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Page:United States Statutes at Large Volume 92 Part 1.djvu/1130

 92 STAT. 1076

Aircraft.

Land acquisition. Funds, transfer.

21 USC 129.

21 USC 114b.

PUBLIC LAW 95-448—OCT. 11, 1978 shall be placed in reserve for matching purposes with States which may come into the program: Provided further, That no funds shall be used to formulate or administer a brucellosis eradication program for the current fiscal year that does not require minimum matching by the States of at least 40 per centum: Provided further, That this appropriation shall be available for field employment pursuant to the second sentence of section 706(a) of the Organic" Act of 1944 (7 U.S.C. 2225), and not to exceed $40,000 shall be available for employment under 5 U.S.C. 3109: Provided further, That this appropriation shall be available for the operation and maintenance of aircraft and the purchase of not to exceed four, of which two shall be for replacement only: Provided further, That this appropriation shall be available pursuant to 7 U.S.C. 2250 for the construction, alteration, and repair of buildings and improvements, but, unless otherwise provided, the cost of constructing any one building shall not exceed $75,000, except for four buildings to be constructed or improved at a cost of not to exceed $145,000 each, and the cost of altering any one building during the fiscal year shall not exceed 10 per centum of the current replacement value of the building: Provided further. That this appropriation shall be available for acquisition of lands by donation, exchange, or purchase at a nominal cost not to exceed $100, except for purchase of land for an Animal Holding and Testing Facility at Ames, Iowa: Provided further. That, in addition, in emergencies which threaten the livestock or poultry industries of the country, the Secretary may transfer from other appropriations or funds available to the agencies or corporations of the Department such sums as he may deem necessary, to be available only in such emergencies for the arrest and eradication of foot-andmouth disease, rinderpest, contagious pleuropneumonia, or other contagious or infectious diseases of animals, or European fowl pest and similar diseases in poultry, and for expenses in accordance with the Act of February 28, 1947, as amended, and any unexpended balances of funds transferred for such emergency purposes in the next preceding fiscal year shall be merged with such transferred amounts. FOOD SAFETY AND QUALITY SERVICE

For necessary expenses to carry on services related to consumer protection and agricultural marketing and distribution, $271,104,000: Provided, That this appropriation shall be available for field employment pursuant to section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $25,000 shall be available for employment under 5 U.S.C. 3109: Provided further. That this appropriation shall be available pursuant to law (7 U.S.C. 2250) for the construction, alteration, and repair of buildings and improvements, but, unless otherwise provided, the cost of constructing any one building shall not exceed $70,000, except for one building to be constructed or improved at a cost not to exceed $135,000, and the cost of altering any one building during the fiscal year shall not exceed 10 per centum of the current replacement value of the building: Provided further. That this appropriation shall be available for acquisition of lands by donation, exchange, or purchase at a nominal cost not to exceed $100.

Land acquisition.

FUNDS FOR STRENGTHENING MARKETS, INCOME, AND SUPPLY (SECTION 3 2)

- *-

Funds available under section 32 of the Act of August 24, 1935 (7 U.S.C. 612c) shall be used only for commodity program expenses as

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Page:United States Statutes at Large Volume 92 Part 1.djvu/1131

 PUBLIC LAW 95-448—OCT. 11, 1978

92 STAT. 1077

authorized therein, and other related operating expenses, except for (1) transfers to the Department of Commerce as authorized by the Fish and Wildlife Act of August 8, 1956; (2) transfers otherwise provided in this Act; and (3) not more than $4,678,000 for formulation and administration of marketing agreements and orders pursuant to the Agricultural Marketing Agreement Act of 1937, as amended, and the Agricultural Act of 1961.

16 USC 742a note. 7 USC 601 note. 7 USC 1911 note.

COOPERATIVE STATE RESEARCH SERVICE

For payments to agricultural experiment stations, for cooperative forestry and other research, for facilities, and for other expenses, including $109,066,000 to carry into effect the provisions of the Hatch Act, approved March 2, 1887, as amended by the Act approved August 11, 1955 (7 U.S.C. 361a-361i), and futher amended by Public Law 92-318 approved June 23, 1972, and further amended by Public Law 93-471 approved October 26, 1974, including administration by the United States Department of Agriculture, and penalty mail costs of agricultural experiment stations under section 6 of the Hatch Act of 1887, as amended; $9,500,000 for grants for cooperative forestry research under the Act approved October 10, 1962 (16 U.S.C. 582a582a-7), as amended by Public Law 92-318 approved June 23, 1972; $16,360,000 for payments to the 1890 land-grant colleges, including Tuskegee Institute, for research under the National Agricultural Research, Extension and Teaching Policy Act of 1977 (Public Law 95-113), including administration by the United States Department of Agriculture, and penalty mail costs of the 1890 land-grant colleges, including Tuskegee Institute; $1,500,000 for Rural Development Research as authorized under the Rural Development Act of 1972, as amended (7 U.S.C. 2661-2668), including administrative expenses; $31,273,000 for contracts and grants for agricultural research under the Act of August 4, 1965, as amended (7 U.S.C. 450i), of which $15,773,000 is for special research grants, $15,000,000 is for competitive research grants, and $500,000 is for grants in accordance with section 1419 of Public Law 95-113, including administrative expenses; $5,000,000 for the support of animal health and disease research programs authorized by sections 1433 and 1434 of Public Law 95-113; and $1,696,000 for necessary expenses of the Cooperative State Research Service, including administration of payments to State agricultural experiment stations, funds for employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $50,000 for employment under 5 U.S.C. 3109; in all, $174,395,000. EXTENSION SERVICE

20 USC 1001 note. D.C. Code 31-1701 note. 7 USC 361f.

7 USC 3101 note.

7 USC 3154. 7 USC 3195, 3196.

'

Payments to States, Puerto Rico, Guam, and the Virgin Islands: For payments for cooperative agricultural extension work under the Smith-Lever Act, as amended by the Act of June 26, 1953, the Act of August 11, 1955, the Act of October 5, 1962 (7 U.S.C. 341-349), section 506 of the Act of June 23, 1972, and the Act of September 29, 1977 (7 86 Stat. 350. U.S.C. 341-349), to be distributed under sections 3(b) and 3 (c) of the 7 USC 1281 note. Act, for retirement and employees' compensation costs for extension 7 USC 343. agents, and for costs of penalty mail for cooperative extension agents and State extension directors, $179,831,000; payments for the nutrition and family education program for low-income areas under section

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


text:
Page:United States Statutes at Large Volume 92 Part 1.djvu/1132

 92 STAT. 1078

PUBLIC LAW 95-448—OCT. 11, 1978

7 USC 343.

3(d) of the Act, $51,810,000; payments for the urban gardening programs under section 3(d) of the Act, $3,000,000; payments for rural .;a.,:,development work under section 3(d) of the Act, $1,000,000; payments for the pest management program under section 3(d) of the Act, $5,435,000; payments for the farm safety program under section 3(d) of the Act, $1,020,000; payments for the pesticide impact assessment program under section 3(d) of the Act, $1,735,000; payments for extenD.C. Code sion work under section 209(c) of Public Law 93-471, $910,000; 31-1719. $2,500,000 for Rural Development Education as authorized under the Rural Development Act of 1972 (7 U.S.C. 2661-2668); payments for extension work by the colleges receiving the benefits of the second Morrill Act (7 U.S.C. 321-326, 328) and Tuskegee Institute under section 1444 of the National Agricultural Research, Extension and Teach7 USC 3221. ing Policy Act of 1977 (Public Law 95-113), $10,115,000; and for carrying out the provisions of section 22 of the Act of June 29, 1935, as amended (7 U.S.C. 329), $11,500,000; in all,_$268,856,000, of which not less than $75,579,000 is for Home Economics: Provided, That funds hereby appropriated pursuant to section 3(c) of the Act of June 26, 7 USC 343. 1953, and section 506 of the Act of June 23, 1972, as amended, shall not 86 Stat. 350. availability of an equal sum from non-Federal sources for expenditure during the current fiscal year. Federal administration and coordination: For administration of the Smith-Lever Act, as amended by the Act of June 26, 1953, the Act of August 11, 1955, the Act of October 5, 1962, section 506 of the Act of June 23, 1972, section 209(d) of Public Law 93-471, and the Act of 7 USC 1281 note. September 29, 1977 (7 U.S.C. 341-349), and to coordinate and provide program leadership for the extension work of the Department and the several States and insular possessions, $6,543,000, of which not less than $2,029,000 is for Home Economics. '
 * ^ paid to any State, Puerto Rico, Guam, or the Virgin Islands prior to

l e i ':}^ Mlt--

'"

NATIONAL AGRICULTURAL LIBRARY

For necessary expenses of the National Agricultural Library, $7,527,000: Provided, That this appropriation shall be available for employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $35,000 shall be available for employment under 5 U.S.C. 3109: Provided further, That not to exceed $100,000 shall be available pursuant to 7 U.S.C. 2250 for the alteration and repair of buildings and improvements. ,

^""

'

ECONOMICS, STATISTICS, AND COOPERATIVES SERVICE

For necessary expenses of the Economics, Statistics, and Cooperatives Service to carry out the Act of July 2, 1926 (7 U.S.C. 451-457), and as authorized by the Agricultural Marketing Act of 1946 (7 U.S.C. 1621-1627), and other laws, in conducting: statistical reporting and service work, including crop and livestock estimates, statistical coordination and improvements, and marketing surveys; research relating to the economic and marketing aspects of farmer cooperatives; economic research and service relating to agricultural production, marketing, and distribution, including economics of marketing; analyses relating to farm prices, income and population, and demand for farm products, use of resources in agriculture, adjustments, cost and returns in farming, and farm finance; and for analyses of supply and demand for farm products in foreign countries and their effect

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Page:United States Statutes at Large Volume 92 Part 1.djvu/1133

