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Page:United States Statutes at Large Volume 92 Part 2.djvu/1168

 92 STAT. 2448

3 USC 101.

PUBLIC LAW 95-570—NOV. 2, 1978 "105. Assistance and services for the President. "106. Assistance and services for the Vice President.". SEC. 2. (a) Chapter 2 of title 3, United States Code, is amended by strikin<^ ont section 107 nnd inserting in lieu thereof the folio-wing new sections: "DOMESTIC POLICY STAFF AND OFFICE OP ADMINISTRATION;

Appointment.

5 USC 5332 note.

Experts and consultants, temporary or intermittent services.

Appointment.

Experts and consultants, temporary or intermittent

PERSONNEL

" SEC. 107. (a) I n order to enable the Domestic Policy Staff to perform its functions, the President (or his designee) is authorized— " (1) without regard to any other provision of law regulating the employment or compensation of persons in the Government service, to appoint and fix the pay of not more than— " (A) 6 employees at rates not to exceed the rate of basic pay then currently paid for level III of the Executive Schedule of section 5314 of title 5; and in addition " (B) 18 employees at rates not to exceed the maximum rate of basic pay then currently paid for GS-18 of the General Schedule of section 5332 of title 5; and in addition " (C) such number of other employees as he may determine to be a p p r o p r i a t e at rates not to exceed the minimum rate of basic pay then currently paid for GS-16 of the General Schedule of section 5332 of title 5; and " (2) to procure, as provided in appropriation Acts, temporary or intermittent services of experts and consultants, as described in and in accordance with the first two sentences of section 3109 (b) of title 5, at respective daily rates of pay for individuals which are not more than the daily equivalent of the rate of basic pay then currently paid for level III of the Executive Schedule of section 5314 of title 5. " (b)(1) I n order to enable the Office of Administration to perform its functions, the President (or his designee) is authorized— " (A) without regard to such other provisions of law as the President may specify which regulate the employment and compensation of persons in the Government service, to appoint and fix the pay of not more than— " (i) 5 employees at rates not to exceed the rate of basic pay then currently paid for level III of the Executive Schedule of section 5314 of title 5; and in addition " ( i i) 5 employees at rates not to exceed the maximum rate of basic pay then currently paid for GS-18 of the General Schedule of section 5332 of title 5; and " (B) to procure, as provided in appropriation Acts, temporary or intermittent services of experts and consultants, as described in and in accordance with the first two sentences of section 3109(b) of title 5, at respective daily rates of pay for individuals which are not more than the daily equivalent of the maximum rate of basic pay then currently paid for (iS-18 of the General Schedule of section 5332 of title 5. " (2) I n addition to any authority granted under paragraph (1) of this subsection, the President (or his designee) is authorized to employ individuals in the Office of Administration in accordance with section 3101 of title 5 and provisions relating thereto. Any individiml so employed under the authority granted under such section 3101 shall be subject to the limitation specified in section 114 of this title.

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 PUBLIC LAW 95-570—NOV. 2, 1978

92 STAT. 2449

"(c) There are authorized to be appropriated each fiscal year such Appropriation sums as may be necessary for the official expenses of the Domestic authorization. Policy Staff and the Office of Administration. ASSISTANCE TO THE PRESIDENT FOR UNANTICIPATED NEEDS

"SEC. 108. (a) There is authorized to be appropriated to the Presi- Appropriation dent an amount not to exceed $1,000,000 each fiscal year to enable the authorization. President, in his discretion, to meet unanticipated needs for the fur- 3 USC 108. therance of the national interest, security, or defense, including personnel needs and needs for services described in section 3109(b) of title 5, and administrative expenses related thereto, without regard to any provision of law regulating the employment or compensation of persons in the Government service or regulating expenditures of Government funds. "(b) The President shall transmit a report to each House of the Report, Congress for each fiscal year beginning on or after the effective date of transmittal to this subsection which sets forth the purposes for which expenditures Congress. were made under this section for such fiscal year and the amount expended for each such purpose. Each such report shall be transmitted no later than 60 days after the close of the fiscal year covered by such report. "(c) An individual may not be paid under the authority of this section at a rate of pay in excess of the rate of basic pay then currently paid for level II of the Executive Schedule of section 5313 of title 5.". (b) The items relating to sections 107 and 108 in the table of sections at the beginning of chapter 2 of title 3, United States Code, are 3 USC 101. amended to read as follows: "107. Domestic Policy staff and Office of Administration; personnel. "108. Assistance to the President for unanticipated needs.". SEC. 3. (a) Chapter 2 of title 3, United States Code, is amended by adding at the end thereof the following new sections: DETAIL o r

EMPLOYEES OF EXECUTIVE

DEPARTMENTS

"SEC. 112. The head of any department, agency, or independent 3 USC 112. establishment of the executive branch of the Government may detail, from time to time, employees of such department, agency, or establishment to the White House Office, the Executive Residence at the White House, the Office of the Vice President, the Domestic Policy Staff, and the Office of Administration. Any such office to which an employee Reimbursement. has been detailed for service to such office shall reimburse the detailing department, agency, or establishment for the pay of each employee thereof— "(1) who is so detailed, and "(2) who is performing services which have been or would otherwise be performed by an employee of such office, for any period occurring during any fiscal year after 180 calendar days after the employee is detailed in such year. ((PERSONNEL

REPORT

"SEC. 113. (a) The President shall transmit to each House of the Report, Congress, and make available to the public, reports containing infor- transmittal to mation described in subsection (b) for each fiscal year beginning on 9°/|§^®,^ 3 USC 113.

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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 92 Part 2.djvu/1170

 92 STAT. 2450

PUBLIC LAW 95-570—NOV. 2, 1978

or after the effective date of this section. Each such report shall be transmitted no later than 60 days after the close of the fiscal year covered by such report and shall contain a statement of such information for such year. Contents. "(b) Each report required under subsection (a) shall contain— "(1) the number of employees who are paid at a rate of basic i ' •;* pay equal to or greater than the rate of basic pay then currently ' paid for level V of the Executive Schedule of section 5316 of title ' ' 5 and who are employed in the White House Office, the Executive Residence at the White House, the Office of the Vice President, the Domestic Policy Staff, or the Office of Administration, and the aggregate amount paid to such employees; " (2) the number of employees employed in such offices who are paid at a rate of basic pay which is equal to or greater than the minimum rate of basic pay then currently paid for GS-16 of the 5 USC 5332 General Schedule of section 5332 of title" 5 but which is less than note. the rate then currently paid for level V of the Executive Schedule of section 5316 of title V and the aggregate amount paid to such employees; " (3) the number of employees employed in such offices who are paid at a rate of basic pay which is less than the minimum rate then currently paid for GS-16 of the General Schedule of section 5332 of title V, and the aggregate amount paid to such employees; "(4) the number of individuals detailed under section 112 of this title for more than 30 days to each such office, the number .. of days in excess of 30 each individual was detailed, and the .'••• aggregate amount of reimbursement made as provided by the provisions of section 112 of this title; and "(5) the number of individuals whose services as experts or consultants are procured under this chapter for service in any such office, the total number of days employed, and the aggregate amount paid to procure such services. The information required under this subsection to be in any report shall be shown both in the aggregate and by office involved. u. GENERAL

3 USC 114.

" 5 USC 5332 note. 3 USC 101.

PAY LIMITATION

"SEC. 114. Notwithstanding any provision of law, other than the provisions of this chapter, no employee of the White House Office, the Executive Residence at the White House, the Domestic Policy Staff, or the Office of Administration, nor any employee under the ' Vice President appointed under section 106 of this title, may be paid at a rate of basic pay in excess of the minimum rate of basic pay then currently paid for GS-16 of the General Schedule of section 5332 of title 5.". (b) The table of sections for chapter 2 of title 3, United States Code, is amended by adding at the end thereof the following new items: "112. Detail of employees of executive departments. • "113. Personnel report. "114. General pay limitation.". SEC. 4. Section 103 of title 3, United States Code, relating to travel expenses of the President, is amended by striking out "$40,000" and inserting in lieu thereof "$100,000". SEC. 5. (a) Section 102 of title 3, United States Code, is amended by striking out "Executive Mansion" and inserting in lieu thereof "Executive Residence at the White House". (b)(1) Section 109 of title 3, United States Code, is amended—

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1171

 PUBLIC LAW 95-570—NOV. 2, 1978

92 STAT. 2451

(A) by striking out from the section caption "EXECUTIVE MANSION" and inserting in lieu thereof "THE EXECUTIVE RESIDENCE AT THE WHITE HOUSE", and

(B) by striking out from the text "Executive Mansion" each place it appears and inserting in lieu thereof "Executive Kesidence at the White House". (2)The item relating to section 109 in the table of sections for chapter 2 of such title 3 is amended by striking out "Executive Mansion" and inserting in lieu thereof "the Executive Residence at the White House", (c)(1) Section 110 of title 3, United States Code, is amended— (A) by inserting in the section caption, immediately before "WHITE HOUSE" the following: "THE EXECUTIVE RESIDENCE AT THE"; (B) by striking out "President's House" and inserting in lieu thereof the following: "Executive Residence at the White House"; and (C) by striking out "White House" each place it appears and ( inserting in lieu thereof "Executive Residence at the White House". (2) The item relating to section 110 in the table of sections for chapter 2 of such title is amended by inserting immediately before "White House" the following: "the Executive Residence at the". (d) Section 202 of such title is amended by striking out "Executive 3 USC 202. Mansion and grounds" and inserting in lieu thereof "White House". SEC. 6. (a) The amendments made by this Act shall apply to any 3 USC 102 note. fiscal year which begins on or after October 1, 1978. (b) In the case of an individual— 3 USC 107 note. (1) who is an employee of the Office of Administration as of the date otthe enactment of this Act, and (2) whose position would be terminated or whose rate of basic pay would be reduced (but for this subsection) by reason of section 107(b) of title 3, United States Code (as amended by this Act), such employee may be allowed to continue to hold such position and receive basic pay at the rate in effect on the effective date of this Act during the period which begins on such date and ends 2 years after such date so long as such employee continues as an employee of the Office of Administration. Approved November 2, 1978.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 95-979 (Coram, on Post Office and Civil Service) and No. 95-1639 (Coram, of Conference). SENATE REPORTS: No. 95-868 (Coram, on Governmental Affairs) and No. 95-1258 (Comm. of Conference). CONGRESSIONAL RECORD, Vol. 124 (1978): Apr. 4, considered in House and failed of passage. , Apr. 13, considered and passed House. July 13, 14, considered and passed Senate, araended. Oct. 7, Senate agreed to conference report. Oct. 15, House agreed to conference report.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1172

 92 STAT. 2452

PUBLIC LAW 95-571—NOV. 2, 1978

Public Law 95-571 95th Congress An Act Nov. 2. 1978 [H.R. 141224] Minnesota Chippewa Indians, Mille Lacs Band. Land acquisition.

