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Page:United States Statutes at Large Volume 92 Part 1.djvu/954

 92 STAT. 900 19 USC 1202 note.

PUBLIC LAW 95-410—OCT. 3, 1978 SEC. 203. (a) Schedule 8 of the Tariff Schedules of the United States (19 U.S.C. 1202) is further amended by redesignating part 6 as part 7, by striking out "Part 6 headnote:" in part 7 (as so redesignated) and inserting in lieu thereof "Part 7 headnote:"; and by inserting after part 5 the following new part: PART 6.—NONCOMMEECIAL IMPORTATIONS OF LIMITED VALUE

869.00

869.10

19 USC 1202 note. Publication in Federal Register.

Part 6 headnote: For the purposes of this part the rates of duty for articles provided in this part shall be assessed in lieu of any other rates of duty, except free rates of duty on such articles, unless the Secretary of the Treasury or his delegate determines, in accordance with regulations, that the application of the rate of duty provided in this part to any article in lieu of the rate of duty otherwise applicable thereto adversely afleots the economic interest of the United States. Articles for personal or household use, or as bona fide gifts, not imported for the account of another person, valued in the aggregate at not over $600 fair retail value in the country of acquisition, if the person claunlng the benefit of item 869.00 or 869.10, or both, has not received the benefits thereof within the 30 days immediately preceding his arrival: Acompanying a person, arriving in the United States (exclusive of duty-free articles and articles acquired in American Samoa, Quam, or the Virgin Islands of the United States) 10% of the 10% of the falrrefair ret£dl taU value value Imported by or for the account of a person (whether or not accompanying him) arriving directly or indirectly from American Samoa, Quam, or the Virgin Islands of the United States, acquired in such insular possessions as an incident of such person's physical presence 5% of the 5% of the fair refair retaU tail value value

(b) The amendment made by this section shall apply to persons and articles arriving in the United States on or after the 30th day after the date of the enactment of this Act. SEC. 204. Section 315(d) of the Tariff Act of 1930 (19 U.S.C. 1315(d)) is amended by striking out "weekly Treasury Decisions" and inserting in lieu thereof "Federal Register". SEC. 205. (a) Section 321(a)(1) of the Tariff Act of 1930 (19 U.S.C. 1321(a)(1)) is amended by striking out "$3" and inserting in lieu thereof "$10", and by striking out "or" after "duties" wherever it appears and inserting in lieu thereof "and". (b)(1) Subparagraph (A) of section 321(a)(2) of the Tariff Act of 1930 (19 U.S.C. 1321(a)(2)) is amended by striking out "$10" and inserting in lieu thereof "$25", and by striking out "$20" and inserting in lieu thereof "$40". (2) Subparagraph (B) of such section 321(a)(2) is amended by striking out "$10" and inserting in lieu thereof "$25". (3) Subparagraph (C) of such section 321(a)(2) is amended by striking out "$1" and inserting in lieu thereof "$5". SEC. 206. Section 466 of the Tariff Act of 1930 (19 U.S.C. 1466) is amended— (1) by striking out "; and if the owner or master" in subsection (a) and all that follows thereafter down through the period at the end of the first sentence and inserting in lieu thereof the following: ". If the owner or master willfully or knowingly

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Page:United States Statutes at Large Volume 92 Part 1.djvu/955

 PUBLIC LAW 95-410—OCT. 3, 1978

92 STAT. 901

neglects or fails to report, make entry, and pay duties as herein required, or if he makes any false statement in respect of such purchases or repairs without reasonable cause to believe the truth of such statements, or aids or procures the making of any false statement as to any matter material thereto without reasonable I cause to believe the truth of such statement, such vessel, or a monetary amount up to the value thereof as determined by the Secretary, to be recovered from the owner, shall be subject to seizure and forfeiture; and (2) by redesignating subsections (b) and (c) as (d) and (e), 19 USC 1466. respectively, and by inserting after subsection (a) the following new subsections: "(b) NOTICE.—If the appropriate customs officer has reasonable cause to believe a violation has occurred and determines that further ' procedings are warranted, he shall issue to the person concerned a written notice of his intention to issue a penalty claim. Such notice shall— "(1) describe the circumstances of the alleged violation; "(2) specify all laws and regulations allegedly violated; "(3) disclose all the material facts which establish the alleged violation; "(4) state the estimated loss of lawful duties, if any, and taking into account all of the circumstances, the amount of the i proposed penalty; and "(5) inform such person that he shall have a reasonable opportunity to make representations, both oral and written, as to why such penalty claim should not be issued. "(c) VIOLATION.—After considering representations, if any, made by the person concerned pursuant to the notice issued under subsection (b), the appropriate customs officer shall determine whether any violation of subsection (a), as alleged in the notice, has occurred. If - * such officer determines that there was no violation, he shall promptly notify, in writing, the person to whom the notice was sent. If such officer determines that there was a violation, he shall issue a written penalty claim to such person. The written penalty claim shall specify ' all changes in the information provided under paragraphs (1) through (4) of subsection (b).". SEC. 207. Section 483(1) of the Tariff Act of 1930 (19 U.S.C. 1483 (1)) is amended— (1) by inserting "or the holder of an air waybill" immediately after "bill of lading"; (2) by adding "in the case of a bill of lading" immediately before "if consigned to order, by the consignor"; and (3) by striking out the period at the end of the first sentence and inserting in lieu thereof the following: "; except that this section shall not limit in any way the rights of the consignor, as prescribed by article 12 of the Warsaw Convention (49 Stat. 3017)." SEC. 208. Section 491 of the Tariff Act of 1930 (19 U.S.C. 1491) is amended— (1) by amending the section heading to read as follows: "SEC. 491. UNCLAIMED MERCHANDISE; DISPOSITION OF FORFEITED DISTILLED SPIRITS, WINES AND MALT LIQUOR"; (2) by inserting " (a) " at the beginning of such section; and

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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 1.djvu/956

 92 STAT. 902

PUBLIC LAW 95-410—OCT. 3, 1978

(3) by adding at the end thereof the following new subsection: "(b) All distilled spirits, wines, and malt liquor forfeited to the Government summarily or by order of court, under any provision of law administered by the United States Customs Service, shall be appraised and disposed of by— "(1) delivery to such Government agencies, as in the opinion of the Secretary have a need for such distilled spirits, wines, and malt liquor for medical, scientific, or mechanical purposes, or for any other official purpose for which appropriated funds may be ••-'--'' ' • expended by a Government agency: "(2) gifts to such eleemosynary institutions as, in the opinion of the Secretary, have a need for such distilled spirits, wines, and malt liquor for medical purposes; Regulations. " (3) sale by appropriate customs officer at public auction under such regulations as the Secretary shall prescribe, except that before making any such sale the Secretary shall determine that no Government agency or eleemosynary institution has established a need for such spirits, wines, and malt liquor under paragraph (1) or (2); or "(4) destruction." SEC. 209. (a) The Tariff Act of 1930 is amended by adding immediately after section 503 the following new section: 19 USC 1504. «SEC. 504. LIMITATION ON LIQUIDATION. "(a) LIQUIDATION.—Except as provided in subsection (b), an entry of merchandise not liquidated within one year from: " (1) the date of entry of such merchandise; "(2) the date of the final withdrawal of all such merchandise covered by a warehouse entry; or "(3) the date of withdrawal from warehouse of such merchandise for consumption where, pursuant to regulations issued under section 505(a) of this Act, duties may be deposited after the filing Ante, p. 889. of an entry or withdrawal from Avarehouse; shall be deemed liquidated at the rate of duty, value, quantity, and amount of duties asserted at the time of entry by the importer, his consignee, or agent. Notwithstanding section 500(e) of this Act, notice 19 USC 1500. of liquidation need not be given of an entry deemed liquidated. "(b) EXTENSION.—The Secretary may extend the period in which to liquidate an entry by giving notice of such extension to the importer, his consignee, or agent in such form and manner as the Secretary shall prescribe in regulations, if— " (1) information needed for the proper appraisement or classification of the merchandise is not available to the appropriate customs officer; "(2) liquidation is suspended as required by statute or court order; or "(3) the importer, consignee, or his agent requests such extension and shows good cause therefor. Regulations. " (c) NoTiCE OF SUSPENSION.—If the liquidation of any entry is suspended, the Secretary shall, by regulation, require that notice of such suspension be provided to the importer or consignee concerned and to any authorized agent and surety of such importer or consignee. "(d) IJIMITATION.—Any entry of merchandise not liquidated at the expiration of four years from the applicable date specified in subsection (a) of this section, shall be deemed liquidated at the rate of duty, value, quantity, and amount of duty asserted at the time of entry by

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Page:United States Statutes at Large Volume 92 Part 1.djvu/957

