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Page:United States Statutes at Large Volume 92 Part 1.djvu/850

 92 STAT. 796

PUBLIC LAW 95-392—SEPT. 30, 1978 CONSUMER PRODUCT SAFETY COMMISSION SALARIES AND EXPENSES

For necessary expenses of the Consumer Product Safety Commission, including rent in the District of Columbia, hire of passenger motor vehicles, services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem rate equivalent to the rate for 3 CFR 1977 GS-18, and not to exceed $500 for oiScial reception and representation, Comp., p. 142. $40,000,000: Provided, That funds provided by this appropriation for 5 USC 5332 note, laboratories shall be available only for the acquisition or conversion of existing laboratories. DEPARTMENT or DEFENSE—CIVIL CEMETERIAL EXPENSES, ARMY SALARIES AND EXPENSES

For necessary expenses, as authorized by law, of maintenance, operation, and improvement of the cemetery at the Soldiers' and Airmen's Home and Arlington National Cemetery, including the purchase of one passenger motor vehicle, $5,100,000, to remain available until expended: Provided, That reimbursement shall be made to the applicable military appropriation for the pay and allowances of any military personnel performing services primarily for the purposes of this appropriation. ENVIRONMENTAL PROTECTION AGENCY AGENCY AND REGIONAL MANAGEMENT

For agency and regional management expenses, including not to exceed $3,000 for official reception and representation expenses, $84,185,000. RESEARCH AND DEVELOPMENT

For research and development activities, $328,528,000, to remain available until September 30, 1980. ABATEMENT AND CONTROL

For abatement and control activities, $692,915,000, to remain available until September 30, 1980. ENFORCEMENT

For enforcement activities, $94,755,000. BUILDINGS AND FACILITIES

For construction, repair, improvement, extension, alteration, and purchase of fixed equipment of facilities of or used by the Environmental Protection Agency, $1,063,000, to remain available until expended. CONSTRUCTION

33 USC 1281. 33 USC 1286, 1288, 1289.

GRANTS

For necessary expenses to carry out title II of the Federal Water Pollution Control Act, as amended, other than sections 206, 208, and 209, $4,200,000,000, to remain available until expended, and for

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Page:United States Statutes at Large Volume 92 Part 1.djvu/851

 PUBLIC LAW 95-392—SEPT. 30, 1978

92 STAT. 797

liquidation of obligations incurred pursuant to authority contained in section 203, $1,400,000,000 to remain available until expended. 33 USC 1283. SCIENTIFIC ACTIVITIES OVERSEAS (SPECIAL FOREIGN PROGRAM)

CURRENCY

For payments in foreign currencies which the Treasury Department determines to be excess to the normal requirements of the United States, for necessary expenses of the Environmental Protection Agency in the conduct of scientific activities overseas in connection with environmental pollution, as authorized by law, $2,500,000, to remain available until expended: Provided, That this appropriation shall be available in addition to other appropriations to such Agency, for payments in the foregoing currencies. ADMINISTRATIVE

PROVISIONS

Not to exceed 7 per centum of any appropriation made available to the Environmental Protection Agency by this Act (except appropriations for "Construction grants") may be transferred to any other such appropriation. Appropriations made available to the Environmental Protection Agency by this Act (except appropriations for "Construction grants", "Scientific activities overseas", and "Buildings and facilities") shall be available for hire of passenger motor vehicles; hire, maintenance, and operation of aircraft; uniforms, or allowances therefor, as authorized by 5 U.S.C. 5901-5902; services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem rate equivalent to the rate for GS-18; purchase of reprints; and library memberships in 3 CFR, 1977 societies or associations which issue publications to members only Comp., p. 142. or at a price to members lower than to subscribers who are not mem- ^ ^^^ ^332 note, bers. EXECUTIVE OFFICE OF THE PRESIDENT COUNCIL O N ENVIRONMENTAL QUALITY AND OFFICE OF ENVIRONMENTAL

QUALITY

For necessary expenses of the Council on Environmental Quality and the Office of Environmental Quality, in carrying out their functions under the National Environmental Policy Act of 1969 (Public Law 91-190), the Environmental Quality Improvement Act of 1970 (Public Law 91-224), and Reorganization Plan No. 1 of 1977, including not to exceed $500 for official reception and representation expenses, and hire of passenger motor vehicles, $3,026,000. OFFICE OF SCIENCE AND TECHNOLOGY POLICY

For necessary expenses of the Office of Science and Technology Policy, in carrying out the purposes of the National Science and Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C. 6601 and 6671), hire of passenger motor vehicles, services as authorized by 5 U.S.C. 3109, not to exceed $1,000 for official reception and representation expenses, and rental of conference rooms in the District of Columbia, $2,476,000.

42 USC 4321 note, 42 USC 4371 "°t®5 USC app.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/852

 92 STAT. 798

PUBLIC LAW 95-392—SEPT. 30, 1978 GKNERAL SERVICES ADMINISTRATION CONSUMER INFORMATION CENTER

For necessary expenses of the Consumer Information Center, including services authorized by 5 U.S.C. 3109, $1,146,000: Provided, That this appropriation shall be available, subject to reimbursement by user agencies, for payment to the Government Printing Office for distribution of free consumer information. DEPARTMENT or HEALTH, EDUCATION, AND WELFARE OFFICE OF CONSUMER AFFAIRS

For necessary expenses of the Office of Consumer Affairs, including services authorized by 5 U.S.C. 3109, $1,700,000. •J -it!

ri

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 1

.

.

RESEARCH AND

DEVELOPMENT

For necessary expenses, not otherwise provided for, including research, development, operations, services, minor construction, maintenance, repair, rehabilitation and modification of real and personal property; tracking and data relay satellite services as authorized by law; and purchase, hire, maintenance, and operation of other than administrative aircraft, necessary for the conduct and support of aeronautical and space research and development activities of the National Aeronautics and Space Administration, $3,292,200,000, to remain available until September 30, 1980. CONSTRUCTION OF FACILITIEa

..;.-?

For construction, rehabilitation and modification of facilities, minor construction of new facilities and additions to existing facilities, and for facility planning and design not otherwise provided, for the National Aeronautics and Space Administration, and for the acquisition or condemnation of real property, as authorized by law, $147,500,000, to remain available until September 30, 1981: Provided, That, notwithstanding the limitation on the availability of funds appropriated under this head by this appropriation Act, when any activity has been initiated by the incurrence of obligations therefor, the amount available for such activity shall remain available until expended, except that this provision shall not apply to the amounts appropriated pursuant to the authorization for rehabilitation and modification of facilities, minor construction of new facilities and additions to existing facilities, and facility planning and design. RESEARCH AND PROGRAM MANAGEMENT

>

For necessary expenses of research in Government laboratories, management of programs and other activities of the National Aeronautics and Space Administration, not otherwise provided for, including uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901-5902); awards; purchase (not to exceed one, for replacement only of one or more existing aircraft, at least one of which shall be an administrative aircraft, which existing aircraft may be exchanged in part payment), hire, maintenance and operation of

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Page:United States Statutes at Large Volume 92 Part 1.djvu/853

 PUBLIC LAW 95-392—SEPT. 30, 1978 administrative aircraft; puichase (not to exceed twenty-nine for replacement only) and hire of passenger motor vehicles; and maintenance and repair of real and personal property, and not in excess of $25,000 per project for construction of new facilities and additions to existing facilities, and not in excess of $50,000 per project for rehabilitation and modification of facilities; $910,500,000: Provided, That contracts may be entered into under this appropriation for maintenance and operation of facilities, and for other services, to be provided during the next fiscal year: Provided further. That not to exceed $25,000 of the foregoing amount shall be available for scientific consultations or extraordinary expense, to be expended upon the approval or authority of the Administrator and his determination shall be final and conclusive. NATIONAL COMMISSION ON AIR QUALITY SALARIES AND EXPENSES

For necessary expenses of the National Commission on Air Quality as authorized by the Clean Air Act Amendments of 1977 (42 U.S.C. 7623 and 7626), including services as authorized by 5 U.S.C. 3109, $2,000,000. NATIONAL INSTITUTE or BUILDING SCIENCES SALARIES AND EXPENSES

For necessary expenses of the National Institute of Building Sciences as authorized by section 809 of the Housing and Community Development Act of 1974, as amended (12 U.S.C. 1701 j - 2), $750,000. NATIONAL SCIENCE FOUNDATION RESEARCH AND RELATED ACTIVITIES

For necessary expenses in carrying out the purposes of the National Science Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), title IX of the National Defense Education Act of 1958 (42 U.S.C. 1876-1879), and the Act to establish a National Medal of Science (42 U.S.C. 1880-1881); services as authorized by 5 U.S.C. 3109; maintenance and operation of aircraft and purchase of flight services for research support; hire of passenger motor vehicles; not to exceed $3,500 for official reception and representation expenses; not to exceed $54,800,000 for program development and management; uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901-5902); rental of conference rooms in the District of Columbia; and reimbursement of the General Services Administration for security guard services; $827,000,000, to remain available until September 30, 1980: Provided, That not more than $55,500,000 shall be available for Applied Science and Research Applications, of which not more than $1,000,000 shall be for Problem Analysis, not more than $5,000,000 for Integrated Basic Research, not more than $17,400,000 for Earthquake Hazards Mitigation, and not more than $2,400,000 for Community Water Management: Provided further. That receipts for scientific support services and materials furnished by the National Research Centers may be credited to this appropriation: Provided further. That if an institution of higher education receiving funds hereunder determines after affording notice and opportunity for hearing to an individual attend-

92 STAT. 799

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Page:United States Statutes at Large Volume 92 Part 1.djvu/854

 92 STAT. 800

3 CFR, 1977 Comp., p. 142.

PUBLIC LAW 95-392—SEPT. 30, 1978 ing, or employed by, such institution, that such individual has, after the date of enactment of this Act, willfully refused to obey a lawful r e f l a t i o n or order of such institution and that such refusal was of a serious nature and contributed to the disruption of the administration of such institution, then the institution shall deny any further payment to, or for the benefit of, such individual: Provided further, That of the foregoing amounts, funds available to meet minima authorized by any other Act shall be available only to the extent such funds are not in excess of amounts provided herein: Provided further, That unless otherwise specified by this appropriation, the ratio of amounts made available under this Act for a program or minima to the amounts specified for a program or minima in any other Act, for the activity for which the limitation applies, shall not exceed the ratio that the total funds appropriated in this Act bear to the total funds authorized in such Act, for the activity for which the limitation applies: Provided further. That none of the funds provided by this Act shall be used to pay an investigator, through a grant, at more than the maximum rate paid for ( T S - 1 8, unless expressly approved by the Director of the National Science Foundation.

