text:
Page:United States Statutes at Large Volume 92 Part 1.djvu/258

 92 STAT. 204

Publication in Federal Register.

PUBLIC LAW 95-265—APR. 24, 1978 other instrument of conveyance shall be subject to valid existing rights and easements of record; and shall contain any reservation necessary to protect the continuing uses by the United States of real property owned by the United States that is adjacent to the tract conveyed. In addition, conveyance of section 29, township 8 north, range 30 east, shall be made only in accordance with the provisions of section 209 of the said Federal Land Policy and Management Act of 1976 (90 Stat. 2757; 43 U.S.C. 1719). SEC. 3. All moneys received from the conveyance of lands under the terms of this Act shall be disposed of in the same manner as moneys received from the sale of public lands, except that moneys received as reimbursement for costs of appraisal, surveys, and extinguishing adverse claims may be used by the Secretary for said purposes without appropriation. SEC. 4. Subject to valid existing rights on the effective date of this Act, the lands described in section 1 which are subject to conveyance pursuant to this Act are hereby withdrawn from all forms of appropriation under the public land laws, including the mining and mineral leasing laws. Such withdrawal shall terminate automatically with respect to a particular tract upon conveyance of that tract pursuant to this Act. Such withdrawal shall terminate upon publication of an order in the Federal Register by the Secretary no sooner than five years from the effective date of this Act, with respect to any lands or interest remaining in the United States at the conclusion of such fiveyear period. Approved April 24, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-530 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 95-522 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD: Vol. 123 (1977): Aug. 1, considered and passed House. Oct. 28, considered and passed Senate, amended. Vol. 124 (1978): Feb. 24, House concurred in Senate amendment with an amendment. Apr. 12, Senate concurred in House amendment.

�


text:
Page:United States Statutes at Large Volume 92 Part 1.djvu/259

 PUBLIC LAW 95-266—APR. 24, 1978

92 STAT. 2 0 5

Public Law 95-266 95th Congress An Act To promote the healthy development of children who would benefit from adoption by facilitating their placement in adoptive homes, to extend and improve the provisions of the Child Abuse Prevention and Treatment Act, and for other purposes.

Apr. 24, 197t5^ [H.R. 6693]

Be it enacted by the Senate a7id House of Representatives of the United States of America in Congress assembled, That this Act may Child Abuse be cited as the "Child Abuse Prevention and Treatment and Adoption Prevention and Treatment and Reform Act of 1978". Adoption Reform Act of 1978. TITLE I — AMENDMENTS TO C H I L D A B U S E P R E V E N T I O N 42 USC 5101 note. AND TREATMENT ACT NATIONAL CENTER ON CHILD ABUSE AND NEGLECT

SEC. 101. Section 2 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5101) (hereinafter in this title referred to as "the Act") is amended by— (1)(A) striking out "and publish" and inserting in lieu thereof "publish, and disseminate" in clause (1) of subsection (b); (B) striking out " and publish" and inserting in lieu thereof a comma and "publish, and disseminate" in clause (3) of subsection (b); (C) striking out " and " after clause (5) of subsection (b); (D) striking out the period at the end of clause (6) of subsection (b) and inserting in lieu thereof a semicolon and " and "; and (E) a d d i n g after clause (6) of subsection (b) the following: " (7) in consultation with Federal agencies serving on the Advisory B o a r d on Child Abuse and Neglect (established by section 6 of this Act), p r e p a r e a comprehensive plan for seeking to b r i n g about maximum coordination of the goals, objectives, and activities of all agencies and organizations which have responsibilities for programs and activities related to child abuse and neglect, and submit such plan to such Advisory Board not later than twelve months after the date of enactment of this clause. The Secretary shall establish research priorities for making grants or contracts under clause (5) of this subsection and, not less than sixty days before establishing such priorities, shall publish in the Federal Register for public comment a statement of such proposed priorities."; (2) inserting a t the end of subsection (c) the following new sentences: " G r a n t s may be made under subsection (b)(5) for periods of not more than three years. Any such g r a n t shall be reviewed at least annually by the Secretary, utilizing pe^r review mechanisms to assure the quality and progress of research conducted under such g r a n t. "; and (3) a d d i n g after subsection (c) the following new subsection: " (d) The Secretary shall make available to the Center such staff and resources as are necessary for the Center to carry out effectively its functions under this Act.".

Plan, submittal to Advisory Board on Child Abuse and Neglect. 42 USC 5105.

Research priorities for grants or contracts. Publication in Federal Register. Review.

�

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


text:
Page:United States Statutes at Large Volume 92 Part 1.djvu/260

 92 STAT. 206

PUBLIC LAW 95-266—APR. 24, 1978 DEFINITION

SEC. 102. Section 3 of the Act (42 U.S.C. 5102) is amended by— (1) inserting "or exploitation" after "sexual abuse"; and (2) inserting a comma and "or the age specified by the child protection law of the State in question," after "eighteen". DEMONSTRATION OR SERVICE PROGRAMS AND PROJECTS

SEC. 103. Section 4 of the Act (42 U.S.C. 5103) is amended by— (1) amending subsection (a) by— (A) inserting "or service" after "demonstration" in the first sentence; (B) striking out "the development and establishment of" in clause (1); and (C) striking out the last sentence of such subsection; (2) amending subsection (b) by— (A) striking out in paragraph (1) "Of the sums" and all that follows through "grants" and inserting in lieu thereof "The Secretary, through the Center, is authorized to make grants", and striking out "for the payment of reasonable and necessary expenses"; and (B) inserting in paragraph (2) immediately below clause (J) the following new sentence: "If a State has failed to obligate funds awarded under this subsection within eighteen months after the date of award, the next award under this subsection made after the expiration of such period shall be reduced by an amount equal to the amount of such unobligated funds unless the Secretary determines that extraordinary reasons justify the failure to so obligate."; and (3) amending the heading for such section to read as follows: " D E M O N S T R A T I O N OR SERVICE PROGRAMS AND PROJECTS". AUTHORIZATION OF APPROPRIATIONS, EARMARKING, AND SEXUAL ABUSE CENTERS

42 USC 5101. 42 USC 5103.

SEC. 104. Section 5 of the Act (42 U.S.C. 5104) is amended by— (1) striking out "and" after "1975," and striking out the period at the end thereof and inserting in lieu thereof a comma and the following: "$25,000,000 for the fiscal year ending September 30. 1978, $27,500,000 for the fiscal year ending September 30, 1979, and $30,000,000 each for the fiscal years ending September- 30, 1980, and September 30, 1981, respectively. Of the funds appropriated for any fiscal year under this section, not less than 50 per centum shall be used for making grants or contracts under sections 2(b)(5) (relating to research) and 4(a) (relating to demonstration or service projects), giving special consideration to continued Federal funding of child abuse and neglect programs or projects (previously funded by the Department of Health, Education, and Welfare) of national or regional scope and demonstrated effectiveness, of not less than 25 per centum shall be used for making grants or contracts under sexition 4(b)(1) (relating to grants to States) for the fiscal years ending September 30, 1978,