 PUBLIC LAW 95-410—OCT. 3, 1978 the importer, his consignee, or agent, unless liquidation continues to be suspended as required by statute or court order. When such a suspension of liquidation is removed, the entry shall be liquidated within 90 days therefrom." (b) The amendment made by this section applies to the entry or withdrawal of merchandise for consumption on or after 180 days after the enactment of this Act. SEC. 210. Section 520(c)(1) of the Tariff Act of 1930 (19 U.S.C 1520 (c)(1)) is amended to read as follows: "(1) a clerical error, mistake of fact, or other inadvertence not amounting to an error in the construction of a law, adverse to the importer and manifest from the record or established by documentary evidence, in any entry, liquidation, or other customs transaction, when the error, mistake, or inadvertence is brought to the attention of the appropriate customs officer within one year after the date of liquidation or exaction; or". SEC. 211. (a) Section 526 of the Tariff Act of 1930 (19 U.S.C. 1526) is amended— (1) by striking out "It" in subsection (a) and inserting in lieu thereof "Except as provided in subsection (d) of this section, it"; and (2) by adding at the end thereof the following new subsection: "(d) EXEMPTIONS.—(1) The trademark provisions of this section and section 42 of the Act of July 5, 1946 (60 Stat. 440; 15 U.S.C. 1124), do not apply to the importation of articles accompanying any person arriving in the United States when such articles are for his personal use and not for sale if (A) such articles are within the limits of types and quantities determined by the Secretary pursuant to paragraph (2) of this subsection, and (B) such person has not been granted an exemption under this subsection within thirty days immediately preceding his arrival. "(2) The Secretary shall determine and publish in the Federal Register lists of the types of articles and the quantities of each which shall be entitled to the exemption provided by this subsection. In determining such quantities of particular types of trade-marked articles, the Secretary shall give such consideration as he deems necessary to the numbers of such articles usually purchased at retail for personal use. "(3) If any article which has been exempted from the restrictions on importation of the trade-mark laws under this subsection is sold within one year after the date of importation, such article, or its value (to be recovered from the importer), is subject to forfeiture. A sale pursuant to a judicial order or in liquidation of the estate of a decedent is not subject to the provisions of this paragraph. "(4) The Secretary may prescribe such rules and regulations as may be necessarv to carry out the provisions of this subsection.". (b) Section 42 of the Act of July 5, 1946 (15 U.S.C. 1124), is amended by striking out "That" and inserting in lieu thereof "Except as provided in subsection (d) of section 526 of the Tariff Act of 1930,". (c) Section 526 of the Tariff Act of 1930 (19 U.S.C. 1526) is amended by adding at the end of the following new subsection: "(e) Any such merchandise bearing a counterfeit mark (within the meaning of section 45 of the Act of July 5, 1946 (commonly referred to as the Lanham Act, 60 Stat. 427; 15 U.S.C. 1127)) imported into the United States in violation of the provisions of section 42 of the Act of July 5, 1946 (60 Stat, 440; 15 U.S.C. 1124), shall

92 STAT. 903

19 USC 1504 note.

Publication in Federal Register.

Rules and regulations.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/958

 92 STAT. 904

Repeals.

Fees.

19 USC 58a. 19 USC 1496a.

"Baggage and effects."

Study. 19 USC 1496a note.

PUBLIC LAW 95-410—OCT. 3, 1978 be seized and, in the absence of the written consent of the trademark owner, forfeited for violations of the customs laws. Upon seizure of such merchandise, the Secretary shall notify the owner of the trademark, and shall, after forfeiture, obliterate the trademark where feasible and dispose of the goods seized— "(1) by delivery to such Federal, State, and local government agencies as in the opinion of the Secretary have a need for such merchandise, "(2) by gift to such eleemosynary institutions as in the opinion of the Secretary have a need for such merchandise, "(3) more than 1 year after the date of forfeiture, by sale by appropriate customs officers at public auction under such regulations as the Secretary prescribes, except that before making any such sale the Secretary shall determine that no Federal, State, or local government agency or eleemosynary institution has established a need for such merchandise under paragraph (1) or (2), or "(4) if the merchandise is unsafe or a hazard to health, by destruction.". SEC. 212. Section 599 of the Tariff Act of 1930 (19 U.S.C. 1599) is amended by inserting "(other than a yacht or other pleasure boat)" after "part, any vessel". SEC. 213. The first sentence of section 27, Merchant Marine Act of 1920, as amended (46 U.S.C. 883), is further amended by deleting the word "thereof" where it first appears and by inserting in lieu thereof "of the merchandise (or a monetary amount up to the value thereof as determined by the Secretary of the Treasury to be recovered from any consignor, seller, owner, importer, consignee, agent, or other person or persons so transporting or causing said merchandise to be transported) ". SEC. 214. (a) Sections 2654, 4381, 4382, and 4383 of the Revised Statutes of the United States (19 U.S.C. 58 and 46 U.S.C. 329,330, and 333) are each repealed. (D) The Secretary may charge such fees as may be necessary to cover the costs of providing services similar to or the same as services furnished by customs officers under the sections repealed by subsection (a). SEC. 215. Except as otherwise provided by law, no individual returning to the United States from abroad shall be— (1) entitled to the admission of his or her baggage and effects free of duty without entry; or (2) entitled to expedited customs examination and clearance of his or her baggage and effects. Paragraph (2) shall not apply to individuals in special circumstances (including being seriously ill or infirm, having been summoned by news of affliction or disaster, and accompanying the body of a deceased relative). For purposes of this section, the term "baggage and effects" means any article which was in the possession of the individual while abroad and is being imported in connection with his or her arrival and is intended for his or her bona fide personal or household use. Such term does not include any article imported as an accommodation to others or for sale or other commercial use. SEC. 216. The Comptroller General, in cooperation with the Customs Service of the Department of the Treasury and the Immigration and Naturalization Service of the Department of Justice, shall study

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 PUBLIC LAW 95-410—OCT. 3, 1978 clearance procedures for individuals entering or reentering the United States. The study shall include an analysis and comparison of the clearance procedures employed by other countries for individuals entering or reentering such other countries and an analysis of the usefulness of preentry forms completed by travelers for use when entering or reentering the United States, The Comptroller General shall report the results of his study and any recommendations he may have for expediting the clearance process (including recommendations for legislation) to the Committee on Finance of the United States Senate and to the Committee on Ways and Means of the House of Representatives not later than September 1, 1979.

92 STAT. 905

Report to congressional committees.

TITLE III—CUSTOMS SERVICE APPROPRIATIONS AUTHORIZATION SEC. 301. For the fiscal year beginning October 1, 1979, and each 19 USC 2075. fiscal year thereafter, there are authorized to be appropriated to the Department of the Treasury for the United States Customs Service only such sums as may hereafter be authorized by law. TITLE IV—SEPARABILITY OF PROVISIONS SEC. 401. If any provision of this Act, or the application thereof to any person or circumstances, is held invalid, the remainder of the provisions of this Act and the application of such provisions to other persons or circumstances, shall not be affected thereby. Approved October 3, 1978.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 95-621 (Comm. on Ways and Means) and No. 95-1517 (Comm. of Conference). SENATE REPORT No. 95-778 (Comm. on Finance). CONGRESSIONAL RECORD: Vol. 123 (1977): Oct. 17, considered and passed House. Vol. 124 (1978): June 7, considered and passed Senate, amended. Aug. 25, Senate agreed to conference report. Sept. 19, House agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS: Vol. 14, No. 40 (1978): Oct. 4, Presidential statement.

19 USC 1652 note.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/960

 92 STAT. 906

PUBLIC LAW 95-411—OCT. 5, 1978

Public Law 95-411 95th Congress Joint Resolution Oct. 5, 1978 [SJ. Res. 154]

International Petroleum Exposition, Tulsa, Okla.

Authorizing the President to invite the States of the Union and foreign nations to participate in the International Petroleum Exposition to be held at Tulsa, Oklahoma, from September 10, 1979, through September 13, 1979.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States is authorized and requested to invite by proclamation, or in such other manner as he may deem proper, the States of the Union and foreign nations to participate in the International Petroleum Exposition to be held at Tulsa, Oklahoma, from September 10, 1979, through September 13, 1979, for the purpose of exhibiting machinery, equipment, supplies, and other products used in the production and marketing of oil and gas, and brmging together buyers and sellers for the promotion of foreign and domestic trade and commerce in such products. Approved October 5, 1978.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/961

 PUBLIC LAW 95-412—OCT. 5, 1978

Public Law 95-412 95th Congress

An Act

To amend section 201(a), 202(c) and 203(a) of the Immigration and Nationality Act, as amended, and to establish a Select Commission on Immigration and Refugee Policy.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 201(a) of the Immigration and Nationality Act is amended to read as follows: "SEC. 201. (a) Exclusive of special immigrants defined in section 101 (a) (27), and immediate relatives of United States citizens as specified in subsection (b) of this section, the number of aliens born in any foreign state or dependent area who may be issued immigrant visas or who may otherwise acquire the status of an alien lawfully admitted to the United States for permanent residence, or who may, pursuant to section 203(a)(7), enter conditionally, shall not in any of the first three quarters of any fiscal year exceed a total of seventy-seven thousand and shall not in any fiscal year exceed a total of two hundred and ninety thousand.". SEC. 2. Section 202(c) of the Immigration and Nationality Act is amended to read as follows: "(c) Any immigrant born in a colony or other component or dependent area of a foreign state overseas from the foreign state, other than a special immigrant, as defined in section 101(a) (27), or an immediate relative of a United States citizen, as defined in section 201(b), shall be chargeable for the purpose of the limitation set forth in section 202(a), to the foreign state, and the number of immigrant visas available to each such colony or other component or dependent area shall not exceed six hundred in any one fiscal year.". SEC. 3. Section 203(a) of the Immigration and Nationality Act is amended to delete "201(a)(1) or (2)" each place it appears in paragraphs one through seven and by substituting in lieu thereof "201 (a)". SEC. 4. (a) There is established a Select Commission on Immigration and Kefugee Policy (hereinafter in this section referred to as the "Commission") which shall be composed of— (1) four members appointed by the President, one of whom shall be designated by the President as Chairman; (2) the Secretary of State, the Attorney General, the Secretary of Labor, and the Secretary of Health, Education, and Welfare; (3) four members appointed by the Speaker of the House of Representatives from the membership of the House Committee on the Judiciary; and (4) four members appointed by the President pro tempore of the Senate from the membership of the Senate Committee on the Judiciary. (b)(1) A majority of the Commission shall constitute a quorum for the transaction of its business, but the Commission may provide for the taking of testimony and the reception of evidence at meetings at which there are present not less than four members of the Commission. (2) Each member of the Commission who is not otherwise in the service of the Government of the United States shall receive the sum of $100 for each day spent in the work of the Commission, shall be paid actual travel expenses, and per diem in lieu of subsistence expenses,

39-194 O—80—pt. 1

61: QL3

92 STAT. 907

Oct. 5, 1978 [H.R. 12443]

Immigration and Nationality Act, amendment. 8 USC 1151. 8 USC 1101.

8 USC 1153.

8 USC 1152.

8 USC 1153.

Select eommission on Immigration and Refugee Policy. Establishment. 8 USC 1151 note.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/962

 92 STAT. 908 5 USC 5701 et seq.

Study and evaluation.^ Recommendations to President and Congress.

8 USC 1101 note.

Report to President and Congress. Compensation.

