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Page:United States Statutes at Large Volume 92 Part 2.djvu/1107

 PUBLIC LAW 95-563—NOV. 1, 1978

92 STAT. 2387

(g)(1) The decision of an agency board of contract appeals shall Judicial review. be final, except that— (A) a contractor may appeal such a decision to the Court of Claims within one hundred twenty days after the date of receipt of a copy of such decision, or (B) the agency head, if he determines that an appeal should be taken, and with the prior approval of the Attorney General, transmits the decision of the board of contract appeals to the United States Court of Claims for judicial review, under section 2510 of title 28, United States Code, as amended herein, within one hundred and twenty days from the date of the agency's receipt of a copy of the board's decision. (2) Notwithstanding the provisions of paragraph (1), the decision of the board of contract appeals of the Tennessee Valley Authority shall be final, except that— (A) a contractor may appeal such a decision to a United States district court pursuant to the provisions of section 1337 of title 28, United States Code within one hundred twenty days after the date of receipt of a copy of such decision, or (B) The Tennessee Valley Authority may appeal the decision to a United States district court pursuant to the provisions of section 1337 of title 28, United States Code, within one hundred ' twenty days after the date of the decision in any case. (h) Pursuant to the authority conferred under the Office of Federal Guidelines. Procurement Policy Act, the Administrator is authorized and directed, 41 USC 401 as may be necessary or desirable to carry out the provisions of this note. Act, to issue guidelines with respect to criteria for the establishment, functions, and procedures of the agency boards (except for a board established by the Tennessee Valley Authority). (i) Within one hundred and twenty days from the date of enactment Workload of this Act, all agency boards, except that of the Tennessee Valley studies. Authority, of three or more full time members shall develop workload studies for approval by the agency head as specified in section 8(a)(1). SMALL CLAIMS

SEC. 9. (a) The rules of each agency board shall include a procedure Procedure rules, for the expedited disposition of any appeal from a decision of a con- provisions. tracting officer Avhere the amount in dispute is $10,000 or less. The small 41 USC 608. claims procedure shall be applicable at the sole election of the contractor. (b) The small claims procedure shall provide for simplified rules of procedure to facilitate the decision of any appeal thereunder. Such appeals may be decided by a single member of the agency board with such concurrences as may be provided by rule or regulation. (c) Appeals under the small claims procedure shall be resolved, whenever possible, within one hundred twenty days from the date on which the contractor elects to utilize such procedure. (d) A decision against the Government or the contractor reached under the small claims procedure shall be final and conclusive and shall not be set aside except in cases of fraud. (e) Administrative determinations and final decisions under this section shall have no value as precedent for future cases under this Act. (f) The Administrator is authorized to review at least every three Review, years, beginning with the third year after the enactment of the Act,

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1108

 PUBLIC LAW 95-563—NOV. 1, 1978

92 STAT. 2388

the dollar amount defined in section 9(a) as a small claim, and based upon economic indexes selected by the Administrator adjust that level accordingly. ACTIONS I N C O U R T: JUDICIAL REVIEW OF BOARD DECISIONS

41 USC 609.

i.'i

SEC. 10. (a)(1) Except as provided in paragraph (2), and in lieu of appealing the decision of the contracting officer under section 6 to an agency board, a contractor may bring an action directly on the claim in the United States Court of Claims, notwithstanding any contract provision, regulation, or rule of law to the contrary. (2) In the case of an action against the Tennessee Valley Authority, the contractor may only bring an action directly on the claim in a United States district court pursuant to section 1337 of title 28, United States Code, notwithstanding any contract provision, regulation, or rule of law to the contrary. (3) Any action under paragraph (1) or (2) shall be filed within twelve months from the date of the receipt by the contractor of the decision of the contracting officer concerning the claim, and shall proceed de novo in accordance with the rules of the appropriate court. (b) In the event of an appeal by a contractor or the Government from a decision of any agency board pursuant to section 8, notwithstanding any contract provision, regulation, or rules of law to the contrary, the decision of the agency board on any question of law shall not be final or conclusive, but the decision on any question of fact shall be final and conclusive and shall not be set aside unless the decision is fraudulent, or arbitrary, or capricious, or so grossly erroneous as to necessarily imply bad faith, or if such decision is not supported by substantial evidence. (c) In any appeal by a contractor or the Government from a decision of an agency board pursuant to section 8, the court may render an opinion and judgment and remand the case for further action by the agency board or by the executive agency as appropriate, with such direction as the court considers just and proper, or, in its discretion and in lieu of remand it may retain the case and take such additional evidence or action as may be necessary for final disposition of the case.

(d) If two or more suits arising from one contract are filed in the Court of Claims and one or more agency boards, for the convenience of parties or witnesses or in the interest of justice, the Court of Claims may order the consolidation of such suits in that court or transfer any suits to or among the agency boards involved. (e) In any suit filed pursuant to this Act involving two or more claims, counterclaims, cross-claims, or third-party claims, and where a portion of one such claim can be divided for purposes of decision or judgment, and in any such suit where multiple parties are involved, the court, whenever such action is appropriate, may enter a judgment as to one or more but fewer than all of the claims, portions thereof, or parties. SUBPENA, DISCOVERY, AND DEPOSITION

41 USC 610. w.!»•

S E C 11. A member of an agency board of contract appeals may administer oaths to witnesses, authorize depositions and discovery proceedings, and require by subpena the attendance of witnesses, and production of books and papers, for the taking of testimony or evidence by deposition or in the hearing of an appeal by the agency board.

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text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/1109

 PUBLIC LAW 95-563—NOV. 1, 1978

92 STAT. 2389

In case of contumacy or refusal to obey a subpena by a person who resides, is found, or transacts business within the jurisdiction of a United States district court, the court, upon application of the agency board through the Attorney General; or upon application by the board of contract appeals of the Tennessee Valley Authority, shall have jurisdiction to issue the person an order requiring him to appear before the agency board or a member thereof, to produce evidence or to give testimony, or both. Any failure of any such person to obey the order of the court may be punished by the court as a contempt thereof. INTEREST

SEC. 12. Interest on amounts found due contractors on claims shall 41 USC 611. be paid to the contractor from the date the contracting officer receives the claim pursuant to section 6(a) from the contractor until payment thereof. The interest provided for in this section shall be paid at the rate established by the Secretary of the Treasury pursuant to Public Law 92-41 (85 Stat. 97) for the Renegotiation Board. APPROPRIATIONS

SEC. 13. (a) Any judgment against the United States on a claim 41 USC 612., under this Act shall be paid promptly in accordance with the procedures provided by section 1302 of the Act of July 27, 1956, (70 Stat. 694, as amended; 31 U.S.C. 724a). (b) Any monetary award to a contractor by an agency board of contract appeals shall be paid promptly in accordance with the procedures contained in subsection (a) above. (c) Payments made pursuant to subsections (a) and (b) shall be reimbursed to the fund provided by section 1302 of the Act of July 27, 1956, (70 Stat. 694, as amended; 31 U.S.C. 724a) by the agency whose appropriations were used for the contract out of available funds or by obtaining additional appropriations for such purposes. (d)(1) Notwithstanding the provisions of subsection (a) through (c), any judgment against the Tennessee Valley Authority on a claim under this Act shall be paid promptly in accordance with the provisions of section 9(b) of the Tennessee Valley Authority Act of 1933 (16 U.S.C. 831(h)). 16 USC 831h. (2) Notwithstanding the provisions of subsection (a) through (c), any monetary award to a contractor by the board of contract appeals for the Tennessee Valley Authority snail be paid in accordance with the provisions of section 9(b) of the Tennessee Valley Authority Act of 1933 (16 U.S.C. 831(h)). AMENDMENTS AND REPEALS

SEC. 14. (a) The first sentence of section 1346(a)(2) of title 28, United States Code, is amended by inserting before the period a comma and the following: "except that the district courts shall not have jurisdiction of any civil action or claim against the United States founded upon any express or implied contract with the United States or for liquidated or unliquidated damages in cases not sounding in tort which are subject to sections 8(g)(1) and 10(a)(1) of the Contract Disputes Act of 1978". (b) Section 2401(a) of title 28, United States Code, is amended by striking out "Every" at the beginning and inserting in lieu thereof "Except as provided by the Contract Disputes Act of 1978, every".