Appropriation authorization.

.iiAjii.}<:

To authorize and direct the Secretary of the Interior to acquire certain lands for the benefit of the Mille Lacs Band of the Minnesota Chippewa Indians. Be it enacted by the Senate and House of Representatives of the United States of America in Congress ossembled, SECTION 1. (a) The Secretary of the Interior is authorized, if he finds legal title to such lands to be in private ownership, to acquire by purchase the following described lands: Government lot 4, section 28, township 43 north, range 27 west, fourth principal meridian, Mille Lacs County, Minnesota. (b) Lands acquired by the Secretary pursuant to subsection (a) shall be held by the United States in trust for, and for the benefit and use of, the Mille Lacs Band of the Minnesota Chippewa Indians. SEC. 2. There is authorized to be appropriated such sum as may be necessary to carry out the purposes of this Act. The purchase price of said lands shall be an amount equal to their fair market value. Approved November 2, 1978.

LEGISLATIVE HISTORY: CONGRESSIONAL RECORD, Vol. 124 (1978): Oct. 14, considered and passed House. Oct. 15, considered and passed Senate.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1173

 PUBLIC LAW 95-572—NOV. 2, 1978

92 STAT. 2453

Public Law 95-572 95th Congress An Act To amend the Jury Selection and Service Act of 1968, as amended, by revising the section on fees of jurors and by providing for a civil penalty and injunctive relief in the event of a discharge or threatened discharge of an employee by reason of such employee's Federal jury service. Be it enacted by the Senate and House of Representatives United States of America in Congress assembled,

Nov. 2, 1978 [S. 2075]

of the

SHORT TITLE

SECTION 1. This Act may be cited as the " J u r y System ImprovementsAct ofl9T8".

Jury System Improvements ^^'^ "^ ^^^^•

28 USC 1861 "»*«•

EXCUSE FROM J U R Y SERVICE

SEC. 2. (a) Section 1863(b) of title 28, United States Code, is amended— (1) by striking out paragraph (7); and !• £2) by redesignating paragraph s (8) and (9), and all references thereto, as paragraph s (7) and (8),respectively, (b) Section 1866(c) of title 28, United States Code, is amended by striking out " paragraph (5), (6), or (7) " and inserting in lieu thereof " paragraph (5) or (6) ". J U R Y SERVICE UPON RESTORATION OF CIVIL RIGHTS

SEC. 3. (a) Section 1865(b)(5) of title 28, United States Code, is amended by striking out "by pardon or amnesty". (b) Section 1869(h) of title 28, United States Code, is amended by striking out "by pardon or amnesty.". .:

DEFINITIONS

SEC. 4. Section 1869 of title 28, United States Code, is amended— (1) by striking out the period at the end of subsection (i) and inserting in lieu thereof a semicolon; and (2) by a d d i n g at the end thereof the following new subsections: " (j) 'undue h a r d s h i p or extreme inconvenience', as a basis for excuse from immediate j u r y service under section 1866(c)(1) of this chapter, shall mean great distance, either in miles or traveltime, from the place of holding court, grave illness in the family or any other emergency which outweighs in immediacy and urgency the obligation to serve as a j u r o r when summoned, or any other factor which the court determines to constitute an undue h a r d s h i p or to create an extreme inconvenience to the j u r o r; and in addition, in situations where it is anticipated that a t r i a l or g r and jury proceeding may require more than t h i r t y days of service, the court may consider, as a further basis for temporary excuse, severe economic hardship to an employer which M^ould result from the absence of a key employee during the period of - such service; " (k) 'publicly draw', as referred to in sections 1864 and 1866 of this chapter, shall mean a d r a w i n g which is conducted within

-....-,...f.-.iL

.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1174

 92 STAT. 2454

PUBLIC LAW 95-572—NOV. 2, 1978 the district after reasonable public notice and which is open to the public at large under the supervision of the clerk or jury commission, except that when a drawing is made by means of electronic data processing, 'publicly draw' shall mean a drawing which is conducted at a data processing center located in or out , of the district, after reasonable public notice given in the district for which juror names are being drawn, and which is open to the public at large under such supervision of the clerk or jury commission as the Judicial Conierence of the United States shall by regulation require; and "(1) 'jury summons' shall mean a summons issued by a clerk of court, jury commission, or their duly designated deputies, containing either a preprinted or stamped seal of court, and contain• ing the name of the issuing clerk imprinted in preprinted, type, or facsimile manner on the summons or the envelopes transmitting • the summons.". FEES OF JURORS

Certification.

Travel allowance.

^

' F /:?'.!

SEC. 5. Section 1871 of title 28, United States Code, is amended to read as follows: "§1871. Fees "(a) Grand and petit jurors in district courts appearing pursuant to this chapter shall be paid the fees and allowances provided by this section. The requisite fees and allowances shall be disbursed on the certificate of the clerk of court in accordance with the procedure established by the Director of the Administrative Office of the United States Courts. Attendance fees for extended service under subsection (b) of this section shall be certified by the clerk only upon the order of a district judge. "(b)(1) A juror shall be paid an attendance fee of $30 per day for actual attendance at the place of trial or hearing. A juror shall also be paid the attendance fee for the time necessarily occupied in going to and returning from such place at the beginning and end of such service or at any time during such service. "(2) A petit juror required to attend more than thirty days in hearing one case may be paid, in the discretion of the trial judge, an additional fee, not exceeding $5 more than the attendance fee, for each day in excess of thirty days on which he is required to hear such case. "(3) A grand juror required to attend more than forty-five days of actual service may be paid, in the discretion of the district judge in charge of the particular grand jury, an additional fee, not exceeding $5 more than the attendance fee, for each day in excess of forty-five days of actual service. "(4) A grand or petit juror required to attend more than ten days of actual service may be paid, in the discretion of the judge, the appropriate fees at the end of the first ten days and at the end of every ten days of service thereafter. "(5) Certification of additional attendance fees may be ordered by the judge to be made effective commencing on the first day of extended service, without reference to the date of such certification. "(c)(1) A travel allowance not to exceed the maximum rate per mile that the Director of the Administrative Office of the United States Courts has prescribed pursuant to section 604(a)(7) of this title for payment to supporting court personnel in travel status usin:": privately owned automobiles shall be paid to each juror, regardless of the mode of transportation actually employed. The prescribed

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1175

 PUBLIC LAW 95-572—NOV. 2, 1978

92 STAT. 2455

rate shall be paid for the distance necessarily traveled to and from a juror's residence by the shortest practical route in going to and returning from the place of service. Actual mileage in full at the prescribed rate is payable at the beginning and at the end of a juror's term of service. "(2) The Director shall promulgate rules regulating interim travel Rules and allowances to jurors. Distances traveled to and from court should coin- regulations. cide with the shortest practical route. " (3) Toll charges for toll roads, bridges, tunnels, and ferries shall be Toll charges. paid in full to the juror incurring such charges. In the discretion of the court, reasonable parking fees may be paid to the juror incurring such fees upon presentation of a valid parking receipt. Parking fees shall not be included in any tabulation of mileage cost allowances. "(4) Any juror who travels to district court pursuant to summons Travel expenses, in an area outside of the contiguous forty-eight States of the United States shall be paid the travel expenses provided under this section, or actual reasonable transportation expenses subject to the discretion of the district judge or clerk of court as circumstances indicate, exercising due regard for the mode of transportation, the availability of alternative modes, and the shortest practical route between residence and court, "(d)(1) A subsistence allowance covering meals and lodging of Subsistence jurors shall be established from time to time by the Director of the allowance. Administrative OiRce of the United States Courts pursuant to section 604(a)(7) of this title, except that such allowance shall not exceed the allowance for supporting court personnel in travel status in the same geographical area. Claims for such allowance shall not require itemization. "(2) A subsistence allowance shall be paid to a juror when an overnight stay is required at the place of holding court, and for the time necessarily spent in traveling to and from the place of attendance if an overnight stay is required. "(3) A subsistence allowance for jurors serving in district courts outside of the contiguous forty-eight States of the United States shall be allowed at a rate not to exceed that per diem allowance which is paid to supporting court personnel in travel status in those areas where the Director of the Administrative Office of the United States Courts has prescribed an increased per diem fee pursuant to section 604(a)(7) of this title. "(e) During any period in which a jury is ordered to be kept together and not to separate, the actual cost of subsistence shall be paid upon the order of the court in lieu of the subsistence allowances payable under subsection (d) of this section. Such allowance for the jurors ordered to be kept separate or sequestered shall include the cost of meals, lodging, and other expenditures ordered in the discretion of the court for their convenience and comfort. "(f) A juror who must necessarily use public transportation in traveling to and from court, the full cost of which is not met by the transportation expenses allowable under subsection (c) of this section on account of the short distance traveled in miles, may be paid, in the discretion of the court, the actual reasonable expense of such public transportation, pursuant to the methods of payment provided by this section. Jurors who are required to remain at the court beyond the normal business closing hour for deliberation or for any other reason may be transported to their homes, or to temporary lodgings

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1176

 92 STAT. 2456

Regulations.