�


text:
Page:United States Statutes at Large Volume 92 Part 1.djvu/261

 PUBLIC LAW 95-266—APR. 24, 1978

92 STAT. 207

and September 30, 1979, respectively, and not less than 30 per centum shall be used for making grants or contracts under section 4(b)(1) (relating to grants to States) for each of the fiscal 42 USC 5103. years ending September 30, 1980, and September 30, 1981, respectively."; and (2) inserting " (a) " after "SEC. 5." and adding at the end thereof the following new subsection: "(b)(1) There are authorized to be appropriated $3,000,000 for the fiscal year ending September 30, 1978, $3,500,000 for the fiscal year ending September 30, 1979, and $4,000,000 each for the fiscal years ending September 30, 1980, and September 30, 1981, respectively, for the purpose of making grants and entering into contracts (under sections 2(b)(5) (relating to research), 4(a) (relating to demonstration 42 USC 5101. or services projects), and 4(b)(1) (relating to grants to States)) for programs and projects (including the support of not less than three Centers for the provision of treatment, and personnel training, and other related services) designed to prevent, identify, and treat sexual abuse of childi'en, including programs involving the treatment of family units, programs for the provision of treatment and related services to persons who have committed acts of sexual abuse against children, and programs for the training of personnel. "(2) Of the sums appropriated under this subsection, not more than 10 per centum shall be expended under section 2(b)(5) (relating to research). "(3) As used in this subsection, the term— Definitions. "(A) 'sexual abuse' includes the obscene or pornographic photographing, filming, or depiction of children for commercial purposes, or the rape, molestation, incest, prostitution, or other such forms of sexual exploitation of children under circumstances which indicate that the child's health or welfare is harmed or threatened thereby, as determined in accordance with regulations prescribed by the Secretary; and "(B) 'child' or 'children' means any individual who has not attained the age of eighteen. "(4)(A) Nothing contained in the provisions of this subsection shall be construed as prohibiting the use of funds appropriated under subsection (a) for programs and projects described in subsection (b), nor be construed to prohibit programs or projects receiving funds under subsection (a) from receiving funds under subsection (b). "(B) No funds shall be obligated or expended under this subsection unless an amount at least equal to the amount of funds appropriated in fiscal year 1977 has been appropriated for programs and projects under subsection (a) for any succeeding fiscal year.". ADVISORY BOARD

SEC. 105. Section 6 of the Act (42 U.S.C. 5105) is amended by— (1) inserting before the period at the end of the first sentence in subsection (a) a comma and "and not less than three members from the general public with experience or expertise in the field of child abuse and neglect"; (2) striking out "administered" both places it appears in the second sentence in subsection (a) and inserting in lieu thereof "planned, administered,"; and

�


text:
Page:United States Statutes at Large Volume 92 Part 1.djvu/262

 92 STAT. 208

Plan, submittal to President and Congress. 42 USC 5101. G>mpensation.

PUBLIC LAW 95-266—APR. 24, 1978 (3) striking out subsection (b) and subsection (c) and inserting in lieu thereof the following new subsections: " (b) The Advisory B o a r d shall review the comprehensive plan submitted to it by the Center pursuant to section 2(b)(7), make such changes as it deems appropriate, and submit to the President and the Congress a final such plan not later than eighteen months after the effective date of this subsection. " (c) Members of the Advisory Board, other than those regularly employed by the Federal Government, while serving on business of the Advisory Board, shall be entitled to receive compensation at a rate not in excess of the daily ex^uivalent payable to a GS-18 employee under section 5332 of title 5, United States Code, including travelt i m e; and, while so serving away from their homes or regular places of business, they may be allowed travel expenses (including per diem in lieu of subsistence) as authorized by section 5703 of such title for persons in the Government service employed intermittently.". TITLE II—ADOPTION OPPORTUNITIES n X D I N G S AND DECLARATION OF PURPOSE

42 USC 5111.

SEC. 201. The Congress hereby finds that many thousands of children lemain in institutions or foster homes solely because of legal and other barriers to their placement in permanent, adoptive homes; that the majority of such children are of school age, handicapped, or b o t h; that adoption may be the best alternative for assuring the healthy development of such children; that there are qualified persons seeking to adopt such children who are unable to do so because of barriers to their placement; and that, in order both to enhance the stability and love of the child's home environment and to avoid Avasteful expenditures of public funds, such children should not be maintained in foster care or institutions when adoption is appropriate and families for them can be found. I t is, therefore, the purpose of t h i s title to facilitate the elimination of barriers to adoption and to provide permanent and loving home environments for children who would benefit by adoption, particularly children with special needs by— (1) promoting the establishment of model adoption legislation and procedures in the States and territories of the United States in order to eliminate jurisdictional and legal obstacles to adopt i o n; and (2) providing a mechanism for the Department of Health, Education, and Welfare to (A) promote quality standards for adoption services (including pre-placement, post-placement, and post-adoption counseling and standards to protect the rights of children i n need of a d o p t i o n), and (B) provide for a national adoption and foster care information data gathering and analysis system and a national adoption information exchange system to b r i n g together children who would benefit by adoption and qualified prospective adoptive parents who are seeking such children. MODEL ADOPTION LEGISLATION AND PROCEDURES

Publication in SEC. 202. (a) Not later than eighteen months after the date of Federal Register. enactment of this Act, the Secretary of Health, Education, and Wel42 USC 5112. fare (hereinafter referred to as the "Secretary") shall issue, based on

�


text:
Page:United States Statutes at Large Volume 92 Part 1.djvu/263

 PUBLIC LAW 95-266—APR. 24, 1978 the recommendations of the panel described in subsection (b) of this section, proposed model adoption legislation and procedures and publish such proposal in the Federal Register for comment. After soliciting and giving due consideration to the comments of interested individuals, groups, and organizations and consulting further with such panel, the Secretary shall issue and publish model adoption legislation and procedures which shall not conflict with the provisions of any interstate compact in operation pursuant to which States are making, supervising, or regulating placements of children. (b)(1) Not later than ninety days aft^r the date of enactment of this Act, the Secretary shall appoint a panel (hereinafter referred to as the "panel") to be composed of not less than eleven nor more than seventeen members generally representative of public and voluntary organizations, agencies, and persons interested and with expertise and experience in facilitating the achievement of the purposes of this title (including, but not limited to, national, State, and local child welfare organizations, including those representative of minorities, and adoptive parent organizations). The panel shall (A) review current conditions, practices, and laws relating to adoption, with special reference to their effect on facilitating or impeding the location of suitable adoptive homes for children who would benefit by adoption and the completion of suitable adoptions for such children; and (B) not later than twelve months after the date on which the members of the panel have been appointed, propose to the Secretary model (including adoption assistance agreement) legislation and pi-ocedures relating to adoption designed to facilitate adoption by families of all economic levels. (2) The panel shall be terminated thirty days after the Secretary publishes the final model legislation and procedures pursuant to subsection (a) of this section. (3) Members of the panel, other than those regularly employed by the Federal Government, while serving on business of the panel shall he entitled to receive compensation at a rate not in excess of the daily equivalent of the rate payable to a GS-18 employee under section 5o22 of title 5, United States Code, including traveltime; and, while so serving away from their homes or regular places of business, they may be allowed travel expenses (including per diem in lieu of subsistence) as authorized by section 5703 of such title for persons in the Government service employed intermittently. (c) The Secretary shall take such steps as he or she deems necessary to encourage and facilitate the enactment in each State of comprehensive adoption assistance legislation and the establishment in each State of the model legislation and procedures published pursuant to subsection (a) of this section.

92 STAT. 209

Panel. Appointment.

Tennination. Compensation,

INFORMATION AND SERVICES

SEC. 203. (a) The Secretary shall establish in the Department of 42 USC 5113. Health, Education, and Welfare an appropriate administrative arrangement to provide a centralized focus for planning and coordinatinir of all departmental activities affecting adoption and foster care and for carrying out the provisions of this title. The Secretary shall make available such consultant services and personnel, together with

�


text:
Page:United States Statutes at Large Volume 92 Part 1.djvu/264

 92 STAT. 210

PUBLIC LAW 95-266—APR. 24, 1978 appropriate administrative expenses, as are necessary for carrying out such purposes. (b) I n connection with carrying out the provisions of subsection (a) of this section, the Secretary shall— (1) provide (directly or by g r a n t to or contract with public or private nonprofit agencies and organizations) for the establishment and operation of a national adoption and foster care data gathering and analysis system utilizing data collected by States pursuant to requirements of law; (2) conduct (directly or by g r a n t to or contract with public or private nonprofit agencies or organizations) an education and training program on adoption, and prepare, publish, and disseminate (directly or by grant to or contract with public or private nonprofit agencies and organizations) to all interested parties, public and private agencies and organizations (including, but not limited to, hospitals, health care and family planning clinics, and social services agencies), and governmental bodies, information and education and training materials regarding adoption and adoption assistance program s; (3) notwithstanding any other provision of law, provide (directly or by g r a n t to or contract with public or private nonprofit agencies or organizations) for (A) the operation of a national adoption information exchange system (including only such information as is necessary to facilitate the adoptive placement of children, utilizing computers and data processing methods to assist in the location of children who would benefit by adoption and in the placement in adoptive homes of children awaiting adoption); and (B) the coordination of such system with similar State and regional systems; (4) provide (directly or by grant to or contract with public or private nonprofit agencies or organizations, including parent groups) for the provision of technical assistance in the planning, improving, developing, and carrying out of programs and activities relating to adoption; and (5) consult with other appropriate Federal departments and agencies in order to promote maximum coordination of the services and benefits provided under programs carried out by such departments and agencies with those carried out by the Secretary, and provide for the coordination of such aspects of all programs within the Department of Health, Education, and Welfare relating to adoption. STUDY OF UXLICENSED AnOPTIOX PLACEMENTS

Report to congressional committees. 42 USC 5114.