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1110

 92 STAT. 2390

PUBLIC LAW 95-563—NOV. 1, 1978

(c) Section 1302 of the Act of July 27, 1956, as amended (70 Stat. 694, as amended; 31 U.S.C. 724a), is amended by adding after "2677 of title 28" the words "and decisions of boards of contract appeals". (d) Section 2414 of title 28, United States Code, is amended by striking out "Payment" at the beginning and inserting in lieu thereof "Except as provided by the Contract Disputes Act of 1978, payment". (e) Section 2517(a) of title 28, United States Code, is amended by striking out "Every" at the beginning and inserting in lieu thereof "Except as provided by the Contract Disputes Act of 1978, every". (f) Section 2517(b) of title 28, United States Code, is amended by inserting after "case or controversy" the following: ", unless the judgment is designated a partial judgment, in which event only the matters ' • - • '• described therein shall be discharged,". (g) There shall be added to subsection (c) of section 5108 of title 5, United States Code, a paragraph (17) reading as follows: "(17) the heads of executive departments or agencies in which ^ boards of contract appeals are established pursuant to the Contract Disputes Act of 1978, and subject to the standards and procedures prescribed by this chapter, but without regard to subsection (d) of this section, may place additional positions, not to 5 USC 5332 ^ ^ exceed seventy in number, in GS-16, GS-17, and GS-18 for the note. ' ' '^ independent quasi-judicial determination of contract disputes, "'^ with the allocation of such positions among such executive departments and agencies determined by the Administrator for Federal Procurement Policy on the basis of relative case load." Cases, referral. (h)(1) Section 2510 of title 28, United States Code, is amended by— (A) inserting " (a) " immediately before such section; and (B) adding the following new subsection at the end thereof: " (b)(1) The head of any executive department or agency may, with the prior approval of the Attorney General, refer to the Court of Claims for judicial review any final decision rendered by a board of contract appeals pursuant to the terms of any contract with the United States awarded by that department or agency which such head of such department or agency has concluded is not entitled to finality pursuant to the review standards specified in section 10(b) of the Contracts Disputes Act of 1978. The head of each executive department or agency .,,.,,, shall make any referral under this section within one hundred and  *"' twenty days of the receipt of a copy of the final appeal decision. " (2) The Court of Claims shall review the matter referred in accordance with the standards specified in section 10(b) of the Contracts Disputes Act of 1978. The Court shall proceed with judicial review on the administrative record made before the board of contract appeals on matters so referred as in other cases pending in such court, shall determine the issue of finality of the appeal decision, and shall, as appropriate, render judgment thereon, take additional evidence, or remand the matter pursuant to the authority specified in section 1491 28 USC 1491. of this title.". (2)(A) The section heading of such section is amended to read as follows: "§ 2510. Referral of cases by the Comptroller General or the head of an executive department or agency.**. (B) The item relating to section 2510 in the table of sections for chapter 165 of title 28, United States Code, is amended to read as follows: "2510. Referral of cases by the Comptroller General or the head of an executive department or agency.".

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1111

 PUBLIC LAW 95-563—NOV. 1, 1978

92 STAT. 2391

(i) Section 1491 of title 28, United States Code, is amended by Jurisdiction, adding the following sentence at the end of the first paragraph thereof: "The Court of Claims shall have jurisdiction to render j u d ^ e n t upon any claim by or against, or dispute with, a contractor arising under the Contract Disputes Act of 1978.". SEVERABILITY CLAUSE

SEC. 15. If any provision of this Act, or the application of such 41 USC 613. provision to any persons or circumstances, is held invalid, the remainder of this Act, or the application of such provision to persons or j,, .j, circumstances other than those to which it is held invalid, shall not be affected thereby. EFFECTIVE DATE OF ACT

SEC. 16. This Act shall apply to contracts entered into one hundred 41 USC 601 note, twenty days after the date of enactment. Notwithstanding any provision in a contract made before the effective date of this Act, the contractor may elect to proceed under this Act with respect to any claim pending then before the contracting officer or initiated ^ thereafter. Approved November 1, 1978.

LEGISLATIVE HISTORY:

r

HOUSE REPORT No. 95-1556 (Coram, on the Judiciary). SENATE REPORT No. 95-1118, accompanying S. 3178 (Coram, on Governmental Affairs and Coram, on the Judiciary). CONGRESSIONAL RECORD, Vol. 124 (1978): Sept. 26, considered and passed House. t. Oct. 12, considered and passed Senate, araended. Oct. 13, House concurred in Senate araendraents. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 14, No. 44: Nov. 1, Presidential Stateraent.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1112

 92 STAT. 2392

PUBLIC LAW 95-564—NOV. 1, 1978

Public Law 95-564 95th Congress An Act Nov. 1, 1978 [H.R. 11209]

Communications Satellite Act of 1962, amendment. 47 USC 701 note. International Maritime Satellite Telecommunications Act. 47 USC 751 note.

To provide for the establishment, ownership, operation, and governmental oversight and regulation of international maritime satellite telecommunications services.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Communications Satellite Act of 1962 is amended by adding at the end thereof the following new title: "TITLE V—INTERNATIONAL MARITIME TELECOMMUNICATIONS

SATELLITE

"SHORT TITLE

" SEC. 501. This title may be cited as the 'International Maritime Satellite Telecommunications Act'. " D E C L A R A T I O N o r POLICY AND PURPOSE

47 USC 751.

" SEC. 502. (a) The Congress hereby declares that it is the policy of the United States to provide for the participation of the United States in the International Maritime Satellite Organization (hereinafter in this title referred to as ' I N M A R S A T ') in order to develop and operate a global maritime satellite telecommunications system. Such system shall have facilities and services which will serve maritime commercial and safety needs of the United States and foreign countries. " (b) I t is the purpose of this title to provide that the participation of the United States in I N M A R S A T shall be through the Communications Satellite Corporation, which constitutes a private entity operating for profit, and which is not an agency or establishment of the Federal Government. "DESIGNATED OPERATING ENTITY

eommunications Satellite Corporation. 47 USC 752.

" SEC. 503. (a)(1) The Communications Satellite Corporation is hereby designated as the sole operating entity of the United States for participation in I N M A R S A T, for the purpose of providing international maritime satellite telecommunications services. " (2) The corporation also shall have authority to participate in any other maritime satellite telecommunications system on an interim basis to serve the maritime commercial and safety needs of the United States through an interim operating arrangement in accordance with subsection (b). " (3) The corporation may participate in and is hereby authorized to sign the operating agreement or other pertinent instruments of I N M A R S A T as the sole designated operating entity of the United States. " (b)(1) The corporation may participate in any maritime satellite telecommunications system under subsection (a)(2) only if— " (A) the corporation signs the operating agreement of I N M A R S A T before beginning such participation;

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text:
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Rh had darkened the parlor and stretched a sheet over the folding doors, and as soon as the young people were through eating they were treated to a magic-lantern exhibition by the gentleman of the house and one of the big boys, who assisted him. There were all sorts of scenes, including some which were very funny and made the boys and girls shriek with laughter. One was a boy on a donkey, and another two fat men trying to climb over a fence. Then came a number of pictures made from photograph negatives, showing scenes in and around Lakeport. There were the lake steamer, and the main street, and one picture of the girls and boys rushing out of school at dinner time. The last was voted the best of all, and many present tried to pick themselves out of this picture and did so.

After the exhibition was over one of the largest of the girls sat down to the piano and played. By this time some of the older folks drifted in, and they called for some singing, and all joined in half a dozen songs that were familiar to them. Then the young folks ran off for their coats and caps and wraps, and bid

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text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/1113

 PUBLIC LAW 95-564—NOV. 1, 1978 "(B) such participation is in the nature of an interim operating arrangement remaining in effect only until INMARSAT begins its operations; and "(C)(i) in the case of participation which may be undertaken only pursuant to a treaty or executive agreement, such treaty or executive agreement is in effect; or "(ii) in any case in which participation does not require any treaty or executive agreement, the President does not disapprove such participation during the period of 60 calendar days after the corporation notifies the President of such proposed participation. " (2) If the corporation participates in an interim operating arrangement with a maritime satellite telecommunications system under this subsection, the provisions of this title relating to participation of the corporation in INMARSAT also shall apply to such interim participation. " (3) Any disapproval by the President under paragraph (1)(C) (ii) shall be published in the Federal Register as soon as practicable after the date of such disapproval. "(c) The corporation— "(1) may own and operate satellite earth terminal stations in the United States; "(2) shall interconnect such stations, and the maritime satellite telecommunications provided by such stations, with the facilities and services of United States domestic common carriers and international common carriers, other than any common carrier or other entity in which the corporation has any ownership interest, as authorized by the Commission; "(3) shall interconnect such stations and the maritime satellite telecommunications provided by such stations, with the facilities and services of private communications systems, unless the Commission finds that such interconnection will not serve the public interest; and "(4) may establish, own, and operate the United States share of the jointly owned international space segment and associated ancillary facilities. "(d) The corporation shall be responsible for fulfilling any financial obligation placed upon the corporation as a signatory to the operating agreement or other pertinent instruments, and any other financial obligation which may be placed upon the corporation as the result of a convention or other instrument establishing INMARSAT. The corporation shall be the sole United States representative in the managing body of INMARSAT. "(e)(1) Any person, including the Federal Government or any agency thereof, may be authorized, in accordance with paragraph (2) or paragraph (3), to be the sole owner or operator, or both, of any satellite earth terminal station if such station is used for the exclusive purposes of training personnel in the use of equipment associated with the operation and maintenance of such station, or in carrying out experimentation relating to maritime satellite telecommunications services. "(2) If the person referred to in paragraph (1) is the Federal Government or any agency thereof, such satellite earth terminal station shall have been authorized to operate by the executive department charged with such responsibility. " (3) In any other case, such satellite earth terminal station shall have been authorized by the Commission.

92 STAT. 2393

Presidential disapproval, publication in Federal Register.

Financial obligation.

Satellite earth terminal station.

Authorization.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1114

 92 STAT. 2394

PUBLIC LAW 95-564—NOV. 1, 1978 "(f) The Commission may authorize ownership of satellite earth terminal stations by persons other than the corporation at any time the Commission determines that such additional ownership will enhance the provision of maritime satellite services in the public interest. " (g) The Commission shall determine the operational arrangements under which the corporation shall interconnect its satellite earth terminal station facilities and services with United States domestic common carriers and international common carriers, other than any common carrier, system, or other entity in which the corporation has any ownership interest, and private communications systems when authorized pursuant to subsection (c)(3) for the purpose of extending maritime satellite telecommunications services within the United States and in other areas. The initial determination of operational arrangements shall be made by the Commission no later than 6 months after the effective date of this title, and the Commission shall thereupon transmit to the Congress a report relating to such determination. "(h) Notwithstanding any provision of State law, the articles of incorporation of the corporation shall provide for the continued ability of the board of directors of the corporation to transact business under such circumstances of national emergency as the President or his delegate may determine would not permit a prompt meeting of the number of directors otherwise required to transact business.

Report to Congress.

a. M P L E M E N T A T I O N OF POLICY I

47 USC 753.

i.k'V<&ii^i'M)

'•l'3r.?