PUBLIC LAW 95-412—OCT. 5, 1978 when away from his usual place of residence, in accordance with chapter 57 of title 5, United States Code. Each member of the Commission who is otherwise in the service of the Government of the United States shall serve without compensation in addition to that received for such other service, but while engaged in the work of the Commission shall be paid actual travel expenses, when away from his usual place of residence, in accordance with chapter 57 of title 5, United States Code. (c) It shall be the duty of the Commission to study and evaluate, in accordance with subsection (d), existing laws, policies, and procedures governing the admission of immigrants and refugees to the United States and to make such administrative and legislative recommendations to the President and to the Congress as are appropriate. (d) In particular, the Commission shall— (1) conduct a study and analysis of the effect of the provisions of the Immigration and Nationality Act (and administrative interpretations thereof) on (A) social, economic, and political conditions in the United States; (B) demographic trends; (C) present and projected unemployment in the United States; and (D) the conduct of foreign policy; (2) conduct a study and analysis of whether and to what extent the Immigration and Nationality Act should apply to the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, and the other territories and possessions of the United States; (3) review, and make recommendations with respect to the numerical limitations (and exemptions therefrom) of the Immigration and Nationality Act on the admission of permanent resident aliens; (4) assess the social, economic, political, and demographic impact of previous refugee programs and review the criteria for, and numerical limitations on, the admission of refugees to the United States; (5) conduct a comprehensive review of the provisions of the Immigration and Nationality Act and make legislative recommendations to simplify and clarify such provisions; (6) make semiannual reports to each House of Congress during the period before publication of its final report (described in paragraph (7)); and (7) make a final report of its findings and recommendations to the President and each House of Congress, which report shall be published not later than September 30, 1980. (e)(1) The Commission is authorized to appoint and fix the compensation of a staff director and such other additional personnel as may be necessary to enable the Commission to carry out its functions without regard to the civil service laws, rules, and regulations. Any Federal employee subject to those laws, rules, and regulations may be detailed to the Commission, and such detail shall be without interruption or loss of civil service status or privilege. (2) Staff members of the Committee on the Judiciary of the Senate or of the Committee on the Judiciary of the House of Representatives may be detailed to serve on the staff of the Commission by the chairman of the respective committee. Staff members so detailed shall serve on the staff of the Commission without additional compensation except that they may receive such reimbursement of expenses incurred by them as the Commission may authorize.

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 PUBLIC LAW 95-412—OCT. 5, 1978 (f) The Commission may call upon the head of any Federal department or agency to furnish information and assistance which the Commission deems necessary for the performance of its functions, and the heads of such departments and agencies shall furnish such assistance and information, unless prohibited under law, without reimbursement. (g) The Commission is authorized to make grants and enter into contracts for the conduct of research and studies which will assist it in performing its duties under this section. (h) The Commission shall cease to exist upon the filing of its final report, except that the Commission may continue to function for up to sixty days thereafter for the purpose of winding up its affairs. (i) There is authorized to be appropriated the sum of $700,000 to carry out the provisions of this section. (j) Notwithstanding any other provision of this Act, no payment, or authorization to make payments or to enter into contracts under this Act, shall be effective except to such extent, or in such amounts, as are provided in advance in appropriations Acts. SEC. 5. Notwithstanding any other provision of law, any refugee, not otherwise eligible for retroactive adjustment of status, who was or is paroled into the United States by the Attorney General pursuant to section 212(d)(5) of the Immigration and Nationality Act before September 30, 1980, shall have his status adjusted pursuant to the provisions of section 203(g) and (h) of that Act. Approved October 5, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1206 (Comm. on the Judiciary). CONGRESSIONAL RECORD, VoL 124 (1978): July 18, considered and passed House. Sept. 20, considered and passed Senate.

92 STAT. 909

Grants and contracts, Tennination. Appropriation authorization.

8 USC 1182 note, 8 USC 1182. 8 USC 1153.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/964

 92 STAT. 9 1 0

PUBLIC LAW 95-413—OCT. 5, 1978

Public Law 95-413 95th Congress An Act Oct. 5, 1978 [S. 3342] Standing Bear Lake, Nebr. Designation.

Glenn Cunningham Lake. Designation.

rpQ name a lake which has been completed as part of the Papillion Creek basin project as the "Standing Bear Lake". Be it enacted by the Senate and House of Repn'sentatlves of the United States of America in Congress assembled, That (a) the lake known as the Military Lake, which has been completed on site 16 (as described in House Document Numbered 349, Ninetieth Congress) of such Papillion Creek basin project, shall hereafter be known and designated as the " S t and i n g Bear Lake". Any reference in any law, map, regulation, document, record, or other paper of the United States shall be held to be a reference to the S t and i n g Bear Lake. (b) The lake known as the Irvington Lake, which has been completed on site 11 (as described in House Document Numbered 349, Ninetieth Congress) of the Papillion Creek basin project authorized under the heading Missouri E i v e r basin in section 203 of the Flood Control Act of 1970 (82 Stat. 743), shall, as of September 10, 1982, be known and designated as the "Glenn Cunningham Lake". Any reference in any law, m a p, regulation, document, record, or other paper of the United States to such lake shall be held to be a leference to the Glenn Cunningham Lake after September 10, 1982. Approved October 5, 1978.

LEGISLATIVE HISTORY: SENATE REPORT No. 95-1037 (Comm. on Environment and Public Works). CONGRESSIONAL RECORD, Vol. 124 (1978): July 28, considered and passed Senate. July 31, passage vitiated. Sept. 20, reconsidered and passed Senate. Sept. 25, considered and passed House.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/965

 PUBLIC LAW 9 5 - 4 1 4 ^ 0 C T. 5, 1978

92 STAT. 911

Public Law 95-414 95th G)ngress An Act To authorize the Smithsonian Institution to acquire the Museum of African Art, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. The Board of Regents of the Smithsonian Institution (hereinafter in this Act referred to as the "Board") is authorized to accept a deed or other instrument donating and transferring to the Smithsonian Institution, the land and improvements thereto, collections of works of art, and all other assets and property of the Museum of African Art. SEC. 2. There is established in the Smithsonian Institution a bureau which shall be known as the "Museum of African Art" (hereinafter in this Act referred to as the "Museum"). The functions of such bureau shall be those authorized by section 3(a). SEC. 3. (a) For the purpose of carrying out sections 1 and 2 of this Act, the Board may— (1) purchase, accept, borrow, or otherwise acquire additional works of art or any other real or personal property for the Museum; (2) preserve, maintain, restore, display, loan, transfer, store, or otherwise hold any property of whatsoever nature acquired pursuant to section 1 or paragraph (1) of this subsection; (3) conduct programs of research and education; and (4) subject to any limitations otherwise expressly provided by law, and, in the case of any gift, subject to any applicable restrictions under the terms of such gift, sell, exchange, or otherwise dispose of any property of whatsoever nature acquired pursuant to the provisions of this Act: Provided, That the proceeds from the sale of any property acquired pursuant to section 1 shall be designated for the benefit of the Museum. (b) In carrying out the purposes of this Act, the Board shall consider the recommendations of the Commission established pursuant to section 4. SEC. 4. (a) There is established a Commission for the Museum of African Art (hereinafter the "Commission") which shall provide advice and assistance to the Board concerning the operation and development of the Museum, its collections and programs. (b) The Commission shall consist of fifteen members to be appointed by the Board. In addition, the Secretary and an Assistant Secretary of the Smithsonian Institution shall serve as ex officio members. The Board shall appoint to the first term on the Commission no less than ten members of the Board of Trustees of the Museum of African Art who are serving on the date of the enactment of this Act>. Each

Oct. 5, 1978 [S. 2507]

Smithsonian Institution. Museum of African Art, transfer. 20 USC 80k. Establishment. 20 USC 80/.

Functions. 20 USC 80m.

eommission for the Museum of African Art. Establishment. 20 USC 80n. Membership.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/966

 92 STAT. 912

Term.

Compensation.

20 USC 80o.

5 USC 5101 et seq.

5 USC 5331.

Funds.

20 USC 80p.

Appropriation authorization.

PUBLIC LAW 95-414—OCT. 5, 1978 initial member so appointed shall serve for a three-year term. Thereafter, in appointing members of the Commission the Board shall continue to include representatives of African descendents in the United States, collectors of African Art, and scholars in the fields of African art and culture. (c) Members of the Commission shall be appointed to serve for a three-year term, except that after the appointment of the first term of the Commission as specified in subsection (b), the terms of office of members next appointed shall expire, as designated by the Board at the time of appointment, one-third at the end of one year, one-third at the end of two years, and one-third at the end of three years. Any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term. Members may be reappointed. (d) A majority of the appointed members of the Commission shall constitute a quorum and any vacancy in the Commission shall not affect its power to function. (e) Members of the Commission shall be reimbursed for travel, subsistence, and other necessary expenses incurred by them in the performance of their duties. (f) The Commission shall select officers, from among its members biennially and shall make bylaws to carry out its functions under this Act. SEC. 5. The Board may appoint and fix the compensation and duties of the Director and such other officers and employees of the Museum as may be necessary for the efficient administration, operation, and maintenance of the Museum; the Director and two other employees of the Museum may be appointed and compensated without regard to the provisions of title 5 governing appointments in the competitive service and chapter 51 and subchapter III of chapter 53 of title 5; and all of the employees of the Museum who are serving on the date of the transfer authorized under section 1 shall be offered employment by the Smithsonian under its usual terms of employment and may be appointed without regard to the provisions of title 5 governing appointments in the competitive service and chapter 61 and subchapter III of chapter 53 of title 5. SEC. 6. (a) The faith of the United States is pledged that upon the completion of the acquisition in section 1, the United States will provide such funds as may be necessary for the upkeep of the Museum and the administrative expenses and costs of operation thereof, including the protection and care of works of art acquired by the Board, so the Museum shall at all times be properly maintained and works of art contained therein shall be exhibited regularly to the general public free of charge. (b) There is authorized to be appropriated for the first fiscal year under this Act, the sum of $1,000,000 and such amounts as may be necessary for the succeeding fiscal years in order to carry out the provisions of this Act.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/967

 PUBLIC LAW 95-414—OCT. 5, 1978

92 STAT. 913

SEC. 7. Except for the provisions in sections 1 and 6(b), the pro- Effective date. visions of this Act shall take effect on the date of transfer of a deed or 20 USC 80k note. other instrument under the provisions of section 1. Approved October 5, 1978.