SEC. 204. The Secretary shall provide for a study (the results of which shall be reported to the appropriate committees of the Congress J^Q|- \^{QY than eighteen months after the date of enactment of this Act) designed to determine the nature, scope, and effects of the interstate (and, to the extent feasible, intrastate) placement of children in adoptive homes (not including the homes of stepparents or relatives of the child in question) by persons or agencies which are not licensed by or subject to regulation by any governmental entity.

�


text:
Page:United States Statutes at Large Volume 92 Part 1.djvu/265

 PUBLIC LAW 95-266—APR. 24, 1978

92 STAT. 211

AUTHORIZATION OF APPROPRIATIONS

SEC. 205. There are authorized to be appropriated $5,000,000 for the 42 USC 5115. fiscal year ending September 30, 1978, and such sums as may be necessary for the succeeding three fiscal years to carry out this title. Approved April 24, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-609 (Comm. on Education and Labor). SENATE REPORT No. 95-167 accompanying S. 961 (Comm. on Human Resources). CONGRESSIONAL RECORD: Vol. 123 (1977): Sept. 26, considered and passed House. Oct. 27, considered and passed Senate, amended, in lieu of S. 961. VoL 124 (1978): Apr. 10, House agreed to Senate amendments with amendments. Apr. 12, Senate concurred in House amendments.

�


text: Talk:Travels in Alaska

title: Talk:Travels in Alaska


text:
Page:United States Statutes at Large Volume 92 Part 1.djvu/266

 92 STAT. 212

PUBLIC LAW 95-267—APR. 24, 1978

Public Law 95-267 95th Congress Joint Resolution Apr. 24, 1978 [HJ. Res. 578]

Authorizing the President to proclaim the third week of May of 1978 and 1979 as "National Architectural Barrier Awareness Week".

National Architectural Barrier Awareness Week. Designation authorization.

Whereas architectural barriers infringe upon the rights of the physically handicapped by impeding their access to buildings and other facilities in the United States; and Whereas the Congress has enacted legislation requiring the removal of architectural barriers at institutions receiving Federal funds; and Whereas the Internal Revenue Code of 1954 provides deductions of as much as $25,000 per year to taxpayers to encourage the removal of architectural barriers; and Whereas public commitment is necessary to achieve the goal of removing architectural barriers from buildings and other facilities in the United States; and Whereas public commitment to solve the problem of architectural barriers is based upon public awareness of such problem and the means to solve such problem; and Whereas the American National Standards Institute has developed standards which, if implemented, would increase the accessibility of buildings and other facilities in the United States to the physically handicapped: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States is authorized and requested to issue a proclamation designating the third week of May of 1978 and 1979 as "National Architectural Barrier Awareness Week", and calling upon the people of the United States to observe such week with appropriate activities. Approved April 24, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-918 (Coram, on Post Office and Civil Service). SENATE REPORT No. 95-727 (Coram, on the Judiciary). CONGRESSIONAL RECORD, Vol. 124 (1978): Mar. 6, considered and passed House. Apr. 11, considered and passed Senate.

�


text:
Page:United States Statutes at Large Volume 92 Part 1.djvu/267

 PUBLIC LAW 95-268—APR. 24, 1978

92 STAT. 213

Public Law 95-268 95th Congress An Act To amend the Foreign Assistance Act of 1961 with respect to the activities of the Overseas Private Investment Corporation.

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

1. This Act may be cited as the "Overseas Private Investment Corporation Amendments Act of 1978". SECTION

Apr. 24, 1978 [H.R. 9179] Overseas Private Investment Corporation Amendments Act of 1978. 22 USC 2151 note.

PURPOSE AND POLICY

SEC. 2. Section 231 of the Foreign Assistance Act of 1961 is 22 USC 2191. amended— (1) by inserting after the first undesignated paragraph the following new undesignated paragraph: "The Corporation, in determining whether to provide insurance, financing, or reinsurance for a project, shall especially— "(1) be guided by the economic and social development impact and benefits of such a project and the ways in which such a project complements, or is compatible with, other development assistance programs or projects of the United States or other donors; and "(2) give preferential consideration to investment projects in less developed countries that have per capita incomes of $520 or less in 1975 United States dollars, and restrict its activities with respect to investment projects in less developed countries that have per capita incomes of $1,000 or more in 1975 United States dollars."; (2) by amending subsection (e) to read as follows: "(e) to the maximum degree possible consistent with its purposes— "(1) to give preferential consideration in its investment insurance, reinsurance, and guaranty activities to investment projects sponsored by or involving United States small business; and "(2) to increase the proportion of projects sponsored by or significantly involving United States small business to at least 30 percent of all projects insured, reinsured, or guaranteed by the Corporation;"; (3) in subsection (m), by striking out the period at the end thereof and inserting in lieu thereof "; and"; (4) by adding at the end thereof the following new subsection: "(n) to decline to issue any contract of insurance or reinsurance, or any guaranty, or to enter into any agreement to provide financing for an eligible investor's proposed investment if the Corporation determines that such investment is likely to cause a significant reduction in the number of employees in the United States."; and

�


text:
Page:United States Statutes at Large Volume 92 Part 1.djvu/268

 92 STAT. 214

PUBLIC LAW 95-268—APR. 24, 1978 (5) by striking out subsections (f) and (1), and redesignating subsections (g), (h), (i), (j), (k), (m), and (n) as subsections (f)j (g)? (li), (i), (J), (k),and (1), respectively. INVESTMENT INSURANCE AND OTHER PROGRAMS

22 USC 2194.

SEC. 3. Section 234 of the Foreign Assistance Act of 1961 is amended— (1) in subsection (a)(2), by striking out all after "total project financing" and inserting in lieu thereof a period; (2) in subsection (a)(3) and subsection (b), by striking out "total face amount" each place it appears and inserting in lieu thereof "maximum contingent liability"; (3) by striking out paragraphs (4) through (7) of subsection

(4) in subsection (c), by adding the following new sentence at the end of the first paragraph: "Loans may be made under this subsection only for projects that are sponsored by or significantly involve United States small business or cooperatives."; (5) by striking out the last paragraph of subsection (c) and inserting in lieu thereof the following: Loans for "Xo loan may be made under this subsection to finance any operaextraction of tjon for the extraction of oil or gas. The aggregate amount of loans nonfuel minerals. yj]^(jer this subsection to finance operations for the mining or other extraction of any deposit of ore or other nonfuel minerals may not in any fiscal year exceed $4,000,000."; (6) in the first sentence of subsection (d), by striking out all after "private investors" and inserting in lieu thereof a comma and the following: "except that— "(1) the Corporation shall not finance any survey to ascertain the existence, location, extent, or quality of, or to determine the feasibility of undertaking operations for the extraction of, oil or gas; and "(2) expenditures financed by the Corporation during any fiscal year on surveys to ascertain the existence, location, extent, or quality of, or to determine the feasibility of undertaking operations for the extraction of nonfuel minerals may not exceed $200,000."; and (7) in paragraph (1) of subsection (f) by striking out the period at the end thereof and inserting in lieu thereof the following: "; except that (A) such agreements and contracts shall be consistent with the purposes of the Corporation set forth in secAnte, p. 213. tion 231 of this Act and shall be on equitable terms, and (B) the Corporation shall not make or carry out any association or risksharing agreement for the direct underwriting of insurance by the Corporation with others, other than on an individual basis where such direct underwriting facilitates the purposes of the Corporation as set forth in section 231 of this Act.". ISSUING AUTHORITY

22 USC 2195.

SEC. 4. Section 235 of the Foreign Assistance Act of 1961 is amended— (1) in subsection (a)(2), by striking out ", of which guaranties of credit union investment shall not exceed $1,250,000"; and (2) in subsection (a)(4), by striking out "December 31, 1977" and inserting in lieu thereof "September 30, 1981".