Recommendations to President.

,

.

"SEC. 504. (a) The Secretary of Commerce shall— "(1) coordinate the activities of Federal agencies with responi,, sibilities in the field of telecommunications (other than the ,, Commission), so as to ensure that there is full and effective compliance with the provisions of this title; ,,; "(2) take all necessary steps to ensure the availability and appropriate utilization of the maritime satellite telecommunications services provided by INMARSAT for general governmental otherwise required in the national interest; !,, "(3) exercise his authority in a manner which seeks to obtain f; coordinated and efficient use of the electromagnetic spectrum and orbital space, and to ensure the technical compatibility of the space segment with existing communications facilities in the , United States and in foreign countries; and "(4) take all necessary steps to determine the interests and, needs of the ultimate users of the maritime satellite telecommunications system and to communicate the views of the Federal Government on utilization and user needs to INMARSAT. "(b) The President shall exercise such supervision over, and issue such instructions to, the corporation in connection with its relationships and activities with foreign governments, international entities, and INMARSAT as may be necessary to ensure that such relationships and activities are consistent with the national interest and foreign policy of the United States. " (c) The Commission shall— " (1) institute such proceedings as may be necessary to carry out the provisions of section 503 of this title; ^. " (2) make recommendations to the President for the purpose of assisting him in his issuance of instructions to the corporation;
 * \, purposes, except in any case in which a separate telecommunications system is required to meet unique governmental needs or is

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1115

 PUBLIC LAW 95-564—NOV. 1, 1978

92 STAT. 2395

'

"(3) grant such authorizations as may be necessary under title II and title III of the Communications Act of 1934 to enable the 47 USC 201, 301. corporation— "(A) to provide to the public, in accordance with section 503(c)(2) of this title, space segment channels of communica3 tion obtained from INMARSAT; and V " (B) to construct and operate such satellite earth terminal ^' ' stations in the United States as may be necessary to provide ' sufficient access to the space segment; ' "(4) grant such other authorizations as may be necessary under title II and title III of the Communications Act of 1934 to carry •' out to the provisions of this title; ' "(5) establish procedures to provide for the continuing review of the telecommunications activities of the corporation as the United States signatory to the operating agreement or other pertinent instruments; and "(6) prescribe such rules as may be necessary to carry out the provisions of this title. "(d) The Commission is authorized to issue instructions to the corporation with respect to regulatory matters within the jurisdiction of the Commission. In the event an instruction of the Commission conflicts Instruction with an instruction of the President pursuant to subsection (b), the conflicts. instructions issued by the President shall prevail. STUDY OF STRUCTURE AND ACTIVITIES OF COMMUNICATIONS SATELLITE CORPORATION

" S E C 505. (a) The Commission shall conduct a study of the corpo- 47 USC 754. rate structure and operating activities of the corporation, with a view toward determining whether any changes are required to ensure that the corporation is able to effectively fulfill its obligations and carry out 47 USC 609. its functions under this Act and the Communications Act of 1934. "(b) The Commission shall transmit a report to the Congress not Report to later than 18 months after the effective date of this title relating to the Congress. study of the corporation conducted under subsection (a). Such report shall contain a detailed statement of the findings and conclusions of such study, any action taken by the Commission related to such findings and conclusions, and any recommendations of the Commission for such legislative or other action as the Commission considers necessary or appropriate. u STUDY OF PUBLIC MARITIME COAST STATION SERVICES

"SEC. 506. (a) The Commission shall conduct a study of public 47 USC 755. maritime coast station services, with particular emphasis on high seas services, with a view toward determining whether the rules and regulations of the Commission and the assignment of licenses and radio frequencies in effect on the effective date of this title should be subject to any alteration in order to establish a systematic approach for the provision of modern and effective maritime telecommunications systems. "(b) The Commission shall transmit a report to the Congress not Report to later than 12 months after the effective date of this title relating to Congress, the study of public maritime coast station services conducted under subsection (a). Such report shall contain a detailed statement of the findings and conclusions of such study, any action taken by the Commission related to such findings and conclusions, and any recom-

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1116

 92 STAT. 2396

PUBLIC LAW 95-564—NOV. 1, 1978 mendations of the Commission for such legislative or other action as the Commission considers necessary or appropriate.

•''

47 USC 756.

Presidential report and recommendations, transmittal to Congress.

" S T U D Y o r RADIO NAVIGATION SYSTEMS

"SEC. 507. (a) The President, in conjunction with Government agencies which will or may be affected by the development of a Government-wide radio navigation plan, shall conduct a study of all Government radio navigation systems to determine the most effective manner of reducing the proliferation and overlap of such systems. The objective of such study shall be the development of such a plan. "(b) The President shall transmit a report to the Congress no later than 12 months after the effective date of this title relating to the study conducted under subsection (a) of this section. Such report shall contain a detailed statement of the findings and conclusions of such study, any action taken by the President related to such findings and conclusions, and any recommendations of the President for such legislation or other action as the President considers necessary or appropriate for implementation of a Government-wide radio navigation plan.

•.-..,-

"DEFINITIONS

-•:• •'

'3

47 USC 757.

"SEC. 508. For purposes of this title— "(1) the term 'person' includes an individual, partnership, ,, association, joint stock company, trust, or corporation; "(2) the term 'satellite earth terminal station' means a complex of communications equipment located on land, operationally ft: 13,. r|, interconnected with one or more terrestrial communications systems, and capable of transmitting telecommunications to, or receiving telecommunications from, the space segment; "(3) the term 'space segment' means any satellite (or capacity y on a satellite) maintained under the authority of INMAESAT, for the purpose of providing international maritime telecommunications services, and the tracking, telemetry, command, control, monitoring, and related facilities and equipment required to support the operation of such satellite; and "(4) the term 'State' means the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin j,. Islands, the Trust Territory of the Pacific Islands, and any other territory or possession of the United States.". Approved November 1, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1134, Pt. I (Comm. on Interstate and Foreign eommerce) and Pt. II. (Comm. on Merchant Marine and Fisheries). SENATE REPORT No. 95-1036 (Comm. on eommerce. Science, and Transportation). CONGRESSIONAL RECORD, Vol. 124 (1978): May 15, considered and passed House. Aug. 7, considered and passed Senate, amended. Oct. 12, House concurred in Senate amendment with an amendment. Oct. 13, House vacated proceedings of Oct. 12; receded, and concurred in Senate amendment with an amendment. Oct. 13, Senate concurred in House amendment.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1117

 PUBLIC LAW 95-565—NOV. 1, 1978

92 STAT. 2397

Public Law 95-565 95th Congress An Act To amend the Regional Rail Reorganization Act of 1973 to authorize the purchase of an additional $1,200,000,000 of the series A prteferred stock of the Corporation, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "United States Eailway Association Amendments Act of 1978". SEC. 2. (a) Section 216(a) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 726 (a)) is amended by striking out "$1,100,000,000" and inserting in lieu thereof "$2,300,000,000". (b) Section 216(b)(2) of such Act (45 U.S.C. 716(b)(2)) is amended by striking out "$1,100,000,000" and inserting in lieu thereof "$2,300,000,000". (c) Section 216(f) of such Act (45 U.S.C. 726(f)) is amended by striking out "$2,100,000,000" and inserting in lieu thereof "$3,300,000,000". SEC. 3. Section 216 of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 726) is further amended by redesignating subsection (f) thereof as subsection (g) and by inserting immediately after subsection (e) thereof a new subsection as follows: " (f)(1) The Association shall not invest the final $345,000,000 of the additional investment in the Corporation authorized by the Regional Rail Reorganization Act Amendments of 1978 unless and until (A) the Corporation has in eflpect an employee stock ownership plan which satisfies the requirements of paragraphs (2) and (3), and (B) the requirements of the other paragraphs of this subsection have been satisfied. " (2) The employee stock ownership plan shall: "(A) provide: " (i) for a transfer to the plan and allocation to the accounts of plan participants in periodic installments of Series A preferred stock of the Corporation with a stated redemption value of at least $345,000,000 or any other securities in an amount determined by the Association, with the concurrence of the Finance Committee, as constituting a meaningful interest in the Corporation, or any combination thereof so determined by the Association, with the concurrence of the Finance Committee. The use of Series A preferred stock to fund the Employee Stock Ownership Plan shall not be interpreted to relieve ConRail of the responsibility for repaying in full to the United States Railway Association its indebtedness as represented by all shares originally issued under Public Law 94-210 and this Act; "(ii) for immediate vesting of the rights of participants to such securities upon allocation, subject to defeasance as a result of the plan's termination which termination shall occur in the event that, by the end of the 120th month beginning •after the month in which securities or interests therein are first allocated to participants' accounts, the Corporation has not

Nov. 1. 1978 [S. 2788]

United States Railway Association Amendments Act of 1978. 45 USC 701 note. 45 USC 726.

