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 92 STAT. 2516 42 USC 5584. Federal assistance application procedures. Agreements.

Observation and monitoring reports.

42 USC 5585.

42 USC 5906, 5907, 5908. contracts and grants.

PUBLIC LAW 95-590—NOV. 4, 1978

SEC. 5. (a) In carrying out the provisions of section (4), the Secretary is authorized— (1) to establish procedures whereby any public or private entity wishing to install solar photovoltaic components and systems in any new or existing facility may apply for Federal assistance in purchasing and installing, in such facility, photovoltaic components or systems; (2) to select, as soon as he deems it feasible, a number of the applicants under paragraph (1) and enter into agreements with them for the design, purchase, fabrication, testing, installation, and demonstration of photovoltaic components and systems. Such selection shall be based on the need to obtain scientific, technological, and economic information from a variety of such systems under a variety of circumstances and conditions; and (3) to arrange, as part of any agreement entered into under paragraph (2), to provide up to 75 per centum of the purchase and installation costs of photovoltaic components or systems, taking into account relevant considerations involving the relative stage of consumer and industry interest and development at the time of the financial assistance action. Such arrangements shall be contingent upon terms and conditions prescribed by the Secretary, including an express agreement that the entity with whom the agreement is entered into shall, in such manner and form and on such terms and conditions as the Secretary may prescribe, observe and monitor (or permit the Secretary or his agents to observe and monitor) the performance and operation of such system for a period of five years, and that such entity (including any subsequent owner of the property) shall regularly furnish the Secretary with such reports thereon as the agreement may require. (b) The Secretary shall, as he deems appropriate, undertake any projects or activities (including demonstration projects) to further the attainment of the objectives of this section. SEC. 6. (a) The Secretary is authorized to select on the basis of open competitions— (1) a number of readily available photovoltaic components and systems; (2) a number of design concepts for various types of applications which demonstrate adapability to the utilization of photovoltaic components and systems; and (3) a number of designs for applications selected under paragraph (2), so that each design includes specific provisions for the utilization of solar photovoltaic components and systems selected under paragraph (1). (b) The Secretary, in accordance with the applicable provisions of sections 7, 8, and 9 of the Federal Nonnuclear Energy Research and Development Act of 1974 (42 U.S.C. 5901 et seq.) and with such program guidelines as the Secretary may establish, shall— (1) enter into such contracts and grants as may be necessary or appropriate for the development for commercial production and utilization of photovoltaic components and systems, including any further planning and design which may be required to conform with the specifications set forth in any applicable criteria; (2) select, as being compatible with the design concepts chosen under subsection (a)(2) of this section, a reasonable number of photovoltaic components and systems; and

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 PUBLIC LAW 95-590—NOV. 4, 1978 (3) enter into contracts with a number of persons or firms for the procurement of photovoltaic components and systems, including adequate numbers of spare and replacement parts for such systems. (c) The Secretary is authorized to award contracts for the design integration between the application concepts and the photovoltaic systems procured by the Secretary under subsection (b)(3), and for the demonstration of prototype solar photovoltaic systems, and, when appropriate, for the utilization of such systems in existing facilities. Title to and ownership of the facilities so constructed and of photovoltaic systems installed hereunder may be conveyed to purchasers of such facilities under terms and conditions prescribed by the Secretary, including an express agreement that any such purchaser shall, in such manner and form and on such terms and conditions as the Secretary may prescribe, observe and monitor (or permit the Secretary to observe and monitor) the performance and operation of such systems for a period of five years, and that such purchaser (including any subsequent owner) shall regularly furnish the Secretary with such reports thereon as the agreement may require. (d) The Secretary, in consultation with the Administrator of General Services or the Secretary of Defense or both (as may be appropriate) shall enter into arrangements with appropriate Federal agencies concurrently with the conduct of the programs under this section and section 7 of this Act, to carry out such projects and activities (including demonstration projects), with respect to Federal buildings and facilities, as may be appropriate for the demonstration of photovoltaic systems suitable and effective for use in such applications. (e) The Secretary shall, as he deems appropriate, undertake any projects or activities (including demonstration projects) to further the attainment of the objectives of this section.

92 STAT. 2517 Contracts.

Title, conveyance. Observation and monitoring reports.

Federal agencies cooperation, consultation.

