text:
Page:United States Statutes at Large Volume 92 Part 1.djvu/367

 PUBLIC LAW 9 5 - 2 9 2 — J U N E 13, 1978 warranted on the basis of such consultation and evidence to further the national objective of maximizing the use of home dialysis and transplantation consistent with good medical practice. " (d) Notwithstanding any provision to the contrary in section 22G any individual who donates a kidnej' for transplant surgery shall be entitled to benefits under part s A and B of this title with respect to such donation. Reimbursement for the reasonable expenses incurred by such an individual with respect to a kidney donation shall be made (without regard to the deductible, premium, and coinsurance provisions of this title), in such manner as may be prescribed by the Secretary in regulations, for all reasonable preparatory, operation, and postoperation recovery expenses associated with such donation, including but not limited to the expenses for which payment could be made if he were an eligible individual for purposes of parts A and B of this title without regard to this subsection. Payments for postoperation recovery expenses shall be limited to the actual period of recovery. " (e)(1) Notwithstanding any other provision of this title, the Secretary may, pursuant to agreements with approved providers of services and renal dialysis facilities, reimburse such providers and facilities (without regard to the deductible and coinsurance provisions of this title) for the reasonable cost of the purchase, installation, maintenance and reconditioning for subsequent use of artificial kidney and automated dialysis peritoneal machines (including supportive equipment) which are to be used exclusively by entitled individuals dialyzing at home. " (2) An agreement under this subsection shall lequire that the provider or facility will— " (A) make the equipment available for use only by entitled individuals dialyzing at home; " (B) recondition the equipment, as needed, for reuse by such individuals throughout the useful life of the equipment, including modification of the equipment consistent with advances in research and technology; " (C) provide for full access for the Secretary to all records and information relating to the purchase, maintenance, and use of the equipment; and " (D) submit such reports, data, and information as the Secretary may require with respect to the cost, management, and use of the equipment, " (3) For purposes of this section, the term 'supportive equipment' includes blood pumps, heparin pumps, bubble detectors, other alarm systems, and such other items as the Secretary may determine are medically necessary. " (f)(i) The Secretary shall initiate and carry out, at selected locations in the United States, pilot projects under which financial assistance in the purchase of new or used durable medical equipment for renal dialysis is provided to individuals suflFering from end stage renal disease at the time home dialysis is begun, with provision for a trial period to assure successful adaptation to home dialysis before the actual purchase of such equipment. " (2) The Secretary shall conduct experiments to evaluate methods for reducing the costs of the end stage renal disease propram. Such experiments shall include (without being limited to) reimbursement for nurses and dialysis technicians to assist with home dialvsis, and reimbursement to family members assisting with home dialysis. " (3) The Secretary shall conduct experiments to evaluate methods of dietary control for reducing the costs of the end stage lenal disease program, including (without being limited to) the use of protein-

92 STAT. 313

42 USC 426. 42 USC 1395c, 1395J. Regulations.

Agreements.

Reports. "Supportive equipment." Experiments amd pilot projects.

�


text:
Page:United States Statutes at Large Volume 92 Part 1.djvu/368

 92 STAT. 314

Studies.

Reports to Congress.

PUBLIC LAW 95-292—JUNE 13, 1978 controlled products to delay the necessity for, or reduce the frequency of, dialysis in the treatment of end stage renal disease. " (^4) The Secretary shall conduct a comprehensive study of methods for increasing public participation in kidney donation and other organ donation programs. "(5) The Secretary shall conduct a full and complete study of the reimbursement of physicians for services furnished to patients with end stage renal disease under this title, giving particular attention to the range of payments to physicians for such services, the average amovmts of such payments, and the number of hours devoted to furnishing such services to patients at home, in renal disease facilities, in hospitals, and elsewhere. "(6) The Secretary shall conduct a study of the number of patients with end stage renal disease who are not eligible for benefits with respect to such disease under this title (by reason of this section or otherwise), and of the economic impact of such noneligibility of such individuals. Such study shall include consideration of mechanisms whereby governmental and other health plans might be instituted or modified to permit the purchase of actuarially sound coverage for the costs of end stage renal disease. " (7) The Secretary shall conduct a study of the medical appropriateness and safety of cleaning and reusing dialysis filters by home dialysis patients. In such cases in which the Secretary determines that such home cleaning and reuse of filters is a medically sound procedure, the Secretary shall conduct experiments to evaluate such home cleaning and reuse as a method of reducing the costs of the end stage renal disease program. "(8) The Secretary shall submit to the Congress no later than October 1, 1979, a full report on the experiments conducted under paragraphs (1), (2), (3), and (7), and the studies under paragraphs (4), (5), (6), and (7). Such report shall include any recommendations for legislative changes which the Secretary finds necessary or desirable as a result of such experiments and studies. "(g) The Secretary shall submit to the Congress on April 1, 1979, and April 1 of each year thereafter a report on the end stage renal disease program, including but not limited to— "(1) the number of patients, nationally and by renal disease network, on dialysis (self-dialysis or otherwise) at home and in facilities; "(2) the number of new patients entering dialysis at home and in facilities during the year; "(3) the number of facilities providing dialysis and the utilization rates of those facilities; "(4) the number of kidney transplants, by source of donor organ; "(5) the number of patients awaiting organs for transplant; " (6^ the number of transplant failures; "(7) the range of costs of kidney acquisitions, by type of facility and by region; "(8) the number of facilities providing transplants and the number of transplants performed per facility; " (9) patient mortality and morbidity rates; "(10) the average annual cost of hospitalization for ancillary problems in dialysis and transplant patients, and drug costs for transplant patients; "(11) medicare payment rates for dialysis, transplant procedures, and physician services, along with any changes in such rates during the year and the reasons for those changes;

�

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


text:
Page:United States Statutes at Large Volume 92 Part 1.djvu/369

 PUBLIC LAW 95-292—JUNE 13, 1978 " (12) the results of cost-saving experiments; "(13) the results of basic kidney disease research conducted by the Federal Government, private institutions, and foreign governments; "(14) information on the activities of medical review boards and other networks organizations; and "(15) estimated program costs over the next five years.". SEC. 3. (a) Section 226(a) of the Social Security Act is amended— (1) by striking out "specified in subparagraph (B) " and inserting in lieu thereof "specified in paragraph (1)"; and (2) by striking out "specified in subparagraphs (A) and (B) " and inserting in lieu thereof "specified in paragraphs (1) and (2)". (b) Paragraphs (2) and (3) of section 226(e) of such Act (as redesignated by subsection (b)(2) of the first section of this Act) are each amended by striking out "subsection b" and inserting in lieu thereof "subsection (b)". SEC. 4. (a) Section 1811 of the Social Security Act is amended— (1) by striking out "section 226" and inserting in lieu thereof "sections 226 and 226A"; (2) by striking out "and" at the end of clause (1), and inserting in lieu thereof a comma; and (3) by inserting immediately before the period the following: ", and (3) certain individuals who do not meet the conditions specified in either clause (1) or (2) but who are medically determined to have end stage renal disease". (b) Section 1833(a)(1) of such Act is amended— (1) by striking out "and" at the end of clause (C), and (2) by adding the following after "section)," in clause (D): "and (E) with respect to services furnished to individuals who have been determined to have end stage renal disease, the amounts paid shall be determined subject to the provisions of section 1881, and". (c) Section 1833(a)(2) of such Act is amended by inserting " (unless otherwise specified in section 1881)" after "other services". (d) Section 1861(s)(2) of such Act is amended— (1) by striking out "and" at the end of clause (D); (2) by inserting "and" at the end of clause (E); and (3) by adding the following new clause after clause (E): " (F) home dialysis supplies and equipment, self-care home dialysis support services, and institutional dialysis services and supplies;". (e) The first sentence of section 1866(a)(2)(A) of such Act is amended by inserting the following before the period: " (but in the case of items and services furnished to individuals with end-stage renal disease, an amount equal to 20 percent of the estimated amounts for such items and services calculated on the basis established by the Secretary)". (f) Section 1814(b)(1) of such Act is amended by inserting "and as further limited by section 1881(b)(2)(B) " after "1861 (v)". SEC. 5. The third sentence of section 1817(b) of the Social Security Act, and the third sentence of section 1841(b) of such Act, and section 1876(b)(2)(B) of such Act, are each amended by striking out "Commissioner of Social Security" and inserting in lieu thereof "Administrator of the Health Care Financing Administration". SEC. 6. The amendments made by the preceding sections of this Act shall become effective with respect to services, supplies, and equipment furnished after the third calendar month which begins after the date

39-194 O-80-pt. 1

24: QU

92 STAT. 315

Hospital insurance benefits.

42 USC 426.

Insurance program. 42 USC 1395c.

Payment of benefits. 42 USC 1395/.

Ante, p. 308. 42 USC 1395/. 42 USC 1395x.

Agreements, service providers. 42 USC 1395cc.

42 USC 1395f.

42 USC 1395i. 42 USC 1395t.

42 USC 1395mm. Effective date. 42 USC 426 note.

�


text:
Page:United States Statutes at Large Volume 92 Part 1.djvu/370

 92 STAT. 316

42 USC 1395x note.

42 USC 1396d.

42 USC 1395x.

Regulations. 42 USC 1396d note. 42 USC 1396.

Effective date. 42 USC 1396d note. Regulations. 42 USC 1396d note. 42 USC 1396b note.