Employee stock ownership plan.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1118

 92 STAT. 2398

PUBLIC LAW 95-565—NOV. 1, 1978

attained for two consecutive quarters positive net income and a freight labor cost to freight revenue ratio equal to the average such ratio for all Class I railroads in 1977, as determined pursuant to procedures adopted by the Corporation pursuant to regulations promulgated by the Association with the con',^, currence of the Finance Committee; "(B) be an employee benefit plan which is designed to invest primarily in employer securities; "(C) meets such other requirements (similar to requirements applicable to employee stock ownership plans as defined in sec26 USC 4975. tion 4975(e)(7) of the Internal Revenue Code of 1954) as the Secretary of the Treasury or his delegate may describe; '• "(T>) have been approved by the Board of Directors of the \/„ • . Corporation to the extent and in the manner which may be "' ' ' ^"' required by the Corporation's articles of incorporation and bylaws ' -1_, then in effect; and " (E) have been prepared in consultation with, and been approved by, the Association and the Finance Committee. " (3) Notwithstanding any other provision of law, if a plan does not meet the requirements of section 401 of the Internal Revenue Code of 26 USC 401. 1954— "(A) stock transferred under paragraph (2) and allocated to < the account of any participant under paragraph (2) shall not be j considered income of the participant or his beneficiary under the ' Internal Revenue Code of 1954 until such stock or dividends are -J, !. ^v,-,*«,«'I if actually distributed or made available to the participant or his ',., f. beneficiary and, at such time, shall be taxable under section 72 of 26 USC 72. the Internal Revenue Code of 1954 (treating the participant or his beneficiary as having a basis of 0 in the stock); ' "(B) no amount shall be allocated to any participant under the plan in excess of the amount which might be allocated if the plan met the requirements of section 401 of the Internal Revenue Code of 1954; and "(C) the plan must meet the requirements of sections 410 and 26 USC 410, 415 of the Internal Revenue Code of 1954. 415. " (4) The Corporation shall adopt such terms and conditions governing the securities or interests therein to be transferred to the plan (including limitations on voting rights) as the Association, with the concurrence of the Finance Committee, determines are necessary to protect reasonably the interests of the United States in the litigation 45 USC 743. pursuant to section 303(c) of this Act and in the event of any action to further reorganize or restructure the Corporation's assets or capital structure. "(5) The Corporation, the Association, and a representative appointed by the Chairman of the Railway Labor Executives' Association as representative of all the classes or crafts of employees of the Corporation shall engage in negotiations to agree upon a plan in accordance with the provisions of this subsection. The parties shall incorporate their agreement into a written plan instrument specifying

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1119

 PUBLIC LAW 95-565—NOV. 1, 1978 the terms and conditions set forth in this subsection and such other terms and conditions as they may decide upon, with the concurrence of the Finance Committee, unless the parties are unable to reach on an agreement on the plan following the exertion of every reasonable effort to do so, in accordance with the Kailway Labor Act, in which event, the Corporation and the Association, with the concurrence of the Finance Committee, shall establish a written plan with such terms and conditions as they may agree upon in accordance with this subsection. Within one year after the effective date of this subsection, the Corporation shall transmit a draft of such plan to the Congress and shall report on its progress in establishing and administering the plan. The report shall include recommendations of contractual and statutory provisions necessary to reasonably (A) exempt any Trustee of the plan, the Corporation, the Association, any member of the Finance Committee, and any other person from any fiduciary duty, responsibility or liability for the acquisition of, investment in, or retention of any security or interest therein of the Corporation or for any other transaction contemplated by this subsection and (B) provide for the United States to indemnify, defend, and hold harmless such persons against any and all liabilities, claims, actions, judgments, amounts paid in settlement, and costs and expenses actually incurred in connection with any matter so exempted in which it is determined that such persons were acting in good faith and in a manner they believed to not be opposed to the best interests of the plan. "(6) Within fourteen months of the effective date of this subsection, the Association shall report to the Congress on the draft plan and on any legal obstacle to the ability of the Corporation to effectuate and implement an employee stock ownership plan of the nature contemplated by this subsection, including specific recommendations on amendments to this subsection and other relevant laws which would harmonize the requirements of this subsection with those other laws. The Department of Transportation and the Department of the Treasury, as each finds appropriate, shall provide separate comments to the Association for inclusion with such report, "(7) For the purposes of this subsection, the officers of each duly authorized representative of the crafts or classes of the employees of the Corporation who have been given leaves of absence by the Corporation to serve as such officers, are to be eligible to participate in such plan on the same basis as are employees whose employment is governed by a collective bargaining agreement with the Corporation.". SEC. 4. (a) The first section of the Act entitled "An Act to authorize the President of the United States to locate, construct, and operate railroads in the Territory of Alaska, and for other purposes", approved March 12, 1914 (38 Stat. 305; 43 U.S.C. 957), is amended by inserting after "to fix compensation of all officers, agents, or other employees designated by him;" the following: "and, notwithstanding any other provision of law or regulation, to fix relocation, travel and transportation expenses for the General Manager of the railroad designated under this Act". (b) This section shall apply to the General Manager serving on the date of enactment of this section with respect to relocation, travel,

92 STAT. 2399

Plan, transmittal
 * o Congress,

Report to Congress,

, • "' ""

43 USC 975.

43 USC 975 note,

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1120

 92 STAT. 2400

Railroad bridge, reconstruction.

Appropriation authorization.

45 USC 747. Report to Congress.

Information, submittal to Congress.

Monitoring report, transmittal to Congress.

PUBLIC LAW 95-565—NOV. 1, 1978 or transportation expenses which were incurred before or after the date of enactment of this section. SEC. 5. Section 505 of the Railroad Revitalization and Regulatory Reform Act (45 U.S.C. 825) is amended by (a) striking the last sentence of subsection (d)(3) thereof; and (b) striking "purchase under this title after September 30, 1978," and inserting in lieu thereof ", after September 30, 1979, make commitments to purchase under this title " in subsection (e) thereof. SEC. 6. (a) The Consolidated Rail Corporation shall (1) carry out such reconsti'uction of the railroad bridge over the H u d s o n River at Poughkeepsie, New York, as is necessary for the purposes of this section and make a p p r o p r i a t e repairs and improvements in rail yards and tracks which service the rail system using such bridge, (2) restore freight service on such system at least to the extent provided prior to the fire damage to such bridge in 1974, and (3) take appropriate steps to promote the use of such system. (b) There is authorized to be appropriated to the Secretary of Transportation not to exceed $9,000,000 for making payments to the Corporation to cover costs incurred pursuant to subsection (a)(1). SEC. 7. Section 307 of the Regional Rail Reorganization Act is amended by inserting after subsection (b) a new subsection (c) as follows: " (c) MONITORING OF THE CORPORATION.— (1) The Association shall

also report to the Congress, in accordance with this subsection, on the policies of the Corporation and the results of such policies with respect to operations, cost containment, and marketing. " (2) W i t h i n 90 days after the date of enactment of this subsection, the Association shall (A) subdivide each such policy area into constituent part s or groups of part s which are specific and significant, (B) identify the most a p p r o p r i a t e indicia to reflect accurately such part s or groups of parts, and (C)(i) determine any and all deficiencies in data used to compute the values of such indicia including consistency and clarity of definitions, timeliness of data entry, editing and validation of input data, and processing, and (ii) outline the efforts of the Association and Corporation to correct the deficiencies and the results of such efforts. O n or before the end of such 90-day period, the Association shall submit to the Congress such methodological information and additional information which the Association deems necessary or appropriate to further the purpose of this title. " (3) Using such indicia, the Association shall report on (A) the relationship of each constituent part or groups of part s to the Corporation's revenue and capital and operating expenses, (B) the extent to which such part s or group of part s contributes to profits or losses, (C) the efforts of management to contain or reduce the contribution of such part or g r o u p of part s to losses, (D) the results of such efforts, and (E) such other information as the Association deems necessary or appropriate. " (4) The Association shall (A) transmit to the Congress the first such monitoring report pursuant to paragraph (3) at the end of the first calendar quarter which begins after the end of the 90-day period

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Page:The Bobbsey Twins.djvu/146

132 their host and hostess and each other good night.

"Wasn't it splendid?" said Nan, on the way home. "I never had such a good time before."

"Didn't last half long enough," said Freddie. "Want it to last longer next time."

"I wanted my cow to last longer," said Flossie. "Oh, if only I could have kept it from melting!"

title: Page:The Bobbsey Twins.djvu/146


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/1121

 PUBLIC LAW 95-565—NOV. 1, 1978

92 STAT. 2401

for preparation and submission of the methodological information pursuant to paragraph (2), (B) report such monitoring information to the Congress at the end of the first quarter of each calendar year thereafter, (C) update methodological and monitoring information periodically as the Association deems necessary or appropriate, but in no case less frequently than once a year, and (D) where the results of such updating are statistically significant or relevant to Congressional policymaking, report them and the reasons for their significance at the end of the calendar quarter in which the updating occurred.". Approved November 1, 1978.

I-'

fi?-

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1175, accompanying H.R. 12161 (Comm. on Interstate and Foreign Commerce). SENATE REPORT No. 95-885 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD, Vol. 124 (1978): Aug. 1, considered and passed Senate. Oct. 6, 11, 15, H.R. 12161 considered and passed House; passage vacated, and S. 2788, amended, passed in lieu.

<.t

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1122

 92 STAT. 2402

PUBLIC LAW 95-566—NOV. 1, 1978

Public Law 95-566 95th Congress

-••u|_ "..;

An Act Nov. 1. 1978 [S. 2539]

To amend title IV of the Higher Education Act of 1965 to increase the availability of assistance to middle-income students.