 PUBLIC LAW 95-448—OCT. 11, 1978

92 STAT. 1079

on prospects for United States exports, progress in economic development and its relation to sales of farm products, assembly and analysis of agricultural trade statistics and analysis of international financial and monetary programs and policies as they aflfect the competitive position of United States farm products; $80,112,000, of which not less than $200,000 shall be available for investigation, determination and finding as to the effect upon the production of food and upon the agricultural economy of any proposed action affecting such subject matter pending before the Administrator of the Environmental Protection Agency for presentation, in the public interest, before said administrator, other agencies or before the courts: Provided, That not Study, less than $350,000 of the funds contained in this appropriation shall be available to continue to gather statistics and conduct a special study on the price spread between the farmer and consumer: Provided further, That not less than $145,000 of the funds contained in this appropriation shall be available for analysis of statistics and related facts on foreign production and full and complete information on methods used by other countries to move farm commodities in world trade on a competitive basis: Provided further, That no part of the funds herein appropriated shall be available for any expense incident to publishing estimates of apple production for other than the commercial crop: 7 USC 411b. Provided further, That this appropriation shall be available for employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $140,000 shall be available for employment under 5 U.S.C. 3109. AGRICULTURAL MARKETING SERVICE MARKETING SERVICES

For necessary expenses to carry on services related to agricultural marketing and distribution and regulatory programs as autnorized by law, and for administration and coordination of payments to States; including field employment pursuant to section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $75,000 for employment under 5 U.S.C. 3109, $46,502,000: Provided, That this appropriation Buading repair, shall be available pursuant to law (7 U.S.C. 2250) for the alteration and repair of buildings and improvements, but, unless otherwke provided, the cost of altering any one building during the fiscal year shall not exceed $7,500 or 7.5 per centum of the cost of the building, whichi: j. * ••. ever is greater. PAYMENTS TO STATES AND POSSESSIONS

For payments to departments of agriculture, bureaus and departments of markets, and similar agencies for marketing activities under section 204(b) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1623(b)), $1,600,000. WORLD FOOD AND AGRICULTURAL OUTLOOK AND SITUATION BOARD

For necessary expenses of the World Food and Agricultural Outlook and Situation Board to coordinate and review all commodity and aggregate agricultural and food data used to develop outlook and situation material within the Department of Agriculture, as authorized by the Agricultural Marketing Act of 1946 (7 U.S.C. 1622g), 7 USC 1622.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/1134

 92 STAT. 1080

PUBLIC LAW 95-448—OCT. 11, 1978 $1,009,000: Provided, That this appropriation shall be available for employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $75,000 shall be available for employment under 5 U.S.C. 3109. ,.,

,

FARM INCOME STABILIZATION

AGRICULTURAL STABILIZATION AND CONSERVATION SERVICE ,.

,„; Funds, transfer.

•

16 USC 590h.

3

SALARIES AND EXPENSES

,

For necessary administrative expenses of the Agricultural Stabilization and Conservation Service, including expenses to formulate and carry out programs authorized by title III of the Agricultural Adjustment Act of 1938, as amended (7 U.S.C. 1301-1393); the Agricultural Act of 1949, as amended (7 U.S.C. 1421 et seq.); sections 7 to 15,16 (a), 16(b), 16(d), 16(e), 16(f), 16(i), and 17 of the Soil Conservation and Domestic Allotment Act, as amended and supplemented (16 U.S.C. 590g-590q); sections 1001 to 1010 of the Agncultural Act of 1970 as added by the Agriculture and Consumer Protection Act of 1973 (16 U.S.C. 1501 to 1510); the Water Bank Act (16 U.S.C. 1301-1311); and laws pertaining to the Commodity Credit Corporation, $227,527,000: Provided, That, in addition, not to exceed $99,865,000 may be transferred to and merged with this appropriation from the Commodity Credit Corporation fund (including not to exceed $43,094,000 under the limitation on Commodity Credit Corporation administrative expenses for a total of $327,392,000): Provided further, That other funds made available to the Agricultural Stabilization and Conservation Service for authorized activities may be advanced to and merged with this appropriation: Provided further, That this appropriation shall be available for employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $100,000 shall be available for employment under 5 U.S.C. 3109: Provided further. That no part of the funds appropriated or made available under this Act shall be used (1) to influence the vote in any referendum; (2) to influence agricultural legislation, except as permitted in 18 U.S.C. 1913; or (3) for salaries or other expenses of members of county and community committees established pursuant to section 8(b) of the Soil Conservation and Domestic Allotment Act, as amended, for engaging in any activities other than advisory and supervisory duties and delegated program functions prescribed in administrative regulations. DAIRY AND BEEKEEPER I N D E M N I T Y PROGRAMS

For necessary expenses involved in making indemnity payments to dairy farmers for milk or cows producing such milk and manufacturers of daily products who have been directed to remove their milk or dairy products from commercial markets because it contained residues of chemicals registered and approved for use by the Federal Government, and in making indemnity payments for milk, or cows producing such milk, at a fair market value to any dairy farmer who is directed to remove his milk from commercial markets because of (1) the presence of products of nuclear radiation or fallout if such contamination is not due to the fault of the farmer, or (2) residues of chemicals or toxic substances not included under the first sentence of the Act of

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Page:United States Statutes at Large Volume 92 Part 1.djvu/1135

 PUBLIC LAW 95-448—OCT. 11, 1978

92 STAT. 1081

August 13, 1968, as amended (7 U.S.C. 450j), if such chemicals or toxic substances were not used in a manner contrary to applicable regulations or labeling instructions provided at the time of use and the contamination is not due to the fault of the farmer, and to beekeepere who through no fault of their own have suffered losses as a result of the use of economic poisons which had been registered and approved for use by the Federal Government, $3,240,000: Provided, That none of the funds contained in this Act shall be used to make indemnity payments to any farmer whose milk was removed from commercial markets as a result of his willful failure to follow procedures prescribed by the Federal Government. CORPORATIONS

' -:'• '' • • - '" •

The following corporations and agencies are hereby authorized to Contracts, make such expenditures, within the limits of funds and borrowing 15 USC authority available to each such corporation or agency and in accord 713a-10. with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as amended, as may be necessary in carrying 31 USC 849. out the programs set forth in the budget for the current fiscal year for such corporation or agency, except as hereinafter provided: FEDERAL CROP INSURANCE

CORPORATION

ADMINISTRATIVE AND OPERATING

EXPENSES

For administrative and operating expenses, $12,000,000. FEDERAL CROP INSURANCE CORPORATION F U N D

Not to exceed $12,669,000 of administrative and operating expense may be paid from premium income. s:

COMMODITY CREDIT

CORPORATION

NEW B O R R O W I N G AUTHORITY

As authorized by section 301 of Public Law 95-279, $5,500,000,000 92 Stat. 242. shall be available to the Commodity Credit Corporation for necessary expenses, including the liquidation of contract authorizations, in carr y i n g out its authorized programs, to remain available without regard to fiscal year limitations. REIMBURSEMENT FOR N E T REALIZED LOSSES

To reimburse the Commodity Credit Corporation for net realized losses sustained in prior years, but not previously reimbursed, pursuant to the Act of August 17, 1961 (15 U.S.C. 7 l 3 a - l l, 7 l 3 a - 1 2), $990,900,000.

,.

LIMITATION ON ADMINISTRATIVE EXPENSES

Not to exceed $50,100,000, shall be available for administrative expenses of the Commodity Credit Corporation: Provided, That this authorization shall be available to support the Office of the General Sales Manager which shall work to expand and strengthen sales of U.S. commodities in world markets (including those of the Corpora-

15 USC 713a-10.

 * v

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Page:United States Statutes at Large Volume 92 Part 1.djvu/1136

 92 STAT. 1082

Report Reports to congressional committees.

31 USC 665. Land acquisition.

PUBLIC LAW 95-448—OCT. 11, 1978 tion) pursuant to existing authority (including that contained in the Corporation's charter), and that such funds shall be used by the General Sales Manager to carry out the above activities. The General Sales Manager shall report directly to the Board of Directors of the Corporation of which the Secretary of Agriculture is a member. The General Sales Manager shall obtain, assimilate, and analyze all available information on developments related to private sales, as well as those funded by the Corporation, including grade and quality as sold and as delivered and shall submit quarterly reports to the appropriate committees of Congress concerning such developments: Provided fv/rther, That none of the funds in this Act may be used to carry out an Export Credit Sales program in excess of $2,200,000,000 in fiscal year 1979: Provided further, That not less than 7 per centum of this authorization shall be placed in reserve to be apportioned pursuant to section 3679 of the Revised Statutes, as amended, for use only in such amounts and at such times as may become necessary to carry out program operations: Provided further, That all necessary expenses (including legal and special services performed on a contract or fee basis, but not including other personal services) in connection with the acquisition, operation, maintenance, improvement, or disposition of any real or personal property belonging to the Corporation or in which it has an interest, including expenses of collections of pledged collateral, shall be considered as nonadministrative expenses for the purposes hereof. TITLE

II—RURAL DEVELOPMENT PROGRAMS RURAL DEVELOPMENT ASSISTANCE FARMERS HOME ADMINISTRATION RURAL H O U S I N G INSURANCE FUND

42 USC 1487. 42 USC 1471.

42 USC 1471. 42 USC 1479.

42 USC 1490a.

^

For direct loans and related advances pursuant to section 517(m) of the Housing Act of 1949, as amended, $24,000,000 shall be available from funds in the rural housing insurance fund, and for insured loans as authorized by title V of the Housing Act of 1949, as amended, $3,776,000,000, of which not less than $2,865,000,000 shall be available for subsidized interest loans to low-income borrowers as determined by the Secretary; and not to exceed $2,000,000 for advances as authorized by section 501(e) of such Act and not to exceed $1,000,000 for compensation of construction defects as authorized by section 509(c) of such Act: Provided, That unsubsidized interest guaranteed loans of not to exceed $500,000,000 shall be in addition to these amounts. During fiscal year 1979, no more than 23,000 units may be assisted under rental assistance agreements entered into during the year pursuant to authority under section 521(a)(2) of the Housing Act of 1949, as amended, and the total obligation incurred over the life of these agreements shall not exceed $425,500,000. For an additional amount to reimburse the rural housing insurance fund for interest subsidies and losses sustained in prior years, but not previously reimbursed, in carrying out the provisions of title V of the Housing Act of 1949, as amended (42 U.S.C. 1483, 1487e, and 1490a (c)), including $66,655,000 as authorized by section 521(c) of the Act, $320,192,000, and for an additional amount as authorized by section 521(c) of the Act as may be necessary to reimburse the fund to carry

