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 92 STAT. 98 .;,,,.

PUBLIC LAW 95-239—MAR. 1, 1978 fits under this part while so employed. Any ininer who has been determined to be eligible for benefits pursuant to a claim filed while such miner was engaged in coal mine employment shall be entitled to such benefits if his or her employment terminates within one year after the date such determination becomes final.". APPROVAL OF STATE W O R K E R S ' COMPENSATION LAWS

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30 USC 931.

SEC. 6. (a) Section 421(b)(2)(A) of the Act is amended by inserting before the semicolon the following: ", except that (i) such law shall not be required to provide such benefits where the miner's last employment in a coal mine terminated before the Secretary's approval of the State law pursuant to this section; and (ii) each operator of a coal Post, p. 100. mine shall secure the payment of benefits pursuant to section 423 with respect to any miner whose last employment in a coal mine terminated before the Secretary's approval of the State law pursuant to this section". (b) Section 421(b)(2)(C) of the Act is amended by striking out "part B of this title" and inserting in lieu thereof "this part", by striking out "of Health, Education, and Welfare", and by striking out "thereunder" and inserting in lieu thereof "under this part". 5: £ i;r, (c) Section 421(b)(2)(D) of the Act is amended to read as follows: "(D) any claim for benefits on account of total disability of a miner due to pneumoconiosis is deemed to be timely filed if such claim is filed within three years after a medical determination of total disability due to pneumoconiosis;". DETERMINATION

30 USC 932.

OF CLAIMS FOR BENEFITS UNDER PART C OF TITLE TV OF THE ACT

SEC. 7. (a) The first sentence of section 422(a) of the Act is amended— (1) by inserting after "as amended" the following: ", and as it may be amended from time to time"; (2^ by inserting a comma after "and 51 thereof)"; and •.. '*^' (3) by striking out "and except as the Secretary shall by rega.' lation otherwise provide" and inserting in lieu thereof "or by regulations of the Secretary and except that references in such Act to the employer shall be considered to refer to the trustees of the fund, as the Secretary considers appropriate and as is consistent 30 USC 934. with the provisions of section 424". (b) Section 422(b) of the Act is amended by adding at the end thereof the following new sentence: "An employer, other than an operator of a coal mine, shall not be required to secure the payment of such benefits with respect to any employee of such employer to the extent such employee is engaged in the transportation of coal or in coal mine construction. Upon determination by the Secretary of the eligibility of the employee, the Secretary may require such employer to secure a bond or otherwise guarantee the payment of such benefits to the employee.". (c) Section 422(c) of the Act is amended— (1) by striking out "and the Secretary of Health, Education, and Welfare"; and ' ' ' (2) by striking out "the period" and inserting in lieu thereof '*';';:'.;.; "a period after December 31, 1969,". ^' ' (d) Section 422(e) of the Act is amended by inserting "or" at the .JSv •'. j,jj^ Q^ paragraph (1) thereof, by striking out ", or" at the end of

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 PUBLIC LAW 95-239—MAR. 1, 1978 paragraph (2) thereof and inserting in lieu thereof a period, and by striking out paragraph (3) thereof. (e) Section 422(f) of the Act is amended to read as follows: " (f) Any claim for benefits by a miner under this section shall be filed within three years after whichever of the following occurs later— "(1) a medical determination of total disability due to pneumoconiosis; or "(2) the date of the enactment of the Black Lung Benefits Keform Act of 1977.". (f) Section 422(h) of the Act is amended by striking out the first sentence thereof. (g) Section 422(i) of the Act is amended to read as follows: " (i)(l) During any period in which this section is applicable to the operator of a coal mine who on or after January 1, 1970, acquired such mine or substantially all the assets thereof, from a person (hereinafter in this subsection referred to as a 'prior operator') who was an operator of such mine, or owner of such assets on or after January 1, 1970, such operator shall be liable for and shall, in accordance with section 423, secure the payment of all benefits which would have been payable by the prior operator under this section with respect to miners previously employed by such prior operator as if the acquisition had not occurred and the prior operator had continued to be an operator of a coal mine. "(2) Nothing in this subsection shall relieve any prior operator of any liability under this section. "(3)(A) For purposes of paragraph (1) of this subsection, the provisions of this paragraph shall apply to corporate reorganizations, liquidations, and such other transactions as are specified in this paragraph. "(B) If an operator ceases to exist by reason of a reorganization or other transaction or series of transactions which involves a change in identity, form, or place of business or organization, however effected, the successor operator or other corporate or business entity resulting from such reorganization or other change shall be treated as the operator to whom this section applies. "(C) If an operator ceases to exist by reason of a liquidation into a parent or successor corporation, the parent or successor corporation shall be treated as the operator to whom this section applies. "(D) If an operator ceases to exist by reason of a sale of substantially all his or her assets, or as the result of a merger, consolidation, or division, the successor operator, corporation, or other business entity shall be treated as the operator to whom this section applies. "(4) In any case in which there is a determination under section 424 that no operator is liable for the payment of benefits to a claimant, nothing in this subsection may be construed to require the payment of benefits to a claimant by or on behalf of any operator,". (h) Section 422 of the Act is amended by adding at the end thereof the following new subsections: "(j) Notwithstanding the provisions of this section, section 424 shall govern the payment of benefits in cases— "(1) described in section 424(a)(1); or " (2) in which the miner's last coal mine employment was before January 1, 1970. "(k) The Secretary shall be a party in any proceeding relative to a claim for benefits under this part.

92 STAT. 99

30 USC 932.

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Post, p. 100.

30 USC 934. 30 USC 932.

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 92 STAT. 100

...

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30 USC 932a °°*®'on^'icr QQi sea ''^ 30 USC 925. 30 USC 932a.

PUBLIC LAW 95-239—MAR. 1, 1978 "(1) In no case shall the eligible survivors of a miner who was determined to be eligible to receive benefits under this title at the time of jjig Qj. j^ej. death be required to file a new claim for benefits, or refile or otherwise revalidate the claim of such miner.". (i) Notwithstanding the provisions of section 422(a) of the Act, individuals appointed to hear and determine claims for benefits under P^^t C of title IV of the Act and under section 415 of the Act pursuant ^^ Public Law 94-504 (90 Stat. 2428) may continue to adjudicate such claims during the one-year period following the date of the enactment of this Act. PENALTIES FOR FAILURE TO SECURE P A Y M E N T OF BENEFITS

30 USC 933.

K'f I

SEC. 8. Section 423 of the Act is amended by adding at the end thereof the following new subsection: "(d)(1) Any employer required to secure the payment of benefits under this section who fails to secure such benefits shall be subject to a civil penalty assessed by the Secretary of not more than $1,000 for each day during which such failure occurs. In any case where such employer is a corporation, the president, secretary, and treasurer thereof also shall be severally liable to such civil penalty as provided in this subsection for the failure of such corporation to secure the payment of benefits. Such president, secretary, and treasurer shall be severally personally liable, jointly with such corporation, for any benefit which may accrue under this title in respect to any disability which may occur to any employee of such corporation while it shall so fail to secure the payment of benefits as required by this section. "(2) Any employer of a miner who knowingly transfers, sells, encumbers, assigns, or in any manner disposes of, conceals, secrets, or destroys any property belonging to such employer, after any miner employed by such employer has filed a claim under this title, and with intent to avoid the payment of benefits under this title to such miner or his or her dependents, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $1,000, or by imprisonment for not more than one year, or both. In any case where such employer is a corporation, the president, secretary, and treasurer thereof also shall be severally liable for such penalty of imprisonment as well as jointly liable with such corporation for such fine, "(3) This subsection shall not affect any other liability of the employer under this part.". '-'f'xl^

30 USC 937.
 * . o

^'

CLINICAL FACILITIES

.^^!.„/., 5, r. - j | -

SEC. 9. The first sentence of section 427(c) of the Act is amended by striking out "of the fiscal years ending June 30, 1973, June 30, 1974, and June 30, 1975" and inserting in lieu thereof "fiscal year". APPLICABILITY OF AMENDMENTS

30 USC 940.

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4

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•

i

S E C 10. Section 430 of the Act is amended— (1) by inserting "and by the Black Lung Benefits Reform Act of 1977" after "1972"; and (2) by striking out the colon and all that follows it and insert' • ing in lieu thereof a period.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/155

 PUBLIC LAW 95-239—MAR. 1, 1978

92 STAT. 101

MEDICAli CARE

SEC. 11. The Secretary of Health, Education, and Welfare shall Eligibility, notify each miner receiving benefits under part B of title IV of notification to the Act on account of his or her total disability who such Secre- miners. 30 USC 924a. tary has reason to believe became eligible for medical services and 30 USC 921. supplies on January 1, 1974, of his or her possible eligibility for such benefits. Where such Secretary so notifies a miner, the period during Termination, which he Or she may file a claim for medical services and supplies under part C of title IV of the Act shall not terminate before six months after such notification is made. . PENALTIES FOR FALSE STATEMENTS AND FAILURES TO F I L E REPORTS

SEC. 12. (a) Section 431 of the Act is amended to read as follows: 30 USC 941. "SEC. 431. Any person who willfully makes any false or misleading statement or representation for the purpose of obtaining any benefit or payment under this title shall be guilty of a misdemeanor and on conviction thereof shall be punished by a fine of not more than $1,000, or by imprisonment for not more than one year, or both.". (b) Part 0 of title IV of the Act is amended by adding at the end Miner benefit entitlement thereof the following new section: "SEC, 432. (a) The Secretary may by regulation require employers reports, filing. to file reports concerning miners who may be or are entitled to 30 USC 942. benefits under this part, including the date of commencement and cessation of benefits and the amount of such benefits. Any such report shall not be evidence of any fact stated therein in any proceeding relating to death or total disability due to pneumoconiosis of any miner to which such report relates. "(b) Any employer who fails or refuses to file any report required of such employer under this section shall be subject to a civil penalty of not more than $500 for each such failure or refusal.". INSURANCE F U N D

SEC. 13. Part C of title IV of the Act, as amended by section 12(b), is further amended by adding at the end thereof the following new section: " S E C 433. (a) The Secretary is authorized to establish and carry out a black lung insurance program which will enable operators of coal mines to purchase insurance covering their obligations under section 422. "(b) The Secretary may exercise his or her authority under this section only if, and to the extent that, insurance coverage is not otherwise available, at reasonable cost, to operators of coal mines. "(c)(1) The Secretary may enter into agreements with operators of coal mines who may be liable for the payment of benefits under section 422, under which the Black Lung Compensation Insurance Fund established under subsection (a) (hereinafter in this section referred to as the 'insurance fund') shall assume all or part of the liability of such operator in return for the payment of premiums to the insurance fund, and on such terms and conditions as will fully protect the financial solvency of the insurance fund. During any period in which such agreement is in effect the operator shall be deemed in compliance with the requirements of section 423 with respect to the risks covered by such agreement.

