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Page:United States Statutes at Large Volume 92 Part 2.djvu/317

 PUBLIC LAW 95-4«l—OCT. 18, 1978

92 STAT. 1597

TITLE III—FOREIGN ASSISTANCE (OTHER) INDEPENDENT AGENCY ACTION—INTERNATIONAL PROGRAMS PEACE CORPS

For expenses necessary for Action to carry out the provisions of the Peace Corps Act, as amended (22 U.S.C. 2501 et seq.), $95,000,000: Provided, That of the funds appropriated under this heading, not more than $320,000 shall be available for the United Nations Volunteer Program: Provided further, That none of the funds appropriated in this paragraph shall be used to pay for abortions. DEPARTMENT or STATE MIGRATION AND REFUGEE ASSISTANCE

For expenses, not otherwise provided for, necessary to enable the Secretary of State to provide, as authorized by law, a contribution to the International Committee of the Red Cross and assistance to refugees, including contributions to the Intergovernmental Committee for European Migration and the United Nations High Commissioner for Refugees; salaries and expenses of personnel and dependents as authorized by the Foreign Service Act of 1946, as amended (22 U.S.C. 801-1158); allowances as authorized by 5 U.S.C. 5921-5925; hire of passenger motor vehicles; and services as authorized by 5 U.S.C. 3109; %lll,^^^,100: Provided, That not to exceed $3,225,000 of this amount shall be available for refugees in Africa: Provided further, That $20,000,000 of these funds be expended only by the Department of Health, Education, and Welfare for the resettlement in the United States of Soviet and other refugees not currently covered by existing Federal refugee programs: Provided further. That these funds shall be administered in a manner that ensures equity in the treatment of all refugees receiving Federal assistance: Provided further. That no funds herein appropriated shall be used to assist directly in the migration to any nation in the Western Hemisphere of any person not having a security clearance based on reasonable standards to insure against Communist infiltration in the Western Hemisphere. UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE FUND

For necessary expenses to carry out the provisions of section 2(c) of the Migration and Refugee Assistance Act of 1962, as amended (22 U.S.C. 2601(c)), $9,500,000, to remain available until expended. FUNDS APPROPRIATED TO THE PRESIDENT INTERNATIONAL. FINANCIAL INSTITUTIONS C O N T R I B U T I O N TO THE ASIAN DEVELOPMENT BANK

For payment to the Asian Development Bank by the Secretary of the Treasury, $265,000,000, for the (1) United States share of the increase in subscriptions to the (a) paid-in capital stock, and (b) callable capital stock, and (2) the United States contribution to the increase in resources of the Asian Development Fund as authorized by the Act of October 3, 1977 (Public Law 95-118), to remain avail- 22 USC 285t. able until expended: Provided, That no such payment may be made while the United States Director to the Bank is compensated by the Bank at a rate which, together with whatever compensation such Direc-

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Page:United States Statutes at Large Volume 92 Part 2.djvu/318

 92 STAT. 1598

PUBLIC LAW 95-481—OCT. 18, 1978 tor receives from the United States, is in excess of the rate provided for an individual occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, or while any alternate United States Director to the Bank is compensated by the Bank in excess of the rate provided for an individual occupying a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. ,, CONTRIBUTION TO THE INTER-AMERICAN DEVELOPMENT BANK

22 USC 283W.

For payment to the Inter-American Development Bank by the Secretary of the Treasury, $763,728,483, for the United States share of (1) the increase in subscriptions to (a) paid-in capital stock, and (b) callable capital stock, and (2) the fifth replenishment of the resources of the Fund for Special Operations as authorized by the Act of May 31, 1976 (Public Law 94-302), to remain available until expended: Provided, That no such payment may be made while the United States Executive Director to the Bank is compensated by the Bank at a rate in excess of the rate provided for an individual occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, or while the alternate United States Executive Director to the Bank is compensated by the Bank at a rate in excess of the rate provided for an individual occupying a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. CONTRIBUTION TO THE INTERNATIONAL BANK FOR RECONSTRUCTION AND DEVELOPMENT

22 USC 282U.

For payment to the International Bank for Reconstruction and Development by the Secretary of the Treasury, $163,079,165, for the United States share of the increase in subscriptions to the (1) paid-in capital stock, and (2) callable capital stock, as authorized by the Act of October 3, 1977 (Public Law 95-118), to remain available until expended: Provided, That no such payment may be made while the United States Executive Director to the Bank is compensated by the Bank at a rate in excess of the rate provided for an individual occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, or while the alternate United States Executive Director to the Bank is compensated by the Bank at a rate in excess of the rate provided for an individual occupying a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. CONTRIBUTION TO THE INTERNATIONAL FINANCE CORPORATION

22 USC 285s.

For payment to the International Finance Corporation by the Secretary of the Treasury, $40,045,100, for the United States share of the increase in subscriptions to capital stock, as authorized by the Act of October 3, 1977 (Public Law 95-118), to remain available until expended. CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT ASSOCIATION

For payment to the International Development Association by the
 * ,K£ i; i Secretary; of the Treasury, $458,000,000 for the United States

contribution to the fourth replenishment as authorized by the Act of 22 USC 284/. August 14, 1974 (Public Law 93-373), to remain available until expended and $800,000,000, for the second installment of the United

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Page:United States Statutes at Large Volume 92 Part 2.djvu/319

 PUBLIC LAW 95-481—OCT. 18, 1978

92 STAT. 1599

States contribution to the fifth replenishment as authorized by the Act of October 3, 1977 (Public Law 95-118), to remain available until 22 USC 284n. expended: Provided, That no such payment may be made while the United States Executive Director to the International Bank for Reconstruction and Development is compensated by the Bank at a rate in excess of the rate provided for an individual occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, or while the alternate United States Executive Director to the Bank is compensated by the Bank at a rate in excess of the rate provided for an individual occupying a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. CONTRIBUTION TO THE AFRICAN DEVELOPMENT F U N D

For payment to the African Development Fund by the Secretary of the Treasury, $25,000,000, for the United States contribution to the increase in resources as authorized by the Act of October 3, 1977 (Public Law 95-118), to remain available until expended. 22 USC 290g-10. FUTURE UNITED STATES CONTRIBUTIONS TO THE F I N A N C I A L INSTITUTIONS

INTERNATIONAL

I t is the sense of the Congress that the United States share of 22 USC 262c contributions to future replenishments of the International Financial note. Institutions should not exceed the percentages enumerated below for each of the respective accounts within these institutions: Asian Development Bank: Paid-in capital, 16.3 percent; Callable capital, 16.3 percent; Asian Development Fund, 22.2 percent; African Development Bank: Special Fund, 18 percent; Inter-American Development Bank: Paid-in capital, 34.5 percent; Callable capital, 34.5 percent; Fund for Special Operations, 40 percent; ' International Bank for Reconstruction and Development: Paid-in capital, 24 percent; Callable capital, 24 percent; International Development Association, 25 percent; International Finance Corporation, 23 percent. TITLE IV—EXPORT-IMPORT BANK O F THE UNITED STATES The Export-Import Bank of the United States is hereby authorized to make such expenditures within the limits of funds and borrowing authority available to such corporation, and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as amended, as may be necessary in carrying out the 31 USC 849. program set forth in the budget for the current fiscal year for such corporation, except as hereinafter provided: Provided, That none of the funds available during the current fiscal year may be used to make expenditures, contracts, or commitments for the export of nuclear equipment, fuel, or technology to any country other than a nuclearweapon State as defined in Article IX of the Treaty on the

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 92 STAT. 1600

PUBLIC LAW 95-481—OCT. 18, 1978

Non-Proliferation of Nuclear Weapons eligible to receive economic or t;;>, M... military assistance under this Act that has detonated a nuclear explosive after the date of enactment of this Act. LIMITATION ON PROGRAM ACTIVITY

Not to exceed $5,347,345,000 (of which not to exceed $3,750,000,000 shall be for direct loans) shall be authorized during the current fiscal year for other than administrative expenses. LIMITATION ON ADMINISTRATIVE EXPENSES

Not to exceed $13,515,000 (to be computed on an accrual basis) shall be available during the current fiscal year for administrative expenses, including hire of passenger motor vehicles, services as authorized by 5 U.S.C. 3109, and not to exceed $24,000 for entertainment allowances for members of the Board of Directors: Provided, That (1) fees or dues to international organizations of credit institutions engaged in financing foreign trade, (2) necessary expenses (including special services performed on a contract or a fee basis, but not including other personal services) in connection with the acquisition, operation, maintenance, improvement, or disposition of any real or personal property belonging to the Bank or in which it has an • 1 interest, including expenses of collections of pledged collateral, or ^ - .. the investigation or appraisal of any property in respect to which an application for a loan has been made, and (3) expenses (other than internal expenses of the Bank) incurred in connection with the issuance and servicing of guarantees, insurance, and reinsurance, shall be considered as nonadministrative expenses for the purposes hereof. TITLE V—UNITED STATES PARTICIPATION, SUPPLEMENTARY FINANCING FACILITY, INTERNATIONAL MONETARY FUND For the purpose of participation by the United States, in an amount equivalent to 1,450,000,000 Special Drawing Rights, in the Supplementary Financing Facility established by decision numbered 5508-(77/127) of the Executive Directors of the Fund, as provided in the decision numbered 5509-(77/127) of the Fund, and for the expenditures resulting therefrom, not to exceed $1,831,640,000, to remain available until the termination of the facility: Provided, That no such payment may be made while the United States Executive Director to the International Monetary Fund is compensated by the Fund at a rate in excess of the rate provided for an individual occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, or while the alternate United States Executive Director to the Fund is compensated by the Fund at a rate in excess of the rate provided for an individual occupying a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. j^ ' Publicity or propaganda.