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Page:United States Statutes at Large Volume 92 Part 1.djvu/1137

 PUBLIC LAW 95-448—OCT. 11, 1978

92 STAT. 1083

out a rental assistance program under section 521(a)(2) of the Hous42 USC 1490a. ing Act of 1949, as amended. AGRICULTURAL CREDIT INSURANCE F U N D

For an additional amount to reimburse the agricultural credit insurance fund for interest subsidies and losses sustained in prior years, but not previously reimbursed, in carrying out the provisions of the Consolidated Farm and Rural Development Act, as amended (7 U.S.C 1988 (a)), $143,565,000. Loans may be insured, or made to be sold and insured, under this Loans, fund in accordance with and subject to the provisions of 7 U.S.C. 1928-1929, or guaranteed, as follows: real estate loans, $875,600,000, including not less than $800,000,000 for farm ownership loans of which $50,000,000 shall be guaranteed loans; and not less than $58,000,000 for water development, use, and conservation loans; operating loans, $825,000,000 of which $25,000,000 shall be guaranteed loans; and emergency loans in amounts necessary to meet the needs resulting from natural disasters. RURAL DEVELOPMENT INSURANCE

FUND

For an additional amount to reimburse the rural development insurance fund for interest subsidies and losses sustained in prior years, but not previously reimbursed, in carrying out the provisions of the Consolidated Farm and Rural Development Act, as amended (7 U.S.C. 1988 (a)), $107,276,000. For loans to be insured, or made to be sold and insured, under this Loans, fund in accordance with and subject to the provisions of 7 ILS.C. 1928 and 86 Stat. 661-664, as follows: water and sewer facility loans, 7 USC 1929a, $900,000,000; guaranteed industrial development loans, $1,100,000,000; 1931-1933. and community facility loans, $250,000,000. RURAL WATER AND WASTE DISPOSAL GRANTS

For grants pursuant to sections 306(a)(2) and 306(a)(6) of the Consolidated Farm and Rural Development Act, as amended (7 U.S.C. 1926), $282,500,000 to remain available until expended, pursuant to section 306(d) of the above Act.

..

'-

VERY LOW-INCOME HOUSING REPAIR GRANTS

For grants to the elderly pursuant to section 504 of the Housing Act of 1949, as amended, $19,000,000. 42 USC 1474, RURAL HOUSING FOR DOMESTIC FARM LABOR

For financial assistance to public nonprofit organizations for housing for domestic farm labor, pursuant to section 516 of the Housing Act of 1949, as amended (42 U.S.C. 1486), $33,000,000. MUTUAL AND S E L F - H E L P HOUSING

For grants pursuant to section 523(b)(1)(A) of the Housing Act of 1949 (42 U.S.C. 1490c), $13,500,000.

39-194 O—80—pt. 1

72: QU

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Page:United States Statutes at Large Volume 92 Part 1.djvu/1138

 92 STAT. 1084 j Cie I •' i • >

PUBLIC LAW 95-44«—OCT. 11, 1978 i J*

I

SELr-HELP

HOUSING LAND DEVELOPMENT F U N D

-^

•

For direct loans pursuant to section 523(b)(1)(B) of the Housing Act of 1949 (42 U.S.C. 1490c) and related advances, $1,000,000. RURAL COMMUNITY

^s

FIRE PROTECTION

GRANTS

For grants pursuant to section 404 of the Rural Development Act of 1972, as amended (7 U.S.C. 2654), $3,500,000 to fund up to 50 per centum of the cost of organizing, training, and equipment for rural volunteer fire departments.

'

RURAL DEVELOPMENT P L A N N I N G

GRANTS

For rural development planning grants pursuant to section 306(a) (11) of the Consolidated Farm and Rural Development Act, as amended (7 U.S.C. 1926(a) (11)), $5,000,000. RURAL HOUSING SUPERVISORY ASSISTANCE

42 USC 1490e.

GRANTS

For grants pursuant to section 525(a) of the Housing Act of 1949, as amended (42 U.S.C. 1490 (e)), $2,500,000. Ar; f

vj.,,f:

t,

RURAL DEVELOPMENT

GRANTS

For grants pursuant to section 310B(c) of the Consolidated Farm and Rural Development Act, as amended (7 U.S.C. 1932), $10,000,000. SALARIES AND EXPENSES

i

42 USC 2841.

86 Stat. 675. 7 USC 1929. 42 USC 1487. 42 USC 1472.

For necessary expenses of the Farmers Home Administration, not otherwise provided for, in administering the programs authorized by the Consolidated Farm and Rural Development Act (7 U.S.C. 19211992), as amended; title V of the Housing Act of 1949, as amended (42 U.S.C. 147l-1490g); the Rural Rehabilitation Corporation Trust Liquidation Act, approved May 3, 1950 (40 U.S.C. 440-444), for administering the loan program authorized by title III A of the Economic Opportunity Act of 1964 (Public Law 88^52, approved August 20, 1964), as amended, and such other programs for which Farmers Home Administration has the responsibility for administering, $218,432,000, including $1,746,000 for the coordination of rural development activi' ies as authorized by section 603 of the Rural Development Act of 1972, together with not more than $3,000,000 of the charges collected in connection with the insurance of loans as authorized by section 309(e) of the Consolidated Farm and Rural Development Act, as amended, and section 517(i) of the Housing Act of 1949, as amended, or in connection with charges made on borrowers under section 502(a) of the Housing Act of 1949, as amended: Provided, That, in addition, not to exceed $500,000 of the funds available for the various programs administered by this agency may be transferred to this appropriation for temporary field employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), to meet unusual or heavy workload increases: Provided further, That not to exceed $1,000,000 of this appropriation may be used for employment under 5 U.S.C. 3109.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/1139

 PUBLIC LAW 95-448—OCT. 11, 1978 RURAL ELECTRIFICATION ADMINISTRATION

92 STAT. 1085.

To carry into effect the provisions of the Eural Electrification Act of 1936, as amended (7 U.S.C. 901-950(b)), as follows: RURAL ELECTRIFICATION AND TELEPHONE REVOLYING FUND LOAN AUTHORIZATIONS

Insured loans pursuant to the authority of section 305 of the Rural Electrification Act of 1936, as amended (7 U.S.C. 935), shall be made as follows: rural electrification loans, not less than $850,000,000, nor more than $1,000,000,000, and rural telephone loans, not less than $250,000,000, to remain available until expended: Provided, That loans made pursuant to section 306 of that Act are in addition to these 7 USC 936. amounts. RURAL TELEPHONE B A N K

For the purchase of Class A stock of the Rural Telephone Bank, $30,000,000, to remain available until expended (7 U.S.C. 901-950(b)). The Rural Telephone Bank is hereby authorized to make such expenditures, within the limits of funds and borrowing authority available to such corporation in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as ' provided by section 104 of the Government Corporation Control Act, as amended, as may be necessary in carrying out its authorized pro- 31 USC 849. grams for the current fiscal year. SALARIES AND EXPENSES

For administrative expenses to carry out the provisions of the Rural Electrification Act of 1936, as amended (7 U.S.C. 901-950(b)), including not to exceed $500 for financial and credit reports, funds for employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $150,000 for employment under 5 U.S.C. 3109, $24,805,000. CONSERVATION SOIL CONSERVATION SERVICE CONSERVATION OPERATIONS

For necessary expenses for carrying out the provisions of the Act of April 27, 1935 (16 U.S.C. 590a-590f), including preparation of conservation plans and establishment of measures to conserve soil and water (including farm irrigation and land drainage and such special measures for soil and water management as may be necessary to prevent floods and the siltation of reservoirs and to control agricultural related pollutants); operation of conservation plant material centers; classification and mapping of soil; dissemination of information; purchase and erection or alteration of permanent buildings; and operation and maintenance of aircraft, $255,466,000: Provided, That the cost of any permanent building purchased, erected, or as 16 USC improved, exclusive of the cost of constructing a water supply or sani- 590e-l. tary system and connecting the same to any such building and with the exception of buildings acquired in conjunction with land being

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text:
Author:Leonard Erskine Hill

Contribution to EB1911

 * (Physiology)

title: Author:Leonard Erskine Hill


text:
Page:United States Statutes at Large Volume 92 Part 1.djvu/1140

 92 STAT. 1086

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PUBLIC LAW 95-448—OCT. 11, 1978 purchased for other purposes, shall not exceed $5,000, except for one building to be constructed at a cost not to exceed $50,000 and eight buildings to be constructed or improved at a cost not to exceed $30,000 per building and except that alterations or improvements to other existing permanent buildings costing $5,000 or more may be made in any fiscal year in an amount not to exceed $1,000 per building: Provided further, That no part of this appropriation shall be available for the construction of any such building on land not owned by the Government: Provided further, That no part of this appropriation may be expended for soil and water conservation operations under the Act of April 27, 1935 (16 U.S.C. 590a-590f) in demonstration projects: Provided further, That this appropriation shall be available for field employment pursuant to the second sentence of section 706 (a) of the Organic Act of 1944 (7 U.S.C. 2225) and not to exceed $25,000 shall be available for employment under 5 U.S.C. 3109: Provided further, That qualified local engineers may be temporarily employed at per diem rates to perform the technical planning work of the Service.

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16 USC 590e-2.

