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Page:United States Statutes at Large Volume 92 Part 1.djvu/884

 92 STAT. 830

PUBLIC LAW 95-396—SEPT. 30, 1978 (2) adding at the end thereof new subsections (d), (e), (f), and (g) as follows: "(d) LIMITATIONS.—

Information, availability to P"^lic-

7 USC 136a.

• \ ': •.

•

"(1) All information concerning the objectives, methodology, results, or significance of any test or experiment performed on or with a registered or previously registered pesticide or its separate ingredients, impurities, or degradation products, and any information concerning the effects of such pesticide on any organism or the behavior of such pesticide in the environment, including, but not limited to, data on safety to fish and wildlife, humans and other mammals, plants, animals, and soil, and studies on persistence, translocation and fate in the environment, and metabolism, shall be available for disclosure to the public: Provided, That the use of such data for any registration purpose shall be governed by section 3 of this Act: Provided further, That this paragraph does not authorize the disclosure of any information that— "(A) discloses manufacturing or quality control processes, "(B) discloses the details of any methods for testing, detecting, or measuring the quantity of any ddiberately added inert ingredient of a pesticide, or "(C) discloses the identity or percentage quantity of any deliberately added inert ingredient of a pesticide, unless the Administrator has first determined that disclosure is necessary to protect against an unreasonable risk of injury to health or the environment. "(2) Information concerning production, distribution, sale, or inventories of a pesticide that is otherwise entitled to confidential treatment under subsection (b) of this section may be publicly disclosed in connection with a public proceeding to determine whether a pesticide, or any ingredient of a pesticide, causes unreasonable adverse effects on health or the environment, if the Administrator determines that such disclosure is necessary in the public interest. "(3) If the Administrator proposes to disclose information described in clause (A), (B), or (C) of paragraph (1) or in paragraph (2) of this subsection, the Administrator shall notify by certified mail the submitter of such information of the intent to release such information. The Administrator may not release such information, without the submitter's consent, until thirty days after the submitter has been furnished such notice: Provided, That where the Administrator finds that disclosure of information described in clause (A), (B), or (C) of paragraph (1) of this subsection is necessary to avoid or lessen an imminent and substantial risk of injury to the public health, the Administrator may set such shorter period of notice (but not less than ten days) and such method of notice as the Administrator finds appropriate. During such period the data submitter may institute

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Page:United States Statutes at Large Volume 92 Part 1.djvu/885

 PUBLIC LAW 95-396—SEPT. 30, 1978 an action in an appropriate district court to enjoin or limit the proposed disclosure. The court shall give expedited consideration to any such action. The court may enjoin disclosure, or limit the disclosure or the parties to whom disclosure shall be made, to the extent that— "(A) in the case of information described m clause (A), (B), or (C) of paragraph (1) of this subsection, the proposed disclosure is not required to rotect against an unreasonable risk of injury to ealth or the environment; or "(B) in the case of information described in paragraph (2) of this subsection, the public interest in availability of the information in the public proceeding does not outweigh the interests in preserving the confidentiality of the information.

E

"(e) DISCLOSURE TO CONTRACTORS.—Information otherwise

protected from disclosure to the public under subsection (b) of this section may be disclosed to contractors with the United States and employees of such contractors if, in the opinion of the Administrator, such disclosure is necessary for the satisfactory performance by the contractor of a contract with the United States for the performance of work in connection with this Act and under such conditions as the Administrator may specify. The Administrator shall require as a condition to the disclosure of information under this subsection that the person receiving it take such security precautions respecting the information as the Administrator shall by regulation prescribe. "(f)

PENALTY FOR DISCLOSURE BY FEDERAL EMPLOYEES.—

(1) Any officer or employee of the United States or former officer or employee of the United States who, by virtue of such employment or official position, has obtained possession of, or has access to, material the disclosure of which is prohibited by subsection (b) of this section, and who, knowing that disclosure of such material is prohibited by such subsection, willfully discloses the material in any manner to any person not entitled to receive it, shall be fined not more than $10,000 or imprisoned for not more than one year, or both. Section 1905 of title 18 of the United States Code shall not apply with respect to the publishing, divulging, disclosure, or making known of, or making available, information reported or otherwise obtained under this Act. Nothing in this Act shall preempt any civil remedy under State or Federal law for wrongful disclosure of trade secrets. "(2) For the purposes of this section, any contractor with the United States who is furnished information as authorized by subsection (e) of this section, or any employee of any such contractor, shall be considered to be an employee of the United States. "(g)

DISCLOSURE TO FOREIGN AND MULTINATIONAL PESTI-

CIDE PRODUCERS.—(1) The Administrator shall not knowingly disclose information submitted by an applicant or registrant under this Act to any employee or agent of any business or other entity engaged in the production, sale, or

92 STAT. 831

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Page:United States Statutes at Large Volume 92 Part 1.djvu/886

 92 STAT. 832

Records.

PUBLIC LAW 95-396—SEPT. 30, 1978 distribution of pesticides in countries other than the United States or in addition to the United States or to any other person who intends to deliver such data to such foreign or multinational business or entity unless the applicant or registrant has consented to such disclosure. The Administrator shall require an affirmation from any person who intends to inspect data that such person does not seek access to the data for purposes of delivering it or offering it for sale to any such business or entity or its agents or employees and will not purposefully deliver or negligently cause the data to be delivered to such business or entity or its agents or employees. Notwithstanding any other provision of this subsection, the Administrator may disclose information to any person in connection with a public proceeding under law or regulation, subject to restrictions on the availability of information contained elsewhere in this Act^ which information is relevant to a determination by the Administrator with respect to whether a pesticide, or any ingredient of a pesticide, causes unreasonable adverse effects on health or the environment. "(2) The Administrator shall maintain records of the names of persons to whom data are disclosed under this subsection and the persons or organizations they represent and shall inform the applicant or registrant of the names and affiliations of such persons. "(3) Section 1001 of title 18 of the United States Code shall apply to any affirmation made under paragraph (1) of this subsection.". EXEMPTION FROM THE UNLAWFUL ACTS PROVISION

7 USC 136j.

SEC. 16. Section 12(a)(2) of the Federal Insecticide, Fungicide, and Eodenticide Act is amended by inserting immediately before the semicolon at the end of subparagraph (F) the following: ": Provided, That it shall not be unlawful to sell, under regulations issued by the Administrator, a restricted use pesticide to a person who is not a certified applicator for application by a certified applicator". CIVIL PENALTIES FOR CERTAIN APPLICATORS; PROCEDURE FOR DETERMINING THE AMOUNT OF CIVIL PENALTIES

7 USC 136/.

SEC. 17. Section 14(a) of the Federal Insecticide, Fungicide, and Eodenticide Act is amended by— (1) inserting immediately before the period at the end of paragraph (2) the following: ": Provided, That any applicator not included under paragraph (1) of this subsection who holds or applies registered pesticides, or use dilutions of registered pesticides, only to provide a service of controlling pests without delivering any unapplied pesticide to any person so served, and who violates any provision of this Act may be assessed a civil penalty by the Administrator of not more than $500 for the first offense nor more than $1,000 for each subsequent offense"; (2) striking out the last sentence in paragraph (3); (3) redesignating paragraph (4) as paragraph (5); and (4) inserting after paragraph (3) a new paragraph (4) as follows:

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Page:United States Statutes at Large Volume 92 Part 1.djvu/887

 PUBLIC LAW 95-396—SEPT. 30, 1978

92 STAT. 833

" (4) DETERMINATION OF PENALTY.—In determining the amount of the penalty, the Administrator shall consider the appropriateness of such penalty to the size of the business of the person charged, the effect on the person's ability to continue in business, and the gravity of the violation. Whenever the Administrator finds that the violation occurred despite the exercise of due care or did not cause significant harm to health or the environment, the Administrator may issue a warning in lieu of assessing a penalty.". PESTICIDES AND DEVICES INTENDED FOR EXPORT

SEC. 18. (a) Section 17 of the Federal Insecticide, Fungicide, and Bodenticide Act is amended by— 7 USC 136o. (1) amending subsection (a) to read as follows: "(a)

PESTICIDES AND DEVICES INTENDED FOR EXPORT.—Notwith-

standing any other provision of this Act, no pesticide or device or active ingredient used in producing a pesticide intended solely for export to any foreign country shall be deemed in violation of this Act— "(1) when prepared or packed according to the specifications or directions of the foreign purchaser, except that producers of such pesticides and devices and active ingredients used in producing pesticides shall be subject to sections 2 (p), 2(q)(1)(A), (C), (D), (E), (G), and (H), 2(q)(2) (A), (B), (C)(i) and (iii), and (D), 7, and 8 of this Act; and "(2) in the case of any pesticide other than a pesticide registered under section 3 or sold under section 6(a)(1) of ' this Act, if, prior to export, the foreign purchaser has signed a statement acknowledging that the purchaser understands that such pesticide is not registered for use in the United States and cannot be sold in the United States under this Act. A copy of that statement shall be transmitted to an appropriate official of the government of the importing country."; and (2) adding at the end of subsection (b) the following: "Such notification shall, upon request, include all information related to the cancellation or suspension of the re^stration of the pesticide and information concerning other pesticides that are registered under section 3 of this Act and that could be used in lieu of such pesticide.", (b) The amendment made by subsection (a)(1) of this section shall become effective one hundred and eighty days after the date of enactment of this Act.

7 USC 136,136e, 136f. 7 USC 136a, 136d.

Notification,

Effective date. 7 USC 136o note.

DISPOSAL OF P E S T I C I D E S

SEC. 19. Section 19 of the Federal Insecticide, Fungicide, and Bodenticide Act is amended by adding at the end thereof a new sub- 7 USC 136q. section (c) as follows: "(c) PROVISIONS FOR UNUSED QUANTITIES.—Notification of cancellation of any pesticide shall include specific provisions for the disposal of the unused quantities of such pesticide.".