5 USC 5332 note. SCIENCE EDUCATTON ACTIVITIES

For necessary expenses in carrying out science education programs and activities pursuant to the purposes of the National Science Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), including award of graduate fellowships, services as authorized by 5 U.S.C. 3109, and rental of conference rooms in the District of Columbia, $80.000,000: Provided, That of the foregoing amounts, funds available to meet minima authorized by any other Act shall be available only to the extent such funds are not in excess of amounts provided herein: Provided further, That unless otherwise specified by this appropriation, the ratio of amounts made available under this Act for a program or minima to the amounts specified for a program or minima in any other Act, for the activity for which the limitation applies, shall not exceed the ratio that the total funds appropriated in this Act bear to the total funds authorized in such Act, for the activity for which the limitation applies. SCIENTIFIC ACTIVITIES OVERSEAS (SPECIAL FOREIGN CURRENCY PROGRAM)

For payments in foreign currencies which the Treasury Department determines to be excess to the normal requirements of the United States, for scientific activities, as authorized by law, $4,000,000, to remain available until September 30, 1980: Provided, That this appropriation shall be available in addition to other appropriations to the National Science Foundation, for payments in the foregoing currencies. SELECTIVE SERVICE SYSTEM SALARIES AND EXPENSES

^

For necessary expenses of the Selective Service System, including expenses of attendance at meetings and of training for uniformed personnel assigned to the Selective Service System, as authorized by law (5 U.S.C. 4101-4118) for civilian employees; and not to exceed $500 for official reception and representation expenses; $7,045,000: Provided, That during the current fiscal year, the President may

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Page:United States Statutes at Large Volume 92 Part 1.djvu/855

 PUBLIC LAW 9 5 - 3 9 2 — S E P T. 30, 1978 exempt this appropriation from the provisions of subsection (c) of section 3679 of the Revised Statutes, as amended, whenever he deems such action to be necessary in the interest of national defense: Provided further, That none of the funds appropriated by this Act may be expended for or in connection with the induction of any person into the Armed Forces of the United States, DEPARTMENT

OF THE

92 STAT. 8 0 1

31 USC 665.

TREASURY

PAYMENTS TO STATE AND LOCAL GOVERNMENT FISCAL ASSISTANCE TRUST FUND

For payments to the State and Local Government Fiscal Assistance T r u s t F u n d, as authorized by the State and Local Fiscal Assistance Act of 1972, as amended (31 U.S.C. 1221-1263), $6,854,924,000. ( OFFICE OF REVENUE SHARING, SALARIES AND EXPENSES

For necessary expenses in the Office of Revenue Sharing, including the hire of passenger motor vehicles, $7,200,000. N E W YORK CITY SEASONAL F I N A N C I N G F U N D, ADMINISTRATIVE EXPENSES

For necessary administrative expenses as authorized by the New Y o r k City Seasonal F i n a n c i n g Act of 1975 (31 U.S.C. 1 5 0 7 (c)), $1,050,000. VETERANS

ADMINISTRATION

COMPENSATION AND

PENSIONS

For the payment of compensation, pensions, gratuities, and allowances, including burial awards, plot allowances, burial flags, headstones and grave markers, emergency and other officers' retirement pay, adjusted-service credits and certificates, and other benefits as authorized by law; and for payment of amounts of compromises or settlements under 28 U.S.C. 2672 and 2677 of tort claims potentially subject to the offset provisions of 38 U.S.C. 351, and for payment of premiums due on commercial life insurance policies guaranteed under the provisions of article IV of the Soldiers' and Sailors' Civil Relief Act of 1940, as amended, $9,577,300,000, to remain available until expended.

50 USC app. note prec. 540.

READJUSTMENT BENEFITS

For the payment of readjustment and rehabilitation benefits to or on behalf of veterans as authorized by law (38 U.S.C. chapters 21, 31, 32, 34-36 and 39), $2,144,000,000, to remain available until expended. VETERANS INSURANCE AND I N D E M N I T I E S

For military and naval insurance, national service life insurance, servicemen's indemnities, and service-disabled veterans insurance, $5,750,000, to remain available until expended. MEDICAL CARE

For necessary expenses for the maintenance and operation of hospitals, nursing homes, and domiciliary facilities; for furnishing, as authorized by law, inpatient and outpatient care and treatment to beneficiaries of the Veterans Administration, including care and treatment

38 USC 801, 1501, 1601, l^^^J"

1901.

'

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Page:United States Statutes at Large Volume 92 Part 1.djvu/856

 92 STAT. 802

PUBLIC LAW 95-392—SEPT. 30, 1978 in facilities not under the jurisdiction of the Veterans Administration, and furnishing recreational facilities, supplies and equipment; funeral, burial and other expenses incidental thereto for beneficiaries receiving care in Veterans Administration facilities; repairing, altering, improving br providing facilities in the several hospitals and homes under the jurisdiction of the Veterans Administration, not otherwise provided for, either by contract or by the hire of temporary employees and purchase of materials; uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901-5902); and aid to State homes as authorized by law (38 U.S.C. 641); $5,334,374,000, plus reimbursements. -^

'''

MEDICAL AND PROSTHETIO RESEARCH

For necessary expenses in carrying out programs of medical and prosthetic research and development, as authorized by law, to remain available until September 30, 1980, $122,847,000, plus reimbursements. ^ MEDICAL ADMINISTRATION AND MISCELLANEOUS OPERATING EXPENSES

For necessary expenses in the administration of the medical, hospital, domiciliary, construction and supply, research, employee education and training activities, as authorized by law, and for carrying out the provisions oi section 5055, title 38, United States Code, relating to pilot programs and grants for exchange of medical information, $47,058,000, plus reimbursements. GENERAL OPERATING EXPENSES

For necessary operating expenses of the Veterans Administration, not otherwise provided for, including uniforms or allowances therefor, as authorized by law; not to exceed $3,000 for official reception and representation expenses; cemeterial expenses as authorized by law, purchase of eleven passenger motor vehicles, for use in cemeterial operations, and hire of passenger motor vehicles; and reimbursement of the General Services Administration for security guard services, and the Department of Defense for the cost of overseas employee mail; $615,964,000. CONSTRUCTION, MAJOR PROJECTS

'

89 Stat. 595.

90 Stat. 1105.

^

For constructing, altering, extending and improving any of the facilities under the jurisdiction or for the use of the Veterans Administration, or for any of the purposes set forth in sections 1004, 1006, 6001, 5002, 5004 and 5012 of title 38, United States Code, including planning, architectural and engineering services, and site acquisition, where the estimated cost of a project is $1,000,000 or more, or where funds for a project were made available in a previous major project appropriation, $365,560,000, to remain available until expended: Provided, That $1,424,600 of the $6,259,000 made available in Public Law 94-116 for construction of a research and education facility at Houston, Texas is made available to other Construction, major projects until expended; that $615,900 of the $6,700,000 made available in Public Law 94-116 for construction of a research and education facility at Jackson, Mississippi is made available to other Construction, major projects until expended; that $925,700 of the $5,800,000 made available in Public Law 94-378 for construction of a research and education facility at Dallas, Texas is made available to other Construction, major projects until expended; that $4,400,000 of the $10,000,000 made avail-

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Page:United States Statutes at Large Volume 92 Part 1.djvu/857

 PUBLIC LAW 95-392—SEPT. 30, 1978

92 STAT. 803

able in Public Law 94-378 for construction of facilities on government- 90 Stat. 1105. owned land for a TARGET data processing center is made available to other Construction, major projects until expended: Provided further. That none of these funds shall be used for any project which has not iaeen considered and approved by the Congress in the budgetary process. CONSTRUCTION, MINOR

PROJECTS

For constructing, altering, extending, and improving any of the facilities under the jurisdiction or for the use of the Veterans Administration, including planning, architectural and engineering services, and site acquisition, or for any of the purposes set forth in sections 1004, 1006, 5001, 5002, 5004, and 5012 of title 38, United States Code, where the estimated cost of a project is less than $1,000,000, $85,401,000, to remain available until expended: Provided, That not more than $21,450,000 shall be available for expenses of the Office of Construction. GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE FACILITIES

For grants to assist the several States to construct State nursing home and domiciliary facilities and to remodel, modify or alter existing hospital, nursing home and domiciliary facilities m State homesj for furnishing care to veterans, as authorized by law (38 U.S.C. 50315037), $10,000,000, to remain available until September 30, 1981. ASSISTANCE FOR H E A L T H MANPOWER TRAINING INSTITUTIONS

^.,.,.