PUBLIC LAW 95-572—NOV. 2, 1978 where such lodgings are ordered by the court, in a manner directed by the clerk and paid from funds authorized under this section. "(g) The Director of the Administrative Office of the United States Courts shall promulgate such regulations as may be necessary to carry out his authority under this section.". PROTECTION OF JURORS' EMPLOYMENT

28 USC 1875.

.<^.4i-r.iA'f 5v

Penalty.

SEC. 6. (a)(1) Chapter 121 of title 28, United States Code, is amended by adding at the end thereof the following new section: «§ 1875. Protection of jurors' employment " (a) No employer shall discharge, threaten to discharge, intimidate, or coerce any permanent employee by reason of such employee's j u r y service, or the attendance or scheduled attendance in connection w i t h such service, in any court of the United States. " (b) Any employer who violates the provisions of this section— " (1) shall be liable for damages for any loss of wages or other benefits suffered by an employee by reason of such violation; " (2) may be enjoined from further violations of this section r>ni and ordered to provide other a p p r o p r i a t e relief, including but not limited to the reinstatement of any employee discharged by reason of his j u r y service; and u (3) sj^all be subject to a civil penalty of not more than $1,000 for each violation as to each employee. " (c) Any individual who is reinstated to a position of employment in accordance with the provisions of this section shall be considered as having been on furlough or leave of absence during his period of j u r y service, shall be reinstated to his position of employment without loss of seniority, and shall be entitled to participate in insurance or other benefits offered by the employer pursuant to established rules and practices relating to employees on furlough or leave of absence in effect with the employer at the time such individual entered upon j u r y service. " (d) A n individual claiming that his employer has violated the provisions of this section may make application to the district court for the district in which such employer maintains a place of business and the court shall, upon finding probable merit in such claim, appoint counsel to represent such individual in any action in the district court necessary to the resolution of such claim. Such counsel shall be compensated and necessary expenses repaid to the extent provided by section 3006A of title 18, United States Code. " (2) I n any action or proceeding under this section, the court may award a prevailing employee who brings such action by retained counsel a reasonable attorney's fee as part of the costs. The court may award a prevailing employer a reasonable attorney's fee as part of the costs if the court determines that the action is frivolous, vexatious, or brought in bad faith.". (2) The chapter analysis of chapter 121 of title 28, United States Code, is amended by adding a t the end thereof the following new item: "1875. Protection of jurors' employment.". (b)(1) Chapter 85 of title 28, United States Code, is amended by redesignating section 1363, and all references thereto, as section 1361, and by inserting immediately after section 1362 the following new section:

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1177

 PUBLIC LAW 95-572—NOV. 2, 1978

92 STAT. 2457

"§ 1363. Jurors' employment rights 28 USC 1363. "The district courts shall have original jurisdiction of any civil action brought for the protection of jurors' employment under section 1875 of this title.". (2) The chapter analysis of chapter 85 of title 28, United States Code, is amended by striking out the item relating to section 1363 and inserting in lieu thereof the following: "1363. Jurors' employment rights. "1364. Construction of references to laws of the United States or Acts of Congress.". 5

EFrECTIVE DATE

SEC. 7. (a) Except as provided in subsection (b) of this section, 28 USC 1363 the amendments made by this Act shall apply with respect to any °ot^grand or petit juror summoned for service or actually serving on or after the date of enactment of this Act. (b) The amendment made by section 5 of this Act shall apply with respect to any grand or petit juror serving on or after the sixtieth day following the date of enactment of this Act. Approved November 2, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1652 (Comm. on the Judiciary). SENATE REPORT No. 95-757 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 124 (1978): Apr. 27, considered and passed Senate. Oct. 12, considered and passed House, amended. Oct. 13, Senate concurred in House amendment.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1178

 92 STAT. 2 4 5 8

PUBLIC LAW 95-573—NOV. 2, 1978

Public Law 95-573 95th Congress An Act Nov. 2, 1978 [H.R. 14145]

To amend title 28 of the United States Code to make certain changes in the divisions within judicial districts and in the places of holding court, and to require the Director of the Administrative Office of the United States Courts to conduct a study of the judicial business of the Central District of California and the Eastern District of New Yorlc.

Be it enacted by the Senate and House of Representatives of the District courts. United States of America in Congress assembled, That section 93 of title 28, United States Code, is amended— (1) in paragraph (1) of subsection (a), by striking out " K a n kakee,", and (2) in subsection (b), by inserting "Kankakee," immediately after "Iroquois,". SEC. 2. Section 99 of title 28 of the United States Code is amended to read as follows: «§99. Maine . ., ' "Maine constitutes one j udicial district, "Court shall be held at Bangor and Portland.". SEC. 3. The last sentence of section 112(b) of title 28, United States Code, is amended to read as follows: "Court for the Southern District shall be held a t New Y o r k and W h i t e Plains.". SEC. 4. The last sentence of section 118(c) of title 28, United States Code, is amended to read as follows: "Court for the Western District shall be held at E r i e, J o h n s town, and Pittsburgh.". Comprehensive SEC. 5. W i t h i n one year after the date of enactment of this Act, study, the Director of the Administrative Office of the United States Courts recommendations shall conduct a comprehensive study of the judicial business of the to Congress. 28 USC 84 note. Central District of California and the Eastern District of New York, and shall make recommendations to the Congress with respect to the need for creation of new judicial districts from portions of the judicial districts referred to in this section or the immediately surrounding judicial districts. Effective dates. SEC. 6. (a) Except as provided in subsection (b) of t h i s section, 28 USC 93 note. the provisions of this Act shall take effect 180 days after the date of enactment of this Act. (b) The provisions of section 5 of this Act shall take effect on the date of enactment of this Act. (c) Nothing in this Act shall affect the composition or preclude the service of any g r and or petit j u r o r summoned, empaneled, or actually serving in any judicial district on the effective date of this Act. Approved November 2, 1978. LEGISLATIVE HISTORY: ' HOUSE REPORT No. 95-1763 (Coram, on the Judiciary). CONGRESSIONAL RECORD, Vol. 124 (1978): Oct. 12, considered and passed House. Oct. 15, considered and passed Senate.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1179

 PUBLIC LAW 95-574—NOV. 2, 1978

92 STAT. 2459

Public Law 95-574 95th Congress An Act To amend the Federal Railroad Safety Act of 1970 to authorize additional appropriations, and for other purposes.

Nov. 2. 1978 [S. 3081]

Be it enacted by the Senate and House of Representatives of the Federal Railroad United States of America in Congress assembled,

Safety Authorization Act SHORT TITLE of 1978. SECTION 1. This Act may be cited as the "Federal Eailroad Safety 45 USC 421 note.

Authorization Act of 1978". AUTHORIZATION FOR APPROPRIATIONS

SEC. 2. Section 212 of the Federal Railroad Safety Act of 1970 (46 U.S.C. 441) is amended to read as follows: "SEC. 212. AUTHORIZATION FOR APPROPRIATIONS.

"(a) There are authorized to be appropriated to carry out the provisions of this Act not to exceed $37,725,000 for the fiscal year ending September 30, 1979, and not to exceed $37,725,000 for the fiscal year ending September 30, 1980, "(b) The amounts appropriated under subsection (a) of this section for a fiscal year shall be available for expenditure in such fiscal year as follows: "(1) For the Office of Safety, including salaries and expenses for not more than (A) 600 safety inspectors, (B) 45 signal and train control inspectors, and (C) 125 clerical personnel, not to exceed $20,725,000. Such funds shall be available for travel expenses of safety inspectors for not less than 20 days per month. "(2) To carry out the provisions of section 206(d) of this Act, 45 USC 435. relating to State safety programs, not to exceed $3,500,000. "(3) For the Federal Railroad Administration, for salaries and expenses not otherwise provided for, not to exceed $3,500,000. " (4) For conducting safety research and development activities under this Act, not to exceed $10,000,000. Sums appropriated under this section for research and development, automated track inspection, and the State safety grant program are authorized to remain available until expended.". LIMITATIONS ON FUNDING

SEC. 3. Not less than 50 percent of the funds appropriated to the 45 USC 442. Secretary of Transportation for any fiscal year to conduct railroad research and development programs under the Federal Railroad Safety Act of 1970 or any other Act shall be available for safety research, 45 USC 421 improved track inspection and data acquisition technology, improved note. rail freight service, and improved rail passenger systems. HOURS OF SERVICE OF SIGNAL SYSTEM EMPLOYEES

SEC. 4. (a) Section 3A(a) of the Hours of Service Act (45 U.S.C. 63a(a)) is amended by adding at the end thereof, without paragraph indention, the following:

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1180

 92 STAT. 2460

PUBLIC LAW 95-574—NOV. 2, 1978

""Whenever the time on duty of an individual is broken or interrupted by any period of time off duty of less than eight consecutive hours, such individual may be on duty for not more than twelve hours during a twenty-four-hour period, if such individual has had at least eight consecutive hours off duty immediately before reporting for duty, or, where required by paragraph (1) of this subsection, at least ten consecutive hours off duty immediately before so reporting. After an individual has been on duty for a total of twelve hours during a period . .,, of twenty-four hours as permitted by the foregoing sentence, or at the end of such twenty-four-hour period, whichever ocxiurs first, such individual shall not be required or permitted to continue on duty or to go on duty until he has had at least eight consecutive hours off duty. For purposes of this subsection, a twenty-four-hour period shall begin when an individual reports for duty immediately after he has had at least eight consecutive hours off duty or, where required by paragraph (1) of this subsection, at least ten consecutive hours off duty.". (b) Section 3A(c) of the Hours of Service Act (45 U.S.C. 63a(c)) is amended to read as follows: "(c) For purposes of this section, time on duty shall commence when an individual reports for duty and terminate when an individual is finally released from duty, except that— "(1) time spent in travel on return from a trouble call, whether directly to the individual's residence or by way of the individual's headquarters, shall be considered neither time on duty nor time off duty, except that up to sixty minutes of such time on return from the final trouble call of a period of continuous or broken service shall be considered time off' duty; " (2) if, at the expiration of scheduled duty hours, an individual has not completed the trip from the final outlying worksite of the duty period to the individual's headquarters or from the final outlying worksite directly to the individual's residence, then the time spent in travel outside the scheduled duty hours which is required i, M, to complete the trip to such headquarters or directly to such " residence, as the case may be, shall be considered neither time on duty nor time off duty; " (3) if an individual is released from duty at an outlying worksite prior to the end of such individual's scheduled duty hours in order to comply with this section, the period of time required for the trip from the outlying worksite to the individual's headquarters, or the period of time required for the trip from the /'"^ outlying worksite direct to the individual's residence, as the case -^ may be, shall be considered neither time on duty nor time off duty; "(4) all time spent in transportation on an ontrack vehicle, including time referred to in paragraphs (1), (2), and (3) of this i , subsection, shall be considered time on duty; and "(5)(A) regularly scheduled meal periods and other release periods of thirty minutes or more up to sixty minutes shall be considered time off duty but shall not break an individual's continuity of service for purposes of this section, and (B) release periods of more than one hour shall be considered time off duty and shall break an individual's continuity of service for purposes of this section.". Effective date. (c) The amendments made by this section shall be effective as of 45 USC 63a note. July 8, 1976, except that no action or conduct which occurred during the period beginning on such date and ending on the date of enactment of this Act and which was lawful under the Hours of Service Act as in effect on July 8, 1976, shall be deemed to be unlawful under such Act as amended by this Act.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1181

 PUBLIC LAW 95-574—NOV. 2, 1978 HOURS OF SERVICE ACT; INTERSTATE COMMERCE

92 STAT. 2461

REQUIREMENT

SEC. 5. Subsection (a) of the first section of the Hours of Service Act (45 U.S.C. 61(a)) is amended to read as follows: "(a) this Act shall apply to any common carrier engaged in interstate or foreign commerce by railroad.". DESIGNATED

TERMINAL

SEC. 6. Subsection (b) of the first section of the Hours of Service Act (45 U.S.C. 61(b)) is amended by adding at the end thereof the following new paragraph: "(4) The term 'designated terminal' means the home terminal and "Designated the away from home terminal for the assignment of a particular crew, terminal. Time on duty shall not include interim rest periods of four or more hours between designated terminals where the employee is prevented from reaching his or her designated terminal by act of God, track obstruction, casualty, derailment or major disabling equipment failure, which derailment or disabling equipment failure was the result of a cause not known to the carrier or its officer or agent in charge of the employee at the time such employee left the designated terminal, and > • ' ' • * which could not have been foreseen, and only then at a place where suitable facilities for food and lodging are available.". > r

ASSESSMENT OF PENALTIES

SEC. 7. (a) Section 6 of the Act of March 2, 1893 (45 U.S.C. 6) is amended by inserting "assessed by the Secretary of Transportation and" immediately after "shall he liable to a penalty of not less than $250 and not more than $2,500 for each and every such violation, to be". (b) Section 4 of the Act of April 14, 1910 (45 U.S.C. 13) is amended by inserting "assessed by the Secretary of Transportation and" immediately after "shall be liable to a penalty of not less than $250 and not more than $2,500 for each and every such violation, to be". (c) Section 9 of the Act of February 17, 1911 (45 U.S.C. 34) is amended by inserting "assessed by the Secretary of Transportation and" immediately after "shall be liable to a penalty of not less than $250 and not more than $2,500 for each and every such violation, to be". (d) Section 25(h) of part I of the Interstate Commerce Act (49 U.S.C. 26(h)), is amended by inserting "assessed by the Secretary of Transportation and" immediately after "shall be liable to a penalty of not less than $250 and not more than $2,500 for each and every day such violation, refusal, or neglect continues, to be". N O T I C E O F VIOLATIONS

SEC. 8. The first sentence of section 207 of the Federal Kailroad Safety Act of 1970 (45 U.S.C. 436) is amended to read as follows: "In any case in which the Secretary has failed to assess the civil penalty applicable under section 209 of this title, or no civil action has 45 USC 438. been commenced to obtain injunctive relief under section 210 of this title, with respect to a violation of any railroad safety rule, regulation, 45 USC 439. order, or standard issued under this title, within 90 days after the date on which notification was received by the Secretary from a State agency participating in investigative and surveillance activities under the provisions of section 206 of this title, that State agency may apply 45 USC 435. to the district court of the United States within the jurisdiction of which the violation occurred for the enforcement of such rule, regulation, order, or standard.".

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1182

 92 STAT. 2462

PUBLIC LAW 95-574—NOV. 2, 1978 ROLE OF DEPARTMENT OF TRANSPORTATION I N RAILROAD ACCIDENT INVESTIGATIONS; LIABILITY OF DEPARTMENT OF TRANSPORTATION'S AGENTS

" *.

SEC. 9. Section 208 of the Federal Kailroad Safety Act of 1970 (45 U.S.C. 437) is amended— (1) by Striking out subsection (b) and redesignating subsections (c) and (d) as subsections (b) and (c), respectively, and (2) by amending subsection (b), as so redesignated to read as follows: "(b) To carry out the Secretary's responsibilities under this title, officers, employees, or agents of the Secretary are authorized to enter upon, inspect, and examine rail facilities, equipment, rolling stock, operations, and pertinent records at reasonable times and in a reasonable manner. Such officers, employees, or agents shall display proper credentials when requested, and during the course of such inspection or examination shall be considered employees of the Federal Government for purposes of chapter 171 of title 28 of the United States Code.". '

45 use440note.

'

RAIL TRANSPORTATION SAFETY AND EFFICIENCY STUDY

SEC. 10. (a) The Secretary of Transportation shall conduct a study and evaluation concerning the safety and efficiency of rail transportation. Such study and evaluation shall include— (1) a determination of the relationship of the size, weight, and length of railroad cars (other than those contained in unit trains) to the safety and efficiency of rail transportation; and "f (2) a determination of the effect of the exclusive ownership and control of rights-of-way by individual railroads on the safety and efficiency of rail transportation, considering, among other things, whether or not such rights-of-way might be better employed under new structures of ownership or other conditions for joint usage. (b) Within one year after the date of enactment of this Act, the Secretary of Transportation shall complete the portion of the study described in subsection (a)(1) of this section. (c) Within two years after the date of enactment of this Act, the Secretary of Transportation shall complete the portion of the study described in subsection (a)(2) of this section and submit a report to the Congress setting forth the results of such study, together with recommendations for such legislative or other action as the Secretary deems appropriate. Approved November 2, 1978.

i

r ^

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1176 accompanying H.R. 12577 (Comm. on Interstate and Foreign Commerce). SENATE REPORT No. 95-865 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD, Vol 124 (1978): May 25, considered and passed Senate. Oct. 11, 13, H.R. 12577 considered and passed House; passage vacated, and S. 3081, amended, passed in lieu. ,,; Oct. 15, Senate concurred in House amendments.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1183

 92 STAT. 2463

PUBLIC LAW 95-575—NOV. 2, 1978

Public Law 95-575 95th Congress An Act To amend title 18 of the United States Code to eliminate racketeering in the sale and distribution of cigarettes, and for other purposes.

Nov. 2, 1978 [S. 14871

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That title 18, United Cigarettes. States Code, is amended by inserting after chapter 113 the following Sale and distribution new chapter: racketeering, elimination. "CHAPTER 114- -TRAFFICKING IN CONTRABAND CIGARETTES "Sec.

"2341. Definitions., "2342. Unlawful acts. "2343. Recordkeeping and inspection. "2344. Penalties. "2345. Effect on State law. "2346. Enforcement and regulations. "§2341. DeJSnitions 18 USC 2341. "As used in this chapter— " (1) the term 'cigarette' means— " (A) any roll of tobacco wrapped in paper or in any substance not containing tobacco; and » "(B) any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in subparagraph (A); " (2) the term 'contraband cigarettes' means a quantity in excess of 60,000 cigarettes, which bear no evidence of the payment of applicable State cigarette taxes in the State where such cigarettes are found, if such State requires a stamp, impression, or other E indication to be placed on packages or other containers of cigarettes to evidence payment of cigarette taxes, and which are in the possession of any person other than— "(A) a person holding a permit issued pursuant to chapter 52 of the Internal Revenue Code of 1954 as a manufacturer of 26 USC 5701 et tobacco products or as an export warehouse proprietor, or a seq. person operating a customs bonded warehouse pursuant to section 311 or 555 of the Tariff Act of 1930 (19 U.S.C. 1311 or 1555) or an agent of such person; "(B) a common or contract carrier transporting the cigarettes involved under a proper bill of lading or freight bill which states the quantity, source, and destination of such cigarettes; "(C) a person— "(i) who is licensed or otherwise authorized by the State where the cigarettes are found to account for and pay cigarette taxes imposed by such State; and "(ii) who has complied with the accounting and payment requirements relating to such license or authorization with respect to the cigarettes involved; or

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Page:Hockey, Canada's Royal Winter Game.djvu/12

 the growth of the game, and of the strides that it had made in popularity. Science in play developed apace with the interest that the sport evoked, and as the season came to a close the perfection aimed at by the teams of long ago was satisfactorily attained.

It is not difficult to speculate on the probable future of our noble game. One can see "Arenas" in every town in the Dominion, crowded to the doors with enthusiastic spectators, and whereas we now have only a few first-class teams, we will soon have a hundred, because hockey is a game that fascinates the player and thrills the spectator.

Snowshoeing had its days, but the shoes that trod the snow now lie buried deep beneath it, lost, forgotten, save by the lonesome Indian in the far north, who plods his weary way in search of game.

Tobogganing touched the fancy of our fastidious public, but it slid itself into insensibility, and unless promptly revived will fade, like the memory of a pleasure enjoyed, into regions of the past.