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Page:United States Statutes at Large Volume 92 Part 1.djvu/888

 92 STAT. 834

PUBLIC LAW 95-396—SEPT. 30, 1978 RESEARCH AND MONITORING ACTIVITIES

7 USC 136r.

SEC. 20. Section 20 of the Federal Insecticide, Fungicide, and Kodenticide Act is amended by— (1) in the first sentence of subsection (a), striking out all after the phrase "and he shall" down through the end of the sentence and inserting in lieu thereof the following: "conduct research into integrated pest management in coordination with the Secretary of Agriculture."; and (2) amending subsection (c) to read as follows: "(c) MONITORING.—The Administrator shall undertake such monitoring activities, including, but not limited to monitoring in air, soil, water, man, plants, and animals, as may be necessary for the implementation of this Act and of the national pesticide monitoring plan. The Administrator shall establish procedures for the monitoring of man and animals and their environment for incidential pesticide exposure, including, but not limited to, the quantification of incidental human and environmental pesticide pollution and the secular trends thereof, and identification of the sources of contamination and their relationship to human and environmental effects. Such activities shall be carried out in cooperation with other Federal, State, and local agencies.". STATE COOPERATION, AID, AND TRAINING

7 USC 136u.

SEC. 21. Section 23 of the Federal Insecticide, Fungicide, and Rodenticide Act is amended to read as follows: "SEC. 23. STATE COOPERATION, AID, AND TRAINING. "(a) COOPERATIVE AGREEMENTS.—The Administrator

may enter into cooperative agreements with States and Indian tribes— "(1) to delegate to any State or Indian tribe the authority to cooperate in the enforcement of this Act through the use of its personnel or facilities, to train personnel of the State or Indian tribe to cooperate in the enforcement of this Act, and to assist States and Indian tribes in implementing cooperative enforcement programs through grants-in-aid; and "(2) to assist States in developing and administering State programs, and Indian tribes that enter into cooperative agreements, to train and certify applicators consistent with the standards the Administrator prescribes. Effective with the fiscal year beginning October 1, 1978, there are authorized to be appropriated annually such funds as may be necessary for the Administrator to provide through cooperative agreements an amount equal to 50 percent of the anticipated cost to each State or Indian tribe, as agreed to under such cooperative agreements, of conducting training and certification programs during such fiscal year. If funds sufficient to pay 50 percent of the costs for any year are not appropriated, the share of each State and Indian tribe shall be reduced in a like proportion in allocating available funds. "(b) CONTRACTS FOR TRAINING.—In addition, the Administrator may enter into contracts with Federal, State, or Indian tribal agencies for the purpose of encouraging the training of certified applicators.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/889

 PUBLIC LAW 95-396—SEPT. 30, 1978 "(c)

92 STAT. 835

INFORMATION AND EDUCATION.—The Administrator shall, in

cooperation with the Secretary of Agriculture, use the services of the cooperative State extension services to inform and educate pesticide users about accepted uses and other regulations made under this Act.". PESTICIDES FOR M U L A T E D FOR DISTRIBUTION AND USE W I T H I N A STATE

SEC. 22. Section 24 of the Federal Insecticide, Fungicide, and Eodenticide Act is amended to read as follows: 7 USC 136v. "SEC. 24. AUTHORITY OF STATES. "(a) A State may regulate the sale or use of any federally registered pesticide or device in the State, but only if and to the extent the regulation does not permit any sale or use prohibited by this Act. "(b) Such State shall not impose or continue in effect any requirements for labeling or packaging in addition to or different from those required under this Act. (c)(1) A State may provide registration for additional uses of federally registered pesticides formulated for distribution and use within that State to meet special local needs in accord with the purposes of this Act and if registration for such use has not previously been denied, disapproved, or canceled by the Administrator. Such registration shall be deemed registration under section 3 for all pur- 7 USC 136a. poses of this Act, but shall authorize distribution and use only within such State. " (2) A registration issued by a State under this subsection shall not be effective for more than ninety days if disapproved by the Administrator within that period. Prior to disapproval, the Administrator shall, except as provided in paragraph (3) of this subsection, advise the State of the Administrator's intention to disapprove and the reasons therefor, and provide the State time to respond. The Administrator shall not prohibit or disapprove a registration issued by a State under this subsection (A) on the basis of lack of essentiality of a pesticide or (B) except as provided in paragraph (3) of this subsection, if its composition and use patterns are similar to those of a federally registered pesticide. "(3) In no instance may a State issue a registration for a food or feed use unless there exists a tolerance or exemption under the Federal Food, Drug, and Cosmetic Act that permits the residues of the pesti- 21 USC 301. cide on the food or feed. If the Administrator determines that a registration issued by a State is inconsistent with the Federal Food, Drug, and Cosmetic Act, or the use of, a pesticide under a registration issued by a State constitutes an imminent hazard, the Administrator may immediately disapprove the registration. "(4) If the Administrator finds, in accordance with standards set forth in regulations issued under section 25 of this Act, that a State Post, p. 836. is not capable of exercising adequate controls to assure that State registration under this section will be in accord with the purposes of this Act or has failed to exercise adequate controls, the Administrator may suspend the authority of the State to register pesticides until such time as the Administrator is satisfied that the State can and will exercise adequate controls. Prior to any such suspension, the Administrator shall advise the State of the Administrator's intention to suspend and the reasons therefor and provide the State time to respond.".

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Page:United States Statutes at Large Volume 92 Part 1.djvu/890

 92 STAT. 836

PUBLIC LAW 95-396—SEPT. 30, 1978 AXJTHORITY OP ADMINISTRATOR—REGULATIONS; SCIENTIFIC ADVISORY PANEL

7 USC 136w.

Publication in Federal Register.

Publication in Federal Register.

Advisory panel, termination.

42 USC 4365.

SEC. 23. Section 25 of the Federal Insecticide, Fungicide, and Rodenticide Act is amended by— (1) in subsection (a)(1), striking out the period at the end of the second sentence and adding the following: "and differences in environmental risk and the appropriate data for evaluating such risk between agricultural and nonagricultural pesticides."; (2) adding at the end of subsection (a)(2)(B), the following: "In taking any final action under this subsection, the Administrator shall include among those factors to be taken into account the effect of the regulation on production and prices of agricultural commodities, retail food prices, and otherwise on the agricultural economy, and the Administrator shall publish in the Federal Register an analysis of such effect."; (3) in subsection (d), striking out the third sentence and inserting in lieu thereof the following: "The Administrator shall also solicit from the advisory panel comments, evaluations, and recommendations for operating guidelines to improve the effectiveness and quality of scientific analyses made by personnel of the Environmental Protection Agency that lead to decisions by the Administrator in carrying out the provisions of this Act. The comments, evaluations, and recommendations of the advisory panel and the response of the Administrator shall be published in the Federal Register in the same manner as provided for publication of the comments of the Secretary of Agriculture under such sections. The chairman of the advisory panel, after consultation with the Administrator, may create temporary subpanels on specific projects to assist the full advisory panel in expediting and preparing its evaluations, comments, and recommendations."; and (4) adding at the end of subsection (d) the following: "The advisory panel established under this subsection shall terminate September 30, 1981. In performing the functions assigned by this Act, the panel shall consult and coordinate its activities with the Science Advisory Board established under the Environmental Research, Development, and Demonstration Authorization Act of 1978.". STATE ENFORCEMENT; IDENTIFICATION OF PESTS; COOPERATION WITH DEPARTIVIENT OF A G R I C U I, T U R E ' S PROGRAM; A N N U A L REPORT

7 USC 136x, 136y, 7 USC 136W-1.

SEC 24. The Federal Insecticide, Fungicide, and Rodenticide Act is amended by— (1) redesignating sections 26 (severability) and 27 (authorization for appropriations) as sections 30 and 31, respectively; and (2) inserting after section 25 new sections 26 through 29 as follows: "SEC. 26. STATE PRIMARY ENFORCEMENT RESPONSIBILITY.

"(a) For the purposes of this Act, a State shall have primary enforcement responsibility for pesticide use violations during any period for which the Administrator determines that such State— "(1) has adopted adec^uate pesticide use laws and regulations; Provided, That the Administrator may not require a State to have pesticide use laws that are more stringent than this Act;

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Page:United States Statutes at Large Volume 92 Part 1.djvu/891

 PUBLIC LAW 95-396—SEPT. 30, 1978 "(2) has adopted and is implementing adequate procedures for the enforcement of such State laws and regulations; and " (3) will keep such records and make such reports showing compliance with paragraphs (1) and (2) of this subsection as the Administrator may require by regulation. "(b) Notwithstanding the provisions of subsection (a) of this section, any State that enters into a cooperative agreement with the Administrator under section 23 of this Act for the enforcement of pesticide use restrictions shall have the primary enforcement responsibility for pesticide use violations. Any State that has a plan approved by the Administrator in accordance with the requirements of section 4 of this Act that the Administrator determines meets the criteria set out in subsection (a) of this section shall have the primary enforcement responsibility for pesticide use violations. The Administrator shall make such determinations with respect to State plans under section 4 of this Act in effect on the date of enactment of the Federal Pesticide Act of 1978 not later than six months after that date. "(c) The Administrator shall have primary enforcement responsibility for those States that do not have primary enforcement responsibility under this Act. Notwithstanding the provisions of section 2(e) (1) of this Act, during any period when the Administrator has such enforcement responsibility, section 8(b) of this Act shall apply to the books and records of commercial applicators and to any applicator who holds or applies pesticides, or use dilutions of pesticides, only to provide a service of controlling pests without delivering any unapplied pesticide to any person so served, and section 9.(a) of this Act shall apply to the establishment or other place where pesticides or devices are held for application by such persons with respect to pesticides or devices held for such application. "SEC. 27. FAILURE BY THE STATE TO ASSURE ENFORCEMENT OF STATE PESTICIDE USE REGULATIONS. "(a) Upon receipt of any complaint or other information alleging or indicating a si^ificant violation of the pesticide use provisions of this Act, the Administrator shall refer the matter to the appropriate State officials for their investigation of the matter consistent with the requirements of this Act. If, within thirty days, the State has not commenced appropriate enforcement action, the Administrator may act upon the complaint or information to the extent authorized under this Act. "(b) Whenever the Administrator determines that a State having primary enforcement responsibility for pesticide use violations is not carrying out (or cannot carry out due to the lack of adequate legal authority) such responsibility, the Administrator shall notify the State. Such notice shall specify those aspects of the administration of the State program that are determined to be inadequate. The State shall have ninety days after receipt of the notice to correct any deficiencies. If after that time the Administrator determines that the State program remains inadequate, the Administrator may rescind, in whole or in part, the State's primary enforcement responsibility for pesticide use violations. "(c) Neither section 26 of this Act nor this section shall limit the authority of the Administrator to enforce this Act, where the Administrator determines that emergency conditions exist that require immediate action on the part of the Administrator and the State authority is unwilling or unable adequately to respond to the emergency.