TEST PROCEDURES AND PERFORMANCE CRITERIA

SEC. 7. (a) The Secretary shall conduct a testing program for photo- Program. voltaic systems to assist in the development and demonstration of 42 USC 5586. prototype photovoltaic systems, including collectors, controls, power conditioning, and energy storage systems. (b) Data obtained from the testing program under subsection (a) shall be evaluated and used in establishing performance criteria. These performance criteria shall be used in the demonstration program described in sections 4,5, and 6 of this Act. (c) The Secretary shall determine, prescribe, and publish in the Publication in Federal Register, at a time which he determines to be feasible and Federal Register. justified— (1) performance criteria for photovoltaic components and systems to be used in appropriate applications, and procedures whereby manufacturers of photovoltaic components and systems shall have their products tested in order to provide certification that such products conform to the performance criteria established under this paragraph; and (2) revised performance criteria for photovoltaic components and systems to be used in appropriate applications, and procedures whereby manufacturers of photovoltaic components and systems shall have their products tested in order to provide certification that such products conform to the performance criteria established under this paragraph. Such criteria may be annually revised by the Secretary, as he deems appropriate.

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 92 STAT. 2518

PUBLIC LAW 95-590—NOV. 4, 1978 (d) Any photovoltaic component or system procured or installed by the Federal Government or procured or installed with Federal assistance under section (5) or section (6) shall meet appropriate performance criteria prescribed under this section, if such performance criteria have been prescribed. COORDINATION MONITORING, AND LIAISON

42 USC 5587.

SEC. 8. (a) The Secretary, in coordination with such Government agencies as may be appropriate, shall— (1) monitor the performance and operation of photovoltaic systems installed under this Act; (2) collect and evaluate data and information on the performance and operation of photovoltaic systems installed under this Act; and (3) from time to time carry out such studies and investigations and take such other actions, including the submission of special reports to the Congress when appropriate, as may be necessary to assure that the programs for which the Secretary is responsible under this Act effectively carry out the policy of this Act. (b) In the development of the performance criteria and test procedures required under section 7 of this Act, the Secretary shall work closely with the appropriate scientific, technical, and professional societies and industry representatives in order to assure the best possible use of available expertise in this area. (c) The Secretary shall also maintain continuing liaison with related industries and interests, and with the scientific and technical community, during and after the period of the programs carried out under this Act, in order to assure that the projected benefits of such programs are and will continue to be realized. SOLAR PHOTOVOLTAIC ENERGY ADVISORY COMMITTEE

Establishment and duties. 42 USC 5588.

Membership.

SEC. 9. (a) There is hereby established a Solar Photovoltaic Energy Advisory Committee, which shall study and advise the Secretary on— (1) the scope and pace of research and development with respect to solar photovoltaic energy systems; (2) the need for and timing of solar photovoltaic energy systems demonstration projects; (3) the need for change in any research, development, or demonstration program established under this Act; and (4) the economic, technological, and environmental consequences of the use of solar photovoltaic energy systems. (b) The Committee shall be composed of thirteen members, including eleven members appointed by the Secretary from industrial organizations, academic institutions, professional societies or institutions, and other sources as he sees fit, and two members of the public appointed by the President. The Chairman of the Committee shall be elected from among the members thereof. (c) The heads of the departments, agencies, and instrumentalities of the executive branch of the Federal Government shall cooperate with the Committee in carrying out the requirements of this section, and shall furnish to the Committee such information as the Committee deems necessary to carry out this section.

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 PUBLIC LAW 95-590—NOV. 4, 1978

92 STAT. 2519

(d) Section 624 of the Department of Energy Organization Act 42 USC 7234. shall be applicable to the Committee, except as inconsistent with this section. DISSEMINATION" OF INFORMATION AND OTHER ACTIVITIES TO PROMOTE PRACTICAL USE OF SOLAR PHOTOVOLTAIC TECHNOLOGIES

SEC. 10 (a) The Secretary shall take all possible steps to assure that full and complete information with respect to the demonstrations and other activities conducted under this Act is made available to Federal, State, and local authorities, relevant segments of the economy, the scientific and technical community, and the public at large, both during and after the close of the programs under this Act, with the objective of promoting and facilitating to the maximum extent feasible the early and widespread practical use of photovoltaic energy throughout the United States. Any trade secret or other proprietary information shall be exempted from such mandatory disclosure, as otherwise specified in law applicable to research, development and demonstration programs of the Department of Energy, including, but not limited to, section 17 of the Federal Non-Nuclear Energy Research and Development Act of 1974, Public Law 93-577, as amended. (b) The Secretary shall— (1) study the effect of the widespread utilization of photovoltaic systems on the existing electric utility system at varying levels of photovoltaic contribution to the system; (2) study and investigate the effect of utility rate structures, building codes, zoning ordinances, and other laws, codes, ordinances, and practices upon the practical use of photovoltaic systems; (3) determine the extent to which such laws, codes, ordinances, and practices should be changed to permit or facilitate such use and the methods by which any such changes may best be accomplished; and (4) determine the necessity of a program of incentives to accelerate the commercial application of photovoltaic technologies. (c) The Secretary is authorized and directed, within one year of the date of enactment of this Act, to make recommendations to the President and to the Congress for Federal policies relating to barriers to the early and widespread utilization of photovoltaic systems in order to realize the goals set forth in section 2. These recommendations shall include but not be limited to— (1) the potential for integration of electricity derived from photovoltaic energy systems into the existing national grid system, including the potential of photovoltaic-generated electricity to meet the peak-load energy needs of electric utilities, load management and reliability implications of the utilization of photovoltaic electricity by utilities, the implications of utility ownership of photovoltaic components leased to others primarily for decentralized applications, the impacts of utility use of electricity derived from photovoltaic energy systems on utility rate structures, and the potential for reducing or obviating the need for energy storage components for photovoltaic energy systems through utility interface;