Compensation program establishment, authorization. 30 USC 943. Ante, p. 98.

Agreements with coal mine operators.

Ante, p. 100.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/156

 92 STAT. 102 Reinsurance agreements.

Ante, p. 98. Insurability terms and conditions, regulations.

Premium schedule studies and investigations.

Premium rates, regulations.

Black Lung Compensation Insurance Fund.

Repayment to Treasury Secretary.

PUBLIC LAW 95-239—MAR. 1, 1978 " (2) The Secretary may also enter into reinsurance agreements with one or more insurers or pools of insurers under which, in return for the payment of premiums to the insurance fund, and on such terms and conditions as will fully protect the financial solvency of the insurance fund, the insurance fund shall provide reinsurance coverage for benefits required to be paid under section 422. "(d) The Secretary may by regulation provide for general terms and conditions of insurability as applicable to operators of coal mines or insurers eligible for insurance or reinsurance under this section, including— "(1) the types, classes, and locations of operators or facilities which shall be eligible for such insurance or reinsurance; " (2) the classification, limitation, and rejection of any operator or facility which may be advisable; "(3) appropriate premiums for different classifications of operators or facilities; "(4^ appropriate loss deductibles; " ^5^ experience rating; and "(6) any other terms and conditions relating to insurance or reinsurance coverage or exclusion which may be appropriate to carry out the purposes of this section. "(e) The Secretary may undertake and carry out such studies and investigations, and receive or exchange such information, as may be necessary to formulate a premium schedule which will enable the insurance and reinsurance authorized by this section to be provided on a basis which is (1) in accordance with accepted actuarial principles; and (2) fair and equitable. "(f)(1) On the basis of estimates made by the Secretary in formulating a premium schedule under subsection (e), and such other information as may be available, the Secretary shall from time to time prescribe by regulation the chargeable premium rates for types and classes of insurers, operators of coal mines, and facilities for which insurance or reinsurance coverage shall be available under this section and the terms and conditions under which, and the area within which, such insurance or reinsurance shall be available and such rates shall apply. (2) Such premium rates shall be (A) based on a consideration of the risks involved, taking into account differences, if any, in risks based on location, type of operations, facilities, type of coal, experience, and any other matter which may be considered under accepted actuarial principles; and (B) adequate, on the basis of accepted actuarial principles, to provide reserves for anticipated losses. "(3) All premiums received by the Secretary shall be paid into the insurance fund. "(g)(1) The Secretary may establish in the Department of Labor a Black Lung Compensation Insurance Fund which shall be available, without fiscal year limitation— "(A) to pay claims of miners for benefits covered by insurance or reinsurance issued under this section; "(B) to pay the administrative expenses of carrying out the black lung compensation insurance program under this section; and "(C) to repay to the Secretary of the Treasury such sums as may be borrowed in accordance with the authority provided in subsection (i).

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Page:United States Statutes at Large Volume 92 Part 1.djvu/157

 PUBLIC LAW 95-239—MAR. 1, 1978 " (2) The insurance fund shall be credited with— "(A) premiums, fees, or other charges which may be collected in connection with insurance or reinsurance coverage provided under this section; "(B) such amounts as may be advanced to the insurance fund from appropriations in order to maintain the insurance fund in an operative condition adequate to meet its liabilities; and " (C) income which may be earned on investments of the insurance fund pursuant to paragraph (3), "(3) If, after all outstanding current obligations of the insurance fund have been liquidated and any outstanding amounts which may have been advanced to the insurance fund from appropriations authorized under subsection (i) have been credited to the appropriation from which advanced, the Secretary determines that the moneys of the insurance fund are in excess of current needs, he or she may request the investment of such amounts as he or she deems advisable by the Secretary of the Treasury in public debt securities with maturities suitable for the needs of the insurance fund and bearing interest at prevailing market rates. "(h) The Secretary shall report to the Congress not later than the first day of April of each year on the financial condition of the insurance fund and the results of the operations of the insurance fuJid during the preceding fiscal year and on its expected condition and operations during the fiscal year in which the report is made. "(i) There are authorized to be appropriated to the insurance fund, as repayable advances, such sums as may be necessary to meet obligations incurred under subsection (g). All such sums shall remain available without fiscal year limitation. Advances made pursuant to this subsection shall be repaid, with interest, to the general fund of the Treasury when the Secretary determines that moneys are available in the insurance fund for such repayments. Interest on such advances shall be computed in the same manner as provided in subsection (b) (2) of section 3 of the Black Lung Benefits Revenue Act of 1977.".

92 STAT. 103

Investments.

Fund financial condition, annual report to Appropriation authorization.

Interest rates. Ante, p. 12.

STATEMENT OF REASONS FOR DENIAL OF CLAIMS

SEC. 14. Part G of title IV of the Act, as amended by sections 12(b) and 13, is further amended by adding at the end thereof the following new section: "SEC. 434. Any individual whose claim for benefits under this title 30 USC 944. is denied shall receive from the Secretary a written statement of the reasons for denial of such claim, and a summary of the administrative hearing record or, upon good cause shown, a copy of any transcript thereof.". REVIEW OF PENDING AND PREVIOUSLY DENIED CLAIMS

SEC. 15. Part C of title IV of the Act, as amended by sections 12(b), Notification to 13, and 14, is further amended by adding at the end thereof the fol- claimants. lowing new section: "SEC. 435. (a)(1) The Secretary of Health, Education, and Wei- 30 USC 945 fare shall promptly notify each claimant who has filed a claim for benefits under part B of this title and whose claim is either pending on the effective date of this section or has been denied on or before

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 92 STAT. 104

Referral-to Labor Secretary.

Approval and certification.

Payment. Referral to Labor Secretary, notification to claimants.

Determinations, transfers to Labor Secretary.

30 USC 925.

PUBLIC LAW 95-239—MAR. 1, 1978 that effective date, that, upon the request of the claimant, the claim shall be either— " (A) reviewed by the Secretary of Health, Education, and Welfare under paragraph (2) for a determination based on the evidence on file, taking into account the amendments made by the Black Lung Benefits Reform Act of 1977; or "(B) referred directly by the Secretary of Health, Education, and Welfare to the Secretary of Labor for a determination under paragraph (3), with an opportunity for the claimant to present additional medical or other evidence in accordance with that paragraph, taking into account the amendments made by the Black Lung Benefits Reform Act of 1977. "(2)(A) The Secretary of Health, Education, and Welfare shall approve forthwith each claim for which review is requested under paragraph (1)(A) if, based upon the evidence on file, the provisions of part B of this title, as amended by the Black Lung Benefits Reform Act of 1977, require such approval. The Secretary of Health, Education, and Welfare shall certify such approval to the Secretary of Labor and such approval shall be binding upon the Secretary of Labor as an initial determination of eligibility. Upon receipt of that certification, the Secretary of Labor shall immediately make or otherwise provide for the payment of the claim in accordance with this part. "(B)(i) The Secretary of Health, Education, and Welfare shall refer to the Secretary of Labor any claim not approved under subparagraph (A) for a determination under paragraph (3), and shall notify the claimant of that referral to the Secretary of Labor for such a determination. "(ii) The Secretary of Health, Education, and Welfare shall notify each claimant whose claim has been approved under subparagraph (A) that, if the claimant disputes the scope or terms of the award, such dispute shall be referred to the Secretary of Labor for a determination under paragraph (3). "(C) Upon the completion of the review of any claim by the Secretary of Health, Education, and Welfare under this paragraph, the responsibility for further action with respect to such claim shall be transferred to the Secretary of Labor. The Secretary of Labor shall consider each such claim in accordance with paragraph (3). "(3)(A) Except as provided in this section, the Secretary of Labor shall treat each claim referred by the Secretary of Health, Education, and Welfare under paragraph (1)(B) or (2)(B) as if it were a claim filed under this part. The provisions of subsection (b) shall ^PPl.y to any determination of the Secretary with respect to any such claim referred to the Secretary. "(B) The Secretary of Health, Education, and Welfare shall promptly furnish to the Secretary of Labor all pertinent information in the possession of the Department of Health, Education, and Welfare relating to claims referred to the Secretary of Labor under this subsection.. "(4) For the purposes of any determination by the Secretary of Labor under paragraph (3), the date of the request under paragraph (1) shall be considered the date of filing of the claim. "(b)(1) The Secretary of Labor shall review each claim which has been denied under this part (or under section 415) on or before the effective date of this subsection, and each claim which is pending under this part (or under section 415) on such effective date, taking into account the amendments made to this part by the Black Lung Benefits Keform Act of 1977. The Secretary shall approve any such claim forth-

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Summa Theologiae/Second Part of the Second Part/Question 69

Question. 69 - OF SINS COMMITTED AGAINST JUSTICE ON THE PART OF THE DEFENDANT (FOUR ARTICLES)
We must now consider those sins which are committed against justice on the part of the defendant. Under this head there are four points of inquiry:

(1) Whether it is a mortal sin to deny the truth which would lead to one's condemnation?