92 STAT. 837

Ante, p. 834.

7 USC 136b.

Ante, p. 819.

7 USC 136. Ante, p. 829.

7 USC 136g.

7 USC 136w-2.

'

Ante, p. 836.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/892

 92 STAT. 838 7 USC 136w-3.

7 USC 136W-4.

Ante, p. 825.

PUBLIC LAW 95-396—SEPT. 30, 1978 "SEC. 28. IDENTIFICATION OF PESTS; COOPERATION WITH DEPARTMENT OF AGRICULTURE'S PROGRAM. "The Administrator, in coordination with the Secretary of Agriculture, shall identify those pests that must be brought under control. The Administrator shall also coordinate and cooperate with the Secretary of Agriculture's research and implementation programs to develop and improve the safe use and effectiveness of chemical, biological, and alternative methods to combat and control pests that reduce the quality and economical production and distribution of Agricultural products to domestic and foreign consumers. "SEC. 29. ANNUAL REPORT. "The Administrator shall submit an annual report to Congress before February 16 of each year and the first report shall be due February 15, 1979. The report shall include the total number of applications for conditional registration under sections 3(c)(7)(B) and 3(c)(7)(C) of this Act that were filed during the immediately preceding fiscal year, and, with respect to those applications approved, the Administrator shall report the Administrator's findings in each case, the conditions imposed and any modification of such conditions in each case, and the quantities produced of such pesticides.". AUTHORIZATION OF APPROPRIATIONS

SEC. 25. Section 31 of the Federal Insecticide, Fungicide, and Eodenticide Act, as redesignated by section 24 of this Act, is amended by striking out "and for the period beginning October 1, 1976, and ending March 31, 1977, the sum of $23,600,000", and inserting in lieu thereof the following: "and for the period beginning October 1, 1976, and ending September 30, 1977, the sum of $46,636,000, and for the period beginning October 1, 1977, and ending September 30, 1978, the sum of $54,500,000, and for the period beginning October 1, 1978, and ending September 30, 1979, such sums as may be necessary, but not in excess of $70,000,000".

7 USC 136y.

KEVISION OF FIFRA TABLE OF CONTENTS

SEC. 26. Section 1(b) of the Federal Insecticide, Fungicide, and Rodenticide Act is amended to read as follows:

86 Stat. 973.

"(b)

-

TABLE OF CONTENTS.—

"Section 1. Short title and table of contents. " " (a) Short title. " (b) Table of contents. "Sec. 2. Definitions. " (a) Active ingredient. " (b) Administrator. "(c) Adulterated. " (d) Animal. " (e) Certified applicator, etc. "(1) Certified applicator. "(2) Private applicator. "(3) Commercial applicator. " (4) Under the direct supervision of a certified applicator. "(f) Defoliant. " (g) Desiccant. " (h) Device, " (i) District court, " (j) Environment, " (k) Fungus.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/893

 PUBLIC LAW 95-396—SEPT. 30, 1978 "(1) "(m) "(n) "(o) "(p)

"Sec, ,

3. ,

"Sec.

4.

"Sec.

5.

"Sec.

6.

Imminent hazard, Inert ingredient, Ingredient statement Insect. Label and labeling. "(1) Label. "(2) Labeling, "(q) Misbranded. " (r) Nematode. " (s) Person, " (t) Pest. " (u) Pesticide. " (v) Plant regulator, " (w) Producer and produce. " (x) Protect health and the environment. " (y) Registrant. " (z) Registration, " ( a a) State. "(bb) Unreasonable adverse effects on the environment. "(cc) Weed, " ( d d) Establishment. " (ee) To use any registered pesticide in a manner inconsistent with its labeling. Registration of pesticides, " (a) Requirement. " (b) Exemptions. "(c) Procedure for registration. "(1) Statement required. "(2) Data in support of registration. "(3) Time for acting with respect to application. "(4) Notice of application. " (5) Approval of registration. '"(6) Denial of registration. "(7) Registration under special circumstances. "(8) Interim administrative review. " (d) Classification of pesticides. "(1) Classification for general use, restricted use, or both. "(2) Change in classification. "(3) Change in classification from restricted use to general use. " (e) Products with same formulation and claims. "(f) Miscellaneous. " (1) Effect of change of labeling or formulation. "(2) Registration not a defense. "(3) Authority to consult other Federal agencies. "(g) Reregistration of pesticides. Use of restricted use pesticides; certified applicators, " (a) Certification procedure. "(1) Federal certification. "(2) State certification. " (b) State plans. "(c) Instruction in integrated pest management techniques. Experimental use permits, " (a) Issuance. " (b) Temporary tolerance level. " (c) Use under permit, " (d) Studies. " (e) Revocation. "(f) State issuance of permits. " (g) Exemption for agricultural research agencies. Administrative review; suspension. ' -:: " (a) Cancellation after five years, "(1) Procedure, "(2) Information. " (b) Cancellation and change in classification. "(c) Suspension, "(1) Order, "(2) Expedite hearing.

92 STAT. 839

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Page:United States Statutes at Large Volume 92 Part 1.djvu/894

 92 STAT. 840

PUBLIC LAW 95-396—SEPT. 30, 1978 "(3) Emergency order. "(4) Judicial review. " (d) Public hearings and scientilic review. "(e) Conditional registration. "(f) Judicial review. "Sec. 7. Registration of establishments, " (a) Requirements. "(b) Registration. "(c) Information required. " (d) Confidential records and information. "Sec. 8. Books and records. " (a) Requirement. ,.,' "(b) Inspection. "Sec. 9. Inspection of establishments, etc. " (a) In general. "(b) Warrants. "(c) Enforcement. " (1) Certification of facts to Attorney General. "(2) "Notice not required. "(3) Warning notices. "Sec. 10. Protection of trade secrets and other information. " (a) In general. "(b) Disclosure. "(c) Disputes. " (d) Limitations. " (e) Disclosure to contractors. "(f) Penalty for disclosure by Federal employees. "(g) Disclosure to foreign and multinational pesticide producers. "Sec. 31. Stiindards applicable to pesticide applicators, " (a) In general. " (b) Separate standards. "Sec. 12. Unlawful acts. " (a) In general. "(b) Exemptions. "Sec. 13. Stop sale, use, removal, and seizure. " (a) Stop sale, etc., orders. " (b) Seizure. " (c) Disposition after condemnation. " (d) Court costs, etc. "Sec. 14. Penalties. " (a) Civil penalties. "(1) In general. "(2) Private applicator. .,,^ "(3) Hearing. "(4) Determination of penalty. "(5) References to Attorney General. "(b) Criminal penalties. "(1) In general. "(2) Private applicator. "(3) Disclosure of information. " (4) Acts of officers, agents, etc. "Sec. 15. Indemnities. " (a) Requirement. " (b) Amount of payment., "(1) In general. "(2) Special rule. "Sec. 16. Administrative procedure; judicial review, " (a) District court review. "(b) Review by Court of Appeals. " (c) Jurisdiction of district courts. " (d) Notice of judgments. "Sec. 17. Imports and exports. " (a) Pesticides and devices intended for export. " (b) Cancellation notices furnished to foreign governments. " (c) Importation of pesticides and devices. " (d) Cooperation in international efforts. " (e) Regulations.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/895

 PUBLIC LAW 95-396—SEPT. 30, 1978

92 STAT. 841

"Sec. 18. Exemption of Federal agencies. "Sec. 19. Disposal and transportation. " (a) Procedures. " (b) Advice to Secretary of Transportation. "(c) Provisions for unused quantities. "Sec. 20. Research and monitoring. " (a) Research. " (b) National monitoring plan. " (c) Monitoring. 21. Solicitation of comments; notice of public hearings. "Sec. "Sec. 22. Delegation and cooperation. " (a) Delegation. " (b) Cooperation. 'Sec. 23. State cooperation, aid. and training, " (a) Cooperative agreements. " (b) Contracts for training. "(c) Information and education. "Sec. 24. Authority of States. "Sec. 25. Authority of Administrator. " (a)(1) Regulations. "(2) Procedure. "(3) Congressional committees. " (b) Exemption of pesticides. " (c) Other authority. " (d) Scientific advisory panel. "Sec. 26. State primary enforcement responsibility. "Sec. 27. Failure by the State to assure enforcement of State pesticide use regulations. 'Sec. 28. Identification of pests; cooperation vpith Department of Agriculture's program. 'Sec. 29. Annual report. 'Sec. 30. Severability. •Sec. 31. Authorization for appropriations.' STUDIES

SEC. 27. (a) The Administrator of the Environmental Protection 7 USC isew-i Agency shall perform a study examining the feasibility of assessing note. and collecting fees from persons applying to register, or amend the registration of, pesticides to cover the costs incurred by the Environmental Protection Agency in processing such applications under the provisions of the Federal Insecticide, Fungicide, and Rodenticide Act. The Administrator shall complete this study and submit a report set- Report to ting forth the findings of the study and recommendations for the congressional implementation of these findings to the Senate Committee on Agricul- committees. ture, Nutrition, and Forestry and the House Committee on Agriculture, not later than nine months after the date of enactment of this Act. (b) The Administrator, in cooperation with the Secretary of Agriculture, and after consultation with appropriate State officials, shall review available scientific information dealing with issues involved in the methods of pesticide application, including, but not limited to, the advisability of ultra-low-volume methods of application, and shall recommend to the Senate Committee on Agriculture, Nutrition, and Forestry and the House Committee on Agriculture such changes as the Administrator may deem necessary in existing law relative to provisions of the Act pertaining to the use of a registered pesticide in a manner inconsistent with its labeling. The report shall be submitted as soon as practicable, but not later than six months after the date of enactment of this Act.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/896

 92 STAT. 842

Report to congressional committees.