42 USC 5589.

42 USC 5916. Studies and investigation.

Policy recommendations to the President and Congress.

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 92 STAT. 2520

Consultation and coordination.

42 USC 5556a.

PUBLIC LAW 95-590—NOV. 4, 1978 (2) the extent of competition between firms currently engaged in the fabrication and installation of photovoltaics components and systems as it affects the character and growth potential of the American photovoltaics industry, and the likelihood that small photovoltaic firms will have reasonable opportunities to compete and participate in the various programs authorized by this Act; (3) the need to identify legal alternatives to ensure access to direct sunlight for photovoltaic energy systems, the appropriate methods of encouraging the adoption of such alternatives, and the implications of widespread utilization of photovoltaic energy systems for land use and urban development; (4) the availability of private capital at reasonable interest rates for individuals, businesses and others desiring to establish commercial enterprises to manufacture, market, install, and/or, maintain photovoltaic components and systems, or purchase and install such systems for private, industrial, agricultural, commercial or other uses; (5) the need for industry-wide warranty and reliability standards for photovoltaic energy components and systems for private sector applications, and, if appropriate, the mechanisms for establishing such standards; and (6) the attainability of the goals specified in subsection 2(b), and any modification of such goals which the Secretary proposes for consideration by Congress, with supporting analyses. (d) In carrying out his functions under this section, the Secretary shall consult with the appropriate government agencies, industry representatives, and members of the scientific and technical community having expertise and interest in this area. The Secretary also shall ensure that any study or report prepared pursuant to this section is fully coordinated with and reflective of any analyses or reports prepared pursuant to the requirements in section 208 of the Department of Energy Act of 1978—Civilian Applications, Public Law 95-238, and in the President's Solar Energy Domestic Policy Review. The Secretary, as appropriate, may merge any continuing or on-going studies under section 208 or the Domestic Policy Review with those required by this section or avoid any unnecessary duplication of effort or funding. The separate report requirements of section 208 and this section, however, shall remain in force. INTERNATIONAL PARTICIPATION AND COOPERATION

Plan, consultation and submittal to cong committees.

42 USC 5590.

SEC. 11. (a) Within one year after the date of the enactment of this Act, the Secretary, in consultation with the Secretary of State, the Administrator of the Agency for International Development, the Director of ACTION, the Director of the Export/Import Bank and other appropriate Federal officials, shall submit to the House Committee on Science and Technology and the Senate Committee on Energy and Natural Resources a plan for demonstrating applications of solar photovoltaic energy systems and facilitating their widespread use in other nations, especially those with agreements for scientific cooperation with the United States. (b) The Secretary is authorized to encourage, to the maximum extent practicable, international participation and cooperation in the

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 PUBLIC LAW 95-590—NOV. 4, 1978

92 STAT. 2521

development and maintenance of programs established under this plan. The Secretary, in consultation and cooperation with the Federal officials specified in subsection (a), shall insure to the maximum extent possible that the plan submitted under subsection (a) and any other international activities under this section are consistent with and reflective of any similar activities or requirements under any other Federal statute, specifically including any of the several programs under other agencies and Departments involving United States international cooperation and assistance in nonnuclear energy technology, and will not duplicate activities under such programs. The plan required in subsection (a) shall specifically identify all such programs and statutes and describe how the activities under this section will be consistent with such programs, will be coordinated with them, and will avoid duplication of activities under such programs. ENCOURAGEMENT AND PROTECTION OF SMALL BUSINESS