�


text:
Page:United States Statutes at Large Volume 92 Part 1.djvu/269

 PUBLIC LAW 9 5 - 2 6 8 — A P R. 24, 1978

92 STAT. 215

GENERAL PROVISIONS RELATING TO INSURANCE AND GUARANTY PROGRAM

SEC. 5. Section 237(f) of the Foreign Assistance Act of 1961 is 22 USC 2197. amended— (1) by inserting before the period at the end of the first sentence a comma and the following: "except that the Corporation may provide for appropriate adjustments in the insured dollar value to reflect the replacement cost of project assets"; and (2) by inserting before the period at the end of the second sentence a comma and the following: "except that such limitation shall not apply to direct insurance or reinsurance of loans by banks or other financial institutions to unrelated parties". ACTS OF BRIBERY

SEC. 6. Section 237 of the Foreign Assistance Act of 1961 is amended by adding at the end thereof the following new subsection: "(1)(1) No payment may be made under any insurance or reinsurance which is issued under this title on or after the date of enactment of this subsection for any loss occurring with respect to a project, if the preponderant cause of such loss was an act by the investor seeking payment under this title, by a person possessing majority ownership and control of the investor at the time of the act, or by any agent of such investor or controlling person, and a court of the United States has entered a final judgment that such act constituted a violation under the Foreign Corrupt Practices Act of 1977. 15 USC 78a note. " (2) Not later than 120 days after the date of enactment of this sub- Regulations. section, the Corporation shall adopt regulations setting forth appropriate conditions under which any person convicted under the Foreign C o r r u p t Practices Act of 1977 for an offense related to a project insured or otherwise supported by the Corporation shall be suspended, for a period of not more than five years, from eligibility to receive any insurance, reinsurance, guaranty, loan, or other financial support authorized by this title.''. GENERAL PROVISIONS AND POWERS

SEC. 7. Section 239 of the Foreign Assistance Act of 1961 is amended— (1) in subsection (b), by striking out the second paragraph thereof; (2) in subsection (d), by inserting after "section 231(c) " in the parenthetical the following: "or participation certificates as evidence of indebtedness held by the Corporation in connection wath settlement of claims under section 2 3 7 (i) "; and (3) by adding at the end thereof the following new" subsections: " (i) I n order to carry out the policy set forth in paragraph (1) of the second undesignated paragraph of section 231 of this Act, the Corporation shall prepare and maintain for each investment project it insures, finances, or reinsures, a development impact profile consisting of data appropriate to measure the projected and actual effects of such project on development. Criteria for evaluating projects shall be developed in consultation with the Agency for International Development. " (j) The Corporation shall not provide any insurance, reinsurance, guaranty, loan, or other financial support authorized by section 234

22 USC 2199.

Development impact profile. ^me, p. 213.

Ante, p. 214.

�


text:
Page:United States Statutes at Large Volume 92 Part 1.djvu/270

 92 STAT. 216

Ante, p. 214.

PUBLIC LAW 95-268—APR. 24, 1978 for any new or significantly expanded project involving the exploration for or the mining of or other extraction of copper if such new or expanded production of copper is planned to begin before January 1, 1981, and the Corporation shall not support SLUJ such project which would begin production after such date if the project will cause injury to the primary United States copper industry. " (k) The Corporation may not provide any insurance, reinsurance, guaranty, financing, or other financial support authorized by section 234 for any project to establish or expand production or processing of palm oil, sugar, or citrus crops for export.". H U M A N RIGHTS

22 USC 2199.

22 USC 2151n.

SEC. 8. Section 239 of the Foreign Assistance Act of 1961, as amended by section 7 of this Act, is further amended by adding at the end thereof the following new subsection: "(1) The Corporation shall take into account in the conduct of its programs in a country, in consultation with the Secretary of State, all available information about observance of and respect for human rights and fundamental freedoms in such countiy and the effect the operation of such programs will have on human rights and fundamental freedoms in such country. The provisions of section 116 of this Act shall apply to any insurance, reinsurance, guaranty, or loan issued by the Corporation for projects in a country, except that in addition to the exception (with respect to benefiting needy people) set forth in subsection (a) of such section, the Corporation may support a project if the national security interest so requires.". SMALL BUSINESS DEVELOPMENT

22 USC 2200.

Ante, p. 213.

SEC. 9. The Foreign Assistance Act of 1961 is amended by inserting after section 239 the following new section: "SEC. 240. SMALL BUSINESS DEVELOPMENT.—The Corporation shall undertake, in cooperation with appropriate departments, agencies, and instrumentalities of the United States as well as private entities and others, to broaden the participation of United States small business, cooperatives, and other small United States investors in the development of small private enterprise in less developed friendly countries or areas. The Corporation shall allocate up to 50 per cent oi its annual net income, after making suitable provision for transfers and additions to reserves, to assist and facilitate the development of projects consistent with the provisions of this section. Such funds may be expended, notwithstanding the requirements of section 231(a), on such terms and conditions as the Corporation may determine, through loans, grants, or other programs authorized by section 234.". REPORTS

22 USC 2200a.

SEC. 10. Section 240A of the Foreign Assistance Act of 1961 is amended to read as follows: Reports to "SEC. 240A. REPORTS TO THE CONGRESS.— (a) After the end of each Congress. fiscal year, the Corporation shall submit to the Congress a complete and detailed report of its operations during such fiscal year. Such report shall include— "(1) an assessment, based upon the development impact proAnte, p. 215. files required by section 239(i), of the economic and social development impact and benefits of the projects with respect to which

�


text:
Page:United States Statutes at Large Volume 92 Part 1.djvu/271

 PUBLIC LAW 95-268—APR. 24, 1978

92 STAT. 217

such profiles are prepared, and of the extent to which the operations of the Corporation complement or are compatible with the development assistance programs of the United States and other donors; and "(2) a description of any project for which the Corporation— "(A) refused to provide any insurance, reinsurance, guaranty, financing, or other financial support, on account of violations of human rights referred to in section 239(1); or Ante, p. 216. "(B) notwithstanding such violations, provided such insurance, reinsurance, guaranty, financing, or financial support, on the basis of a determmation (i) that the project will directly benefit the needy people in the country in which the project is located, or (ii) that the national security interest so requires. "(b) Not later than September 30, 1980, the Corporation shall sub- Report to mit to the Congress a report on the development of private and multi- Congress, lateral programs for investment insurance and any reinsurance arrangements the Corporation has made with private insurance companies, multilateral organizations and institutions, or other entities.". Approved April 24, 1978.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 95-670 (Coram, on International Relations) and No. 95-1043 (Comm. of Conference). SENATE REPORT No. 95-505 (Comm. on Foreign Relations). CONGRESSIONAL RECORD: Vol. 123 (1977): Oct. 25, S. 1771 considered and passed Senate. Nov. 2, 3, considered in House. Vol. 124 (1978): Feb. 23, considered and passed House. Mar. 6, considered and passed Senate, amended, in lieu of S.,1771. Apr. 6, Senate agreed to conference report. Apr. 11, House agreed to conference report.