,,

i;

•uy,

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1417 accompanying H.R. 10792 (Comm. on House Administration). SENATE REPORT No. 95-793 (Comm. on Rules and Administration). CONGRESSIONAL RECORD, Vol. 124 (1978): May 16, considered and passed Senate. Sept. 18, considered and passed House, amended, in lieu of H.R. 10792. Sept. 22, Senate concurred in House amendment. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 14, No. 40: Oct. 5, Presidential statement.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/968

 92 STAT. 914

PUBLIC LAW 95-415—OCT. 5, 1978

Public Law 95-415 95th Congress Joint Resolution Oct. 5, 1978 [H.J. Res. 1088] New York City, financial assistance. 31 USC 1531 note. Ante, p. 460.

Providing financial assistance for the city of New York.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Treasury is authorized to guarantee the payment of principal and interest on loans in accordance with the provisions of the New York City Loan Guarantee Act of 1978 in amounts not to exceed $1,650,000,000 in principal outstanding at any time, and there is hereby appropriated effective October 1, 1978, such amounts as may be necessary for payment of principal and interest on loans in default and guaranteed pursuant to the New York City Loan Guarantee Act of 1978, to remain available until September 30, 1998. Approved October 5, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1404 (Comm. on Appropriations). SENATE REPORT No. 95-1192 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 124 (1978): Sept. 6, considered and passed House. Sept. 20, considered and passed Senate.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/969

 PUBLIC LAW 95-416—OCT. 5, 1978

92 STAT. 915

Public Law 95-416 95th Congress \ n Act To amend chapter 21 of title 44, United States Code, to include new provisions relating to the acceptance and use of records transferred to the custody of the Administrator of General Services.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That chapter 21 of title 44, United States Code, is amended as follows: (a) In section 2103 delete the words "fifty years" in subsection (2) and substitute in lieu thereof the words "thirty years". (b) Section 2104 of title 44, United States Code, is amended^— (1) by inserting "(?-)" immediately before "The Administrator"; (2) by striking out the third and fourth sentences therein and inserting in lieu thereof the following "Except as provided in subsection (b) of this section, when the head of a Federal agency states, in writing, restrictions that appear to him to be necessary or desirable in the public interest with respect to the use or examination of records being considered for transfer from his custody to the Administrator of General Services, the Administrator shall, if he concurs, and in consultation with the Archivist of the United States, impose such restrictions on the records so transferred, and may not relax or remove such restrictions without the written concurrence of the head of the agency from which the material was transferred, or of his successor in function, if any. In the event that a Federal agency is terminated and there is no successor in function, the Administrator is authorized to relax, remove, or impose restrictions on such agency's records when he determines that such action is in the public interest. Statutory and other restrictions referred to in this subsection shall remain in force until the records have been in existence for thirty years unless the Administrator of General Services by order, having consulted with the Archivist and the head of the transferring Federal agency or his successor in function, determines, with respect to specific bodies of records, that for reasons consistent with standards established in relevant statutory law, such restrictions shall remain in force for a longer period."; and (3) by adding at the end thereof the following new subsection: "(b) With regard to the census and survey records of the Bureau of the Census containing data identifying individuals enumerated in population censuses, any release pursuant to this section of such identifying information contained in such records shall be made by the

Oct. 5. 1978 [S. 1265]

GSA. Transferred records, relating to acceptance sind

Census Bureau, release of information from records; agreement with GSA.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/970

 92 STAT. 916

Publication in

PUBLIC LAW 95-416—OCT. 5, 1978 Administrator of General Services pursuant to the specifications and agreements set forth in the exchange of correspondence on or about the date of October 10, 1952, between the Director of the Bureau of the Census and the Archivist of the United States, together with all amendments thereto, now or hereafter entered into between the Director of the Bureau of the Census and the Archivist of the United States. Such amendments, if any, shall be published in the Register.".

Federal Register.

Approved October 5, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1522 (Comm. on Government Operations). SENATE REPORT No. 95-710 (Comm. on Governmental Affairs). CONGRESSIONAL RECORD, Vol. 124 (1978): Apr. 3, considered and passed Senate. Sept. 25, considered and passed House.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/971

 PUBLIC LAW 95-417—OCT. 5, 1978

Public Law 95-417 95th Congress

92 STAT. 917

An Act

To amend the Immigration and Nationality Act to facilitate the admission into the United States of more than two adopted children, and to provide for the expeditious naturalization of adopted children. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That section 203(a) (8) of the Immigration and Nationality Act is amended by adding the following sentences: "No immigrant visa shall be issued under this paragraph to an adopted child or prospective adopted child of a United States citizen or lawfully resident alien unless (A) a valid home-study has been favorably recommended by an agency of the State of the child's proposed residence, or by an agency authorized by that State to conduct such a study, or, in the case of a child adopted abroad, by an appropriate public or private adoption agency which is licensed in the United States; and (B) the child has been irrevocably released for immigration and adoption: Provided, That no natural parent or prior adoptive parent of any such child shall thereafter, by virtue of such parentage, be accorded any right, privilege, or status under this Act. No immigrant visa shall otherwise be issued under this paragraph to an unmarried child under the age of sixteen except a child who is accompanying or following to join his natural parent.. SEC. 2. Section 204(c) of the Immigration and Nationality Act is amended to delete the language "no more than two petitions may be approved for one petitioner in behalf of a child as defined in section 101(b)(1)(E) or (F) unless necessary to prevent the separation of brothers and sisters and". SEC. 3. Subsection (e) of section 204 of the Immigration and Nationality Act is renumbered subsection (f) and a new subsection (e) is inserted to read as follows: "(e) Notwithstanding the provisions of subsections (a) and (b) no petition may be approved on behalf of a child defined in section 101(b)(1)(F) unless a valid home-study has been favorably recommended by an agency of the State of the child's proposed residence, or by an agency authorized by that State to conduct such a study, or, in the case of a child adopted abroad, by an appropriate public or private adoption agency which is licensed in the United States.". SEC. 4. Paragraphs (1) and (2) of section 320(a) of the Immigration and Nationality Act are amended to delete the word "sixteen" and substitute in lieu thereof the word "eighteen", and subsection (b) of section 320 is amended to read as follows: "(b) Subsection (a)(1) of this section shall apply to a child adopted while under the age of sixteen years who is residing in the United States at the time of naturalization of such adoptive parent, in the custody of his adoptive parents, pursuant to a lawful admission for permanent residence.".

Oct. 5, 1978 [H.R. 12508]

Immigration and Nationality Act, amendment.

8 USC 1153.

8 USC 1154. 8 USC 1101. 8 USC 1154.

8 USC 1431.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/972

 92 STAT. 918 8 USC 1432.

8 USC 1433,

Repeal. 8 USC 1434.

PUBLIC LAW 95-417—OCT. 5, 1978 SEC. 5. Paragraphs (4) and (5) of section 321(a) of the Immigration and Nationality Act are amended to delete the word "sixteen" and substitute in lieu thereof the word "eighteen", and subsection (b) of section 321 is amended to read as follows: "(b) Subsection (a) of this section shall apply to a child adopted while under the age of sixteen years who is residing in the United States at the time of naturalization of such adoptive parent or parents, in the custody of his adoptive parent or parents, pursuant to a lawful admission for permanent residence.". SEC. 6. Subsection (b) of section 322 of the Immigration and Nationality Act is amended to read as follows: "(b) Subsection (a) of this section shall apply to a child adopted while under the age of sixteen years who is residing in the United States, in the custody of the adoptive parent or parents, pursuant to a lawful admission for permanent residence.". SEC. 7. Section 323 of the Immigration and Nationality Act and the title preceding that section are hereby repealed. SEC. 8. The table of contents, title III, chapter 2, is amended by deleting the following: "Sec, 323. Children adopted by United States citizens,". Approved October 5, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No, 95-1301 (Comm, on the Judiciary). CONGRESSIONAL RECORD, Vol, 124 (1978): July 18, considered and passed House, Sept. 20, considered and passed Senate.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/973

 PUBLIC LAW 95-418—OCT. 5, 1978

92 STAT. 919

Public Law 95-418 95th Congress An Act To name a certain Federal building in Jonesboro, Arkansas, the "E. C. 'Took' Gathings Building". Be it CTmcted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Federal building located at 615 South Main Street in Jonesboro, Arkansas, is hereby designated as the " E. C. 'Took' Gathings Building". Any reference in any law, regulation, document, record, m a p, or other paper of the United States to such building shall be considered to be a reference to the E. C. "Took" Gathings Building. Approved October 5, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1468 (Comm. on Public Works and Transportation). CONGRESSIONAL RECORD, Vol. 124 (1978): Sept. 18, considered and passed House. Sept. 22, considered and passed Senate.

Oct. 5, 1978 [H.R. 8812] E. C. "Took" Gathings Building, ^ Designation,

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Page:United States Statutes at Large Volume 92 Part 1.djvu/974

 92 STAT. 920

PUBLIC LAW 95-419—OCT. 5, 1978

Public Law 95-419 95th Congress Joint Resolution —Oct. 5, 1978— [HJ. Res. 1007]

Authorizing and requesting the President to proclaim the 7-day period beginning on May 4, 1979, a s "Asian/Pacific American Heritage Week".

Asian/Pacific American Heritage Week. Designation au onza ion.