With the facilities afforded hockey players and beginners in every city in the Dominion, the game will boom. Every athletic club will have its teams, and universities, colleges and schools will buzz on the ice at their


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/1184

 92 STAT. 2464

PUBLIC LAW 95-575—NOV. 2, 1978

"(D) an officer, employee, or other agent of the United States or a State, or any department, agency, or instrumentality of the United States or a State (including any political subdivision of a State) having possession of such cigarettes in, connection with the performance of official duties; "(3) the term 'common or contract carrier' means a carrier holding a certificate of convenience and necessity, a permit for contract carrier by motor vehicle, or other valid operating author49 USC prec. 1 ity under the Interstate Commerce Act, or under equivalent note. operating authority from a regulatory agency of the United States or of any State; "(4) the term 'State' means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or the Virgin Islands; and "(5) the term 'Secretary' means the Secretary of the Treasury. 18 USC 2342. "§ 2342. Unlawful acts "(a) It shall be unlawful for any person knowingly to ship, transport, receive, possess, sell, distribute, or purchase contraband cigarettes. "(b) I t shall be unlawful for any person knowingly to make any false statement or representation with respect to the information required by this chapter to be kept in the records of any person who '• ^ • ships, sells, or distributes any quantity of cigarettes in excess of 60,000 in a single transaction. 18 USC 2343. "(a) Any person who ships, sells, or distributes any quantity of cigarettes in excess of 60,000 in a single transaction shall maintain such information about the shipment, receipt, sale, and distribution of cigarettes as the Secretary may prescribe by rule or regulation. The Secretary may require such person to keep only— "(1) the name, address, destination (including street address), vehicle license number, driver's license number, signature of the person receiving such cigarettes, and the name of the purchaser; "(2) a declaration of the specific purpose of the receipt (personal use, resale, or delivery to another); and "(3) a declaration of the name and address of the recipient's principal in all cases when the recipient is acting as an agent. Such information shall be contained on business records kept in the normal course of business. Nothing contained herein shall authorize ^ iivic'jrii] % the Secretary to require reporting under this section. "(b) Upon the consent of any person who ships, sells, or distributes any quantity of cigarettes in excess of 60,000 in a single transaction, or pursuant to a duly issued search warrant, the Secretary may enter the premises (including places of storage) of such person for the purpose of inspecting any records or information required to be maintained by such person under this chapter, and any cigarettes kept or stored by such person at such premises. 18 USC 2344. "§2344. Penalties "(a) Whoever knowingly violates section 2342(a) of this title shall be fined not more than $100,000 or imprisoned not more than five years, or both. "(b) Whoever knowingly violates any rule or regulation promulgated under section 2343(a) or 2346 of this title or violates section
 * § 2343. Recordkeeping and inspection

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1185

 92 STAT. 2465

PUBLIC LAW 95-575—NOV. 2, 1978 2342(b) of this title shall be fined not more than $5,000 or imprisoned not more than three years, or both. "(c) Any contraband cigarettes involved in any violation of the provisions of this chapter shall be subject to seizure and forfeiture, and all provisions of the Internal Revenue Code of 1954 relating to the seizure, forfeiture, and disposition of firearms, as defined in section 5845(a) of such Code, shall, so far as applicable, extend to seizures and forfeitures under the provisions of this chapter. "§ 2345. Effect on State law " (a) Nothing in this chapter shall be construed to affect the concurrent jurisdiction of a State to enact and enforce cigarette tax laws, to provide for the confiscation of cigarettes and other property seized for violation of such laws, and to provide for penalties for the violation of such laws. "(b) Nothing* in this chapter shall be construed to inhibit or otherwise affect any coordinated law enforcement effort by a number of States, through interstate compact or otherwise, to provide for the administration of State cigarette tax laws, to provide for the confiscation of cigarettes and other property seized in violation of such laws, and to establish cooperative programs for the administration of such laws. "§ 2346. Enforcement and regulations "The Secretary, subject to the provisions of section 2343(a) of this title, shall enforce the provisions of this chapter and may prescribe such rules and regulations as he deems reasonably necessary to carry out the provisions of this chapter.". SEC. 2. The table of chapters of part I of title 18, United States Code, is amended by inserting immediately below the item relating to chapter 113 the following: "114. Trafficking in Contraband Cigarettes

26 USC 1 et seq. 26 USC 5845. 18 USC 2345.

18 USC 2346.

2341."

SEC. 3. (a) Section 1(b) of the Act of August 9, 1939 (ch. 618, 53 Stat. 1291 (49 U.S.C. 781 (b))), is amended— (1) by striking out "or" at the end of paragraph (2); (2) by striking out the period at the end of paragraph (3) and inserting in lieu thereof "; or"; and (3) by inserting after paragraph (3) the following new paragraph: "(4) Any cigarette, with respect to which there has been committed any violation of chapter 114 of title 18, United States Code, Ante, p. 2463. or any regulation issued pursuant thereto.". (b) Section 7 of the Act of August 9, 1939 (ch. 618, 53 Stat. 1291 Definitions. (49 U.S.C. 787)), is amended— (1) by striking out "and" at the end of subsection (e); (2) by striking out the period at the end of subsection (f) and inserting in lieu thereof "; and"; and (3) by inserting after subsection (f) the following new subsection: • " (g) The term 'cigarettes' means 'contraband cigarettes' as now or "Cigarettes." hereafter defined in section 2341 of title 18, United States Code.". (c) Section 1961(1)(B) of title 18, United States Code, is amended by inserting after "sections 2314 and 2315 (relating to interstate trans-

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1186

 92 STAT. 2466

18 USC 2341 note. i>.?( - f,.f Appropriation io*T?<r^*^o°]*; 18 UbC 2341 note

PUBLIC LAW 95-575—NOV. 2, 1978 portation of stolen property)," the following: "sections 2341-2346 (relating to trafficking in contraband cigarettes),". SEC. 4. (a) Except as provided in subsection (b), this Act shall take effect on the date of its enactment. (b) Sections 2342(b) and 2343 of title 18, United States Code, as enacted by the first section of this Act, shall take effect on the first day of the first month beginning more than 120 days after the date of the enactment of this Act. SEC. 5. There are hereby authorized to be appropriated such sums as "i*y ^^ necessary to carry out the provisions of chapter 114 of title 18, United States Code, added by the first section of this Act. Approved November 2, 1978.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 95-1629, accompanying H.R. 8853 (Coram, on the Judiciary) and No. 95-1778 (Coram, of Conference). .. - . s-^i-. SENATE REPORT No. 95-962 (Coram, on the Judiciary). - -•'• CONGRESSIONAL RECORD, Vol. 128 (1978): Sept. 29, considered and passed Senate. Oct. 3, H.R. 8853 considered and passed House; passage vacated, and S. 1487, amended, passed in lieu. Oct. 15, House and Senate agreed to conference report.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1187

 PUBLIC LAW 95-576—NOV. 2, 1978

92 STAT. 246*;

Public Law 95-576 95th Congress An Act To amend the Federal Water Pollution Control Act to provide additional authorizations for certain operating programs under the Act.

Nov. 2, 1978 [H.R. 12140]

J.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) clause (1) of section 104(u) of the Federal Water Pollution Control Act (33 U.S.C. 1254) IS amended to read as follows: "(1) not to exceed $100,000,000 per fiscal year for the fiscal year ending June 30, 1973, the fiscal year ending June 30, 1974, and the fiscal year ending June 30, 1975, and not to exceed $14,039,000 for the fiscal year ending September 30, 1980, for carrying out the provisions of this section, other than subsections (g)(1) and (2), (p), (r), and (t), except that such authorizations are not for any research, development, or demonstration activity pursuant to such provisions;", (b)(1) Section 311(a)(2) of the Federal Water Pollution Control Act is amended by inserting before the semicolon at the end thereof the following: ", but excludes (A) discharges in compliance with a permit under section 402 of this Act, (B) discharges resulting from circumstances identified and reviewed and made a part of the public record with respect to a permit issued or modified under section 402 of this Act, and subject to a condition in such permit, and (C) continuous or anticipated intermittent discharges from a point source, identified in a permit or permit application under section 402 of this Act, which are caused by events occurring within the scope of relevant operating or treatment systems", (2) Section 311(a) of the Federal Water Pollution Control Act is amended by adding at the end thereof the following new paragraph: "(17) 'Otherwise subject to the jurisdiction of the United States' means subject to the jurisdiction of the United States by virtue of United States citizenship. United States vessel documentation or numbering, or as provided for by international agreement to which the United States is a party.". (3) Section 311(b)(2)(B) of such Act is amended to read as follows: "(B) The Administrator shall within 18 months after the date of enactment of this paragraph, conduct a study and report to the Congress on methods, mechanisms, and procedures to create incentives to achieve a higher standard of care in all aspects of the management and movement of hazardous substances on the part of owners, operators, or persons in charge of onshore facilities, offshore facilities, or vessels. The Administrator shall include in such study (1) limits of liability, (2) liability for third party damages, (3) penalties and fees, (4) spill prevention plans, (5) current practices in the insurance and banking industries, and (6) whether the penalty enacted in subclause (bb) of clause (iii) of subparagraph (B) of subsection (b)(2) of section 311 of Public Law 92-500 should be enacted,".

Federal Water Pollution Control Act, amendment.

Oil and hazardous substance liability. 33 USC 1321. 33 USC 1342.

Study and report to Congress.

86 Stat. 862.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1188

 92 STAT. 2468 33 USC 1321.

Regulations.

Penalty.

jurisdiction.

Damages, mitigation. Costs.