(2) Whether it is lawful to defend oneself with calumnies?

(3) Whether it is lawful to escape condemnation by appealing?

(4) Whether it is lawful for one who has been condemned to defend himself by violence if he be able to do so?

Art. 1 - Whether one can, without a mortal sin, deny the truth which would lead to one's condemnation?
Objection 1: It would seem one can, without a mortal sin, deny the truth which would lead to one's condemnation. For Chrysostom says (Hom. xxxi super Ep. ad Heb.): "I do not say that you should lay bare your guilt publicly, nor accuse yourself before others." Now if the accused were to confess the truth in court, he would lay bare his guilt and be his own accuser. Therefore he is not bound to tell the truth: and so he does not sin mortally if he tell a lie in court.

Objection 2: Further, just as it is an officious lie when one tells a lie in order to rescue another man from death, so is it an officious lie when one tells a lie in order to free oneself from death, since one is more bound towards oneself than towards another. Now an officious lie is considered not a mortal but a venial sin. Therefore if the accused denies the truth in court, in order to escape death, he does not sin mortally.

Objection 3: Further, every mortal sin is contrary to charity, as stated above (Q[24], A[12]). But that the accused lie by denying himself to be guilty of the crime laid to his charge is not contrary to charity, neither as regards the love we owe God, nor as to the love due to our neighbor. Therefore such a lie is not a mortal sin.

On the contrary, Whatever is opposed to the glory of God is a mortal sin, because we are bound by precept to "do all to the glory of God" (1 Cor. 10:31). Now it is to the glory of God that the accused confess that which is alleged against him, as appears from the words of Josue to Achan, "My son, give glory to the Lord God of Israel, and confess and tell me what thou hast done, hide it not" (Joshua 7:19). Therefore it is a mortal sin to lie in order to cover one's guilt.

I answer that, Whoever acts against the due order of justice, sins mortally, as stated above (Q[59], A[4]). Now it belongs to the order of justice that a man should obey his superior in those matters to which the rights of his authority extend. Again, the judge, as stated above (Q[67], A[1]), is the superior in relation to the person whom he judges. Therefore the accused is in duty bound to tell the judge the truth which the latter exacts from him according to the form of law. Hence if he refuse to tell the truth which he is under obligation to tell, or if he mendaciously deny it, he sins mortally. If, on the other hand, the judge asks of him that which he cannot ask in accordance with the order of justice, the accused is not bound to satisfy him, and he may lawfully escape by appealing or otherwise: but it is not lawful for him to lie.

Reply to Objection 1: When a man is examined by the judge according to the order of justice, he does not lay bare his own guilt, but his guilt is unmasked by another, since the obligation of answering is imposed on him by one whom he is bound to obey.

Reply to Objection 2: To lie, with injury to another person, in order to rescue a man from death is not a purely officious lie, for it has an admixture of the pernicious lie: and when a man lies in court in order to exculpate himself, he does an injury to one whom he is bound to obey, since he refuses him his due, namely an avowal of the truth.

Reply to Objection 3: He who lies in court by denying his guilt, acts both against the love of God to whom judgment belongs, and against the love of his neighbor, and this not only as regards the judge, to whom he refuses his due, but also as regards his accuser, who is punished if he fail to prove his accusation. Hence it is written (Ps. 140:4): "Incline not my heart to evil words, to make excuses in sins": on which words a gloss says: "Shameless men are wont by lying to deny their guilt when they have been found out." And Gregory in expounding Job 31:33, "If as a man I have hid my sin," says (Moral. xxii, 15): "It is a common vice of mankind to sin in secret, by lying to hide the sin that has been committed, and when convicted to aggravate the sin by defending oneself."

Art. 2 - Whether it is lawful for the accused to defend himself with calumnies?
Objection 1: It would seem lawful for the accused to defend himself with calumnies. Because, according to civil law (Cod. II, iv, De transact. 18), when a man is on trial for his life it is lawful for him to bribe his adversary. Now this is done chiefly by defending oneself with calumnies. Therefore the accused who is on trial for his life does not sin if he defend himself with calumnies.

Objection 2: Further, an accuser who is guilty of collusion with the accused, is punishable by law (Decret. II, qu. iii, can. Si quem poenit.). Yet no punishment is imposed on the accused for collusion with the accuser. Therefore it would seem lawful for the accused to defend himself with calumnies.

Objection 3: Further, it is written (Prov. 14:16): "A wise man feareth and declineth from evil, the fool leapeth over and is confident." Now what is done wisely is no sin. Therefore no matter how a man declines from evil, he does not sin.

On the contrary, In criminal cases an oath has to be taken against calumnious allegations (Extra, De juramento calumniae, cap. Inhaerentes): and this would not be the case if it were lawful to defend oneself with calumnies. Therefore it is not lawful for the accused to defend himself with calumnies.

I answer that, It is one thing to withhold the truth, and another to utter a falsehood. The former is lawful sometimes, for a man is not bound to divulge all truth, but only such as the judge can and must require of him according to the order of justice; as, for instance, when the accused is already disgraced through the commission of some crime, or certain indications of his guilt have already been discovered, or again when his guilt is already more or less proven. On the other hand it is never lawful to make a false declaration.

As regards what he may do lawfully, a man can employ either lawful means, and such as are adapted to the end in view, which belongs to prudence; or he can use unlawful means, unsuitable to the proposed end, and this belongs to craftiness, which is exercised by fraud and guile, as shown above (Q[55], AA[3], seqq.). His conduct in the former case is praiseworthy, in the latter sinful. Accordingly it is lawful for the accused to defend himself by withholding the truth that he is not bound to avow, by suitable means, for instance by not answering such questions as he is not bound to answer. This is not to defend himself with calumnies, but to escape prudently. But it is unlawful for him, either to utter a falsehood, or to withhold a truth that he is bound to avow, or to employ guile or fraud, because fraud and guile have the force of a lie, and so to use them would be to defend oneself with calumnies.

Reply to Objection 1: Human laws leave many things unpunished, which according to the Divine judgment are sins, as, for example, simple fornication; because human law does not exact perfect virtue from man, for such virtue belongs to few and cannot be found in so great a number of people as human law has to direct. That a man is sometimes unwilling to commit a sin in order to escape from the death of the body, the danger of which threatens the accused who is on trial for his life, is an act of perfect virtue, since "death is the most fearful of all temporal things" (Ethic. iii, 6). Wherefore if the accused, who is on trial for his life, bribes his adversary, he sins indeed by inducing him to do what is unlawful, yet the civil law does not punish this sin, and in this sense it is said to be lawful.

Reply to Objection 2: If the accuser is guilty of collusion with the accused and the latter is guilty, he incurs punishment, and so it is evident that he sins. Wherefore, since it is a sin to induce a man to sin, or to take part in a sin in any way---for the Apostle says (Rom. 1:32), that "they . . . are worthy of death . . . that consent" to those who sin---it is evident that the accused also sins if he is guilty of collusion with his adversary. Nevertheless according to human laws no punishment is inflicted on him, for the reason given above.

Reply to Objection 3: The wise man hides himself not by slandering others but by exercising prudence.

Art. 3 - Whether it is lawful for the accused to escape judgment by appealing?
Objection 1: It would seem unlawful for the accused to escape judgment by appealing. The Apostle says (Rom. 13:1): "Let every soul be subject to the higher powers." Now the accused by appealing refuses to be subject to a higher power, viz. the judge. Therefore he commits a sin.

Objection 2: Further, ordinary authority is more binding than that which we choose for ourselves. Now according to the Decretals (II, qu. vi, cap. A judicibus) it is unlawful to appeal from the judges chosen by common consent. Much less therefore is it lawful to appeal from ordinary judges.

Objection 3: Further, whatever is lawful once is always lawful. But it is not lawful to appeal after the tenth day [*Can. Anteriorum, caus. ii, qu. 6], nor a third time on the same point [*Can. Si autem, caus. ii, qu. 6]. Therefore it would seem that an appeal is unlawful in itself.

On the contrary, Paul appealed to Caesar (Acts 25).

I answer that, There are two motives for which a man appeals. First through confidence in the justice of his cause, seeing that he is unjustly oppressed by the judge, and then it is lawful for him to appeal, because this is a prudent means of escape. Hence it is laid down (Decret. II, qu. vi, can. Omnis oppressus): "All those who are oppressed are free, if they so wish, to appeal to the judgment of the priests, and no man may stand in their way." Secondly, a man appeals in order to cause a delay, lest a just sentence be pronounced against him. This is to defend oneself calumniously, and is unlawful as stated above (A[2]). For he inflicts an injury both on the judge, whom he hinders in the exercise of his office, and on his adversary, whose justice he disturbs as far as he is able. Hence it is laid down (II, qu. vi, can. Omnino puniendus): "Without doubt a man should be punished if his appeal be declared unjust."

Reply to Objection 1: A man should submit to the lower authority in so far as the latter observes the order of the higher authority. If the lower authority departs from the order of the higher, we ought not to submit to it, for instance "if the proconsul order one thing and the emperor another," according to a gloss on Rom. 13:2. Now when a judge oppresses anyone unjustly, in this respect he departs from the order of the higher authority, whereby he is obliged to judge justly. Hence it is lawful for a man who is oppressed unjustly, to have recourse to the authority of the higher power, by appealing either before or after sentence has been pronounced. And since it is to be presumed that there is no rectitude where true faith is lacking, it is unlawful for a Catholic to appeal to an unbelieving judge, according to Decretals II, qu. vi, can. Catholicus: "The Catholic who appeals to the decision of a judge of another faith shall be excommunicated, whether his case be just or unjust." Hence the Apostle also rebuked those who went to law before unbelievers (1 Cor. 6:6).