PUBLIC LAW 95-292—JUNE 13, 1978 of the enactment of this Act, except that those amendments providing for the implementation of an incentive reimbursement system for dialysis services furnished in facilities and providers shall become effexjtive with respect to a facility's or provider's first accounting period which begins after the last day of the twelfth month following the month of the enactment of this Act, and those amendments providing for reimbursement rates for home dialysis shall become effective on April 1, 1979. SEC. 7. Section 15(d) of Public Law 93-233 (as amended by section 7(c) of Public Law 93-368 and the first section of Public Law 94-368) is amended by striking out "October 1, 1977" and inserting in lieu thereof "October 1, 1978". SEC. 8. (a) The first sentence of section 1905(c) of the Social Security Act is amended— (1) by striking "and (3)" and inserting in lieu thereof " (3) "; and (2) by striking out the period at the end thereof and inserting in lieu thereof the following ", and (4) meets the requirements of section 1861(j) (14) with respect to protection of patients' personal funds.". (b) The fourth sentence of section 1905(c) of such Act is amended by striking out "clauses (2) and (3)" and inserting in lieu thereof "clauses (2), (3), and (4)". (c) The Secretary of Health, Education, and Welfare shall, by regulation, define those costs which may be charged to the personal funds of patients in intermediate care facilities who are individuals receiving medical assistance under a State plan approved under the provisions of title X IX of the Social Security Act, and those costs which are to be included in the reasonable cost or reasonable charge for intermediate care facility services as determined under the provisions of such title. (d)(1) The amendments made by subsections (a) and (b) shall become effective on July 1, 1978. (2) The Secretary of Health, Education, and Welfare shall issue the regulations required under subsection (c) within 90 days after the date of enactment of this Act but not later than July 1, 1978. (e) Section 20(c)(2) of the Medicare-Medicaid Anti-Fraud and Abuse Amendments (Public Law 95-142) is amended by striking out "section 1905(g)" and inserting in lieu thereof "section 1903(g)". Approved June 13, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-549 (Comm. on Ways and Means). SENATE REPORT No. 95-714 (Comm. on Finance). CONGRESSIONAL RECORD: Vol. 123 (1977): Sept. 12, considered and passed House. Vol. 124 (1978): Apr. 10, considered and passed Senate, amended. May 1, House concurred in Senate amendment with an amendment. May 24, Senate concurred in House amendment. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS: Vol. 14, No. 24 (1978): June 13, Presidential statement.

�


text:
Page:United States Statutes at Large Volume 92 Part 1.djvu/371

 PUBLIC LAW 95-293—JUNE 13, 1978

92 STAT. 317

Public Law 95-293 95th Congress An Act To amend the Administrative Conference Act.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) section 576 of title 5, United States Code, is amended to read as follows: "§ 576. Appropriations "To carry out the purposes of this subchapter, there are authorized to be appropriated sums not to exceed $1,700,000 for the fiscal year ending September 30, 1979, $2,000,000 for the fiscal year ending September 30, 1980, $2,300,000 for the fiscal year ending September 30, 1981, and $2,300,000 for the fiscal year ending September 30, 1982.". (b) The amendment made by subsection (a) shall take effect October 1, 1977. Approved June 13, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-743 accompanying H.R. 7662 (Comm. on the Judiciary). SENATE REPORT No. 95-583 (Comm. on the Judiciary). CONGRESSIONAL RECORD: Vol. 123 (1977): Nov. 4, considered and passed Senate. Vol. 124 (1978): Jan. 24, considered and passed House, amended, in lieu of H.R. 7662. May 22, Senate agreed to House amendment with amendments. May 25, House concurred in Senate amendments.

June Id, 1978 [S. 1792]

Administrative Conference Act,

Effective date. 5 USC 576 note.

�


text: Narrative of a Voyage Round the World (Belcher)/Annotated/Volume 1/Chapter 5


text:
Page:United States Statutes at Large Volume 92 Part 1.djvu/372

 92 STAT. 318

PUBLIC LAW 95-294—JUNE 14, 1978

Public Law 95-294 95th Congress

,, Joint Resolution

June 14. 1978 [S.J. Res. 140]

American University Press Day. Designation authorization.

To authorize and request the President to proclaim June 11, 1978, as "Americau University Press Day" to commemorate the centennial of university press publishing in America.

Whereas since the establishment of the first university press at Johns Hopkins University in 1878, American university presses have advanced and diffused the spectrum of human knowledge, issuing one-sixth of all American books in print today; Whereas American university presses maintain a long tradition of notable achievement as demonstrated by the large share of prizes for literary merit and graphic excellence awarded university presses; and Whereas American university presses continue to have a profound impact on culture, scholarship, and higher education, both regionally and internationaly: Now, therefore, be it Resolved by the /Se/nnte and Hottse of Representatives of the United States of America in Congress assembled, That the President is authorized and requested to issue a proclamation designating June 11, 1978, as "American University Press Day", and calling upon the people of the United States and interested groups and organizations to observe such day with appropriate ceremonies and activities. Approved June 14, 1978.

LEGISLATIVE HISTORY: CONGRESSIONAL RECORD, Vol. 124 (1978): June 8, considered and passed Senate. June 9, considered and passed House.

�


text:
Page:United States Statutes at Large Volume 92 Part 1.djvu/373

 PUBLIC LAW 95-295—JUNE 16, 1978

92 STAT. 319

Public Law 95-295 95th Congress An Act To amend the Central, Western, and South Pacific Fisheries Development Act to increase the appropriation authorization through fiscal year 19S2, to expand the United States fisheries development effort, and to cooperate in the formation and research of the South Pacific regional fishery agency, and for other purposes.

June 16, 1978 [H.R. 116571'

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Central, Central, Western, Western, and South Pacific Fisheries Development Act (16 U.S.C. and South Pacific Fisheries 758e—758e-5) is amended as follows: (1) Section 2 of such Act (16 U.S.C. 758e) is amended by inserting Development Act, amendment. "with the Pacific Tuna Development Foundation or other agency or organization," immediately after "contract.". (2) Section 3 of such Act (16 U.S.C. 758-1) is amended by (A) 16 USC 758e-l. inserting "the Secretary of State," immediately after "Interior,"; (B) inserting "the Commonwealth of the Northern Mariana Islands," immediately after the "Trust Territories of the Pacific Islands,"; (C) striking out "and" immediately after "institutions,"; and (D) inserting ", and all appropriate member nations of a South Pacific regional fishery agency (hereinafter referred to in this Act as the 'agency'), if such an agency is formed" immediately after "industry". (3) Such Act is further amended by inserting immediately after section 3 thereof the following: "SEC. 4. In addition to the authority granted in section 2, the Secre- Latent fisheries tary, in consultation with representatives of all interested member resources, nations of the agency, and those parties set forth in section 3, may development establish in accordance with section 2, a cooperative program for the program. to development of tuna and other latent fisheries resources of the Central, Submittal and President Western, and South Pacific Ocean to be submitted to the President Congress. and the Congress within one year following official formation of the 16 USC 758e-la. agency. The Secretary shall make available to all interested member nations of the agency the results and findings of research or development ]:)rojects carried out under this Act.". (4) Sections 4, 5, 6, and 7 of such Act are redesignated sections 5, 16 USC 758e-26,7, and 8, respectively. 758e-5.

�


text:
Page:United States Statutes at Large Volume 92 Part 1.djvu/374

 92 STAT. 320 Ante,f. 319. 90 Stat. 809.

PUBLIC LAW 95-295—JUNE 16, 1978 SEC. 2. Section 8 of the Central, Western, and South Pacific Fisheries Development Act (16 U.S.C. 768e-5), as redesignated, is amended by— (1) placing the amendment made to such section by the Act of July 6, 1976 (relating to authorizations of appropriations for such Fisheries Development Act) immediately after "June 30, 1976, the sum of $3,000,000"; and (2) striking out "$3,000,000," the second place it then appears in such section, and inserting in lieu thereof "$4,000,000, and for each of the fiscal years 1980, 1981, and 1982, the sum of $5,000,000,". Approved June 16, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1079 (Comm. on Merchant Marine and Fisheries). SENATE REPORT No. 95-818 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD, VoL 124 (1978): May 1, considered and passed House. May 18, considered and passed Senate, amended. May 31, House concurred in Senate amendments.

�


text:
Page:United States Statutes at Large Volume 92 Part 1.djvu/375

 PUBLIC LAW 95-296—JUNE 19, 1978

92 STAT. 321

Public Law 95-296 95th Congress An Act To designate the Mike Monroney Aeronautical Center.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, the Federal Aviation Administration Aeronautical Center, Oklahoma City, Oklahoma, shall hereafter be known and designated as the "Mike Monroney Aeronautical Center". Any reference in a law, map, regulation, document, record, or other paper of the United States to such center shall be held to be a reference to the Mike Monroney Aeronautical Center.

June 19, 1978 [S. 1640] Mike Monroney Aeronautical Center, Oklahoma City, Okla.

Approved June 19, 1978.

'XI

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1209 accompanying H.R. 7674 (Coram, on Public Works and Transportation). CONGRESSIONAL RECORD: Vol. 123 (1977): June 8, considered and passed Senate. Vol. 124 (1978): June 5, considered and passed House, in lieu of H.R. 7674.

�


text:
Page:United States Statutes at Large Volume 92 Part 1.djvu/376

 92 STAT. 322

PUBLIC LAW 95-297—JUNE 19, 1978

Public Law 95-297 95th Congress An Act June 19, 1978 [H.R. 130]

Petroleum Marketing Practices Act. 15 USC 2801 note.

To provide for the protection of franchised distributors and retailers of motor fuel and to encourage conservation of automotive gasoline and competition in the marketing of such gasoline by requiring that information regarding the octane rating of automotive gasoline be disclosed to consumers.

Be it enacted by the Senate and Ilov^e of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Petroleum Marketing Practices Act". TABLE OF CONTENTS TITLE I—FRANCHISE PROTECTION Sec. Sec. Sec. Sec. Sec. Sec.

101. 102. 103. 104. 105. 106.

Definitions. Franchise relationship; termination and nonrenewal. Trial franchises and interim franchises; nonrenewaL Notification of termination or nonrenewal. Enforcement. Relationship of this title to State law. TITLE II--OCTANE DISCLOSURE

Sec. Sec. Sec. Sec. Sec.

201. 202. 203. 204. 205.

Definitions. Octane testing and disclosure requirements. Administration and enforcement. Relationship of this title to State law. Effective dates.

TITLE III—STUDY OF SUBSIDIZATION OF MOTOR FUEL MARKETING Sec. 301. Study of subsidization of motor fuel marketing.