Be it enacted by the Senate and House of Representatives of the Middle Income United States of America in Congress assembled, That this Act may Student be cited as the "Middle Income Student Assistance Act". Assistance SEC. 2. (a) Section 411(a)(3)(B) of the Higjier Education Act of Act 1965 (hereinafter in this Act referred to as the " Act ") is amended by 20 USC 1001 adding at the end thereof the following new division: note. " ( i v) I n determining the expected family contribution under this Basic educational subparagraph for any academic year after academic year 1978-1979, opportunity an assessment rate of not more than 10,5 per centum shall be applied grants. to parental discretionary income.". 20 USC 1070a. (b) Section 411(a)(3)(C) of the Act is amended by a d d i n g at the end thereof the following: " I n addition, such regulations shall— " (i) provide that the portion of assets which shall be exempt from assessment for contribution for an independent student who has one or more dependents shall be the same as the portion so exempt for the family of a dependent student; " (ii) provide that the rate of assessment for contribution on that portion of assets of such an independent student which is not exempt under division (i) shall be the same as the rate applied to the comparable portion of assets of the family of a dependent student; and (iii) in establishing a portion of effective family income which shall be exempt from assessment for contribution by reason of subsistence requirements of independent students who have no dependents, use the same method for computation of such portion for such students as is used for dependent students and for independent students who have dependents.". (c) Section 411(b)(3)(B)(i) is amended— (1) by redesignating subdivisions ( II), ( H I), and ( IV) as subdivisions ( IV), (V), and ( VI), r e s p e c t i v e l y; and (2) by striking out subdivision (I) and inserting in lieu thereof the following: " (I) the full amount in the case of any entitlement which exceeds $1,600; " ( II) in the case of any entitlement which exceeds $1,200 but does not exceed $1,600,90 per centum thereof; " ( III) in the case of any entitlement which exceeds $1,000 but does not exceed $1,200,75 per centum thereof;". (d) Section 4 1 1 (b)(5) of the Act is amended to read as follows: " (5) No payment may be made on the basis of entitlements established under this subpart during the fiscal year ending September 30, 1980, if, for such fiscal year— i,r,z %isi;i " (A) the appropriation for making, g r a n t s under subpart 2 of this part does not at least equal $370,000,000; .{iTO'ifcfr " (B) the appropriation for work-study payments under 42 USC 2751. section 441 of this title does not at least equal $500,000,000; and h-iK,fi';IB:./'; 5MiS«-?fiq.v-iuM

b'ssSiitj {»fti,; '•'

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'

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1123

 PUBLIC LAW 95-566—NOV. 1, 1978 "(C) the appropriation for capital contributions to student loan funds under part E of this title does not at least equal $286,000,000.". SEC. 3. Section 415C(b)(4) of the Act is amended by inserting before the semicolon at the end thereof a comma and the following: "except in any State in which participation of nonprofit institutions of higher education is in violation of the constitution of the State". SEC. 4. Section 417B(b) of the Higher Education Act of 1965 is amended by inserting immediately after paragraph (5) the following new sentence: "No individual who is an eligible veteran, as that term is defined by section 1652(a) of title 38, United States Code, shall be deemed ineligible to participate in any program under this subsection by reason of such individual's age.". SEC. 5. (a)(1) Section 427(a)(2)(C)(i) of the Act is amended by striking out "or" and by inserting immediately after "Commissioner," the following: "or pursuant to a rehabilitation training program for disabled individuals approved by the Commissioner,". (2) Section 428(b)(1)(M)(i) of the Act is amended by striking out "or" and by inserting immediately after "Commissioner," the following: "or pursuant to a rehabilitation training program for disabled individuals approved by the Commissioner,". (b)(1) Section 428(a)(2) of the Act is amended— (A) by striking out subparagraphs (A) and (B) and inserting in lieu thereof the following: "(2)(A) Each student qualifying for a portion of an interest payment under paragraph (1) shall have provided to the lender a statement from the eligible institution, at which the student has been accepted for enrollment, or at which he is in attendance in good standing (as determined by the institution), which— "(i) sets forth such student's estimated cost of attendance, and "(ii) sets forth such student's estimated financial assistance."; and (B) by redesignating subparagraph (C) as subparagraph (B) and by striking out subparagraph (D). (2) Section 425(a)(1)(A) of the Act is amended by striking out "section 428(a)(2)(C)(i) " and inserting in lieu thereof "section 428 (a)(2)(B)(i)". (3) Section 428(a)(2)(B) of the Act (as redesignated by paragraph (1)(A) of this subsection) is amended by striking out the semicolon at the end of clause (iii) and inserting in lieu thereof a period and by striking out clause (iv) of such section. (4) Section 428(a) of the Act is amended by striking out paragraph (9). (5) Section 428(b)(1)(A)(i) of the Act is amended by striking out "section 428(a)(2)(C)(i) " and inserting in lieu thereof "section 428(a)(2)(B)(i) ". SEC. 6. Section 491(b)(3) of the Act is amended by inserting immediately after the first sentence thereof the following new sentence: "Such term also includes a proprietary educational institution in any State which, in lieu of the requirement in clause (1) of section 1201(a), admits as regular students persons who are beyond the age of compulsory school attendance in the State in which the institution is located and who have the ability to benefit from the training offered by the institution.".

92 STAT. 2403

ill it'

20 USC 1070C-2.

20USei070d-l.

20 USC 1077.

20 USC 1078.

20 USC 1075.

20 USC 1088.

20 USC 1141.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1124

 92 STAT. 2404 20 USC 1088f.

42 USC 2751, 20 USC 1088. 20USei070b-2.

20 USC 1087-3a. 20 USC 1070. Effective date. 20 USC 1070a note.

PUBLIC LAW 95-566—NOV. 1, 1978 SEC. 7. Section 497 of the Act is amended by adding after subsection (c) thereof the following new subsection: "(d) Any determinations of need made for the purposes of part C or part E of this title shall include considerations of the factor described in section 413C (a)(2)(v). Nothing in this subsection shall be deemed to prohibit the taking into account for the purposes of such parts of other factors used for the determination of need under other parts of this title.". SEC. 8. Part B of title IV of the Act is further amended by inserting after section 439A the following new section: "SEC. 439B. Any loan under this part may be counted as part of the expected family contribution in the determination of need for parts A, C, and E of this title, notwithstanding any other provisions of parts A,C,andE.". SEC. 9. The amendments made by this Act shall take effect upon enactment, except that the amendments made by subsections (a), (b), and (c), of section 2 shall be effective with respect to periods of enrollment beginning on or after August 1, 1979. Approved November 1, 1978.

!,. LEGISLATIVE HISTORY:

Alii

SENATE REPORT No. 95-643 (Comm. on Human Resources). CONGRESSIONAL RECORD, VoL 124 (1978): Aug. 15, 16, considered and passed Senate. Oct. 14, H.R. 11274 considered and passed House; passage vacated, and S. 2539, amended, passed in lieu. Oct. 15, Senate concurred in House amendments. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol 14, No. 44: Nov. 1, Presidential statement.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1125

 PUBLIC LAW 95-567—NOV. 2, 1978

92 STAT. 2405

Public Law 95-567 95th Congress An Act To amend the Communications Act of 1934 to extend and improve the provisions of such Act relating to long-term financing for the Corporation for Public Broadcasting and relating to certain grant programs for public telecommunications, and for other purposes.

Nov. 2, 1978 [H.R. 12605]

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

TITLE I—CONSTRUCTION AND PLANNING O F •^. ^ i -. - - . - -^r^^-^

^

l?^i?cr^o

.

47 USC 609 note.

FACILITIES DECLARATION OF PURPOSE

SEC. 101. Section 390 of the Communications Act of 1934 is amended 47 USC 390. to read as follows: "DECLARATION or PURPOSE

"SEC. 390. The purpose of this subpart is to assist, through matching grants, in the planning and construction of public telecommunications facilities in order to achieve the following objectives: (1) extend delivery of public telecommunications services to as many citizens of the United States as possible by the most efficient and economical means, including the use of broadcast and nonbroadcast technologies; (2) increase public telecommunications services and facilities available to, operated by, and owned by minorities and women; and (3) strengthen the capability of existing public television and radio stations to provide public telecommunications services to the public". AUTHORIZATION OP APPROPRIATIONS

SEC. 102. Section 391 of the Communications Act of 1934 is amended 47 USC 391. to read as follows: "AUTHORIZATION OF APPROPRIATIONS

"SEC. 391. There are authorized to be appropriated $40,000,000 for each of the fiscal years 1979, 1980, and 1981, to be used by the Secretary of Commerce to assist in the planning and construction of public telecommunications facilities as provided in this subpart. Sums appropriated under this subpart for any fiscal year shall remain available until expended for payment of grants for projects for which applications approved by the Secretary pursuant to this subpart have been submitted within such fiscal year. Sums appropriated under this subpart may be used by the Secretary to cover the cost of administering the provisions of this subpart.". CONSTRUCTION AND PLANNING

SEC. 103. (a) Section 392 of the Communications Act of 1934 is 47 USC 392. amended to read as follows:

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1126

 92 STAT. 2406

PUBLIC LAW 95-567—NOV. 2, 1978 "GRANTS FOR CONSTRUCTION AND PLANNING

"SEC. 392. (a) For each project for the construction of public telecommunications facilities there shall be submitted to the Secretary an application for a grant containing such information with respect to such project as the Secretary may require, including the total cost ' ' of such project, the amount of the grant requested for such project, i '' and a 5-year plan outlining the applicant's projected facilities requirements and the projected costs of such facilities requirements. Each applicant shall also provide assurances satisfactory to the Secretary that— "(1) the applicant is (A) a public broadcast station; (B) a ,., , noncommercial telecommunications entity; (C) a system of public , ,..,.' telecommunications entities; (D) a nonprofit foundation, corporation, institution, or association organized primarily for educa< • ' tional or cultural purposes; or (E) a State or local government (or any agency thereof), or a political or special purpose subdivision of a State; "(2) the operation of such public telecommunications facilities f <-; IH;-*' will be under the control of the applicant; "(3) necessary funds to construct, operate, and maintain such public telecommunications facilities will be available when needed; "(4) such public telecommunications facilities will be used only for the provision of public telecommunications services; "(5) the applicant has participated in comprehensive planning for such public telecommunications facilities in the area which the applicant proposes to serve, and such planning has included an evaluation of alternate technologies and coordination with State educational television and radio agencies, as appropriate; and "(6) the applicant will make the most efficient use of the grant. "(b) Upon approving any application under this section with respect to any project for the construction of public telecommunications facilities, the Secretary shall make a grant to the applicant in an amount determined by the Secretary, except that such amount "v;. > r'• shall not exceed 75 percent of the amount determined by the Secretary to be the reasonable and necessary cost of such project. "(c) The Secretary may provide such funds as the Secretary deems necessary for the planning of any project for which construction funds may be obtained under this section. An applicant for a planning grant shall provide such information with respect to such project as the Secretary may require and shall provide assurances satisfactory to the Secretary that the applicant meets the eligible requirements of subsection (a) to receive construction assistance. "(d) Any studies conducted by or for any grant recipient under this section shall be provided to the Secretary, if such studies are conducted through the use of funds received under this section. Rules and "(e) The Secretary shall establish such rules and regulations as regulations. may be necessary to carry out this subpart, including rules and regulations relating to the order of priority in approving applications for construction projects and relating to determining the amount of each grant for such projects. Post, p. 2408. "(f) In establishing criteria for grants pursuant to section 393 and in establishing procedures relating to the order of priority established in subsection (e) in approving applications for grants, the Secretary shall give special consideration to applications which would increase minority and women's ownership of, operation of, and par-