SEC. 12. In carrying out his functions under this Act, the Secretary Funds set aside, shall take steps to assure that small-business concerns will have realis- ^2 USC 5591. tic and adequate opportunities to participate in the programs under this Act to the maximum extent practicable, and the Secretary is directed to set aside at least 10 per centum of the funds authorized and appropriated for the participation of small business concerns. PRIORITIES

SEC. 13. The Secretary shall set priorities, as far as possible con- 42 USC 5592, sistent with the intent and operation of this Act, in accordance with the following criteria: (1) The applications utilizing photovoltaic systems which will be part of the research, development, and demonstration program and testing and demonstration programs referred to in sections 4, 5,6, and 7 shall be located in a sufficient number of different geographic areas in the United States to assure a realistic and effective demonstration of the use of photovoltaic systems and of the applications themselves, in both rural and urban locations and under climatic conditions which vary as much as possible. (2) The projected costs of commercial production and maintenance of the photovoltaic systems utilized in the testing and demonstration programs established under this Act should be taken into account. (3) Encouragement should be given in the conduct of programs under this Act to those projects in which funds are appropriated by any State or political subdivision thereof for the purpose of sharing costs with the Federal Government for the purchase and installation of photovoltaic components and systems. SEC. 14. Nothing in this Act shall be construed to negate, dupli- 42 USC 5593, cate, or otherwise affect the provisions of title V (Federal Initiatives), part 4 (Federal Photovoltaic Utilization), National Energy Conservation Policy Act, H.E. 5037, 95th Congress, if and when that Post, p. 3280. Act becomes enacted by the Ninety-fifth Congress, and such part 4 shall be exempted fully from the provisions of this Act and any regulations, guidelines, or criteria pursuant thereto.

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 92 STAT. 2522

PUBLIC LAW 95-590—NOV. 4, 1978 AUTHORIZATION OF APPROPRIATIONS

42 USC 5594.

SEC. 15. There is hereby authorized to be appropriated to the Secretary, for the fiscal year ending September 30, 1979, $125,000,000, inclusive of any funds otherwise authorized for photovoltaic programs, (1) to carry out the functions vested in the Secretary by this Act, (2) to carry out the functions in fiscal year 1979, vested in the Secretary by part 4 of title V of TI.R. 5037, 95th Congress, if enacted by the 95th Congress, and (3) for transfer to such other agencies of the Federal Government as may be required to enable them to carry out their respective functions under this Act. Funds appropriated pursuant to this section shall remain available until expended: Provided, That any contract or agreement entered into pursuant to this Act shall be effective only to such extent or in such amounts as are provided in advance in appropriation Acts. Authorizations of appropriations for fiscal years after fiscal year 1979 shall be contained in the annual authorization for the Department of Energy, except for those funds authorized for fiscal years 1980 and 1981 contained in part 4 of title V of H.R. 5037, Mnety-fifth Congress, if enacted by the Ninety-fifth Congress. Approved November 4, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1285 (Comm. on Science and Technology). SENATE REPORT No. 95-1262, accompanying S. 3392 (Comm. on Energy and Natural r\,6sourc6S) CONGRESSIONAL RECORD, Vol. 124 (1978): June 28, considered and passed House. Oct. 10, considered and passed Senate, amended, in lieu of S. 3392. Oct. 13, House concurred in Senate amendment. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 14, No. 45: Nov. 4, Presidential statement.

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 PUBLIC LAW 95-591—NOV. 4, 1978

92 STAT. 2523

Public Law 95-591 95th Congress An Act To amend title 44 to insure the preservation of and public access to the oflScial records of the President, 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 "Presidential Records Act of 1978". RECORDS MANAGEMENT, PRESERVATION, AND PUBLIC AVAILABILITY

Nov. 4, 1978 [H.R. 13500]

Presidential Records Act of 1978. 44 USC 101, 2201 notes.

SEC. 2. (a) Title 44 of the United States Code is amended by adding immediately after chapter 21 the following new chapter: "Chapter 22.—PRESIDENTIAL RECORDS "Sec.

"2201. "2202. "2203. "2204. "2205. "2206. "2207.

Definitions. Ownership of Presidential records. Management and custody of Presidential records. Restrictions on access to Presidential records. Exceptions to restriction on access. Regulations. Vice-Presidential records.