TITLE VI—GENERAL PROVISIONS SEC. 601. No part of any appropriation contained in this Act shall be used for publicity or propaganda purposes within the United States not heretofore authorized by the Congress.

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 Rh recognise the full importance of the factor, and that I am anxious for the correct solution of the problem which may, I believe, be essayed with better chances of success in our own than in other lands. Even here, how insufficient are the data, how obscure and complicated the whole subject. Yet compare the British Isles and their four historically known groups of population, two belonging to the Celtic races, Gaels and Brythons, two to the Teutonic, Low-Germans and Scandinavians, with any other European land presenting a similar mixture of blood, speech, and culture, and note how infinitely more favourable are the conditions for the student desirous of verifying the hypothesis of Celtic or Teutonic influence on folklore. In Germany, for instance, whilst the medium in which the folklore is preserved is almost wholly Teutonic, large portions of present Germany are known to have been occupied within historic time by Celtic or Slavonic populations, and the influence which may thus have been exercised upon the present stock of inhabitants and their traditions has formed the subject of much inquiry. For the most part this has not progressed beyond the stage of more or less plausible hypothesis, because the definite historical records, the literary and linguistic documents present in England, are lacking in Germany. In France again, history tells us of a powerful Celtic state, but its culture melted away when it came into contact with that of Rome, and has almost wholly disappeared; history tells us also of Germanic and later Scandinavian invasions contemporaneous with those of these islands, and possibly not greatly inferior in extent and duration, but practically the historic record alone remains, the speech, the customary wisdom, the treasure of myth and legend have disappeared and left scarce a visible trace upon French culture. To surmise in how far French folklore may have been affected is, it will be conceded, a matter of extreme delicacy.

If British folklore thus compares favourably with that


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Page:United States Statutes at Large Volume 92 Part 2.djvu/321

 PUBLIC LAW 95-481—OCT. 18, 1978

92 STAT. 1601

SEC. 602. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided here.n. SEC. 603. No part of any appropriation contained in this Act shall be used to furnish assistance to any country which is in default during a period in excess of one calendar year in payment to the United States of principal or interest on any loan made to such country by the United States pursuant to a program for which funds are appropriated under this Act. SEC. 604. None of the funds appropriated by this Act shall be available for the Office of the Inspector General of Foreign Assistance. SEC. 605. None of the funds appropriated or made available pursuant to this Act shall be available to any international financial institution whose United States' representative cannot upon request obtain the amounts and the names of borrowers for all loans of the international financial institution, including loans to employees of the inst.tution, or the compensation and related benefits of employees of the institution. SEC. 606. None of the funds appropriated in this Act shall be used for any form of aid or trade, either by monetary payment or by the sale or transfer of any goods of any nature, directly to Cuba. SEC. 607. None of the funds appropriated or otherwise made available by this Act to the Export-Import Bank and funds appropriated by this Act for direct foreign assistance may be obligated for any government which aids or abets, by granting sanctuary from prosecution to, any individual or group which has committed an act of international terrorism, unless the President of the United States finds that the national security requires otherwise. SEC. 608. None of the funds appropriated or made available pursuant to this Act for direct foreign assistance and none of the funds otherwise made available pursuant to this Act to the Export-Import Bank and the Overseas Private Investment Corporation shall be obligated or expanded to finance any loan, any assistance or any other financial CDmmitments for establishing or expanding production of any commodity for export by any country other than the United States, if the commodity is likely to be in surplus on world markets at the time the resulting productive capacity is expected to become operative and if the assistance will cause substantial injury to United States producers of the same, similar or competing commodity: Provided, That such prohibition shall not apply to the Export-Import Bank if in the judgment of its Board of Directors the benefits to industry and employment in the United States are likely to outweigh the injury to United States producers of the same, similar or competing commodity. SEC. 609. The Secretary of the Treasury shall instruct the United States executive directors of the International Bank for Keconstruction and Development, the International Development Association, the International Finance Corporation, the Inter-American Development Bank and the Asian Development Bank, and the executive director representing the United States at the African Development Fund to use the voice and vote of the United States to oppose any assistance by these institutions, using funds appropriated or made available pursuant to this Act, for the production of any commodity for export, if it is in surplus on world markets and if the assistance will cause substantial injury to United States producers of the same, similar or competing commodity.

9-194 O—80—pt. 2

21: QL3

Fiscal year.

Countries in default.

Office of the Inspector General of Foreign Assistance, prohibition. Certain international financial institutions, prohibition. Cuba, assistance prohibition. Terrorism, prohibitions.

Financial assistance for expanding production for commodities of other countries, prohibition.

World financial institutions, assistance for commodities in surplus on world markets, prohibition. 22 USC 262h.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/322

 92 STAT. 1602 Presidential consultations with OECD. 22 USC 2169 note.

Presidential report to

Human rights standards. 22 USC 262d note.

Short title.

PUBLIC LAW 95-481—OCT. 18, 1978 SEC. 610. The President shall initiate wide international consultations beginning with the member nations of the Organization of Economic Cooperation and Development (OECD), designed to develop a viable standard governing the allocation of development assistance for the production and export of commodities. Such consultations shall relate to commodities which are in surplus in the world market and if produced for export would cause substantial harm to producers of the same, similar or competing products. Not later than one year after the enactment of this Act the President shall report to the President of the Senate, the Speaker of the House of Representatives, and the Chairmen of the House and Senate Appropriations Committees on the progress made in carrying out this section. SEC. 611. The President shall direct the United States Governor of the International Bank for Reconstruction and Development, the United States Governor of the International Finance Corporation, the United States Governor of the International Development Association, the United States Governor of the Inter-American Development Bank, the United States Governor of the Asian Development Bank, and the United States Governor of the African Development Fund, to propose and seek adoption of an amendment to the Articles of Agreement for their respective institutions to establish human rights standards to be considered in connection with each application for assistance. This Act may be cited as the "Foreign Assistance and Related Programs Appropriations Act, 1979". Approved October 18, 1978.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 95-1250 (Comm. on Appropriations) and No. 95-1754 (Comm. of eonference). SENATE REPORT No. 95-1194 (Coram, on Appropriations). CONGRESSIONAL RECORD, Vol. 124 (1978): July 31, Aug. 2-4, 14, considered and passed House. Sept. 21, 22, considered and passed Senate, amended. Oct. 12, House agreed to conference report; concurred in certain Senate amendments, in others with amendments, insisted on disagreement to Senate amendment No. 63. Oct. 13, Senate agreed to conference report; concurred in House amendments, receded from amendment No. 63.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/323

 PUBLIC LAW 95-482—OCT. 18, 1978

92 STAT. 1603

Public Law 95-482 95th Congress Joint Resolution Making continuing appropriations for the fiscal year 1979, and for other purposes.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated out of any money in the Treasury not otherwise appropriated, and out of applicable corporate or other revenues, receipts, and funds, for the several departments, agencies, corporations, and other organizational units of the Government for the fiscal year 1979, namely: SEC. 101. (a) Such amounts as may be necessary for continuing the following activities, not otherwise provided for, which were conducted in fiscal year 1978, out at a rate for operations not in excess of the current rate: activities under the Community Services Act; activities under the Environmental Education Act; activities under the Educational Television Broadcasting Facilities and Telecommunications Demonstration Act; activities under the Social Security Act; activities under the Older Americans Act including provision of cash or commodities; activities under the Kehabilitation Act; activities under the International Health Eesearch Act; activities under the Developmental Disabilities Services and Facilities Construction Act; activities under the Public Health Service Act; i activities under the Lead-based Paint Poisoning Prevention Ct. activities under the Community Mental Health Center Act; activities under the Alcohol and Drug Abuse Education Act; activities under the Child Abuse Prevention and Treatment Art'

activities under the Runaway Youth Act; activities under the Comprehensive Employment and Training Act, except that such activities shall be contmued at a rate for operations not in excess of the lower of the current rate or the rate authorized by S. 2570 as passfed the House of Representatives; activities under the Domestic Volunteer Services Act; activities under the Public Broadcasting Financing Act; activities for support of Home Health Services under Public Law 94—63; and activities under the Drug Abuse Office and Treatment Act. (b) Such amounts as may be necessary, notwithstanding any other provision of this joint resolution, for the fiscal year ending September 30, 1979, for programs, projects, and activities to the extent and in the manner provided for in the Energy and Water Development Appropriation Act, 1979 (H.R. 12928) as enacted by the Congress: Provided, That no funds shall be available for the Narrows Unit, Colorado; Bayou Bodcau and Tributaries, Louisiana; Yatesville Lake, Kentucky; Fruitland Mesa, Colorado; Savery-Pot Hook, Colorado and Wyoming; and Lukfata Lake, Oklahoma, projects:

Oct. 18, 1978 [H.J. Res. 1139]

Continuing appropriations, ^ 1979.