For pilot programs for assistance in the establishment of new State medical schools, grants to affiliated medical schools, assistance to public and nonprofit institutions of higher learning, hospitals and other health manpower institutions affiliated with the Veterans Administration to increase the production of professional and other health personnel, and for expansion of Veterans Administration hospital education and training capacity as authorized by 38 U.S.C. chapter 82, $47,437,000, to remain available until September 30, 1985. 38 USC 5070 tt seq. LOAN GUARANTY REVOLVING

FUND

During the current fiscal year, the Loan guaranty revolving fund shall be available for expenses for property acquisitions, payment of participation sales insufficiencies, and other loan guaranty and insurance operations under chapter 37, title 38, United States Code, except 38 USC 1801 et administrative expenses, as authorized by section 1824 of such title: ««9Provided, That the unobligated balances including retained earnings of the Direct loan revolving fund shall be available, during the current fiscal year, for transfer to the Loan guaranty revolving fund in such amounts as may be necessary to provide for the timely payment of obligations of such fund and the Administrator of Veterans Affairs shall not be required to pay interest on amounts so transferred after the time of such transfer. > ADMINISTRATIA'E PROVISIONS

Not to exceed 5 per centum of any appropriation for the current fiscal year for "Compensation and pensions", "Readjustment benefits", and "Veterans insurance and indemnities" may be transferred to any other of the mentioned appropriations, but not to exceed 10 per centum of the appropriations so augmented.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/858

 92 STAT. 804

PUBLIC LAW 95-392—SEPT. 30, 1978 Appropriations available to the Veterans Administration for the current fiscal year for salaries and expenses shall be available for services as authorized by 5 U.S.C. 3109. No part of the appropriations in this Act for the Veterans Administration (except the appropriations for "Construction, major projects" and "Construction, minor projects") shall be available for the purchase of any site for or toward the construction of any new hospital or home. No part of the foregoing appropriations shall be available for hospitalization or examination of any persons except beneficiaries entitled under the laws bestowing such benefits to veterans, unless reimbursement of cost is made to the appropriation at such rates as may be fixed by the Administrator of Veterans Affairs. TITLE III CORPORATIONS

Corporations and agencies of the Department of Housing and Urban Development and the Federal Home Loan Bank Board which 31 USC 841 note, are subject to the Government Corporation Control Act, as amended, are hereby authorized to make such expenditures, within the limits of funds and borrowing authority available to each such corporation or agency and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by 31 USC 849. section 104 of the Act as may be necessary in carrying out the programs set forth in the budget for the current fiscal year for such corporation or agency except as hereinafter provided: Provided, That collections of these corporations and agencies may be used for new loan or mortgage purchase commitments only to the extent expressly provided for in this Act (unless such loans are in support of other forms of assistance provided for in this or prior appropriation Acts), except that this proviso shall not apply to the mortgage insurance or guaranty s: O; T operations of these corporations, or where loans or mortgage purchases V are necessary to protect the financial interest of the United States Government. FEDERAL HOME LOAN BANK BOARD LIMITATION ON ADMINISTRATIVE AND NONADMINISTRATIVE EXPENSES, FEDERAL HOME LOAN BANK BOARD

Not to exceed a total of $17,793,000 shall be available for administrative expenses of the Federal Home Loan Bank Boardj which may procure services as authorized by 5 U.S.C. 3109, and contracts for such services with one organization may be renewed annually, and uniforms or allowances therefor in accordance with law (5 U.S.C. 5901-5902), and said amount shall be derived from funds available to the Federal Home Loan Bank Board, including those in the Federal Home Loan Bank Board revolving fund and receipts of the Board for the current fiscal year and prior fiscal years, and the Board may utilize and may make payment for. services and facilities of the Federal home loan banks, the Federal Reserve banks, the Federal Savings and Loan Insurance Corporation, the Federal Home Loan Mortgage Corporation, and other agencies of the Government (including payment for office space): Provided, That all necessary expenses in connection with the conservatorship or liquidation of institutions insured by the Fed-

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Page:United States Statutes at Large Volume 92 Part 1.djvu/859

 PUBLIC LAW 95-392—SEPT. 30, 1978 eral Savings and Loan Insurance Corporation, liquidation or handling of assets of or derived from such insured institutions, payment of insurance, and action for or toward the avoidance, termination, or minimizing of losses in the case of such insured institutions, or activities relating to section 5 A (f) or 6(i) of the Federal H o m e Loan B a n k Act, section 5(d) of the H o m e Owners' L o a n Act of 1933. section 12(i) of the Securities Exchange Act of 1934, or section 406(c), 407, or 408 of the National Housing Act and all necessary expenses (including services performed on a contract or fee basis, but not including other personal services) in connection with the handling, including the purchase, sale, and exchange, of securities on behalf of Federal home loan banks, and the sale, issuance, and retirement of, or payment of interest on, debentures or bonds, under the Federal H o m e Loan B a n k Act, as amended, shall be considered as nonadministrative expenses for the purposes hereof: Provided further, That members and alternates of the Federal Savings and Loan Advisory Council shall be entitled to reimbursement from the Board as approved by the B o a r d for transportation expenses incurred in attendance at meetings of or concerned with the work of such Council and may be paid in lieu of subsistence per diem not to exceed the dollar amount set forth in 5 TJ.S.C. 5703: Provided further, That expenses of any functions of supervision (except of Federal home loan banks) vested in or exercisable by the Board shall be considered as nonadministrative expenses: Provided further, That not to exceed $500 shall be available for official reception and representation expenses: Provided further, That, notwithstanding any other provisions of this Act, except for the limitation in amount hereinbefore specified, the administrative expenses and other obligations of the B o a r d shall be incurred, allowed, and paid in accordance with the provisions of the Federal Home L o a n B a n k Act of July 22, 1932, as amended (12 U.S.C. 1421-1449): Provided further. That the nonadministrative expenses (except such part as the B o a r d determines not to be field expense, which part shall be treated as if expenses of supervision and examination were not as such excluded from administrative expense, and except those included in the first proviso hereof) for the supervision and examination of Federal and State chartered institutions (other than special examinations determined by the B o a r d to be necessary) shall not exceed $29,895,000.

92 STAT. 805

12 USC 1425a, 1426. 12 USC 1464. 15 USC 78Z.

12 USC

1729-1730a.

12 USC 1421. Travel expenses 12 USC 1428a note.

LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL SAVINGS AND LOAN INSURANCE CORPORATION

Not to exceed $940,000 shall be available for administrative expenses, which shall be on an accrual basis and shall be exclusive of interest paid, depreciation, properly capitalized expenditures, expenses in connection with liquidation of insured institutions or activities relating to section 406(c), 407, or 408 of the National Housing Act, liquidation or handling of assets of or derived from insured 42 USC institutions, payment of insurance, and action for or toward the avoid- 1729-1730a. ance, termination, or minimizing of losses in the case of insured institutions, legal fees and expenses and payments for expenses of the Federal Home Loan B a n k Board determined by said Board to be properly allocable to said Corporation, and said Corporation may utilize and may make payments for services and facilities of the Federal home loan banks, the Federal Keserve Banks, the Federal H o m e Loan B a n k Board, the Federal H o m e Loan Mortgage Corporation, and other agencies of the Government: Provided, That, notwithstanding any other provisions of this Act, except for the limitation in

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Page:United States Statutes at Large Volume 92 Part 1.djvu/860

 92 STAT. 806

PUBLIC LAW 95-392—SEPT. 30, 1978 amount hereinbefore specified, the administrative expenses and other obligations of said Corporation shall be incurred, allowed, and paid in accordance with title IV of the Act of June 27, 1934, as amended (12 U.S.C.1724-l730f). TITLE IV GENERAL PROVISIONS

Travel expenses.

Uniforms.

Legal and banking services. 31 USC 841 note. 12 USC 1749a.

Audit

SEC. 401. Where appropriations in titles I and II of this Act are expendable for travel expenses of employees and no specific limitation has been placed thereon, the expenditures for such travel expenses may not exceed the amounts set forth therefor in the budget estimates submitted for the appropriations: Provided, That this section shall not apply to travel performed by uncompensated officials of local boards and appeal boards of the Selective Service System; to travel performed directly in connection with care and treatment of medical beneficiaries of the Veterans Administration; or to payments to interagency motor pools where separately set forth in the budget schedules: Provided further, That the limitations may be increased by the Secretary when necessary to allow for travel performed by employees of the Department of Housing and Urban Development as a result of increased Federal Housing Administration inspection and appraisal workload. SEC. 402. Appropriations and funds available for the administrative expenses of the Department of Housing and Urban Development and the Selective Service System shall be available in the current fiscal year for purchase of uniforms, or allowances therefor, as authorized by law (5 U.S.C. 5901-5902); hire of passenger motor vehicles; and services as authorized by 5 U.S.C. 3109. SEC. 403. Funds of the Department of Housing and Urban Development subject to the Government Corporation Control Act or section 402 of the Housing Act of 1950 shall be available, without regard to the limitations on administrative expenses, for legal services on a contract or fee basis, and for utilizing and making payment for services and facilities of P^ederal National Mortgage Association, Government National Mortgage Association, Federal Home Loan Mortgage Corporation, Federal Financing Bank, Federal Reserve banks or any member thereof. Federal home loan banks, and any insured bank within the meaning of the Federal Deposit Insurance Corporation Act, as amended (12 U.S.C. 1811-1831). SEC. 404. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. SEC. 405. No funds appropriated by this Act may be expended— (1) pursuant to a certification of an officer or employee of the United States unless— (A) such certification is accompanied by, or is part of, a voucher or abstract which describes the payee or payees and the items or services for which such expenditure is being made, or (B) the expenditure of funds pursuant to such certification, and without such a voucher or abstract, is specifically authorized by law; and (2) unless such expenditure is subject to audit by the General Accounting Office or is specifically exempt by law from such an audit.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/861

 PUBLIC LAW 95-392—SEPT. 30, 1978 SEC. 406. None of the funds provided in this Act to any department or agency may be expended for the transportation of any officer or employee of such department or agency between his domicile and his place of employment, with the exception of the Secretary of the Department of Housing and Urban Development, who, under title 5, United States Code, section 101, is exempted from such limitations. SEC. 407. None of the funds provided m this Act may be used for payment, through grants or contracts, to recipients that do not share m the cost of conducting research resulting from proposals for projects not specifically solicited by the Government: Provided, That the extent of cost sharing by the recipient shall reflect the mutuality of interest of the grantee or contractor and the Government in the research. SEC. 408. None of the funds provided in this Act may be used, directly or through grants, to pay or to provide reimbursement for payment of the salary of a consultant (whether retained by the Federal Government or a grantee) at more than the daily equivalent of the maximum rate paid for GS-18, unless specifically authorized by law. This Act may be cited as the "Department of Housing and Urban Development—Independent Agencies Appropriation Act, 1979". Approved September 30, 1978.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 95-1265 (Comm. on Appropriations) and No. 95-1569 (Coram. of Conference). SENATE REPORT No. 95-1060 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 124 (1978): June 19, considered and passed House. Aug. 4, 7, considered and passed Senate, amended. Sept. 19, House agreed to conference report; concurred in certain Senate amendments and in others with amendments. Sept. 20, Senate agreed to conference report; concurred in House amendments.

92 STAT. 807 Certain government transportation, prohibition.

Research projects.

3 CFR, 1977 Comp., p. 142. 5 USC 5332 note. Short title.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/862

 92 STAT. 808

PUBLIC LAW 95-393—SEPT. 30, 1978

Public Law 95-393 95th Congress An Act Sept. 30, 1978 [H.R. 7819] Diplomatic Relations Act.