RIVER BASIN SURVEYS AND INVESTIGATIONS

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For necessary expenses to conduct research, investigations, and surveys of the watersheds of rivers and other waterways, in accordance with section 6 of the Watershed Protection and Flood Prevention Act, approved August 4, 1954, as amended (16 U.S.C. 1006-1009), $16,487,000: Provided, That this appropriation shall be available for field employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $60,000 shall be available for employment under 5 U.S.C. 3109. WATERSHED

PLANNING

For necessary expenses for small watershed investigations and planning, in accordance with the Watershed Protection and Flood Prevention Act, as amended (16 U.S.C. 1001-1008), $11,847,000: Provided, That this appropriation shall be available for field employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $50,000 shall be available for employment under 5 U.S.C. 3109. WATERSHED AND FLOOD PREVENTION OPERATIONS

For necessary expenses to carry out preventive measures, including but not limited to research, engineering operations, methods of cultivation, the growing of vegetation, and changes in use of land, in accordance with the Watershed Protection and Flood Prevention Act, approved August 4, 1954, as amended (16 U.S.C. 1001-1005, 10071009), the provisions of the Act of April 27, 1935 (16 U.S.C. 590a-f), and in accordance with the provisions of laws relating to the activities of the Department, $169,607,000 (of which $23,500,000 shall be available for the watersheds authorized under the Flood Control Act, approved June 22, 1936 (33 U.S.C. 701,16 U.S.C. 1006a), as amended „ V and supplemented): Provided, That this appropriation shall be available for field employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $10,000,000 shall be available for emergency measures as provided by

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Page:United States Statutes at Large Volume 92 Part 1.djvu/1141

 •*^:^jsf-'-^'

PUBLIC LAW 95-448—OCT. 11, 1978

92 STAT. 1087

section 216 of the Flood Control Act of 1950 (33 U.S.C. roib-1), and not to exceed $200,000 shall be available for employment under 5 U.S.C. 3109: Provided further, That $26,000,000 in loans may be insured, or Loans. made to be sold and insured, under the Agricultural Credit Insurance Fund of the Farmers Home Administration (86 Stat. 663): Provided further, That, not to exceed $1,000,000 of this appropriation is available to carry out the purposes of the Endangered Species Act of 1973 (Public Law 93-205), as amended, including cooperative efforts as 16 USC 1531 contemplated by that Act to relocate endangered or threatened species note. to other suitable habitats as may be necessary to expedite project construction. RESOURCE CONSERVATION AND DEVELOPMENT

For necessary expenses in planning and carrying out projects for resource conservation and development including authorization of 6 new areas, and for sound land use, pursuant to the provisions of section 32(e) of title III of the Bankhead-Jones Farm Tenant Act, as amended (7 U.S.C. 1010-1011; 76 Stat. 607), and the provisions of the Act of April 27, 1935 (16 U.S.C. 590a-f), $25,000,000: Provided, That $4,000,000 in loans may be insured, or made to be sold and insured, under the Agricultural Credit Insurance Fund of the Farmers Home Administration (86 Stat. 663): Provided further. That this appropriation shall be available for field employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $50,000 shall be available for employment under 5 U.S.C. 3109.

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GREAT PLAINS CONSERVATION PROGRAM

For necessary expenses to carry into effect a program of conservation in the Great Plains area, pursuant to section 16(b) of the Soil Conservation and Domestic Allotment Act, as added by the Act of August 7, 1956, as amended (16 U.S.C. 590p(b)), $18,288,000, to remain available until expended. AGRICULTURAL STABILIZATION AND CONSERVATION SERVICE AGRICULTURAL CONSERVATION PROGRAM

For necessary expenses to carry into effect the program authorized in sections 7 to 15, 16(a), (b), and 17 of the Soil Conservation and Domestic Allotment Act, approved February 29, 1936, as amended and supplemented (16 U.S.C. 590g-590o, 590p(a), (b), and 590q), and sections 1001-1008, and 1010 of the Agricultural Act of 1970, as added by the Agriculture and Consumer Protection Act of 1973 (16 U.S.C. 1501-1508, and 1510), and including not to exceed $15,000 for the preparation and display of exhibits, including such displays at State, interstate, and international fairs within the United States, $190,000,000, of which $75,000,000 shall be available immediately upon enactment, for compliance with the programs of soil-building and soil- and water-conserving practices authorized under this head in the Agriculture and Related Agencies Appropriation Act 1978, 91 Stat. 810. entered into during the period October 1, 1977, to December 31, 1978, inclusive: Provided, That no portion of the funds for the current year's program may be utilized to provide financial or technical assist-

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Page:United States Statutes at Large Volume 92 Part 1.djvu/1142

 92 STAT. 1088

16 USC 590g.

91 Stat. 1019.

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53 Stat. 1147.

PUBLIC LAW 95-448—OCT. 11, 1978 ance for drainage on wetlands now designated as Wetland Types 3 ( III) through 20 (XX) in United States Department of the Interior, Fish and Wildlife Circular 39, Wetlands of the United States, 1956: Provided further, That necessary amounts shall be available for administrative expenses in connection with the formulation and administration of the 1979 program of soil-building and soil- and water-conserving practices, including related wildlife conserving practices, and pollution abatement practices, under the Act of February 29, 1936, as amended (amounting to $190,000,000, excluding administration, to incur obligations and to liquidate such obligations, to remain available until expended, but including technical assistance and related expenses, except that no participant in the Agricultural Conservation Program shall receive more than $3,500, except where the participants from two or more farms or ranches join to carry out approved practices designed to conserve or improve the agicultural resources of the community): Provided further, That such amounts shall be available for the purchase of seeds, fertilizers, lime, trees, or any other conservation material, or any soil-terracing services, and making grants thereof to agricultural producers to aid them in carrying out enduring conservation and environmental enhancement measures and practices, as specified in section 1501 of Public Law 95-113 (including those practices or programs which are deemed essential to maintain soil productivity, prevent soil depletion, or prevent increased cost of production, thus assuring a continuous supply of food and fiber necessary for the maintenance of a strong and healthy people and economy) as determined by the county committees, approved by the State committees and the Secretary, under programs provided for herein: Provided further, That such assistance will not be used for carrying out measures and practices that are primarily production-oriented or that have little or no conservation or pollution abatement benefits: Provided further, That not to exceed 5 per centum of the allocation for the current year's program for any county may, on the recommendation of such county committee and approval of the State committee, be withheld and allotted to the Soil Conservation Service for services of its technicians in formulating and carrying out the Agricultural Conservation Program in the participating counties, and shall not be utilized by the Soil Conservation Service for any purpose other than technical and other assistance in such counties, and in addition, on the recommendation of such county committee and approval of the State committee, not to exceed 1 per centum may be made available to any other Federal, State, or local public agency for the same purpose and under the same conditions: Provided further. That for the current year's program $2,500,000 shall be available for technical assistance in formulating and carrying out rural environmental practices: Provided further. That no part of any funds available to the Department, or any bureau, office, corporation, or other agency constituting a part of such Department, shall be used in the current fiscal year for the payment of salary or travel expenses of any person who has been convicted of violating the Act entitled "An Act to prevent pernicious political activities", approved August 2, 1939, as amended, or who has been found in accordance with the provisions of title 18 U.S.C. 1913, to have violated or attempted to violate such section which prohibits the use of Federal appropriations for the payment of personal services or other expenses designed to influence in any

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Page:United States Statutes at Large Volume 92 Part 1.djvu/1143

 PUBLIC LAW 95-448—OCT. 11, 1978

92 STAT. 1089

manner a Member of Congress to favor or oppose any legislation or appropriation by Congress except upon request of any Member or through the proper official channels: Provided further, That unexpended funds previously appropriated to liquidate outstanding obligations for the 1975 through 1978 Agricultural Conservation Programs shall be merged with the 1979 appropriation as of December 31, 1978. FORESTRY INCENTIVES PROGRAM

For necessary expenses, not otherwise provided for, to carry out the program of forestry incentives, as authorized in section 4 of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2103), including technical assistance and related expenses, $15,000,000. WATER BANK

PROGRAM

For necessary expenses to carry into effect the provisions of the Water Bank Act (16 U.S.C. 1301-1311), $10,000,000, to remain available until expended. EMERGENCY CONSERVATION MEASURES

For emergency conservation measures, to be used for the same purposes and subject to the same conditions as funds appropriated under this head in the Third Supplemental Appropriations Act, 1957, 71 Stat. 176. $10,000,000, with which shall be merged the unexpended balances of funds heretofore appropriated for emergency conservation measures, TITLE III—DOMESTIC FOOD PROGEAMS FOOD AND NUTRITION SERVICE CHIIJ) NUTRITION PROGRAMS

For necessary expenses to carry out the provisions of the National School Lunch Act, as amended (42 U.S.C. 1751-1761, and 1766), and the applicable provisions other than section 3 of the Child Nutrition Act of 1966, as amended (42 U.S.C. 1773-1785, and 1787); $2,782,300,000, of which $85,190,000 shall be derived from prior-year unobligated balances and $1,411,575,000 shall be derived by transfer from funds available under section 32 of the Act of August 24, 1935 (7 U.S.C. 612c), including $80,000,000 for purchase and distribution of agricultural commodities and other foods pursuant to section 6 of the National School Lunch Act, as amended: Provided, That of the foregoing total amount there shall be available $24,000,000 for the food service equipment assistance program, $1,000,000 for nutrition education projects pursuant to section 18 of the Child Nutrition Act of 1966 (42 U.S.C. 1787), and $25,000,000 for the State administrative expenses: Provided further, That funds provided herein shall remain available until September 30, 1981, in accordance with section 3 of the National School Lunch Act, as amended. SPECIAL M I L K PROGRAM

For necessary expenses to carry out the provisions of the special milk program, as authorized by section 3 of the Child Nutrition Act

42 USC 1772. Funds, transfer,

42 USC 1755.

42 USC 1752.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/1144

 92 STAT. 1090

PUBLIC LAW 95-448—OCT. 11, 1978 of 1966, as amended (42 U.S.C. 1772), $142,000,000, to remain available until September 30, 1980. SPECIAL SUPPLEMENTAL FOOD PROGRAMS

(WIC)

For necessary expenses to carry out the provisions of the special supplemental food program as authorized by section 17 of the Child Nutrition Act of 1966, as amended (42 U.S.C. 1786) and the conmiodity supplemental food program as authorized by section 4(a) of the Agriculture and Consumer Protection Act of 1973, as amended (7 U.S.C. 612c (note)), $569,500,000, to remain available until September 30, 1981. FOOD STAMP PROGRAM

For neces^ry expenses of the food stamp program pursuant to the 7 USC 2011 note. Food Stamp Act of 1964, as amended, $5,779,200,000: Provided, That funds provided herein shall remain available until September 30, 1981, 7 USC 2025. in accordance with section 16 of the Food Stamp Act of 1964, as Availability to amended: Provided further, That no part of the funds appropriated certain by this Act shall be used during the fiscal year ending September 30, households, 1979, to make food stamps available to any household, to the extent prohibition. that the entitlement otherwise available to such household is attributable to an individual who: (i) has reached his eighteenth birthday; (ii) is enrolled in an institution of higher education; and (iii) is properly claimed as a dependent child for Federal income tax purposes by a taxpayer who is not a member of an eligible household: Provided further, That funds provided herein shall be expended in accordance with section 15(b) of the Food Stamp Act of 1964, as amended. 7 USC 2024. FOOD DONATIONS PROGRAM