�


text:
Page:United States Statutes at Large Volume 92 Part 1.djvu/272

 92 STAT. 218

PUBLIC LAW 95-269—APR. 26, 1978

Public Law 95-269 95th Congress An Act Apr. 26, 1978 [H.R. 7744]

Rivers and harbors, improvements.

Study.

Submittal to Congress.

To amend the Acts of August 11, 1888, and March 2, 1919, pertaining to carrying out projects for improvements of rivers and harbors by contract or otherwise, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 3 of the Act of August 11, 1888 (25 Stat. 423; 33 U.S.C. 622), is amended to read as follows: "SEC. 3. (a) The Secretary of the Army, acting through the Chief of Engineers (hereinafter referred to as the 'Secretary'), in carrying out projects for improvement of rivers and harbors (other than surveys, estimates, and gagings) shall, by contract or otherwise, carry out such work in the manner most economical and advantageous to the United States. The Secretary shall have dredging and related work done by contract if he determines private industry has the capability to do such work and it can be done at reasonable prices and in a timely manner. During the four-year period which begins on the date of enactment of this subsection, the Secretary may limit the application of the second sentence of this subsection for work for which the federally owned fleet is available to achieve an orderly transition to full implementation of this subsection. "(b) As private industry reasonably demonstrates its capability under subsection (a) to perform the work done by the federally owned fleet, at reasonable prices and in a timely manner, the federally owned fleet shall be reduced in an orderly manner, as determined by the Secretary, by retirement of plant. To carry out emergency and national defense work the Secretary shall retain only the minimum federally owned fleet capable of performing such work and he may exempt from the provisions of this section such amount of work as he determines to be reasonably necessary to keep such fleet fully operational, as determined by the Secretary, after the minimum fleet requirements have been determined. Notwithstanding the preceding sentence, in carrying out the reduction of the federally owned fleet, the Secretary may retain so much of the federally owned fleet as he determines necessary, for so long as he determines necessary, to insure the capability of the Federal Government and private industry together to carry out projects for improvements of rivers and harbors. For the purpose of making the determination required by the preceding sentence the Secretary shall not exempt any work from the requirements of this section. The minimum federally owned fleet shall be maintained to technologically modern and efficient standards, including replacement as necessary. The Secretary is authorized and directed to undertake a study to determine the minimum federally owned fleet required to perform emergency and national defense work. The study, which shall be submitted to Congress within two years after enactment of this subsection, shall also include preservation of employee rights of persons presently employed on the existing federally owned fleet.".

�


text:
Page:United States Statutes at Large Volume 92 Part 1.djvu/273

 PUBLIC LAW 9 5 - 2 6 9 — A P R. 26, 1978

92 STAT. 219

SEC. 2. Section 8 of the Act of March 2, 1919 (40 Stat. 1290; 33 U.S.C. 624), is amended to read as follows: " SEC. 8. (a) No works of river and harbor improvement shall be done by private contract— " (1) if the Secretary of the Army, acting through the Chief of Engineers, determines that Government plant is reasonably available to perform the subject work and the contract price for doing the work is more than 25 per centum in excess of the estimated comparable cost of doing the work by Government p l a n t; or " (2) in any other circumstance where the Secretary of the Army, acting through the Chief of Engineers, determines that the contract price is more than 25 per centum in excess of what he determines to be a fair and reasonable estimated cost of a wellequipped contractor doing the work. " (b) I n estimating the comparable cost of doing the work under subsection (a)(1) by Government plant the Secretary of the Army, acting through the Chief of Engineers shall, in addition to the cost of labor and materials, take into account proper charges for depreciation of plant, all supervising and overhead expenses, interest on the capital invested in the Government plant (but the rate of interest shall not exceed the maximum prevailing rate being paid by the United States on current issues of bonds or other evidences of indebtedness) and such other Government expenses and charges as the Chief of Engineers determines to be appropriate. " (c) I n determining a fair and reasonable estimated cost of doing Mork by private contract under subsection ^ a)(2), the Secretary of the Army, acting through the Chief of Engineers, shall, in addition to the cost of labor and materials, take into account proper charges for depreciation of plant, all expenses for supervision, overhead, workmen's compensation, general liability insurance, taxes (State and local), interest on capital invested in plant, and such other expenses and charges the Secretary of the Army, acting through the Chief of Engineers, determines to be appropriate.". Approved April 26, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-605 (Comm. on Public Works and Transportation), SENATE REPORT No. 95-722 (Comm. on Environment and Public Works). CONGRESSIONAL RECORD: Vol. 123 (1977): Sept. 27, considered and passed House. Vol. 124 (1978): Apr. 5, considered and passed Senate, amended. Apr. 13, House agreed to Senate amendments.

39-194 O~80-pt. 1

18: QL3

—

�


text:
Page:United States Statutes at Large Volume 92 Part 1.djvu/274

 92 STAT. 220

PUBLIC LAW 95-270—APR. 27, 1978

Public Law 95-270 95th Congress An Act Apr. 27, 1978 [S. 2452]

Hubert H. Humphrey Institute of Public Affairs and the Everett McKinley Dirksen Congressional Leadership Research Center Assistance Act. 20 USC 2566 note. 20 USC 2566. 20 USC 2567. 20 USC 2568.

Appropriation authorization. 20 USC 2569.

Effective date. 20 USC 2566 note.

To authorize funds for the Hubert H. Humphrey Institute of Public Affairs and for the Everett McKinley Dirksen Congressional Leadership Research Center.

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 "Hubert H. Humphrey Institute of Public Affairs and the Everett McKinley Dirksen Congressional Leadership Research Center Assistance Act". SEC. 2. (a) In recognition of the public service of Senator Hubert H. Humphrey, the Commissioner of Education (hereafter in this Act referred to as the "Commissioner") is authorized to make grants in accordance with the provisions of this Act to assist in the development of the Hubert H. Humphrey Institute of Public Affairs, located at the University of Minnesota, Minneapolis-Saint Paul. (b) In recognition of the public service of Senator Everett McKinley Dirksen, the Commissioner is authorized to make grants in accordance with the provisions of this Act to assist in the development of the Everett jMcKinley Dirksen Congressional Leadership Research Center, located in Pekin, Illinois. SEC. 3. No payment may be made under this Act except upon an application at such time, m such manner, and containing or accompanied by such information as the Commissioner may require. SEC. 4. (a) There are authorized to be appropriated such sums, not to exceed $5,000,000, as may be necessary to carry out the provisions of section 2(a) of this Act. (b) There are authorized to be appropriated such sums, not to exceed $2,500,000, as may be necessary to carry out the provisions of section 2(b) of this Act. (c) Funtls appropriated pursuant to this Act shall leniain available until expended. (d) This Act shall take eft'cct October 1, 1978. Approved April 27, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-888 accompanying H.R. 10606 (Coram, on Education and Labor). SENATE REPORT No. 95-706 (Comm. on Human Resources). CONGRESSIONAL RECORD, Vol 124 (1978): Feb. 2 1, H.R. 10606 considered and passed House. Mar. 22, considered and passed Senate. Apr. 18, considered and passed House, amended. Apr. 19, Senate concurred in House amendment. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 14, No. 17: Apr. 27, Presidential statement.