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1127

 PUBLIC LAW 95-567—NOV. 2, 1978

92 STAT. 2407

ticipation in public telecommunications entities. The Secretary shall take affirmative steps to inform minorities and women of the availability of funds under this subpart, and the localities where new public telecommunications facilities are needed, and to provide such other assistance and information as may be appropriate. "(g) If, within 10 years after completion of any project for construction of public telecommunications facilities with respect to which a grant has been made under this section— "(1) the applicant or other owner of such facilities ceases to be an agency, institution, foundation, corporation, association, or other entity described in subsection (a)(1); or "(2) such facilities cease to be used only for the provision of public telecommunications services (unless the Secretary determines, in accordance with regulations, that there is good cause for releasing the applicant or other owner from the obligation to do so); the United States shall be entitled to recover from the applicant or other owner of such facilities the amount bearing the same ratio to the value of such facilities at the time the applicant ceases to be such an entity or at the time of such determination (as determined by agreement of the parties or by action brought in the United States district court for the district in which such facilities are situated), as the amount of the Federal participation bore to the cost of construction of such facilities. "(h) Each recipient of assistance under this subpart shall keep such records as may be reasonably necessary to enable the Secretary to carry out the functions of the Secretary under this subpart, including a complete and itemized inventory of all public telecommunications facilities under the control of such recipient, and records which fully disclose the amount and the disposition by such recipient of the proceeds of such assistance, the total cost of the project in connection with which such assistance is given or used, the amount and nature of that portion of the cost of the project supplied by other sources, and such other records as will facilitate an effective audit. "(i) The Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access for the purpose of audit and examination to any books, documents, papers, and records of any recipient of assistance under this subpart that are pertinent to assistance received under this subpart.", (b)(1) The provisions of section 392(g) of the Communications Act of 1934, as added by subsection (a), shall apply to any grant made under section 392 of such Act before, on, or after the date of the enactment of this Act. Any authority and responsibilities of the Secretary of Health, Education, and Welfare regarding the administration of such grants are hereby transferred to the Secretary of Commerce. (2) Subject to the provisions of section 202 of the Budget and Accounting Procedures Act of 1950 (31 U.S.C. 581c), the following are hereby transferred to the Secretary of Commerce for appropriate allocation— (A) the personnel employed in connection with or in support of, or as an integral part of the mission of, the functions transferred to the Secretary of Commerce from the Secretary of Health, Education, and Welfare by paragraph (1); and (B) the assets, liabilities, contracts, property, records, and unexpended balances of appropriations, allocations, and other funds employed, held, used, arising from, available for, or to be made available for, or in connection with, the functions described msubparagraph (A).

Minorities and women, notice.

Recordkeeping requirements.

Books, documents, records, accessibility.

47 USC 392 note. Ante, p. 2405. Administration of grants, transferred to Commerce.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1128

 92 STAT. 2408

PUBLIC LAW 95-567—NOV. 2, 1978 Unexpended funds transferred pursuant to this paragraph shall be used only for the purposes for which the funds originally were authorized and appropriated. (3) The Director of the Office of Management and Budget, in consultation with the Secretary of Commerce and the Secretary of Health, Education, and Welfare, shall— (A) make such determinations as may be necessary with regard to the transfer of the functions transferred to the Secretary of Commerce from the Secretary of Health, Education, and Welfare by paragraph (1); and (B) make such additional incidental dispositions of personnel, assets, liabilities, contracts, property, records, and unexpended balances of appropriations, allocations, and other funds employed, held, used, arising from, available for, or to be made available for, or in connection with, the functions described in subparagraph (A); as the Director may deem necessary to accomplish the purposes of this Act and the amendments made by this Act. CRITERIA FOR APPROVAL AND EXPENDITURES BY SECRETARY OF COMMERCE

47 USC 393.

SEC. 104. Section 393 of the Communications Act of 1934 is amended to read as follows: "CRITERIA FOR APPROVAL AND EXPENDITURES BY SECRETARY OF COMMERCE

Grants.

Ante, p. 2405.

Noncommercial radio broadcast station facilities.

"SEC. 393. (a) The Secretary, in consultation with the Corporation, public telecommunications entities, and as appropriate with others, shall establish criteria for making construction and planning grants. Such criteria shall be consistent with the objectives and provisions set forth in this subpart, and shall be made available to interested parties upon request. "(b) The Secretary shall base determinations of whether to approve applications for grants under this subpart, any the amount of such grants, on criteria developed pursuant to subsection (a) and designed to achieve— "(1) the provision of new telecommunications facilities to extend service to areas currently not receiving public telecommunications services; " (2) the expansion of the service areas of existing public telecommunications entities; "(3) the development of public telecommunications facilities owned by, operated by, and available to minorities and women; and "(4) the improvement of the capabilities of existing public broadcast stations to provide public telecommunications services. "(c) Of the funds appropriated pursuant to section 391 for any fiscal year, not less than 75 percent shall be available to extend delivery of public telecommunications services to areas not receiving such services through grants for facilities of new and existing public telecommunications entities, and preoperational expenses associated with such facilities. In choosing among applicants for grants, the Secretary shall compare the advantages of alternate technologies on the basis of costs and benefits. "(d) Of the sums appropriated pursuant to section 391 for any fiscal year, a substantial amount shall be available for the expansion and development of noncommercial radio broadcast station facilities.".

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1129

 PUBLIC LAW 95-567—NOV. 2, 1978

92 STAT. 2409

LONG-RANGE P L A N N I N G FOR FACILITIES

SEC. 105. Section 394 of the Communications Act of 1934 is amended 47 USC 394. to read as follows: " L O N G - R A N G E P L A N N I N G FOR FACILITIES

"SEC. 394. (a) The Secretary, in consultation with the Corporation, public telecommunications entities, and as appropriate with other parties, shall develop a long-range plan to accomplish the objectives set forth in section 390. Such plan shall include a detailed 5-year Post, p. 2405. projection of the broadcast and nonbroadcast public telecommunications facilities required to meet such objectives, and the expenditures necessary to provide such facilities, "(b) The plan required in subsection (a) shall be updated annu- Report to ally, and a summary of the activities of the Secretary in implement- President and ing the plan, shall be submitted concurrently to the President and Congress. the Congress not later than the 31st day of December of each year.". MISCELLANEOUS PROVISIONS

SEC. 106. (a) The heading for part IV of title III of the Communi37 USC 390. cations Act of 1934 is amended to read as follows: "PART IV—ASSISTANCE FOR PUBLIC TELECOMMUNICATIONS FACILITIES; TELECOMMUNICATIONS DEMONSTRATIONS; CORPORATION FOR PUBLIC BROADCASTING".

(b) The heading for subpart A of part IV of title III of the Communications Act of 1934 is amended to read as follows: "Subpart A—Assistance for Public Telecommunications Facilities". (c) The position of Deputy Assistant Secretary of Commerce for 5 USC 5316 note. Communications and Information, established in Department of Commerce Organization Order Numbered 10-10 (effective March 26, 1978), shall be compensated at the rate of pay in effect from time to Compensation, time for level V of the Executive Schedule under section 5316 of title 5, United States Code. TITLE II—TELECOMMUNICATIONS DEMONSTRATIONS ASSISTANCE FOR DEMONSTRATION PROJECTS

SEC. 201. Part IV of title III of the Communications Act of 1934 is amended by striking out section 392A and section 395, by redesig- 47 USC 392a, nating subpart B and subpart C as subpart C and subpart D, respec- ^9^tively, and by inserting after subpart A the following new subpart: "Subpart B—Telecommunications Demonstrations " A S S I S T A N C E FOR DEMONSTRATION PROJECTS

"SEC. 395. (a) It is the purpose of this subpart to promote the 47 USC 395. development of nonbroadcast telecommunications facilities and services for the transmission, distribution, and delivery of health, edu. <, cation, and public or social service information. The Secretary is authorized, upon receipt of an application in such form and containing such information as he may by regulation require, to make grants