For necessary expenses to carry out the provisions of section 4(a) of the Agriculture and Consumer Protection Act of 1973, as amended (7 U.S.C. 612c (note)), $12,800,000, to remain available until September 30, 1980. FOOD PROGRAM ADMINISTRATION

For necessary administrative expenses of the Domestic Food Programs funded under this Act, $74,275,000: Provided, That this appropriation shall be available for employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $150,000 shall be available for employment under 5 U.S.C. 3109. TITLE IV—INTERNATIONAL PROGRAMS FOREIGN AGRICULTURAL SERVICE

For necessary expenses for the Foreign Agricultural Service, including carrying out title VI of the Agricultural Act of 1954 (7 U.S.C. 1761-1768), market development activities abroad, and for enabling the Secretary to coordinate and integrate activities of the Department in connection with foreign agricultural work, including not to exceed $52,000 for representation allowances and for expenses pursuant to section 8 of the Act approved August 3, 1956 (7 U.S.C. 1766), $53,645,000: Provided, That not less than $255,000 of the funds contained in this appropriation shall be available to obtain statistics

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Page:United States Statutes at Large Volume 92 Part 1.djvu/1145

 PUBLIC LAW 95-448—OCT. 11, 1978

92 STAT. 1091

and related facts on foreign production and full and complete information on methods used by other countries to move farm commodities in world trade on a competitive basis. INTERNATIONAL DEVELOPMENT STAFF

For necessary expenses of the International Development Staflf to coordinate, plan and direct activities involving international development and technical cooperation in the Department of Agriculture, $199,000, and the Staff may utilize advances of funds, or reimburse this appropriation for expenditures made on behalf of Federal agencies, public and private organizations and institutions under agreements executed pursuant to the agricultural food production assistance programs (7 U.S.C 1736) and the educational and cultural exchange programs of the Department of State (22 U.S.C. 2392). PUBLIC LAW 4 8 0

For expenses during the current fiscal year, not otherwise recoverable, and unrecovered prior years' costs, including interest thereon, under the Agricultural Trade Development and Assistance Act of - -, 1954, as amended (7 U.S.C. 1701-1715, 1721-1726, 1727-I727f, 1731-1736f), as follows: (1) financing the sale of agricultural commodities for convertible foreign currencies and for dollars on credit terms pursuant to titles I and III of said Act, not more than 7 USC 1701, $840,274,000, of which $339,400,000 is herebv appropriated and the 1727. balance derived from proceeds from sales of foreign currencies and dollar loan repayments on long-term credit sales and carr^yover balances; and (2) commodities supplied in connection with dispositions abroad, pursuant to title II of said Act, not more than $573,006,000, of 7 USC 1721. which $466,500,000 is hereby appropriated and the balance to be derived by financing from the Commodity Credit Corporation or from carryover balances. TITLE V—RELATED AGENCIES

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FOOD AND DRUG ADMINISTRATION SALARIES AND EXPENSES

For necessary expenses, not otherwise provided for, of the Food and .Amn c; SH.^ Drug Administration; for payment of salaries and expenses for services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem rate equivalent to the rate for GS-18; for rental of 5 USC 5332 note, special purpose space in the District of Columbia or elsewhere; for miscellaneous and emergency expenses of enforcement activities, authorized or approved by the Secretary and to be accounted for solely on his certificate, not to exceed $10,000; $295,154,000.

BUILDINGS AND FACILITIES

For construction, repair, improvement, extension, alteration, and purchase of fixed equipment or facilities of or used by the Food and Drug Administration, where not otherwise provided, $10,459,000.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/1146

 PUBLIC LAW 95-448—OCT. 11, 1978

92 STAT. 1092

COMMODITY FUTURES TRADING COMMISSION

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For necessary expenses to carry out the provisions of the Commodity Exchange Act, as amended (7 U.S.C. 1 et seq.) including the purchase and hire of passenger motor vehicles; the rental of space in the District of C'olumbia and elsewhere; and not to exceed $75,000 for employment under 5 U.S.C. 3109, $15,304,000 to be available as authorized by law: Provided, That not to exceed $1,000 shall be available for official reception and representation expenses. FARM CREDIT ADMINISTRATION >'s'n^ • *•'

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LIMITATION O N ADMINISTRATIVE EXPENSES

Not to exceed $10,575,000 (from assessments collected from farm credit agencies) shall be obligated during the current fiscal year for administrative expenses including the hire of one passenger motor vehicle. TITLE VI—GENERAL PROVISIONS Passenger motor vehicles.

SEC. 601. Within the unit limit of cost fixed by law, appropriations and authorizations made for the Department of Agriculture for the fiscal year 1979 under this Act shall be available for the purchase, in addition to those specifically provided for, of not to exceed eight OtJ K hundred seventy-eight (878) passenger motor vehicles of which seven hundred thirty-two (732) shall be for replacement only, and for the hire of such vehicles. Uniforms. SEC. 602. Funds available to the Department of Agriculture shall be available for uniforms or allowances therefor as authorized by law (5 U.S.C. 5901-5902). Contracts. SEC. 603. Not less than $1,500,000 of the appropriations of the 7 USC 1623a. Department of Agriculture for research and service work authorized by the Acts of August 14, 1946, July 28, 1954, and September 6, 1958 7 USC 4271. (7 U.S.C. 427, 1621-1629; 42 U.S.C. 1891-1893), shall be available for contracting in accordance with said Acts. Marihuana. SEC. 604. No part of the funds contained in this Act may be used to make production or other payments to a person, persons, or corporations who harvest or knowingly permit to be harvested for illegal use, marihuana, or other such prohibited drug-producing plants on any part of lands owned or controlled by such persons or corporations. Advance funds. SEC. 605. Advances of money from any appropriation for the Department of Agriculture may be made by authority of the Secretary of Agriculture to chiefs of field parties. Working Capital SEC. 606. Obligations chargeable against the "Working Capital Fund Fund. during the period October 1, 1978, through September 30, 1979, shall not exceed $58,000,000: Provided, That no funds appropriated to an agency of the Department shall be transferred to the Working Capital Fund without the approval of the agency administrator. SEC. 607. New obligational authority provided for the following appropriation items in this Act shall remain available until expended: Scientific Activities Overseas (Special Foreign Currency Program); 7 USC 1691note. Public Law 480; Rural Housing for Domestic Farm Labor; Mutual and Self-Help Housing; Watershed and Flood Prevention Operations; Resource Conservation and Development; Forestry Incentives Program; Emergency Conservation Measures; Buildings and Facilities, Food and Drug Administration; Buildings and Facilities, Agri-

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Page:United States Statutes at Large Volume 92 Part 1.djvu/1147

 PUBLIC LAW 95-448—OCT. 11, 1978

92 STAT. 1093

cultural Eesearch Service; Agricultural Conservation Program; and the appropriation to liquidate contract authorizations for the Agricultural Conservation Program. SEC. 608. None of the funds provided in this Act may be used to reduce programs by establishing an end-of-year employment ceiling on permanent positions below the level set herein for the following agencies: Farmers Home Administration, 7,440; Agricultural Stabilization and Conservation Service, 2,473; Foreign Agricultural Service, 738; and Soil Conservation Service, 13,965. SEC. 609. 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. 610. Not to exceed $50,000 of the appropriations available to the Department of Agriculture shall be available to provide appropriate orientation and language training pursuant to Public Law 94-449. SEC. 611. Notwithstanding any other provision of law, employees of the agencies of the Department of Agriculture, including employees of the Agricultural Stabilization and Conservation County Committees, may be utilized to provide part-time and intermittent assistance to other agencies of the Department, without reimbursement, during periods when they are not otherwise fully utilized. Approved October 11, 1978.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 95-1290 (Comm. on Appropriations) and No. 95-1579 (Coram. of Conference). SENATE REPORT No. 95-1058 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 124 (1978): June 22, considered and passed House. Aug. 9, 10, considered and passed Senate, amended. Sept. 26, House agreed to conference report; receded and concurred in Senate amendment No. 83; receded and concurred with amendments in other Senate amendments. Sept. 27, Senate agreed to conference report; concurred in House amendments.

Fiscal year limitation. Language training. 90 Stat. 1500. Part-time and intermittent assistance.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/1148

 92 STAT. 1094

PUBLIC LAW 95-449—OCT. 11, 1978

Public Law 95-449 95th Congress

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Joint Resolution Oct. 11, 1978 [SJ. Res. 29] National Family Week. tion authorization.

To authorize the President to issue a proclamation designating that week in November 1978, which includes Thanksgiving Day as "National Family Week".

Resolved by the Senate and Home of Representatives of the United States of America in Congress assembled, That the President is hereby authorized and requested to issue a proclamation designating the week beginning on the Sunday preceding the fourth Thursday in November 1978, as "National Family Week", and inviting the Governors of the several States, the chief officials of local governments, and the people of the United States to observe such day with appropriate ceremonies and activities. Approved October 11, 1978.

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LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1371 accompanying H.J. Res. 684 (Comm. on Post Office and Civil Service). SENATE REPORT No. 95-1238 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 124 (1978): Sept. 27, considered and passed Senate. Sept. 29, considered and passed House, in lieu of H J. Res. 684.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/1149

 PUBLIC LAW 95-450—OCT. 11, 1978

92 STAT. 1095

Public Law 95-450 95th Congress An Act To create the Indian Peaks Wilderness Area and the Arapaho National Recreation Area, to authorize the Secretary of the Interior to study the feasibility of revising the boundaries of the Rocky Mountain National Park, and to add certain lands to the Oregon Islands Wilderness.