Reply to Objection 2: It is due to a man's own fault or neglect that, of his own accord, he submits to the judgment of one in whose justice he has no confidence. Moreover it would seem to point to levity of mind for a man not to abide by what he has once approved of. Hence it is with reason that the law refuses us the faculty of appealing from the decision of judges of our own choice, who have no power save by virtue of the consent of the litigants. On the other hand the authority of an ordinary judge depends, not on the consent of those who are subject to his judgment, but on the authority of the king or prince who appointed him. Hence, as a remedy against his unjust oppression, the law allows one to have recourse to appeal, so that even if the judge be at the same time ordinary and chosen by the litigants, it is lawful to appeal from his decision, since seemingly his ordinary authority occasioned his being chosen as arbitrator. Nor is it to be imputed as a fault to the man who consented to his being arbitrator, without adverting to the fact that he was appointed ordinary judge by the prince.

Reply to Objection 3: The equity of the law so guards the interests of the one party that the other is not oppressed. Thus it allows ten days for appeal to be made, this being considered sufficient time for deliberating on the expediency of an appeal. If on the other hand there were no fixed time limit for appealing, the certainty of judgment would ever be in suspense, so that the other party would suffer an injury. The reason why it is not allowed to appeal a third time on the same point, is that it is not probable that the judges would fail to judge justly so many times.

Art. 4 - Whether a man who is condemned to death may lawfully defend himself if he can?
Objection 1: It would seem that a man who is condemned to death may lawfully defend himself if he can. For it is always lawful to do that to which nature inclines us, as being of natural right, so to speak. Now, to resist corruption is an inclination of nature not only in men and animals but also in things devoid of sense. Therefore if he can do so, the accused, after condemnation, may lawfully resist being put to death.

Objection 2: Further, just as a man, by resistance, escapes the death to which he has been condemned, so does he by flight. Now it is lawful seemingly to escape death by flight, according to Ecclus. 9:18, "Keep thee far from the man that hath power to kill [and not to quicken]" [*The words in the brackets are not in the Vulgate]. Therefore it is also lawful for the accused to resist.

Objection 3: Further, it is written (Prov. 24:11): "Deliver them that are led to death: and those that are drawn to death forbear not to deliver." Now a man is under greater obligation to himself than to another. Therefore it is lawful for a condemned man to defend himself from being put to death.

On the contrary, The Apostle says (Rom. 13:2): "He that resisteth the power, resisteth the ordinance of God: and they that resist, purchase to themselves damnation." Now a condemned man, by defending himself, resists the power in the point of its being ordained by God "for the punishment of evil-doers, and for the praise of the good" [*1 Pet. 2:14]. Therefore he sins in defending himself.

I answer that, A man may be condemned to death in two ways. First justly, and then it is not lawful for the condemned to defend himself, because it is lawful for the judge to combat his resistance by force, so that on his part the fight is unjust, and consequently without any doubt he sins.

Secondly a man is condemned unjustly: and such a sentence is like the violence of robbers, according to Ezech. 22:21, "Her princes in the midst of her are like wolves ravening the prey to shed blood." Wherefore even as it is lawful to resist robbers, so is it lawful, in a like case, to resist wicked princes; except perhaps in order to avoid scandal, whence some grave disturbance might be feared to arise.

Reply to Objection 1: Reason was given to man that he might ensue those things to which his nature inclines, not in all cases, but in accordance with the order of reason. Hence not all self-defense is lawful, but only such as is accomplished with due moderation.

Reply to Objection 2: When a man is condemned to death, he has not to kill himself, but to suffer death: wherefore he is not bound to do anything from which death would result, such as to stay in the place whence he would be led to execution. But he may not resist those who lead him to death, in order that he may not suffer what is just for him to suffer. Even so, if a man were condemned to die of hunger, he does not sin if he partakes of food brought to him secretly, because to refrain from taking it would be to kill himself.

Reply to Objection 3: This saying of the wise man does not direct that one should deliver a man from death in opposition to the order of justice: wherefore neither should a man deliver himself from death by resisting against justice.


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Page:United States Statutes at Large Volume 92 Part 1.djvu/159

 PUBLIC LAW 95-239—MAR. 1, 1978

92 STAT. 105

with if the provisions of this part, as so amended, require that approval, and the Secretary shall immediately make or otherwise provide for the payment of the claim in accordance with this part. "(2)(A) The Secretary, in carrying out the review of any claim Evidence under paragraph (1) and in making any determination under subsec- requirement, tion (a)(3), shall not require any additional medical or other evidence to be submitted if the evidence on file is sufficient for approval of the claim, taking into account the amendments made to this part by the Black Lung Benefits Reform Act of 1977. "(B) If the evidence on file is not sufficient for approval of the claim, the Secretary shall provide an opportunity for the claimant to present additional medical or other evidence to substantiate his or her claim and shall notify each claimant of that opportunity. "(c) Any individual whose claim is approved pursuant to this section shall be awarded benefits on a retroactive basis for a period which begins no earlier than January 1, 1974.". s SHORT TITLE FOR THE

ACT

SEC. 16. Section 401 of the Act is amended by inserting " (a) " after 30 USC 901. "SEC. 401." and by adding at the end thereof the following ncAv subsection: "(b) This title may be cited as the 'Black Lung Benefits Act'.". ,

R-:

j

OCCUPATIONAL DISEASE STUDY

SEC. 17. (a) The Secretary of Labor, in cooperation with the Director of the National Institute for Occupational Safety and Health, shall conduct a study of all occupationally related pulmonary and respiratory diseases, including the extent and severity of such diseases in the United States. Such study shall further include analyses of (1) any otiologic, symptomatologic, and pathologic factors which are similar to such factors in coal workers' pneumoconiosis and its sequelae; (2) the adequacy of current workers' compensation programs in compensating individuals with such diseases; and (3) the status and adequacy of Federal health and safety laws and regulations relating to the industries with which such diseases are associated. (b) The study required in subsection (a) shall be completed and a report thereon submitted to the President and to the appropriate committees of the Congress no later than 18 months after the date of the enactment of this A.ct.

29 USC 675 note.

Report to President and cong committees.

FIELD OFFICE S

SEC. 18. (a) The Secretary of Labor shall establish and operate such field offices as may be necessary to assist miners and survivors of miners in the filing and processing of claims under title IV of the Act. Such field offices shall, to the extent feasible, be reasonably accessible to such miners and survivors. The Secretary, in connection with the establishment and operation of field offices, may enter into arrangements with other Federal departments and agencies, and with State agencies, for the use of existing facilities operated by such departments and agencies. Where the establishment of separate facilities is not feasible the Secretary may enter into such arrangements as he deems necessary with the heads of Federal departments, agencies, and instrumentalities and with State agencies for the use of existing facilities and personnel under their control. (b) There are authorized to be appropriated for the purposes of subsection (a) such sums as may be necessary.

Establishment. 30 USC 903. 30 USC 901. Arrangements with Federal and State agencies.

Appropriation authorization.

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 92 STAT. 106

PUBLIC LAW 95-239—MAR. 1, 1978 INFORMATION TO POTENTIAL

30 USC 904. 30 USC 901.

Assistance.

BENEFICIARIES

SEC. 19. The Secretary of Health, Education, and Welfare and the Secretary of Labor shall disseminate to interested persons and groups the changes in title IV of the Act made by this Act, together with an explanation of such changes, and shall undertake, through appropriate organizations, groups, and coal mine operators, to notify individuals who are likely to have become eligible for benefits by reason of such changes. Individual assistance in preparing and processing claims shall be offered by the Secretary of Health, Education, and Welfare and the Secretary of Labor and provided to potential beneficiaries. EFFECTIVE DATES

30 USC 901 note. 30 USC 934a note. Ante, p. 12.

Additional rules and regulations.

26 USC 4121 note. Ante, p. 24.

SEC. 20. (a) The provisions of this Act shall take effect on the date of the enactment of this Act. (b) In the event that the payment of benefits to miners and to eligible survivors of miners cannot be made from the Black Lung Disability Trust Fund established by section 3(a) of the Black Lung Benefits Revenue Act of 1977, the provisions of the Act relating to the payment of benefits to miners and to eligible survivors of miners, as in effect immediately before the date of the enactment of this Act, shall take effect, as rules and regulations of the Secretary of Labor until such provisions are revoked, amended, or revised by law. The Secretary of Labor may promulgate additional rules and regulations to carry out such provisions and shall make benefit payments to miners and to eligible survivors of miners in accordance with such provisions. (c) In accordance with the requirements of section 5 of the Black Lung Benefits Revenue Act of 1977, it is hereby provided that such Act shall take effect in accordance with the provisions of such Act. The provisions of this subsection are hereby deemed to be in explicit satisfaction of the requirements of section 5 of such Act. Approved March 1, 1978.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 95-151 (Comm. on Education and Labor) and No. 95-864 (Comm. of eonference). SENATE REPORTS: No. 95-209 accompanying S. 1538 (Comm. on Human Resources) and No. 95-336 (Comm. on Finance). CONGRESSIONAL RECORD: Vol. 123 (1977): July 21, S. 1538 considered in Senate. July 25, Sept. 19, considered and passed House. Sept. 20, considered and passed Senate, amended, in lieu of S. 1538. Vol. 124 (1978): Feb. 6, Senate agreed to eonference report. Feb. 15, House agreed to eonference report. WEEKLY eOMPILATION OF PRESIDENTIAL DOeUMENTS: Vol. 14, No. 9 (1978): Mar. 1, Presidential statement.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/161

 PUBLIC LAW 95-240—MAR. 7, 1978

92 STAT. 107

Public Law 95-240 95th Congress An Act Making supplemental appropriations for the fiscal year ending September 30, 1978, and for other purposes.