PUBLIC LAW 95-396—SEPT. 30, 1978 (c) The Administrator shall submit an updated study examining the problems of minor uses of pesticides not specifically permitted by labeling. The Administrator shall complete this study and submit a report setting forth the findings of the study and recommendations for the implementation of these findings to the Senate Committee on Agriculture, Nutrition, and Forestry and the House Committee on Apiculture, not later than nine months after the date of enactment of this Act. EFFECTIVE DATES

7 USC 136 note.

SEC. 28. Section 4 of the Federal Environmental Pesticide Control Act of 1972 is amended by— (1) in subsection (b), striking out the colon immediately after the second "thereunder" and all that follows down through the end of the subsection and substituting in lieu thereof a period; (2) in subsection (c), striking out paragraph (2), and redesignating paragraphs (3), (4), and (5) as (2), (3), and (4), respectively; and (3) in subsection (c)(3)(B), as redesignated, striking out "Within four years after the enactment of this Act each" and inserting in lieu thereof "Each". SHORT TITU3

7 USC 136 note.

SEC. 29. This Act may be cited as the "Federal Pesticide Act of 1978". Approved September 30, 1978.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 95-343 and No. 95-343, Pt. 2, (Comm. on Agriculture) both accompanying H.R. 7073 and No. 95-1560 (Comm. of Conference). SENATE REPORTS: No. 95-334 (Comm. on Agriculture, Nutrition and Forestry) and 95-1188 (Comm. of eonference). CONGRESSIONAL RECORD: Vol. 123 (1977): July 29, considered and passed Senate. Sept. 22, Oct. 3 1, considered and passed House, amended, in lieu of H.R. 7073. Vol. 124 (1978): Sept. 18, Senate agreed to conference report. Sept. 19, House agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS: Vol. 14, No. 40 (1978): Oct. 2, Presidential statement.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/897

 PUBLIC LAW 95-397—SEPT. 30, 1978

92 STAT. 843

Public Law 95-397 95th Congress An Act To amend title 10, United States Code, to make certain changes in the Retired Serviceman's Family Protection Plan and the Survivor Benefit Plan as authorized by chapter 73 of that title, 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 "Uniformed Services Survivors' Benefits Amendments of 1978". TITLE I—ANNUITIES UNDER R E T I R E D SERVICEMAN'S FAMILY PROTECTION PLAN SEC. 101. (a) Section 1434 of title 10, United States Code, is amended— (1) by striking out "or remarries" in subsection (a)(1) and inserting in lieu thereof "or, if the spouse remarries before age 60, when the spouse remarries"; (2) by striking out "or remarriage of that spouse" in subsection (a)(3) and inserting in lieu thereof "of that spouse or the remarriage of that spouse before age 60"; and (3) by adding at the end thereof the following new subsection: "(e) Whenever there is an increase in retired and retainer pay under section 1401a of this title, each annuity that is payable under this subchapter on the day before the effective date of that increase to a spouse or child of a member who died on or before March 20, 1974, shall be increased by the same percentage as the percentage of that increase, effective on the effective date of that increase.". (b) No benefits shall accrue to any person by virtue of the amendments made by subsection (a) for any period prior to the first day of the first calendar month following the month in which this Act is enacted or October 1, 1978, whichever is later. SEC. 102. Each annuity that is payable under subchapter I of chapter 73 of title 10, United States Code, on the day before the date of the enactment of this Act to a spouse or child of a member of the uniformed services who died on or before March 20, 1974, shall be increased effective as of the first day of the first calendar month following the month in which this Act is enacted, or as of October 1, 1978, whichever is later, by the percentage increase in retired and retainer pay under section 1401a of that title since September 21, 1972. TITLE II—ANNUITIES UNDER SURVIVOR B E N E F I T PLAN DEFINITION OF BASE AMOUNT

SEC. 201. Section 1447(2) of title 10, United States Code, is amended to read as follows: " (2) 'Base amount' means— "(A) in the case of a person who dies after becoming entitled to retired or retainer pay, the amount of monthly retired or retainer pay to which the person—

-pt. 1

57: QL3

Sept. 30, 1978 [H.R. 3702]

Uniformed Services Survivors' Benefits Amendments of 1978. 10 USC 1431 note.

Retired and retainer pay, increase. 10 USC 1401a.

10 USC 1434 note.

10 USC 1434 note. 10 USC 1431 et seq.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/898

 92 STAT. 844

PUBLIC LAW 95-397—SEPT. 30, 1978

"(i) was entitled when he became eligible for that pay; or " (ii) later became entitled by being advanced on the retired list, performing active duty, or being transferred from the temporary disability retired list to the permanent disability retired list; "(B) in the case of a person who would have become eligible 10 USC 1331 et for retired pay under chapter 67 of this title but for the fact ^^9that he died before becoming 60 years of age, the amount of monthly retired pay for which the person would have been eligible— " (i) if he had been 60 years of age on the date of his death, for purposes of an annuity to become effective on the day after his death in accordance with a designation made under Infra. ' Section 1448(e) of this title; or , "(ii) upon becoming 60 years of age (if he had lived to that age), for purposes of an annuity to become effective on the 60th anniversary of his birth in accordance with a designation made under section 1448(e) of this title; or "(C) any amount which is less than the amount otherwise applicable under clause (A) or (B) with respect to an annuity provided under the Plan and which is designated by the person providing the annuity on or before (i) the first day for which he becomes eligible for retired or retainer pay^ in the case of a person providing an annuity by virtue of eligibility under secInfTa. tion 1448(a)(1)(A) of this title, or (ii) the end of the 90-day period beginning on the date on which he receives the notificaPost, p. 847. tion required by section 1331(d) of this title that he has completed the years of service required for eligibility for retired pay under chapter 67 of this title, in the case of a person providing an annuity by virtue of eligibility under section 1448(a)(1)(B) of this title, but not less than $300; as increased from time to time under section 1401a of this title.". APPLICATION OF SURVIVOR BENEFIT PLAN

10 USC 1331 et
 * «9-

SEC. 202. (a) Subsection (a) of section 1448 of title 10, United States Code, is amended to read as follows: "(a)(1) The program established by this subchapter shall be known as the Survivor Benefit Plan. The following persons are eligible to participate in the Plan: "(A) Persons entitled to retired or retainer pay. "(B) Persons who would be eligible for retired pay under chapter 67 of this title but for the fact that they are under 60 years of age. "(2) The Plan applies— " (A) to a person who is eligible to participate in the Plan under paragraph (1)(A) and who is married or has a dependent child when he becomes entitled to retired or retainer pay, unless he elects not to participate in the Plan before the first day for which he is eligible for that pay; and "(B) to a person who (i) is eligible to participate in the Plan under paragraph (1)(B), (ii) is married or has a dependent child when he is notified under section 1331(d) of this title that he has completed the years of service required for eliffibility for retired pay under chapter 67 of this title, and (iii) elects to participate

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Page:United States Statutes at Large Volume 92 Part 1.djvu/899

 PUBLIC LAW 95-397—SEPT. 30, 1978

92 STAT. 845

in the Plan (and makes a designation under subsection (e)) before the end of the 90-day period beginning on the date he receives such notification. A person described in subclauses (i) and (ii) of clause (B) who does not elect to participate in the Plan before the end of the 90-day period referred to in such clause shall remain eligible, upon reaching 60 years of age and otherwise becoming entitled to retired pay, to participate in the Plan in accordance with eligibility under paragraph (1)(A). "(o)(A) If a person who is eligible under paragraph (1)(A) to participate in the Plan and who is married elects not to participate in the Plan at the maximum level, or elects to provide an annuity for a dependent child but not for his spouse, that person's spouse shall be notified of that election. "(B) If a person who is eligible under paragraph (1)(B) to participate in the Plan and who is married does not elect to participate in the Plan at the maximum level, or elects to provide an annuity for a dependent child but not for his spouse, that person's spouse shall be notified of that action. "(4)(A) An election under paragraph (2)(A) not to participate in the Plan is irrevocable if not revoked before the date on which the person first becomes entitled to retired or retainer pay. "(B) An election under paragraph (2)(B) to participate in the Plan is irrevocable if not revoked before the end of the 90-day period referred to in such paragraph. "(5) A person who is not married when he becomes eligible to participate in the Plan but who later marries or acquires a dependent child may elect to participate in the Plan, but his election must be written, signed by him, and received by the Secretary concerned within one year after he marries or acquires that dependent child. Such an election may not be revoked. His election is effective as of the first day of the first calendar month following the month in which his election is received by the Secretary concerned. In the case of a person providing an annuity by virtue of eligibility under paragraph (1)(B), such an election shall include a designation under subsection (e).". Infra. (b) Subsection (b) of such section is amended— (1) by striking out "entitled to retired or retainer pay" and inserting in lieu thereof "eligible to participate in the Plan"; and (2) by adding at the end thereof the following new sentence: "In the case of a person providing an annuity under this subsection by virtue of eligibility under subsection (a)(1)(B), such an election shall include a designation under subsection (e).". (c) Such section is further amended by adding at the end thereof the following new subsection: "(e) In any case in which a person electing to participate in the Plan is required to make a designation under this subsection, the person making such election shall designate whether, in the event he dies before becoming 60 years of age, the annuity provided shall become effective on the day after the date of his death or on the 60th anniversary of his birth.". PAYMENT OF A N N U I T Y

SEC. 203. Section 1450 of title 10, United States Code, is amended— (1) by inserting "(or on such other day as he may provide under subsection (]'))" in subsection (a) after "of this title applies" the first place it appears therein; and

>

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Page:United States Statutes at Large Volume 92 Part 1.djvu/900

 92 STAT. 846

Ante, p. 844. Ante, p. 844.

PUBLIC LAW 95-397—SEPT. 30, 1978 (2) by adding at the end thereof the following new subsections: "(j) An annuity elected by any person providing an annuity by virtue of eligibility under section 1448(a)(1)(B) of this title shall be effective in accordance with the designation made by such person under section 1448(e) of this title. "(k) If a widow or widower whose annuity has been adjusted under subsection (c) subsequently loses entitlement to compensation under section 411(a) of title 38 oecause of the remarriage of such widow or widower, and if at the time of such remarriage such widow or widower is 60 years of age or more, the amount of the annuity of such widow or widower shall be readjusted, effective on the effective date of such loss of compensation, to the amount of the annuity which would be in effect with respect to such widow or widower if the adjustment under subsection (c) had never been made, but such readjustment may not be made until the widow or widower repays any amount refunded under subsection (e) by reason of the adjustment under subsection (c).". AMOUNT OF A N N U I T Y

Ante, p. 845. Ante, p. 844.

42 USC 401.

Post, p. 847. Ante, p. 844.