42 USC 2701 °ote. 20 USC 1531 °°*®47 USC 390 note, 42 USC 1305. 42 USC 3001 °°*®29 USC 701 note, 22 USC 2101 °ote. 42 USC 2661 ^°^42 USC 201 note. ^^ USC 4801 °^*T*,CP 9^01 ^^ ^^^ ^°^^ °°*®21 USC 1001

te ^n use 5101 ^j^g ^o nsr 5701 j^^^^^ 29 USC 801 note. 42 usC 4951 note ^y yg^ 3^^ ^ ^ jg USC 1101 21 USC 246 note gi TJ n^jg

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 92 STAT. 1604

^

42 USC 1962b.

PUBLIC LAW 95-482—OCT. 18, 1978

Provided further, That no funds shall be available for construction of the Animas-La Plata, Colorado; McGee Creek, Oklahoma; Uintah Unit and Upalco Unit of the Central Utah Project, Utah; Kaskaskia Island Drainage and Levee District, Illinois; Units L611-614, Missouri River Levee System, Iowa; Cedar River Harbor, Michigan; Milan, Illinois; Arcadia Lake, Oklahoma; Burlington Dam, North Dakota; and Big Pine Lake, Texas, projects; but funds shall be jnade available to continue planning of these projects: Provided further, That sections 201 and 305 of said Act are not applicable to the funds and authority made available by this subsection: Provided further, That the paragraph in said Act entitled "Office of the Secretary, water resources planning" is not applicable to the funds and authority made available by this subsection: Provided further, That there is hereby appropriated for the Water Resources Council for expenses necessary in carrying out the provisions of the Water Resources Planning Act of 1965 (42 U.S.C. 1962-1962d-3), as amended, including services as authorized by 5 U.S.C. 3109 and 42 U.S.C. 1962a-4(5), and hire of passenger motor vehicles (42 U.S.C. 1962a-4(6)), $12,681,900, to remain available until expended, including $2,668,000, for expenses in administering the Act (42 U.S.C. 1962d(b)), $2,480,900 for preparation of assessments and plans (42 U.S.C. 1962d{c)), $1,047,000 for preparation of plans (33 U.S.C. 1289), $2,886,000 for expenses of river basin commissions under title II of the Act (42 U.S.C. 1962d(a)), and $3,000,000 for grants to States under title III of the Act (42 U.S.C. 1962c(a)), and $600,000 for groundwater studies in the Delaware River Basin and Susquehanna River Basin. SEC. 102. Appropriations and funds made available and authority granted pursuant to this joint resolution shall be available from October 1, 1978, and shall remain available until (a) enactment into law of an appropriation for any project or activity provided for in this joint resolution, or (b) enactment of the applicable appropriation Act by both Houses without any provision for such project or activity, or (c) September 30, 1979, whichever first occurs. SEC. 103. Appropriations and funds made available or authority granted pursuant to this joint resolution may be used without regard to the time limitations for submission and approval of apportionments set forth in section 665(d)(2) of title 31, United States Code, but nothing herein shall be construed to waive any other provision of law governing the apportionment of funds. SEC. 104. Appropriations made and authority granted pursuant to this joint resolution shall cover all obligations or expenditures incurred for any project or activity during the period for which funds or authority for such project or activity are available under this joint resolution. SEC. 105. Expenditures made pursuant to this joint resolution shall be charged to the applicable appropriation, fund, or authorization whenever a bill in which such applicable appropriation, fund, or authorization is contained is enacted into law. SEC. 106. No appropriation or fund made available or authority granted pursuant to this joint resolution shall be used to initiate or resume any project or activity for which appropriations, funds, or other authority were not available during the fiscal year 1978.

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 PUBLIC LAW 95-482--0CT. 18, 1978 SEC. 107. Any appropriation for the fiscal year 1979 required to be apportioned pursuant to section 665 of title 31, United States Code, may be apportioned on a basis indicating the need (to the extent any such increases cannot be absorbed within available appropriations) for a supplemental or deficiency estimate of appropriation to the extent necessary to permit payment of such pay increases as may be granted pursuant to law to civilian officers and employees and to active and retired military personnel. Each such appropriation shall otherwise be subject to the requirements of section 665 of title 31, United States Code. SEC. 108. All obligations incurred in anticipation of the appropriations and authority provided in this joint resolution are hereby ratified and confirmed if otherwise in accordance with the provisions of this joint resolution. SEC. 109. Section 406 of Public Law 95-426 is repealed. SEC. 110. Title II of the Department of Transportation and Related Agencies Appropriation Act, 1979 (Public Law 95-335), is amended by striking out under the heading "UNITED STATES RAILWAY ASSOCIATION" "PAYMENTS FOR PURCHASE OF CONRAIL SEcunrrrEs" all that follows after the last comma and inserting in lieu thereof a period. SEC. 111. For payment to the Rhode Island Indian Claims Settlement Fund, as authorized by Public Law 95-395, $3,500,000, to remain available until expended. SEC. 112. Section 105(e)(3) of the Legislative Branch Appropriation Act, 1968, as amended and modified (2 U.S.C. 61-1 (e)(3)), is amended— (1) by striking out "four" in subparagraph (A) and inserting in lieu thereof "two"; (2) by striking out "two such" in subparagraph (A) and inserting in lieu thereof "four such"; and (3) by striking out "three such" in subparagraph (B) and inserting in lieu thereof "five such". SEC. 113. (a) The Secretary of Commerce (hereinafter in this section referred to as the "Secretary") is authorized to award grants to the United States Olympic Committee (hereinafter in this section referred to as "the Corporation") to assist in the development of amateur athletics in the United States. The Corporation may apply to the Secretary for funds available under this section, and shall use such funds consistent with the provisions of the Amateur Sports Act of 1978. The Secretary may approve any application which meets the requirements of this section, and award grants to the Corporation in a total sum not exceeding $16,000,000 to finance the construction, improvement, and maintenance of facilities for programs of amateur athletic activity and to defray direct operating costs of programs of amateur athletic activity, consistent with section 104 of the Act entitled "An Act to incorporate the United States Olympic Association", approved September 1, 1950 (36 U.S.C. 371 et seq.), as amended by the Amateur Sports Act of 1978. (b) The Corporation shall, on or before the first day of June of each year, transmit to the Congress a report which shall include a detailed accounting of the funds made available to the Corporation by the Sec-

92 STAT. 1605

Repeal. -^n^. p- 979, Ante, p. 445.

Ante, p. 813.

36 USC 384.

'

Report to Congress,

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 92 STAT. 1606

PUBLIC LAW 95-482—OCT. 18, 1978 retary pursuant to subsection (a) and a comprehensive description of those projects which the Corporation anticipates it will finance during the next fiscal year with funds authorized by this section. (c) Each application for funds available under this section shall be in such form as the Secretary shall provide and shall contain provisions to assure that such funds are disbursed in accordance with the provisions of this section. For the purpose of review or audit, the Secretary shall have access to any b o o ^, documents, papers, and records which are relevant to any grant received under this section. (d) There are authorized to be appropriated to the Secretary not to exceed $16,000,000 in fiscal year 1980, such sums to remain available until expended. Approved October 18, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1599 (Comm. on Appropriations). SENATE REPORT No. 95-1317 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 124 (1978): Sept. 26, considered and passed House. Oct. 15, considered and passed Senate, amended; House agreed to Senate amendments.

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 PUBLIC LAW 95-483—OCT. 18, 1978

92 STAT. 1607

Public Law 95-483 95th Congress An Act To provide for the regulation of rates or charges by certain state-owned carriers in the foreign commerce of the United States, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Ocean S h i p p i n g Act of 1978". SEC. 2. The first section of the S h i p p i n g Act, 1916, as amended (46 U.S.C. 801), is further amended by inserting the following definition of the term "controlled carrier" immediately following the definition of the term "common carrier by w a t e r ": " The term 'controlled carrier' means a common carrier by water operating, offering, or proposing to offer service in the foreign commerce of the United States which carrier is or whose operating assets are directly or indirectly owned or controlled by the government under whose registry the vessels of the controlled carrier operate. Ownership or control by such government shall be deemed to exist if a majority portion of the interest in the carrier is owned or controlled in any manner by such government, by any agency of the government, or by any person, corporation, or entity controlled by such government. Ownership or control shall also be deemed to exist if the government has the r i g h t to appoint or disapprove the appointment of a majority of the directors or the chief operating or executive officer of the carrier". SEC. 3. Section 18 of the S h i p p i n g Act, 1916, as amended (46 U.S.C. 817), is further amended by adding at the end thereof, the following new subsection: " (c)(1) No controlled carrier subject to this Act shall maintain rates or charges in its tariffs filed with the Commission that are below a level which is just and reasonable, nor shall any such carrier establish or maintain unjust or unreasonable classifications, rules, or regulations in such tariffs. A n unjust or unreasonable classification, rule, or regulation means one which results or is likely to result in the carriage or handling of cargo at rates or charges which are below a level which is just and reasonable. The Commission *may at any time after notice and hearing, disapprove any rates, charges, classifications, rules, or regulations which the controlled carrier has failed to demonstrate to be just and reasonable. I n any proceeding under this subsection, the burden of proof shall be on the controlled carrier to demonstrate that its rates, charges, classifications, rules, or regulations are just and reasonable. Rates, charges, classifications, rules, or regulations filed by a controlled carrier which have been rejected, suspended, or disapproved by the Commission are void, and their use is unlawful. " (2) For the purpose of this subsection, in determining whether rates, charges, classifications, rules, or regulations by a controlled carrier are just and reasonable, the Commission may take into account a p p r o p r i a t e factors, including, but not limited to, whether: (i) the rates or charges which have been filed or which would result from the pertinent classifications, rules, or regulations are below a level which is fully compensatory to the controlled carrier based upon that carrier's

Oct. 18, 1978 [H.R. 9998] Ocean Shipping Act of 1978. 46 USC 842 note.

"Controlled carrier."

Notice and hearing.