Mar. 7, 1978 [H.R. 9375]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the followinj^ Supplemental sums are appropriated out of any money in the Treasury not other- Appropriations wise appropriated to supply supplemental appropriations (this Act Act, 1978. may be cited as the "Supplemental Appropriations Act, 1978") for the fiscal year ending September 30, 1978, and for other purposes, namely: TITLE I CHAPTER I DEPARTMENT OF AGRICULTURE OFFICE or THE SECRETARY

For an additional amount for the "Office of the Secretary", $145,000: Provided, That the limitation of $1,500,000 in transfers for salaries and expenses under this head in the Agriculture and Related Agencies Appropriations Act, 1978, (Public Law 95-97) is increased to 91 Stat. 810. $2,164,000. AGRICULTURAL MARKETING SERVICE MARKETING SERVICES

For an additional amount for the "Agricultural Marketing Service, Marketing Services", $2,000,000. FEDERAL CROP INSURANCE CORPORATION SUBSCRIPTION TO CAPITAL STOCK

To enable the Secretary of the Treasury to subscribe and pay for capital stock of the Federal Crop Insurance Corporation, as provided in section 504 of the Federal Crop Insurance Act (7 U.S.C. 1504), $30,000,000. FARMERS H O M E ADMINISTRATION VERY L O W - I N C O M E HOUSING REPAIR GRANTS

For an additional amount for "Very Low-Income Housing Repair Grants", $4,000,000. SOIL CONSERVATION SERVICE WATERSHED AND FLOOD PREVENTION OPERATIONS

For an additional amount for emergency measures for runoff retardation and soil-erosion prevention, as provided by section 216 of the Flood Control Act of 1950 (33 U.S.C. 701b-l) in addition to

39-194 O—80—pt. 1

11: QL3

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Page:United States Statutes at Large Volume 92 Part 1.djvu/162

 92 STAT. 108

PUBLIC LAW 95-240—MAR. 7, 1978 funds provided elsewhere, $30,000,000, to remain available until expended. AGRICULTURAL '

•

STABILIZATION AND CONSERVATION

SERVICE

AGRICULTURAL CONSERVATION PROGRAM

For an additional amount to carry out the Agricultural Conservation Program, $36,600,000, to incur obligations for the period ending September 30, 1978, and to liquidate such obligations for soil and water conserving practices in major drought or flood damage areas as designated by the President or the Secretary of Agriculture: Provided, That not to exceed 5 per centum of the amount herein may be withheld with the approval of the State committee and allotted to the Soil Conservation Service for services of its technicians in the designated drought or flood damaged areas. CHAPTER INDEPENDENT ENVIRONMENTAL

II AGENCIES

PROTECTION

AGENCY

RESEARCH AND DEVELOPMENT

For an additional amount for "Research and development", $44,200,000, to remain available until September 30, 1979. ABATEMENT AND CONTROL

33 USC 1288.

For an additional amount for "Abatement and control", $85,000,000, to remain available until September 30, 1979: Provided, That none of these funds shall be used for any g r a n t to cover in excess of 75 per centum of the total cost of the purposes to be carried out by such g r a n t made pursuant to the authority contained in section 208 of the Federal W a t e r Pollution Control Act, as amended. CONSTRUCTION GRANTS

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

For necessary expenses to carry out Title II of the Federal "Water Pollution Control Act, as amended, other than sections 206, 208, and 209, $4,500,000,000, to remain available until expended: Provided, That ^\y^ funds shall be allotted in accordance with table 3 of committee p r i n t immbered 95-30 of the Committee on Public W o r k s and Transportation of the House of Representatives. GENERAL SERVICES

ADMINISTRATION

CONSUMER INFORMATION

CENTER

For an additional amount for travel, from funds previously appropriated for the Consumer Information Center, $5,000. J-*--'-/--' !

91 Stat. 262.

'"••••"•'•y-

VETERANS ADMINISTRATION

>'•'

GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE FACILITIES

For an additional amount for " G r a n t s for construction of State extended care facilities" to assist the several States in the provision of State extended care facilities, as authorized by Public Law 95-62,

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 PUBLIC LAW 95-240—MAR. 7, 1978

92 STAT. 109

$5,000,000, to remain available until September 30, 1980: Provided, That all unobligated balances from prior appropriations made available for carrying out 38 U.S.C. 644 and 5031-5037 shall also be available for purposes authorized by Public Law 95-62. 91 Stat. 262. ASSISTANCE FOR H E A L T H MANPOWER TRAINING INSTITUTIONS

For an additional amount for "Assistance for health manpower training institutions" for pilot programs for assistance in the establishment of new State medical schools, as authorized by 38 U.S.C chapter 82, section 5072, $3,847,000, to remain available until September 30, 1984. ,

CHAPTER i n

DEPARTMENT OF THE INTERIOR

 * s

UNITED STATES F I S H AND WILDLIFE SERVICE CONSTRUCTION AND ANADROMOUS FISH

For an additional amount for "Construction and anadromous fish", $3,600,000, to remain available until expended. GEOLOGICAL SURVEY SURVEYS, I N V E S T I G A T I O N S, AND RESEARCH

For an additional amount for "Surveys, investigations, and research", $2,000,000. OFFICE or SURFACE MINING RECLAMATION AND ENFORCEMENT ENFORCEMENT AND RESEARCH

f

For necessary expenses to carry out the provisions of the Surface Mining Control and Reclamation Act of 1977, Public Law 95-87, 30 USC 1201 $30,880,000. note. ABANDONED M I N E

RECLAMATION

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses to carry out the provisions of Title IV of the Surface Mining Control and Reclamation Act of 1977, Public Law 95-87, $36,647,000, to remain available until expended: Provided, That 30 USC 1231. $36,647,000 shall be transferred from unappropriated receipts of the Abandoned Mine Reclamation Fund into the General Fund of the Treasury prior to September 30, 1978. ADMINISTRATIVE PROVISIONS

Appropriations for the Office of Surface Mining Reclamation and Enforcement shall be available for the purchase of not to exceed 58 passenger motor vehicles: Provided, That none of the funds provided in this Act for the Office of Surface Mining Reclamation and Enforcement shall be available for the compensation of Executive Level IV or higher positions: Provided further, That section 201(b) 5 USC 5315. of the Surface Mining Control and Reclamation Act of 1977 (91 Stat. 445) is amended to delete the roman numeral "IV" in the first 30 USC 1211. sentence and substitute the roman numeral "V" in lieu thereof.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/164

 92 STAT. 110

PUBLIC LAW 95-240—MAR. 7, 1978 BUREAU

OF I N D I A N

AFFAIRS

OPERATION OF INDIAN PROGRAMS

For an additional amount for "Operation of Indian programs", $8,374,000. '

'

CONSTRUCTION

For an additional amount for "Construction", $2,166,000, to remain available until expended: Provided, That not to exceed $1,685,000 shall be available to assist the Tulalip Indian Tribes for planning, engineering, and initial ground preparation for construction of a fish hatchery on P u g e t S o u n d; and not to exceed $181,000 shall be available to assist the Point-No-Point T r e a t y Tribes, including the tribes of Lower E l w h a, Skokomish and P o r t Gamble, for expansion of salmon enhancement facilities. OFFICE OF TERRITORIAL

AFFAIRS

 * ADMINISTRATION OF TERRITORIES

For an additional amount for "Administration of territories", $1,798,000, for necessary expenses of the Federal Comptrollers' Offices for Guam and the Virgin Islands: Provided, That none of the funds in this appropriation or any appropriation with which it may be merged shall be used to implement or finance loan guarantee programs unless specific provision is made for such programs in future appropriation Act s: Provided further, That funds available for expenses of the Office of the Government Comptroller for the V i r g i n Islands derived from " I n t e r n a l Revenue Collections for Virgin Islands " and expenses of the Office of the Government Comptroller for Guam derived from duties and taxes pursuant to Public Law 95-74 and such sums as were unobligated in those accounts as of October 1, 1977 shall be returned to the Governments of the Virgin Islands and Guam.

91 Stat. 285.

OFFICE OF THE SOLICITOR SALARIES AND EXPENSES

For an additional amount for "Salaries and expenses", $1,100,000. OFFICE OF THE

SECRETARY

SALARIES AND EXPENSES

For an additional amount for "Salaries and expenses", $250,000. DEPARTMENTAL OPERATIONS

For an additional amount for "Departmental operations", $795,000. .,

..

RELATED AGENCIES DEPARTMENT OF AGRICULTURE FOREST SERVICE

,.