"§2201. Definitions "As used in this chapter— "(1) The term 'documentary material' means all books, correspondence, memorandums, documents, papers, pamphlets, works of art, models, pictures, photographs, plats, maps, films, and motion pictures, including, but not limited to, audio, audiovisual, or other electronic or mechanical recordations. "(2) The term 'Presidential records' means documentary materials, or any reasonably segregable portion thereof, created or received by the President, his immediate staff, or a unit or individual of the Executive Office of the President whose function is to advise and assist the President, in the course of conducting activities which relate to or have an effect upon the carrying out of the constitutional, statutory, or other official or ceremonial duties of the President. Such term— " (A) includes any documentary materials relating to the political activities of the President or members of his staff, but only if such activities relate to or have a direct effect upon the carrying out of constitutional, statutory, or other official or ceremonial duties of the President; but "(B) does not include any documentary materials that are (i) official records of an agency (as defined in section 552(e) of title 5, United States Code); (ii) personal records; (iii) stocks of publications and stationery; or (iv) extra copies of documents produced only for convenience of reference, when such copies are clearly so identified. "(3) The term 'personal records' means all documentary materials, or any reasonably segregable portion therof, of a purely private or nonpublic character which do not relate to or have an effect upon the carrying out of the constitutional, statutory.

44 USC 2201.

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 92 STAT. 2524

44 USC 2202.

44 USC 2203.

Disposal, notification to Archivist.

Disposal schedule, submittal to congressional committees.

PUBLIC LAW 95-591—NOV. 4, 1978 or other official or ceremonial duties of the Pi-esident. Such term includes— "(A) diaries, journals, or other personal notes serving as the functional equivalent of a diary or journal which are not prepared or utilized for, or circulated or communicated in the course of, transacting Government business; "(B) materials relating to private political associations, and having no relation to or direct effect upon the carrying out of constitutional, statutory, or other official or ceremonial duties of the President; and "(C) materials relating exclusively to the President's own election to the office of the Presidency; and materials directly relating to the election of a particular individual or individuals to Federal, State, or local office, which have no relation to or direct effect upon the carrying out of constitutional, statutory, or other official or ceremonial duties of the President. "(4) The term 'Archivist' means the Archivist of the United States. "(5) The term 'former President', when used with respect to Presidential records, means the former President during whose term or terms of office such Presidential records were created. "§2202. Ownership of Presidential records "The United States shall reserve and retain complete ownership, possession, and control of Presidential records; and such records shall be administered in accordance with the provisions of this chapter. "§2203. Management and custody of Presidential records "(a) Through the implementation of records management controls and other necessary actions, the President shall take all such steps as may be necessary to assure that the activities, deliberations, decisions, and policies that reflect the performance of his constitutional, statutory, or other official or ceremonial duties are adequately documented and that such records are maintained as Presidential records pursuant to the requirements of this section and other provisions of law. "(b) Documentary materials produced or received by the President, his staff, or units or individuals in the Executive Office of the President the function of which is to advise and assist the President, shall, to the extent practicable, be categorized as Presidential records or personal records upon their creation or receipt and be filed separately. "(c) During his term of office, the President may dispose of those of his Presidential records that no longer have administrative, historical, informational, or evidentiary value if— "(1) the President obtains the views, in writing, of the Archivist concerning the proposed disposal of such Presidential records; and "(2) the Archivist states that he does not intend to take any action under subsection (e) of this section. "(d) In the event the Archivist notifies the President under subsection (c) that he does intend to take action under subsection (e), the President may dispose of such Presidential records if copies of the disposal schedule are submitted to the appropriate Congressional Committees at least 60 calendar days of continuous session of Congress in advance of the proposed disposal date. For the purpose of this section, continuity of session is broken only by an adjournment of Congress

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 PUBLIC LAW 95-591—NOV. 4, 1978 sine die, and the days on which either House is not in session because of an adjournment of more than three days to a day certain are exchided in the computation of the days in which Congress is in continuous session. "(e) The Archivist shall request the advice of the Committee on Rules and Administration and the Committee on Governmental Affairs of the Senate and the Committee on House Administration and the Committee on Government Operations of the House of Representatives with respect to any proposed disposal of Presidential records whenever he considers that— "(1) these particular records may be of special interest to the Congress; or "(2) consultation with the Congress regarding the disposal of these particular records is in the public interest. "(f)(1) Upon the conclusion of a President's term of office, or if a President serves consecutive terms upon the conclusion of the last term, the Archivist of the United States shall assume responsibility for the custody, control, and preservation of, and access to, the Presidential records of that President. The Archivist shall have an affirmative duty to make such records available to the public as rapidly and completely as possible consistent with the provisions of this Act. "(2) The Arcliivist shall deposit all such Presidential records in a Presidential archival depository or another archival facility operated by the United States. The Archivist is authorized to designate, after consultation with the former President, a director at each depository or facility, who shall be responsible for the care and preservation of such records. "(3) The Archivist is authorized to dispose of such Presidential records which he has appraised and determined to have insufficient administrative, historical, informational, or evidentiary value to warrant their continued preservation. Notice of such disposal shall be published in the Federal Register at least 60 days in advance of the proposed disposal date. Publication of such notice shall constitute a final agency action for purposes of review under chapter 7 of title 5, United States Code. "§2204. Restrictions on access to Presidential records "(a) Prior to the conclusion of his term of office or last consecutive term of office, as the case may be, the President shall specify durations, not to exceed 12 years, for which access shall be restricted with respect to information, in a Presidential record, within one or more of the following categories: " (1)(A) specifically authorized under criteria established by an Executive order to be kept secret in the interest of national defense or foreign policy and (B) in fact properly classified pursuant to such Executive order; "(2) relating to appointments to Federal office; "(3) specifically exempted from disclosure by statute (other than sections 552 and 552b of title 5, United States Code), provided that such statute (A) requires that the material be withheld from the public in such a manner as to leave no discretion on the issue, or (B) establishes particular criteria for withholding or refers to particular types of material to be withheld; "(4) trade secrets and commercial or financial information obtained from a person and privileged or confidential; "(5) confidential communications requesting or submitting advice, between the President and his advisers, or between such advisers; or