TITLE I—FRANCHISE PROTECTION DEFINITIONS

15 USC 2801.

SEC. 101. As used in this title: (1)(A) The term "franchise" means any contract— (i) between a refiner and a distributor, (ii) between a refiner and a retailer, (iii) between a distributor and another distributor, or (iv) between a distributor and a retailer, under which a refiner or distributor (as the case may be) authorizes or permits a retailer or distributor to use, in connection with the sale, consignment, or distribution of motor fuel, a trademark which is owned or controlled by such refiner or by a refiner which supplies motor fuel to the distributor which authorizes or permits such use. (B) The term "franchise" includes— (i) any contract under which a retailer or distributor (as the case may be) is authorized or permitted to occupy leased marketing premises, which premises are to be employed in connection with the sale, consignment, or distribution of motor fuel under a trademark which is owned or controlled by such refiner or by a refiner which supplies motor fuel to the distributor which authorizes or permits such occupancy;

�


text: Narrative of a Voyage Round the World (Belcher)/Annotated/Volume 1/Chapter 6


text:
Page:United States Statutes at Large Volume 92 Part 1.djvu/377

 PUBLIC LAW 95-297—JUNE 19, 1978 (ii) any contract pertaining to the supply of motor fuel which is to be sold, consigned or distributed— (I) under a trademark owned or controlled by a refiner; or ( II) under a contract which has existed continuously since May 15, 1973, and pursuant to which, on May 15, 1973, motor fuel was sold, consigned or distributed under a trademark owned or controlled on such date by a refiner; and (iii) the unexpired portion of any franchise, as defined by the preceding provisions of this paragraph, which is transferred or assigned as authorized by the provisions of such franchise or by any applicable provision of State law which permits such transfer or assignment without regard to any provision of the franchise. (2) The term "franchise relationship" means the respective motor fuel marketing or distribution obligations and responsibilities of a franchisor and a franchisee which result from the marketing of motor fuel under a franchise. (3) The term "franchisor'' means a refiner or distributor (as the case may be) who authorizes or permits, under a franchise, a retailer or distributor to use a trademark in connection with the sale, consignment, or distribution of motor fuel. (4) The term "franchisee" means a retailer or distributor (as the case may be) AVIIO is authorized or permitted, under a franchise, to use a trademark in connection with the sale, consignment, or distribution of motor fuel. (5) The term "refiner" means any person engaged in the refining of crude oil to produce motor fuel, and includes any affiliate of such person. (6) The term "distributor" means any person, including any affiliate of such person, who— (A) purchases motor fuel for sale, consignment, or distribution to another; or (B) receives motor fuel on consignment for consignment or distribution to his own motor fuel accounts or to accounts of his supplier, but shall not include a person who is an employee of, or merely serves as a common carrier providing transportation service for, such supplier. (7) The term "retailer" means any person who purchases motor fuel for sale to the general public for ultimate consumption. (8) The term "marketing premises" means, in the case of any franchise, premises which, under such franchise, are to be employed by the franchisee in connection with the sale, consignment, or distribution of motor fuel. (9) The term "leased marketing premises" means marketing premises owned, leased, or in any way controlled by a franchisor and which the franchisee is authorized or permitted, under the franchise, to employ in connection with the sale, consignment, or distribution of motor fuel. (10) The term "contract" means any oral or written agreement. For supply purposes, delivery levels during the same month of the previous year shall be prima facie evidence of an agreement to deliver such levels. (11) The term "trademark" means any trademark, trade name, service mark, or other identifying symbol or name. (12) The term "motor fuel" means gasoline and diesel fuel of a type distributed for use as a fuel in self-propelled vehicles designed primarily for use on public streets, roads, and highways.

92 STAT. 323

•'-J i i

�


text:
Page:United States Statutes at Large Volume 92 Part 1.djvu/378

 92 STAT. 324

PUBLIC LAW 95-297—JUNE 19, 1978 (13) The term "failure" does not include— (A) any failure which is only technical or unimportant to the franchise relationship; or (B) any failure for a cause beyond the reasonable control of the franchisee. (14) The terms "fail to renew" and "nonrenewal'' mean, with respect to any franchise relationship, a failure to reinstate, continue, or extend the franchise relationship— (A) at the conclusion of the term, or on the expiration date, stated in the relevant franchise; (B) at any time, in the case of the relevant franchise which does not state a term of duration or an expiration date; or (C) following a termination (on or after the date of enactment of this Act) of the relevant franchise which was entered into prior to such date of enactment and has not been renewed after such date. (15) The term "affiliate" means any person who (other than by means of a franchise) controls, is controlled by, or is under common control with, any other person, (16) The term "relevant geographic market area" includes a State or a standard metropolitan statistical area as periodically established by the Office of Management and Budget. (17) The term "termination" includes cancellation. (18) The term "commerce" means any trade, traffic, transportation, exchange, or other commerce— (A) between any State and any place outside of such State; or (B) which affects any trade, transportation, exchange, or other commerce described in subparagraph (A). (19) The term "State" means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and any other commonwealth, territory, or possession of the United States. FRANCHISE RELATIONSHIP; TERMINATION AND NONRENEWAL

15 DSC 2802.

SEC. 102. (a) Except as provided in subsection (b) and section 103, no franchisor engaged in the sale, consignment, or distribution of motor fuel in commerce may— (1) terminate any franchise (entered into or renewed on or after the date of enactment of this Act) prior to the conclusion of the term, or the expiration date, stated in the franchise; or (2) fail to renew any franchise relationship (without regard to the date on which the relevant fianchise was entered into or renewed). (b)(1) Any franchisor may terminate any franchise (entered into or renewed on or after the date of enactment of this Act) or may fail to renew any franchise relationship, if— (A) the notification rec^uirements of section 104 are met; and (B) such termination is based upon a ground described in paragraph (2) or such nonrenewal is based upon a ground described in paragraph (2) or (3). (2) For purposes of this subsection, the following are grounds for termination of a franchise or nonrenewal of a franchise relationship: (A) A failure by the franchisee to comply with any provision of the franchise, which provision is both reasonable and of

�


text:
Page:United States Statutes at Large Volume 92 Part 1.djvu/379

 PUBLIC LAW 95-297—JUNE 19, 1978 material significance to the franchise relationship, if the franchisor first acquired actual or constructive knowledge of such failure— (i) not more than 120 days prior to the date on which notification of termination or nonrenewal is given, if notification is given pursuant to section 104(a); or (ii) not more than 60 days prior to the date on which notification of termination or nonrenewal is given, if less than 90 days notification is given pursuant to section 104(b)(1). (B) A failure by the franchisee to exert good faith efforts to carry out the provisions of the franchise, if— (i) the franchisee was apprised by the franchisor in writing of such failure and was afforded a reasonable opportunity to exert good faith efforts to carry out such provisions; and (ii) such failure thereafter continued within the period which began not more than 180 days before the date notification of termination or nonrenewal was given pursuant to section 104. (C) The occurrence of an event which is relevant to the franchise relationship and as a result of which termination of the franchise or nonrenewal of the franchise relationship is reasonable, if such event occure during the period the franchise is in effect and the franchisor first acquired actual or constructive knowledge of such occurrence— (i) not more than 120 days prior to the date on which notification of termination or nonrenewal is given, if notification is given pursuant to section 104(a); or (ii) not more than 60 days piior to the date on which notification of termination or nonrenewal is given, if less than 90 days notification is given pursuant to section 104(b)(1). (D) An agreement, in writing, between the franchisor and the franchisee to terminate the franchise or not to renew the franchise relationship, if— (i) such agreement is entered into not more than 180 days prior to the date of such termination or, in the case of nonrenewal, not more than 180 days prior to the conclusion of the term, or the expiration date, stated in the franchise; (ii) the franchisee is promptly provided with a copy of such agreement,, together with the summary statement described in section 104(d); and (iii) within 7 days after the date on which the franchisee is provided a copy of such agreement, the franchisee has not posted by certified mail a written notice to the franchisor repudiating such agreement. (E) In the case of any franchise entered into prioi- to the date of the enactment of this Act and in the case of any franchise entered into or renewed on or after such date (the tenn of which is 3 years or longer, or with respect to which the franchisee was offered a term of 3 years or longer), a determination made by the franchisor in good faith and in the normal course of business to withdraw from the marketing of motor fuel through retail outlets in the relevant geographic market area in which the marketing premises are located, if— (i) such determination— (I) was made after the date such franchise was entered into or renewed, and

92 STAT. 325

^

�


text:
Page:United States Statutes at Large Volume 92 Part 1.djvu/380

 92 STAT. 326

Grounds for nonrenewal.

PUBLIC LAW 95-297—JUNE 19, 1978 (II) was based upon the occurrence of changes in relevant facts and circumstances after such date; (ii) the termination or nonrenewal is not for the purpose of converting the premises, which are the subject of the franchise, to operation by employees or agents of the franchisor for such franchisor's own account; and (iii) in the case of leased marketing premises— (I) the franchisor, during the 180-day period after notification was given pursuant to section 104, either made a bona fide offer to sell, transfer, or assign to the franchisee such franchisor's interests in such premises, or, if applicable, offered the franchisee a right of first refusal of at least 45 days duration of an offer, made by another, to purchase such franchisor's interest in such premises; or (II) in the case of the sale, transfer, or assignment to another person of the franchisor's interest in such premises in connection wnth the sale, transfer, or assignment to such other p e r ^ n of the franchisor's interest in one or more other marketing premises, if such other person offers, in good faith, a franchise to the franchisee on terms and conditions which are not discriminatory to the franchisee as compared to franchises then currently being offered by such other person or franchises then in effect and with respect to which such other person is the franchisor. (3) For purposes of this subsection, the following are grounds for nonrenewal of a franchise relationship: (A) The failure of the franchisor and the franchisee to agree to changes or additions to the provisions of the franchise, if— (i) such changes or additions are the result of determinations made by the franchisor in good faith and in the normal course of business; and (ii) such failure is not the result of the franchisor's insistence upon such changes or additions for the purpose of preventing the renewal of the franchise relationship. (B) The receipt of numerous bona fide customer complaints by the franchisor concerning the franchisee's operation of the marketing premises, if— (i) the franchisee was promptly apprised of the existence and nature of such complaints following receipt of such complaints by the franchisor; and (ii) if such complaints related to the condition of such premises or to the conduct of any employee of such franchisee, the franchisee did not promptly take action to cure or correct the basis of such complaints. (C) A failure by the franchisee to operate the marketing premises in a clean, safe, and healthful manner, if the franchisee failed to do so on two or more previous occasions and the franchisor notified the franchisee of such failures. (D) In the case of any franchise entered into prior to the date of the enactment of this Act (the unexpired term of which, on such date of enactment, is 3 years or longer) and, in the case of any franchise entered into or renewed on or after such date (the term of which was 3 years or longer, or with respect to which the franchisee was offered a term of 3 years or longer), a determina-