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 92 STAT. 1608

PUBLIC LAW 95-483—OCT. 18, 1978 actual costs or upon its constructive costs, which are hereby defined as the costs of another carrier, other than a controlled carrier, operating similar vessels and equipment in the same or a similar trade; (ii) the rates, charges, classifications, rules, or regulations are the same as or similar to those filed or assessed by other carriers in the same trade; (iii) the rates, charges, classifications, rules, or regulations are required to assure movement of particular cargo in the trade; or (iv) the rates, charges, classifications, rules, or regulations are required to maintain acceptable continuity, level, or quality of common carrier service to or from affected ports. "(3) Notwithstanding the provisions of subsection (b)(2) of this section, rates, charges, classifications, rules, or regulations of controlled carriers shall not, without special permission of the Commission, become effective within less than thirty days following the date of filing with the Commission. Following the effective date of this subsection, each controlled carrier shall, upon the request of the Commission, file within twenty days of request, with respect to its existing or proposed rates, charges, classifications, rules, or regulations a statement of justification which sufficiently details the controlled carrier's need and purpose for such rates, charges, classifications, rules, or regulations, upon which the Commission may reasonably base its determination of the lawfulness thereof. "(4) Whenever the Commission is of the opinion that the rates, charges, classifications, rules, or regulations riled by a controlled carrier may be unjust and unreasonable, the Commission may issue an order to the controlled carrier to show cause why such rates, charges, classifications, rules, or regulations should not be disapproved. Pending a determination as to their lawfulness in such a proceeding, the Commission may suspend such rates, charges, classifications, rules, or regulations at any time prior to their effective date. In the case of any rates, charges, classifications, rules, or regulations which have already become effective, the Commission may, upon the issuance of an order to show cause, suspend such rates, charges, classifications, rules, or regulations on not less than sixty days notice to the controlled carrier. No period of suspension hereunder may be greater than one hundred and eighty days. Wlienever the Commission has suspended any rates, charges, classifications, rules, or regulations under this provision, the affected carrier may file new rates, charges, classifications, rules, or regulations to take effect immediately during the suspension period in lieu of the suspended rates, charges, classifications, rules, or regulations: Provided, however,^ That the Commission may reject such new rates, charges, classifications, rules, or regulations if it is of the opinion that they are unjust and unreasonable. "(5) Concurrently with the publication thereof, the Commission shall transmit to the President any order of suspension or final order of disapproval of rates, charges, classifications, rules, or regulations of a controlled carrier subject to the provisions of this subsection. Within ten days after the receipt or the effective date of such Commission order, whichever is later, the President may request the Commission in writing to stay the effect of the Commission's order if he finds that such stay is required for reasons of national defense or foreign policy which reasons shall be specified in the report. Notwithstanding any other provision of law, the Commission shall immediately grant such request by the issuance of an order in which the President's request shall be described. During any such stay, the President shall, whenever practicable, attempt to resolve the matter in controversy by negotiation with representatives of the applicable foreign governments.

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 PUBLIC LAW 95-483—OCT. 18, 1978

92 STAT. 1609

"(6) The provisions of this subsection shall not apply to: (i) any controlled carrier of a state whose vessels are entitled by a treaty of the United States to receive national or most-favored-nation treatment; (ii) any controlled carrier of a state which, on the effective date of this subsection, has subscribed to the statement of shipping policy contained in note 1 to annex A of the Code of Liberalization of Current Invisible Operations, adopted by the Council of the Organization for Economic Cooperation and Development; (iii) rates, charges, classifications, rules, or regulations of any controlled carrier in any particular trade which are covered by an agreement approved under section 15 of this Act, other than an agreement in which all of the members are controlled carriers not otherwise excluded from the provisions of this subsection; (iv) rates, charges, classifications, rules, or regulations governing the transportation of cargo by a controlled carrier between the country by whose government it is owned or controlled, as defined herein, and the United States, or any of its districts, territories, or possessions; or (v) a trade served exclusively by controlled carriers.". SEC. 4. The provisions of this Act, including the amendments made Effective date, by this Act, shall become effective thirty days after its date of 46 USC 801 note, enactment. Approved October 18, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1381 (Coram, on Merchant Marine and Fisheries). SENATE REPORT No. 95-1260 (Coram, on Coramerce, Science, and Transportation). CONGRESSIONAL RECORD, VoL 124 (1978): July 31, considered and passed House. Oct. 3, considered and passed Senate.

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 80 of France or Germany as regards its greater ease of interpretation due to the historical conditions which have determined its present form, an equally favourable comparison may be made in the case of lands like Scandinavia and Russia, the folklore of which in other respects is richer than our own. For they lack that mixture of races, and to a far greater extent than we, that conflict and super-imposition of cultures, which afford such admirable opportunities for the isolation of folklore facts and the discrimination of their true character. If it be of moment to trace the influence of race upon folklore, we must obviously begin our investigation where diverse races have been in contact and conflict, and where we can study the result upon the still existing population.

The considerations I have enumerated concern the methodological side of our study, and may be said to amount to no more than this: if an inhabitant of Saturn visited this earth and became smitten with noble enthusiasm for the problems of folklore, he would find it profitable to start his investigations in Britain. But the geography and history of our islands have had other and more important effects than the relative facility yielded to the folklorist and the greater chance of solving the problems which fascinate him. If we regard European folklore as a whole we can discern with certainty four great influences, that of Greco-Latin classic antiquity, and those of the Celtic-, the Germanic-, the Slavonic-speaking peoples respectively. The last (the Slavonic influence) may be left out of account, as it entered too late into the general current of European culture to modify the other elements I have named. As regards the first, Britain is, of course, far inferior to the Mediterranean peninsulas, or even to Southern Gaul, in the extent and variety of the material it has


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 92 STAT. 1610

PUBLIC LAW 95-484—OCT. 19, 1978

Public Law 95-484 95th Congress An Act Oct. 19, 1978 [H.R. 13797]

Fort Scott National Historic Site, Kans. Establishment.

Publication in Federal Register. 16 USC 461 note.

Administration.

43 USC 1457.

16 USC 461. Repeal.

Appropriation authorization.

To authorize establishment of the Fort Scott National Historic Site, Kansas, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, in order to commemorate the significant role played by Fort Scott in the opening of the West, as well as the Civil War and the strife in the State of Kansas that preceded it, the Secretary of the Interior may acquire by donation the land and interests in land, together with buildings and improvements thereon, known as Fort Scott, located in the city of Fort Scott, Bourbon County, Kansas: Provided, that the buildings so acquired shall not include the structure known as "Lunette Blair". SEC. 2. When the site of Fort Scott has been acquired by the United States as provided in section 1 of this Act, the Secretary of the Interior shall establish such area as the Fort Scott National Historic Site, by publication of notice and boundary map thereof in the Federal Register, SEC. 3. The Secretary of the Interior shall administer, protect, develop, and maintain the Fort Scott National Historic Site subject to the provisions of the Act entitled "An Act to establish a National Park Service, and for other purposes", approved August 25, 1916 (39 Stat. 535), as amended and supplemented, and the provisions of the Act entitled "An Act to provide for the preservation of historic America sites, buildings, objects, and antiquities of national significance, and for other purposes", approved August 21, 1935 (49 Stat. 666). SEC. 4. Sections 3 and 4 of the Act entitled "An Act to provide for the commemoration of certain historical events in the State of Kansas, and for other purposes", approved August 31, 1965 (79 Stat. 588), as amended, are hereby repealed: Provided, That all obligations pursuant to contracts for the development and construction of Fort Scott heretofore entered into by the city of Fort Scott to be paid with funds under the authority of section 3 of the aforesaid Act, shall be assumed by the Secretary: Provided further, That any remaining balance of funds appropriated pursuant to section 4 of the Act of August 31, 1965, as amended, shall be available for the purposes of carrying out this Act. SEC. 5. In addition to such sums as might be made available to the historic site by the preceding section, effective October 1, 1979, there are hereby authorized to be appropriated such sums as may be necessary for the development of the Fort Scott National Historic Site, as provided in this Act. Approved October 19, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1644 (Gomm. on Interior and Insular Affairs). CONGRESSIONAL RECORD, Vol. 124 (1978): Sept. 29, considered and passed House. Oct. 4, considered and passed Senate.

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 92 STAT. 1611

PUBLIC LAW 95-485—OCT. 20, 1978

Public Law 95-485 95th Congress An Act To authorize appropriations for fiscal year 1979 for procurement of aircraft, missiles, naval vessels, tracked combat vehicles, torpedoes, and other weapons and for research, development, test and evaluation for the Armed Forces, to prescribe the authorized personnel strength for each active duty component and the Selected Reserve of each Reserve component of the Armed Forces and for civilian personnel of the Department of Defense, to authorize the military training student loads, to authorize appropriations for civil defense, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Department of Defense Appropriation Authorization Act, 1979". TITLE I—PROCUREMENT SEC. 101. Funds are hereby authorized to be appropriated for fiscal year 1979 for the use of the Armed Forces of the United States for procurement of aircraft, missiles, naval vessels, tracked combat vehicles, torpedoes, and other weapons, as authorized by law, in amounts as follows: AIRCRAFT

For aircraft: for the Army, $972,400,000; for the Navy and Marine Corps, $4,381,100,000; for the Air Force, $7,028,200,000. MISSILES

For missiles: for the Army, $738,100,000; for the Navy, $1,583,700,000; for the Marine Corps, $23,100,000; for the Air Force, $1,626,500,000. NAVAL VESSELS

For naval vessels: for the Navy, $4,470,500,000. TRACK:ED COMBAT VEHICLES

For tracked combat vehicles: for the Army, $1,419,400,000; for the Marine Corps, $24,300,000. TORPEDOES

For torpedoes and related support equipment: for the Navy, $366,800,000. OTHER WEAPONS

For other weapons: for the Army, $109,000,000; for the Navy, $102,000,000; for the Marine Corps, $30,200,000; for the Air Force, $300,000.

Oct. 20, 1978 [S. 3486]

Department of Defense Appropriation Authorization Act, 1979.

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74 upon which alone I possess any claim to be listened to by you. But what I sought to exhibit, the archaic warp and woof persisting in the fabric of our national literature, could be, if I mistake not, as readily exemplified in the domain of institutions. Here, too, we might dwell upon the characteristic function of the English race in retaining, modifying, transmitting to the modern world, with the necessary enlargement of scope and significance, so much of the most ancient customary wisdom of the Teutonic-speaking peoples.