PUBLIC LAW 95-576—NOV. 2, 1978 (4) Section 311(b)(3) of such Act is amended by striking out "in harmful quantities" and inserting in lieu thereof "in such quantities as may be harmful". (5) Section 311(b)(4) of such Act is amended to read as follows: "(4) The President shall by regulation determine for the pur' poses of this section those quantities of oil and any hazardous substances the discharge of which may be harmful to the public health or welfare of the United States, including but not limited to fish, shellfish, wildlife, and public and private property, shore(6) Section 311(b)(5) of the Federal Water Pollution Control Act is amended by inserting "at the time of the discharge" after the words "otherwise subject to the jurisdiction of the United States". (7) Section 311(b)(6) of such Act is amended by inserting after " (6)" the letter " (A) " and by inserting "at the time of the discharge" alter the words "otherwise subject to the jurisdiction of the United States", and by inserting four new subparagraphs as follows: "(B) The Administrator, taking into account the gravity of the offense, and the standard of care manifested by the owner, operator, or person in charge, may commence a civil action against any such person subject to the penalty under subparagraph (A) of this paragraph to impose a penalty based on consideration of the size of the business of the owner or operator, the effect on the ability of the owner or operator to continue in business, the gravity of the violation, and the nature, extent, and degree of success of any efforts made by the owner, operator, or person in charge to minimize or mitigate the effects of such discharge. The amount of such penalty shall not exceed $50,000, except that where the United States can show that such discharge was the result of willful negligence or willful misconduct within the privity and knowledge of the owner, operator, or person in charge, such penalty shall not exceed $250,000. Each violation is a separate offense. Any action under this subparagraph may be brought in the district court of the United States for the district in which the defendant is located or resides or is doing business, and such court shall have jurisdiction to assess such penalty. No action may be commenced under this clause where a penalty has been assessed under clause (A) of this paragraph. "(C) In addition to establishing a penalty for the discharge of a hazardous substance, the Administrator may act to mitigate the damage to the public health or welfare caused by such discharge. The cost of such mitigation shall be deemed a cost incurred under subsection (c) of this section for the removal of such substance by the United States Government.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1189

 PUBLIC LAW 95-576—NOV. 2, 1978

92 STAT. 2469

"(D) Any costs of removal incurred in connection with a discharge Recovery, excluded by subsection (a)(2)(C) of this section shall be recoverable from the owner or operator of the source of the discharge in an action brought under section 309(b) of this Act. 33 USC 1319. " (E) Civil penalties shall not be assessed under both this section and section 309 for the same discharge.". Approved November 2, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1097 (Comm. on Public Works and Transportation). CONGRESSIONAL RECORD, VoL 124 (1978): June 5, considered and passed House. Oct. 15, considered and passed Senate, amended; House concurred in Senate amendment.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1190

 92 STAT. 2470

PUBLIC LAW 95-577—NOV. 2, 1978

Public Law 95-577 95th Congress An Act Nov. 2, 1978 [H.R. 13597]

Rayburn Office Building and House Annex No. 2, solar collector installation. 40 USC 175 note.

Drawing and estimates, submittal to House committee. 40 USC 175 note. Appropriation authorization. 40 USC 175 note.

To authorize the Architect of the Capitol to install solar collectors for furnishing a portion of the energy needs of the Rayburn House Office Building and House Office Building Annex Numbered 2, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) the Architect of the Capitol, under the direction of the House Office Building Commission, shall install solar collectors for furnishing a portion of the energy needs of the Rayburn House Office Building and of House Office Building Annex Numbered 2. (b) In carrying out this Act, the Architect of the Capitol, under the direction of the House Office Building Commission, is authorized to (1) procure such personal and other services as may be necessary to carry out this Act, and (2) provide for such structural and other changes in the Rayburn House Office Building and House Office Building Annex Numbered 2, such changes in or additions to their appurtenant facilities, such connections to existing facilities or utilities, and such equipment and apparatus, as may be necessary to carry out this Act. SEC. 2. The Architect of the Capitol shall submit to the House Public Works and Transportation Committee final engineering and design drawings and final cost estimates for the project authorized under this Act, before soliciting bids to carry out the project. After the submission of such information, the Architect of the Capitol shall not solicit bids to carry out the project authorized under this Act until thirty legislative days after the date of such submission. SEC. 3. There is hereby authorized to be appropriated not to exceed $3,000,000 to carry out this Act. Approved November 2, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1513 (Coram, on Public Works and Transportation). CONGRESSIONAL RECORD, Vol. 124 (1978): Sept. 25, considered and passed House. Oct. 15, considered and passed Senate.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1191

 PUBLIC LAW 95-578—NOV. 2, 1978

92 STAT. 2471

Public Law 95-578 95th Congress An Act To authorize the Secretary of the Interior to construct, restore, operate, and maintain new or modified features at existing Federal reclamation dams for safety of dams purposes.

Nov. 2, 1978 [S. 2820]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act shall Reclamation Safety of Dams be cited as the "Reclamation Safety of Dams Act of 1978". SEC. 2. In order to preserve the structural safety of Bureau of Recla- Act ofe1978.note. mation dams and related facilities the Secretary of the Interior is 43 s 506 Structures, authorized to perform such modifications as he determines to be modifications. reasonably required. Said performance of work shall be in accordance 43 USC 506. with the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, 43 USC 391 note. and Acts amendatory or supplementary thereto). SEC. 3. Construction authorized by this Act shall be for the pur- 43 USC 507. poses of dam safety and not for the specific purposes of providing additional conservation storage capacity or of developing benefits over and above those provided by the original dams and reservoirs. Nothing in this Act shall be construed to reduce the amount of project costs allocated to reimbursable purposes heretofore authorized. SEC. 4. (a) Costs heretofore or hereafter incurred in the modifica- 43 USC 508. tion of structures under this Act, the cause of which results from age and normal deterioration of the structure or from nonperformance of reasonable and normal maintenance of the structure by the operating entity shall be considered as project costs and will be allocated to the purposes for which the structure was authorized initially to be constructed and will be reimbursable as provided by existing law. (b) Costs heretofore or hereafter incurred in the modification of structures under this Act, the cause of which results from new hydrologic or seismic data or changes in state-of-the-art criteria deemed necessary for safety purposes shall be nonreimbursable and nonreturnable under the Federal Reclamation law. SEC. 5. There are hereby authorized to be appropriated for fiscal Appropriation year 1979 and ensuing fiscal years such sums as may be necessary, but authorization. not to exceed $100,000,000, to carry out the provisions of this Act to 43 USC 509. remain available until expended if so provided by the appropriations Act: Provided, That no funds shall be obligated for carrying out Report to actual construction to modify an existing dam under authority of this Act prior to sixty days (which sixty days shall not include days on which either the House of Representatives or the Senate is not in session because of an adjournment of more than three calendar days to a day certain) from the date that the Secretary has transmitted a report on such existing dam to the Congress. The report required to be submitted by this section will consist of a finding by the Secretary of the Interior to the effect that modifications are required to be made to insure the safety of an existing dam. Such finding shall be accompanied by a technical report containing information on the need for structural modification, the corrective action deemed to be required, alternative solutions to structural modification that were considered, the estimated cost of needed modifications, and environmental impacts if any resulting from the implementation of the recommended plan of modification.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1192

 92 STAT. 2472 Salt River Project, reimbursement.

PUBLIC LAW 95-578—NOV. 2, 1978 SEC. 6. Notwithstanding any other provision of law, the Secretary of the Interior is authorized and directed to reimburse the Salt River Project for expenses incurred to modify the Bartlett Dam spillway and outfall channel, undertaken for safety of dam purposes pursuant to the provisions of this Act. FEDERAL RECLAMATION DAMS SAFETY

American Falls Dam costs, payment and contracts.

91 Stat. 227.

Investigation and study.

Submittal to President and Congress.

43 USC 1511.

SEC. 7. Notwithstanding any other provision of law, the Secretary of the Interior is authorized and directed to pay and discharge that portion of the costs associated with the replacement of the American Falls Dam which the irrigation spaceholder contracting entities are obligated to pay pursuant to the implementation of the act of December 28, 1973 (87 Stat. 904), to treat such costs as costs incurred under this act, and to enter into contracts with the irrigation spaceholder contracting entities to accomplish the payment and discharge of such costs. SEC. 8. The Congress hereby finds that the oversight provided for in section 3 of Public Law 95-46 has been accomplished with respect to the three temporary water service contracts between the United States and the Westlands Water District, as forwarded to Congress on October 4, 1978. SEC. 9. (a) The Secretary of the Interior, after October 1, 1979, shall make a full investigation and study to determine the feasibility of carrying out a project to rehabilitate and improve the existing Santa Cruz Dam and Eeservoir, Santa Cruz Irrigation District, New Mexico, including-— (1) repairing and stabilizing the face of the dam; (2) enlarging spillway capacity to insure the safety of the dam; and (3) raising the dam to increase the storage capacity of Santa Cruz Reservoir. (b) In carrying out the investigation and study authorized by subsection (a) the Secretary shall give full consideration to the potential for developing the Santa Cruz Dam and Reservoir as a unit or part of the San Juan-Chama project. (c) The Secretary shall submit to the President and the Congress as soon as practicable the results of such investigation together with his recommendations. (d) There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this bill. SEC. 10. The fourth sentence of section 201 of the Act of September 30, 1968 (Public Law 90-537) is amended by striking out "from the date of this Act" and by inserting in lieu thereof the following: "from the date of the enactment of the Reclamation Safety of Dams Act of 1978".

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1193

 PUBLIC LAW 95-578—NOV. 2, 1978 SEC. 11. The Secretary of the Interior is hereby directed, notwithstanding the terms of the Contract Numbers 14-06-100-7174, to make necessary repairs on the Scoggins Valley Road around Henry Hagg Lake, Oregon, at Federal expense pursuant to the authority of Public Law 89-596 which authorized the construction, operation and maintenance of the Tualatin Reclamation Project in Oregon. Approved November 2, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1125, accompanying H.R. 11153 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 95-810 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 124 (1978): July 28, considered and passed Senate. Oct. 14, H.R. 11153 considered and passed House; passage vacated, and S. 2820, amended, passed in lieu. Oct. 15, Senate concurred in House amendment. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 14, No. 44: Nov. 2, Presidential statement.

92 STAT. 2473 Scoggins Valley Road, Ore., repairs. 43 USC 616nnn.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1194

 92 STAT. 2474

PUBLIC LAW 95-579—NOV. 2, 1978

Public Law 95-579 95th Congress An Act Nov. 2, 1978 [S. 2247] Immigration and Nationality Act, amendment. Eugenia Cortes, relief. 8 USC 1423. 8 USC 1401.