Be it enacted by the Senate aTid House of Representatives of the United States of America in Congress assembled, SHORT TITLE

1. This Act may be cited as the "Indian Peaks Wilderness Area, the Arapaho National Recreation Area and the Oregon Islands Wilderness Area Act". SECTION

FINDINGS AND PURPOSES

SEC. 2. The Congress finds that it is in the national interest— (1) to include the land within the Arapaho and the Roosevelt National Forests known as the Indian Peaks Area in the National Wilderness Preservation System so as to protect the area's enduring scenic and historic wilderness character and its unique wildlife i and to preserve the area's scientific, educational, recreational, and ' inspirational resources and challenges; and (2) to create the Arapaho National Recreation Area within the Arapaho and the Roosevelt National Forests and the Colorado Big Thompson project so as to preserve and protect the natural, scenic, historic, pastoral, and wildlife resources of the area and to enhance the recreational opportunities provided.

Oct. 11, 1978 [H.R. 12026]

Indian Peaks Wilderness Area, the Arapaho National Recreation Area and the Oregon Islands Wilderness Area Act 16 USC 460jj note. 16 USC 460jj note.

I N D I A N PEAKS WILDERNESS AREA

SEC. 3. (a) An area of land comprising approximately seventy 16 USC 1132 thousand acres located in Boulder and Grand Counties, Colorado, note. within the Arapaho and the Roosevelt National Forests (as generally depicted as the "Indian Peaks Wilderness Area" on a map entitled "Indian Peaks Wilderness Area and Arapaho National Recreation Area", dated July 1978) is designated for purposes of the Wilderness Act (16 U.S.C. 1131-1136) as a wilderness area and shall be known as the Indian Peaks Wilderness Area. (b) The Indian Peaks Wilderness Area shall be administered by the Administration. Secretary of Agriculture (hereafter in this Act referred to as the "Secretary") pursuant to those provisions of the Wilderness Act which govern areas designated by that Act as wilderness areas, except that any reference in such provisions to the effective date of the Wilderness Act shall be deemed to be a reference to the effective date of this Act. ARAPAHO NATIONAL RECREATION AREA

SEC. 4. (a) An area of land comprising approximately thirty-six 16 USC 460jj. thousand two hundred thirty-five acres located in Grand County, Colorado, within the Arapaho and the Roosevelt National Forests and the Colorado Big Thompson project (as generally depicted as the

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Page:United States Statutes at Large Volume 92 Part 1.djvu/1150

 92 STAT. 1096

Administration.

' " 'I'fly '"'J,'";,. ' /..»^/', ,. Management pl*»,.

PUBLIC LAW 95-450—OCT. 11, 1978 "Arapaho National Recreation Area" on a map entitled "Indian Peaks Wilderness Area and Arapaho National Recreation Area", dated July 1978) is established as the Arapaho National Recreation Area. (b) The Secretary shall administer the Arapaho National Recreation Area, in accordance with the laws and regulations applicable to the national forests, in such a manner as will best provide for— (1) public recreation and enjoyment; (2) the conservation and development of the scenic, natural, historic, and pastoral values of the area; (3) the management, utilization, and disposal of natural resources such as timber, grazing, and mineral resources so that their utilization will not substantially impair the purposes for which the recreation area is established; and (4) the management of water quality in the recreation area consistent with the development of needed water supply and waste-water systems, including the control of aquatic vegetation in the streams, lakes, and reservoirs within the recreation area. (c^ The Secretary shall develop an overall management plan for the Arapaho National Recreation Area. This plan shall be developed in consultation with State and local political subdivisions and other interested persons. KECKEATION AREA

,

Land acquisition. SEC. 5. (a)(1) The Secretary is authorized to acquire by donation, 16 USC 460JJ-1. purchase with donated or appropriated funds, exchange, or bequest, any lands or lesser interests therein, including mineral interests and scenic easements, which the Secretary determines are needed to establish and manage the Arapaho National Recreation Area. In determining what private property is needed to establish and manage the Arapaho National Recreation Area the Secretary shall utilize the approved county zoning plan to identify those properties whose use or intended use is not in conformance with the overall intent of this Act. "Scenic (2) As used in this section, the term "scenic easement" means the easement. right to control the use of land in order to carry out this Act, but shall f;',,';,^{ not preclude the continuation of any use that is compatible with the . JK<; overall management plan for the Arapaho National Recreation Area developed pursuant to subsection (c) of section 4. (b) In exercising the authority conferred by this section to acquire lands, the Secretary shall give prompt and careful consideration to any offer made by an individual owning any land, or interest in land, within the Arapaho National Recreation Area. In considering any such offer, the Secretary shall take into consideration any hardship to •jRHtiabA the owner which might result from any undue delay in acquiring the property. Purchases made under this authority shall be made on a willing buyer, willing seller basis. (c) In exercising the authority conferred by this section to acquire property by exchange, the Secretary may accept title to any nonFederal land, or interests therein, located within the Arapaho National Recreation Area and the Secretary may convey in exchange therefor any federally owned lands or interests in lands within the State of Colorado which are classified by the Secretary as suitable for •:MU A exchange and which are under the Secretary's administrative jurisdicf tion. The values of any lands or interests in lands so exchanged shall be approximately equal, or if they are not approximately equal, they shall be equalized by the payment of cash to the grantor or to the Secretary so long as payment does not exceed 25 per centum of the total value

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Page:United States Statutes at Large Volume 92 Part 1.djvu/1151

 PUBLIC LAW 95-450—OCT. 11, 1978 of the land or interest in land. In utilizing cash equalization in exchanges the Secretary shall try to reduce the amount of the payment of money to as small an amount as possible. In the exercise of his exchange authority, the Secretary may utilize authorities and procedures available to him in making exchanges of national forest lands. (d) Any land or interest in land owned by the State of Colorado or any of its political subdivisions may be acquired only by donation or exchange. (e) Notwithstanding any other provision of law, any Federal lands or interests in lands located within the Arapaho National Recreation Area shall be transferred without consideration to the administrative jurisdiction of the Secretary for use by the Secretary in carrying out this Act. Lands within the Arapaho National Recreation Area acquired by the Secretary or transferred to the Secretary's administrative jurisdiction shall become part of that recreation area and of the national forest within or adjacent to which they are located: Provided, That the operation and facilities of the Colorado Big Thompson project shall remain under the jurisdiction of the United States Bureau of Reclamation.

92 STAT. 1097

H U N T I N G AND F I S H I N G I N THE ARAPAHO NATIONAL RECREATION AREA

' SEC. 6. The Secretary shall permit hunting and fishing on lands and 16 USC 460jj-2. waters under the Secretary's jurisdiction within the boundaries of the Arapaho National Recreation Area in accordance with the laws of the United States and the State of Colorado, except that the Secretary may designate zones where, and establish periods when, no hunting or fishing shall be permitted for reasons of public safety, area general administration, or public use and enjoyment. Except in emergencies, Regulations. any regulations made by the Secretary pursuant to this section shall be put into effect only after consultation with the appropriate State fish and game department.

PERMITS FOR FACILITIES AND SERVICES I N THE ARAPAHO NATIONAL RECREATION AREA

SEC. 7. The Secretary shall cooperate with other Federal agencies, 16 USC 460jj-3. with State and local public agencies, and with private individuals and organizations in the issuance of permits for facilities and services in the Arapaho National Recreation Area and the development and operation of those facilities and services. APPLICATION OF STATE WATER LAWS TO THE ARAPAHO NATIONAL RECREATION AREA
 * .,_

SEC. 8. The jurisdiction of the State of Colorado and the United 16 USC 460jj-4. States over waters of any stream included in the Arapaho National Recreation Area shall be determined by established principles of law. Nothing in this Act shall constitute an express or implied claim or denial on the part of the Federal Government as to exemption from State water laws. FILING OF MAPS

SEC. 9. As soon as practicable after the date of enactment of this 16 USC 460jj-5. Act, the Secretary shall file a map and legal description of the Indian Peaks Wilderness Area and the Arapaho National Recreation Area

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Page:United States Statutes at Large Volume 92 Part 1.djvu/1152

 92 STAT. 1098

PUBLIC LAW 95-450—OCT. 11, 1978 with the Committee on Energy and Natural Resources of the Senate and the Committee on Interior and Insular Affairs of the House of Representatives and such description shall have the same force and effect as if included in this Act, except that correction of any clerical or typographical errors in such map and description may be made. Such map and the map entitled "Indian Peaks Wilderness Area and Arapaho National Recreation Area", dated July 1978, shall be on file and made available for public inspection in the offices of the Chief of the Forest Service, Department of Agricultra-e. STATE CIVIL AND CRIMINAL JURISDICITON

16 USC 460ij-6.

=

SEC. 10. Nothing in this Act shall diminish, enlarge, or modify any right of the State of Colorado, or any political subdivision thereof, to exercise civil and criminal jurisdiction within the Indian Peaks Wilderness Area or the Arapaho National Recreation Area or of rights to tax persons, franchises, or property, including mineral or other interests, in or on lands or waters within those areas. AUTHORIZATION OF APPROPRIATIONS

16 USC 460]]-?.

.>,,:,

.,v;

SEC. 11. Effective October 1, 1979, there are authorized to be appropriated to carry out sections 1 through 10 of this Act $5,000,000 for the acquisition of lands and interests in lands and $5,000,000 for water quality and recreation development. Moneys appropriated from the Land and Water Conservation Fund shall be available for the acc^uisition of lands and interests therein within the Arapaho National Recreation Area. OREGON ISLANDS WILDERNESS

SEC. 12. (a) In accordance with subsection 3(c) of the Wilderness 16 USC 1132. Act (78 Stat. 892), certain lands in the Oregon Islands National Wild^ life Refuge, Oregon, which comprise approximately four hundred fifty-nine acres, which are depicted on a map entitled "Oregon Islands Wilderness—Proposed", dated June 1972 (revised July 1972), is hereby designated as wilderness and shall become a part of the existing "Oregon Islands Wilderness". Filing of map (b) As soon as practicable after this Act takes effect, the Secretary with of the Interior shall file a map and legal description of the Oregon congressional Islands Wilderness with the Committee on Energy and Natural committees. Resources of the Senate and the Interior and Insular Affairs Committee of the House of Representatives and such map and description shall have the same force and effect as if included in this Act: Provided, however. That correction of clerical and typographical errors in such legal description and map may be made. A map and legal r-tr» ! oa.i rtf description of the Oregon Islands Wilderness shall be on file and availaple for public inspection in the Office of the Director, Fish and Wildlife Service, Department of the Interior. (c) The lands designated by this Act as the Oregon Islands Wilderness shall be administered in accordance with the applicable provisions of the Wilderness Act governing areas designated by that Act as wilderness areas, except that any reference in such provisions to the effective date of the Wilderness Act shall be deemed to be a reference • * ' ' •: to the effective date of this Act and, where appropriate, any reference to the Secretary of Agriculture shall be deemed to be a reference to the Secretary of the Interior.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/1153

 PUBLIC LAW 95-450—OCT. 11, 1978

92 STAT. 1099

ROCKY M O U N T A I N NATIONAL PARK STUDY

Within one year of the date of enactment of this Act, the Secretary of Agriculture and the Secretary of the Interior shall jointly develop and submit to the Committee on Interior and Insular Affairs of the House of Representatives and the Committee on Energy and Natural Resources of the Senate, a comprehensive report studying and evaluating the suitability of revising the boundaries of Rocky Mountain National Park to include all or part of the Indian Peaks Wilderness Area as established by this Act and examining the possible addition or deletion of other lands designated as "Park Study Area" on a map entitled "Indian Peaks Wilderness Area and Arapaho National Recreation Area" dated July 1978: Provided, That regardless of the ultimate administration of the areas to be studied under this section, the seventy thousand-acre Indian Peaks Wilderness Area established by this Act shall remain as a component of the National Wilderness Preservation System. SEO.13.