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1130

 92 STAT. 2410

PUBLIC LAW 95-567—NOV. 2, 1978

to, and enter into contracts with, public and private nonprofit agencies, organizations, and institutions for the purpose of carrying out telecommunications demonstrations. Application "(b) The Secretary may approve an application submitted under approval. subsection (a) if he determines that— " (1) the project for which application is made will demonstrate innovative methods or techniques of utilizing nonbroadcast telecommunications equipment or facilities to satisfy the purpose of this subpart; "(2) demonstrations and related activities assisted under this .viOt'S.,f| ^^j(f^. subpart will remain under the administration and control of the applicant; "(3) the applicant has the managerial and technical capability to carry out the project for which the application is made; and "(4) the facilities and equipment acquired or developed pursuant to the application will be used substantially for the transmission, distribution, and delivery of health, education, or public or social service information, "(c) Upon approving any application under this subpart with G)ntract with respect to any project, the Secretary shall make a grant to or enter applicant. into a contract with the applicant in an amount determined by the Secretary not to exceed the reasonable and necessary cost of such project. The Secretary shall pay such amount from the sums available therefor, in advance or by way of reimbursement, and in such installments consistent with established practice, as he may determine. "(d) Funds made available pursuant to this subpart shall not be available for the construction, remodeling, or repair of structures to house the facilities or equipment acquired or developed with such funds, except that such funds may be used for minor remodeling which is necessary for and incidental to the installation of such facilities or equipment. "Nonbroadcast "(e) For purposes of this section, the term 'nonbroadcast teletelecommunications communications facilities' includes, but is not limited to, cable telefacilities." vision systems, communications satellite systems and related terminal equipment, and other modes of transmitting, emitting, or receiving images and sounds or intelligence by means of wire, radio, optical, electromagnetic, or other means. Funding. "(f) The funding of any demonstration pursuant to this subpart shall continue for not more than 3 years from the date of the original grant or contract. Summary and "(g) The Secretary shall require that the recipient of a grant or evaluation. contract under this subpart submit a summary and evaluation of the results of the demonstration at least annually for each year in which funds are received pursuant to this section. Recordkeeping "(h)(1) Each recipient of assistance under this subpart shall keep requirements. such records as may be reasonably necessary to enable the Secretary to carry out the Secretary's functions under this subpart, including records which fully disclose the amount and the disposition by such recipient of the proceeds of such assistance, the total cost of the project or undertaking in connection with which such assistance is given or used, the amount and nature of that portion of the cost of the project %^ 3 2 0 Xh or undertaking supplied by other sources, and such other records as t6 will facilitate an effective audit, Books, "(2) The Secretary and the Comptroller General of the United documents, States, or any of their duly authorized representatives, shall have records, access for the purposes of audit and examination to any books, docuaccessibility.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1131

 PUBLIC LAW 95-567—NOV. 2, 1978

92 STAT. 2411

ments, papers, and records of the recipient that are pertinent to assistance received under this subpart. " (i) The Secretary is authorized to make such rules and regulations as may be necessary to carry out this subpart, including regulations relating to the order of priority in approving applications for projects under this subpart or to determining the amounts of grants for such projects. "(j) The Commission is authorized to provide such assistance in carrying out the provisions of this subpart as may be requested by the Secretary. The Secretary shall provide for close coordination with the Commission in the administration of the Secretary's functions under this subpart which are of interest to or affect the functions of the Commission. The Secretary shall provide for close coordination with the Corporation in the administration of the Secretary's functions under this subpart which are of interest to or affect the functions of the Corporation. "(k) There are authorized to be appropriated $1,000,000 for each of the fiscal years 1979, 1980, and 1981, to be used by the Secretary to carry out the provisions of this subpart. Sums appropriated under this subsection for any fiscal year shall remain available for payment of grants or contracts for projects for which applications approved under this subpart have been submitted within one year after the last day of such fiscal year.".

Rules and regulations.

Assistance.

Appropriation authorization.

TITLE III—CORPORATION FOR PUBLIC BROADCASTING DECLARATION OF POLICY

SEC. 301. Section 396(a) of the Communications Act of 1934 is 47 USC 396. amended to read as follows: "SEC. 396. (a) The Congress hereby finds and declares that— "(1) it is in the public interest to encourage the growth and development of public radio and television broadcasting, including the use of such media for instructional, educational, and cultural purposes; "(2) it is in the public interest to encourage the growth and development of nonbroadcast telecommunications technologies for the delivery of public telecommunications services; "(3) expansion and development of public telecommunications and of diversity of its programming depend on freedom, imagination, and initiative on both local and national levels; "(4) the encouragement and support of public telecommunications, while matters of importance for private and local development, are also of appropriate and important concern to the Federal Government; "(5) it furthers the general welfare to encourage public telecommunications services which will be responsive to the interests of people both in particular localities and throughout the United States, and which will constitute an expression of diversity and excellence; "(6) it is necessary and appropriate for the Federal Government to complement, assist, and support a national policy that will most effectively make public telecommunications services available to all citizens of the United States; and "(7) a private corporation should be created to facilitate the development of public telecommunications and to afford maximum protection from extraneous interference and control.".

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1132

 92 STAT. 2412

PUBLIC LAW 95-567—NOV. 2, 1978 CHAIRMAN OF THE BOARD

47 USC 396.

SEC. 302. Section 396(d)(1) of the Communications Act of 1934 is amended by striking out "President shall designate one of the members first appointed to the Board as Chairman; thereafter the". COMPENSATION OF OFFICERS AND EMPLOYEES

.*Hi J-

SEC. 303. (a) Section 396(e)(1) of the Communications Act of 1934 is amended by inserting after the first sentence the following new sentence: "No officer or employee of the Corporation may be compensated by the Corporation at an annual rate of pay which exceeds the rate of basic pay in effect from time to time for level I of the Executive Schedule under section 5312 of title 5, United States Code.". 47 USC 396 note. (b) The amendment made by subsection (a) shall not be construed to reduce the annual rate of pay of any officer or employee of the Corporation for Public Broadcasting in any case in which (1) such officer or employee was appointed or named to any position in the Corpora;.tfi. ^JQjj before the date of the enactment of this Act; and (2) the annual rate of pay for such position, as in effect on such date of enactment, exceeds the maximum rate of pay established in section 396(e)(1) of the Communications Act of 1934, as amended by subsection (a). PURPOSES AND ACTIVITIES OF CORPORATION

SEC. 304. Section 396(g) of the Communications Act of 1934 is amended to read as follows: "Purposes and Activities of Corporation "(g)(1) In order to achieve the objectives and to carry out the purposes of this subpart, as set out in subsection (a), the Corporation is authorized to— "(A) facilitate the full development of public telecommunications in which programs of high quality, diversity, creativity, excellence, and innovation, which are obtained from diverse sources, will be made available to public telecommunications entities, with strict adherence to objectivity and balance in all programs or series of programs of a controversial nature; "(B) assist in the establishment and development of one or more interconnection systems to be used for the distribution of public telecommunications services so that all public telecommunications entities may disseminate such services at times chosen by the entities; "(C) assist in the establishment and development of one or more systems of public telecommunications entities throughout the United States; and "(D) carry out its purposes and functions and engage in its activities in ways that will most effectively assure the maximum freedom of the public telecommunications entities and systems from interference with, or control of, program content or other activities. "(2) In order to carry out the purposes set forth in subsection (a), the Corporation is authorized to— "(A) obtain grants from and make contracts with individuals and with private. State, and Federal agencies, organizations, and institutions;

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1133

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92 STAT. 2413

" (B) contract with or make grants to public telecommunications entities, national, regional, and other systems of public telecommunications entities, and independent producers and production entities, for the production or acquisition of public telecommunications services to be made available for use by public telecommunications entities, except that— " (i) to the extent practicable, proposals for the provision of assistance by the Corporation in the production or acquisition of programs or series of programs shall be evaluated on the basis of comparative merit by panels of outside experts, ' representing diverse interests and perspectives, appointed by the Corporation; and "(ii) nothing in this subparagraph shall be construed to prohibit the exercise by the Corporation of its prudent business judgment with respect to any contract or grant to assist in the production or acquisition of any program or series of programs recommended by any such panel; "(C) make payments to existing and new public telecommunica- Payments, tions entities to aid in financing the production or acquisition of public telecommunications services by such entities, particularly innovative approaches to such services, and other costs of operation of such entities; "(D) establish and maintain, or contribute to, a library and archives of noncommercial educational and cultural radio and television programs and related materials and develop public awareness of, and disseminate information about, public telecommunications services by various means, including the publication of a journal; " (E) arrange, by grant to or contract with appropriate public or private agencies, organizations, or institutions, for interconnection facilities suitable for distribution and transmission of public telecommunications services to public telecommunications entities; " (F) hire or accept the voluntary services of consultants, experts, advisory boards, and panels to aid the Corporation in carrying out the purposes of this subpart; "(G) conduct (directly or through grants or contracts) research, demonstrations, or training in matters related to public television or radio broadcasting and the use of nonbroadcast communications technologies for the dissemination of noncommercial educational and cultural television or radio programs; " (H) make grants or contracts for the use of nonbroadcast telecommunications technologies for the dissemination to the public of public telecommunications services; and " (I) take such other actions as may be necessary to accomplish the purposes set forth in subsection (a). Nothing contained in this paragraph shall be construed to commit the Federal Government to provide any sums for the payment of any obligation of the Corporation which exceeds amounts provided in advance in appropriation Acts. "(3) To carry out the foregoing purposes and engage in the foregoing activities, the Corporation shall have the usual powers conferred upon a nonprofit corporation by the District of Columbia Nonprofit Corporation Act (D.C. Code, sec. 29-1001 et seq.), except that the Corporation is prohibited from— Prohibitions. "(A) owning or operating any television or radio broadcast station, system, or network, community antenna television system.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1134

 92 STAT. 2414

Post, p. 2415. Study, completion.

Submission to Comptroller General.