92 STAT. 2525

Consultation with congressional committees.

Publication in Federal Register.

5 USC 701 et seq. 44 USC 2204.

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 92 STAT. 2526

Determination by Archivist, consultation.

Administrative procedures.

Administration.

PUBLIC LAW 95-591—NOV. 4, 1978 "(6) personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacj^. "(b)(1) Any Presidential record or reasonably segregable portion thereof containing information within a category restricted by the President under subsection (a) shall be so designated by the Archivist and access thereto shall be restricted until the earlier of— " (A)(i) the date on which the former President waives the restriction on disclosure of such record, or "(ii) the expiration of the duration specified under subsection (a) for the category of information on the basis of which access to such record has been restricted; or "(B) upon a determination by the Archivist that such record or reasonably segregable portion thereof, or of any significant element or aspect of the information contained in such record or reasonably segregable portion thereof, has been placed in the public domain through publication by the former President, or his agents. "(2) Any such record which does not contain information within a category restricted by the President under subsection (a), or contains information within such a category for which the duration of restricted access has expired, shall be exempt from the provisions of subsection (c) until the earlier of— "(A) the date which is 5 years after the date on which the Archivist obtains custody of such record pursuant to section 2203(d)(1); or "(B) the date on which the Archivist completes the processing and organization of such records or integral file segment thereof. "(3) During the period of restricted access specified pursuant to subsection (b)(1), the determination whether access to a Presidential record or reasonably segregable portion thereof shall be restricted shall be made by the Archivist, in his discretion, after consultation with the former President, and, during such period, such determinations shall not be subject to judicial review, except as provided in subsection (e) of this section. The Archivist shall establish procedures whereby any person denied access to a Presidential record because such record is restricted pursuant to a determination made under this paragraph, may file an administrative appeal of such determination. Such procedures shall provide for a written determination by the Archivist or his designee, within 30 working days after receipt of such an appeal, setting forth the basis for such determination. "(c)(1) Subject to the limitations on access imposed pursuant to subsections (a) and (b), Presidential records shall be administered in accordance with section 552 of title 5, United States Code, except that paragraph (b)(5) of that section shall not be available for purposes of withholding any Presidential record, and for the purposes of such section such records shall be deemed to be records of the National Archives and Records Service of the General Services Administration. Access to such records shall be granted on nondiscriminatory terms. "(2) Nothing in this Act shall be construed to confirm, limit, or expand any constitutionally-based privilege which may be available to an incumbent or former President. "(d) Upon the death or disability of a President or former President, any discretion or authority the President or former President may have had under this chapter shall be exercised by the Archivist unless otherwise previously provided by the President or former President in a written notice to the Archivist.

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 PUBLIC LAW 95-591—NOV. 4, 1978