I

FOREST PROTECTION AND

,

UTILIZATION

For an additional amount for "Forest protection and utilization", for "Forest land management", $1,836,000.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/165

 PUBLIC LAW 95-240—MAR. 7, 1978 E N E R G Y EESEARCII AND DEVELOPMENT OPEKATINC; EXPENSES—FOSSIL

92 STAT. I l l

ADMINISTRATION FUELS

For an additional amount for " Operating expenses—fossil fuels", $1,000,000. FEDERAL ENERGY

ADMINISTRATION

SALARIES AND E X P E N S E S

For an additional amount for "Salaries and expenses", $273,194,000, of which $253,110,000 shall become available only upon enactment of authorizing legislation as follows: (1) for conservation grants for schools and health care facilities, $200,000,000; for conservation g r a n t s for local government buildings, $25,000,000; for grants for financial assistance to utility regulatory commissions, $6,630,000; for solar heating and cooling installations in Federal buildings, $20,000,000; to remain available for obligation until September 30, 1979; and (2) for administration of grants for schools and health care facilities, local government buildings, and utility rate reform, $1,480,000: Provided, That of the total amount of this appropriation, not to exceed $6,000,000 shall remain available until expended for a reserve to cover any defaults from loan guarantees issued to develop underground coal mines as authorized by Public Law 94-163: Provided 42 USC 6201 further, That the indebtedness guaranteed or committed to be °ot®guaranteed under said law shall not exceed the aggregate of $62,000,000. STRATEGIC PETROLEUM RESERVE

For an additional amount for "Stragetic petroleum reserve", $383,173,000, to remain available until December 31, 1978. CHAPTER IV DEPARTMENT OF LABOR EMPLOYMENT STANDARDS

ADMINISTRATION

SALARIES A N D EXPENSES

For an additional amount for "Salaries and expenses", $3,700,000. DEPARTMENTAL

MANAGEMENT

SALARIES AND EXPENSES

For an additional amount for "Salaries and expenses", $1,270,000. DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE H E A L T H RESOURCES

ADMINISTRATION

MEDICAL F A C I L I T I E S GUARANTEE AND LOAN F U N D

Of the loan principal allotted under title VI of the Public Health Service Act for fiscal year 1973 which remained unobligated on 42 USC 291. September 30, 1976, not to exceed $2,000,000 shall be available to honor commitments made by the Secretary prior to October 1, 1976, to make or guarantee loans under such title VI.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/166

 92 STAT. 112

PUBLIC LAW 95-240—MAR. 7, 1978 OFFICE OF EDUCATION HIGHER EDUCATION

20 USC 1132b.

For an additional amount for "Higher education", $5,000,000 for the support of the construction of two demonstration model intercultural centers as authorized by section 721(a)(2) of the Higher Education Act of 1965 as amended: Provided, That in addition the Commissioner is to make available new construction loans not to exceed $7,200,000 from amounts available in the Higher Education Facilities Loan and Insurance Fund for the construction of two demonstration model intercultural centers. STUDENT LOAN INSURANCE F U N D

The Commissioner is authorized to issue to the Secretary of the Treasury notes or other obligations in an amount not to exceed a total of $15,000,000 to remain available without fiscal year limitation. '

•

SOCIAL SECURIITT ADMINISTRATION

SPECIAL A S S I S T A N C E TO REFUGEES FROM CAMBODIA, VIETNAM, AND LAOS I N THE UNITED STATES

For assistance to refugees from Cambodia, Vietnam, and Laos in the United States, $124,000,000. DEPARTMENTAL MANAGEMENT GENERAL DEPARTMENTAL 3IANAGEMENT

For an additional amount for "General Departmental Management", $1,719,000 for compensating the State of Washington for losses it incurs in vacating and turning over to the United States the land and all improvements thereon which was formerly the site of the Tacoma Indian Hospital in Tacoma, Washington. RELATED AGENCIES CoM3iuNiTY

SERVICES ADMINISTRATION

COMMUNITY

SERVICES

PROGRAM

For an additional amount for "Community services program", $200,000,000. CHAPTER V ENERGY RESEARCH AND DEVELOPMENT ADMINISTRATION OPERATING EXPENSES

89 Stat. 1035. 90 Stat. 889.

For an additional amount for "Operating expenses", to remain available until expended, $101,000,000; of which $80,000,000 shall be for the Clinch River Breeder Reactor Project. Not to exceed $17,000,000 of the funds appropriated for "Operating expenses" in the Public Works for Water and Power Development and Energy Research Appropriation Acts for fiscal years 1976 (Public Law 94-180) and 1977 (Public Law 94-355) are hereby made available to reimburse the General Services Administration for the expenses of renovation, furnishing and repair of facilities necessary to provide

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 PUBLIC LAW 95-240—MAR. 7, 1978

92 STAT. 113

temporary and permanent space for personnel relocated as a result of the establishment and activation of the Department of Energy. DEPARTMENT OF DEFENSE—CIVIL DEPARTMENT OF THE ARMY CORPS OF ENGINEERS—CrviL ALASKA HYDROELECTRIC POWER DEVELOPMENT F U N D

For the purpose of carrying out the provisions of section 203 of the Water Resources Development Act of 1976 (Public Law 94^587), 42 USC $5,450,000, to remain available until expended: Provided, That no part 1962d-14a. of this appropriation or any other amount in this fund shall be available to guarantee any obligations in excess of the amount appropriated herein. DEPARTMENT OF THE I N T E R I O R BUREAU OF RECLAMATION UPPER COLORADO RIVER STORAGE PROJECT (TRANSFER OF FUNDS)

For an additional amount for "Upper Colorado River Storage Project", for construction of recreational and fish and wildlife facilities authorized by section 8 of the Act of April 11, 1956, as amended, 43 USC 620g. $875,000, to be derived by transfer from "Construction and Rehabilitation". DROUGHT EMERGENCY ASSISTANCE

i

Funds appropriated under this heading in the Supplemental Appropriations Act, 1977, Public Law 95-26, shall remain available until 91 Stat. 88. November 30, 1977. CHAPTER VI ^

^

DEPARTMENT OF J U S T I C E LEGAL ACTIVITIES SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES (TRANSFER OF FUNDS)

For an additional amount for "Salaries and expenses. General legal activities", $1,445,000, to be derived by transfer from "Salaries and expenses", Law Enforcement Assistance Administration. SALARIES AND EXPENSES, ANTITRUST DIVISION (TRANSFER OF FUNDS)

For an additional amount for "Salaries and expenses, Antitrust Division", $1,223,000, to be derived by transfer from "Salaries and expenses", Law Enforcement Assistance Administration.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/168

 92 STAT. 114

PUBLIC LAW 95-240—MAR. 7, 1978 DEPARTMENT OF COMMERCE BUREAU OF THE C E N S U S PERIODIC CENSUSES AND PROGRAMS

For an additional amount for "Periodic censuses and programs", $7,000,000, to remain available until expended. RELATED AGENCIES COMMISSION ON SECURITY AND COOPERATION I N E U R O P E SALARIES AND EXPENSES

90 Stat. 955.

91 Stat. 437.

Not to exceed $1,000 of the funds a p p r o p r i a t e d under this heading in the Departments of State, Justice, and Commerce, the Judiciary, and Related Agencies Appropriation Act, 1977, shall be available for official reception and representation expenses. Not to exceed $6,000 of the funds appropriated under this heading in the Departments of State, Justice, and Commerce, the J u d i c i a r y, and Related Agencies Appropriation Act, 1978, shall be available for official reception and representation expenses. OFFICE or

THE SPECIAL REPRESENTATIVE FOR TRADE NEGOTIATIONS SALARIES AND EXPENSES

Not to exceed $15,000 of the funds appropriated under this heading in the Departments of State, Justice, and Commerce, the J u d i c i a r y, and Related Agencies Appropriation Act, 1978, shall be available for official reception and representation expenses. S M A L L B U S I N E S S ADMINISTRATION DISASTER LOAN FUND

For additional capital for the "Disaster loan fund", $1,400,000,000, to remain available without fiscal year limitation. CHAPTER VII INDEPENDENT AGENCIES GENERAL SERVICES ADMINISTRATION FEDERAL BUILDINGS F U N D LIMITATIONS ON AVAILABILITY OF REVENUE

I n addition to the aggregate amount made available for construction under this heading in the "Independent Agencies Appropriations Act, 1978", $48,913,000 shall remain available until expended for construction of buildings in addition to the amounts previously specified in other appropriation acts as available until expended (including

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Page:United States Statutes at Large Volume 92 Part 1.djvu/169

 PUBLIC LAW 95-240—MAR. 7, 1978

92 STAT. 115

funds for sites and expenses) and the limitation on the amount available for construction of buildings is increased to $69,392,000 by additions as follows: New construction: California: S a n Jose, Federal Office Building, $34,130,000; Massachusetts: Springfield, Courthouse, Federal Office Building, and p a r k i n g facility, $14,783,000: Provided, That the immediately foregoing limits of costs may be exceeded to the extent that savings are effected in other such projects, but by not to exceed 10 per centum. ALLOWANCES AND OFFICE S T A F F FOR FORMER PRESIDENTS

For an additional amount for Allowances and Office Staff for Former Presidents to carry out the provisions of Public Law 95-138, approved 91 Stat. 1170. October 18, 1977, $54,000. CHAPTER

VIII

DEPARTMENT OF DEFENSE OPERATION AND M A I N T E N A N C E OPERATION AND MAINTENANCE, DEFENSE AGENCIES

For an additional amount for "Operation and Maintenance, Defense Agencies", $3,400,000. The amounts heretofore made available in fiscal year 1978 only for the Defense Logistics Agency and only for the Civilian Health and Medical Program of the Uniformed Services shall be available without regard to those limitations. PROCUREMENT AIRCRAFT P R O C U R E M E N T, NAVY

For an additional amount for " A i r c r a f t Procurement, Navy", $73,900,000, to remain available for obligation until September 30, 1980. A I R C R A F T P R O C U R E M E N T, AIR FORCE

For an additional amount for "Aircraft Procurement, A i r Force", $33,000,000, to remain available for obligation until September 30, 1980. Appropriations provided under this heading in the Department of Defense Appropriation Act, 1977, are rescinded in the amount of 90 Stat. 1288. $462,000,000. M I S S I L E PROCUREMENT, AIR FORCE

For a n additional amount for "Missile Procurement, A i r Force", $64,000,000, to remain available for obligation until September 30, 1980. Appropriations provided under this heading in the Department of Defense Appropriation Act, 1977, are rescinded in the amount of $1,400,000.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/170