TO complement the Vienna Convention on Diplomatic Relations. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SHORT TITIiE

22 USC 254a note.

SECTION

1. This Act may be cited as the "Diplomatic Relations Act", DEFINITIONS

22 USC 254a.

SEC. 2. As used in this Act— (1) the tenn "members of a mission" means— (A) the head of a mission and members of the diplomatic staff of a mission, (B) members of the administrative and technical staff of a mission, and (C) members of the service staff of a mission, as such terms are defined in Article 1 of the Vienna Convention; (2) the term "family" means— (A) the members of the family of a member of a mission described in paragraph (1)(A) who form part of his or her household if they are not nationals of the United States, and (B) the members of the family of a member of a mission described in paragraph (1)(B) who form part of his or her household if they are not nationals or permanent residents of the United States, within the meaning of Article 37 of the Vienna Convention; (3) the t>erm "mission" includes missions within the meaning of the Vienna Convention and any missions representing foreign governments, individually or collectively, which are extended the same privileges and immunities, pursuant to law, as are enjoyed by missions under the Vienna Convention; and (4) the term "Vienna Convention" means the Vienna Convention on Diplomatic Relations of April 18, 1961 (T.I.A.S. numbered 7502; 23 U.S.T. 3227), entered into force with respect to the United States on December 13, 1972. ESTABLISHMENT OF THE VIENNA CONVENTION AS THE UNITED STATES l A W ON DIPLOMATIC PRIVILEGES AND IMMUNITIES

Repeal.

22 USC 254b.

S E C 3. (a)(1) Sections 4063 through 4066 of the Revised Statutes of the United States (22 U.S.C. 252-254) are repealed. (2) The section analysis of title XLVTI of the Revised Statutes of the United States is amended by striking out the items relating to sections 4063 through 4066. (b) Members of the mission of a sending state which has not ratified the Vienna Convention, their families, and the diplomatic couriers of such state, shall enjoy the privileges and immunities specified in the Vienna Convention.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/863

 PUBLIC LAW 95-393—SEPT. 30, 1978

92 STAT. 89

AUTHORITY TO EXTEND MORE FAVORABLE OR LESS FAVORABLE TREATMENT

SEC. 4. The President may, on the basis of reciprocity and under 22 USC 254c. such terms and conditions as he may determine, specify privileges and immunities for members of the mission, their families, and the diplomatic couriers of any sending state which result in more favorable treatment or less favorable treatment than is provided under the Vienna Convention. DISMISSAL OF ACTIONS AGAINST INDIVIDUALS ENTITLED TO I M M U N I l T f

SEC. 5. Any action or proceeding brought against an individual who 22 USC 254d. is entitled to immunity with respect to such action or proceeding under the Vienna Convention on Diplomatic Relations, under section 3(b) or 4 of this Act, or under any other laws extending diplomatic privileges and immunities, shall be dismissed. Such immunity may be established upon motion or suggestion by or on behalf of the individual, or as otherwise permitted by law or applicable rules of procedure. REQUIREMENT

FOR LIABILITY INSURANCE

SEC. 6. (a) E a c h mission, members of the mission and their families, 22 USC 254e. and individuals described in section 19 of the Convention on Privileges and Immunities of the United Nations of February 13, 1946, shall comply with any requirement imposed by the regulations promulgated by the President pursuant to subsection (b). (b) The President shall, by regulation, establish liability insurance Regulations, requirements to be met by each mission, members of the mission and their families, and individuals described in section 19 of the Convention on Privileges and Immunities of the United Nations of February 13, 1946, relating to risks arising from the operation in the United States of any motor vehicle, vessel, or aircraft. (c) The President shall take such steps as he may deem necessary to insure that each mission, members of the mission and their families, and individuals described in section 19 of the Convention on Privileges t^.-j: and Immunities of the United Nations of February 13, 1946, who operate motor vehicles, vessels, or aircraft in the United States comply with the requirements established pursuant to subsection (b). SEC. 7. (a) That chapter 85 of title 28, United States Code, is amended by the addition of the following new section: "§ 1364. Direct actions against insurers of members of diplomatic 28 USC 1364. missions and their families " (a) The district courts shall have original and exclusive jurisdiction, without regard to the amount in controversy, of any civil action commenced by any person against an insurer who by contract has insured an individual, who is a member of a mission (as defined in the Vienna Convention on Diplomatic Relations) or a member of the family of such a member of a mission, or an individual described in section 19 of the Convention on Privileges and Immunities of the United Nations of February 13, 1946, against liability for personal injury, death, or damage to property. " (b) Any direct action brought against an insurer under subsection (a) shall be tried without a jury, but shall not be subject to the defense that the insured is immune from suit, that the insured is an indispensabllB party, or in the absence of fraud or collusion, that the insured has violated a term of the contract, unless the contract was cancelled before the claim arose.".

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Page:United States Statutes at Large Volume 92 Part 1.djvu/864

 92 STAT. 810

PUBLIC LAW 95-393—SEPT. 30, 1978 (b) The chapter analysis of chapter 85 of title 28, United States Code, is amended by adding after the item relating to section 1363 the following new item: "1364. Direct actions against insurers of members of diplomatic missions and their families.". CONFORMING AMENDMENTS TO TITLE 2 8

SEC. 8. (a)(1) Section 1351 of title 28, United States Code, is amended to read as follows: "§1351. Consuls, vice consuls, and members of a diplomatic mission as defendant

Jurisdiction.

"The district courts shall have original jurisdiction, exclusive of the courts of the States, of all civil actions and proceedings against— " Q^ consuls or vice consuls of foreign states; or "(2) members of a mission or members of their families (as such terms are defined in section 2 of the Diplomatic Relations Act).". (2) The chapter analysis of chapter 85 of such title 28 is amended by amending the item relating to section 1351 to read as follows: "1351. Consuls, vice consuls, and members of a diplomatic mission as defendant.". (b)(1) Section 1251(a) of such title 28 is amended to read as follows: " (a) The Supreme Court shall have original and exclusive jurisdiction of all controversies between two or more States.". (2) Section 1251(b)(1) of such title 28 is amended by striking out "brought by" and all that follows through "consuls or" and inserting in lieu thereof "to which ambassadors, other public ministers, consuls, or". EFFECTIVE DATE

22 USC 254a note.

SEC. 9. This Act shall take effect at the end of the ninety-day period beginning on the date of its enactment. Approved September 30, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-526 (Comm. on International Relations). SENATE REPORTS: No. 95-958 (Comm. on Foreign Relations) and No. 95-1108 (Comm. on the Judiciary). CONGRESSIONAL RECORD: Vol. 123 (1977): July 27, considered and passed House. Vol. 124 (1978): Aug. 17, considered and passed Senate, amended. Sept. 18, House concurred in Senate amendments. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS: Vol. 14, No. 40 (1978): Oct. 2, Presidential statement.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/865

 PUBLIC LAW 95-394—SEPT. 30, 1978

92 STAT. 811

Public Law 95-394 95th Congress An Act To facilitate the exchange of certain lands in the State of Oregon, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) in order to facilitate the exchange of certain lands in the State of Oregon for purposes of enlarging the Ecola State Park, the Secretary of the Interior (hereinafter referred to as "the Secretary") is authorized and directed to convey to the State of Oregon the reversionary interest retained by the United States pursuant to the first proviso of the first section of the Act of August 11, 1916 (39 Stat. 505) in a tract comprising about one hundred and sixty acres and described as the northwest quarter, section 8, township 5 north, range 8 west, Willamette meridian. Such conveyance shall be made, upon relinquishment to the Secretary of patent numbered 602062 by the State, by issuance of a new patent describing all lands which were described by patent numbered 602062. The conveyance directed by this section shall be made only if, in the judgment of the Secretary, the requirements of sections 2 and 3 of this Act have been met by the State. (b) The new patent issued under subsection (a) hereof shall contain all reservations and exceptions required by the Act of August 11, 1916, and contained in patent numbered 602062 except that the reverter provision contained in the proviso referred to in subsection (a) shall not apply to the one-hundred-and-sixty-acre tract described in subsection (a) of this section. SEC. 2. No conveyance shall be made and no new patent issued pursuant to this Act unless the State of Oregon has shown to the satisfaction of the Secretary that— (a) the lands described in the first section of this Act will be exchanged for lands of at least equal value, or if not of at least equal value that the values will be equalized by payment of money or other consideration to the State; (b) the lands received by the State in exchange are at least as suitable for park purposes as the lands conveyed; (c) the lands obtained by exchange by the State will be used for public park purposes in perpetuity; and (d) any amount of money or other consideration paid to the State to equalize values on a land exchange under this Act will be used for park purposes.

39-194 O—80—pt. 1

55: QL3

Sept. 30. 1978 [H.R. 12772]

Ecola State Park, Oreg. Land conveyance.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/866

 92 STAT. 812

PUBLIC LAW 95-394—SEPT. 30, 1978 SEC. 3. The Secretary, upon his determination that the requirements of section 2 of this Act are satisfied, is authorized and directed to enter into an agreement or agreements with the State of Oregon whereby, in consideration of a conveyance of the reversionary interest of the United States in the lands described in the first section of this Act, and issuance of a new patent, the State of Oregon agrees that— (a) title to the lands acquired and dedicated for public park purposes pursuant to section 2 of this Act will vest in the United States if such lands ever cease to be used for public park purposes; and (b) the State of Oregon will include provisions to this eflfect in any document of transfer of such property; and (c) the State will execute a document to this effect and deliver such document to the Secretary. Approved September 30, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1455 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD, Vol. 124 (1978): Aug. 15, considered and passed House. Sept. 15, considered and passed Senate.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/867

 PUBLIC LAW 95-395—SEPT. 30, 1978

92 STAT. 813

Public Law 95-395 95th Congress An Act To settle Indian land claims within the State of Rhode Island and Providence Plantations, and for other purposes.

Sept. 30, 1978 [H.R. 12860] "

Be it enacted by the Senate and House of Representatives of the United States of America in Congress asembled, That this Act may Rhode Island Indian Claims be cited as the "Ehode Island Indian Claims Settlement Act". CONGRESSIONAL FINDINGS AND DECLARATION OF POLICY

SEC. 2. Congress finds and declares that— (a) there are pending before the United States District Court for the District of Rhode Island two consolidated actions that involve Indian claims to certain public and private lands within the town of Charlestown, Rhode Island; (b) the pendency of these lawsuits has resulted in severe economic hardships for the residents of the town of Charlestown by clouding the titles to much of the land in the town, including lands not involved in the lawsuits; (c) the Congress shares with the State of Rhode Island and the parties to the lawsuits a desire to remove all clouds on titles resulting from such Indian land claims within the State of Rhode Island; and (d) the parties to the lawsuits and others interested in the settlement of Indian land claims within the State of Rhode Island have executed a Settlement Agreement which requires implementing legislation by the Congress of the United States and the legislature of the State of Rhode Island.