Approved October 11, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1460 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD, Vol. 124 (1978): Sept. 12, considered and passed House. Sept. 27, considered and passed Senate.

39-194 O—80—pt. 1

73: QU

Report to congressional ^^™^'p®fi

16 USC 1132 note.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/1154

 92 STAT. 1100

PUBLIC LAW 95-451—OCT. 11, 1978

Public Law 95-451 95th Congress Oct. 11, 1978 [S. 3467]

W. R. "Bob" Poage Pecan Field Station, P®^:. esigna ion.

An Act

rpQ designate the United States Department of Agriculture's Pecan Field Station ill Brownwood, Texas, as the "W. R. 'Bob' Poage Pecan Field Station".

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the United States Department of Agriculture's Pecan Field Station in Brownwood, Texas, shall hereafter be known and designated as the "W. K. 'Bob' Poage Pecan Field Station". Any reference to such laboratory ^^ ^^^ j ^ ^ ^ regulation, document, record, or other paper of the United States shall be deemed a reference to it as the W. K. "Bob" Poage Pecan Field Station. Approved October 11, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1549 accompanying H.R. 11123 (Comm. on Agriculture). SENATE REPORT No. 95-1153 (Comm. on Agriculture, Nutrition, and Forestry). CONGRESSIONAL RECORD, Vol. 124 (1978): Sept. 7, considered and passed Senate. Sept. 26, H.R. 11123 considered and passed House; passage vacated and S. 3467, amended, passed in lieu. ~ Oct. 2, Senate concurred in House amendments. .s;-.",»v. »4 u.

 * --»)«'•-OM'>-«K

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Page:United States Statutes at Large Volume 92 Part 1.djvu/1155

 PUBLIC LAW 95-452—OCT. 12, 1978

92 STAT. 1101

Public Law 95-452 95th Congress An Act To reorganize the executive branch of the Government and increase its economy and efficiency by establishing Offices of Inspector General within the Departments of Agriculture, Commerce, Housing and Urban Development, the Interior, Labor, and Transportation, and within the Community Services Administration, the Environmental Protection Agency, the General Services Administration, the National Aeronautics and Space Administration, the Small Business Administration, and the Veterans' Administration, 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 be cited as the "Inspector General Act of 1978". PURPOSE; ESTABLISHMENT

'"

SEC. 2. In order to create independent and objective units— (1) to conduct and supervise audits and investigations relating to programs and operations of the Department of Agriculture, the Department of Commerce, the Department of Housing and Urban Development, the Department of the Interior, the Department of Labor, the Department of Transportation, the Community Services Administration, the Environmental Protection Agency, the General Services Administration, the National Aeronautics and Space Administration, the Small Business Administration, and the Veterans' Administration; (2) to provide leadership and coordination and recommend policies for activities designed (A) to promote economy, efficiency, and effectiveness in the administration of, and (B) to prevent and detect fraud and abuse in, such programs and operations; and (3) to provide a means for keeping the head of the establishment and the Congress fully and currently informed about problems and deficiencies relating to the administration of such programs and operations and the necessity for and progress of corrective action; thereby is hereby established in each of such establishments an office of Inspector General.

Oct. 12. 1978 [H.R. 8588]

Inspector General Act of 1978. 5 USC app. Office of ^, Inspector General. 5 USC app.

APPOINTMENT AXD REMOVAL OF OFFICERS

SEC. 3. (a) There shall be at the head of each Office an Inspector Gen- 5 USC app. eral who shall be appointed by the President, by and with the advice and consent of the Senate, without regard to political affiliation and solely on the basis of integrity and demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, or investigations. Each Inspector General shall report to and be under the general supervision of the head of the establishment involved or, to the extent such authority is delegated, the officer next in rank below such head, but shall not report to, or be subject to supervision by, any other officer of such establishment. Neither the head of the establishment nor the officer next in rank below such head shall prevent or prohibit the Inspector General from initiating, carrying out, or completing any audit or investigation, or from issuing any subpena during the course of any audit or investigation.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/1156

 92 STAT. 1102

PUBLIC LAW 95-452—OCT. 12, 1978

(b) An Inspector General may be removed from office by the President. The President shall communicate the reasons for any such removal to both Houses of Congress. (c) For the purposes of section 7324 of title 5, United States Code, no Inspector General shall be considered to be an employee who determines policies to be pursued by the United States in the nationwide administration of Federal laws. (d) Each Inspector General shall, in accordance with applicable laws and regulations governing the civil service— (1) appoint an Assistant Inspector General for Auditing who shall have the responsibility for supervising the performance of auditing activities relating to programs and operations of the establishment, and (2) appoint an Assistant Inspector General for Investigations •^,,^i.' who shall have the responsibility for supervising the performance of investigative activities relating to such programs and .«<!;, ij^t'-S a operations. DUTIES AND RESPONSIBILITIES

5 USC app. V

..,;.

SEC. 4. (a) It shall be the duty and responsibility of each Inspector General, with respect to the establishment within which his Office is established— (1) to provide policy direction for and to conduct, supervise, and coordinate audits and investigations relating to the programs and operations of such establishment; (2) to review existing and proposed legislation and regulations relating to programs and operations of such establishment and to make recommendations in the semiannual reports required by section 5(a) concerning the impact of such legislation or regulations on the economy and efficiency in the administration of programs and operations administered or financed by such establishment or the prevention and detection of fraud and abuse in such programs and operations; (3) to recommend policies for, and to conduct, supervise, or coordinate other activities carried out or financed by such establishment for the purpose of promoting economy and efficiency in the administration of, or preventing and detecting fraud and abuse in, its programs and operations; (4) to recommend policies for, and to conduct, supervise, or coordinate relationships betAveen such establishment and other Federal agencies. State and local governmental agencies, and nongovernmental entities with respect to (A) all matters relating to the promotion of economy and efficiency in the administration of, or the prevention and detection of fraud and abuse in, programs and operations administered or financed by such establishment, or (B) the identification and prosecution of participants in such fraud or abuse; and (5) to keep the head of such establishment and the Congress fully and currently informed, by means of the reports required by section 5 and otherwise, concerning fraud and other serious problems, abuses, and deficiencies relating to the administration of programs and operations administered or financed by such establishment, to recommend corrective action concerning such problems, abuses, and deficiencies, and to report on the progress made in implementing such corrective action. (b) In carrying out the responsibilities specified in subsection (a) (1), each Inspector General shall—

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Page:United States Statutes at Large Volume 92 Part 1.djvu/1157

 PUBLIC LAW 95-452—OCT. 12, 1978

92 STAT. 1103

(1) comply with standards established by the Comptroller General of the United States for audits of Federal establishments, organizations, programs, activities, and functions; (2) establish guidelines for determining when it shall be appropriate to use non-Federal auditors; and (3) take appropriate steps to assure that any work performed by non-Federal auditors complies with the standards established by the Comptroller General as described in paragraph (1). (c) In carrying out the duties and responsibilities established under this Act, each Inspector General shall give particular regard to the activities of the Comptroller General of the United States with a view toward avoiding duplication and insuring effective coordination and cooperation. (d) In carrying out the duties and responsibilities established under this Act, each Inspector General shall report expeditiously to the Attorney General whenever the Inspector General has reasonable grounds to believe there has been a violation of Federal criminal law.

Report violations to Attorney General.