 92 STAT. 116

PUBLIC LAW 95-240—MAR. 7, 1978 RESEARCH, DEVELOPMENT, T E S T, AND EvAiiliATiON RESEARCH, DEVELOPMENT, TEST, AND EVALUATION, A m FORCE

For an additional amount for "Research, Development, Test, and Evaluation, Air Force", $240,500,000, to remain available for obligation until September 30, 1979. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION, DEFENSE AGENCIES

For an additional amount for "Research, Development, Test, and Evaluation, Defense Agencies", $9,000,000, to remain available for obligation until September 30, 1979. ,

91 Stat. 909.

f

ADMINISTRATIVE PROVISION

S E C 101. (a) Section 856(a) of the Department of Defense Appropriation Act, 1978 (Public Law 95-111) is amended by adding the following proviso at the end thereof, ": Provided further, That notwithstanding the foregoing, time may be credited as active service in determining a member's eligibility for retirement under Section 6330 (b) of Title 10 pursuant to the provisions of the first sentence of Section 6330(d) of Title 10 for those members who have formally requested transfer to the Fleet Reserve or the Fleet Marine Corps Reserve on or before October 1, 1977". (b) Section 856(b) of the Department of Defense Appropriation Act, 1978 (Public Law 95-111) is amended by inserting the words "the second sentence of" before the words "Section 6330(d)". ,,

CHAPTER IX

DEPARTMENT OF TRANSPORTATION FEDERAL RAILROAD ADMINISTRATION GRANTS TO THE

NATIONAL RAILROAD PASSENGER CORPORATION

To enable the Secretary of Transportation to make grants to the National Railroad Passenger Corporation, $18,000,000, to remain available until expended, for operating losses incurred by the Corporation.

CHAPTER X DEPARTMENT OF STATE MIGRATION AND REFUGEE ASSISTANCE

For an additional amount for "Migration and Refugee Assistance", $6,300,000, to provide assistance for the transportation and reception and placement of Indochinese refugees resettling in the United States. •

''• <

TITLE II

GENERAL PROVISIONS 31 USC 724a.

SEC. 201. Section 1302 of the Supplemental Appropriation Act, 1957, as amended (31 U.S.C. 724(a)), is amended by inserting the following after "Title 28," the first time it appears: "the Act of

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Page:United States Statutes at Large Volume 92 Part 1.djvu/171

 PUBLIC LAW 95-240—MAR. 7, 1978

92 STAT. 117

December 28, 1922, chap. 17, 42 Stat. 1066, awards rendered by the Indian Claims Commission, and amounts (in excess of the amounts payable from agency appropriations) of claims determined meritorious under section 2733 or 2734 of Title 10, section 715 of Title 32, and section 203 of the National Aeronautics and Space Act of 1958,". SEC. 202. Any appropriation for the fiscal year 1978 required to be apportioned pursuant to 31 U.S.C. 665, may be apportioned on a basis indicating the need (to the extent any such increases cannot be absorbed within available appropriations) for a supplemental or deficiency estimate of appropriation to the extent necessary to permit payment of such pay increases as may be granted pursuant to law to civilian officers and employees and to active and retired military personnel. E a c h such appropriation shall otherwise be subject to the requirements of 31 U.S.C. 665. SEC. 203. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. SEC. 204. The provisions of sections 491(c) and 491(d) of the Legislative Reorganization Act of 1970, as amended (2 U.S.C. 8 8 b - l), shall not apply to the pay of pages of the Senate and House of Representatives during the period between the recess or adjournment of the first session of the Ninety-fifth Congress and the convening of the second session of the Ninety-fifth Congress. The p a y of Senate and House pages shall continue during such period of recess or adjournment. SEC. 205. Effective October 1, 1977, section 106(a)(8) of the Legislative Branch Appropriation Act, 1963 (2 U.S.C. 6 0 j (a)(8)), is amended by inserting "Deputy Chief Guide," after "Chief Guide,". SEC. 206. Effective October 1, 1977, section 111 of the Legislative Branch Appropriation Act, 1978, is amended— (1) by striking out " a n amount equal to three times the amount referred to in section 105(e)(1) of such Act, as amended and modified" in subsection (a) and inserting in lieu thereof "$149,286"; and (2) by striking out "the amount referred to in section 105(e)(1) of the Legislative Branch Appropriation Act, 1968, as amended and modified," each place it appears in subsection (b) and inserting in lieu thereof "$49,762". SEC. 207. Section 114 of the Legislative Branch Appropriation Act, 1978, is amended by striking out "each of which is in the office of a Senator and the p a y for which is disbursed by the Secretary of the Senate" and inserting in lieu thereof " the pay for each of which is disbursed by the Secretary of the Senate out of an appropriation

31 USC 216 note.

under the heading 'SALARIES, OFFICERS AND EMPLOYEES'.".

SEC. 208. Effective August 5, 1977, the last sentence of section 506(e) of the Supplemental Appropriations Act, 1973 (2 U.S.C. 5 8 (e)) is amended by inserting after "Office of the " the following: "President p r o tempore. Deputy President pro tempore,". SEC. 209. The Secretary of Transportation shall, not later than 60 days after the date of enactment of this Act, designate as a route on the National System of Interstate and Defense Highways, from mileage withdrawn from such System before the date of enactment of this Act under authority of 23 U.S.C. 103(e), and which is available for such a designation, 1.5 miles in the State of Washington for a connection with Interstate Route 5 and the City of Tacoma, Washington.

10 USC 2733, 2734. 32 USC 715. 42 USC 2473.

Fiscal year limitation. Congressional pages, salaries.

2 USC 61-1 note.

2 USC 61-1.

2 USC 61-la.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/172

 92 STAT. 118 Arms export licenses. 22 USC 2372a.

PUBLIC LAW 95-240—MAR. 7, 1978 SEC. 210. Any export license referred to in Section 11 of Public Law 95-92 which is issued initially on or before September 30, 1978 may from time to time thereafter be renewed, reissued or modified (or in the event of lapse of such license, replacement licenses may be issued), provided that any such renewal, reissuance or modification (or any such replacement license) does not change significantly any such license as initially issued. Approved March 7, 1978.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 95-644 (Comm. on Appropriations), and No. 95-812 and No. 95-829 (both from Comm. of Conference). SENATE REPORT No. 95-564 (Comm. on Appropriations). CONGRESSIONAL RECORD: Vol. 123 (1977): Oct. 19, 20, 25, considered and passed House. Nov. 1, considered and passed Senate, amended. Nov. 30, House recomitted conference report. Dec. 6, House agreed to conference report. Dec. 7, Senate agreed to conference report and insisted on its amendment No. 43. Vol. 124 (1978): Feb. 1, Senate further insisted on its amendment No. 43 and requested further conference. Feb. 22, House receded and concurred in Senate amendment No. 43. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS: Vol. 14, No. 10 (1978): Mar. 7, Presidential statement.

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 PUBLIC LAW 95-241—MAR. 8, 1978

92 STAT. 119

Public Law 95-241 95th Congress An Act To amend the Federal Aviation Act of 1958 relating to eligibility for registration of aircraft.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) section 501 (b)(1)(A)(i) of the Federal Aviation Act of 1958 (49 U.S.C. 1401 (b)(1)(A)(i)) is amended by striking out "citizen of the United States (other than a corporation)" and inserting in lieu thereof "citizen of the United States". (b) Section 501(b)(1)(A) (ii) of the Federal Aviation Act of 1958 (49 tJ.S.C. 1401(b)(1)(A) (ii)) is amended by inserting "(other than a corporation which is a citizen of the United States)" immediately after "corporation". Approved March 8, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-868 (Comm. on Public Works and Transportation). SENATE REPORT No. 95-637 (Comm. on Commerce). CONGRESSIONAL RECORD, Vol. 124 (1978): Feb. 21, considered and passed House. Feb. 23, considered and passed Senate.

Mar. 8, 1978 [H.R. 10368]

Federal Aviation Act of 1958, amendment. Aircraft registration, eligibility.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/174

 92 STAT. 120

PUBLIC LAW 95-242—MAR. 10, 1978

Public Law 95-242 95th Congress An Act Mar. 10, 1978 [H.R. 8638] Nuclear NonProliferation Act of 1978. 22 USC 3201 note. 22 USC 3201.

To provide for more efficient and effective control over the proliferation of nuclear explosive capability. Be it enacted by the Senate and House of Representatives of the United States of Arnenca in Congress a-ssembled, That this Act may be cited as the "Nuclear Non-Proliferation Act of 1978". STATEMENT OF POLICY

SEC. 2. The Congress finds and declares that the proliferation of nuclear explosive devices or of the direct capability to manufacture or otherwise acquire such devices poses a grave threat to the security interests of the United States and to continued international progress toward world peace and development. Eecent events emphasize the urgency of this threat and the imperative need to increase the effectiveness of international safeguards and controls on peaceful nuclear activities to prevent proliferation. Accordingly, it is the policy of the United States to— (a) actively pursue through international initiatives mechanisms for fuel supply assurances and the establishment of more effective international controls over the transfer and use of nuclear materials and equipment and nuclear technology for peaceful purposes in order to prevent proliferation, including the establishment of common international sanctions; (b) take such actions as are required to confirm the reliability of the United States in meeting its commitments to supply nuclear reactors and fuel to nations which adhere to effective non-proliferation policies by establishing procedures to facilitate the timely •processing of requests for subsequent arrangements and export licenses; (c) strongly encourage nations which have not ratified the Treaty on the Non-Proliferation of Nuclear Weapons to do so at the earliest possible date; and (d) cooperate with foreign nations in identifying and adapting suitable technologies for energy production and, in particular, to identify alternative options to nuclear power in aiding such nations to meet their energy needs, consistent with the economic and material resources of those nations and environmental protection. STATEMENT OF PURPOSE

22 USC 3202.

SEC. 3. I t is the purpose of this Act to promote the policies set forth above by— (a) establishing a more effective framework for international cooperation to meet the energy needs of all nations and to ensure that the worldwide development of peaceful nuclear activities and the export by any nation of nuclear materials and equipment and nuclear technology intended for use in peaceful nuclear activities do not contribute to proliferation; (b) authorizing the United States to take such actions as are required to ensure that it will act reliably in meeting its commit-

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Page:The Folk-Lore Journal Volume 4 1886.djvu/28

20 To slay Olbē is considered a meritorious action. If slain, Olbē people take courage, and form a cross from his hide which they place at the junction of two roads, and fasten it to the ground with nails. — (Sambo, of the Tabuin Khotoghait tribe on the lake Sanghin Dalai.)