Settlement Act. 25 USC 1701 note. 25 USC 1701.

DEFINITIONS

25 USC 1702. SEC. 3. For the purposes of this Act, the term— (a) "Indian Corporation" means the Rhode Island nonbusiness corporation known as the "Narragansett Tribe of Indians"; (b) "land or natural resources" means any real property or natural resources, or any interest in or right involving any real property or natural resource, including but not limited to, minerals and mineral rights, timber and timber rights, water and water rights, and rights to hunt and fish; (c) "lawsuits" means the actions entitled "Narragansett Tribe of Indians v. Southern Rhode Island Land Development Co., et al., C.A. No. 75-0006 (D.R.I.)" and "Narragansett Tribe of Indians v. Rhode Island Director of Environmental Management, C.A. No. 75-0005 (D.R.L)"; (d) "private settlement lands" means approximately nine hundred acres of privately held land outlined in red in the map marked "Exhibit A" attached to the Settlement Agreement that are to be acquired by the Secretary from certain private landowners pursuant to sections 5 and 8 of this Act;

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Page:United States Statutes at Large Volume 92 Part 1.djvu/868

 92 STAT. 814

'

PUBLIC LAW 95-395—SEPT. 30, 1978 (e) "public settlement lands" means the lands described in paragraph 2 of the Settlement Agreement that are to be conveyed by the State of Rhode Island to the State Corporation pursuant to legislation as described in section 7 of this Act; (f) "settlement lands''means those lands defined in subsections (d) and (e) of this section; (g) "Secretary" means the Secretary of the Interior; (h) "settlement agreement" means the document entitled "Joint Memorandum of Understanding Concerning Settlement of the Rhode Island Indian Land Claims", executed as of February 28, 1978, by representatives of the State of Rhode Island, of the town of Charlestown, and of the parties to the lawsuits, as filed with the Secretary of the State of Rhode Island; (i) "State Corporation" means the corporation created or to be created by legislation enacted by the State of Rhode Island as described in section 7 of this Act; and (j) "transfer" includes but is not limited to any sale, grant, lease, allotment, partition, or conveyance, any transaction the purpose of which was to effect a sale, grant, lease, allotment, partition, or conveyance, or any event or events that resulted in a change of possession or control of land or natural resources. RHODE ISLAND INDIAN CLAIMS SETTLEMENT TUND

25 USC 1703.

SEC. 4. There is hereby established in the United States Treasury a fund to be known as the Rhode Island Indian Claims Settlement Fund into which $3,500,000 shall be deposited following the appropriation authorized by section 11 of this Act. OPTION AGREEMENTS TO PURCHASE PRIVATE SETTLEMENT LANDS

25 USC 1704. .

S E C 5, (a) The Secretary shall accept assignment of reasonable twoyear option agreements negotiated by the Governor of the State of Rhode Island or his designee for the purchase of the private settlement hinds: Provided, That the terms and conditions specified in such options are reasonable and that the total price for the acquisition of such lands, including reasonable costs of acquisition, will not exceed the amount specified in section 4. If the Secretary does not determine that any such option agreement is unreasonable within sixty days of its submission, the Secretary will be deemed to have accepted the assignment of the option. (b) Payment for any option entered into pursuant to subsection (a) shall be in the amount of 5 per centum of the fair market value of the land or natural resources as of the date of the agreement and shall be paid from the fund established by section 4 of this Act. (c) The total amount of the option fees paid pursuant to subsection (b) shall not exceed $175,000. (d) The option fee for each option agreement shall be applied to the agreed purchase price in the agreement if the purchase of the defendant's land or natural resources is completed in accordance with the terms of the option agreement. (e) The payment for each option may be retained by the party granting the option if the property transfer contemplated by the option agreement is not completed in accordance with the terms of the option agreement.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/869

 PUBLIC LAW 95-395—SEPT. 30, 1978

92 STAT. 815

APPROVAL OP PRIOR TRANSFERS AND E X T I N G U I S H M E N T OF CLAIMS AND ABORIGINAL TITLE INVOLVING THE NARRAGANSETT TRIBE AND THE TOWN OF CHARLESTOWN, RHODE ISLAND

SEC. 6. (a) If the Secretary finds that the State of Rhode Island has Publication in satisfied the conditions set forth in section 7 of this Act, he shall pub- Federal Register. lish such findings in the Federal Register and upon such publication— 25 USC 1705. (1) any transfer of land or natural resources located anywhere within the United States from, by, or on behalf of the Indian Corporation or any other entity presently or at any time in the past known as the Narragansett Tribe of Indians, or any predecessor or successor in interest, member or stockholder thereof, and any transfer of land or natural resources located anywhere within the town of Charlestown, Rhode Island, by, from, or on behalf of any Indian, Indian nation, or tribe of Indians, including but not limited to a transfer pursuant to any statute of any State, shall be deemed to have been made in accordance with the Constitution and all laws of the United States that are specifically applicable to transfers of land or natural resources from, by, or on behalf of any Indian, Indian nation or tribe of Indians (including but not limited to the Trade and Intercourse Act of 1790, Act of July 22, 1790, ch. 33, sec. 4, 1 Stat. 137, and all amendments thereto and all subsequent versions thereof), and Congress does hereby approve any such transfer effective as of the date of said transfer; (2) to the extent that any transfer of land or natural resources described in subsection (a) may involve land or natural resources to which the Indian Corporation or any other entity presently or at any time in the past known as the Narragansett Tribe of Indians, or any predecessor or successor in interest, member or stockholder thereof, or any other Indian, Indian nation, or tribe of Indians, had aboriginal title, subsection (a) shall be regarded as an extinguishment of such aboriginal title as of the date of said transfer; and (3) by virtue of the approval of a transfer of land or natural resources effected by this section, or an extinguishment of aboriginal title effected thereby, all claims against the United States, any State or subdivision thereof, or any other person or entity, by the Indian Corporation or any other entity presently or at any time in the past known as the Narragansett Tribe of Indians, or any predecessor or successor in interest, member or stockholder thereof, or any other Indian, Indian nation, or tribe of Indians, arising subsequent to the transfer and based upon any interest in or right involving such land or natural resources (including but not limited to claims for trespass damages or claims for use and occupancy) shall be regarded as extinguished as of the date of the transfer. (b) Any Indian, Indian nation, or tribe of Indians (other than the Indian Corporation or any other entity presently or at any time in the past known as the Narragansett Tribe of Indians, or any predecessor or successor in interest, member or stockholder thereof) whose transfer of land or natural resources was approved or whose aboriginal title or claims were extinguished by subsection (a) of this section may, within a period of one hundred and eighty days after publication of the Secretary's findings pursuant to section 6, bring an action against the State Corporation in lieu of an action against any other person against whom a cause may have existed in the absence of this section. In any such

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Page:United States Statutes at Large Volume 92 Part 1.djvu/870

 92 STAT. 816

PUBLIC LAW 95-395—SEPT. 30, 1978 action, the remedy shall be limited to a right of possession of the settlement lands. FINDINGS BY THE SECRETARY

25 USC 1706.

Regulations.

SEC. 7. Section 6 of this Act shall not take effect until the Secretary finds— (a) that the State of Rhode Island has enacted legislation creating or authorizing the creation of a State chartered corporation satisfying the following criteria: (1) the corporation shall be authorized to acquire, perpetually manage, and hold the settlement lands; (2) the corporation shall be controlled by a board of directors, the majority of the members of which shall be selected by the Indian Corporation or its successor, and the remaining members of which shall be selected by the State of Rhode Island; and (3) the corporation shall be authorized, after consultation with appropriate State officials, to establish its own regulations concerning hunting and fishing on the settlement lands, which need not comply with regulations of the State of Rhode Island but which shall establish minimum standards for the safety of persons and protection of wildlife and fish stock; and (b) that State of Rhode Island has enacted legislation authorizing the conveyance to the State Corporation of land and natural resources that substantially conform to the public settlement lands as described in paragraph 2 of the Settlement Agreement. , . PURCHASE AND TRANSFER OF PRIVATE SETTLEMENT LANDS

25 USC 1707.

SEC. 8. (a) When the Secretary determines that the State Corporation described in section 7(a) has been created and will accept the settlement lands, the Secretary shall exercise within sixty days the options entered into pursuant to section 5 of this Act and assign the private settlement lands thereby purchased to the State Corporation. (b) Any moneys remaining in the fund established by section 4 of this Act after the purchase described in subsection (a) shall be returned to the general Treasury of the United States. (c) Upon the discharge of the Secretary's duties under sections 5, 6, 7, and 8 of this Act, the United States shall have no further duties or liabilities under the Act with respect to the Indian Corporation or its successor, the State Corporation, or the settlement lands: Pr(yvided^ however, That if the Secretary subsequently acknowledges the existence of the Narragansett Tribe of Indians, then the settlement lands may not be sold, granted, or otherwise conveyed or leased to anyone other than the Indian Corporation, and no such disposition of the settlement lands shall be of any validity in law or equity, unless the same is approved by the Secretary pursuant to regulations adopted by him for that purpose: Provided, however, That nothing in this Act shall affect or otherwise impair the ability of the State Corporation to grant or otherwise convey (including any involuntary conveyance by means of eminent domain or condemnation proceedings) any easement for public or private purposes pursuant to the laws of the State of Rhode Island.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/871

 PUBLIC LAW 95-395—SEPT. 30, 1978

92 STAT. 817

APPLICABILITY OF STATE LAW

SEC. 9. Except as otherwise provided in this Act, the settlement lands 25 USC 1708. shall be subject to the civil and criminal laws and jurisdiction of the State of Rhode Island. FEDERAL BENEFITS PRESERVED