�


text:
Page:United States Statutes at Large Volume 92 Part 1.djvu/381

 PUBLIC LAW 95-297—JUNE 19, 1978

92 STAT. 327

tion made by the franchisor in good faith and in the normal course of business, if— (i) such determination is— (I) to convert the leased marketing premises to a use other than the sale or distribution of motor fuel, ( II) to materially alter, add to, or replace such premises, ( III) to sell such premises, or (IV) that renewal of the franchise relationship is likely to be uneconomical to the franchisor despite any reasonable changes or reasonable additions to the provisions of the franchise which may be acceptable to the franchisee; (ii) with respect to a determination referred to in subclause (II) or ( l Y), such determination is not made for the purpose of converting the leased marketing premises to operation by employees or agents of the franchisor for such franchisor's own account; and (iii) in the case of leased marketing premises such franchisor, during the 90-day period after notification was given pursuant to section 104, either— (I) made a bona fide offer to sell, transfer, or assign to the franchisee such franchisor's interests in such premises; or (II) if applicable, offered the franchisee a right of first refusal of at least 45-days duration of an offer, made by another, to purchase such franchisor's interest in such premises. (c) As used in subsection (b)(2)(C), the term "an event which is Definition, relevant to the franchise relationship and as a result of which termination of the franchise or nonrenewal of the franchise relationship is T'easonable" includes events such as— (1) fraud or criminal misconduct by the franchisee relevant to the operation of the marketing premises; (2) declaration of bankruptcy or judicial determination of insolvency of the franchisee; ('8) continuing severe physical or mental disability of the franchisee of at least 3 months duration which renders the franchisee unable to provide for the continued proper operation of the marketing premises; (4) loss of the franchisor's right to grant possession of the leased marketing premises through expiration of an underlying lease, if the franchisee was notified in writing, prior to the commencement of the term of the then existinsi- franchise— (A) of the duration of the underlying lease, and (B) of the fact that such underlying lease might expire and not be renewed during the term of such franchise (in the case of termination) or at the end of such term (in the case of nonrenewal); (5) condemnation or other taking, in whole or in part, of the marketing premises pursuant to the power- of eminent domain; (6) loss of the franchisor's right to grant the right to use the trademark which is the subject of the franchise, unless such loss was due to trademark abuse, violation of Federal or State law, or other fault or nesfligence of the franchisor, which such abuse, vio-

�


text:
Page:Hockey, Canada's Royal Winter Game.djvu/4

VICTORIAS OF MONTREAL

TAKEN IN QUEBEC IN 1881.


text:
Page:United States Statutes at Large Volume 92 Part 1.djvu/382

 92 STAT. 328

PUBLIC LAW 95-297—JUNE 19, 1978 lation, or other fault or negligence is related to action taken in bad faith by the franchisor; (7) destruction (other than by the franchisor) of all or a substantial part of the marketing premises; (8) failure by the franchisee to pay to the franchisor in a timely manner when due all sums to which the franchisor is legally entitled; (9) failure by the franchisee to operate the marketing premises for— (A) 7 consecutive days, or (B) such lesser period which under the facts and circumstances constitutes an unreasonable period of time; (10) willful adulteration, mislabeling or misbranding of motor fuels or other trademark violations by the franchisee; (11) knowing failure of the franchisee to comply with Federal, State, or local laws or regulations relevant to the operation of the marketing premises; and (12) conviction of the franchisee of any felony involving moral turpitude. (d) In the case of any termination of a franchise (entered into or renewed on or after the date of enactment of this Act), or in the case of any nonrenewal of a franchise relationship (without regard to the date on which such franchise relationship was entered into or renewed) — (1) if such termination or nonrenewal is based upon an event described in subsection (c)(5), the franchisor shall fairly apportion between the franchisor and the franchisee compensation, if any, received by the franchisor based upon any loss of business opportunity or good will; and (2) if such tennination or nonrenewal is based upon an event described in subsection (c)(7) and the leased marketing premises are subsequently rebuilt or replaced by the franchisor and operated under a franchise, the franchisor shall, within a reasonable period of time, grant to the franchisee a right of first refusal of the franchise under which such premises are to be operated. TRIAL FRANCHISES AND I N T E R I M F R A N C H I S E S;

15 USC 2803.

Definitions.

NONRENEWAL

SEC. 103. (a) The provisions of section 102 shall not apply to the nonrenewal of any franchise relationship— (1) under a trial franchise; or (2) under an interim franchise. (b) For purposes of this section— (1) The term "trial franchise" means any franchise— (A) which is entered into on or after the date of enactment of this Act; (B) the franchisee of which has not previously been a party to a franchise with the franchisor; (C) the initial term of which is for a period of not more than 1 year; and (D) which is in writing and states clearly and conspicuously— (i) that the franchise is a trial franchise; (ii) the duration of the initial term of the franchise; (iii) that the franchisor may fail to renew the franchise relationship at the conclusion of the initial term stated in the franchise by notifying the franchisee, in

�


text:
Page:United States Statutes at Large Volume 92 Part 1.djvu/383

 PUBLIC LAW 95-297—JUNE 19, 1978

92 STAT. 329

accordance with the provisions of section 104, of the franchisor's intention not to renew the franchise relationship; and (iv) that the provisions of section 102, limiting the right of a franchisor to fail to renew a franchise relationship, are not applicable to such trial franchise. (2) The term "trial franchise" does not include any unexpired period of any term of any franchise (other than a trial franchise, as defined by paragraph (1)) which was transferred or assigned by a franchisee to the extent authorized by the provisions of the franchise or any applicable provision of State law which permits such transfer or assignment, without regard to any provision of the franchise. (3) The term "interim franchise" means any franchise— (A) which is entered into on or after the date of the enactment of this Act; (B) the term of which, when combined with the terms of all prior interim franchises between the franchisor and the franchisee, does not exceed 3 years; (C) the effective date of which occurs immediately after the expiration of a prior franchise, applicable to the marketing premises, which was not renewed if such nonrenewal— (i) was based upon a determination described in section 102(b)(2)(E), and (ii) the requirements of section 102(b)(2)(E) were satisfied; and (D) which is in writing and states clearly and conspicuously— ^i) that the franchise is an interim franchise; (ii) the duration of the franchise; and (iii) that the franchisor may fail to renew the franchise at the conclusion of the term stated in the franchise based upon a determination made by the franchisor in good faith and in the normal course of business to withdraw from the marketing of motor fuel through retail outlets in the relevant geographic market area m which the marketing premises are located if the requirements of action 102(b)(2)(E) (ii) and (iii) are satisfied, (c) If the notification requirements of section 104 are met, any franchisor may fail to renew any franchise relationship— (1) under any trial franchise, at the conclusion of the initial term of such trial franchise; and (2) under any interim franchise, at the conclusion of the term of such interim franchise, if— (A) such nonrenewal is based upon a determination described in section 102(b)(2)(E); and (B) the requirements of section 102(b)(2)(E) (ii) and (iii) are satisfied. NOTIFICATION OF TERMINATION OR NONRENEWAL

SEC. 104. (a) Prior to termination of any franchise or nonrenewal 15 USC 2804, of any franchise relationship, the franchisor shall furnish notification of such termination or such nonrenewal to the franchisee who is a party to such franchise or such franchise relationship— (1) in the manner described in subsection (c); and

'

,

�


text:
Page:United States Statutes at Large Volume 92 Part 1.djvu/384

 92 STAT. 330

Publication in Federal Register.

PUBLIC LAW 95-297—JUNE 19, 1978 (2) except as provided in subsection (b), not less than 90 days prior to the date on which such termination or nonrenewal takes effect. (b)(1) In circumstances in which it would not be reasonable for the franchisor to furnish notification, not less than 90 days prior to the date on which termination or nonrenewal takes effect, as required by subsection (a)(2)— (A) such franchisor shall furnish notification to the franchisee affected thereby on the earliest date on which furnishing of such notification is reasonably practicable; and (B) in the case of leased marketing premises, such franchisor— (i) may not establish a new franchise relationship with respect to such premises before the expiration of the 30-day period which begins— (I) on the date notification was posted or personally delivered, or (II) if later, on the date on which such termination or nonrenewal takes effect; and (ii) may, if permitted to do so by the franchise agreement, repossess such premises and, in circumstances under which it would be reasonable to do so, operate such premises through employees or agents. (2) In the case of any termination of any franchise or any nonrenewal of any franchise relationship pursuant to the provisions of section 102(b)(2)(E) or section 103(c)(2), the franchisor shall— (A) furnish notification to the franchisee not less than 180 days prior to the date on which such termination or nonrenewal takes effect; and (B) promptly provide a copy of such notification, together with a plan describing the schedule and conditions under which the franchisor will withdraw from the marketing of motor fuel through retail outlets in the relevant geographic area, to the Governor of each State which contains a portion of such area. (c) Notification under this section— (1) shall be in writing; (2) shall be posted by certified mail or personally delivered to the franchisee; and (3) shall contain— (A) a statement of intention to terminate the franchise or not to renew the franchise relationship, together with the reasons therefor; (B) the date on which such termination or nonrenewal takes effect; and (C) the summary statement prepared under subsection (d). (d)(1) Not later than 30 days after the date of enactment of this Act, the Secretary of Energy shall prepare and publish in the Federal Register a simple and concise summary of the provisions of this title, including a statement of the respective responsibilities of, and the remedies and relief available to, any franchisor and franchisee under this title. (2) In the case of summaries required to be furnished under the provisions of section 102(b)(2)(D) or subsection (c)(3)(C) of this section before the date of publication of such summary in the Federal Register, such summary may be furnished not later than 5 days after it is so published rather than at the time required under such provisions.