Whilst other European nations have mostly discarded all that clashed with the magnificent system of law edified by imperial Rome, England, preserving, elaborating the native customs of one of the component elements of our mixed race, has reared a structure of institutions not unworthy to be set by the side of the Roman, and destined to control the fortunes of even wider realms and more numerous populations. May it be suggested that, just as the Celtic element of our race has supplied so much of value towards the enrichment of our literature, even so Celtic institutions, hitherto of small account as compared with those derived from our Teutonic forefathers, may contribute somewhat towards the completed fabric of our law?

Nor does the parallel stop here. The English student of folk-institutions has, without travelling outside the limits of the empire, as wide and varied a field of inquiry as the student of folk-fancy; it is his to see that the customs in which so many different races have expressed their social ideal are made available for utilisation in modern life as well as for purely scientific inquiry. If it be urged that the rites and practices of barbaric or semi-civilised people cannot, as can their myths and legends, be welded and fused into our higher conception of social life, I would answer that the loftiest civilisation may often learn with advantage from the rudest strivings of mankind after social order and justice, and I would cite the example of the great


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 92 STAT. 1612

PUBLIC LAW 95-485—OCT. 20, 1978 TITLE II—EESEARCH, DEVELOPMENT, TEST, AND EVALUATION

SEC. 201. Funds are hereby authorized to be appropriated for fiscal year 1979 for the use of the Armed Forces of the United States for researeli, development, test, and evahiation, as authorized by law, in amounts as follows: For the Army, $2,661,701,000. For the Navy (including the Marine Corps), $4,504,268,000. For the Air Force, $4,164,500,000, of which $10,000,000 may be obligated and expended only for the North Atlantic Treaty Organization Airborne Warning and Control System (AWACS) program, but such $10,000,000 may not be obligated or expended until at least one member country of the North Atlantic Treaty Organization (other than the United States) enters into a contract to purchase the AWACS aircraft. For the Defense Agencies, $933,400,000, of which $27,600,000 is authorized for the activities of the Director of Test and Evaluation, Defense. EXTREMELY LOW FREQUENCY Presidential certification to Congress.

( E L F) COMMUNICATION SYSITSM

SEC. 202. None of the funds authorized to be appropriated by this Act for the development of the Extremely Low Frequency (ELF) communication system may be obligated or expended for the development of such system unless the President certifies to the Congress in writing that the use of funds for such purpose is in the national interest, that a site has been selected for the deployment of such system, and that the President has approved such site for the deployment of such system, and in no event may any of the funds authorized to be appropriated by this Act be used for full scale development or construction of another test-bed facility for an Extremely Low Frequency (ELF) communication system. REPORT RELATING TO DEVELOPMENT OF SURVIVABLE LAND-BASED INTERCONTINENTAL BALLISTIC MISSILE SYSTEM

Report to congressional committees.

SEC. 203. The Secretary of Defense shall, not later than October 31, 1978, report to the Committees on Armed Services of the Senate and the House of Representatives the decision of the executive branch regarding full scale development of a survivable land-based intercontinental ballistic missile system. In the event that no final decision regarding such matter has been reached by the executive branch by such date, the Secretary of Defense shall— (1) notify such committees on or before such date that no final decision has been reached and the reasons why such decision has not been made; (2) inform such committees of the technical, political, or other considerations necessitating a delay in making such decision; (3) indicate the date the Secretary believes a final decision will have been made with respect to such matter; and (4) submit a report to such committees once overy 30 days on the status of the decision on such matter (including in each such report information relating to the matters contained in clauses (2) and (3) of this section) until a final decision by the executive branch has been made and such committees have been informed of such decision.

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 PUBLIC LAW 95-485—OCT. 20, 1978

92 STAT. 1613

REPEAL OF FISCAL YEAR 1978 AWACS RESTRICTION

SEC. 204. Section 201 of the Department of Defense Appropriation Authorization Act, 1978 (Public Law 95-79, 91 Stat. 323), is amended by striking out ", but such $15,700,000 may not be obligated or expended until at least one member country of the North Atlantic Treaty Organization (other than the United States) enters into a contract to purchase the AWACS aircraft". TITLE III—ACTIVE FORCES SEC. 301. For fiscal year 1979, each component of the Armed Forces is authorized an end strength for active duty personnel as follows: (1) The Army, 775,800. (2) The Navy, 523,550. (3) The Marine Corps, 190,000. (4) The Air Force, 566,400. TITLE IV—EESERVE FORCES SEC. 401. (a) For fiscal year 1979, the Selected Reserve of each Reserve Component of the Armed Forces shall be programmed to attain an average strength of not less than the following: (1) The Army National Guard of the United States, 362,200. (2) The Army Reserve, 195,750. (3) The Naval Reserve, 87,000. (4) The Marine Corps Reserve, 33,000. (5) The Air National Guard of the United States, 92,150. (6) The Air Force Reserve, 53,075. (7) The Coast Guard Reserve, 11,700. (b) The average strength prescribed by subsection (a) of this Reduction, section for the Selected Reserve of any Reserve component shall be proportionately reduced by (1) the total authorized strength of units organized to serve as units of the Selected Reserve of such component which are on active duty (other than for training) at any time during the fiscal year, and (2) the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for . unsatisfactory participation in training) without their consent at any time during the fiscal year. Whenever such units or such individual members are released from active duty during any fiscal year, the average strength prescribed for such fiscal year for the Selected Reserve of such Reserve component shall be proportionately increased by the total authorized strength of such units and by the total number of such individual members. EDUCATIONAL ASSISTANCE PROGRAM FOR ENLISTED RESERVES

SEC. 402. (a) Section 2132(b)(1) of title 10, United States Code, relating to eligibility for educational assistance, is amended— (1) by striking out "automatically extended by two years" and inserting in lieu thereof "not less than six years"; and (2) by striking out "eighth anniversary" and inserting in lieu thereof "last day of the term". (h) Section 2135 of title 10, United States Code, is amended by striking out "1978" and inserting in lieu thereof "1980".

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 92 STAT. 1614

PUBLIC LAW 95-485—OCT. 20, 1978 RENLISTMENT BONUS FOR MEMBERS OF SELECTED RESERVE

SEC. 403. (a) Subsection (a) of section 308b of title 37, United States Code, relating to reenlistment bonuses for members of the Selected Reserve, is amended to read as follows: "(a) An enlisted member of a reserve component who— " (1) has completed less than ten years of total military services; and " (2) reenlists or voluntarily extends his enlistment for a period of three years or for a period of six years in a designated military skill, or in a designated unit, as determined by the Secretary concerned, in the Selected Reserve of the Ready Reserve of an armed force; may be paid a bonus as provided in subsection (b).". ^ (b) Subsection (b) of such section is amended by inserting "an amount not to exceed" before "$450", before "$900", and before "$150". (c) Subsection (g) of such section is amended by striking out "1978" and inserting in lieu thereof "1980". BONUS FOR ENLISTMENT I N THE SELECTED RESERVE

37 USC 308c. -^

Administration.

Refund.

Reports to Congress.

SEC. 404. (a) Chapter 5 of title 37, United States Code, is amended by inserting after section 308b the following new section: «§ 308c. Special pay: bonus for enlistment in the Selected Reserve "(a) Any person who, after September 30, 1978, enlists in the Selected Reserve of the Ready Reserve of an armed force for a term of enlistment of not less than six years, is a graduate of a secondary school, and has never previously served in an armed force may be paid a bonus as provided in subsection (b). "(b) The amount and method of payment of a bonus to be paid under subsection (a) shall be determined in accordance with regulations prescribed under subsection (c), except that the amount of such bonus may not exceed $2,000 and— "(1) one-half of the bonus shall be paid upon completion of the initial active duty for training of such person; and " (2) the remainder of the bonus may be paid in periodic installments or in a lump sum, as determined by the Secretary concerned. " (c) This Section shall be administered under regulations prescribed by the Secretary of Defense for the armed forces under his jurisdiction and by the Secretary of Transportation for the Coast Guard when it is not operating as a service in the Navy. "(d) A member who fails to participate satisfactorily in training with his unit during a term of enlistment for which a bonus has been paid to him under this section shall refund an amount which bears the same ratio to the amount of the bonus which has been paid to him as the unexpired part of such term of enlistment bears to the total length of such term of enlistment. "(e) The Secretary of defense shall submit a report to the Congress every three months stating the number of members of the Selected Reserve of the Ready Reserve who at the time of such report are serving a term of enlistment for which a bonus has been paid under this section and listing each unit of the Selected Reserve of the Ready Reserve to which any such member is assigned at the time of such report. The first such report shall be made not later than December 31, 1978.