SEC. 10. Nothing contained in this Act or in any legislation enacted 25 USC 1709. by the State of Rhode Island as described in section 7 of this Act shall affect or otherwise impair in any adverse manner any benefits received by the State of Rhode Island under the Federal Aid in Wild' life Restoration Act of September 2, 1937 (16 U.S.C. 669-669 (i)), or the Federal Aid in Fish Restoration Act of August 9, 1950 (16 U.S.C. 777-777(k)). AUTHORIZATION OF FUNDS

SEC. 11. There is hereby authorized to be appropriated $3,500,000 to 25 USC 1710. carry out the purposes of this Act. LIMITATION OF ACTIONS

SEC. 12. Notwithstanding any other provision of law, any action to 25 USC 1711. contest the constitutionality of this Act shall be barred unless the complaint is filed within one hundred and eighty days of the date of enactment of this Act. Exclusive jurisdiction over any such action is hereby vested in the United States District Court for the District of Rhode Island. APPROVAL OF PRIOR TRANSFERS AND E X T I N G U I S H M E N T OF CLAIMS AND ABORIGINAL TITLE OUTSIDE THE TOWN OF CHARLESTOWN, RHODE ISLAND AND INVOLVING OTHER INDIANS I N RHODE ISLAND

SEC. 13. (a) Except as provided in subsection (b)— 25 USC 1712. (1) any transfer of land or natural resources located anywhere within the State of Rhode Island outside the town of Charlestown from, by, or on behalf of any Indian, Indian nation, or tribe of Indians (other than transfers included in and approved by section 6 of this Act), including but not limited to a transfer pursuant to any statute of any State, shall be deemed to have been made in accordance with the Constitution and all laws of the United States that are specifically applicable to transfers of land or natural resources from, by, or on behalf of any Indian, Indian nation, or tribe of Indians (including but not limited to the Trade and Intercourse Act of 1790, Act of July 22, 1790 (ch. 33, 1 Stat. 137), and all amendments thereto and all subsequent versions thereof), and Congress does hereby approve any such transfer effective as of the date of said transfer; (2) to the extent that any transfer of land or natural resources described in paragraph (1) may involve land or natural resources to which such Indian, Indian nation, or tribe of Indians had aboriginal title, paragraph (1) shall be regarded as an extinguishment of such aboriginal title as of the date of said transfer; and (3) by virtue of the approval of such transfers of land or natural resources effected by this subsection or an extinguishment of aboriginal title effected thereby, all claims against the United

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Page:United States Statutes at Large Volume 92 Part 1.djvu/872

 92 STAT. 818

Notice.

PUBLIC LAW 95-395—SEPT. 30, 1978 States, any State or subdivision thereof, or any other person or entity, by any such Indian, Indian nation, or tribe of Indians, arising subsequent to the transfer and based upon any interest in or rights involving such land or natural resources (including but not limited to claims for trespass damages or claims for use and occupancy), shall be regarded as extinguished as of the date of the transfer. (b) This section shall not apply to any claim, right, or title of any Indian, Indian nation, or tribe of Indians that is asserted in an action commenced in a court of competent jurisdiction within one hundred and eighty days of the date of enactment of this Act: Provided, That the plaintiff in any such action shall cause notice of the action to be served upon the Secretary and the Governor of the State of Rhode Island. Approved September 30, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1453 (Coram, on Interior and Insular Affairs). SENATE REPORT No. 95-972 accompanying S. 3153 (Coram, on Indian Affairs). CONGRESSIONAL RECORD, Vol. 124 (1978): July 21, S. 3153 considered and passed Senate. Sept. 12, considered and passed House. Sept. 15, considered and passed Senate. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 14, No. 40: Oct. 2, Presidential statement.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/873

 PUBLIC LAW 95-396—SEPT. 30, 1978

92 STAT. 819

Public Law 95-396 95th Congress An Act To amend the Federal Insecticide, Fungicide, and Rodenticide Act, as amended.

Sept. 30, 1978 [S. 1678]

Be it enacted by the Senate and House of Representatives of the Federal Pesticide United States of America in Congress assembled, Act of 1978. DEFINITIONS

1. Section 2 of the Federal Insecticide, Fungicide, and Eodenticide Act is amended by— 7 USC 136. (1) adding at the end of subsection (e)(1) the following: "Any applicator who holds or applies registered pesticides, or use dilutions of registered pesticides consistent with section 2(ee) of this Act, only to provide a service of controlling pests without delivering any unapplied pesticide to any person so served is not deemed to be a seller or distributor of pesticides under this Act."; (2) in subsection (e)(3), striking out "a certified" and inserting in lieu thereof "an"; (3) in subsection (q)(1), striking out the period at the end of clause (G), inserting "; or" in lieu thereof, and adding a new clause (H) as follows: " (H) in the case of a pesticide not registered in accordance with section 3 of this Act and intended for export, the label 7 USC 136a. does not contain, in words prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or graphic matter in the laibeling) as to render it likely to be noted by the ordinary individual under customary conditions of purchase and use, the following: 'Not Registered for Use in the United States of America'."; (4) in subsection (w), inserting "or active ingredient used in producing a pesticide" immediately after "or device" wherever that phrase appears therein; (5) adding at the end of subsection (w) the following: "The, dilution by individuals of formulated pesticides for their own use and according to the directions on registered labels shall not of itself result in such individuals being included in the definition of 'producer' for the purposes of this Act."; (6) in subsection (dd), inserting "or active ingredient used in producing a pesticide" immediately after "or device"; and (7) adding at the end thereof a new subsection (ee) as follows: SECTION

"(ee) To USE A N Y REGISTERED PESTICIDE IN A MANNER INCONSISTENT W I T H ITS LABELING.—The term 'to use any

registered pesticide in a manner inconsistent with its labeling' means to use any registered pesticide in a manner not permitted by the labeling: Provided, That the term shall not include (1) applying a pesticide at any dosage, concentration, or frequency less than that specified on the labeling, (2) applying a pesticide against any target pest not specified on the labeling if the application is to the crop, animal, or site specified on the labeling, unless the Administrator has required that the labeling specifically state that the pesticide may be used only for the pests specified on the labeling after

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Page:United States Statutes at Large Volume 92 Part 1.djvu/874

 92 STAT. 820

^ 7 USC 136c, 136p. Post, p. 835.

Post, p. 841.

.

PUBLIC LAW 95-396—SEPT. 30, 1978 the Administrator has determined that the use of the pesticide against other pests would cause an unreasonable adverse effect on the environment, (3) employing any method of application not prohibited by the labeling, or (4) mixing a pesticide or pesticides with a fertilizer when such mixture is not prohibited by the labeling: Provided further, That the term also shall not include any use of a pesticide in conformance with section 5,18, or 24 of this Act, or any use of a pesticide in a manner that the Administrator determines to be consistent with the purposes of this Act: And provided further, That after March 31, 1979, the term shall not include the use of a pesticide for agricultural or forestry purposes at a dilution less than label dosage unless before or after that date the Administrator issues a regulation or advisory opinion consistent with the study provided for in section 27(b) of the Federal Pesticide Act of 1978, which regulation or advisory opinion specifically requires the use of definite amounts of dilution.". USE OP DATA TO SUPPORT REGISTRATION; ADDITIONAL DATA TO SUPPORT EXISTING REGISTRATION

7 USC 136a.

Ante, p. 819.

SEC. 2. (a) Section 3 of the Federal Insecticide, Fungicide, and Rodenticide Act is amended by— (1) amending subsection (c)(1)(D) to read as follows: "(D) except as otherwise provided in subsection (c)(2) (D) of this section, if requested by the Administrator, a full description of the tests made and the results thereof upon which the claims are based, or alternatively a citation to data that appear in the public literature or that previously had been submitted to the Administrator and that the Administrator may consider in accordance with the following provisions: " (i) With respect to pesticides containing active ingredients that are initially registered under this Act after the date of enactment of the Federal Pesticide Act of 1978, data submitted to support the application for the original registration of the pesticide, or an application for an amendment adding any new use to the registration and that pertains solely to such new use, shall not, without the written permission of the original data submitter, be considered by the Administrator to support an application by another person during a period of ten years following the date the Administrator first registers the pesticide: Provided, That such permission shall not be required in the case of defensive data; "(11) except as otherwise provided In subparagraph (D) ( n of this paragraph, with respect to data submitted after December 31, 1969, by an applicant or registrant to support an application for registration, experimental use permit, or amendment adding a new use to an existing registration, to support or maintain in effect an existing registration, or for rereglstration, the Administrator may, without the permission of the original data submitter, consider any such item of data in support of an appll-

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Page:United States Statutes at Large Volume 92 Part 1.djvu/875

 PUBLIC LAW 95-396—SEPT. 30, 1978

92 STAT. 821

cation by any other person (hereinafter in this subparagraph referred to as the 'applicant') within the fifteen-year period following the date the data were originally submitted only if the applicant has made an offer to compensate the original data submitter and submitted such offer to the Administrator accompanied by evidence of delivery to the original data submitter of the offer. The terms and amount of compensation, may be fixed by agreement between the original data submitter and the applicant, or, failing such agreement, binding arbitration under this subparagraph. If, at the end of ninety days after the date of delivery to the original data submitter of the offer to compensate, the original data submitter and the applicant have neither agreed on the amount and terms of compensation nor on a procedure for reaching an agreement on the amount and terms of compensation, either person may initiate binding arbitration proceedings by requesting the Federal Mediation and Conciliation Service to appoint an arbitrator from the roster of arbitrators maintained by such Service. The procedure and rules of the Service shall be applicable to the selection of such arbitrator and to such arbitration proceedings, and the findings and determination of the arbitrator shall be final and conclusive, and no official or court of the United States shall have power or jurisdiction to review any such findings and determination, except for fraud, misrepresentation, or other misconduct by one of the parties to the arbitration or the arbitrator where there is a verified complaint with supporting affidavits attesting to specific instances of such fraud, misrepresentation, or other misconduct. The parties to the arbitration shall share equally in the payment of the fee and expenses of the arbitrator. If the Administrator determines that an original data submitter has failed to participate in a procedure for reaching an agreement or in an arbitration proceeding as required by this subparagraph, or failed to comply with the terms of an agreement or arbitration decision concerning compensation under this subparagraph, the original data submitter shall forfeit the right to compensation for the use of the data in support of the application. Notwithstanding any other provision of this Act, if the Administrator determines that an applicant has failed to participate in a procedure for reaching an agreement or in an arbitration proceeding as required by this subparagraph, or failed to comply with the terms of an agreement or arbitration decision concerning compensation under this subparagraph, the Administrator shall deny the application or cancel the registration of the pesticide in support of which the data were used without further hearing. Before the Administrator takes action under either of the preceding two sentences, the Administrator shall furnish to the affected person, by certified mail, notice of intent to take action and allow fifteen days from the date of delivery of the notice for the