(A Khalka man.) Abta Kherem, in winter, lives by the water like a bird ; but in summer changes himself into a mouse. — (A Uryankhait in Cobdo.) The animal "Orongo" has only one horn on the head. — (Same as above.) The flying mousebat [sic] does not carry taxes and fines to the Khan Garēd, the king of the birds ; the other birds all do. — (Tabuin Sakhal, a Mongol Uryankhait Shaman, in the Altai mountains.)

In ancient times the Diurbiuts had no khan; ten men wished to have a khan ; they saw in a dream that of the tree Urun and the bird Urun was born a divine son who became their khan. His name was Urun molon êkētai (having for mother the tree Urun), Urun shēbo êtseqtai (having for his father the bird Urun), Udontai Bodontai Gurbushtên Têngriēn Ku (Buēn-dotkho, a Diurbiut, from the valley of the River Cobdo.)

The father of all the Mongols or the race (bone) of Tsagan tuk, was the dog Noka, the mother Odun modun, the tree Odun; the father of the Mongols was born of a tree, and a dog suckled him. The mother of Tanguto was Tents and Sword, and the father,


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Page:United States Statutes at Large Volume 92 Part 1.djvu/175

 PUBLIC LAW 95-242—MAR. 10, 1978

92 STAT. 121

ment to supply nuclear reactors and fuel to nations which adhere to effective non-proliferation policies; (c) providing incentives to the other nations of the world to join in such international cooperative efforts and to ratify the ,, Treaty; and (d) ensuring effective controls by the United States over its exports of nuclear materials and equipment and of nuclear technology. DEFINITIONS

SEC. 4. (a) As used in this Act, the term— (1) "Commission" means the Nuclear Regulatory Commission; (2) "Director" means the Director of the Arms Control and Disarmament Agency; (3) "IAEA" means International Atomic Energy Agency; (4) "nuclear materials and equipment" means source material, special nuclear material, production facilities, utilization facilities, and components, items or substances determined to have significance for nuclear explosive purposes pursuant to subsection 109 b. of the 1954 Act; (5) "physical security measures" means measures to reasonably ensure that source or special nuclear material Avill only be used for authorized purposes and to prevent theft and sabotage; (6) "sensitive nuclear technology" means any information (including information incorporated in a production or utilization facility or important component part thereof) which is not available to the public and which is important to the design, construction, fabrication, operation or maintenance of a uranium enrichment or nuclear fuel reprocessing facility or a facility for i,: the production of heavy water, but shall not include Restricted • Data controlled pursuant to chapter 12 of the 1954 Act; t (7) "1954 Act' means the Atomic Energy Act of 1954, as amended; and (8) "the Treaty" means the Treaty on the Non-Proliferation of Nuclear Weapons, (b) All other terms used in this Act not defined in this section shall have the meanings ascribed to them by the 1954 Act, the Energy Reorganization Act of 1974, and the Treaty.

22 USC 3203.

Post, p. Ul.

42 USC 2011 "°*®"

42 USC 5801 note.

TITLE I—UNITED STATES I N I T I A T IV E S TO PROVIDE ADEQUATE NUCLEAR F U E L SUPPLY '

POLICY

SEC. 101. The United States, as a matter of national policy, shall 22 USC 3221. take such actions and institute such measures as may be necessary and feasible to assure other nations and groups of nations that may seek to utilize the benefits of atomic energy for peaceful purposes that it will provide a reliable supply of nuclear fuel to those nations and groups of nations which adhere to policies designed to prevent proliferation. Such nuclear fuel shall be provided under agreements entered into pursuant to section 161 of the 1954 Act or as otherwise 42 USC 2201. authorized by law. The United States shall ensure that it will have available the capacity on a long-term basis to enter into new fuel supply commitments consistent with its non-proliferation policies and domestic energy needs. The Commission shall, on a timely basis,

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 92 STAT. 122

PUBLIC LAW 95-242—MAR. 10, 1978 authorize the export of nuclear materials and equipment when all the applicable statutory requirements are met. U R A N I U M E N R I C H M E N T CAPACITY

22 USC 3222.

SEC. 102. The Secretary of Energy is directed to initiate construction planning and design, construction, and operation activities for expansion of uranium enrichment capacity, as elsewhere provided by law. Further the Secretary as well as the Nuclear Eegulatory Commission, the Secretary of State, and the Director of the Arms Control and Disarmament Agency are directed to establish and implement procedures which will ensure to the maximum extent feasible, consistent with this Act, orderly processing of subsequent arrangements nnd export licenses with minimum time delay. REPORT

Study. 22 USC 3222 note. Report to Congress.

SEC. 103. The President shall promptly undertake a study to determine the need for additional United States enrichment capacity to meet domestic and foreign needs and to promote United States nonproliferation objectives abroad. The President shall report to the Congress on the results of this study within twelve months after the date of enactment of this Act. INTERNATIONAL UNDERTAKINGS

Discussions and negotiations. 22 USC 3223.

SEC. 104. (a) Consistent with section 105 of this Act, the President shall institute prompt discussions with other nations and groups of nations, including both supplier and recipient nations, to develop international approaches for meeting future worldwide nuclear fuel needs. In particular, the President is authorized and urged to seek to negotiate as soon as practicable with nations possessing nuclear fuel production facilities or source material, and such other nations and groups of nations, such as the IAEA, as may be deemed appropriate, with a view toward the timely establishment of binding international undertakings providing for— (1) the establishment of an international nuclear fuel authority (INFA) with responsibility for providing agreed upon fuel services and allocating agreed upon quantities of fuel resources to ensure fuel supply on reasonable terms in accordance with agreements between INFA and supplier and recipient nations; (2) a set of conditions consistent with subsection (d) under which international fuel assurances under INFA auspices will be provided to recipient nations, including conditions which will ensure that the transferred materials will not be used for nuclear explosive devices; (3) devising, consistent with the policy goals set forth in section 403 of this Act, feasible and environmentally sound approaches for the siting, development, and management under effective international auspices and inspection of facilities for the provision of nuclear fuel services, including the storage of special nuclear material; (4) the establishment of repositories for the storage of spent nuclear reactor fuel under effective international auspices and inspection; (5) the establishment of arrangements under which nations placing spent fuel in such repositories would receive appropriate

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 PUBLIC LAW 95-242—MAR. 10, 1978 compensation for the energy content of such spent fuel if recovery of such energy content is deemed necessary or desirable; and (6) sanctions for violation of the provisions of or for abrogation of such binding international undertakings. (b) The President shall submit to Congress not later than six months after the date of enactment of this Act proposals for initial fuel assurances, including creation of an interim stockpile of u r a n i u m enriched to less than 20 percent in the uranium isotope 235 (lowenriched uranium) to be available for transfer pursuant to a sales arrangement to nations which adhere to strict policies designed to prevent proliferation when and if necessary to ensure continuity of nuclear fuel supply to such nations. Such submission shall include proposals for the transfer of low-enriched uranium up to an amount sufficient to produce 100,000 M W e years of power from light water nuclear reactors, and shall also include proposals for seeking contributions from other supplier nations to such an interim stockpile pending the establishment of I N F A. (c) The President shall, in the report required by section 103, also address the desirability of and options for foreign participation, including investment, in new United States uranium enrichment facilities. This report shall also address the arrangements that would be required to implement such participation and the commitments that would be required as a condition of such participation. This report shall be accompanied by any proposed legislation to implement these arrangements. (d) The fuel assurances contemplated by this section shall l>e for the benefit of nations that adhere to policies designed to prevent proliferation. I n negotiating the binding international undertakings called for in this section, the President shall, in particidar, seek to ensure that the benefits of such undertakings are available to non-nuclearweapon states only if such states accept I A E A safeguards on all their peaceful nuclear activities, do not manufacture or otherwise acquire any nuclear explosive device, do not establish any new enrichment or reprocessing facilities under their de facto or de jure control, and place any such existing facilities under effective international auspices and inspection. (e) The report required by section 601 shall include information on the progress made in any negotiations pursuant to this section. (f)(1) The President may not enter into any binding international undertaking negotiated pursuant to subsection (a) which is not a treaty until such time as such proposed undertaking has been submitted to the Congress and has been approved by concurrent resolution. (2) The proposals prepared pursuant to subsection (b) shall be submitted to the Congress as part of an annual authorization Act for the Department of Energy.

92 STAT. 123

Proposals, submittal to Congress.

Proposed legislation.

REEVALUATIOX OF NUCLEAR FUEL CYCLE

SEC. 105. The President shall take immediate initiatives to invite 22 USC 3224. all nuclear supplier and recipient nations to reevaluate all aspects of the nuclear fuel cycle, with emphasis on alternatives to an economy based on the separation of pure plutonium or the presence of high enriched uranium, methods to deal with spent fuel storage, and methods to improve the safeguards for existing nuclear technology. The President shall, in the first report required by section 601, detail the progress of such international reevaluation.

39-194 O-

-pt. 1

12: QL3

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