SEC. 204. (a) The first sentence of subsection (a) of section 1451 of title 10, United States Code, is amended to read as follows: "The monthly annuity payable to a widow, widower, or dependent child who is entitled under section 1450(a) of this title to an annuity shall be— "(1) 55 percent of the base amount, if the annuity is provided by virtue of eligibility under section 1448(a)(1)(A) of this title, or "(2) a lesser percentage (determined by the Secretary of Defense in accordance with subsection (d)) of the base amount, if the annuity is provided by virtue of eligibility under section 1448 (a)(1)(B) of this title.". (b) The last sentence of subsection (a) of such section is amended to read as follows: "For the purpose of the preceding sentence, a widow or widower shall not be considered as entitled to a benefit under subchapter II of chapter 7 of title 42 to the extent that such benefit has been offset by deductions under section 403 of title 42 on account of work.". (c) Subsection (b) of such section is amended to read as follows: "(b) The monthly annuity payable under section 1450(a)(4) of this title shall be— "(1) 55 percent of the retired or retainer pay of the person who elected to provide that annuity after the reduction in such pay in accordance with section 1452(c) of this title, if the annuity is provided by virtue of eligibility under section 1448(a)(1)(A) of this title; or "(2) a lesser percentage (determined by the Secretary of Defense in accordance with subsection (d)) of the retired pay of the person who elected to provide that annuity after the reduction in such pay in accordance with section 1452(c) of this title, if the annuity is provided by virtue of eligibility under section 1448(a)(1)(B) of this title. A person who provides an annuity which is determined in accordance with clause (2) and who dies before becoming 60 years of age and is otherwise entitled to retired pay shall be considered to have been entitled to retired pay, for the purpose of such clause, at the time of

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Page:United States Statutes at Large Volume 92 Part 1.djvu/901

 PUBLIC LAW 95-397—SEPT. 30, 1978

92 STAT. 847

his death, and the retired pay of such person for the purpose of such clause shall be computed on the basis of the rates of basic pay in effect on the date on which the annuity is to become effective in accordance with the designation of such person under section 1448(e) of this title.".

Ante, p. 844.

(d) Such section is further amended by adding at the end thereof the following new subsection: "(d) The percentage to be applied by the Secretary of Defense in determining the amount of an annuity under subsection (a)(2) or (b)(2) shall be 55 percent reduced by such amount as the Secretary shall by regulation prescribe, taking into consideration the age of the person electing to provide the annuity at the time of such election, the difference in age between such person and the beneficiary of the annuity, whether such person provided for the annuity to become effective (in the event he died before becoming 60 years of age) on the day after his death or on the 60th anniversary of his birth, appropriate group annuity tables, and such other factors as the Secretary considers relevant.". KEDUCTION I N RETIRED PAY

SEC. 205. (a) The first sentence of subsection (a) of section 1462 of title 10, United States Code, is amended by striking out "shall be ., reduced each month" and all that follows in such sentence and inserting in lieu thereof "shall be reduced each month— "(1) by an amount equal to 2i/^ percent of the first $300 of the base amount plus 10 percent of the remainder of the base amount, if the person is providing an annuity by virtue of eligibility under section 1448(a)(1)(A) of this title; or Aiue, p. 844. " (2) by an amount prescribed under regulations of the Secretary of Defense, if the person is providing an annuity by virtue of eligibility under section 1448(a)(1)(B). ". (b) Subsection (c) of such section is amended to read as follows: "(c) The retired or retainer pay of a person who has elected to provide an annuity to a person designated by him under section 1450(a)(4) of this title shall be reduced— "(^1) in the case of a person providing the annuity by virtue of eligibility under section 1448(a)(1)(A) of this title, by 10 percent plus 5 percent for each full five years the individual designated is younger than that person; or "(2) in the case of a person providing the annuity by virtue of eligibility under section 1448(a)(1) (13) of this title, by an amount prescribed under regulations of the Secretary of Defense. However, the total reduction under clause (1) may not exceed 40 percent. The reduction in retired or retainer pay prescribed by this section shall continue during the lifetime of the person designated I under section 1450(a)(4) of this title or until the person receiving retired or retainer pay changes his election under section 1450(f) of this title.". NOTiriCATIOlSr

SEC. 206. Section 1331(d) of title 10, United States Code, is amended by adding at the end thereof the following new sentence: "Such notice shall include notification of the elections available to such person under the Survivor Benefit Plan established under subchapter II of chapter 73 of this title and the effects of such elections.". 10 USC 1447.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/902

 92 STAT. 848

PUBLIC LAW 95-397—SEPT. 30, 1978 TECHNICAL AND CONFORMING AMENDMENTS

SEC. 207. (a) The first sentence of section 1449 of title 10, United States Code, is amended by striking out "the first sentence of subsection (a), or subsection (b)," and inserting in lieu thereof "subsection (a)(2) or (b)". (b) Section 1450(d) of such title is amended by striking out "section 8339(i) " and inserting in lieu thereof "section 8339(j)". (c) Section 1450(f) of such title is amended by striking out "the last three sentences of section 1448(a)" and inserting in lieu thereof "section 1448(a)(5)". TRANSITION

10 USC 1447 °ot«10 USC 1331 et seq-

Ante, p. 843. Ante, p. 844.

SEC. 208. With respect to any individual who— (1) would be eligible for retired pay under chapter 67 of title 10, United States Code, on the effective date of this title but for the fact that such individual is under 60 years of age; or (2) receives, before the end of the nine-month period beginning on the effective date of this title, a notification that such individual has completed the years of service required for eligibility for such retired pay; the 90-day period referred to in section 1447(2)(C) of title 10, United States Code (as amended by section 201 of this Act), and in sections 1448(a)(2) and 1448(a)(4)(B) of title 10, United States Code (as amended by section 202(a) of this Act), shall be considered to end at the end of the one-year period beginning on the effective date of this title. MINIMUM I N C O M E FOR CERTAIN SURVIVORS

10 USC 1431 et ««?•

SEC. 209. Section 4 of the Act entitled "An Act to amend chapter 73 of title 10, United States Code, to establish a Survivor Benefit Plan, and for other purposes", approved September 21, 1972 (10 U.S.C. 1448 note), is amended— (1) by striking out "$2,100" in subsections (a)(3) and (b) and inserting in lieu thereof "$2,340"; and (2) by redesignating subsection (c) as subsection (d) and inserting after subsection (b) the following new subsection (c): "(c) The amounts specified in subsections (a)(3) and (b) shall be increased by the Secretary concerned whenever there is an increase in the limitation on annual income for purposes of eligibility for benefits under section 541(b) of title 38, United States Code. Any such increase under the preceding sentence shall be in the same amount, and shall have the same effective date, as such increase in limitation on annual income.". EFFECTIVE DATES

10 USC 1447 note.

Ante, p. 847.

SEC. 210. (a) Except as provided in subsection (b), the provisions of this title and the amendments made by this title shall take effect on October 1, 1978, or on the date of the enactment of this Act, whichever is later, and shall apply to annuities payable by virtue of such amendments for months beginning on or after such date. (b) The amendment made b^ section 206 shall apply to notifications under section 1331(d) of title 10, United States Code, after the date of the enactment of this Act.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/903

 PUBLIC LAW 95-397—SEPT. 30, 1978

92 STAT. 84!?

TITLE III—MEDICAL AND DENTAL CARE SEC. 301. Subsection (b) of section 1076 of title 10, United States Code, is amended to read as follows: "(b) Under regulations to be prescribed jointly by the Secretary of Defense and the Secretary of Health, Education, and Welfare, a dependent of a member or former member— "(1) who is, or (if deceased) was at the time of his death, entitled to retired or retainer pay or equivalent pay; or "(2) who died before attaining age 60 and at the time of his death (A) would have been eligible for retired pay under chapter 67 of this title but for the fact that he was under 60 years of age, and (B) had elected to participate in the Survivor feenefit Plan established under subchapter II of chapter 73 of this title; may, upon request, be given the medical and dental care prescribed by section 1077 of this title in facilities of the uniformed services, subject to the availability of space and facilities and the capabilities of the medical and dental staff, except that a dependent of a member or former member described in clause (2) may not be given such medical or dental care until the date on which such member or former member would have attained age 60.". SEC. 302. The amendment made by section 301 shall become effective on October 1, 1978, or on the date of the enactment of this Act, whichever is later. Approved September 30, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-72 (Coram, on Armed Services). SENATE REPORT No. 95-1138 (Coram, on Arraed Services). CONGRESSIONAL RECORD: Vol. 123 (1977): Sept. 12, considered and passed House. Vol. 124 (1978): Aug. 24, considered and passed Senate, araended. Sept. 19, House concurred in Senate amendment with an amendment. Sept. 22, Senate concurred in House amendment.

Regulations,

10 USC 1447.

Effective date, 10 USC 1076 note-

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Page:United States Statutes at Large Volume 92 Part 1.djvu/904

 92 STAT. 850

PUBLIC LAW 95-398—SEPT. 30, 1978

Public Law 95-398 95th Congress An Act Sept. 30. 1978 [S. 3069]

SissetonWahpeton Sioux Tribe. Land conveyance.

Effective date.