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Page:United States Statutes at Large Volume 92 Part 1.djvu/876

 92 STAT. 822

PUBLIC LAW 95-396—SEPT. 30, 1978 affected person to respond. If a registration is denied or canceled under this subparagraph, the Administrator may make such order as the Administrator deems appropriate concerning the continued sale and use of existing stocks of such pesticide. Kegistration action by the Administrator shall not be delayed pending the fixing ol compensation; "(iii) after expiration of any period of exclusive use and any period for which compensation is required for the use of an item of data under subparagraphs (D)(i) and (D) (ii) of this paragraph, the Administrator may consider such item of data in support of an application by any other applicant without the permission of the original data submitter and without an offer haying been received to compensate the original data submitter for the use of such item of data;"; and (2) amending subsection (c)(2) by— (A) inserting " (A) " immediately after " (2) "; (B) inserting immediately after "kind of information" in the second sentence the following: "under subparagraph (B) of this paragraph,"; (C) striking out "subsection (c)(1)(D) of this section and" from the third sentence; and (D) adding at the end thereof a new subparagraph (B) as follows: " (B) ADDITTONAL DATA TO SUPPORT EXISTING REGISTRATION.—

Notification.

Joint data development.

Arbitration.

"(i) If the Administrator determines that additional data are required to maintain in effect an existing registration of a pesticide, the Administrator shall notify all existing registrants of the pesticide to which the determination relates and provide a list of such registrants to any interested person. "(ii) Each re^strant of such pesticide shall provide evidence within ninety days after receipt of notification that it is taking appropriate steps to secure the additional data that are required. Two or more registrants may agree to develop jointly, or to share in the cost of developing, such data if they agree and advise the Administrator of their intent within ninety days after notification. Any registrant who agrees to share in the cost of producing the data shall be entitled to examine and rely upon such data in support of maintenance of such registration. "(lii) If, at the end of sixty days after advising the Administrator of their agreement to develop jointly, or share in the cost of developing, data, the registrants have not further agreed on the terms of the data development arrangement or on a procedure for reaching such agreement, any of such registrants may initiate binding arbitration proceedings by requesting the Federal Mediation and Conciliation Service to appoint an arbitrator from the roster of arbitrators maintained by such Service. The procedure and rules of the Service shall be applicsSble to

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Page:United States Statutes at Large Volume 92 Part 1.djvu/877

 PUBLIC LAW 95-396—SEPT. 30, 1978

92 STAT. 823

the selection of such arbitrator and to such arbitration proceedings, and the findings and determination of the arbitrator shall be final and conclusive, and no official or court of the United States shall have power or jurisdiction to review any such findings and determination, except for fraud, misrepresentation, or other misconduct by one of the parties to the arbitration or the arbitrator where there is a verified complaint with supporting affidavits attesting to specific instances of such fraud, misrepresentation, or other misconduct. All parties to the arbitration shall share Payment of equally in the payment of the fee and expenses of arbitrator. the arbitrator. "(iv) Notwithstanding any other provision of this Act, if the Administrator determines that a registrant, within the time required by the Administrator, has failed to take appropriate steps to secure the data required under this subparagraph, to participate in a procedure for reaching agreement concerning a joint data development arrangement under this subparagraph or in an arbitration proceeding as required by this subparagraph, or to comply with the terms of an agreement or arbitration decision concerning a joint data development arrangement under this subparagraph, the Administrator may issue a notice of intent to suspend such registrant's registration of the pesticide for which additional data is required. The Administrator may include in the notice of intent to suspend such provisions as the Administrator deems appropriate concerning the continued sale and use of existing stocks of such pesticide. Any suspension proposed under this subparagraph shall become final and effective at the end of thirty days from receipt by the registrant of the notice of intent to suspend, unless during that time a request for hearing is made by a person adversely affected by the notice or the registrant has satisfied the Administrator that the registrant has complied fully with the requirements that served as a basis for the notice of intent to suspend. If a hear- Hearing, ing is requested, a hearing shall be conducted under section 6(d) of this Act: Provided, That the only 7 USC 136d. matters for resolution at that hearing shall be whether the registrant has failed to take the action that served as the basis for the notice of intent to suspend the registration of the pesticide for which additional data is required, and whether the Administrator's determination with respect to the disposition of existing stocks is consistent with this Act. If a hearing is held, a decision after completion of such hearing shall be final. Notwithstanding any other provision of this Act, a hearing shall be held and a determination made within seventy-five days after receipt of a request for such hearing. Any registra-

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Page:United States Statutes at Large Volume 92 Part 1.djvu/878

 92 STAT. 824

PUBLIC LAW 95-396—SEPT. 30, 1978

tion suspended under this subparagraph shall be reinstated by the Administrator if the Administrator determines that the registrant has complied fully with the requirements that served as a basis for the suspension of the registration. " (v) Any data submitted under this subparagraph shall be subject to the provisions of subsection (c)(1) (D) of this section. Whenever such data are submitted jointly by two or more registrants, an agent shall be agreed on at the time of the joint submission to handle any subsequent data compensation matters for the joint submitters of such data,", (b) The amendment to section 3(c)(1)(D) of the Federal Insecti7 USC 136a note, cide, Fungicide, and Rodenticide Act made by this section shall apply with respect to all applications for registration approved after the date of enactment of this Act. MINOR USE REGISTRATIONS

Ante, p. 820.

SEC. 3. Section 3(c)(2)(A) of the Federal Insecticide, Fungicide, and Eodenticide Act, as redesignated by section 2 of this Act, is further amended by inserting immediately after the second sentence the following: "The Administrator, in establishing standards for data requirements for the registration of pesticides with respect to minor uses, shall make such standards commensurate with the anticipated extent of use, pattern of use, and the level and degree of potential exposure of man and the environment to the pesticide. In the development of these standards, the Administrator shall consider the economic factors of potential national volume of use, extent of distribution, and the impact of the cost of meeting the requirements on the incentives for any potential registrant to undertake the development of the required data.". SIMPLIFIED REGISTRATION PROCEDURES; EXEMPTION FROM REQUIREMENTS FOR SUBMISSION OF DATA

Ante, p. 820.

SEC. 4. Section 3(c)(2) of the Federal Insecticide, Fungicide, and Eodenticide Act is further amended by adding at the end thereof new subparagraphs (C) and (D) as follows: "(C) SIMPLIFIED PROCEDURES.—Within nine months after the date of enactment of this subparagraph, the Administrator shall, by regulation, prescribe simplified procedures for the registration of pesticides, which shall include the provisions of subparagraph (D) of this paragraph. "(D) EXEMPTION.—No applicant for registration of a pesticide who proposes to purchase a registered pesticide from another producer in order to formulate such purchased pesticide into an end-use product shall be required to— "(i) submit or cite data pertaining to the safety of such purchased product; or "(ii) offer to pay reasonable compensation otherwise required by paragraph (1)(D) of this subsection for the use of any such data.".

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Page:United States Statutes at Large Volume 92 Part 1.djvu/879

 PUBLIC LAW 9 5 - 3 9 6 — S E P T. 30, 1978

92 STAT. 8 2 5

WAIVER OF DATA REQUIREMENTS PERTAINING TO EFFICACY

Sec. 5. Section 3(c)(5) of the Federal Insecticide, Fungicide, and Rodenticide Act is amended by adding at the end thereof the follow- 7 USC 136a. i n g: " I n considering an application for the registration of a pesticide, the Administrator may waive d a t a requirements pertaining to efficacy, in which event the Administrator may register the pesticide without determining that the pesticide's composition is such as to w a r r a n t proposed claims of efficacy. If a pesticide is found to be efficacious by any State under section 24(c) of this Act, a presumption is Post, p. 835. established "that the Administrator shall waive data requirements pertaining to efficacy for use of the pesticide in such State.". REGISTRATION UNDER SPECIAL CIRCUMSTANCES; I N T E R I M ADMINISTRATIVE REVIEW

SEC. 6. Section 3(c) of the Federal Insecticide, Fungicide, and Rodenticide Act is amended by adding at the end thereof new para- 7 USC 136a. g r a p h s (7) and (8) as follows: "(7)

REGISTRATION UNDER SPECIAL CIRCUMSTANCES.—Notwith-

standing the provisions of subsection (c)(5) of this section— " (A) The Administrator may conditionally register or amend the registration of a pesticide if the Administrator determines that (i) the pesticide and proposed use are identical or substantially similar to any currently registen^d pesticide and use thereof, or differ only in ways that would not signijficantly increase the risk of unreasonable adverse effects on the environment, and (ii) approving the registration or. amendment in the manner proposed by the applicant would not significantly increase the risk of any unreasonable adverse effect on the environment. A n applicant seeking conditional registration or amended registration under this subparagraph shall submit such data as would be required to obtain registration of a similar pesticide under subsection (c)(5) of this section: Provided, That, if the applicant is unable to submit an item of d a t a because it has not yet been generated, the Administrator may register or amend the registration of the pesticide under such conditions as will require the submission of such d a t a not later than the time such data are required to be submitted with respect to similar pesticides already registered under this Act. " (B) The Administrator may conditionally amend the registration of a pesticide to permit additional uses of such pesticide notwithstanding that data concerning the pesticide may be insufficient to support an unconditional amendment, if the Administrator determines that (i) the applicant has submitted satisfactory data pertaining to the proposed additional use, and (ii) amending the registration in the manner proposed by the applicant would not significantly increase the risk of any unreasonable adverse effect on the environment. Notwithstanding the foregoing provisions of this subparagraph, no registration of a pesticide may be amended to " permit an additional use of such pesticide if "the Administrator has issued a notice stating that such pesticide, or any ingredient thereof, meets or exceeds risk criteria associated

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Page:United States Statutes at Large Volume 92 Part 1.djvu/880

 92 STAT. 826

.J.