92 STAT. 2527

" (e) The United States District Court for the District of Columbia shall have jurisdiction over any action initiated by the former President asserting that a determination made by the Archivist violates the former President's rights or privileges. "§ 2205. Exceptions to restricted access "Notwithstanding any restrictions on access imposed pursuant to section 2204— "(1) the Archivist and persons employed by the National Archives and Records Service of the General Services Administration who are engaged in the performance of normal archival work shall be permitted access to Presidential records in the custody of the Archivist; "(2) subject to any rights, defenses, or privileges which the United States or any agency or person may invoke, Presidential records shall be made available— "(A) pursuant to subpena or other judicial process issued b j a court of competent jurisdiction for the purposes of any civil or criminal investigation or proceeding; "(B) to an incumbent President if such records contain information that is needed for the conduct of current business of his office and that is not otherwise available; and "(C) to either House of Congress, or, to the extent of matter within its jurisdiction, to any committee or subcommittee thereof if such records contain information that is needed for the conduct of its business and that is not otherwise available; and "(3) the Presidential records of a former President shall be available to such former President or his designated representative. "§2206. Regulations "The Archivist shall promulgate in accordance with section 553 of title 5, United States Code, regulations necessary to carry out the provisions of this chapter. Such regulations shall include— "(1) provisions for advance public notice and description of any Presidential records scheduled for disposal pursuant to section 2203(f)(3); "(2) provisions for providing notice to the former President when materials to which access would otherwise be restricted pursuant to section 2204(a) are to be made available in accordance with section 2205(2); " (3) provisions for notice by the Archivist to the former President w'hen the disclosure of particular documents may adversely affect any rights and privileges which the former President may have; and "(4) provisions for establishing procedures for consultation between the Archivist and appropriate Federal agencies regarding rnaterials which may be subject to section 552(b)(7) of title 5, United States Code. «§ 2207. Vice-Presidential records "Vice-Presidential records shall be subject to the provisions of this chapter in the same manner as Presidential records. The duties and responsibilities of the Vice President, with respect to Vice-Presidential records, shall be the same as the duties and responsibilities of the President under this chapter with respect to Presidential records. The authority of the Archivist with respect to Vice-Presidential rec-

Jurisdiction,

44 USC 2205.

44 USC 2206.

44 USC 2207.

Depository agreement.

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 92 STAT. 2528

PUBLIC LAW 95-591—NOV. 4, 1978 ords shall be the same as the authority of the Archivist under this chapter with respect to Presidential records, except that the Archivist may, when the Archivist determines that it is in the public interest, enter into an agreement for the deposit of Vice-Presidential records in a non-Federal archival depository. Nothing in this chapter shall be construed to authorize the establishment of separate archival depositories for such Vice-Presidential records.". (b)(1) The table of chapters for title 44, United States Code, is amended by inserting immediately after the item relating to chapter 21 the following new item: "22. Presidential Records..

,

2201".

(2) Section 2107 of title 44, United States Code, is amended by adding at the end thereof the following new sentence: "This section shall not apply in the case of any Presidential records which are subject to the provisions of chapter 22 of this title.". (3) Section 2108(c) of title 44 is amended by adding at the end thereof the following: "Only the first two sentences of this subsection shall apply to Presidential records as defined in section 2201(2) of this title.". EFFECTIVE DATE

44 USC 2201 iiote.

SEC. • 3. The amendments made by this Act shall be effective with respect to any Presidential records (as defined in section 2201(2) of title 44, as amended by section 2 of this Act) created during a term of office of the President beginning on or after January 20, 1981. SEPARABILITY

44 USC 2201 °°*®-

j§Ec. 4. If any provision of this Act is held invalid for any reason by any court, the validity and legal effect of the remaining provisions shall not be affected thereby. Approved November 4, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1487, pt. I (Comm. on Government Operations). CONGRESSIONAL RECORD, Vol. 124 (1978): Oct. 10, considered and passed House. Oct. 13, considered and passed Senate, amended. Oct. 15, House concurred in Senate amendments. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 14, No. 45: Nov. 6, Presidential statement.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1249

 PUBLIC LAW 95-592—NOV. 4, 1978

92 STAT. 2529

Public Law 95-592 95th Congress An Act To amend the Public Works and Economic Development Act of 1965 to authorize a program of research, development, and demonstration of guayule rubber production and manufacture as an economic development opportunity for the Southwestern States.