To provide that members of the Sisseton-Wahpeton Sioux Tribe may request the Secretary of the Interior to acquire certain lands, and to provide that the tribe shall have a preference right to purchase certain lands held in trust by the United States for tribal members. Be it enacted by the Seriate aind House of Representatives of the United States of America in Congress assembled, That (a) the first section of the Act of October 26, 1974, Public Law 93-491 (88 Stat. 1468) is amended— (1) by inserting "or upon the request of any member of the tribe" after "South Dakota" the first place it appears; (2) by inserting "for the tribe or member thereof" after "gift, or exchange"; (3) by inserting "or member thereof" after "available to the tribe"; and (4) by inserting "or for the individual member for whom the land is acquired" before the period at the end thereof. (b) Section 2 of the Act of October 26, 1974, Public Law 93-491 (88 Stat. 1468) is amended by redesignating subsection (b) as subsection (c) and adding after subsection (a) the following new subsection: "(b) Notwithstanding any other provision of law, the SissetonWahpeton Sioux Tribe of the Lake Traverse Reservation, acting through its governing body or its designated agent, shall have a preference right to purchase any land held by the United States in trust for any member or members of the Sisseton-Wahpeton Sioux Tribe offered at public sale or auction. The tribe shall have thirty days from the date bidding is closed to match the high bid and the terms of the notice of sale.". (c) The amendments made by this Act shall become effective on the date of the enactment of this Act. Approved September 30, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1511 accompanying H.R. 13096 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 95-983 (Comm. on Indian Affairs). CONGRESSIONAL RECORD, Vol. 124 (1978): July 21, considered and passed Senate. Sept. 18, considered and passed House, in lieu of H.R. 13096.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/905

 PUBLIC LAW 95-399—SEPT. 30, 1978

92 STAT. 851

Public Law 95-399 95th Congress An Act To modify a portion of the south boundary of the Salt River Pima-Maricopa Indian Reservation in Arizona, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, FINDINGS AND POLICY

1. (a) The Congress hereby finds that— (1) the Salt River Pima-Maricopa Indian Reservation was established on Federal lands for the purpose of providing a place for members of the Salt River Pima-Maricopa Indian community to live in peace and prosperity with other persons in Arizona; (2) at the time of the creation of such reservation, a portion of the south boundary was established to follow the course of the Salt River; (3) the United States granted patents for, and leaseholds and other interests in, lands adjacent to such boundary for sand and gravel excavation and for other purposes to persons who were not members of such Indian community; (4) subsequent to the establishment of such boundary, the course of the Salt River shifted, creating uncertainty with respect to the precise location of such boundary; and (5) by an Executive order, the Secretary of the Interior located and permanently fixed such boundary in a location which included within such reservation, lands for which the United States had previously issued patents, leaseholds, and other interests, causing confusion and an ongoing controversy between such Indian community and persons holding such patents, leaseholds, and other interests. (b) The Congress hereby declares that it is the policy of the Congress to resolve, without costly and lengthy litigation, the dispute between the Salt River Pima-Maricopa Indian community and the persons referred to in subsection (a)(3) over the location of the south boundary of the Salt River Pima-Maricopa Indian Reservation. SECTION

Sept. 30, 1978 [S. 3002]

Salt River PimaMaricopa Indian Reservation, Ariz. Boundary revision.

MODIFICATION OF SOUTH BOUNDARY

SEC. 2. The south boundary of the Salt River Pima-Maricopa Indian Reservation in Arizona (hereinafter in this Act referred to as the "reservation"), created by the Executive order issued on June 14, 1879, shall be modified in accordance with the provisions of sections 3 and 4 of this Act. Any portion of such boundary established by this Act shall be fixed and permanent and not ambulatory. RESERVATION LANDS

SEC. 3. (a)(1) The Secretary of the Interior (hereinafter in this Land acquisition. Act referred to as the "Secretary") shall acquire by purchase or condemnation the lands described m paragraph (2). Upon acquisition, such lands shall be added to the reservation. The acquisition of lands

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Page:United States Statutes at Large Volume 92 Part 1.djvu/906

 92 STAT. 852

.

'

' ••; '

,

PUBLIC LAW 95-399—SEPT. 30, 1978 under this subsection, and payment for such lands under section 5(b) of this Act, shall be deemed to have been pursuant to condemnation by the United States. (2) The lands authorized to be acquired in paragraph (1) are located in township 1 north, range 5 east, Gila and Salt Eiver base and meridian, Arizona, and are those portions of the land in— (A) the south half of the southeast quarter of section 7 of such township and range; (B) the south half of the southwest quarter of section 8 of such township, and range; and (C) the southwest quarter of the southeast quarter of section 4 of such township arid range; which lie north of that boundary line representing the middle of the south channel of the Salt River and the south boundary of the Salt River Indian Reservation as shown of record on a map entitled "Township 1 North, Range 5 East, of the Gila and Salt River Meridian, Arizona, Dependent Resurvey and Survey of the South Boundary of Salt River Indian Reservation" which consists of four sheets, dated August 17, 1972, and is on file and available for public inspection at the Department of the Interior, Bureau of Land Management, Washington, District of Columbia. (b) Upon the acquisition of the lands described in subsection (a), the reservation shall include all lands in township 1 north, range 5 east, Gila and Salt River base and meridian, Arizona, lying north of that boundary line representing the middle of the south channel of the Salt River and the south boundary of the Salt River Indian Reservation as shown of record on the map referred to in subsection (a)(2), except for any portion of the following parcels of land: (1) the north half of the northwest quarter of section 18 of such township and range; (2) the north half of the northeast quarter of section 18 of such township and range; (3) the north half of the southeast quarter of the northeast quarter of section 8 of such township and range; (4) the northwest quarter of the northwest quarter of section 9 of such township and range; (5) the northeast quarter of the northwest quarter of section 9 of such township and range; (6) the southeast quarter of the northwest quarter of section 3 of such township and range; (7) the north half of the north half of the southwest quarter of section 3 of such township and range; (8) the southwest quarter of the northeast quarter of section 3 of such township and range; and (9) the northeast quarter of the northeast quarter of section 3 of such township and range. (c) The boundary of the reservation shall be extended to include the following parcels of land: (1) in township 2 north, range 6 east, Gila and Salt Eiver base and meridian, Arizona— (A) the area between the reservation boundary created by the Executive order issued on June 14, 1879, as amended, and a line parallel to and 150 feet north of the concrete canal lining on the northerly edge of the South Canal within the west 1,000 feet of section 13 of such township and range;

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Page:United States Statutes at Large Volume 92 Part 1.djvu/907

 PUBLIC LAW 95-399—SEPT. 30, 1978 (B) any portion of the southeast quarter of the southeast quarter of section 14 of such township and range lying south and east of the reservation boundary created by the Executive order issued on June 14, 1879, as amended; (C) the area between the reservation boundary created by the Executive order issued on June 14, 1879, as amended and a line parallel to and 150 feet north of the top of the concrete canal lining on the northerly edge of the South Canal in sections 24, 23, 22, and 27 of such township and range and the east half of section 28 of such township and range, except for approximately 16 acres of land described as that part of the west half of the southwest quarter of section 27 of such township and range lying north of the South Canal; (D) the area between the reservation boundary created by the Executive order issued on June 14, 1879, as amended, and the north line of the south half of the southwest quarter of section 28 of such township and range; (E) the area between the reservation boundary created by the Executive order issued on June 14, 1879, as amended, and the north line of the south half of the south half of sections 29 and 30 of such township and range; and (F) the north 600 feet of the Granite Reef Reserve in lots 2 and 3 of section 13 of such township and range; and (2) in township 2 north, range 5 east, Gila and Salt River base and meridian, Arizona, the south 450 feet of the Evergreen Reserve in the west half of the northwest quarter of the northwest quarter of the southeast quarter of section 23. (d) Any lands added to the reservation under this Act shall become a part of the reservation in all respects and upon all the same terms as if such lands had been included in the Executive order issued by the President on June 14, 1879, as amended, except that such lands shall remain tribal lands and shall not be subject to allotment to individual Indians. STATUS OF ARIZONA CANAL AND OTHER RECLAMATION PROJECT LANDS

SEC. 4. (a) The United States shall have, free of any claim of Indian title or trusteeship by the Salt River Pima-Maricopa Indian community, all rights and interests in, and absolute and unqualified title to, the following parcels of land: (1) those portions of the Arizona Canal right-of-way within the exterior boundaries of the Salt River Indian Reservation as defined by the March 29, 1913, accepted United States general land office resurveys of township 2 north, range 5 east and township 2 north, range 6 east of the Gila and Salt River base and meridian, Arizona, and supplemental surveys dated September 30, 1924, plats of which are of record in the Arizona State Office of the Bureau of Land Management, United States Department of the Interior, Phoenix, Arizona; (2) that portion of the reservation in section 13, township 2 north, range 6 east, Gila and Salt River base and meridian, Arizona, lying between the southerly prolongation of the west line of lot 2 and the southerly prolongation of the east line of lot 3 of section 13 and lying between the southerly boundaries of lots 2 and 3 and the southerly reservation boundary created by the Executive order issued on June 14, 1879, as amended;

92 STAT. 853

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Page:United States Statutes at Large Volume 92 Part 1.djvu/908

 92 STAT. 854

PUBLIC LAW 95-399—SEPT. 30, 1978 (3) United States Reclamation Service Reserve (Granite Reef), which consists of lots 2 and 3 in section 13, township 2 north, range 6 east, Gila and Salt River base and meridian, Arizona, except the north 600 feet of such lots 2 and 3, title to which has been confirmed in the United States for the benefit of the Salt River Pima-Maricopa Indian community; and (4) United States Reclamation Service Reserve (Evergreen), which consists of lot 9 and the west half of the northwest quarter of the northwest quarter of the southeast quarter of section 23, township 2 north, range 5 east, Gila and Salt River base and meridian, Arizona, except the south 450 feet of such Reserve, title to which has been confirmed in the United States for the benefit of the Salt River Pima-Maricopa Indian community. (b) The reservation boundary shall be modified to exclude from the reservation the parcels of land described in paragraphs (1) through (4) of subsection (a). COMPENSATION

Fair market value.

SEC. 5. (a)(1) The Secretary shall determine the fair market value of those portions of the parcels of land described in paragraphs (1) through (9) of section 3(b) of this Act which lie north of the boundary line referred to in section 3(b) of this Act, and shall pay an amount equal to such fair mar*ket value or $1,964,520, whichever is greater, to the Salt River Pima-Maricopa Indian community. (2) Acceptance of the payment described in paragraph (1) shall constitute a complete release and satisfaction of any claim which the Salt River Pima-Maricopa Indian community may have against the United States or holder of any interest with respect to any right, title, or interest in any portion of the parcels of land described in paragraphs (1) through (9) of section 3(b) of this Act which are located north of the boundary line referred to in section 3(b) of this Act. (b)(1) Except as otherwise provided in paragraph (2), the Secretary shall determine the fair market value of each parcel of land acquired by the United States and added to the Reservation pursuant to section 3(a)(1) of this Act, and shall pay an amount equal to such fair market value to the owner, under a patent issued by the United States, of such parcel. (2) If the aggregate of all amounts to be paid under paragraph (1) is less than the sum of $1,951,740, in lieu of such payments under paragraph (1), the Secretary shall pay such sum to the owners, under patents issued by the United States, of the parcels of land acquired by the United States and added to the reservation pursuant to section 3(a)(1) of this Act. In determining the amount of any payment to any person under this paragraph with respect to such parcels of land, the proportion of the amount of the payment to any person to $1,951,740 shall be equal to the proportion of the amount of the acreage of such parcel which such person owns, under a patent issued by the United States, to the total acreage of such parcels. (3) Acceptance of the payment described in paragraph (1) or (2) by any person shall constitute a complete release and satisfaction of any claim which such person may have against the United States, the Salt River Pima-Maricopa Indian community, or holder of any interest with respect to any right, title, or interest in any portion of the parcels of land described in subparagraphs (A), (B), o r (C) of section 3(a)(2) of this Act which are located north of the boundary line referred to in section 3(a)(2) of this Act.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/909

 PUBLIC LAW 95-399—SEPT. 30, 1978 AUTHORIZATION OF APPROPRIATIONS

SEC. 6. Effective October 1, 1979, there are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act. Approved September 30, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1498 accompanying H.R. 12344 (Coram, on Interior and Insular Affairs). SENATE REPORT No. 95-1170 (Coram, on Indian Affairs). CONGRESSIONAL RECORD, VoL 124 (1978): Sept. 11, considered and passed Senate. Sept. 19, considered and passed House, in lieu of H.R. 12344.