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 PUBLIC LAW 95-485—OCT. 20, 1978

92 STAT. 1615

"(f) No bonus may be paid under this section to any enlisted member who, after September 30, 1980, enlists in the Selected Reserve of the Ready Reserve of an armed force.". (b) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 308b the following new item: "308c. Special p a y: bonus for enlistment in the Selected Reserve.". RESTRICTION ON TRANSFER FROM READY RESERVE TO STANDBY RESERVE

SEC. 405. (a)(1) Section 269 of title 10, United States Code, relating to transfers from the Ready Reserve, is amended— (A) by striking out "eligible to transfer" in subsection (a) and inserting in lieu thereof "transferred"; (B) by striking out the colon at the end of the third sentence in subsection (d) and inserting in lieu thereof a period; (C) by striking out subsection (e) and inserting in lieu thereof the following: "(e) Subject to subsection (g) and under regulations prescribed by the Secretary of Defense, and by the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy, a member in the Ready Reserve may be transferred to the Standby Reserve."; and (D) by striking out subsection (f) and inserting in lieu thereof the following: "(f) A Reserve who is qualified and so requests may be transferred to the Retired Reserve under regulations prescribed by the Secretary concerned and, in the case of the Secretary of a military department, approved by the Secretary of Defense.". (2) The amendments made by paragraph (1) shall not apply with 10 USC 269 note. respect to a member of the Ready Reserve of an Armed Force who served on active duty (other than for training) before the date of the enactment of this Act. (b) Section 271 of such title, relating to continuous screening of the 10 USC 271. Ready Reserve, is amended— (1) by inserting " (a) " before "Under regulations"; (2) by striking out "significance" in clause (1) and inserting in lieu thereof "significant"; and Regulations. (3) by adding at the end thereof the following new subsection: " (b) Under regulations to be prescribed by the Secretary of Defense, and by the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy, any member of the Ready Reserve who is designated as a member not to be retained in the Ready Reserve as a result of screening under subsection (a) shall, as appropriate, be transferred to the Standby Reserve, discharged, or, if such member is eligible and applies therefor, transferred to the Retired Reserve.". (c)(1) Section 511(b) of such title, relating to terms of enlistments Enlistment terms. 10 USC 511. in Reserve components, is amended— (A) in the first sentence— (i) by striking out "the Secretary concerned" and inserting in lieu thereof "the Secretary of Defense, and by the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy"; and (ii) by striking out "sections 451-473 of title 50, appendix" and inserting in lieu thereof "the Military Selective Service Act (50 U.S.C. App. 451-473)"; and

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 92 STAT. 1616

PUBLIC LAW 95-485—OCT. 20, 1978

(B) in the second sentence— (i) by inserting "not less than" in clause (1) before "two years" and by adding "and" at the end of such clause; (ii) by striking out clause (2); and (iii) by redesignating clause (3) as clause (2) and striking out "Standby Reserve" in such clause and inserting in lieu thereof "Ready Reserve". 10 USC 511 note. (2) The amendments made by paragraph (1) shall not apply with respect to a person who enlisted as a Reserve for service in the Armed Forces under section 511(b) of title 10, United States Code, before the date of the enactment of this Act. (d)(1) Chapter 37 of such title, relating to general service requirements, is amended by adding after section 651 the following new section: 10 USC 652. of status "Under regulations to be prescribed by the Secretary of Defense, and by the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy, each member of the Ready Reserve who is not a member of the Selected Reserve shall notify the Secretary concerned of any change in such member's address, marital status, number of dependents, or civilian employment and of any change in such member's physical condition which would / prevent him from meeting the physical or mental standards prescribed for his armed force.". (2) The table of sections at the beginning of such chapter is amended by adding after the item relating to section 651 the following new item; "652. Ready Reserves: requirement of notification of change of status.". REPEAL o r REQUIREMENT FOR A N N U A L REPORT ON RESERVE FORCES
 * §652. Ready Reserves; requirement of notification of change

Repeal.

10 USC 279.

SEC. 406. (a) Section 264 of title 10, United States Code, is amended by striking out subsection (c). (b)(1) Section 279 of such title is repealed. (2) The table of sections at the beginning of chapter 11 of such title is amended by striking out the item relating to section 279. TITLE V—CIVILIAN PERSONNEL

End strength.

Report to Congress.

SEC. 501. (a) For fiscal year 1979, the Department of Defense is authorized an end strength for civilian personnel of 1,005,500. (b) The end strength for civilian personnel prescribed in subsection (a) of this section shall be apportioned among the Department of the Army, the Department of the Navy (including the Marine Corps), the Department of the Air Force, and the agencies of the Department of Defense (other than the military departments) in such numbers as the Secretary of Defense shall prescribe. The Secretary of Defense shall report to the Congress within sixty days after the date of the enactment of this Act on the manner in which the initial allocation of civilian personnel is made among the military departments and the agencies of the Department of Defense (other than the military departments) and shall include the rationale for each allocation. (c) In computing the authorized end strength for civilian personnel there shall be included all direct-hire and indirect-hire civilian personnel employed to perform military functions administered by the Department of Defense (other than those performed by the National

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 PUBLIC LAW 95-485—OCT. 20, 1978 Security Agency), whether employed on a full-time, pait-time, or intermittent basis, but excluding special employment categories for students and disadvantaged youth such as the stay-in-school campaign, the temporary summer aid program and the Federal junior fellowship program and personnel participating in the worker-trainee oppoitunity program. Whenever a function, power, or duty, or activity is transferred or assigned to a department or agency of the Depai"tment of Defense from a department or agency outside of the Department of Defense, or from another department or agency within the Department of Defense, the civilian personnel end strength authorized for such departments or agencies of the Department of Defense affected shall be adjusted to reflect any increases or decreases in civilian personnel re<<[uired as a result of such transfer or assignment, (d) When the Secretary of Defense determines that such action is necessary in the national interest, he may authorize the employment of civilian personnel in excess of the number authorized in subsection (a) of this section, but such additional number may not exceed I14 percent of the total number of civilian personnel authorized for the Department of Defense by subsection (a) of this section. The Secretary of Defense shall promptly notify the Congress of any authorization to increase civilian personnel strength under the authority of this subsection.

92 STAT. 1617

Personnel increase, limitation.

Notification to Congress.

TITLE VI—MILITARY TRAINING STUDENT LOADS SEC. 601. (a) For fiscal year 1979, each component of the Armed Forces is authorized an average military training student load as follows: (1) The Army, 50,738. (2) The Navy, 57,996, (3) The Marine Corps, 21,324. (4) The Air Force, 44,410. (5) The Army National Guard of the United States. 11,793. (6) The Army Reserve, 5,959. (7) The Naval Reserve, 991. (8) The Marine Corps Reserve, 3,074. (9) The Air National Guard of the Imited States, 2.471. (10) The Air Force Reserve, 1,184. (b) In addition to the number authorized for the Army in subsee* tion (a), the Army is authorized a military training student load for fiscal year 1979 of not less than 17.205 to be utilized solely for One Station Unit Training. (c) The average military training student loads for the Army, Apportionment the Navy, the Marine Corps, and the Air Force and the Reserve com- adjustment, ponents authorized in subsection (a) of this section for fiscal year 1979 shall be adjusted consistent with the manpower strengths authorized in titles III, IV, and V of this Act. Such adjustment shall be apportioned among the Army, the Navy, the Marine Corps, and the Air Force and the Reserve components in such manner as the Secretary of Defense shall prescribe. REDUCTION OR RKALKIXMENT OF THE TKAIXIXG BASE

SEC. 602. (a) Notwithstanding any other provision of law, no action 10 USC 2662 may be taken to effect or implement any substantial reduction of the note, training base (as defined in subsection (c)) or any substantial force

39-194 O—80—pt. 2

22: QL3

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 92 STAT. 1618

Notification to congressional committees. Certification.

'Training base.'

PUBLIC LAW 95-485—OCT. 20, 1978 structure realignment of the training base planned as a part of the fiscal year 1979 Defense manpower program unless and until the provisions of subsection (b) are complied with. (b) No action described in subsection (a) with respect to a substantial reduction or realignment of the training base may be taken unless and until— (1) the Secretary of Defense or the Secretary of the military department concerned notifies the Committee on Armed Services and Appropriations of the Senate and House of Representatives in writing of the specific reduction or realignment proposed; (2) the Secretary of Defense or the Secretary of the military department concerned certifies that such reduction or realignment is in the best interest of the national security and provides for the most cost effective and efficient management of the training base, both in time of peace and in ability to meet mobilization requirements; and (3) a period of thirty legislative days expires following the date on which the notification and certification referred to in clauses (1) and (2) have been submitted to such committees, during which period no irrevocable action may be taken to effect or implement such reduction or realignment. For the purpose of clause (3), a legislative day is a day in which either House of Congress is in session. (c) For the purposes of this section, the term "training base" means the composite of installations, posts, camps, stations, and bases that have as a primary or secondary mission the conduct of formal entry level, advanced individual, or specialty training. TITLE VII—CIVIL D E F E N S E AUTHORIZATION FOR DEFENSE CIVIL PREPAREDNESS AGENCY

50 USC app. 2251 note.

SEC. 701. There is hereby authorized to be appropriated for the programs of the Defense Civil Preparedness Agency for fiscal year 1979 for the purpose of carrying out the provisions of the Federal Civil Defense Act of 1950 the sum of $96,500,000. CIVIL DEFENSE STUDY

50 USC app. 2281 note.

SEC. 702. (a) From the funds authorized to be appropriated pursuant to section 701 of this Act, the sum of $200,000 shall be used for a study of the special defense needs of areas of the United States which contain significant elements of the United States strategic nuclear retaliatory forces or significant defense-related research laboratories or facilities. (b) The study provided for in subsection (a) shall include the following: (1) An identification of areas of the United States which, because they contain significant elements of the United States strategic nuclear retaliatory forces or significant defense-related research laboratories or facilities, are prime targets in case of a nuclear attack. (2) A determination of what civil defense evacuation and shelter plans and warning systems are now available or are proposed to be made available* to such areas. (3) An evaluation of the effectiveness of such existing evacuation and shelter plans and warning systems.

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(4) A determination of the feasibility of establishing more effective evacuation and shelter plans and warning systems for such areas and a determination of the potential costs and methods of financing such plans and systems. (5) A detailed analysis of the specific effects of a nuclear attack X on each such area. (6) A determination of the need for educating, and the most effective methods of educating, the public in such areas on civil defense matters. (c) The study required by this section shall be completed, and copies shall be filed with the Committees on Armed Services of the Senate and House of Representatives, before April 1, 1979.

Copies, filing with congressional committees.