�


text:
Page:United States Statutes at Large Volume 92 Part 1.djvu/385

 PUBLIC LAW 95-297—JUNE 19, 1978

92 STAT. 331

ENFORCEMENT

SEC. 105. (a) If a franchisor fails to comply with the requirements of section 102 or 103, the franchisee may maintain a civil action against such franchisor. Such action may be brought, without regard to the amount in controversy, in the district court of the United States in any judicial district in which the principal place of business of such franchisor is located or in which such franchisee is doing business, except that no such action may be maintained unless commenced within 1 year after the later of— (1) the date of termination of the franchise or nonrenewal of the franchise relationship; or (2) the date the franchisor fails to comply with the requirements of section 102 or 103. (b)(1) In any action under subsection (a), the court shall grant such equitable relief as the court determines is necessary to remedy the effects of any failure to comply with the requirements of section 102 or 103, including declaratory judgment, mandatory or prohibitive injunctive relief, and interim equitable relief. (2) Except as provided in paragraph (3), in any action under subsection (a), the court shall grant a preliminary injunction if— (A) the franchisee shows— (i) the franchise of which he is a party has been terminated or the franchise relationship of which he is a party has not been renewed, and (ii) there exist sufficiently serious questions going to the merits to make such questions a fair ground for litigation; and (B) the court determines that, on balance, the hardships imposed upon the franchisor by the issuance of such preliminary injunctive relief will be less than the hardship which would be imposed upon such franchisee if such preliminary injunctive relief were not granted. (3) Nothing in this subsection prevents any court from requiring the franchisee in any action under subsection (a) to post a bond, in an amount established by the court, prior to the issuance or continuation of any equitable relief. (4) In any action under subsection (a), the court need not exercise its equity powers to compel continuation or renewal of the franchise relationship if such action was commenced— (A) more than 90 days after the date on which notification pursuant to section 104(a) was posted or personally delivered to the franchisee; (B) more than 180 days after the date on which notification pursuant to section 104(b)(2) was posted or personally delivered to the franchisee; or (C) more than 30 days after the date on which the termination of such franchise or the nonrenewal of such franchise relationship takes effect if less than 90 days notification was provided pursuant to section 104(b)(1). (c) In any action under subsection (a), the franchisee shall have the burden of proving the termination of the franchise or the nonrenewal of the franchise relationship. The franchisor shall bear the burden of going forward with evidence to establish as an affirmative defense that such termination or nonrenewal was permitted under section 102(b) or 103, and, if applicable, that such franchisor complied with the requirements of section 102(d).

39-194 O-80-pt. 1

25: QL3

15 USC 2805. Jurisdiction,

Preliminary injunction.

�


text:
Page:United States Statutes at Large Volume 92 Part 1.djvu/386

 92 STAT. 332 Damages.

•' '

PUBLIC LAW 95-297—JUNE 19, 1978 (d)(1) If the franchisee prevails in any action under subsection (a), such franchisee shall be entitled— (A) consistent with the Federal Rules of Civil Procedure, to actual damages; (B) in the case of any such action which is based upon conduct of the franchisor which was in willful disregard of the requirements of section 102 or 103, or the rights of the franchisee thereunder, to exemplary damages, where appropriate; and (C) to reasonable attorney and expert witness fees to be paid by the f ranchisoi*, unless the court determines that only nominal damages are to be awarded to such franchisee, in which case the court, in its discretion, need not direct that such fees be paid by the franchisor. (2) The question of whether to award exemplary damages and the amount of any such award shall be determined by the court and not by a jury. (3) In any action under subsection (a), the court may, in its discretion, direct that reasonable attorney and expert witness fees be paid by the franchisee if the court finds that such action is frivolous. (e)(1) In any action under subsection (a) with respect to a failure of a franchisor to renew a franchise relationship in compliance with the requirements of section 102, the court may not compel a continuation or renewal of the franchise relationship if the franchisor demonstrates to the satisfaction of the court that— (A) the basis for such nonrenewal is a determination made by the franchisor in good faith and in the normal course of business— (i) to convert the leased marketing premises to a use other than the sale or distribution of motor fuel, (ii) to materially alter, add to, or replace such premises, (iii) to sell such premises, (iv) to withdraw from the marketing of motor fuel through retail outlets in the relevant geographic market area in which the marketing premises are located, or (v) that renewal of the franchise relationship is likely to 'be uneconomical to the franchisor despite any reasonable ' changes or reasonable additions to the provisions of the franchise which may be acceptable to the franchisee; and (B) the requirements of section 104 have been complied with. (2) The provisions of paragraph (1) shall not affect any right of any franchisee to recover actual damages and reasonable attorney and expert witness fees under subsection (d) if such nonrenewal is prohibited by section 102. RELATIONSHIP OF THIS TITLE TO STATE LAW

15 USC 2806.

':

SEC. 106. (a) To the extent that any provision of this title applies to the termination (or the furnishing of notification with respect thereto) of any franchise, or to the nonrenewal (or the furnishing of notification with respect thereto) of any franchise relationship, no State or any political subdivision thereof may adopt, enforce, or continue in effect any provision of any law or regulation (including any remedy or penalty applicable to any violation thereof) with respect to termination (or the furnishing of notification with respect thereto) of any such franchise or to the nonrenewal (or the furnishing of notification with respect thereto) of any such franchise relationship unless such provision of such law or regulation is the same as the applicable provision of this title.

�


text:
Page:United States Statutes at Large Volume 92 Part 1.djvu/387

 PUBLIC LAW 95-297—JUNE 19, 1978

92 STAT. 333

(b) Nothing in this title authorizes any transfer or assignment of any franchise or prohibits any transfer or assignment of any franchise as authorized by the provisions of such franchise or by any applicable provision of State law which permits such transfer or assignment without regard to any provision of the franchise. TITLE II—OCTANE DISCLOSURE DEriNITIONS

SEC. 201. As used in this title: 15 USC 2821. (1) The term "octane rating" means the rating of the antiknock characteristics of a grade or type of automotive gasoline as determined by dividing by 2 the sum of the research octane number plus the motor octane number, unless another procedure is prescribed under section 203(c)(3), in which case such term means the rating of such characteristics as determined under the procedure so prescribed. (2) The terms "research octane number" and "motor octane number" have the meanings given such terms in the specifications of the American Society for Testing and Materials (ASTM) entitled "Standard Specifications for Automotive Gasoline" designated D 439 (as in effect on the date of the enactment of this Act) and, with respect to any grade or type of automotive gasoline, are determined in accordance with test methods set forth in ASTM standard test methods designated D 2699 and D 2700 (as in effect on such date). ' ''' (3) The term "knock" means the combustion of a fuel spontaneously in localized areas of a cylinder of a spark-ignition engine, instead of the combustion of such fuel progressing from the spark. (4) The term "gasoline retailer" means any person who markets automotive gasoline to the general public for ultimate consumption. (5) The term "refiner" means any person engaged in— (A) the refining of crude oil to produce automotive gasoline; or (B) the importation of automotive gasoline. (6) The term "automotive gasoline" means gasoline of a type distributed for use as a fuel in any motor vehicle. (7) The term "motor vehicle" means any self-propelled fourwheeled vehicle, of less than 6,000 pounds gross vehicle weight, which is designed primarily for use on public streets, roads, and highways. (8) The term "new motor vehicle" means any motor vehicle the equitable or legal title to which has not previously been transferred to an ultimate purchaser. (9) The term "ultimate purchaser" means, with respect to any item, the first person who purchases such item for purposes other than resale. (10) The term "manufacturer" means any person who imports, manufactures, or assembles motor vehicles for sale. (11) The term "octane requirement" means, with respect to automotive gasoline for use in a motor vehicle or a class thereof, imported, manufactured, or assembled by a manufacturer, the minimum octane rating of such automotive gasoline which such .L manufacturer recommends for the efficient operation of siich

�


text:
Page:United States Statutes at Large Volume 92 Part 1.djvu/388

 92 STAT. 334

^

laj

PUBLIC LAW 95-297—JUNE 19, 1978 motor vehicle, or a substantial portion of such class, without knocking. (12) The teiin "model year" means a manufacturer's annual production period (as determined by the Federal Trade Commission) for motor vehicles or a class of motor vehicles. If a manufacturer has no annual production period, the term "model year" means the calendar year. (13) The term "commerce" means any trade, traffic, transportation, exchange, or other commerce— (A) between any State and any place outside of such State; or (B) which affects any trade, transportation, exchange, or other commerce described in subparagraph (A). (14) The term "State" means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and any other commonwealth, territory, or possession of the United States. (15) the term "person", for purposes of applying any provision of the Federal Trade Commission Act with respect to any provision of this title, includes a partnership and a corporation. (16) The term "distributor" means any person who receives gasoline and distributes such gasoline to another person other than the ultimate purchaser. OCTANE TESTING AND DISCLOSURE REQUIREMENTS

15 USC 2822.

Rules.

SEC. 202. (a) Each refiner who distributes automotive gasoline in commerce shall— (1) determine the octane rating of any such gasoline; and (2) if such refiner distributes such gasoline to any person other than the ultimate purchaser, certify, consistent with the determination made under paragraph (1), the octane rating of such gasoline. (b) Each distributor who receives automotive gasoline, the octane rating of which is certified to him under this section, and distributes such gasoline in commerce to another person other than the ultimate purchaser shall certify to such other person the octane rating of such gasoline consistent with— (1) the octane rating of such gasoline certified to such distributor; or (2) if such distributor elects (at such time and in such manner as the Federal Trade Commission may, by rule, prescribe), the octane rating of such gasoline determined by such distributor. (c) Each gasoline retailer shall display in a clear and conspicuous manner, at the point of sale to ultimate purchasers of automotive gasoline, the octane rating of such gasoline, which octane rating shall be consistent with— (1) the octane rating of such gasoline certified to such retailer under subsection (a)(2) or (b); (2) if such gasoline retailer elects (at such time and in such ,,, manner as the Federal Trade Commission may, by rule, prescribe), the octane rating of such gasoline determined by such retailer for ,' such gasoline; or (3) if such gasoline retailer is a refiner, the octane rating of such gasoline determined under subsection (a)(1). (d) The Federal Trade Commission shall, by rule, prescribe requirements, applicable to any manufacturer of new motor vehicles, with