92 STAT. 855

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Page:United States Statutes at Large Volume 92 Part 1.djvu/910

 92 STAT. 856

PUBLIC LAW 95-400—SEPT. 30, 1978

Public Law 95-400 95th Congress An Act Sept. 30, 1978 [S. 3271]

r^^ amend the pilot project workfare provisions of the Food Stamp Act of 1977.

Be it enacted by the Senate and House of Representatives of the Food Stamp Act United States of America in Congress assembled, That the last senof 1977, tence of section 17(b)(2) of the Food Stamp Act of 1977 is amended j^^cr^^nok ^y striking everything after "Act," and inserting in lieu thereof the following: "shall issue an interim report no later than October 1, 1979, and shall issue a final report describing the results of such pilot projects no later than October 1, 1980.". Approved September 30, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1342 accompanying H.R. 13149 (Comm. on Agriculture). SENATE REPORT No. 95-1052 (Comm. on Agriculture, Nutrition, and Forestry). CONGRESSIONAL RECORD, Vol. 124 (1978): Aug. 3, considered and passed Senate. Sept. 19, H.R. 13141 considered and passed House; passage vacated and S. 3271 passed in lieu.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/911

 PUBLIC LAW 95-401—SEPT. 30, 1978

92 STAT. 857

Public Law 95-401 95th Congress An Act To authorize appropriations to the National Aeronautics and Space Administration for research and development, construction of facilities, and research and program management, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there is hereby authorized to be appropriated to the National Aeronautics and Space Administration to become available October 1, 1978: (a) For "Research and development", for the following programs: (1) Space Shuttle, $1,443,300,000; (2) Space flight operations, $315,900,000; (3) Expendable launch vehicles, $74,000,000; (4) Physics and astronomy, $285,500,000; (5) Lunar and planetary exploration, $187,100,000; (6) Life sciences, $42,600,000; (7) Space applications, $280,300,000; (8) Technology utilization, $12,100,000; (9) Aeronautical research and technology, $275,100,000; (10) Space research and technology, $111,300,000; (11) Energy technology applications, $5,000,000; and (12) Tracking and data acquisition, $305,400,000; (b) For "Construction of facilities", including land acquisition, as follows: (1) Modification of unitary plan wind tunnel, Ames Research Center, $5,390,000; (2) Modification of 3.5-foot wind tunnel, Ames Research Center, $1,870,000; (3) Modification of 12-foot pressure wind tunnel, Ames Research Center, $2,510,000; (4) Modifications and additions for logistic and supply functions, Goddard Space Flight Center, $5,640,000; (5) Modifications and addition to the space flight operations facility. Jet Propulsion Laboratory, $3,060,000; (6) Modifications to various buildings for seismic protection, Jet Propulsion Laboratory, $1,570,000; (7) Modifications for utility control system, Langley Research • Center, $1,980,000; (8) Rehabilitation of unitary plan wind tunnel, Langley Research Center, $4,520,000; (9) Construction of research analysis center, Lewis Research Center, $6,140,000; (10) Large aeronautical facility; construction of national transonic facility, Langley Research Center, $24,500,000; (11) Large aeronautical facility; modification of 40- by 80-foot isubsonic wind tunnel, Ames Research Center, $31,600,000; (12) Space Shuttle facilities at various locations as follows: (A) Modifications to launch complex 39, John F. Kennedy Space Center, $13,570,000;

Sept. 30, 1978 [H.R. 11401]

National Aeronautics and Space Administration Authorization Act, 1979. Research and development.

Construction of facilities.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/912

 92 STAT. 858

Research and program management. Program specifications.

Notice to Speaker of the House, President of the Senate, and congressional committees.

Scientific consultations or extraordinary expenses.

PUBLIC LAW 95-401—SEPT. 30, 1978 (B) Modification of manufacturing and final assembly facilities for external tanks, Michoud Assembly Facility, $13,980,000; (C) Modifications to solid rocket motor manufacturing and assembly facilities, Thiokol Plant, Wasatch, Utah, $1,920,000; (D) Minor Shuttle-unique projects, various locations, $1,600,000; (13) Rehabilitation and modification of facilities at various locations, not in excess of $500,000 per project, $15,300,000; (14) Minor construction of new facilities and additions to existing facilities at various locations, not in excess of $250,000 per project, $4,200,000; and (15) Facility planning and design not otherwise provided for, $10,650,000; (c) For "Research and program management", $914,000,000, and such additional or supplemental amounts as may be necessary for increases in salary, pay, retirement, or other employee benefits authorized by law. (d) Notwithstanding the provisions of subsection 1(g), appropriations for "Research and development" may be used (1) for any items of a capital nature (other than acquisition of land) which may be required at locations other than installations of the Administration for the performance of research and development contracts, and (2) for grants to nonprofit institutions of higher education, or to nonprofit organizations whose primary purpose is the conduct of scientific research, for purchase or construction of additional research facilities; and title to such facilities shall be vested in the United States unless the Administrator determines that the national program of aeronautical and space activities will best be served by vesting title in any such grantee institution or organization. Each such grant shall be made under such conditions as the Administrator shall determine to be required to insure that the United States will receive therefrom benefit adequate to justify the making of that grant. None of the funds appropriated for "Research and development" pursuant to this Act may be used in accordance with this subsection for the construction of any major facility, the estimated cost of which, including collateral equipment, exceeds $250,000, unless the Administrator or his designee has notified the Speaker of the House of Representatives and the President of the Senate and the Committee on Science and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate of the nature, location, and estimated cost of such facility. (e) When so specified and to the extent provided in an appropriation act, (1) any amount appropriated for "Research and development" or for "Construction of facilities" may remain available without fiscal year limitation, and (2) maintenance and operation of facilities, and support services contracts may be entered into under the "Research and program management" appropriation for periods not in excess of 12 months beginning at any time during the fiscal year. (f) Appropriations made pursuant to subsection 1(c) may be used, but not to exceed $25,000, for scientific consultations or extraordinary expenses upon the approval or authority of the Administrator and his determination shall be final and conclusive upon the accounting officers of the Government.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/913

 PUBLIC LAW 95-401—SEPT. 30, 1978 (g) Of the funds appropriated pursuant to subsections 1(a) and 1(c), not in excess of $25,000 for eacii project, including collateral equipment, may be used for construction of new facilities and additions to existing facilities, and not in excess of $50,000 for each project, including collateral equipment, may be used for rehabilitation or modification of facilities: Provided, That of the funds appropriated pursuant to subsection 1(a), not in excess of $250,000 for each project, including collateral equipment, may be used for any of the foregoing for unforeseen programmatic needs. SEC. 2. Authorization is hereby granted whereby any of the amounts prescribed in paragraphs (1) through (14), inchisive, of subsection 1(b).. ., .. . . (1) in the discretion of the Administrator or his designee, may be varied upward 10 percent, or (2) following a report by the Administrator or his designee to the Committee on Science and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the circumstances of such action, may be varied upward 25 percent, to meet unusual cost variations, but the total cost of all work authorized under such paragraphs shall not exceed the total of the amounts specified in such paragraphs. SEC. 3. Not to exceed one-half of 1 percent of the funds appropriated pursuant to subsection 1(a) hereof may be transferred to the "Construction of facilities" appropriation, and. when so transferred, together with $10,000,000 of the funds appropriated pursuant to subsection 1(b) hereof (other than funds appropriated pursuant to paragraph (15) of such subsection) shall be available for expenditure to construct, expand, or modify laboratories and other installations at any location (including locations specified in subsection 1(b)), if (1) the Administrator determines such action to be necessary because of changes in the national program of aeronautical and space activities or new scientific or engineering developments, and (2) he determines that deferral of such action until the enactment of the next authorization act would be inconsistent with the interest of the Nation in aeronautical and space activities. The funds so made available may be expended to acquire, construct, convert, rehabilitate, or install permanent or temporary public works, including land acquisition, site preparation, appurtenances, utilities, and equipment. No portion of such sums may be obligated for expenditure or expended to construct, expand, or modify laboratories and other installations unless (A) a period of 30 days has passed after the Administrator or his designee has transmitted to the Speaker of the House of Representatives and to the President of the Senate and to the Committee on Science and Technology of the House of Representatives and to the Committee on Commerce, Science, and Transportation of the Senate a written report containing a full and complete statement concerning (1) the nature of such construction, expansion, or modification, (2) the cost thereof including the cost of any real estate action pertaining thereto, and (3) the reason why such construction, expansion, or modification is necessary in the national interest, or (B) each such committee before the expiration of such period has transmitted to the Administrator written notice to the effect that such committee has no objection to the proposed action.

-pt. 1

58: QL3

92 STAT. 859 Limitations.

Construction cost variations.

Report to congressional committees.

Transfer of funds.

Report to Speaker of the House, President of the Senate, and congressional committees.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/914

 92 STAT. 860 Use of funds, restrictions.

Notice to Speaker of the House, President of the Senate, and congressional committees.

Research funds, geographical distribution. 42 USC 2459 note.

42 USC 2473. 42 USC 2473.

Bioengineering research, development, and demonstration programs.

Report to congressional committees. 42 USC 2462 note.