Resolved by the Senate and House of Representatives of the United States of America in Congress assemhJed, That the President is hereby authorized and requested to issue a proclamation designating the 7-day period beginning on May 4, 1979, as "Asian/Pacific American Heritage Week" and calling upon the people of the United States, especially the educational community, to observe such week with appropriate ceremonies and activities. Approved October 5, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1335 (Comm. on Post Office and Civil Service). CONGRESSIONAL RECORD, Vol. 124 (1978): July 10, considered and passed House. Sept. 19, considered and passed Senate.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/975

 PUBLIC LAW 95-420—OCT. 5, 1978

92 STAT. 921

Public Law 95-420 95th Congress An Act To authorize appropriations to carry out conservation programs on military reservations and public lands duringfiscalyears 1979, 1980, and 1981. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Sikes Act Amendments of 1978". SEC. 2. Section 106 of the Act of September 15, 1960 (16 U.S.C. 670f(b)) is amended by striking out subsection (b) and inserting in lieu thereof the following new subsections: "(b) There are authorized to be appropriated to the Secretary of Defense not to exceed $1,500,000 for each of the fiscal years ending September 30, 1979, September 30, 1980, and September 30, 1981, to carry out this title, including the enhancement of fish and wildlife habitat and the development of public recreation and other facilities. The Secretary of Defense shall, to the greatest extent practicable, enter into agreements to utilize the services, personnel, equipment, and facilities, with or without reimbursement, of the Secretary of the Interior in carrying out the provisions of this section. "(c) There are authorized to be appropriated to the Secretary of the Interior not to exceed $3,000,000 for each of the fiscal years ending September 30, 1979, September 30, 1980, and September 30, 1981, to carry out such functions and responsibilities as the Secretary may have under cooperative plans to which such Secretary is a party under this section, including those for the enhancement of fish and wildlife habitat and the development of public recreation and other facilities.". SEC. 3. Section 209 of the Act of September 15, 1960 (16 U.S.C. 670o), is amended to read as follows: "SEC. 209. (a) There are authorized to be appropriated the sum of $10,000,000 for each of the fiscal years ending September 30, 1979, September 30, 1980, and September 30, 1981, to enable the Secretary of the Interior to carry out his functions and responsibilities under this title, including data collection, research, planning, and conservation and rehabilitation programs on public lands. Such funds shall be in addition to those authorized for wildlife, range, soil, and water management pursuant to section 318 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1748), or other provisions of law.

Oct. 5, 1978 [H.R. 13745]

Sikes Act Amendments of 1978. 16 USC 670a note. Appropriation authorizations.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/976

 92 STAT. 922

PUBLIC LAW 95-420—OCT. 5, 1978 " (b) There are authorized to be appropriated the sum of $12,000,000 for each of the fiscal years ending September 30, 1979, September 30, 1980, and September 30, 1981, to enable the Secretary of Agriculture to carry out his functions and responsibilities under this title. Such funds shall be in addition to those provided under other provisions of law. In requesting funds under this subsection the Secretary shall take into account fish and wildlife program needs, including those for projects, identified in the State comprehensive plans as contained in the program developed pursuant to the Forest and Rangeland Renewable Resources Planning Act of 1974, as amended (16 U.S.C. 16011610).". Approved October 5, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1519 (Comm. on Merchant Marine and Fisheries). CONGRESSIONAL RECORD, Vol. 124 (1978): Sept. 19, considered and passed House. Sept. 25, considered and passed Senate. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 14, No. 40: Oct. 6, Presidential statement.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/977

 PUBLIC LAW 95-421—OCT. 5, 1978

92 STAT. 923

Public Law 95-421 95th Congress An Act To amend the Rail Passenger Service Act to extend the authorizations of appropriations for an additional fiscal year, to provide for public consideration and implementation of a rail passenger service study, and for other purposes.

Oct. 5.1978 [S. 3040]

Be it enacted by the Senate and House of Representatives of the Amtrak United States of America in Congress assembled, SHORT TTTLiB

SECTION

Improvement Act of 1978. 45 USC 501 note.

1. I'his Act may be cited as the "Amtrak Improvement Act

of 1978". AUTHORIZATION OF APPROPRIATIONS

SEC. 2. (a) Section 601(a)(1) of the Rail Passenger Service Act (45 U.S.C. 601 (a)(1)) is amended— (1) in clause (1) thereof (A) by striking out "except for" and all that follows through "sentence" and inserting in lieu thereof "including the payment of the additional operating expenses of the Corporation which result ffom the operation and maintenance of the Northeast Corridor pursuant to title VII of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 851 et seq.)", (B) by striking out "and" immediately after "1977,", and (C) by inserting ", and not to exceed $600,000,000 for the fiscal year ending September 30, 1979" immediately after "1978"; (2) in clause (2) thereof (A) by striking out "and" immediately after "1977,", and (B) by striking out "1978;" and inserting in lieu thereof "1978, and not to exceed $130,000,000 for the fiscal year ending September 30, 1979, which shall include funds for expenditures for compatible equipment under section 703(5) of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 853(5)); and"; (3) by striking out clause (3) and redesignating clause (4), and all references thereto, as clause (3); and (4) in clause (3) thereof, as so redesignated, by inserting ", and not to exceed $25,000,000 for the fiscal year ending September 30, 1979" immediately after "1978". (b)(1) Section 60i (a)(2) of such Act (45 U.S.C. 601(a)(2)) is amended by striking out "subsection (a)(4) " and inserting in lieu (2) Section 602(d) of such Act (45 U.S.C. 602(d)) is amended by striking out "clause (4) " and inserting in lieu thereof "clause (3) " BUDGET ESTIMATES

SEC. 3. Subsection (b) of section 601 of the Rail Passenger Service Repeal. Act (45 U.S.C. 601 (b)) is repealed. ROUTE REXAMINATION

SEC. 4. (a) The Secretary of Transportation (hereinafter in this sec- Preliminary tion referred to as the "Secretary"), in cooperation with the National recommendations Railroad Passenger Corporation (hereinafter in this section referred for route system. 45 USC 521 note.

39-194 O—80—pt. 1

62: QL3

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Page:United States Statutes at Large Volume 92 Part 1.djvu/978

 92 STAT. 924

PUBLIC LAW 95-421—OCT. 5, 1978

to as the "Corporation"), shall immediately develop preliminary recommendations for a route system for the Corporation which will provide and optimal intercity railroad passenger system, based upon current and future market and population requirements, including where appropriate portions of the Corporation's existing route system. In developing such recommendations, the Secretary shall consider— (1) any unique characteristics and advantages of rail service as compared to other modes of transportation; (2) the role that rail passenger service can play in helping meet the Nation's transportation needs while furthering national energy iA conservation efforts; (3) the relationship of benefits of given intercity rail passenger .3i-jfj '»• • * K.. >.' services to the costs of providing such services, computing the i benefits in passenger per train mile and revenues earned and computing the costs in loss or profit per passenger mile rather than total loss or profit per route; (4) the transportation needs of areas lacking adequate alterna'^' tive forms of transportation; (5) frequency and fare structure alternatives and the impact of such alternatives on ridership, revenues, and expenses of rail passenger service; and (6) the adequacy of other transportation modes serving the same points to be served by the recommended route system. Copies of route (b) The Secretary shall, no later than May 1, 1978, develop and system publish the preliminary recommendations described in subsection (a) recommendations, of this section and submit a copy of such recommendations to the Rail Services Planning Office and to both Houses of the Congress. The Secretary shall at that time also provide copies of the preliminary recommendations to the Corporation, the Office of Rail Public Counsel, the Interstate Commerce Commission, the Secretary of Energy, the Governor, department of transportation, and public utilities commission of each State in which rail passenger service is proposed to be modified, the railroads affected by such recommendations, the labor organiza45 USC 151. tions authorized under the Railway Labor Act to represent railroad employees, and the United States Postal Service. In addition, copies of the preliminary recommendations shall be made available by the Secretary to interested persons at a reasonable cost. Such recommendations shall include— (1) a recommended route system by end points and principal intermediate points to be served; (2) quality and type of service recommended for each route, including frequency, speed, and classes of services offered; (3) ranges of projected operating expenses, ridership, and revenues, by route, including a measure calculated by loss or profit per passenger mile and separated for non-State supported routes and State supported routes; (4) an estimate of the equipment and facilities necessary to support the recommended system; ••: y(5) a recommendation for coordinating passenger rail service at points on the system with other modes of transportation serving such points; and (6) based upon the route level projections, an estimate of operating and capital appropriations required to operate the system ' -f-f' for fiscal years 1980 through 1984.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/979

 PUBLIC LAW 95-421—OCT. 5, 1978

92 STAT. 925

(c) During the period beginning May 1, 1978, and ending August 31, 1978, the Bail Services Planning Office shall conduct public hearings on the preliminary recommendations developed by the Secretary under this section. Such public hearings shall be held in such places and at such times as the Office determines will afford the affected States and communities the greatest opportunity to participate. The Office of Eail Public Counsel, to the extent practicable, shall provide the services of attorneys and such other personnel as may be required in order to protect the interests of those communities and usere of rail passenger service which the Director of the Office of Rail Public Counsel determines, for whatever reason (such as size or location), might not otherwise be adequately represented in the course of the hearings and evaluations which the Rail Services Planning Office is required to conduct. During such period, in addition to holding public hearings, the Rail Services Planning Office shall invite comment on such recommendations from the Corporation, the Interstate Commerce Commission, the Secretary of Energy, the Governor, department of transportation, and public utilities commission of each State in which rail passenger service is proposed to be modified, the railroads affected by such recommendations, the labor organizations authorized under the Railway Labor Act to represent railroad employees, interested citizens groups, and the United States Postal Service. (d) The Rail Services Planning Office shall, no later than September 30, 1978, submit to the Secretary a sununary and analysis of the evidence received in the course of its proceedings conducted under subsection (c) of this section, together with its critique and evaluation of the preliminary recommendations of the Secretary. The Secretary shall thoroughly consider the material submitted by the Office with respect to such recommendations and, based on such consideration (and further evaluations of the Secretary), develop final recommendations for a route system for the Corporation as he deems appropriate. In developing such final recommendations, the Secretary shall also consider the impact of such recommendations upon existing tourism markets and the potential for future tourism in areas to be served by the recommended route system. Such final recommendations shall include a summary of the significant recommendations received, together with the reasons for adopting or not adopting any such recommendation. (e)(1) The Secretary shall, no later than December 31, 1978, submit the final recommendations designating the basic route system, together with supporting and explanatory material, to both Houses of the Congress and to the Committee on Appropriations and the Committee on Interstate and Foreign Commerce of the House of Representatives and the Committee on Appropriations and the Committee on Commerce, Science, and Transportation of the Senate. The final recommendations shall be deemed approved, and shall take effect, at the end of the first period of 90 calendar days of continuous session of the Congress after such date of submission, unless either the House of Representatives or the Senate adopts a resolution during such period stating that it does not favor such final recommendations. (2) If either the House of Representatives or the Senate adopts a resolution of disapproval under paragraph (1), the Secretary shall.