TITLE VIII—GENERAL PROVISIONS EXTENSION OF AUTHORITY FOR SPECIAL PAY FOR HEALTH PROFESSIONALS

SEC. 801. (a) The second sentence of section 2 of the Act entitled "An Act to amend chapter 5 of title 37, United States Code, to revise the special pay structure relating to medical officers of the uniformed services", approved May 6, 1974 (88 Stat. 96; 37 U.S.C. 302 note), is amended to read as follows: "The authority for the special pay provided by the amendments made by the first section of this Act shall expire on September 30, 1980.". (b) Sections 302a(c) and 303(c) of title 37, United States Code, are each amended by striking out "September 1978" and inserting in lieu thereof "September 1980". AUTHORITY FOR ENLISTMENT AND RENLISTMENT BONUSES

SEC. 802. (a)(1) Section 308(a) of title 37, United States Code, is amended— (A) by inserting " (1) " after " (a) " and by redesignating paragraphs (1), (2), (3), and (4) as subparagraphs (A), (B), (C), and (D), respectively; (B) by striking out "designated as having a critical military skill" in paragraph (1)(B) (as redesignated by subparagraph (A)) and inserting in lieu thereof "qualified in a military skill designated as critical"; and (C) by adding at the end thereof the following new paragraph: " (2) Notwithstanding paragraph (1)(B) of this subsection, a member who agrees to train and reenlist for service in a military skill which, at the time of that agreement, is designated as critical, may be paid the bonus approved for that skill, at the rate in effect at the time of agreement, upon completion of training and qualification in that skill, if otherwise (|ualified under this subsection and even if that skill is no longer designated as critical at the time the member becomes eligible for payment of the bonus.". (2) The amendments made by paragraph (1) shall take effect on Effective date. October 1, 1978.

(b) Sections 308(f^ and 308a(o) of title 37. United States Code, are each amended by striking out "September 30, 1978" and inserting in lieu thereof "September 30, 1980".

37 USC 308 note.

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PUBLIC LAW 95-4«5—OCT. 20, 1978 EXTENSION OF AUTHORITY FOR SUBSISTENCE ALLOWANCE FOR MARINE CORPS PLATOON LEADER CLASSES

SEC. 803. The Act entitled " A n Act to provide subsistence allowances for members of the Marine Corps officer candidate programs", approved November 24, 1971 (85 Stat. 4 9 1; 37 TJ.S.C. 209 note), is amended by striking out "September 30, 1978" and inserting in lieu thereof "September 30, 1980". CAREER SEA P A T

Effective date.

37 USC 305a.

Effective date.

37 USC 305a note.

37 USC 305.

SEC. 804. (a)(1) Effective October 1, 1978, chapter 5 of title 37, United States Code, relating to special and incentive pays, is amended by inserting after section 305 the following new section: "§ 305a. Special p a y: c a r e e r s e a p a y " (a) Under regulations prescribed by the President, an enlisted member of a uniformed service who is entitled to basic pay and who (1) is in pay grade E ^ or above, and (2) has served more than three years of sea duty, is also entitled, while on sea duty, to special pay at the applicable rate under subsection (b). " (b)(1) For sea duty performed during fiscal year 1979 or 1980, the monthly rates for special pay under subsection (a) are as follows: "learsof sea duty: Monthly rate Over 3 $25 Over 5 35 Over 12 55 " (2) For sea duty performed during fiscal year 1981, the monthly rates for special pay under subsection (a) are as follows: "Years of sea duty: Monthly rate Over 3 $25 Over 5 35 Over 7 45 Over 12 55". (2) Effective October 1, 1981, subsection (b) of section 305a of title 37, United States Code (as added by paragraph (1)), is amended to read as follows: " (b) The monthly rates for special pay under subsection (a) are as follows: "Years of sea duty: Monthly rate Over 3 $25 Over 5 35 Over 7 45 Over 9 55 Over 10 65 Over 11 75 Over 12 100" (3) I n determining the amount of sea duty to be credited to an enlisted member of a uniformed service for purposes of section 305a of title 37, United States Code (as added by paragraph (1)), the Secretary concerned shall credit such member with all periods of service by such member before October 1, 1978, during which such member served in a sea duty status. (b)(1) Section 305 of such chapter is amended— (A) by striking out all of subsection (a) that precedes the table therein and inserting in lieu thereof the following: " (a) Except as provided by subsections (b) and (c) of this section.

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under regulations prescribed by the President, an enlisted member of a uniformed service who is entitled to basic pay may, while on duty at a designated place outside the 48 contiguous States and the District of Columbia, be paid special pay at the following monthly rates:"; (B) by adding at the end thereof the following new subsection: "(c) A member receiving special pay under section 305a of this title Ante, p. 1620. may not be paid special pay under this section for the same period of service."; and (C) by striking out "sea duty or" in the section heading. (2) The table of sections at the beginning of such chapter is amended— (A) by striking out "sea duty or" in the item relating to section 305; and (B) by inserting after such item the following new item: "305a. Special p a y: career sea pay.".

(3) The amendments made by this subsection shall take effect on Effective date. October 1, 1978. _ 37 USC 305 note. (c) Any individual who on September 30, 1978, is an enlisted mem- 37 USC 305 note, ber of a uniformed service shall be eligible to receive special pay under section 305(a)(1) of title 37, United States Code, as in effect on September 30, 1978, for any period of sea duty performed by such individual during the period beginning on October 1, 1978, and ending on September 30, 1981, for which such individual does not receive special pay under section 305a of such title (as added by subsection (a)). C H I E F OF ARMY DENTAL CORPS; AIR FORCE ASSISTANT SURGEON GENERAL FOR DENTAL SERVICES

SEC. 805. (a) Section 3040(b) of title 10, United States Code, is Recommendamended by inserting after the first sentence thereof the following tions. new sentence: "The Assistant Surgeon General is Chief of the Dented Corps and is responsible for making recommendations to the Surgeon General and through the Surgeon General to the Chief of Staff on all matters concerning dentistry and the dental health of the Army.". (b)(1) Chapter 307 of title 10, United States Code, is amended by adding at the end thereof the following new section: 10 USC 3081. "§3081. Dental Corps: Chief,functions " (a) The Chief of the Dental Corps shall be an olficer of that corps appointed as prescribed in section 3040 of this title. 10 USC 3040. "(b) Under such regulations as the Secretary of the Army may Regulations. prescribe, all dental functions of the Army shall be under the direction of the Chief of the Dental Corps. All matters relating to dentistry shall be referred to the Chief of the Dental Corps. "(c) The Chief of the Dental Corps shall— "(1) establish professional standards and policies for dental practice; "(2) initiate and recommend action pertaining to organization requirements and utilization of the Dental Corps and dental auxiliary strength, appointments, advancement, training assignments, and transfer of dental personnel; and " (3) serve as the adviser to the Office of the Surgeon General on all matters relating directly to dentistry. "(d) Under such regulations as the Secretary of the Army may Regulations prescribe, dental and dental auxiliary personnel throughout the Army

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 92 STAT. 1622

10 USC 8081.

PUBLIC LAW 95-485—OCT. 20, 1978 shall be organized into units commanded by a designated Dental Corps Officer. Such officer will be directly responsible to the commander of installations, organizations, and activities for all professional and technical matters and such administrative matters as may be prescribed by regulation.". (2) The table of sections at the beginning of chapter 307 of title 10, United States Code, is amended by adding at the end thereof the following new item: "3081. Dental Corps: Chief, functions.". (c)(1) Chapter 807 of title 10, United States Code, is amended by adding at the end thereof the following new section: «§ 8081. Assistant Surgeon General for Dental Services "There is an Assistant Surgeon General for Dental Services in the Air Force who is appointed by the Secretary of the Air Force upon the recommendation of the Surgeon General from officers of the Air Force above the grade of major who are designated as dental officers under section 8067(b) of this title. The term of office of the Assistant Surgeon General for Dental Services is four years but may be increased or decreased by the Secretary of the Air Force.". (2) The table of sections at the beginning of chapter 807 of title 10, United States Code, is amended by adding at the end thereof the following new item: "8081, Assistant Surgeon General for Dental Services.". CEILING FOR PAYMENTS TO PHYSICIANS UNDER

^^'

>

,•

10 USC 1086. Supra. 10 USC 1079 "ote-

CHAMPUS

SEC. 806. (a)(1) Section 1079 of title 10, United States Code, is amended by adding at the end thereof the following new subsection: "(h) Payment of a charge for physician services for which a claim is submitted under a plan contracted for under subsection (a) may be denied because the charge is in excess of a predetermined charge level based upon customary charges made for similar services in the same locality only to the extent that such charge is in excess of the charge level that, on the basis of statistical data and methodology acceptable to the Secretary of Defense, in consultation with the Secretary of Health, Education, and Welfare, is equivalent to the 90th percentile of the customary charges made for similar services in the same locality during the last preceding calendar year elapsing before the start of the twelve-month period (beginning July 1 of each year) in which the claim for the payment is submitted.". (2) Section 1086 of such title is amended by adding at the end thereof the following new subsection: "(f) The provisions of section 1079(h) of this title shall apply to payments for physician services under a plan contracted for under subsection (a).. (b) The amendments made by subsection (a) shall apply with respect to claims submitted for payment for services provided on or after the first day of the first calendar year beginning after the date of enactment of this Act. MARINE CORPS COMMANDANT

MEMBER OF JOINT CHIEFS OF STAFF

SEC. 807. Section 141 of title 10, United States Code, is amended by— (1) striking out "and" at the end of subsection (a)(3);

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(2) striking out the period at the end of subsection (a)(4) and inserting in heu thereof a semicolon and the word "and"; (3) adding after subsection (a)(4) a new clause (5) as follows: " (5) the Commandant of the Marine Corps."; (4) striking out subsection (c); and (5) redesignating subsections (d) and (e) as subsections (c) and (d), respectively. ASSIGNMENT OF WOMEN TO NAVAL VESSELS

SEC. 808. The last sentence of section 6015 of title 10, United States Code, relating to restrictions on the assignment of women members of the Navy, is amended to read as follows: "However, women may not be assigned to duty on vessels or in aircraft that are engaged in combat missions nor may they be assigned to other than temporary duty on vessels of the Navy except hospital ships, transports, and vessels of a similar classification not expected to be assigned combat missions.". MILITARY TRAINING FOR FEMALE UNDERGRADUATES AT MILITARY C0IXEGE8