PUBLIC LAW 95-567—NOV. 2, 1978

interconnection system or facility, program production facility, or any public telecommunications entity, system, or network; and "(B) producing programs, scheduling programs for dissemination, or disseminating programs to the public. "(4) All meetings of the Board of Directors of the Corporation, including any committee of the Board, shall be open to the public under such terms, conditions, and exceptions as are set forth in subsection (k)(4). "(5) The Corporation, in consultation with public broadcast stations, shall undertake a study to determine the manner in which personal services of volunteers should be included in determining the level of non-Federal financial support pursuant to subsection (k) (2)(A). The study, which shall be completed not later than 180 days after the effective date of this paragraph, shall include an examination of any fiscal, administrative, or other factors which should be taken into account in determining the manner in which such services should be so included, and shall include proposed valuation standards. Upon completion, the study and the proposed valuation standards shall be submitted to the Comptroller General of the United States for approval. "(6) The Corporation, in consultation with interested parties, shall create a 5-year plan for the development of public telecommunications services. Such plan shall be updated annually by the Corporation.". INTERCONNECTION SERVICE

47 USC 396.

S E C 305. Section 396(h) of the Communications Act of 1934 is amended to read as follows: . "Interconnection Service " (h)(1) Nothing in this Act, or in any other provision of law, shall be construed to prevent United States commimications common carriers from rendering free or reduced rate commimications interconnection services for public television or radio services, subject to such rules and regulations as the Commission may prescribe. "(2) Subject to such terms and conditions as may be established by public telecommunications entities receiving space satellite interconnection facilities or services purchased or arranged for, in whole or in part, with funds authorized under this part, other public telecommunications entities shall hB.ve reasonable access to such facilities or services for the distribution of educational and cultural programs to public telecommunications entities. Any remaining capacity shall be made available to other persons for the transmission of noncommercial educational and cultural programs and program information relating to such programs, to public telecommunications entities, at a charge or charges comparable to the charge or charges, if any, imposed upon a public telecommunications entity for the distribution of noncommercial educational and cultural programs to public telecommunications entities. No such person shall be denied such access whenever sufficient capacity is available.". A N N U A L REPORT TO CONGRESS

>fr«)iii<jtf-)"'1

S E C 306. Section 396(i) of the Communications Act of 1934 is amended to read as follows:

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1135

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"Report to Congress " (i)(l) The Corporation shall submit an annual report for the preceding fiscal year ending September 30 to the President for transmittal to the Congress on or before the 15th day of February of each year. The report shall include— "(A) a comprehensive and detailed report of the Corporation's operations, activities, financial condition, and accomplishments under this subpart and such recommendations as the Corporation deems appropriate; "(B) a comprehensive and detailed inventory of funds distributed by Federal agencies to public telecommunications entities during the preceding fiscal year; and "(C) the summary of the annual report provided to the Secretary pursuant to section 398(b)(4). "(2) The officers and directors of the Corporation shall be available to testify before appropriate committees of the Congress with respect to such report, the report of any audit made by the Comptroller General pursuant to subsection (1), or any other matter which such committees may determine.".

Report to President and Congress.

Post, p. 2420.

FINANCING; OPEN MEETINGS AND FINANCIAL RECORDS

SEC. 307. (a) Section 396(k) of the Communications Act of 1934 47 USC 396. is amended to read as follows: "Financing; Open Meetings and Financial Records " (k)(l)(A) There is hereby established in the Treasury a fund which shall be known as the Public Broadcasting Fund (hereinafter in this subsection referred to as the 'Fund'), to be administered by the Secretary of the Treasury. "(B) There is authorized to be appropriated to the Fund, for each of the fiscal years 1978, 1979, and 1980, an amount equal to 40 percent of the total amount of non-Federal financial support received by public broadcasting entities during the fiscal year second preceding each such fiscal year, except that the amount so appropriated shall not exceed $121,000,000 for fiscal year 1978, $140,000,000 for fiscal year 1979, and $160,000,000 for fiscal'year 1980 "(C) There is authorized to be appropriated to the Fund, for each of the fiscal years 1981, 1982, and 1983, an amount equal to 50 percent of the total amount of non-Federal financial support received by public broadcasting entities during the fiscal year second preceding each such fiscal year, except that the amount so appropriated shall not exceed $180,000,000 for fiscal year 1981, $200,000,000 for fiscal year 1982, and $220,000,000 for fiscal year 1983. "(D) Funds appropriated under this subsection shall remain available until expended. "(2)(A) The funds authorized to be appropriated by this subsection shall be used by the Corporation, in a prudent and financially responsible manner, solely for its grants, contracts, and administrative costs, except that the Corporation may not use any funds appropriated under this subpart for purposes of conducting any reception, or providing any other entertainment, for any officer or employee of the Federal Government or any State or local government. The Corporation shall determine the amount of non-Federal financial support received by public broadcasting entities during each of the fiscal years referred to

Public Broadcasting Fund. Establishment. Appropriation authorizations.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1136

 92 STAT. 2416

PUBLIC LAW 95-567—NOV. 2, 1978

in paragraph (1) for the purpose of determining the amount of each authorization, and shall certify such amount to the Secretary of the Treasury, except that the Corporation may include in its certification non-Federal financial support received by a public broadcasting entity during its most recent fiscal year ending before September 30 of the year for which certification is made. Upon receipt of such certification, the Secretary of the Treasury shall make available to the Corporation, from such funds as may be appropriated to the Fund, the amount authorized for each of the fiscal years pursuant to the provisions of this subsection. "(B) Funds appropriated and made available under this subsection shall be disbursed by the Secretary of the Treasury on a quarterly basis, in such amounts as the Corporation certifies will be necessary to meet its financial obligations in the succeeding quarter. Reservation for "(3)(A) The Corporation shall reserve for distribution among the distribution. licensees and permittees of public television and radio stations an amount equal to— "(i) not less than 40 percent of the funds disbursed by the Corporation from the Fund under this section in each fiscal year in which the amount disbursed is $88,000,000 or more, but less than $121,000,000; "(ii) not less than 45 percent of such funds in each fiscal year in which the amount disbursed is $121,000,000 or more, but less than $160,000,000; and dt?. "(iii) not less than 50 percent of such funds in each fiscal year in which the amount disbursed is $160,000,000 or more. Annual budget, "(B)(i) The Corporation shall establish an annual budget accordestablishment. ing to which it shall make grants and contracts for production of public television or radio programs by independent producers and production entities and public telecommunications entities, for acquisition of such programs by public telecommunications entities, for interconnection facilities and operations, for distribution of funds among public telecommunications entities, and for engineering and programrelated research. A significant portion of funds available under the budget established by the Corporation under this subparagraph shall be used for funding the production of television and radio programs. Of such portion, a substantia] amount shall be reserved for distribution to independent producers and production entities for the production of programs. Funds, "(ii) All funds contained in the annual budget established by the distribution to Corporation under clause (i) shall be distributed to entities outside outside entities. the Corporation and shall not be used for the general administrative costs of the Corporation, the salaries or related expenses of Corporation personnel and members of the Board, or for expenses of consultants and advisers to the Corporation. " (iii) During each of the fiscal years 1981, 1982, and 1983, the annual budget established by the Corporation under claiise (i) shall consist of not less than 95 percent of the funds made available by the Secretary of the Treasury to the Corporation pursuant to paragraph (2)(A). "(iv) In determining the amount of funds which shall be made available for radio programming and operations under this subparagraph, the Corporation shall take into account the increased financial needs relating to radio programming and operations resulting from the expansion and development of noncommercial radio broadcast station facilities through the use of funds made available Ante, p. 2408. pursuant to section 393(d).

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1137

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92 STAT. 2417

"(C) I n fiscal year 1981, the Corporation may expend an amount equal to not more than 5 percent of the funds made available by the Secretary of the Treasury during such fiscal year pursuant to paragraph (2)(A) for those activities authorized under subsection (g)(2) which are not among those grant activities described in subparagraph (B). "(D) In fiscal years 1982 and 1983, the amount which the Corporation may expend for activities authorized under subsection (g)(2) which are not among those grant activities described in subparagraph (B) shall be 105 percent of the amount derived for the preceding fiscal year. "(4) Funds may not be distributed pursuant to this subsection to Open meetings, the Public Broadcasting Service or National Public Eadio (or any successor organization), or to the licensee or permittee of any public broadcast station, unless the governing body of any such organization, any committee of such governing body, or any advisory body of any such organization, holds open meetings preceded by reasonable notice to the public. AH persons shall be permitted to attend any meeting of the board, or of any such committee or body, and no person shall be required, as a condition to attendance at any such meeting, to register such person's name or to provide any other information. Nothing contained in this paragraph shall be construed to prevent any such board, committee, or body from holding closed sessions to consider matters relating to individual employees, proprietary information, litigation and other matters requiring the confidential advice of counsel, commercial or financial information obtained from a person on a privileged or confidential basis, or the purchase of property or services whenever the premature exposure of such purchase would compromise the business interests of any such organization. If any such meeting is closed pursuant to the provisions of this paragraph, '* the organization involved shall thereafter (within a reasonable period of time) make available to the public a written statement containing an explanation of the reasons for closing the meeting. "(5) Funds may not be distributed pursuant to this subsection to Funds any public telecommunications entity that does not maintain for distribution, public examination copies of the annual financial and audit reports, restriction. or other information regarding finances, submitted to the Corporation pursuant to subsection (1)(3)(B). "(6)(A) The Corporation, in consultation with public television Review, and radio licensees, shall review annually the percentage of funds reserved pursuant to paragraph (3)(A), and the criteria and conditions regarding the division and distribution of such funds among public television and radio stations. "(B) The funds reserved for public broadcast stations pursuant to Funds, paragraph (3)(A) shall be divided into two portions, one to be distribution. distiibuted among radio stations and one to be distributed among television stations. The Corporation shall make a basic grant from the portion reserved for television stations to each licensee and permittee of a public television station that is on the air. The balance of the portion reserved for television stations and the total portion reserved for radio stations shall be distributed to licensees and permittees of such stations in accordance with eligibility criteria that promote the public interest in public broadcasting, and on the basis of a formula designed to— "(i) provide for the financial needs and requirements of stations in relation to the communities and audiences such stations undertake to serve;

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