�


text:
Page:United States Statutes at Large Volume 92 Part 1.djvu/389

 PUBLIC LAW 95-297—JUNE 19, 1978

92 STAT. 335

respect to the display on each such motor vehicle (or representation in connection with the sale of each such motor vehicle) of the octane requirement of such motor vehicle. (e) No person who distributes automotive gasoline in commerce may make any representation respecting the antiknock characteristics of such gasoline unless such representation fairly discloses the octane rating of such gasoline consistent with such gasoline's octane rating as certified to or determined by such person under the foregoing provisions of this section. (f) For purposes of this section, the octane rating of any automotive gasoline shall be considered to be certified, displayed, or represented by any person consistent with the rating certified to, or determined by, such person— (1) in the case of automotive gasoline which consists of a blend of two or more quantities of automotive gasoline of differing octane ratings, only if the rating certified, displayed, or represented by such person is the average of the octane ratings of such quantities, weighted by volume; or (2) in the case of gasoline which does not consist of such a blend, only if the octane rating such person certifies, displays, or represents is the same as the octane rating of such gasoline certified to, or determined by, such person. (g) The foregoing provisions of this section shall not apply— (1) to any representation (by display at the point of sale or by other means) of any characteristics of any automotive gasoline other than its octane rating; or (2) to the identification of automotive gasoline at the point of sale (or elsewhere) by the trademark, trade name, or other identifying symbol or mark used in connection with the sale of such gasoline. (h) Any display or representation, with respect to the octane requirement of any motor vehicle, required to be made under any rule prescribed under subsection (d) shall not create an express or implied warranty under State or Federal law that any automotive gasoline the octane rating of which equals or exceeds such octane requirement— (1) may be used as a fuel in all motor vehicles of the same class as that motor vehicle without knocking; or (2) may be used as a fuel in such motor vehicle under all operating conditions without knocking. ADMINISTRATION^ AND ENFORCEMENT

SEC. 203. (a) The Federal Trade Commission shall have procedural, Rules. investigative, and enforcement powers, including the power to issue Reports. procedural rules in enforcing compliance with the requirements of 15 USC 2823. this title and rules prescribed pursuant to the requirements of this title, to further define terms used in this title, and to require the filing of reports, the production of documents, and the appearance of witnesses, as though the applicable terms and conditions of the Federal Trade Commission Act were part of this title. 15 USC 58. (b)(1) The Environmental Protection Agency shall— Tests. (A) conduct field testing of the octane rating of automotive gasoline, comparing the tested octane rating of gasoline at retail outlets with the octane rating posted at those outlets; (B) certify the results of such tests and comparisons to the Federal Trade Commission; and

�


text:
Page:United States Statutes at Large Volume 92 Part 1.djvu/390

 92 STAT. 336

Interagency agreements.

Rules,

PUBLIC LAW 95-297—JUNE 19, 1978 (C) notify the Federal Trade Commission of any failure to post the octane rating discovered in the course of such field testing. (2) The Federal Trade Commission may enter into interagency agreements with the Environmental Protection Agency and such other agencies of the United States as the Commission determines appropriate for the purpose of assuring enforcement of the provisions of this title in a manner which is consistent with— (A) minimizing the cost of field inspection and related compliance activities; and (B) reducing duplication of similar or related field compliance activities performed by agencies of the United States. (c)(1) Not later than 6 months after the date of the enactment of this Act, the Federal Trade Commission shall, by rule, prescribe and make effective— (A) a uniform method by which a person may certify to another the octane rating of automotive gasoline; and (B) a uniform method of displaying the octane rating of automotive gasoline at the point of sale to ultimate purchasers. (2) Effective on and after the effective date of the rule prescribed under paragraph (1), any person— (A) shall be considered to satisfy the requirements of subsection (a) or (b) of section 202, as the case may be, only if such person complies with the requirements established pursuant to paragraph (1)(A); and (B) shall be considered to satisfy the requirements of section 202(c) only if such person complies with the requirements established pursuant to paragraph (1)(B). (3) The Federal Trade Commission may, by rule, prescribe procedures for determination of the octane rating of automotive gasoline which varies from that prescribed in section 201(1). In prescribing such rule, the Commission— (A) shall consider— (i) ease of administration and enforcement, and (ii) industry practices in the distribution and marketing of automotive gasoline; and (B) may permit adjustments in such octane rating to take into account the effects of altitude, temperature, and humidity. (4) The Federal Trade Commission may, by rule, prescribe and make effective a method of determining the octane rating of automotive gasoline which consists of a blend of two or more quantities of automotive gasoline of different octane ratings if the Federal Trade Commission finds that the method prescribed more accurately reflects the octane rating of such blend than the weighted-average method set forth in section 202(f)(1). Effective on and after the effective date of such rule, any person shall be considered to satisfy the requirements of section 202(f)(1) only if such person utilizes the method prescribed in such rule (in lieu of the method set forth in section 202(f)(1)). (d)(1) Except as provided in paragraph (2), rules under this title shall be prescribed in accordance with section 553 of title 5, United States Code, except that interested persons shall be afforded an opportunity to present written and oral data, views, and arguments with respect to any proposed rule. (2) Rules prescribed under subsection (c)(3) and section 202(d) shall be prescribed on the record after opportunity for an agency hearing.

�


text:
Page:United States Statutes at Large Volume 92 Part 1.djvu/391

 PUBLIC LAW 95-297—JUNE 19, 1978

92 STAT. 337

(3) Section 18 of the Federal Trade Commission Act (15 U.S.C. 57a) shall not apply with respect to any rule prescribed under this title. (e) It shall be an unfair or deceptive act or practice in or affecting commerce (within the meaning of section 5(a)(1) of the Federal Trade Commission Act) for any person to violate subsection (a), (b), 15 USC 45. (c), or (e) of section 202, or a rule prescribed under subsection (d) of such section. For purposes of the Federal Trade Commission Act 15 USC 58. (including any remedy or penalty applicable to any violation thereof) such a violation shall be treated as a violation of a rule under such Act respecting unfair or deceptive acts or practices; except that for purposes of section 5(m)(l)(A) of such Act, the term "or knowledge 15 USC 45. fairly implied on the basis of objective circumstances" shall not apply to any violation by any gasoline retailer of the requirements of section 202 (c) or (e). RELATIONSHIP OF T H I S TITLE TO STATE LAW

SEC. 204. To the extent that any provision of this title applies to 15 USC 2824. any act or omission, no State or any political subdivision thereof may adopt, enforce, or continue in effect any provision of any law or regulation (including any remedy or penalty applicable to any violation thereof) with respect to such act or omission, unless such provision of such law or regulation is the same as the applicable provision of this title. EFFECTIVE DATES

SEC. 205. (a) Sections 202(a)(1) and 208(b) shall take effect on the 15 USC 2822 first day of the first calendar month beginning more than 6 months °°*®after the date of the enactment of this Act. (b) Subsections (a)(2), (b), (c), and (e) of section 202 shall take effect on the first day of the first calendar month beginning more than 9 months after such date of enactment. (c) Rules under section 202(d) may not take effect earlier than the beginning of the first motor vehicle model year which begins more than 9 months after such date of enactment. TITLE III—STUDY OF SUBSIDIZATION OF MOTOR F U E L MARKETING SEC. 301. (a) The Secretary of Energy, in consultation with the 15 USC 2841. Chairman of the Federal Trade Commission and the Attorney General and other agencies as the Secretary deems appropriate, shall conduct a study of the extent to which producers, refinere, and other suppliers of motor fuel subsidize the sale of such motor fuel at retail or wholesale with profits obtained from other operations. (b) Such study shall examine— (1) the role of vertically integrated operations in facilitating subsidization of sales of motor fuel at wholesale or retail; (2) the extent to which such subsidization is predatory and presents a threat to competition; (3) the profitability of various segments of the petroleum industry; (4) the irnpact of prohibiting such subsidization on the competitive viability of various segments of the petroleum industry, on prices of motor fuel to consumers and on the health and structure of the petroleum industry as a whole; and (5) such other matters as the Secretary considers appropriate.

�


text:
Page:United States Statutes at Large Volume 92 Part 1.djvu/392

 92 STAT. 338 Notice.

Report to Congress.

Rules.

Appropriation authorization.

PUBLIC LAW 95-297—JUNE 19, 1978 (c) In conducting the study required by this section, the Secretary shall give appropriate notice and afford interested persons an opportunity to present written and oral data, views and arguments concerning such study. (d)(1) The Secretary shall report the results of the study required by this section, together with such recommendations for legislative action and such statistical evidence as he deems appropriate to the Congress on or before the expiration of the eighteenth month after the date of enactment of this section. (2) If the President determines that interim measures are necessary and appropriate to maintain the competitive viability of the marketing sector of the petroleum industry during Congressional consideration of the recommendations contained in the report submitted under paragraph (1), he shall prescribe, by rule, in accordance with the procedures set forth in section 523(a) of the Energy Policy and Conservation Act (42 U.S.C. 6393) such interim measures. (3) No interim measure proposed by the President under this section may be submitted after January 1, 1980, and the effect of such measure if approved by the Congress under paragraph (4) may not extend beyond 18 months after such Congressional approval. (4) Such interim measure shall not take effect unless approved by both Houses of Congress as if it were a contingency plan under section 552 of the Energy Policy and Conservation Act (42 U.S.C. 6422): Provided, That the 60-day period referred to in such section shall be extended to 90 days for purposes of this section. (e) There are hereby authorized to be appropriated such sums as may be necessary to carry out the pix)visions of this section. Approved June 19, 1978.

)?

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-161 (Comm. on Interstate and Foreign Commerce). SENATE REPORTS: No. 95-731, and No. 95-732 accompanying S. 743 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD: Vol. 123 (1977): Apr. 5, considered and passed House. Vol. 124 (1978): May 5, 9, considered and passed Senate, amended, in lieu of S. 743. June 6, House agreed to Senate amendments.