8 USC 1445.

Amending section 312 of the Immigration and Nationality Act.

Be it enacted 'by the Senate and House of Represeniativea of the United States of America in Congress assembled, That, in the administration of the Immigration and Nationality Act, Eugenia Cortes shall be held and considered to be within the purview of the first proviso to section 312(1) of that Act and may be naturalized upon compliance with all of the other requirements of title III of that Act. SEC. 2. That no financial or other consideration shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with the enactment of this Act, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined $1,000. SEC. 3. The first proviso contained in paragraph (1) of section 312 of the Immigration and Nationality Act (8 U.S.C. 1423) is amended by striking out "or to any person who, on the effective date of this Act, is over fifty years of age and has been living in the United States for periods totaling at least twenty years" and by inserting in lieu thereof the following: "or to any person who, on the date of the filing of his petition for naturalization as provided in section 334 of this Act, is over fifty years of age and has been living in the United States for periods totaling at least twenty years subsequent to a lawful admission for permanent residence". Approved November 2, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1683 (Comm. on the Judiciary). SENATE REPORT No. 95-897 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 124 (1978): May 23, considered and passed Senate. Oct. 14, considered and passed House, amended. Oct. 15, Senate concurred in House amendment.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1195

 PUBLIC LAW 95-580—NOV. 2, 1978

92 STAT. 2475

Public Law 95- 580 95th Congress An Act To establish a Rural Transportation Advisory Task Force, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Congress hereby finds and declares that— (1) an adequate transportation system, made up of various modes of transportation, is essential to the overall success of the Nation's agriculture programs, to a sound program of rural development, and to the economic stability of the United States; (2) the economical and efficient movement of agricultural commodities (including forest products) and agricultural inputs has been impeded by a shortage of railroad freight cars and motor trucks and by the deteriorated condition of many rail roadbeds throughout the United States; (3) the economical and efficient movement of agricultural commodities (including forest products) and agricultural inputs is further threatened by the proposed abandonment by the railroad companies of thousands of miles of important railroad lines in the United States; (4) the maintaining of an efficient and economical transportation system for agriculture and rural development in the United States has not received the priority attention which such system should have received; and (5) the Secretary of Agriculture and the Secretary of Transportation have a responsibility to assume a more active role in representing the interests of agriculture and rural development in the United States in order to insure the availability of an adequate, efficient, and economical transportation system sufficient to meet the needs of agriculture and rural development in the United States. SEC. 2. (a) There is hereby created in accordance with the provisions of this section a Kural Transportation Advisory Task Force (hereinafter referred to as the "Task Force"). (b) The Secretary of Agriculture and the Secretary of Transportation (hereinafter referred to as the Secretaries) shall serve as Cochairmen of the Task Force, which shall consist of fourteen members in addition to the Cochairmen, appointed by the Secretaries on the following basis: (1) one to be selected from a list of qualified individuals recommended by the Secretary of Agriculture; (2) one to be selected from a list of qualified individuals recommended by the Secretary of Transportation; (3) one to be selected from a list of qualified individuals recommended by the Chairman of the Interstate Commerce Commission; (4) one to be selected from a list of qualified individuals recommended by the chairman of the Committee on Agriculture, Nutrition, and Forestry, United States Senate;

Nov. 2, 1978 [S. 1835] Rural Transportation Advisory Task Force. Establishment. 49 USC 1653 note.

49 USC 1653 note. Cochairmen and membership,

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1196

 92 STAT. 2476

Recommendations from congressional committees. Notice, publication in Federal Register.

Travel allowances.

Report, publication and dissemination.

49 USC 1653 note.

Submittal to congressional committees.

PUBLIC LAW 95-580—NOV. 2, 1978

(5) one to be selected from a list of qualified individuals recommended by the chairman of the Committee on Agriculture, United States House of Representatives; (6) three to be selected from lists of qualified individuals recommended by carriers and associations of carriers, not to include more than one representative from each of the three transportation modes, rail, motor, and water; (7) four to be selected from lists of qualified individuals recommended by the agricultural community, including agricultural shippers and associations of shippers; and (8) two to be selected from lists of qualified individuals recommended by the academic community. (c) Within fifteen days after the enactment of this section, the Secretaries shall solicit recommendations from the Chairman of the Interstate Commerce Commission; the chairman of the Committee on Agriculture, Nutrition, and Forestry, United States Senate; and the chairman of the Committee on Agriculture, United States House of Representatives. The Secretaries shall cause notice to be published in the Federal Register soliciting recommendations from which to make the selections required under subparts (6), (7), and (8) of subsection (b) of this section. (d) Vacancies on the Task Force shall be filled in the manner prescribed for original selections. (e) INIembers of the Task Force who are full-time officers or employees of the United States shall receive no additional pay on account of this service on the Task Force. AVhile away from their homes or regular places of business in the performance of services for the Task Force, members of the Task Force shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703 of title 5, United States Code. (f) The Task Force shall be dissolved forty-five days after the pulalication of the final report required under section 4 of this Act. (g) The Secretaries shall furnish such supplies and clerical, administrative, and other support as they deem necessary to enable the Task Force to carry out its responsibilities. SEC. 3. (a) The Task Force may compile and publish an initial report which, if published, shall include recommendations for determining the essential transportation needs of agriculture on a continuing basis, for establishing a national agricultural transportation policy, and for methods of identifying impediments to a railroad transportation system adequate to meet the essential needs of the agriculture industry of the United States. Such report, if published, shall also include, but shall not be limited to, maps which identify the locations in the several.IBtates which the Task Force, on the basis of the importance of such locations within agricultural producing, marketing, or consuming areas, determines should receive railroad service: Provided, That this directive is not to be construed as requiring comprehensive line-by-line analyses of all branch lines. (b) The report authorized in section 3(a) shall, if published, be published not later than one hundred and eighty days after the date of enactment of this Act. The Task Force shall submit copies of such report, if published, to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives and shall provide for the widespread public dissemination of such report throughout the United States as soon as practicable after its publication.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1197

 PUBLIC LAW 95-580—NOV. 2, 1978

92 STAT. 2477

(c) Within ninety days after the publication of the initial report Public hearings. described in section -^(a), or if such report is not published, within two hundred and seventy days after enactment of this Act, the Task Force shall announce dates for and hold public hearings at various locations throughout the United States, take such testimony and receive such evidence as it considers advisable for the purpose of obtaining the views of interested persons on such initial report or, if such report is not published, on recommendations for the final report requiied under this Act. (d) Within one hundred and twenty days after the publication of Testimony the initial report described in section 8(a) or, if such report is not summary, published, within three hundred days after enactment of this Act, publication. the Task Force shall prepare and publish a summary of the testimony presented at such hearings, and shall provide for the widespread public dissemination of such summary as soon as possible following the publication thereof. SEC. 4. (a) The Task Force shall prepare and publish, within four Final report, hundred and twenty days after- the date of enactment of this Act, a publication. final report including recommendations for determining the essential 49 USC 1653 needs of agriculture on a continuing basis, for establishing a national note. agricultural transpoitation policy, for methods of identifying impediments to a railroad ti-ansportation adequate to meet the essential needs of the agriculture industry, and containing specific recommendations for a railroad transportation system adequate to meet the essential needs of the agriculture industry of the United States. In preparing such final report, the Task Force shall take into consideration the testimony received at the public hearing required under this Act. (b) Copies of such final report shall be submitted to the Committee Submittal to on Agriculture, Nutrition, and Forestry of the Senate, the Committee congressional on Agriculture of the House of Representatives, and the Chairman committees and of the Interstate Commerce Commission. The Task Force shall pro- ICC. vide for the widespread public dissemination of such final report. SEC..5. The provisions of this Act shall become effective October 1. Effective date. 49 USC 1653 1978. note.

Approved November 2, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1600, accompanying H.R. 12917 (Comm. on Agriculture). SENATE REPORT No. 95-923 (Comm. on Agriculture, Nutrition, and Forestry). CONGRESSIONAL RECORD, Vol. 124 (1978): June 8, considered and passed Senate. Oct. 3, 4, H.R. 12917 considered and passed House; passage vacated, and S. 1835, amended, passed in lieu. Oct. 15, Senate concurred in House amendment.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1198

 92 STAT. 2478

PUBLIC LAW 95-581—NOV. 2, 1978

Public Law 95-581 95th Congress An Act Nov. 2, 1978 [H.R. 10343]

Marine Corps, sergeant major. Retired pay, recalculation. 10 USC 1401a note.

Effective date. 10 USC 14I0U note.

To provide for recalculation of the retired pay of individuals who served as sergeant major of the Marine Corps before December 16, 1967. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) the retired pay of any individual who served as sergeant major of the Marine Corps and who completed such service before December 16, 1967, shall be computed based upon a rate of basic pay of the sum of (1) the highest rate of basic pay to which such individual was entitled while so serving, and (2) $150. (b) For the purpose of computing any adjustment under section 1401a of title 10, United States Code, in the retired pay of any individual whose retired pay is affected by subsection (a), the rate of basic pay provided under such subsection for the purpose of computing the retired pay of such individual shall be considered to have been the rate of basic pay applicable to such individual at the time of his retirement, and any adjustment under such section 1401a in the retired pay of such individual before September 30, 1978, shall be readjusted to reflect such rate of basic pay. SEC. 2. (a) Any change in the retired pay of any individual by reason of the enactment of this Act shall be effective for months beginning after September 30, 1978. (b) The enactment of this Act shall not reduce the retired pay of any individual. Approved November 2, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-857 (Comm. on Armed Services). CONGRESSIONAL RECORD, Vol. 124 (1978): Apr. 3, June 5, considered and passed House. Oct. 14, considered and passed Senate. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 14, No. 44: Nov. 2, Presidential statement.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1199

 PUBLIC LAW 95-582—NOV. 2, 1978

92 STAT. 2479

Public Law 95-582 95th Congress An Act To provide for nationwide service of subpoenas in all suits involving the False Claims Act, and for other purposes.