REPORTS

SEC. 5. (a) Each Inspector General shall, not later than April 30 and October 31 of each year, prepare semiannual reports summarizing the activities of the Office during the immediately preceding six-month periods ending March 31 and September 30. Such reports shall include, but need not be limited to— (1) a description of significant problems, abuses, and deficiencies relating to the administration of programs and operations of such establishment disclosed by such activities during the reporting period; (2) a description of the recommendations for corrective action made by the Office during the reporting period with respect to significant problems, abuses, or deficiencies identified pursuant to paragraph (1); (3) an identification of each significant recommendation described in previous semiannual reports on which corrective action has not been completed; (4) a summary of matters referred to prosecutive authorities and the prosecutions and convictions which have resulted; (5) a summary of each report made to the head of the establishment under section 6(b)(2) during the reporting period; and (6) a listing of each audit report completed by the Office during the reporting period. (b) Semiannual reports of each Inspector General shall be furnished to the head of the establishment involved not later than April 30 and October 31 of each year and shall be transmitted by such head to the appropriate committees or subcommittees of the Congress within thirty days after receipt of the report, together with a report by the head of the establishment containing any comments such head deems appropriate. (c) Within sixty days of the transmission of the semiannual reports of each Inspector General to the Congress, the head of each establishment shall make copies of such report available to the public upon request and at a reasonable cost. (d) Each Inspector General shall report immediately to the head of the establishment involved whenever the Inspector General becomes aware of particularly serious or flagrant problems, abuses, or deficiencies relating to the administration of programs and operations of

5 USC app.

Transmittal to Congress. ^^ '

Availability to public,

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Page:United States Statutes at Large Volume 92 Part 1.djvu/1158

 92 STAT. 1104 Transmittal to Congress.

PUBLIC LAW 95-452—OCT. 12, 1978 such establishment. The head of the establishment shall transmit any gu^h report to the appropriate committees or subcommittees of Congress within seven calendar days, together with a report by the head of the establishment containing any comments such head deems appropriate. AUTHORITY; ADMINISTRATION PROVISIONS

5 USC app.

SEC. 6. (a) In addition to the authority otherwise provided by this Act, each Inspector General, in carrying out the provisions of this Act, is authorized— (1) to have access to all records, reports, audits, reviews, documents, papers, recommendations, or other material available to the applicable establishment which relate to programs and operations with respect to which that Inspector General has responsibilities under this Act; (2) to make such investigations and reports relating to the administration of the programs and operations of the applicable establishment as are, in the judgment of the Inspector General, necessary or desirable; (3) to request such information or assistance as may be neces,^,j^ 'ii I sary for carrying out the duties and responsibilities provided by •' "'''"" this Act from any Federal, State, or local governmental agency or unit thereof; (4) to require by subpena the production of all information, documents, reports, answers, records, accounts, papers, and other data and documentary evidence necessary in the performance of the functions assigned by this Act, which subpena, in the case of contumacy or refusal to obey, shall be enforceable by order of any appropriate United States district court: Provided, That procedures other than subpenas shall be used by the Inspector General to obtain documents and information from Federal agencies; (5) to have direct and prompt access to the head of the establishment involved when necessary for any purpose pertaining to the performance of functions and responsibilities under this Act; (6) to select, appoint, and employ such officers and employees as may be necessary for carrying out the functions, powers, and duties of the Office subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and the provisions of chapter 51 and subchapter III of chapter 53 5 USC 5101 et of such title relating to classification and General Schedule pay seq., 5331. rates; (7) to obtain services as authorized by section 3109 of title 5, , United States Code, at daily rates not to exceed the equivalent rate prescribed for grade GS-18 of the General Schedule by 5 USC 5332 note. section 5332 of title 5, United States Code; and (8) to the extent and in such amounts as may be provided in advance by appropriations Acts, to enter into contracts and other arrangements for audits, studies, analyses, and other services wath public agencies and with private persons, and to make such pay^,, ments as may be necessary to carry out the provisions of this Act. (b)(1) Upon request of an Inspector General for information or assistance under subsection (a)(3), the head of any Federal agency involved shall, insofar as is practicable and not in contravention of any existing statutory restriction or regulation of the Federal agency from which the information is requested, furnish to such Inspector General, or to an authorized designee, such information or assistance. (2) Whenever information or assistance requested under subsection

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Page:United States Statutes at Large Volume 92 Part 1.djvu/1159

 PUBLIC LAW 95-452—OCT. 12, 1978

92 STAT. 1105

(a)(1) or (a)(3) is, in the judgment of an Inspector General, unreasonably refused or not provided, the Inspector General shall report the circumstances to the head of the establishment involved without delay. (c) Each head of an establishment shall provide the Office within such establishment with appropriate and adequate office space at central and field office locations of such establishment, together with such equipment, office supplies, and communications facilities and services as may be necessary for the operation of such offices, and shall provide necessary maintenance services for such offices and the equipment and facilities located therein. EMPLOTEE COMPLAINTS

'• '

SEC. 7. (a) The Inspector General may receive and investigate com- 5 USC app. plaints or information from an employee of the establishment concerning the possible existence of an activity constituting a violation of law, rules, or regulations, or mismanagement, gross waste of funds, abuse of authority or a substantial and specific danger to the public health and safety. (b) The Inspector General shall not, after receipt of a complaint or information from an employee, disclose the identity of the employee without the consent of the employee, unless the Inspector General determines such disclosure is unavoidable during the course of the investigation. (c) Any employee who has authority to take, direct others to take, recommend, or approve any personnel action, shall not, with respect to such authority, take or threaten to take any action against any employee as a reprisal for making a complaint or disclosing information to an Inspector General, unless the complaint was made or the information disclosed with the knowledge that it was false or with willful disregard for its truth or falsity. .; J;;

J,

S E M I A N N U A L REPORTS

f

— -

SEC. 8 (a)(1) The Secretary of Defense shall submit to the Congress semiannual reports during the period ending October 1, 1982, summarizing the activities of the audit, investigative and inspection units of the Department of Defense. Such reports shall be submitted within sixty days of the close of the reporting periods ending March 31 and September 30 and shall include, but not be limited to— (A) a description of significant instances or patterns of fraud, 5 waste, or abuse disclosed by the audit, investigative, and inspection activities during the reporting period and a description of recommendations for corrective action made with respect to such instances or patterns; (B) a summary of matters referred for prosecution and of the I results of such prosecutions; and (C) a statistical summary, by categories of subject matter, of audit and inspection reports completed during the reporting period. (2) Within sixty days of the transmission of the semiannual reports. the Secretary shall make copies of such reports available to the public upon request and at a reasonable cost. (3) If the Secretary concludes that compliance with the reporting requirements in paragraphs (1) and (2) of this subsection would require inclusion of material that may constitute a threat to the

Submittal to Congress, 5 USC app.

,.,-i

Availability to public,

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Page:United States Statutes at Large Volume 92 Part 1.djvu/1160

 92 STAT. 1106

Submittal of proposed ition.

Task force, establishment. Membership.

Comprehensive report.

PUBLIC LAW 95-452—OCT. 12, 1978 national security or disclose an intelligence function or activity, the Secretary may exclude such material from the report. If material is excluded from a report under this subsection, the Secretary shall provide the chairmen and ranking minority members of the appropriate committees or subcommittees with a general description of the nature of the material excluded. (4) The Secretary may delegate his responsibilities under paragraphs (1) through (3): Provided, That the delegation be to an official witliin the Office of the Secretary of Defense who is a Presidential appointee confirmed by the Senate. In preparing the reports, the designee of the Secretary shall have the same access to information held by the audit, investigative or inspection units as the Secretary would. (5) In order to effectuate the purposes of this Act with respect to the Department of Defense, the Secretary of Defense shall submit, not later than March 31, 1981, proposed legislation to establish appropriate reporting procedures, for the period after October 1, 1982, concerning the audit, investigative and inspection activities of the Department of Defense. (b)(1) The Secretary of Defense shall establish a task force to study the operation of the audit, investigative, and inspection components in the Department of Defense which engage in the prevention and detection of fraud, waste, and abuse. The Secretary shall appoint the Director and other members of the task force: Provided, That the Director shall be a person who is not an employee of the Department of Defense. The Director shall have the authority to hire such additional staff as is necessary to complete the study. (2) The Director and members of the task force and, upon the request of a member or the Director, the staff of the task force shall have access to all information relevant to the study and held by the audit, investigative, and inspection components in the Department of Defense including reports prepared by such components: Provided, That— (A) such information or reports may be withheld if a component head determines that disclosure would compromise an (B) the Inspectors General of the Military Departments may delete the names of individuals in a report prepared by them if the Inspector General determines that the inclusion of the names would affect the ability of the Inspector General to obtain information in future investigations and inspections; and (C) no classified information shall be released to the task force unless the members and staff who will have access to the classified information have the appropriate clearances. Upon the request of the Director, the Secretary of Defense and the Secretaries of the Military Departments shall assure that the task force has access to information as provided in this subsection. (3) The task force shall prepare a comprehensive report that shall include, but not be limited to— „ (A) a description of the functions of the audit, investigative and inspection components in the Department of Defense and the extent to which such components cooperate in their efforts to detect and prevent fraud, waste and abuse; (B) an evaluation of whether such components are sufficiently "::. independent to carry out their responsibilities; (C) the relationship between such components and the Criminal Division of the Department of Justice; and
 * active investigation of wrong-doing;

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Page:United States Statutes at Large Volume 92 Part 1.djvu/1161

 PUBLIC LAW 95-452—OCT. 12, 1978

92 STAT. 1107

(D) recommendations for change in organization or functions that may be necessary to improve the effectiveness of such components. (4) The task force shall submit its final report to the Secretary of Final report. Defense and the Director of the Office of Management and Budget. The Secretary and the Director of the Office of Management and Budget may, in the form of addenda to the report, provide any additional information that they deem necessary. The Secretary shall submit the report and the addenda to the Congress not later than April 1, 1980. The task force shall be disestablished sixty days following such submission. (5) Any matter concerning the intelligence or counterintelligence activities of the Department of Defense and assigned by regulation to the Inspector General for Defense Intelligence shall be excluded from the study of the task force. TRANSFER OF FUNCTIONS

SEC. 9. (a) There shall be transferred— 5 USC app. (1) to the Office of Inspector General— (A) of the Department of Agriculture, the offices of that department referred to as the "Office of Investigation" and the "Office of Audit"; (B) of the Department of Commerce, the offices of that department referred to as the "Office of Audits" and the "Investigations and Inspections Staff" and that portion of the office referred to as the "Office of Investigations and Security" which has responsibility for investigation of alleged criminal violations and program abuse; (C) of the Department of Housing and Urban Development, the office of that department referred to as the "Office of Inspector General"; (D) of the Department of the Interior, the office of that department referred to as the "Office of Audit and Investigation"; (E) of the Department of Labor, the office of that department referred to as the "Office of Special Investigations"; (F) of the Department of Transportation, the offices of that department referred to as the "Office of Investigations and Security" and the "Office of Audit" of the Department, ,; the "Offices of Investigations and Security, Federal Aviation Administration", and "External Audit Divisions, Federal Aviation Administration", the "Investigations Division and the External Audit Division of the Office of Program ^ Review and Investigation, Federal Highway Administration", and the "Office of Program Audits, Urban Mass Transportation Administration"; (G) of the Community Services Administration, the offices of that agency referred to as the "Inspections Division", the "External Audit Division", and the "Internal Audit Division"; (H) of the Environmental Protection Agency, the offices of that agency referred to as the "Office of Audit" and the "Security and Inspection Division"; . (I) of the General Services Administration, the offices of that agency referred to as the "Office of Audits" and the "Office of Investigations":

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