PUBLIC LAW 95-401—SEPT. 30, 1978 SEC. 4. Notwithstanding any other provision of this Act— (1) no amount appropriated pursuant to this Act may be used for any program deleted by the Congress from requests as originally made to either the House Committee on Science and Technology or the Senate Committee on Commerce, Science, and Transportation, (2) no amount appropriated pursuant to this Act may be used for any program in excess of the amount actually authorized for that particular program by subsections 1(a) and 1(c), and (3) no amount appropriated pursuant to this Act may be used for any program which has not been presented to or requested of either such committee, unless (A) a period of 30 days has passed after the receipt by the Speaker of the House of Representatives and the President of the Senate and each such committee of notice given by the Administrator or his designee containing a full and complete statement of the action proposed to be taken and the facts and circumstances relied upon in support of such proposed action, or (B) each such committee before the expiration of such period has transmitted to the Administrator written notice to the effect that such committee has no objection to the proposed action. SEC. 5. It is the sense of the Congress that it is in the national interest that consideration be given to geographical distribution of Federal research funds whenever feasible, and that the National Aeronautics and Space Administration should explore ways and means of distributing its research and development funds whenever feasible. SEC. 6. Section 203 of the National Aeronautics and Space Act of 1958 (42 U.S.C.2473) is amended— (1) by inserting " (1) " after " (b) " in the subsection which was added by section 15(c) of Public Law 94-413; and (2) by redesignating the subsection which was added by section 4 of Public Law 93-409 (and redesignated by section 15(c) of Public Law 94-413) as paragraph (2) of subsection (b). SEC. 7. (a) Section 102 of the National Aeronautics and Space Act of 1958 (42 U.S.C. 2451) is amended (1) by redesignating subsection (f) as subsection (g) thereof; and (2) by inserting immediately after subsection (e) thereof the following new subsection. "(f) The Congress declares that the general welfare of the United States requires that the unique competence of the National Aeronautics and Space Administration in science and engineering systems be directed to assisting in bioengineering research, development, and demonstration programs designed to alleviate and minimize the effects of disability.". (b) The subsection of section 102 of such Act redesignated as subsection (g) by subsection (a) of this section is amended by striking out "and (e)" and inserting in lieu thereof " (e), and (£)". SEC. 8. The Administrator of the National Aeronautics and Space Administration will report to the House Committee on Science and Technology and the Senate Committee on Commerce, Science, and Transportation no later than December 31, 1978, on the Administration policy regarding conflicts of interest, standards of conduct and financial disclosure and the implementation of that policy.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/915

 PUBLIC LAW 95-401—SEPT. 30, 1978

92 STAT. 861

SEC. 9. This Act may be cited as the "National Aeronautics and Short tide. Space Administration Authorization Act, 1979". Approved September 30, 1978.

LEGISLATIVE HISTORY; HOUSE REPORTS: No. 95-973 (Comm. on Science and Technology) and No. 95-1509 (Comm. of Conference). SENATE REPORTS: No. 95-799 (Comm. on Commerce, Science, and Transportation) and No. 95-1123 (Comm. of Conference). CONGRESSIONAL RECORD, Vol 124 (1978): . Apr. 25, considered and passed House. May 18, considered and passed Senate, amended. Aug. 17, Senate agreed to conference report. Sept. 19, House agreed to conference report.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/916

 92 STAT. 862

PUBLIC LAW 95-402—SEPT. 30, 1978

Public Law 95-402 95th Congress An Act Sept. 30, 1978 [S. 3468]

Cotton price support levels. 7 USC 1444.

PJIQ amend the Agricultural Act of 1949 to ensure that the interest rates on price support loans for upland cotton are not less favorable to producers than the interest rates for such loans on other commodities.

Be it enacted T)y the Senate and House of Representatives of the United States of America in Congress assembled, That section 103(f) of the Agricultural Act of 1949 is amended by striking out the fourth sentence of paragraph (1). Approved September 30, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1551 accompanying H.R. 13675 (Comm. on Agriculture). SENATE REPORT No. 95-1154 (Comm. on Agriculture, Nutrition, and Forestry). CONGRESSIONAL RECORD, Vol. 124 (1978): Sept. 8, considered and passed Senate. Sept. 18, considered and passed House, in lieu of H.R. 13675.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/917

 PUBLIC LAW 95-403—SEPT. 30, 1978

92 STAT. 863

Public Law 95-403 95th Congress An Act To amend the Hazardous Materials Transportation Act to authorize appropriations for fiscal year 1979,

sept. dli, 1978 [S. 1896]

Be it enacted by the Senate and House of Representatives of the United States of America vn Congress assembled, That section 115 of Hazardous the Hazardous Materials Transportation Act (49 U.S.C. 1812) is Materials amended by—

Transportation

(1) striking out "and" immediately after "1976,"; and ^*^*'.. (2) inserting ", and not to exceed $5,000,000 for the fiscal year aPPy«P"«V°° ending September 30, 1979" immediately after "1978". authorization. Approved September 30, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1170, Pt. I (Interstate and Foreign Commerce). SENATE REPORT No. 95-814 (Comm. on Commerce, Science and Transportation). CONGRESSIONAL RECORD, VoL 124 (1978): May 18, considered and passed Senate. Sept. 19, H.R. 11871 considered and passed House; passage vacated and S. 1896 passed in lieu.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/918

 92 STAT. 864

PUBLIC LAW 95-404—SEPT. 30, 1978

Public Law 95-404 95th Congress An Act Sept. 30, 1978 [S. 2701] Water Resources Planning Act, appropriation authorizations. 42 USC 1962d.

42 USC 1962c. 42 USC 1962d note.

To amend the Water Resources Planning Act (79 Stat. 244, as amended). Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) section 401(a) of the Water Resources Planning Act of 1965 (79 Stat 244, as amended) is hereby amended by deleting the words: "Not to exceed $6,000,000 for fiscal year 1978" and inserting in lieu thereof: "The sum of $2,886,000 for fiscal year 1979". (b) Section 401(b) of the Water Resources Planning Act (79 Stat. 244, as amended) is further amended by deleting the words: "not to exceed $2,000,000 for fiscal year 1978" and inserting in lieu thereof: "the sum of $2,668,000 for fiscal year 1979". (c) Section 401(c) of the Water Resources Planning Act (79 Stat. 244, as amended) is amended by deleting the words: "Not to exceed the sum of $3,905,000 for fiscal year 1978 for preparation of assessments, and for directing and coordinating the preparation of such river basin plans as the Council determines are necessary and desirable in carrying out the policy of this Act: Provided" and inserting in lieu thereof: "The sum of $3,179,900 for fiscal year 1979 for preparation of assessments, and for directing and coordinating the preparation of such river basin plans as the Council determines are necessary and desirable in carrying out the policy of this Act: Provided, That $828,900 shall be available under this subsection for preparation of the Columbia River Estuary Special Study: Provided further, That $308,000 shall be available under this subsection for preparation of the New England Port and Harbor Study and $135,000 shall be available for completion of the Hudson River iBasin Level B Study: Provided further, That $150,000 shall be available under this subsection for completion of Case Studies of the Application of Cost Sharing Policy Options for Flood Plain Management in the Connecticut River Basin: Provided further'''. (d) Section 301(a) of the Water Resources Planning Act (79 Stat. 244, as amended) is amended by deleting the words: "for fiscal years 1977 and 1978. $5,000,000 in such year" and inserting in lieu thereof: "$3,000,000 for fiscal year 1979". (e) Appropriations authorized by this Act for salary, pay, retirement, or other benefits for Federal employees may be increased by such additional or supplemental amounts as may be necessary for increases authorized by law. Approved September 30, 1978. LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1158 accompanying H.R. 11655 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 95-835 (Comm. on Environment and Public Works). ' ' CONGRESSIONAL RECORD, Vol 124 (1978): ,.;, May 25, considered and passed Senate. July 11, H.R. 11655 considered and passed House; passage vacated and S. 2701, amended, passed in lieu. Sept. 15, House agreed to conference report. Sept. 18, Senate agreed to conference report.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/919

 PUBLIC LAW 95-405—SEPT. 30, 1978

92 STAT. 865

Public Law 95-405 95th Congress An Act To extend the Commodity Exchange Act, and for other purposes.

Sept. 30, 1978 [S, 2391]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may Futures Trading be cited as the "Futures Trading Act of 1978". Act of 1978. ^

7 USC 1 note.

COMPOSITION AND FUNCTIONS OF COMMISSION,' CONFLICT OF I N T E R E S T; LIAISON W I T H OTHER AGENCIES; CONFORMING AND T E C H N I C A L AMENDMENTS

SEC. 2. Section 2(a) of the Commodity Exchange Act is amended 7 USC 2, 4, 4a. by(1) striking out in the third sentence of paragraph (1) (7 U.S.C. 2) "section 217 of the Commodity Futures Trading Commission Act of 1974" and inserting in lieu thereof "section 19 of this Act"; (2) inserting " (A) " immediately after the designation of paragraph (2) (7 U.S.C. 4a(a)); (3) striking out in the second sentence of paragraph (2) "a Chairman and four other Commissioners" and inserting in lieu thereof "five Commissioners"; (4) striking out in the last sentence of paragraph (2) " (A) " and " (B) " and inserting in lieu thereof " (i) " and "(ii)", respectively; (5) adding at the end of paragraph (2) a new subparagraph (B) as follows: "(B) The President shall appoint, by and with the advice and consent of the Senate, a member of the Commission as Chairman, who shall serve as Chairman at the pleasure of the President. An individual may be appointed as Chairman at the same time that person is appointed as a Commissioner. The Chairman shall be the chief administrative oiRcer of the Commission and shall preside at hearings before the Commission. At any time, the President may appoint, by and with the advice and consent of the Senate, a different Chairman, and the Commissioner previously appointed as Chairman may complete that Commissioner's term as a Commissioner."; (6) striking out in paragraph (5) (7 U.S.C. 4a(d)) ", by and with the advice and consent of the Senate,"; (7) inserting in paragraph (6)(A) (7 U.S.C. 4a(e)(1)) after "use and expenditures of funds," the following: "according to budget categories, plans, programs, and priorities established and approved by the Commission,"; (8) striking out in paragraph (6)(B) (7 U.S.C. 4a(e)(2)) "of the Commission" and inserting in lieu thereof ", plans, priorities, and budgets approved by the Commission"; (9) inserting " (A) " immediately after the designation of paragraph (7) (7 U.S.C.4a(f)); (10) adding at the end of paragraph (7) a new subparagraph (B) as follows:

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