thazard (Lacepede, 1800); eastern Pacific bonito, Sarda chiliensis (Cuvier in Cuvier

Act of 1984. 16 USC 972 note. 16 USC 972.

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 98 STAT. 1716

PUBLIC LAW 98-445—OCT. 4, 1984 and Valenciennes, 1831); and Indo-Paciflc bonito, Sarda orientalis (Temminck and Schlegel, 1844). (4) The term "Council" means the body consisting of the representatives from each Contracting Party to the Agreement which is a Coastal State of the eastern Pacific Ocean or a member of the Inter-American Tropical Tuna Commission at the time of entry into force of the Agreement.

16 USC 972a.

SEC. 3. UNITED STATES REPRESENTATION ON THE COUNCIL.

(a) The Secretary of State CD shall appoint a United States representative to the Council; and (2) may appoint not more than three alternate United States representatives to the Council. Government (b) An individual is not eligible for appointment as, or to serve as, organization and the United States representative under subsection (a)(1) unless the employees. individual is an officer or employee of the United States Government. (c) An individual is not entitled to compensation for serving as the United States representative or an alternate United States representative. (d) While away from home or a regular place of business in the performance of service as the United States representative or an alternate United States representative, an individual is entitled to travel expenses, including per diem in lieu of subsistence, in the same manner as individuals employed intermittently in Government service are allowed expenses under section 5703(b) of title 5 of the United States Code. 16 USC 972b.

SEC. 4. SECRETARY OF STATE TO ACT FOR THE UNITED STATES.

The Secretary of State shall receive, on behalf of the United States Government, reports, requests, recommendations and other communications of the Council, and, in consultation with the Secretary of Commerce, shall act directly thereon or by reference to the appropriate authorities. 16 USC 972c.

Ante, p. 444. 22 USC 1974.

16 USC 972d.

SEC. 5. APPLICATION TO OTHER LAWS.

(a) Notwithstanding section 4 of the Fishermen's Protective Act of 1967 (22 U.S.C. 1874), such Act applies with respect to a seizure by a Contracting Party to the Agreement of a vessel of the United States within the Agreement Area for violation of the Agreement if the Secretary of State determines that the violation is not of such seriousness as to diminish the effectiveness of the Agreement. (b) The seizure by a Contracting Party to the Agreement of a vessel of the United States shall not be considered to be a seizure described in section 205(a)(4)(C) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1825(a)(4)(C)) if the seizure is consistent with the Agreement. SEC. 6. DISPOSITION OF FEES.

All fees accruing to the United States under Article III of the Agreement shall be deposited into the Treasury of the United States. 16 USC 972e.

SEC. 7. REGULATIONS.

The Secretary of Commerce, in cooperation with the Secretary of State and the Secretary of the department in which the Coast Guard is operating, shall issue such regulations as may be necessary to

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98 STAT. 1717

carry out the purposes and objectives of the Agreement and this Act. Regulations may be made applicable as necessary to all persons and vessels subject to the jurisdiction of the United States, wherever located. Regulations concerning the conservation of a designated species of tuna may be issued only to implement conservation recommendations made by the Council under Article 3(D) of the Agreement. SEC. 8. PROHIBITED ACTS. (a) It is unlawful for any person subject to the jurisdiction of the United States— (1) to engage in fishing for a designated species of tuna within the Agreement Area unless issued a license under the Agreement authorizing such fishing; (2) to engage in fishing for a designated species of tuna within the Agreement area in contravention of regulations promulgated by the Secretary of Commerce under the Agreement; (3) knowingly to ship, transport, purchase, sell, offer for sale, export, or have in custody, possession, or control any designated species of tuna taken or retained in violation of regulations issued under section 7; (4) to fail to make, keep, or furnish any catch return, statistical record, or other report required by regulations issued under section 7; (5) being a person in charge of a vessel of the United States, to fail to stop upon being hailed by an authorized official of the United States, or to refuse to permit officials of the United States to board the vessel or inspect its catch, equipment, books, documents, records, or other articles, or to question individuals on board; or (6) to import from any country, in violation of any regulation issued under section 7, any designated species of tuna. (b) Any person who is convicted of violating— (1) subsection (a)(1), (a)(2), or (a)(3) shall be fined or assessed a civil penalty not more than $25,000, and for a subsequent violation shall be fined or assessed a civil penalty not more than $50,000; (2) subsection (a)(4) or (a)(5) shall be fined or assessed a civil penalty not more than $5,000, and for a subsequent violation shall be fined or assessed a civil penalty not more than $5,000; or (3) subsection (a)(6) shall be fined or assessed a civil penalty not more than $100,000. (c) All designated species of tuna taken or retained in violation of subsection (a)(1), (2), (3), or (6), or the monetary value thereof, is subject to forfeiture. (d) All provisions of law relating to the seizure, judicial forfeiture, and condemnation of a cargo for violation of the customs laws, the disposition of such cargo or the proceeds from the sale thereof, and the remission or mitigation of such forfeitures shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under this Act, insofar as such provisions of law are applicable and not inconsistent with the provisions of this Act. SEC. 9. ENFORCEMENT. (a) The judges of the United States district courts and United States magistrates may, within their respective jurisdictions, upon

16 USC 972f.

Courts, U.S. 16 USC 972g.

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