Nov. 2, 1978 '[H.R. 12393]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 3491 of Subpoenas, the Revised Statutes, as amended (31 U.S.C. 232), is amended by add- nationwide service in certain ing a new subsection (F), as follows: (F) A subpoena requiring the attendance of a witness at a trial or suits. hearing conducted under sections 3490 through 3494 and 5438 of the Revised Statutes, as amended, may be served at any place in the United 31 USC 231-235. States.". SEC. 2. Section 274 of the Immigration and Nationality Act (8 U.S.C. 1324) is amended by redesignating subsection (b) as subsection (c) and adding a new subsection (b) as follows: "(b)(1) Any vessel, vehicle, or aircraft which is used in the commis- Seizure and sion of a violation of subsection (a) shall be subject to seizure and for- forfeiture, exceptions. feiture, except when— "(A) the owner, master, or other person in charge of such vessel, vehicle, or aircraft, was not, at the time of the alleged illegal act, a consenting party or privy thereto; or " (B) the alleged illegal act occurred while such vessel, vehicle, or aircraft was in the illegal possession of any person other (han the owner, as established by the criminal laws of the United States, or of any States. "(2) The Attorney General shall, within one hundred and eighty Regulations, days from the date of enactment of this Act, promulgate regulations setting forth procedures for the expeditious return to the owner, master, or other person in charge of any vessel, vehicle, or aircraft seized in violation of paragraph (1). In any such case, the owner, master, or other person in charge of such vessel, vehicle, or aircraft shall not incur any expenses, including costs of transportation, storage, damage, and attorney fees, associated with such seizure and forfeiture. In the case of a vehicle seized and forfeited pursuant to paragraph (1) subject to a valid lien or other third-party mterest, the regulations shall provide for satisfaction of the third party interest without expense to the interestholder. "(3) Any conveyance subject to seizure under this section may be seized without a warrant if there is probable cause to believe the conveyance has been used in violation of subsection (a) and circumstances exist where a warrant is not constitutionally required. "(4) All provisions of law relating to the seizure, forfeiture, and disposition of vessels, vehicles, and aircraft for violations of customs law shall apply to violations of the provisions of this chapter: Provided, That—

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1200

 92 STAT. 2480

PUBLIC LAW 95-582—NOV. 2, 1978 " (A) duties imposed on customs officers or other persons regarding the seizure of such conveyances under customs law shall apply to seizures carried out under the provisions of this section by such officers or persons authorized for that purpose by the Attorney General; and " (B) proceedings instituted under this subsection respecting vessels shall be subject to the Supplemental Rules of Certain Admiralty and Maritime Claims.". Approved November 2, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1447 (Coram, on the Judiciary). CONGRESSIONAL RECORD, Vol. 124 (1978): Sept. 18, considered and passed House. Oct. 13, considered and passed Senate, amended. Oct. 15, House concurred in Senate amendment.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1201

 PUBLIC LAW 95-583—NOV. 2, 1978

92 STAT. 2481

Public Law 95-583 95th Congress An Act To amend subchapter III of chapter 83 of title 5, United States Code, to provide that employees who retire after 5 years of service, in certain instances, may be eligible to retain their life and health insurance benefits, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled-, That (a) section 8706 of title 5, United States Code, is amended— (1) by striking out subsections (b) and (c) and inserting in lieu thereof the following new subsection: "(b)(1) If on the date the insurance would otherwise stop the employee retires on an immediate annuity and has been insured under this chapter throughout— "(A) the 5 years of service immediately preceding such date, or "(B) the full period or periods of service during which the employee was entitled to be insured, if less than 5 years, life insurance only may be continued, without cost to the employee, under conditions determined by the Commission. " (2) If on the date the insurance would otherwise stop the employee is receiving compensation under subchapter I of chapter 81 of this title because of disease or injury to the employee and has been insured under this chapter throughout— " (A) the 5 years of service immediately preceding such date, or "(B) the full period or periods of service during which the employee was entitled to be insured, if less than 5 years, life insurance only may be continued, without cost to the employee, under conditions determined by the Commission, during the period the employee is receiving compensation for work injuries and is held by the Secretary of Labor or his delegate to be unable to return to duty. "(3) The amount of life insurance continued under paragraph (1) or paragraph (2) of this subsection shall be reduced by 2 percent at the end of each full calendar month after the date the employee becomes 65 years of age and is retired or is receiving such compensation for disease or injury. The Commission shall prescribe minimum amounts, not less than 25 percent of the amount of life insurance in force before the first reduction, to which the insurance may be reduced."; (2) by redesignating subsections (d) through (f) as subsections (c) through (e),respectively; and (3) by striking out " (a) - (c) " in subsection (d), as redesignated by paragraph (2), and inserting in lieu thereof "(a) and (b) Section 8705(a) of title 5, United States Code, is amended by striking out "or (c)". (c) Section 8714a of title 5, United States Code, is amended— (1) by striking out "8706(d)" in subsection (c)(1) and inserting in lieu thereof "8706 (c)"; (2) by amending subsection (c)(2) to read as follows:

Nov. 2, 1978 [H.R. 4319]

Federal employees, life and health insurance benefits.

Compensation. 5 USC 8101 et seq.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1202

 92 STAT. 2482 Optional life insurance.

Compensation.

5 USC 8101.

Effective date. 5 USC 8706 note.

PUBLIC LAW 95-583—NOV. 2, 1978 " (2)(A) In the case of any employee who retires on an immediate annuity and has been insured under this section throughout— "(i) the 5 years of service immediately preceding the date of such retirement, or "(ii) the full period or periods of service during which the employee was entitled to be insured, if less than 5 years, the amount of optional life insurance only which has been in force throughout such period may be continued, under conditions determined by the Commission. "(B) In the case of any employee who becomes entitled to receive compensation under subchapter I of chapter 81 of this title because of disease or injury to the employee and has been insured under this section throughout— "(i) the 5 years of service immediately preceding the date such employee becomes entitled to such compensation, or "(ii) the full period or periods of service during which the employee was entitled to be insured, if less than 5 years, the amount of optional life insurance only which has been in force throughout such period may be continued, under conditions determined by the Commission, during the period the employee is receiving such compensation for disease or injury and is held by the Secretary of Labor or his delegate to be unable to return to duty. "(C) The amount of optional life insurance continued under subparagraph (A) or subparagraph (B) of this paragraph shall be subject to the same monthly reductions as required for regular life insurance under section 8706(b)(3) of this title."; and (3) by striking out "or 8706 (c)" in subsection (d). SEC. 2. Section 8901(3)(A) of title 5, United States Code, is amended by striking out "12" and inserting in lieu thereof "5". SEC. 3. The amendments made by this Act shall take effect on the date of the enactment of this Act. Approved November 2, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-284 (Comm. on Post Office and Civil Service). SENATE REPORT No. 95-1080 (Comm. on Governmental Affairs). CONGRESSIONAL RECORD: Vol. 123 (1977): July 18, considered and passed House. Vol. 124 (1978): Aug. 18, considered and passed Senate, amended. Oct. 10, House concurred in Senate amendment with amendment. Oct. 13, Senate concurred in House amendment.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1203

 92 STAT. 2483

PUBLIC LAW 95-584^NOV. 2, 1978

Public Law 95-584 95th Congress An Act To repeal certain provisions of law establishing limits on the amount of land certain religious corporations may hold in any Territory of the United States,

.

,'.:

Nov. 2. 1978 [S, 3371]

• T,.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1890 of the Revised Statutes of the United States (48 U.S.C. 1480), section 26 of the Act entitled "An Act to amend an Act entitled 'An Act to amend section fifty-three hundred and fifty-two of the Revised Statutes of the United States, in reference to bigamy, and for other purposes' approved March twenty-second, eighteen hundred and eighty-two" (48 U.S.C. 1480a), and the Act of September 22, 1950 (48 U.S.C. 1480b), are hereby repealed. SEC. 2. This repeal may not be considered or construed as endorsement, support, or permission for any development on or other use of any land in any territory or possession of the United States; nor shall it be evidence of congressional or other intent to confirm title to any lands in said territories or possessions claimed by any association, corporation, or other entity for religious or charitable purposes. SEC. 3. Subsection 3(b) of the Act entitled "An Act to provide that the Territory of American Samoa be represented by a nonvoting Delegate to the United States House of Representatives, and for other purposes" is hereby amended to read as follows: "(b) owe allegiance to the United States;". Approved November 2, 1978,

LEGISLATIVE HISTORY: SENATE REPORT No. 95-1275 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 124 (1978): Oct. 11, considered and passed Senate. Oct. 12, considered and passed House, amended. Oct. 13, Senate concurred in House amendment.

Religious corporations, limitation on land holdings. Repeal.

48 USC 1480 note.

48 USC 1733.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1204

 92 STAT. 2484

PUBLIC LAW 95-585—NOV. 2, 1978

Public Law 95-585 95th Congress An Act —^ov- •^» iv7o [H.R. 3185]

Miller Act,^ amendment.

rp^ amend the Act commonly known as the Miller Act to raise the dollar amount of contracts to which such Act applies from $2,000 to $25,000.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subsection (a) of the first section of the Act entitled "An Act requiring contracts for the construction, alteration, and repair of any public building or public work of the United States to be accompanied by a performance bond protecting the United States and by an additional bond for the protection of persons furnishing material and labor for the construction, alteration, or repair of said public buildings or public work", approved August 24, 1935 (49 Stat. 793; 40 U.S.C. 270a(a)), is amended by striking out "$2,000" and inserting in lieu thereof "$25,000". Approved November 2, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1666 (Comm. on the Judiciary). SENATE REPORT No. 95-1269, accompanying S. 3359 (Comm. on Governmental Affairs). CONGRESSIONAL RECORD, Vol. 124 (1978): Oct. 10, considered and passed House. Oct. 13, considered and passed Senate.

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