�


text:
Page:United States Statutes at Large Volume 92 Part 1.djvu/393

 PUBLIC LAW 95-298—JUNE 26, 1978

92 STAT. 339

Public Law 95-298 95th Congress An Act To authorize appropriations for the tiscal year 1979 for certain maritime programs of the Department of Commerce, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Maritime Appropriation Authorization Act for Fiscal Year 1979". SEC. 2. Funds are authorized to be appropriated without fiscal year limitation as the appropriation Act may provide for the use of the Department of Commerce, for the fiscal year 1979, as follows: (1) For acquisition, construction, or reconstruction of vessels and construction-differential subsidy and cost of national defense features incident to the construction, reconstruction, or reconditioning of ships, not to exceed $157,000,000: Provided, That no funds authorized by this paragraph may be paid to subsidize the construction of any vessel which will not be offered for enrollment in a Sealift Readiness program approved by the Secretary of Defense: Provided further, That in paying the funds authorized by this paragraph, the construction subsidy rate otherwise applicable may be reduced by 5 percent unless the Secretary of Commerce, in his discretion, determines that the vessel to be constructed is part of an existing or future vessel series; (2) For payment of obligations incurred for operating-differential subsidy, not to exceed $262,800,000: Provided, That no funds authorized by this paragraph may be paid for the operation of any vessel which is not offered for participation in a Sealift Readiness program approved by the Secretary of Defense; (3) For expenses necessary for research and development activities, not to exceed $17,500,000; (4) For maritime education and training expenses, not to exceed, $24,647,000, including not to exceed $15,523,000 for maritime training at the Merchant Marine Academy at Kings Point, New York, of which $450,000 shall be for the replacement of barracks windows at the Academy, $7,220,000 for financial assistance to State marine schools, and $1,904,000 for supplementary training courses authorized under section 216(c) of the Merchant Marine Act, 1936; and (5) For operating expenses, not to exceed $34,845,000, including not to exceed $5,516,000 for reserve fleet expenses, and $29,329,000 for other operating expenses. SEC. 3. There are authorized to be appropriated for the fiscal year 1979, in addition to the amounts authorized by section 2 of this Act, such additional supplemental amounts for the activities for which appropriations are authorized under section 2 of this Act, as may be necessary for increases in salary, pay, retirement, or other employee benefits authorized by law, and for increased costs for public utilities, food service, and other expenses of the Merchant Marine Academy at Kings Point, New York.

June 26, 1978 [S. 2553]

Maritime Appropriation Authorization Act for Fiscal Year 1979.

46 USC 1126.

�


text:
Page:United States Statutes at Large Volume 92 Part 1.djvu/394

 92 STAT. 340

S;' i r!J f ..

PUBLIC LAW 95-298—JUNE 26, 1978 SEC. 4. Section 3 of the Maritime Academy Act of 1958 (46 U.S.C. 1382) is amended by the addition of a subsection to read as follows: "(d) The Secretary may pay additional amounts to assist in paying for the cost of fuel oil consumed during training cruises of the vessels referred to in subsection (a).". SEC. 5. Section 1103(f) of the Merchant Marine Act, 1936, as amended (46 U.S.C. 1273 (f)) is amended by striking "$7,000,000,000.", and inserting in lieu thereof "$10,000,000,000.". Approved June 26, 1978.

LEGISLATIVE HISTORY:

\ \ \

HOUSE REPORT No. 95-1155 accompanying H.R. 10729 (Comm. on Merchant Marine and Fisheries). SENATE REPORT No. 95-741 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD, Vol. 124 (1978): Apr. 24, considered and passed Senate. May 22, 23, H.R. 10729 considered and passed House; proceedings vacated and S. 2553, amended, passed in lieu. June 12, Senate concurred in House amendment.

�


text:
Page:United States Statutes at Large Volume 92 Part 1.djvu/395

 PUBLIC LAW 95-299—JUNE 26, 1978

92 STAT. 341

Public Law 95-299 95th Congress An Act To extend until October 1, 1980, the appropriation authorizations for the Great Dismal Swamp and San Francisco Bay National Wildlife Refuges.

June 26. 1978 [H.R. 5493]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 5 of Great Dismal the Act entitled "An Act to provide for the establishment of the Swamp and San San Francisco Bay National Wildlife Refuge", approved June 30, Francisco Bay National 1972 (16 U.S.C. 668jj), is amended by striking out "June 30, 1977" Wildlife and inserting in lieu thereof "September 30, 1980". Refuges. SEC. 2. Section 4 of the Act entitled "An Act to establish the Great Appropriation Dismal Swamp National Wildlife Refuge" (Public Law 93-402, 88 authorization, Stat. 801) is amended to read as follows: extension. "SEC. 4. For purposes of carrying out this Act, there are authorized 86 Stat. 399. to be appropriated not to exceed— "(1) $1,000,000 for the fiscal year ending June 30, 1975; "(2) $3,000,000 for the fiscal year ending June 30, 1976, and the transition quarter beginning July 1, 1976, and ending September 30, 1976; "(3) $3,000,000 for the fiscal year ending September 3, 1977; and "(4) $21,100,000 for the period beginning October 1, 1977, and ending September 30, 1980, of which not to exceed $15,750,000 shall be available for land acquisition and not to exceed $5,350,000 shall be available for purposes other than land acquisition.". Approved June 26, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-317 (Comm. on Merchant Marine and Fisheries). SENATE REPORT No. 95-185 accompanying S. 1237 (Coram, on Environment and Public Works). CONGRESSIONAL RECORD: Vol. 123 (1977): May 16, considered and passed House. May 24, considered and passed Senate, amended, in lieu of S. 1237. Vol. 124 (1978): May 31, House concurred in Senate amendment with an amendment. June 8, Senate concurred to House amendment.

�


text:
Page:United States Statutes at Large Volume 92 Part 1.djvu/396

 92 STAT. 342

PUBLIC LAW 95-300—JUNE 26, 1978

Public Law 95-300 95th Congress An Act June 26, 1978 [H.R. 10884]

Council on Environmental Quality. Appropriation authorization.

83 Stat. 852.

To authorize appropriations to the Council on Environmental Quality for fiscal years 1979, 1980, and 1981.

Be it enacted by the Seriate and House of Representatives of the United States of America in Congress assembled, That section 205 of the Environmental Quality Improvement Act of 1970 (42 U.S.C. 4374) is amended to read as follows: "SEC. 205. There are heieby authorized to be appropriated for the operations of the Office of Environmental Quality and the Council on Environmental Quality not to exceed the following sums for the following fiscal years which sums are in addition to those contained in Public Law 91-190: "(a) $2,126,000 for the fiscal year ending September 30, 1979; and "(b) $3,000,000 for each of the fiscal years ending September 30, 1980, and September 30, 1981.". Approved June 26, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1027 (Comm. on Merchant Marine and Fisheries). SENATE REPORT No. 95-876 (Comm. on Environment and Public Works). CONGRESSIONAL RECORD, Vol. 124 (1978): j^ Apr. 10, considered and passed House. ., May 25, considered and passed Senate, amended. June 12, House concurred in Senate amendment.

�


text:
Page:United States Statutes at Large Volume 92 Part 1.djvu/397

 PUBLIC LAW 95-301—JUNE 26, 1978

92 STAT. 343

Public Law 95-301 95th Congress Joint Resolution Making urgent grain inspection supplemental appropriations for the Department of Agriculture, Federal Grain Inspection Service, for the fiscal year ending September 30, 1978.

June 26, 1978 [H.J. Res. 944]

Resolved by the Senate amd House of Representatives of the Umted States of America in Congress assembled, That the following sum is Supplemental appropriated, out of any money in the Treasury not otherwise appro- appropriations priated, for the fiscal year ending September 30, 1978, namely: I'O7Q**^*^ ^^^"^ DEPARTMENT OF AGRICULTURE FEDERAL GRAIN INSPECTION SERVICE

For necessary expenses to provide Federal administration and supervision related to official inspection or weighing under the United States Grain Standards Act, as amended, $6,488,000. 7 USC 71. Approved June 26, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1223 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 124 (1978): June 16, considered and passed House. June 19, considered and passed Senate.

�


text:
Page:United States Statutes at Large Volume 92 Part 1.djvu/398

 92 STAT. 344

PUBLIC LAW 95-302—JUNE 26, 1978

Public Law 95-302 95th Congress An Act June 26, 1978 [S. 2380]

To amend the Intervention on the High Seas Act to implement the protocol relating to intervention on the high seas in cases of marine pollution by substances other than oil, 1973.

Be it enacted by the Senate and House of Representatives of ths Intervention on United States of America in Congress assembled, That the Interventhe High Seas tion on the High Seas Act (88 Stat. 8, Public Law 93-248) is amended Act, amendment. as follows: 33 USC 1471 (1) Section 2 is amended to read as follows: note. "SEC. 2. As used in this Act— 33 USC 1471. "(1) 'a substance other than convention oil' means those oils, Definitions. noxious substances, liquefied gases, and radioactive substances— " (A) enumerated in the protocol, or "(B) otherwise determined to be hazardous under section 4:(a); "(2) 'convention' means the International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties, 1969, including annexes thereto; "(3) 'convention oil' means crude oil, fuel oil, diesel oil, and lubricating oil; " (4) 'Secretary' means the Secretary of the department in which the Coast Guard is operating; " (5) 'ship' means— "(A) a seagoing vessel of any type whatsoever, and "(B) any noating craft, except an installation or device engaged in the exploration and exploitation of the resources of the seabed and the ocean floor and the subsoil thereof; "(6) 'protocol' means the Protocol Relating to Intervention on the High Seas in Cases of Marine Pollution by Substances Other Than Oil, 1973, including annexes thereto; and "(7) 'United States' means the States, the District of Columbia, the Commonwealth of Puerto Rico, the Canal Zone, Guam, American Samoa, the United States Virgin Islands, the Trust Territory of the Pacific Islands, the Commonwealth of the Northern Mananas, and any other commonwealth, territory, or possession of the United States.". 33 USC 1472. (2) Section 3 is amended by— (A) striking the word "oil" and inserting in lieu thereof the phrase "convention oil or of the sea or atmosphere by a substance other than convention oil"; and (B) striking the word "Convention" and inserting in lieu thereof the phrase "convention, the protocol". 33 USC 1473. (3) Section 4 is amended by— (A) inserting the words "human health," between the words "limited to," and "fish" and designating the existing section as subsection (b); (B) adding a new subsection (a) as follows: "(a) The Secretary, after consultation with the Administrator of the Environmental Protection Agency and the Secretary of Commerce, shall determine when a substance other than those enumerated

�


text:
Page:United States Statutes at Large Volume 92 Part 1.djvu/399

 PUBLIC LAW 95-302—JUNE 26, 1978

92 STAT. 345

in the protocol is liable to create a hazard to human health, to harm living resources, to damage amenities, or to interfere with other legitimate uses of the sea.". (4) Section 10 is amended by adding a new subsection (c) as follows: 33 USC 1479. "(c) With respect to intervention for a substance identified pursuant to section 4(a), the United States has the burden of establishing that, under the circumstances present at the time of the intervention, the substance could reasonably pose a grave and imminent danger analogous to that posed by a substance enumerated in the protocol.". 33 USC 1482. (5) Section 13 is amended— (A) in subsection (a) by striking the period at the end of the subsection and inserting in lieu thereof the phrase "and article II of the protocol and may propose amendments to the list of substances other than convention oil in accordance with article III of the protocol."; and (B) in subsection (b) by striking the words "annexes thereto" and inserting in lieu thereof the word "protocol". (C) by adding a new subsection (c) as follows: "(c) The President may accept amendments to the list of substances other than convention oil in accordance with article III of the protocol.". (6) Section 15 is amended by inserting the words ", the protocol," 33 USC 1484. between the words "convention" and "and". SEC. 2. This Act shall be effective upon the date of enactment, or Effective date. upon the date the protocol becomes effective as to the United States, 33 USC 1487 note. whichever is later. Approved June 26, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1238 accompanying H.R. 188 (Comm. on Merchant Marine and Fisheries). SENATE REPORT No. 95-785 (Comm. on eommerce, Science, and Transportation). CONGRESSIONAL RECORD, Vol 124 (1978): May 11, considered and passed Senate. June 5, considered and passed House, amended, in lieu of H.R. 188. June 13, Senate concurred in House amendment.