�


text:
Page:United States Statutes at Large Volume 92 Part 1.djvu/275

 PUBLIC LAW 95-271—APR. 28, 1978

92 STAT. 221

Public Law 95-271 95th Congress An Act To amend title 28, United States Code, to move the place for holding court for the district court of the Eastern District of New York to Brooklyn and Hempstead, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the second paragraph of section 112(c) of title 28, United States Code, is amended to read as follows: "Court for the Eastern District shall be held at Brooklyn and Hempstead (including the village of Uniondale).". SEC. 2. The United States District Court for the Eastern District of New York, by order made anywhere within its district, may pretermit the regular session of court at Hempstead until Federal quarters and accommodations are available and ready for occupancy, except that for the entire period and such pretermission, a special session of the court shall be held at Westbury. Pretermission may be ordered without regard to the provisions of section 140(a) of title 28, United States Code. SEC. 3. Notwithstanding the provisions of section 142 of title 28, United States Code, the Administrator of General Services, at the request of the Director of the Administrative Office of the United States Courts, shall continue to provide existing quarters and accommodations at Westbury for the duration of the special session held pursuant to section 2 of this Act. Appropriations to the judicial branch of Government shall be available to the Director to make necessary disbursements for such quarters and accommodations, and to pay user charges as required by section 210 of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 490), at rates otherwise authorized by law. SEC. 4. Notwithstanding the provisions of section 456 of title 28, United States Code, any judge, and any officer or employee of the judicial branch, whose official station is, on the day before the date of enactment of this Act, Westbury, may maintain that official station for the duration of the special session held pursuant to section 2 of this Act. SEC. 5. The Director of the Administrative Office of the United States Courts may pay travel and transportation expenses in accordance with subchapter II, chapter 57 of title 5, United States Code, to any officer or employee of the judicial branch whose official station changes as a consequence of this Act and who relocates his residence incident to such change of official station. Approved April 28, 1978.

LEGISLATIVE HISTORY: SENATE REPORT No. 95-728 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 124 (1978): Apr. 12, considered and passed Senate. Apr. 25, considered and passed House.

Apr. 28, 1978 [S. 2597]

New York District Court relocation.

28 USC 112 note.

28 USC 112 note.

28 USC 112 note.

28 USC 112 note. 5 USC 5721 et seq.

�


text:
Page:United States Statutes at Large Volume 92 Part 1.djvu/276

 92 STAT. 222

PUBLIC LAW 95-272—MAY 3, 1978

Public Law 95-272 95th Congress Joint Resolution May 3, 1978 [H.J. Res. 649]

To authorize the President to call a White House Conference on the Arts, and to authorize the President to call a White House Conference on the Humanities.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,

White House Conferences on Arts and TITLE I—WHITE HOUSE CONFERENCE ON THE ARTS Humanities. 1979 White SHORT TITLE House Conference on SEC. 101. This title may be referred to as the "1979 White House the Arts Act. 20 USC 951 note. Conference on the Arts Act". FINDINGS

20 USC 951 note.

SEC. 102. The Congress hereby finds and declares— (1) that the development and encouragement of arts activity in the United States are of the utmost importance to the Nation's life and heritage; (2) that concern for the quality of life in the United States requires constant dedication, planning, and reflection on the state of the arts in the Nation; (3) that the arts have an increasingly significant impact on the economic sector of our society; (4) that it is appropriate to encourage the maximum and broadest participation by the Nation's citizenry, including, but not limited to, artists, knowledgeable citizens and other interested persons, representatives of State and local governments, labor, agriculture, business and industry, educators (including art educators) and experts in all fields of the arts, in the process of insuring needed support for the arts among all parties concerned at Federal, State, and local levels; and (5) that in order to implement these findings, it is desirable to call a White House Conference on the Arts. WHITE HOUSE CONJFERENCE ON THE ARTS

20 USC 951 note.

SEC. 103. (a) The President shall call a White House Conference on the Arts to be held no later than December 31, 1979. The purpose of the Conference shall be to help develop a climate in which the arts can flourish, and recommendations to formulate an assessment of problems and issues relating to the arts, and to develop recommendations relating to the appropriate growth of the arts in all parts of the Nation. (b) The Conference shall be planned and conducted under the direction of a Presidentially appointed National Conference Planning Council on the Arts headed by a Chairman (appointed by the President) from among the members of the Council. Each department and agency of the Federal Government shall provide such cooperation and assistance to the Council, including the assignment of personnel; as may reasonably be required by the Council.

�


text:
Page:United States Statutes at Large Volume 92 Part 1.djvu/277

 PUBLIC LAW 95-272—MAY 3, 1978

92 STAT. 223

NATIONAL CONFERENCE P L A N N I N G COUNCIL ON THE ARTS

SEC. 104. (a) There is hereby established a National Conference Establishment. Planning Council on the Arts. The Council shall be composed of 15 20 USC 951 note. members appointed by the President. The Council shall provide guidance and planning for the Conference. (b)(1) Any member of the Council who is otherwise employed by the Federal Government shall serve without compensation in addition to compensation received in his regular employment. (2) Members of the Council, other than any member referred to in G)mpen8ation. paragraph (1), shall receive pay at rates not to exceed the daily rate in effect for GS-18 in section 5332 of title 5, United States Code, for each day they are engaged in the performance of their duties (including time engaged in travel). While so serving away from their homes Travel expenses or regular places of business, such members shall be allowed travel expenses, including per diem in lieu of subsistence, in the same maimer as authorized in section 5703 of title 5, United States Code, for persons in Government service employed intermittently. (c) The Council shall cease to exist 180 days, unless extended by the Termination. President, but in no event a period not to exceed one year, after the submission of the report required in section 105. REPORT

SEC. 105. A report of the Conference shall be submitted by the Council to the President and to the Congress no later than 180 days following the date on which the Conference is called and shall include recommendations for any legislative action necessary to implement the recommendations in the required report. The report shall immediately be made available to the public. ADMINISTRATIVE

Reports to President and Congress. 20 USC 951 note. Public availability.

PROVISIONS

SEC. 106. In carrying out the provisions of this title, the Council 20 USC 951 note, and the Chairman shall— (1) request the cooperation and assistance of such other Federal departments and agencies as may be appropriate, including Federal advisory bodies having responsibilities in areas affecting the arts; (2) render all reasonable assistance, including financial assistance, to the States in enabling them to organize and conduct conferences on the arts before the Conference; (3) prepare and make available necessary background materials for the use of delegates to the Conference; (4) prepare and distribute such interim reports of the Conference as may be appropriate; and (5) appoint such individuals as may be necessary without Appointments, regard to the provisions of title 5, United States Code, governing appointments in the competitive civil service, and without regard to chapter 51 and subchapter III of chapter 53 of such title relat- 5 USC 5101, ing to classification and General Schedule pay rates, but at rates 5331. of pay not to exceed the rate prescribed for GS-18 in section 5332 of such title. GRANTS

SEC. 107. From any sums appropriated under section 108, the Chair- 20 USC 951 note, man, with the approval of the Council, may make a grant to each State, upon application by the State arts agency of the State, in order

�


text:
Page:Hockey, Canada's Royal Winter Game.djvu/7

 II. INTRODUCTION. ☘

ITH the natural modesty becoming to a player who is still in the game, the author feels that he should assure his friends that, in his present undertaking, he has been prompted more by the demand—in fact, the necessity of a book on hockey—than by any impression of confidence in his ability to do justice to the subject.

That a book on our national winter sport has not yet appeared in Canada is a marvel. If hockey were a novelty to us, then we might not reproach ourselves for our tardiness in this respect, but it is our most popular winter game, long established, thoroughly appreciated, and it certainly deserves a place with the other athletic pastimes that boast of a hand-book.