Public hearings.

Summary and analysis.

Final recommendations to Congress and congressional committees. Approval, effective date.

Revised plan, submittal to Congress.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/980

 92 STAT. 926

Route system, modified or restructured, prohibition.

PUBLIC LAW 95-421—OCT. 5, 1978 within 45 days after the date of adoption, determine and resubmit a revised recommendation. Each such revised plan shall be submitted to the Congress for review pursuant to paragraph (1) of this subsection. (3) For the purposes of this subsection— (A) continuity of a session of the Congress is broken only by an adjournment sine die; and (B) the days on which either House is not in session because of an adjournment for more than 3 days to a day certain are excluded in computing the 90-day period. (f) Notwithstanding any other provison of law, the route system of the Corporation in effect on January 1, 1978, shall not be modified or restructured prior to October 1, 1979, except with respect to those routes initiated by the Corporation subsequent to January 1, 1978, pursuant to section 404(a) of the Rail Passenger Service Act (45 U.S.C. 564(a)). Nothing in this subsection shall be construed by the Corporation as precluding the rerouting of existing rail passenger service, or construed as requiring the Corporation to maintain service provided under an agreement with a State pursuant to section 403(b) of the Rail Passenger Service Act (45 U.S.C. 563(b)) if such State fails to meet its share of the costs of such service or requests discontinuance of such service. (g) Subject to subsection (f) of this section, immediately upon approval of the final recommendations of the Secretary, the Corporation shall implement the basic route system designated in such recommendations and shall complete such implementation as soon thereafter as possible, but in no event later than 12 months after the date of such approval. (h)(1) The provisions of section 404(c'i (1) of the Rail Passenger Service Act (45 U.S.C. 564(c)(1)), including the criteria and procedures developed under such section, shall not apply to the preliminary or final recommendations developed by the Secretary under this section. After the date of approval of the basic system designated in the final recommendations of the Secretary, any additions, deletions, or modifications in such basic svstem may be made by the Corporation in accordance with the criteria and procedures developed under such section 404(c)(1). (2) During the period beginning on the date of enactment of this section, and ending 12 months after the date of approval of the new basic route system designated by the Secretary under this section, the provisions of section 801(a) of the Rail Passenger Service Act (45 U.S.C. 641 (a)) (including the regulations of the Commission promulgated thereunder) shall not apply to the development or implementation of the new basic route system. (i) Subject to subsection (f) of this section, the basic system designated in the final recommendations of the Secretary shall, after the date upon which such recommendations are approved, supersede any other system or route previously in effect. RAIL PASSENGER SERVICE REPORT

SEC. 5. Section 703(2) of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 853 (2)) is amended— (1) by inserting " (A) " immediately after "TRANSPORTATION.—';and

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Page:United States Statutes at Large Volume 92 Part 1.djvu/981

 PUBLIC LAW 95-421—OCT. 5, 1978 (2) by adding at the end thereof the following new subparagraph: "(B) Within one year after the date of the enactment of this subparagraph, the submission by the Secretary to the Congress of a report on the conflict between the needs of commuter rail passenger service and the needs of intercity rail passenger service in the Northeast Corridor and on the allocation of access rights to key Northeast Corridor terminals, especially Pennsylvania Station in New York, New York.".

92 STAT. 927

Report to G)ngre88.

STUDY OF RELATIONSHIP OF AMTRAK FARE STRUCTURE TO THE INTERCITY BUS INDUSTRY

SEC. 6. The Comptroller General shall, in consultation with the Secretary of Transportation and the Interstate Commerce Commission, conduct a study of the economic relationship of the fare structure of the National Railroad Passenger Corporation to the intercity bus industry. The Comptroller General shall, no later than December 31, 1978, submit a report to the Congress setting forth the results of such study.

Report to G>ngre88.

HEARINGS ON U N F A I R OR PREDATORY PRACTICES

SEC. 7. Notwithstanding the provisions of section 306 of the Rail 45 USC 546a. Passenger Service Act (45 U.S.C. 546), the Interstate Commerce Commission shall have, upon the application of any aggrieved motor carrier, jurisdiction under any applicable provision of part 1 of the Interstate Commerce Act over any rate, fare, charge, or marketing 7*05*, p. 1337. practice of the National Railroad Passenger Corporation with respect to any route or service which operates at a loss for the purpose of hearing the complaint over an unfair or predatory practice. NORTHEAST

CORRIDOR

SEC. 8. Section 703 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 853) is amended— (1) in paragraph (l)(A)(i) thereof, by inserting "at most" immediately before "a 3-hour-and-40-minute" and "a 2-hour-and40-minute", respectively; (2) in paragraph (1)(B) thereof, by inserting "or other responsible parties" immediately after "(or local or regional transportation authorities)"; and (3) by adding at the end thereof the following new paragraph: " (5) CoMPATABLE EQUIPMENT.—The Secretary shall develop economical and reliable rolling stock and related equipment designed to be compatible with the track, operating, and marketing characteristics of the Northeast Corridor at and after the completion of the Northeast Corridor improvement project, including the capability to reliably meet the trip times set forth in paragraph (1)(E) of this section in regularly scheduled revenue service in the Northeast Corridor. The Secretary shall consult with the Corporation in the development of such equipment. Before purchasing such equipment with Federal financial assistance, the Corporation shall obtain the Secretary's concurrence that the equipment meets the goals specified in this paragraph. The Corporation shall submit requests for authorization of appropriations

Requests for appropriation authorizations.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/982

 92 STAT. 928

PUBLIC LAW 95-421—OCT. 5, 1978 for the production of such equipment and shall, together with the Secretary, include equipment planning in the reports required by paragraph (1)(E) of this section.". EXPENSES OF ELECTRIFICATION

CONVERSION

SEC. 9. Section 704(a)(1) of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 854(a)(1)) is amended by inserting immediately before the semicolon at the end thereof the following: ", of which not less than $27,000,000 shall be available to finance the cost of the equipment modification and replacement which States (or local or regional transportation authorities) will be required to bear as a result of the electrification conversion system of the Northeast Corridor pursuant to this title". PURCHASES o r

'United States."

DOMESTIC ARTICLES, MATERIALS, AND SUPPLIES

SEC, 10. Section 305 of the Rail Passenger Service Act (45 U.S.C. 545) is amended by adding at the end thereof the following new subsection: "(j)(1) Except as provided in paragraph (2) or (3) of this subsection, the Corporation shall purchase only— "(A) unmanufactured articles, materials, and supplies which have been mined or produced in the United States; and "(B) manufactured articles, materials, and supplies which have been manufactured in the United States substantially all from articles, materials, and supplies mined, produced, or manufactured, as the case may be, in the United States. "(2) The Secretary may, upon application of the Corporation, exempt the Corporation from the requirements of paragraph (1) of this subsection with respect to the purchase of particular articles, materials, or supplies, if the Secretary determines that— "(A) imposing such requirements with respect to such articles, materials, or supplies is inconsistent with the public interest; "(B) the cost of imposing such requirements with respect to such articles, materials, or supplies is unreasonable; or "(C) such articles, materials, or supplies or the articles, materials, or supplies from which they are manufactured are not mined, produced, or manufactured, as the case may be, in the United States in sufficient and reasonably available commercial quantities and of a satisfactory quality. " (3) The provisions of this subsection shall not apply— "(A) in any case in which the cost of the articles, materials, or supplies purchased is less than $1,000,000; or "(B) in the case of articles, materials, or supplies purchased pursuant to a contract entered into before the date of enactment of this subsection. "(4) For purposes of this subsection, the term 'United States' means the several States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States.". FOR-PROFIT STATUS OF AMTRAK

SEC. 11. The second sentence of section 301 of the Rail Passenger Service Act (45 U.S.C. 541) is amended by inserting "operated and managed as" immediately before "a for profit corporation".

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Page:United States Statutes at Large Volume 92 Part 1.djvu/983

 PUBLIC LAW 95-421—OCT. 5, 1978 COMMON STOCK

92 STAT. 929

OWNERSHIP

SEC. 12. The Secretary of Transportation shall evaluate the common Report to stock ownership of the National Railroad Passenger Corporation and Congress, shall, no later than December 31, 1978, submit a report to the Congress setting forth his recommendations with respect to retention, retirement, or conversion of such common stock. In making such recommendations, the Secretary shall consider the best interests of the United States. RAILROAD SAFETY SYSTEM PROGRAM

SEC. 13. Title VIII of the Rail Passenger Service Act (45 U.S.C. 641 et seq.) is amended by adding at the end thereof the following new section: "SEC. 807. RAILROAD SAFETY SYSTEM PROGRAM

45 USC 646.

"(a) No later than January 1, 1979, the Corporation shall, in consultation with railroad labor organizations, develop and implement a Rail Safety System Program for employees working on property owned by the Corporation. Such program shall be designed to serve as a model for other railroads to use in developing safety programs. "(b) The Railroad Safety System Program required under this section shall include but not be limited to— " (1) a periodic analysis of accident data, including primary and secondary causes, if known; " (2) a periodic evaluation of the activities undertaken under the Program, particularly the specific steps taken in response to accident causes; "(3) a periodic identification of the expenditures for occupational health and safety activities included in the Program; " (4) a periodic identification of the reduction of costs, fatalities, and casualties resulting from accident prevention under the Program; "(5) a periodic identification of direct accident costs, including claims arising out of such accidents; and "(6) an identification and evaluation of such other information or data as the Corporation considers necessary or appropriate.". CONVERSION

O F RAILROAD

TERMINALS

"SEC. 14. Paragraphs (2), (3), and (5) of section 4(i) of the Department of Transportation Act (49 U.S.C. 1653(i)(2), (3), and (5)) are amended by striking out "60 per centum" each place it appears and inserting in lieu thereof "80 per centum". FACILITY AND SERVICE AGREEMENTS

SEC. 15. The third sentence of section 402(a) of the Rail Passenger Service Act (45 U.S.C. 562(a)) is amended by inserting "or for the use of tracks and facilities" immediately after "provision of services". REIMBURSEMENT FOR STAFF SERVICES

SEC. 16. Section 403(b)(1) of the Rail Passenger Service Act (45 U.S.C. 563(b)(1)) is amended by adding at the end thereof the following new sentence: "The State or agency shall be entitled to reimburse-

_ '

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Page:United States Statutes at Large Volume 92 Part 1.djvu/984

 92 STAT. 930

PUBLIC LAW 95-421—OCT. 5, 1978 ment for staff services in an amount equal to 3 per centum of the Corporation's share of operating losses and associated capital costs.". PETITIONS TO THE INTERSTATE COMMERCE

Notice and hearing.