�


text:
Page:United States Statutes at Large Volume 92 Part 1.djvu/400

 92 STAT. 346

PUBLIC LAW 95-303—JUNE 29, 1978

Public Law 95-303 95th Congress An Act June 29, 1978 [H.R. 5176] Levulose, lower duty.

To lower the duty on levulose until the close of.Tune 30, 1980.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subpart B of part 1 of the Appendix to the Tariff Schedules of the United States (19 U.S.C. 1202) is amended by inserting after item 907.80 the following new item: 907.90

19 USC 1202 note.

si

Levulose (provided for in item 493.66, part 13B, schedule 4)

10 percent ad val.

No change On or before 6/30/8C I

SEC. 2. The amendment made by the first section of this Act shall apply with respect to articles entered, or withdrawn from warehouse, for consumption on or after the date of the enactment of this Act. Approved June 29, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-434 (Comm. on Ways and Means). SENATE REPORT No. 95-796 (Comm. on Finance). CONGRESSIONAL RECORD: Vol. 123 (1977): July 18, considered and passed House. Vol. 124 (1978): June 9, considered and passed Senate, amended; June 14, House concurred in Senate amendment.

�


text:
Page:United States Statutes at Large Volume 92 Part 1.djvu/401

 PUBLIC LAW 95-304—JUNE 29, 1978

92 STAT. 347

Public Law 95-304 95th Congress An Act To amend the National Advisory Committee on Oceans and Atmosphere Act of 1977 to authorize appropriations to carry out the provisions of such Act for fiscal year 1979, and for other purposes.

June 29, 1978 [H.R. 10823]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Xational National Advisory Advisory Committee on Oceans and Atmosj^here Act of 1977 {?>?> Committee on U.S.C. 857-13—857-18) is amended— (1) by striking out "except that" and all that follows thereafter Oceans and in section 3(b)(1) and inserting in lieu thereof "except that of the Atmosphere Act of 1977, original appointees, 6 shall be appointed for a term to expire on amendment. July 1, 1979, 6 shall be appointed foi- a term to expire on July 1, 33 USC 857-14. 1980, and 6 shall be appointed for a term to expire on July 1, 1981."; and (2) by striking out "1978." in section 8 and inserting in lieu 33 USC 857-18. thereof "1978, and $572,000 for the fiscal year ending September 30, 1979.". Approved June 29, 1978.

LEGISLATIVE HISTORY:

'

HOUSE REPORT No. 95-1013 (Comm. on Merchant Marine and Fisheries). SENATE REPORT No. 95-862 (Comm. on eommerce, Science, and Transportation). CONGRESSIONAL RECORD, Vol. 124 (1978): Apr. 17, considered and passed House. June 5, considered and passed Senate, amended. June 14, House concurred in Senate amendment.

39-194 O—80—pt. 1

26: QL3

�


text:
Page:United States Statutes at Large Volume 92 Part 1.djvu/402

 92 STAT. 348

PUBLIC LAW 95-305—JUNE 29, 1978

Public Law 95-305 95th Congress An Act June 29, 1978 [S. 2973]

John F. Kennedy Center. Appropriation authorization. 20 USC 76/.

Authorizing appropriations to the Secretary of the Interior for services necessary to the nouperforming arts functions of the.Tolui F. Ivennedy Center for the Performing Arts, and for other purposes.

Be it enacted by the Senate and Hoiuse of Representatives of the United States of America in Congress assembled, That subsection (e) of section 6 of the John F. Kennedy Center Act (72 Stat. 1698), as amended, is amended by adding at the end thereof the following: "There is authorized to be appropriated to carry out this subsection not to exceed $4,200,000 for the fiscal year ending September 30, 1979."'. Approved June 29, 1978.

v»v.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1113 accompaning H.R. 12098 (Coram, on Public Works and Transportation). SENATE REPORT No. 95-831 (Coram, on Environment and Public Works). CONGRESSIONAL RECORD, Vol. 124 (1978): May 23, considered and passed Senate. June 21, considered and passed House, in lieu of H.R. 12098.

�


text:
Page:United States Statutes at Large Volume 92 Part 1.djvu/403

 PUBLIC LAW 95-306—JUNE 30, 1978

Public Law 95-306 95th Congress

92 STAT. 349

An Act

To provide for an expanded and comprehensive extension program for forest and rangeland renewable resources.

June 30, 1978 [H.R. 11779]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may- Renewable Resources be cited as the "Renewable Resources Extension Act of 1978". Extension Act of 1978. 16 USC 1600 note. SEC. 2. Congress finds that— (1) the extension program of the Department of Agriculture 16 USC 1671. FINDINGS

.

and the extension activities of each State provide useful and productive educational programs for private forest and range landowners and processors and consumptive and nonconsumptive users of forest and rangeland renewable resources, and these educational programs complement research and assistance programs conducted by the Department of Agriculture; (2) to meet national goals, it is essential that all forest and rangeland renewable resources (hereinafter in this Act referred '*• to as "renewable resources"), including fish and wildlife, forage, outdoor recreation opportun^jties, timber, and water, be fully considered in designing educational programs for landowners, processors, and users; ' (3) more efficient utilization and marketing of renewable resources extend available supplies of such resources, provide products to consumers at prices less than they would ottherwise be, and promote reasonable returns on the investments of landowners, processors, and users; (4) trees and forests in urban areas improve the esthetic quality, reduce noise, filter impurities from the air and add oxygen to it, save energy by moderating temperature extremes, control wind and water erosion, and provide habitat for wildlife; and (5) trees and shrubs used as shelterbelts protect farm lands from wind and water erosion, promote moisture accumulation in the soil, and provide habitat for wildlife. TYPES or

PROGRAMS; ELIGIBLE COLLEGES AND

UNIVERSITIES

SEC. 3. (a) The Secretary of Agriculture (hereinafter in this Act 16 USC 1672. referred to as the "Secretary"), under conditions the Secretary may prescribe and in cooperation with the State directors of cooperative extension service programs and eligible colleges and universities, shall— ' (1) provide educational programs that enable individuals to recognize, analyze, and resolve problems dealing with renewable resources, including forest- and range-based outdoor recreation opportunities, trees and forests in urban areas, and trees and shrubs in shelterbelts; (2) use educational programs to disseminate the results of research on renewable resources; (3) conduct educational programs that transfer the best available technology to those involved in the management and protec-

�


text:
Page:United States Statutes at Large Volume 92 Part 1.djvu/404

 92 STAT. 350

"Eligible colleges and universities."

PUBLIC LAW 95-306—JUNE 30, 1978 tion of forests and rangelands and the processing and use of their associated renewable resources; (4) develop and implement educational programs that give special attention to the educational needs of small, private nonindustrial forest landowners; (5) develop and implement educational programs in range and fish and wildlife management; (6) assist in providing continuing education programs for professionally trained individuals in fish and wildlife, forest, range, and waterehed management and related fields; (7) help forest and range landowners in securing technical and financial assistance to bring appropriate expertise to bear on their problems; and (8) help identify areas of needed research regarding renewable resources. (b) As used in this Act, the term "eligible colleges and universities" means colleges and universities eligible to be supported and maintained, in whole or in part, with funds made available under the provisions of the Act of Julv 2, 1862 (12 Stat. 503-505, as amended; 7 U.S.C. 301-305, 307, 308)', and the Act of August 30, 1890 (26 Stat. 417-419, as amended; 7 U.S.C. 321-326,328), including Tuskegee Institute, and colleges and universities eligible for assistance under the Act of October 10, 1962 (76 Stat. 806-807, as amended; 16 U.S.C. 582a, 582a-l—582a-7). (c) In implementing this section, all appropriate educational methods may be used, including, but not limited to, meetings, short courses, workshops, tours, demonstrations, publications, news releases, and radio and television programs. STATE REXEWABLE RESOURCES EXTENSION

16 USC 1673.

^

"'

7 USC 3123.

PROGRAMS

SEC. 4. (a) The State director of cooperative extension programs (hereinafter in this Act referred to ps the "State director") and the administrative heads of extension for eligible colleges and universities in each State shall jointly develop, by mutual agreement, a single comprehensive and coordinated renewable resources extension program in which the role of each eligible college and university is welldefined. In meeting this responsibility, the State director and the administrative heads of extension for eligible colleges and universities shall consult and seek agreement with the administrative technical representatives and the forestry representatives provided for by the Secretary in implementation of the Act of October 10, 1962 (76 Stat. 806-807, as amended; 16 U.S.C. 582a, 582a-l—582a-7), in the State. Each State's renewable resources extension program shall be submitted to the Secretary annually. The National Agricultural Research and Extension Users Advisory Board established under section 1408 of the Food and Agriculture Act of 1977 shall review and make recommendations to the Secretary pertaining to programs conducted under this Act. (b) The State director and the administrative heads of extension for eligible colleges and universities in each State shall encourage close cooperation between extension staffs at the county and State levels, and State and Federal research organizations dealing with renewable resources. State and Federal agencies that manage forests and rangelands and their associated renewable resources, State and Federal agencies that have responsibilities associated with the processing or use