To realize the necessity of a book that explains rules and the intricacies of the play of our glorious sport, one has but to travel to some town where the game is just developing from its infancy, where the players are scarcely able to appreciate its scientific points, and he will readily perceive that it is a long-felt want. Situated at a distance from the hockey centres,


text:
Page:United States Statutes at Large Volume 92 Part 1.djvu/278

 92 STAT. 224

PUBLIC LAW 95-272--MAY 3, 1978 to assist in defraying the costs of the State in participating in the Conference program, including the conduct of at least one conference within the State: Provided, That broad and maximum public participation is assured by such State arts agency which would include, but not be limited to, artists, knowledgeable citizens and other interested persons, representatives of State and local government, labor, agriculture, business and industry, educators (including art educators), and experts in all fields of the arts. AUTHORIZATION OF APPROPRIATIONS

20 USC 951 note.

SEC. 108. There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this title. DEFINITIONS

20 USC 951 note.

1979 White House G>nference on the Humanities Act. 20 USC 951 note.

SEC. 109. For purposes of this title— (1) the term "Chairman" means the Chairman of the National Conference Planning Council on the Arts; (2) the term "Conference" means the White House Conference on the Arts; (3) the term "Council" means the National Conference Planning Council on the Arts; (4) the term "State" means the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, the Trust Territory of the Pacific Islands, the Northern Marianas, and any other territory or possession of the United States; and (5) the term "arts" includes, but is not limited to, music (instrumental and vocal), dance, drama, theater, folk, art, creative writing, architecture and allied fields, painting, sculpture, photography, graphic and craft arts, industrial design, costume and fashion design, motion pictures, television, radio, tape, and sound recording, and the arts related to the presentation, performance, execution, and exhibition of such major art forms. TITLE II — W H I T E HOUSE CONFERENCE ON THE HUMANITIES SHORT TITLE

SEC. 201. This title may be cited as the "1979 White House Conference on the Humanities Act". FINDINGS

20 USC 951 note.

SEC. 202. The Congress hereby finds and declares— (1) that the development and encouragement of national strength in the humanities is of the utmost importance to the life and heritage of the United States; (2) that concern for the vitality of democratic institutions, the character of national policies, and the application of our national heritage to the needs of the present and future requires full commitment to, planning for, and reflection on the role of the humanities in national life; (3) that the humanities make an increasingly significant contribution to public and private decisions having major social and economic impact;

�


text:
Page:United States Statutes at Large Volume 92 Part 1.djvu/279

 PUBLIC LAW 95-272—MAY 3, 1978

92 STAT. 225

(4) that the relationship of the humanities to the health and pluralism of the Nation's culture and system of education is of fundamental importance; (5) that it is appropriate to encourage the maximum and broadest participation by the Nation's citizenry, including knowledgeable citizens and other interested persons, State and local government, institutions and organizations in the humanities, representatives of labor, agriculture, business and industry, educators, scholars, and other participants in all fields of the humanities in the process of insuring needed support among all parties concerned at Federal, State, and local levels; (6) that in order to implement these findings, it is desirable to call a White House Conference on the Humanities. W H I T E HOUSE CONFERENCE ON THE

HUMANITIES

SEC. 203. (a) The President shall call a White House Conference on the Humanities to be held no later than December 31, 1979. The purpose of the Conference shall be to help develop a climate in which the humanities can flourish, to formulate an assessment of problems and issues relating to the humanities, and to develop recommendations relating to strengthening the humanities in all parts of the Nation. (b) The Conference shall be planned and conducted under the direction of a Presidentially appointed National Planning Council on the Humanities headed by a Chairman (appointed by the President) from among the members of the Council. Each department and agency of the Federal Government shall provide such cooperation and assistance to the Council, including the assignment of personnel, as may reasonably be required by the Council. NATIONAL P L A N N I N G COUNCIL ON THE

20 USC 951 note.

HUMANITIES

SEC 204. (a) There is hereby established a National Planning Coun- Establishment. cil on the Humanities. The Council shall be composed of 15 members 20 USC 951 note. appointed by the President. The Council shall provide guidance and planning for the Conference. (b)(1) Any member of the Council who is otherwise employed by the Federal Government shall serve without compensation in addition to compensation received in his regular employment. (2) Members of the Council, other than any member referred to in eompensation. paragraph (1), shall receive pay at rates not to exceed the daily rate in effect for GS-18 in section 5332 of title 5, United States Code, for each day they are engaged in the performance of their duties (including time engaged in travel). While so serving away from their homes Travel expenses or regular places of business, such members shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as authorized in section 5703 of title 5, United States Code, for persons in Government service employed intermittently. (c) The Council shall cease to exist 180 days, unless extended by the Tennination. President, but in no event a period not to exceed one year, after the submission of the report required in section 205. REPORT

S E C 205. A report of the Conference shall be submitted by the Council to the President and to the Congress no later than 180 days following the date on which the Conference is called and shall include recommendations for any legislative action necessary to implement the recommendations in the required report. The report shall immediately be made available to the public.

Reports to President and 20 USC 951 note. Public availability.

�


text:
Page:United States Statutes at Large Volume 92 Part 1.djvu/280

 92 STAT. 226

PUBLIC LAW 95-272—MAY 3, 1978 ADMINISTRATIVE PROVISIONS

20 USC 951 note.

5 USC 5101, 5331.

SEC. 206. I n carrying out the provisions of this title, the Council and the Chairman shall— (1) request the cooperation and assistance of suoh other Federal departments and agencies as may be appropriate, including Federal advisory bodies having responsibilities in areas affecting the humanities; (2) render all reasonable assistance, including financial assistance, to the States in enabling them to organize and conduct conferences on the humanities before the Conference; (3) prepare and make available necessary background materials for the use of delegates to the Conference; (4) prepare and distribute such interim reports of the Conference as may be a p p r o p r i a t e; and (5) appoint such individuals as may be necessary without regard to the provisions of title 5, United States Code, governing appointments in the competitive civil service, and without regard to chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, but at rates of pay not to exceed the rate prescribed for GS-18 in section 5332 of such title. GRANTS

20 USC 951 note.

SEC. 207. (a) From any sums appropriated under section 208, the Chairman with the approval of Council, may make a g r a n t to each State, upon application by the State humanities entity of the State, in order to assist in defraying the costs of the State in participating in the Conference program, including the conduct of at least one conference within the State: Provided, That the broadest and maximum public participation is assured by such State humanities entity which would include, but would not be limited to, knowledgeable citizens and other interested persons, State and local government, institutions and organizations in the humanities, representatives of labor, agriculture, business and industry, educators, scholars, and other participants in all fields of the humanities. AUTHORIZATION OF APPROPRIATIONS

20 USC 951 note.

SEC. 208. There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this title. DEFINITIONS

20 USC 951 note.

.."

SEC. 209. For purposes of this title— (1) the term " C h a i r m a n " means the Chairman of the National P l a n n i n g Council on the Human i t i e s; (2) the term "Conference" means the W h i t e House Conference on the Human i t i e s; (3) the term "Council" means the National P l a n n i n g Council on the Human i t i e s; (4) the term " State " means the several States, the District of Columbia, the Commonwealth of P u e r to Rico, G u a m, the Virgin Islands, the T r u s t Territory of the Pacific Islands, the Northern Marianas, and any other territory or possession of the United States; and

�


text:
Page:United States Statutes at Large Volume 92 Part 1.djvu/281

 PUBLIC LAW 95-272—MAY 3, 1978 (5) the term "humanities" includes, but is not limited to, the study of the following: language, both modern and classical; linguistics; literature; history; jurisprudence; philosophy; archeology; comparative religion; ethics; the history, criticism, theory, and practice of the arts; those aspects of the Social sciences which have humanistic content and employ humanistic methods; and the study and application of the humanities to the human environment with particular attention to the relevance of the humanities to the current conditions of national life. TITLE III—GENERAL PROVISIONS W H I T E HOUSE CONFERENCE ON EDUCATION

SEC. 301. (a) Section 804 of the Education Amendments of 1974 (20 U.S.C. 1221-1 note) is amended by striking out "1977" each place it appears therein and inserting in lieu thereof "1980". (b) Section 804(e) of the Education Amendments of 1974 (20 U.S.C. 1221-1 note) is amended by striking out "June 30, 1978" and inserting in lieu thereof "September 30, 1981". Approved May 3, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-887 (Comm. on Education and Labor). SENATE REPORT No. 95-736 (Comm. on Human Resources). CONGRESSIONAL RECORD, Vol. 124 (1978): Feb. 21, considered and passed House. Apr. 18, considered and passed Senate. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 14, No. 18: May 3, Presidential statement.