COMMISSION

SEC. 17. Section 403(b) of the Rail Passenger Service Act (45 U.S.C. 563(b)) is amended— (1) by redesignating paragraphs (2) and (3), and all references thereto, as paragraphs (3) and (4), respectively; and (2) by inserting immediately after paragraph (1) the following new paragraph: "(2) Whenever a State, regional, or local agency requests the Corporation to institute service pursuant to this subsection, or to enter into a contract or other agreement or modify an existing contract or agreement relating to rates, fares, charges, scheduling, marketing, or operations of service provided pursuant to this subsection, and the Corporation fails to institute such service or to enter into or modify such contract or agreement, as the case may be, such State, regional, or local agency may petition the Commission for an order directing the Corporation to comply with its request. If the Commission determines, upon receipt of such a petition and after notice and an opportunity for a hearing, that the request which is the subject of such petition is consistent with the public interest and the purposes of this subsection, the Commission may enter an order directing the Corporation to comply with such request or to take such other action as the Commission considers appropriate.". . ADDITIONAL SERVICE

"Commuter rail passenger service."

SEC 18. Section 403 of the Rail Passenger Service Act (45 U.S.C. 563) is amended by adding at the end thereof the following new subsection: "(d) The Corporation is authorized to operate commuter rail passenger service under an agreement with a State (or local or regional transportation agency) if such State or agency agrees to reimburse the Corporation for the avoidable cost of operating such commuter rail passenger service. For purposes of this subsection, the term 'commuter rail passenger service' means rail passenger service operated in metropolitan and suburban areas, usually characterized by reduced fare, multiple-ride, and commutation tickets and by morning and evening peak period operations.". MAIL SERVICE

45 USC 545a.

SEC. 19. The National Railroad Passenger Corporation shall utilize all feasible means, including taking into account the needs of the United States Postal Service in establishing schedules, to attract and service the bulk mail needs of the Postal Service. EFFECTIVE DATES

45 USC 541 note.

SEC. 20. (a) Except as provided in subsection (b) or (c) of this section, the provisions of this Act and the amendments made by this Act shall take effect on the date of enactment of this Act.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/985

 PUBLIC LAW 95-421—OCT. 5, 1978 (b) The provisions of section 7 of this Act shall take effect on January 1, 1979. (c) The amendments made by section 9 and section 16 of this Act shall take effect on October 1, 1978. Approved October 5, 1978.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 95-1182 accompanying H.R. 11493 (Comm. on Interstate and Foreign Commerce) and No. 95-1478 (Comm. of Conference). SENATE REPORT No. 95-782 (Comm. on Commerce, Science and Transportation). CONGRESSIONAL RECORD, Vol. 124 (1978): May 10, considered and passed Senate. June 21, 23, H.R. 11493 considered and passed House; proceedings vacated; S. 3040, amended, passed in lieu. Sept. 19, House agreed to conference report. Sept. 23, Senate agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 14, No. 40: Oct. 6, Presidential statement.

92 STAT. 931

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Page:United States Statutes at Large Volume 92 Part 1.djvu/986

 92 STAT. 932

PUBLIC LAW 95-422—OCT. 5, 1978

Public Law 95-422 95th Congress ,.,.ij; Oct. 5. 1978 [H.R. 11291]

Federal Fire Prevention and Control Act of 1974, amendment. Appropriation authorization.

Appropriation authorization.

National Fire Prevention and Control Administration, name change.

To authorize appropriations for the Federal Fire Prevention and Control Act of 1974, and to change the name of the National Fire Prevention and Control Administration to the United States Firfe Administration.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) section 17 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2216) is amended— (1) by striking out "except section 11 of this Act," and insert in lieu thereof "except as otherwise specifically provided, with respect to the payment of claims, under section 11 of this Act,"; (2) by striking out "and" after "September 30, 1977,"; and (3) by inserting immediately after "1978" the following: ", and not to exceed $24,352,000 for the fiscal year ending September 30, 1979". (b) Section 16(b) of the Act of March 3, 1901 (15 U.S.C. 278f (b)), is amended— (1) by striking out "and" after "September 30, 1977,", and (2) by inserting immediately after "1978" the following: ", and not to exceed $5,600,000 for the fiscal year ending September 30, 1979". SEC. 2. (a)(1) Sections 3, 4, and 5 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2202-2204) are amended by striking out "National Fire Prevention and Control Administration" each place it appears and inserting in lieu thereof "United States Fire Administration". (2) The heading of section 5 of such Act is amended by striking out "NATIONAL FIRE PREVENTION AND CONTROL ADMINISTRATION" and inserting in lieu thereof "UNITED STATES FIRE ADMINISTRATION". (b) Section 16(a) of the Act of March 3, 1901 (15 U.S.C. 278f (a)), is amended by striking out "National Fire Prevention and Control Administration" in the matter preceding paragraph (1) and inserting in lieu thereof "United States Fire Administration". (c) Section 12(g) of the Act of February 14, 1903 (15 U.S.C. 1511), is amended by striking out "National Fire Prevention and Control Administration" and inserting in lieu thereof "United States Fire Administration". SEC. 3. (a) The Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.) is amended by adding at the end thereof the following new section: »*

15 USC 2220.

i.n Act

" FEDERAL PROGRAMS TO

COMBAT ARSON

'»

J-;! *ri

"SEC. 24. (a) The Administrator shall— "(1) develop arson detection techniques to assist Federal agencies and States and local jurisdictions in improving arson prevention, detection, and control; "(2) provide training and instructional materials in the skills and knowledge necessary to assist Federal, State, and local fire service and law enforcement personnel in arson prevention, detection, and control;

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Page:Hockey, Canada's Royal Winter Game.djvu/26

 approaching the high degree of excellence that marks the game in Quebec, Manitoba and Ontario; in fact, the senior teams of Halifax and St. John, in virtue of their showing against sevens that have visited them from Montreal, are eligible to compete for the Stanley Cup.

2. The game was first introduced into the United States some years ago, by a Montrealer, Mr. C. Shearer, who was studying in the John Hopkins UniversityJohns Hopkins University [sic], Baltimore.

He formed a team among the students of the college, and was successful in inducing the Quebec team, which was the first Canadian seven to play across the border, to travel to the Oriole city for a series of games. In 1895 the Shamrocks and Montrealers, of Montreal, delighted audiences in New York, Washington and Baltimore. Since that time the Queen's College team has played in Pittsburg, and nearly all of Canada's leading clubs have sent their representatives to play in the different American rinks.

During all this time, after our American cousins had awakened to the wonderful possibilities of hockey, the game made rapid strides in popularity. Colleges and schools took an interest in the game, and organized teams, schedules were drawn up, the public flocked to the rinks to see the games, and now it bids fair to be, in time, as popular a winter sport among the Americans as it is among ourselves.


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Page:United States Statutes at Large Volume 92 Part 1.djvu/987

 PUBLIC LAW 95-422—OCT. 5, 1978

92 STAT. 933

"(3) formulate methods for collection of arson data which would be compatible with methods of collection used for the uniform crime statistics of the Federal Bureau of Investigation; "(4) develop and implement programs for improved collection of nationwide arson statistics within the National Fire Incident Reporting System at the National Fire Data Center; "(5) develop programs for public education on the extent, causes, and prevention of arson; and "(6) develop handbooks to assist Federal, State, and local fire service and law enforcement personnel in arson prevention and detection. "(b)(1) The Administrator shall prepare and submit to Congress, Report to not later than March 15, 1979, a report on ways in which the Federal Congress. Government may better assist the States and local jurisdictions in providing for more effective arson prevention, detection, and control. Such report shall include, but need not be limited to— "(A)(i) an assessment of State and local capabilities in regard to arson investigation and detection; and "(ii) an evaluation of the necessity for and the desirability of Federal supplementation of such State and local capabilities or other Federal assistance in arson detection; "(B) a summary of Federal programs which seek to reduce arson; "(C) an identification and analysis of existing Federal and State laws which may contribute to the incidence of arson; "(D) recommendations for additional legislation or other programs, including research programs, or policies which may be required to assist in reducing arson in the United States; and " (E) an assessment, where practical, of the costs and benefits of those programs and activities cited in paragraphs (1) through (4) of subsection (a) or recommended by the Administration. "(2) Of the ftmds authorized to be appropriated in section 17 of this Act, $100,000 shall be available in fiscal year 1979 for carrying 15 USC 2216. out the purposes of paragraph (1) of this subsection.". (b) Section 16(a)(1) of the Act of March 3, 1901 (15 U.S.C. 278f(a)(1)), as amended, is further amended by— (1) striking out "and" at the end of clause (G) thereof; (2) adding "and" at the end of clause (H) thereof; and (3) adding at the end thereof the following: " (I) methods, procedures, and equipment for arson prevention, detection, and investigation;". SEC. 4. The Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq,), as amended by section 3 of this Act, is further amended by adding at the end thereof the following new section: "ACADEMY

SITE

"SEC. 25. (a) The Administrator is authorized to sell the former Marjorie Webster Junior College facility, located in Washington, D.C., which was previously purchased as the site for the Academy. In the event of the sale of such facility, the Administrator shall establish within the Administration an Academy Acquisition and Construction Account (hereinafter referred to as the 'Account'), and shall deposit into such Account only the proceeds from the sale of such facility. Following such deposit, the Administrator shall calculate

15 USC 2221.

Academy Acquisition and Construction Account.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/988