SEC, 809. (a) The Secretary of Defense shall require that any col- 10 USC 2102 lege or university designated by the Secretary of Defense as a military note. college shall, as a condition of maintaining such designation, provide that qualified female undergraduate students enrolled in such college or university be eligible to participate in military training at such college or university, but, notwithstanding any other provision of law, the Secretary of Defense may not require that, as a condition of maintaining such designation or for any other purpose, such college or university require female undergraduate students enrolled in such college or university to participate in military training. (b) The Secretary of Defense shall prescribe such regulations as the Regulations Secretary determines necessary or appropriate to carry out the provisions of this section. NAVY SHIPBUILDING POLICY

SEC. 810. (a) It is the policy of the United States to modernize the 10 USC 7291 combatant forces of the United States Navy through the construction note. of advanced, versatile, survivable, and cost-effective combatant ships in sufficient numbers and having sufficient combat effectiveness to defend the United States against enemy attack and to carry out such other missions as may be assigned to the Navy by law. In order to Plans and achieve such policy, the Navy should develop plans and programs programs. for the construction and deployment of weapon systems, including naval aviation platforms, that are more survivable, less costly, and more effective than those presently in the Navy. (b) In order that the Congress may be kept currently informed Presidential regarding compliance with the policy expressed in subsection (a), the conclusions and President shall include in all requests made to the Congress for the recommendauthorization of any ship for the combatant forces, including any air- tions. craft carrier, (1) his conclusions with respect to the survivability, cost effectiveness, and combat effectiveness of such ship, (2) a recommendation whether such ship should be nuclear or conventionally powered, and (3) the reasons for such conclusions and recommendations. (c) Title VIII of the Department of Defense Appropriation Repeal. Authorization Act, 1975 (88 Stat. 408), is repealed. 10 USC 7291 note.

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PUBLIC LAW 95-485—OCT. 20, 1978 CARRIER SERVICE L I F E EXTENSION PROGRAM AND DDG-2

DESTROYER

CONVERSION

10 USC 7291 "*^'

Study.

Report to congressional committees.

SEC. 811. (a) Notwithstanding any other provision of law and except as provided in subsection (b), the Secretary of the Navy may not take any action with respect to the use of either public shipyards or private shipyards for conversion, overhaul, or repair work under the Service Life Extension Program (SLEP) or under the program for the modernization of DDG-2 class guided missile destroyers, or for the employment of additional personnel for, or the transfer of additional personnel to, any public shipyard as a part of the necessary buildup of manpower for carrying out either such program, until— (1) the Secretary of the Navy conducts a comprehensive leastcost approach study (A) comparing the costs of carrying out such programs at public shipyards with the costs of carrying out such programs at private shipyards, and (B) evaluating such other factors as the Secretary of the Navy considers should be taken into account in assigning work in connection with the conversion, overhaul, repair, or modernization of vessels to public or private shipyards; (2) a written report containing the results of such study is submitted, after the date of the enactment of this Act, to the Committees on Armed Services and on Appropriations of the Senate and the House of Representatives; and (3) a period of sixty days of continuous session of congress expires following the date on which such report is submitted to such committees. (b) Nothing in this section shall prevent the Navy from conducting advanced planning or purchasing long lead items in connection with either program described in subsection (a) so long as such planning or purchasing is not related to the performance of work in connection with either such program at any particular shipyard. (c) For purposes of subsection (a)(3), the continuity of a session of Congress is broken only by an adjournment of the Congress sine die, and days on which either House is not in session because of an adjournment of more than three days to a day certain are excluded in the computation of such sixty-day period. S E A - B A S E D AIRCRAFT PLATFORM STUDY FUNDS

SEC. 812. The unobligated balance of $40,000,000 authorized to be appropriated in section 201 of the Department of Defense Appropriation Authorization Act, 1978 (Public Law 95-79; 91 Stat. 323), for conducting comprehensive evaluation studies of sea-based aircraft platforms shall after the date of the enactment of this Act be available and primarily applied toward performing any design work related to any such sea-based aircraft platform authorized by this Act. CERTIFICATION OF CLAIMS

10 USC 2304 "ote. 50 USC 1431.

SEC. 813. Notwithstanding any other provision of law, none of the funds authorized to be appropriated for the Department of Defense by this or any other Act shall be used for the purpose of paying any contract claim, request for equitable adjustment to contract terms, request for relief under Public Law 85-804, or other similar request, which exceeds $100,000 unless a senior company official in charge at the plant or location involved has certified at the time of submission

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of such contract claim, request for equitable adjustment to contract terms, request for relief under Public Law 85-804, or other similar 50 USC 1431. request, that such claim or request is made in good faith and that the supporting data are accurate and complete to the best of such official's knowledge and belief. The requirements of this section shall not apply to claims, requests for equitable adjustment to contract terms, requests for relief under Public Law 85-804, or other similar requests submitted before the date of enactment of this Act. RESTRICTION

ON CONTRACTING

OUT COMMERCIAL

AND INDUSTRIAL

TYPE FUNCTIONS

SEC 814. (a) The Secretary of Defense shall submit a report to Report to the Committees on Armed Services of the Senate and House of congressional Representatives providing the details of any proposed change in committees. policy or regulations, from those in effect before June 30, 1976, regard- 10 USC 2304 note. ing the determination of whether commercial or industrial type functions at Department of Defense installations located in any State, the District of Columbia, the Commonwealth of Puerto Rico, and Guam should be performed by Department of Defense personnel or by private contractors during the period beginning on October 1, 1978, and ending on September 30, 1979. (b) No commercial or industrial type function at any Department of Defense installation referred to in subsection (a) shall be performed by private contractors unless such contractor performance began before the date of the enactment of this Act or performance would have been allowed by the policy and regulations in effect before June 30, 1976. The prohibition in the preceding sentence shall apply until the end of the sixty-day period beginning on the date the report required by subsection (a) is received by the Committees on Armed Services of the Senate and House of Representatives. PROHIBITION ON SALE OF CERTAIN DEFENSE ARTICLES FROM DEPARTMENT OF DEFENSE STOCKS

SEC. 815. (a) Chapter 49 of title 10, United States Code, is amended by adding at the end thereof the following new section: "§ 975. Prohibition on the sale of certain defense articles from the 10 USC 975 stocks of the Department of Defense "(a)(1) Except as provided in subsections (b) and (c), the sale outside the Department of Defense of any defense article designated or otherwise classified as Prepositioned Material Configured to Unit Sets, as decrement stock, or as Prepositioned War Reserve Stocks for United States Forces is prohibited. "(2) In this section, 'decrement stock' means such stock as is needed "Decrement to bring the armed forces from a peacetime level of readiness to a stock." combat level of readiness. "(b) The President may authorize the sale outside the Department of Defense of a defense article described in subsection (a) if— "(1) he determines that there is an international crisis affecting the national security of the United States and the sale of such article is in the best interests of the United States; and " (2) he reports to the Congress not later than 60 days after the Report to transfer of such article a plan for the prompt replenishment of Congress. the stocks of such article and the planned budget request to begin implementation of that plan.

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PUBLIC LAW 95-485—OCT. 20, 1978 ' "(c)(1) Nothing in this section shall preclude the sale of stocks which have been designated for replacement, substitution, or elimination or which have been designated for sale to provide funds to procure higher priority stocks. "(2) Nothing in this section shall preclude the transfer or sale of equipment to other members of the North Atlantic Treaty Organization.". (b) The table of sections at the beginning of chapter 49 of title 10, United States Code, is amended by adding at the end thereof the following new item:

"975. Prohibition on the sale of certain defense articles from the stocks of the Department of Defense.". ASSISTANCE TO 1980 OLYMPIC WINTER GAMES

SEC. 816. (a) Notwithstanding any other provision of law, the Secretary of Defense is authorized— (1) to provide logistical support and personnel services to the X III Olympic winter games 5 (2) to lend and provide equipment to officials of the Lake Placid Olympic Organizing Committee; and (3) to provide such other services as the Lake Placid Olympic 5 Organizing Committee may consider necessary and the Secretary may consider advisable, (b) There is authorized to be appropriated to the Secretary of Defense for fiscal year 1979 an amount not to exceed $2,000,000 for the purpose of carrying out subsection (a). No funds may be obligated or expended for such purpose unless specifically appropriated for such purpose. REALIGNMENT OF MILITARY INSTALLATIONS I N THE CANAL ZONE

.,^

,

SEC. 817. None of the funds authorized to be appropriated by this Act shall be used for the realignment of any military installation in the Canal Zone unless such use is consistent with the responsibility of, and necessity for, the United States to defend the Panama Canal or with legislation which may be enacted to implement the Pamana Canal Treaties of 1977. TECHNICAL AMENDMENT RELATING TO THE LIMITATION ON NUMBER OF ADMIRALS AND VICE ADMIRALS I N THE NAVY AND GENERALS AND L I E U T E N A N T GENERALS I N THE MARINE CORPS

10 USC 5232.

SEC. 818. (a) The first sentence of section 5231(b) of title 10, United States Code, is amended by striking out "the active list of the Navy" and inserting in lieu thereof "active duty". (b) Section 5232(b) of such title is amended by striking out "the active list of the Marine Corps" and inserting in lieu thereof "active duty". COMMISSARY BAGGERS

29 USC 203 note. 29 USC 201.

SEC. 819. Notwithstanding any other provision of law, an individual who performs bagger or carryout service for patrons of a commissary of a military department may not be considered to be an employee for purposes of the Fair Labor Standards Act of 1938 by virtue of such service if the sole compensation of such individual for such service is derived from tips.

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