92 STAT. 227

�


text:
Page:United States Statutes at Large Volume 92 Part 1.djvu/282

 92 STAT. 228

PUBLIC LAW 95-273—MAY 8, 1978

Public Law 95-273 95th Congress An Act May 8, 1978 [S. 1617]

National Ocean Pollution Research and Development and

Monitoring ^Q^^°^ ^^ °^ ^^ lisr 1701 jj^jg 33 USC 1701.

33 USC 1702.

IJIQ establish a program of ocean pollution research, development, and monitoring, 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 }QQ cited as the "National Ocean Pollution Eesearch and Development ^^^ Monitoring Planning Act of 1978". °

°

SEC. 2. FINDINGS AND PURPOSES. (^^ FINDINGS.—The Congress finds and declares the following: ^^^ Man's activities in the marine environment can have a profound short-term and long-term impact on such environment and greatly aifect ocean and coastal resources therein. (2) There is a need to establish a comprehensive Federal plan for ocean pollution research and development and monitoring, with particular attention being given to the inputs, fates, and effects of pollutants in the marine environment. (3) Man will increasingly be forced to rely on ocean and coastal resources as other resources are depleted. Our ability to protect, preserve, develop, and utilize these ocean and coastal resources is directly related to our understanding of the effects which ocean pollution has upon such resources. (4) Numerous departments, agencies, and instrumentalities of the Federal Government sponsor, support, or fund activities relating to ocean pollution research and development and monitoring. However, such activities are often uncoordinated and can result in unnecessary duplication. (5) Better planning and more effective use of available funds, personnel, vessels, facilities, and equipment is the key to effective Federal action regarding ocean pollution research and development and monitoring, (b) PURPOSES.—It is therefore the purpose of the Congress in this Act— (1) to establish a comprehensive 5-year plan for Federal ocean pollution research and development and monitoring pix)grams in order to provide planning for, coordination of, and dissemination of information with respect to such programs within the Federal Government; (2) to develop the necessary base of information to support, and to provide for, the rational, efficient, and equitable utilization, conservation, and development of ocean and coastal resources; and (3) to designate the National Oceanic and Atmospheric Administration as the lead Federal agency for preparing the plan referred to in paragraph (1) and to require the Administration to carry out a comprehensive program of ocean pollution research and development and monitoring under the plan. SEC. 3. DEFINITIONS. As used in this Act, unless the context otherwise requires— (1) The term "Administration" means the National Oceanic and Atmospheric Administration.

�


text:
Page:United States Statutes at Large Volume 92 Part 1.djvu/283

 PUBLIC LAW 95-273—MAY 8, 1978

92 STAT. 2 2 9

(2) The term " A d m i n i s t r a to r " means the Administrator of the Administration. (3) The term "Director" means the Director of the Office of Science and Technology Policy i n the Executive Office of the President. (4) The term "marine environment" means the coastal zone ( a s defined i n section 304(1) of the Coastal Zone Management Act of 1972 (16 U.S.C. 1 4 5 3 (1))); the seabed, subsoil, and waters of the territorial sea of the United States; the waters of any zone over which the United States asserts exclusive fishery management authority; the waters of the high seas; and the seabed and subsoil of and beyond the Outer Continental Shelf. (5) The term "ocean and coastal resource" has the same meaning as is given such term in section 203(7) of the National Sea G r a n t Program Act (33 U.S.C. 1 1 2 2 (7)). (6) The term "ocean pollution" means any short-term or longterm change in the marine environment. SEC. 4. C O M P R E H E N S IV E FEDERAL P L A N R E L A T I N G TO 33 USC 1703. OCEAN POLLUTION. (a) LEAD AGENCY FOR P L A N. — The A d m i n i s t r a to r, in consultation

Responsibility.

with the Director and other appropriate Federal officials having authority over ocean pollution research and development and monitoring programs, shall prepare, in accordance with this section, a comprehensive 5-year plan (hereinafter in this Act referred to as the " P l a n ") for the overall Federal effort i n ocean pollution research and development and monitoring. The P l a n shall be prepared and submitted to Submittal to Congress and the President on or before February 15, 1979, and a President and revision of the P l a n shall be prepared and so submitted by February 15 Congress, of each odd-numbered year occurring after 1979. (b) CONTENT o r P L A N. — The P l a n shall contain, b u t need not be limited to, the following elements: (1) ASSESSMENT AND ORDERING OF NATIONAL NEEDS AND PROB-

National

LEMS.—The P l a n shall— priorities. (A) identify those national needs and problems, which relate to specific aspects of ocean pollution (including, b u t not limited to, the effects of ocean pollution on the economic, social, and environmental values of ocean and coastal resources), which exist and will arise during the P l a n period; (B) establish the priority, based upon the value and cost of information which can be obtained from specific ocean pollution research and development and monitoring programs and projects, in which such needs should be met, and such problems should be solved, during the P l a n period; and (C) contain, if pursuant to the preparation of any revision of the P l a n required under subsection (a) it is determined that any national need or problem or priority set forth in the preceding version of the P l a n should be changed, a detailed explanation of the reasons for the change. (2) EXISTING FEDERAL CAPABILITY.—The P l a n shall contain— Existing Federal (A) a detailed listing of all existing Federal programs capability. relating to ocean pollution research and development and monitoring (including, but not limited to, general research on marine ecosystems), which listing shall include, with respect to each such program— (i) a catalogue of the Federal personnel, facilities, vessels and other equipment currently assigned to, or used for, the program, and

�


text:
Page:United States Statutes at Large Volume 92 Part 1.djvu/284

 92 STAT. 230

Budget review.

'Plan Period.'

33 USC 1704. Establishment.

PUBLIC LAW 95-273—MAY 8, 1978 (ii) a detailed description of the existing goals and costs of the program, including, but not limited to, a categorical breakdown of the funds currently being expended, and planned to be expended, to conduct the program; and (B) an analysis of the extent to which each such program, if continued on the basis and at the funding level described pursuant to subparagraph (A) (ii), will assist in meeting the priorities set forth pursuant to paragraph (1)(B) during the Plan period. (3) POLICY RECOMMENDATIONS.—If it is determined, as a result of the analysis required to be made under paragraph (2)(B), that the priorities set forth pursuant to paragraph (1)(B) will not be adequately met during the Plan period using the existing Federal capability described pursuant to paragraph (2)(A), the Plan shall contain those recommendations for changes in the overall Federal effort in ocean pollution research and development and monitoring which would ensure that those priorities are adequately met during the Plan period. Such recommendations may include, but need not be limited to— (A) changes in the goals to be achieved under various existing Federal ocean pollution research and development and monitoring programs; (B) suggested increases and decreases in the funding for any such existing program consistent with the extent to which such program contributes to the meeting of such priorities; (C) specific proposals for interagencv cooperation in cases in which the pooling of the resources of two or more Federal departments, agencies, or instrumentalities under existing programs could further efforts to meet such priorities or would eliminate duplication of effort; and (D) suggested legislation to establish new Federal programs considered to be necessary if such priorities are to be met. (4) BUDGET REVIEW.—The Plan shall contain a description of actions taken by the Administrator and the Director to coordinate the budget review process for the purpose of ensuring interagency coordination and cooperation in (A) the carrying out of Federal ocean pollution research and development and monitoring programs; and (B) eliminating unnecessary duplication of effort among such programs. (c) For purposes of this section, the term "Plan period" means— (1) with respect to the Plan as required to be submitted on February 15, 1979, the period of 5 fiscal years beginning on October 1, 1978; and (2) with respect to each revision of the Plan, the period of 6 fiscal years beginning on October 1 of the year before the year in which the revision is required to be prepared under subsection (a). SEC. 5. COMPREHENSIVE OCEAN POLLUTION PROGRAM IN THE ADMINISTRATION. (a) ESTABLISHMENT OF PROGRAM.—The Administrator shall establish within the Administration a comprehensive, coordinated, and effective ocean pollution research and development and monitoring program. The Administrator shall carry out all projects and activities under the program in a manner consistent with the Plan.