 92 STAT. 934

PUBLIC LAW 95-422—OCT. 5, 1978 the sum of both the funds deposited into the Account, and the total monies which have been or may be appropriated for the acquisition, construction, and/or rehabilitation of a site for the Academy. If the Administrator finds that the total amount so calculated would exceed $9,000,000, the Administrator shall deduct from the Account the difference between this combined total and $9,000,000, and shall deposit such difference into the Treasury as miscellaneous receipts. "(b) The Administrator is thereafter authorized and directed to retain and apply funds in the Account for the acquisition, construction, and/or rehabilitation of any site which may be selected, together with such other monies as have been or may be appropriated for such purposes, except that the total authorized expenditure for such monies shall not exceed $9,000,000. Such sums shall remain available until expended.". Approved October 5, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-992 (Coram, on Science and Technology). SENATE REPORT No. 95-798 accompanying S.1794 (Comm. on Commerce, Science and Transportation). CONGRESSIONAL RECORD, VoL 124 (1978): May 15, considered and passed House. June 13, considered and passed Senate, amended, in lieu of S. 1794. Sept. 2 1, House concurred in Senate amendment with an amendment. Sept. 22, Senate concurred in House amendment.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/989

 PUBLIC LAW 95-423—OCT. 6, 1978

92 STAT. 935

Public Law 95-423 95th Congress An Act To amend section 5064 of the Internal Revenue Code of 1954 to provide for refund of tax on distilled spirits, wines, rectified products, and beer lost or rendered unmarketable due to fire, flood, casualty, or other disaster, or to breakage, destruction, or other damage (excluding theft) resulting from vandalism or malicious mischief while held for sale.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. REFUND OF TAX ON ALCOHOLIC BEVERAGE LOSSES RESULTING FROM DISASTER, VANDALISM, OR MALICIOUS MISCHIEF. (a) IN GENERAL.—So much of section 5064 of the I n t e r n a l Revenue Code of 1954 (relating to losses caused by disaster) as precedes subsection (c) is amended to read as follows: "SEC. 5064. LOSSES RESULTING FROM DISASTER, VANDALISM, OR MALICIOUS MISCHIEF. " (a) PAYMENTS.—The Secretary, under such regulations as he may prescribe, shall p a y (without interest) an amount equal to the amount of the internal revenue taxes paid or determined and customs duties paid on distilled spirits, wines, rectified products, and beer previously withdrawn, which were lost, rendered unmarketable, or condemned by a duly authorized official by reason of— " (1) fire, flood, casualty, or other disaster, or " (2) breakage, destruction, or other damage ( b u t not including theft) resulting from vandalism or malicious mischief, if such disaster or damage occurred in the United States and if such distilled spirits, wines, rectified products, or beer were held and intended for sale a t the time of such disaster or other damage. The payments provided for in this section shall be made to the person holding such distilled spirits, wines, rectified products, or beer for sale a t the time of such disaster or other damage. "(b)

CLAIMS.— " (1) PERIOD FOR MAKING CLAIM; PROOF.—No claim shall be

allowed under this section unless— " (A) filed within 6 months after the date on which such distilled spirits, wines, rectified products, or beer were lost, rendered unmarketable, or condemned by a duly authorized official, and " (B) the claimant furnishes proof satisfactory to the Secretary that the claimant— " (i) was not indemnified by any valid claim of insurance o r otherwise in respect of the tax, or tax and duty, on the distilled spirits, wines, rectified products, or beer covered by the claim; and " ( i i) is entitled to payment under this section. " (2) MINIMUM CLAIM.—Except as provided in paragraph (3)

(A), no claim of less than $250 shall be allowed under this section with respect to any disaster or other damage (as the case may b e).

Oct. 6, 1978 [H.R. 1920]

Taxes. Alcoholic beverages, excise tax refund.

26 USC 5064,

Regulations,

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Page:United States Statutes at Large Volume 92 Part 1.djvu/990

 92 STAT. 9 3 6

PUBLIC LAW 95-423—OCT. 6, 1978 " (3) SPECIAL RULES FOR MAJOR DISASTERS.—If the P r e s i d e n t has

42 USC 5121 note.

determined under the Disaster Relief Act of 1974 that a 'major disaster' (as defined in such Act) has occurred in any part of the United States, and if the disaster referred to in subsection (a)(1) occurs in such part of the United States by reason of such major disaster, then— " (A) paragraph (2) shall not apply, and, " (B) the filing period set forth in paragraph (1)(A) shall not expire before the d a y which is 6 months after the date on which the President makes the determination that such t V. major disaster has occurred. .,;j " (4) REGULATIONS.—Claims under this section shall be filed ,. » A under such regulations as the Secretary shall prescribe.".

 * r <?

(b) CLERICAL AMENDMENT. — The table of sections for subpart E

of part I of subchapter A of chapter 51 of such Code is amended by striking out the item relating to section 5064 and inserting in lieu thereof the following: "Sec. 5064. Losses resulting from disaster, vandalism, or malicious mischief.".

26 USC 5064 note.

(c) EFFECTIVE DATE.—The amendments made by this section shall apply to disasters (or other damage) occurring on or after the first d a y of the first calendar month which begins more than 90 days after the date of the enactment of this Act. Approved October 6, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1038 (Comm. on Ways and Means). SENATE REPORT No. 95-1112 (Comm. on Finance). CONGRESSIONAL RECORD, Vol. 124 (1978): May 8, considered and passed House. Aug. 25, considered and passed Senate, amended. Sept. 19, House concurred in Senate amendment with amendments. Sept. 25, Senate concurred in House amendments.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/991

 PUBLIC LAW 95-424—OCT. 6, 1978

92 STAT. 937

Public Law 95-424 95th Congress An Act To amend the Foreign Assistance Act of 196i to authorize development and economic assistance programs for fiscal year 1979, to make certain changes in the authorities of that Act and the Agricultural Trade Development and Assistance Act of 1954, to improve the coordination and administration of United States development-related policies and programs, and for other purposes. Be it enacted by the Senate and House of RepreseTitatives United States of America in Congress assembled,

Oct. 6. 1978 [H.R. 12222]

of the

International Development and Food Assistance ,., SHORT TITLE Act of 1978. SECTION 1. This Act may be cited as the "International Development 22 USC 2151 note. and Food Assistance Act of 1978".

TITLE I—DEVELOPMENT ASSISTANCE DEVELOPMENT ASSISTANCE POLICY

SEC. 101. Chapter 1 of part I of the Foreign Assistance Act of 1961 is amended by striking out section 102 and inserting in lieu thereof the 22 USC 2151. following new sections: " SEC. 101. GENERAL POLICY.— (a) The Congress finds that fundamental political, economic, and technological changes have resulted in the interdependence of nations. The Congress declares that the individual liberties, economic prosperity, and security of the people of the United States are best sustained and enhanced in a community of nations which respect individual civil and economic rights and freedoms and which work together to use wisely the world's limited resources in an open and equitable international economic system. Furthermore, the Congress reaffirms the traditional humanitarian ideals of the American people and renews its commitment to assist people in developing countries to eliminate hunger, poverty, illness, and ignorance. "Therefore, the Congress declares that a principal objective of the foreign policy of the Ignited States is the encouragement and sustained support of the people of developing countries in their efforts to acquire the knowledge and resources essential to development and to build the economic, political, and social institutions which will improve the quality of their lives. "United States development cooperation policy should emphasize four principal goals: " (1) the alleviation of the worst physical manifestations of poverty among the world's poor majority; " (2) the promotion of conditions enabling developing countries to achieve self-sustaining economic growth with equitable distribution of benefits; " (3) the encouragement of development processes in which individual civil and economic rights are respected and enhanced; and " (4) the integration of the developing countries into an open and equitable international economic system.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/992

 92 STAT. 938

PUBLIC LAW 95-424—OCT. 6, 1978 "The Congress declares that pursuit of these goals requires that development concerns be fully reflected in United States foreign policy and that United States development resources be effectively and efficiently utilized. "(b) Lender the policy guidance of the Secretary of State, the agency primarily responsible for administering this part should have the responsibility for coordinating all United States development-related activities.

22 USC 2151-1.

"SEC. 102. DEVELOPMENT ASSISTANCE POLICY.— (a) The Congress

finds that the efforts of developing countries to build and maintain the social and economic institutions necessary to achieve self-sustaining grovt^th and to provide opportunities to improve the quality of life for their people depend primarily upon successfully marshalling their own economic and human resources. The Congress recognizes that the magnitude of these efforts exceeds the resources of developing countries and therefore accepts that there will be a long-term need for wealthy countries to contribute additional resources for development purposes. The United States should take the lead in concert with other nations to mobilize such resources from public and private sources. "Provision of development resources must be adapted to the needs and capabilities of specific developing countries. United States assistance to countries with low per capita incomes which have limited access to private external resources should primarily be provided on concessional terms. Assistance to other developing countries should generally consist of programs which facilitate their access to private capital markets, investment, and technical skills, whether directly through guarantee or reimbursable programs by the United States Government or indirectly through callable capital provided to the international financial institutions. "Bilateral assistance and United States participation in multilateral institutions shall emphasize programs in support of countries which pursue development strategies designed to meet basic human needs and achieve self-sustaining growth with equity. "The Congress declares that the principal purpose of United States bilateral development assistance is to help the poor majority of people in developing countries to participate in a process of equitable growth through productive work and to influence decisions that shape their lives, with the goal of increasing their incomes and their access to public services which will enable them to satisfy their basic needs and lead lives of decency, dignity, and hope. Activities shall be emphasized that effectively involve the poor in development by expanding their access to the economy through services and institutions at the local level, increasing their participation in the making of decisions that affect their lives, increasing labor-intensive production and the use of appropriate technology, expanding productive investment and services out from major cities to small towns and rural areas, and otherwise providing opportunities for the poor to improve their lives through their own efforts. Participation of the United States in multilateral institutions shall also place appropriate emphasis on these principles. "(b) Assistance under this chapter should be used not only for the purpose of transferring financial resources to developing countries, but also to help countries solve development problems in accordance with a strategy that aims to insure wide participation of the poor in the benefits of development on a sustained basis. Moreover, assistance shall be provided in a prompt and effective manner, using appropriate

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