PUBLIC LAW 95-396—SEPT. 30, 1978 in whole or in part with human dietar-y exposure enumerated in regulations issued under this Act, and during the pendency of any risk-benefit evaluation initiated by such notice, if (I) the additional use of such pesticide involves a major food or feed crop, or ( II) the additional use of such pesticide involves a minor food or feed crop and the Administrator determines, with the concurrence of the Secretary of Agriculture, there is available an effective alternative pesticide that does not meet or exceed such risk criteria. An applicant seeking amended registration under this subparagraph shall submit such data as would be required to obtain registration of a similar pesticide under subsection (c)(5) of this section: Provided, That, if the applicant is unable to submit an item of data (other than data pertaining to the proposed additional use) because it has not yet been generated, the Administrator may amend the re^stration under such conditions as will require the submission of such data not later than the time such data are required to be submitted with respect to similar pesticides already registered under this Act. "(C) The Administrator may conditionally register a pesticide containing an active ingredient not contained in any currently registered pesticide for a period reasonably sufficient for the generation and submission of required data (which are lacking because a period reasonably sufficient for generation of the data has not elapsed since the Administrator first imposed the data requirement) on the condition that by the end of such period the Administrator receives such data and the data do not meet or exceed risk criteria enumerated in regulations issued under this Act, and on such other conditions as the Administrator may prescribe: Provided, That a conditional registration under this subparagraph shall be granted only if the Administrator determines that use of the pesticide during such period will not cause any unreasonable adverse effect on the environment, and that use of the pesticide is in the public interest. "(8)

INTERIM ADMINISTRATIVE REVIEW.—Notwithstanding any

Notice of definitions. Publication in

other provision of this Act, the Administrator may not initiate a public interim administrative review process to develop a riskbenefit evaluation of the ingredients of a pesticide or any of its uses prior to initiating a formal action to cancel, suspend, or deny registration of such pesticide, required under this Act, unless such interim administrative process is based on a validated test or other significant evidence raising prudent concerns of unreasonable adverse risk to man or to the environment. Notice of the definition of the terms 'validated test' and 'other significant evidence' as used herein shall be published by the Administrator in the Federal

Federal Register.

Register.". CLASSIFICATION PRIOR TO REREGI8TRATION; CHANGE I N CLASSIFICATION FROM RESTRICTED USE TO GENERAL U S E

7 USC 136a.

S E C 7. Section 3(d) of the Federal Insecticide, Fungicide, and Rodenticide Act is amended by— (1) inserting in paragraph (1)(A) immediately after the first sentence the following: ''testicide uses may be classified by regula-

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Page:United States Statutes at Large Volume 92 Part 1.djvu/881

 PUBLIC LAW 95-396—SEPT. 30, 1978

92 STAT. 827

tion on the initial classification, and registered pesticides may be classified prior to reregistration."; (2) striking out "30 days" in paragraph (2) and inserting in lieu thereof "forty-five days"; and (3) adding a new paragraph (3) at the end thereof as follows: "(3)

CHANGE I N CLASSIFICATION FROM RESTRICTED USE TO

GENERAL USE.—The registrant of any pesticide with one or more uses classified for restricted use may petition the Administrator to change any such classification from restricted to general use. Such petition shall set out the basis for the registrant's position that restricted use classification is unnecessary because classification of the pesticide for general use would not cause unreasonable adverse effects on the environment. The Administrator, within sixty days after receiving such petition, shall notify the registrant whether the petition has been granted or denied. Any denial shall contain an explanation therefor and any such denial shall be subject to judicial review under section 16 of this Act.". REREGISTRATION

SEC. 8. Section 3 of the Federal Insecticide, Fungicide, and Rodenticide Act is amended by adding at the end thereof new subsection (g) 7 USC 136a. as follows: "(g) REREGISTRATION or PESTICIDES.—The Administrator shall accomplish the reregistration of all pesticides in the most expeditious manner practicable: Provided, That, to the extent appropriate, any pesticide that results in a postharvest residue in or on food or feed crops shall be given priority in the reregistration process.". AUTHORITY or ADMINISTRATOR TO CERTIFY APPLICATORS

SEC. 9. Section 4(a) of the Federal Insecticide, Fungicide, and Rodenticide Act is amended by inserting in paragraph (1) immedi- 7 USC 136b. ately after "(1) FEDERAL CERTIFICATION.—" the following: "In any State for which a State plan for applicator certification has not been approved by the Administrator, the Administrator, in consultation with the Governor of such State, shall conduct a program for the certification of applicators of pesticides: Provided, That such program shall conform to the requirements imposed upon the States under the provisions of subsection (a)(2) of this section and shall not require private applicators to take any examination to establish competency in the use of pesticides. Prior to the implementation of the program, the Administrator shall publish in the Federal Register for review and comment a summary of the Federal plan for applicator certification and shall make generally available within the State copies of the plan. The Administrator shall hold public hearings at one or Public hearings, more locations within the State if so requested by the Governor of such State during the thirty days following publication of the Federal Register notice inviting comment on the Federal plan. The hearings shall be held within thirty days following receipt of the request from the Governor. In any State in which the Administrator conducts a certification program, the Administrator may require any person engaging in the commercial application, sale, offering for sale, holding

39-194 O—80—pt. 1

56: QL3

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Page:United States Statutes at Large Volume 92 Part 1.djvu/882

 92 STAT. 828

PUBLIC LAW 95-396—SEPT. 30, 1978 for sale, or distribution of any pesticide one or more uses of which have been classified for restricted use to maintain such records and submit such reports concerning the commercial application, sale, or distribution of such pesticide as the Administrator may by regulation prescribe.". EXPERIMENTAL USE PERMITS

7 USC 136c.

' '

SEC. 10. Section 5 of the Federal Insecticide, Fungicide, and Rodenticide Act is amended by— (1) amending subsection (a) to read as follows: " (a) ISSUANCE.—Any person may apply to the Administrator for an experimental use permit for a pesticide. The Administrator shall review the application. After completion of the review, but not later than one hundred and twenty days after receipt of the application and all required supporting data, the Administrator shall either issue the permit or notify the applicant of the Administrator's determination not to issue the permit and the reasons therefor. The applicant may correct the application or request a waiver of the conditions for such permit witjiin thirty days of receipt by the applicant of such notification. The Administrator may issue an experimental use permit only if the Administrator determines that the applicant needs such permit in order to accumulate information necessary to register a pesticide under section 3 of this Act. An application for an experimental use permit may be filed at any time."; and (2) in subsection (f), striking out the word "may" the first time it appears in the first sentence and inserting in lieu thereof "shall". ALTERNATIVE TO CANCELLATION

7 USC 136d.

SEC. 11. Section 6(b) of the Federal Insecticide, Fungicide, and Rodenticide Act is amended by inserting in the last sentence immediately after "In taking any final action under this subsection, the Administrator" the following: "shall consider restricting a pesticide's use or uses as an alternative to cancellation and shall fully explain the reasons for these restrictions, and". CANCELLATION OF CONDITIONAL REGISTRATION

7 USC 136d.

SEC. 12. Section 6 of the Federal Insecticide, Fungicide, and Rodenticide Act is amended by redesignating subsection (e) as subsection (f) and inserting after subsection (d) a new subsection (e) as follows: "(e)

Notice. Ante, p. 825.

CONDITIONAL REGISTRATION.—

"(1) The Administrator shall issue a notice of intent to cancel a registration issued under section 3(c)(7) of this Act if (A) the Administrator, at any time during the period provided for satisfaction of any condition imposed, determines that the registrant has failed to initiate and pursue appropriate action toward fulfilling any condition imposed, or (B) at the end of the period provided for satisfaction of any condition imposed, that condition has not been met: Provided, That the Administrator may permit the continued sale and use of existing stocks of a pesticide whose conditional registration has been canceled under this subsection to such extent, under such conditions, and for such uses as the Administrator may specify if the Administrator determines that

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Page:United States Statutes at Large Volume 92 Part 1.djvu/883

 PUBLIC LAW 95-396—SEPT. 30, 1978

92 STAT. 829

such sale or use is not inconsistent with the purposes of this Act and will not have unreasonable adverse effects on the environment. "(2) A cancellation proposed under this subsection shall become final and effective at the end of thirty days from receipt by the registrant of the notice of intent to cancel unless during that time a request for hearing is made by a person adversely affected by the notice. If a hearing is requested, a hearing shall be conducted under subsection (d) of this section: Provided, That the only matters for resolution at that hearing shall be whether the registrant has initiated and pursued appropriate action to comply with the condition or conditions within the time provided or whether the condition or conditions have been satisfied within the time provided, and whether the Administrator's determination with respect to the disposition of existing stocks is consistent with this Act. A decision after completion of such hearing shall be final. Notwithstanding any other provision of this section, a hearing shall be held and a determination made within seventyfive days after receipt of a request for such hearing.". REGISTRATION OF ESTABLISHMENTS

SEC. 13. Section 7 of the Federal Insecticide, Fungicide, and Rodenticide Act is amended by— 7 USC 136e. (1) in subsection (a), inserting "or active ingredient used in producing a pesticide subject to this Act" immediately after "any pesticide subject to this Act"; (2) in subsection (c)(1), inserting "and, if applicable, active ingredients used in producing pesticides" immediately after "pesticides"; and (3) in subsection (d), inserting "other than the names of the esticides or active ingredients used in producing pesticides prouced, sold, or distributed at an establishment" immediately after "pursuant to subsection (c)".

S

INSPECTION OF BOOKS AND RECORDS

SEC. 14. Section 8(b) of the Federal Insecticide, Fungicide, and Rodenticide Act is amended by adding at the end thereof the follow- 7 USC 136f. ing: "Before undertaking an inspection under this subsection, the officer or employee must present to the owner, operator, or agent in charge of the establishment or other place where pesticides or devices are held for distribution or sale, appropriate credentials and a written statement as to the reason for the inspection, including a statement as to whether a violation of the law is suspected. If no violation is suspected, an alternate and sufficient reason shall be given in writing. Each such inspection shall be commenced and completed with reasonable promptness.". TRADE SECRET AMENDMENTS

SEC. 15. Section 10 of the Federal Insecticide, Fungicide, and Rodenticide Act is amended by— 7 USC 136h. (1) in subsection (b), inserting immediately after "Notwithstanding any other provision of this Act" the following: "and subject to the limitations in subsections (d) and (e) of this section"; and

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