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 "Native Latex Commercialization and Economic Development Act of 1978". SEC. 2. (a) Congress recognizes that natural latex rubber is a commodity of vital importance to the economy, the defense, and the general well-being of the Nation. The United States is totally dependent upon foreign sources for its supplies of natural (Hevea) latex, which total about one million tons per year. Synthetic rubber, manufactured from petroleum feedstocks, cannot be substituted for natural rubber. (b) Congress further recognizes that certain plant species of the genus Parthenium (Guayule), native to Texas and the Republic of Mexico, as well as other plants, are known to contain commercial quantities of extractable rubber. During World War II, through research carried out by the Secretary of Agriculture in the Emergency Rubber Project, the United States demonstrated that Parthenium latex is a promising and realistic substitute for Hevea latex. (c) Congress further recognizes that additional research and development are needed, especially into methods for increasing latex yields, before commercialization of native Parthenium latex or other hydrocarbon-containing plants by private industry is feasible. (d) Congress further recognizes that the development of a domestic natural rubber industry, based on Parthenium and other hydrocarboncontaining plants, would not only relieve the Nation's dependence upon foreign latex sources but also convey substantial economic benefits to peoples living in arid and semiarid regions of the United States. Such an industry would comprise the agricultural production of the hydrocarbon-containing plants and the development of commercial processing and manufacturing facilities to extract the latex and other products. (e) Congress further recognizes that ongoing research into the commercialization of native latex has been conducted by the Department of Agriculture and by the Department of Commerce through the regional commissions and that these research efforts should be continued and expanded. (f) It is the policy of the Congress, therefore, to provide for the development and demonstration of economically feasible means of culturing and manufacturing Parthenium and other hydrocarboncontaining plants for the extraction of natural rubber and other products to benefit the Nation and promote economic development. SEC. 3. As used in this Act— (a) The term "State" means each of the fifty States, the District of Columbia, and the Commonwealth of Puerto Rico. (b) The term "Secretaries" means the Secretary of Agriculture and/or the Secretary of Commerce acting each separately or jointly.

Nov. 4, 1978 [S. 1816J

Native Latex Commercialization and Economic Development Act of 1978. 7 USC 178 note. 7 USC 178.

Definitions. 7 USC 178a.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1250

 92 STAT. 2530

42 USC 3181. Joint Commission on Guayule Research and Commercialization, 7 USC 178b.

Functions.

Report to Congress.

PUBLIC LAW 95-592—NOV. 4, 1978 (c) The term "commercialization" means the stage in the development or advancement of a technology at which point private enterprise is willing to invest in a full-scale production facility. (d) The term "native" means-hydrocarbon-containing plants which may be cultured in North America, especially members of the genus Parthenium known as Guayule. (e) "Regional Commissions" means the Regional Action Planning Commissions established pursuant to title V of the Public Works and Economic Development Act of 1965. SEC. 4. (a) There is hereby established a Joint Commission on Guayule Research and Commercialization, hereinafter referred to as the Joint Commission. The function of the Joint Commission shall be to assist the Secretarias in carrying out the purposes of this Act. (b) The Joint Commission shall consist of the following members: Three individuals designated by the Secretary of Agriculture from among the staff of his Department; three individuals designated by the Secretary of Commerce at least two of whom shall be Federal Cochairmen of Regional Commissions engaged in the support of nati"\^o latex research, development, demonstration, or commercialization activities and one of whom shall be selected from among the members of his Department; a representative of the Bureau of Indian Affairs of the Department of the Interior; and a representative of the National Science Foundation. (c) The Joint Commission shall be headed by a Chairman. The Secretary of Agriculture shall designate one of the two members from his Department to serve as Joint Commission Chairman during the first two-year period following the enactment of this Act, and the Secretary of Commerce shall designate one of the two members froni his Department as Joint Commission Chairman during the second two-year period following the enactment of this Act. And the same process of designating Joint Commission Chairmen shall be followed in ensuing years. (d) The Secretaries may delegate to the Joint Commission one or more of their responsibilities under this Act and transfer to the Joint Commission funds appropriated to carry out the purposes of this Act as they deem appropriate to achieve the purposes of this Act, and the Joint Commission is authorized to carry out such functions and expend such funds to achieve the purposes of the Act. (e) The Joint Commission shall— (1) develop a plan establishing goals, timetables, and tasks to be undertaken in carrying out the purposes of this Act; (2) establish broad policy for implementing the plan carrying out the purposes of this Act; (3) establish criteria for evaluating and awarding contracts for research, development, and demonstration projects; and (4) review and advise the Secretaries with respect to grants, contracts, and other project expenditures. (f) The Secretaries are authorized to provide without reimbursement such administrative support services, including the detail of staff personnel not to exceed a total of five persons from each Department, as the Joint Commission may need to carry out its functions. (g) One year after the enactment of this Act, and each year thereafter, the Joint Commission shall provide to the Congress a report on the implementation of the Act. Such report shall (1) recommend specific directions for further research, development, and other work, and (2) recommend funding levels for various elements of the overall project.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1251

 PUBLIC LAW 95-592—NOV. 4, 1978 (h) To the maximum extent possible, the Secretaries and the Joint Commission shall seek the advice of the scientific, engineering and business communities with respect to the activities carried out under this Act. The Secretaries and the Commission shall specifically seek the advice of persons with expertise in appropriate fields of a^icultural research in land grant colleges and other universities, in State agricultural experiment stations, and in other appropriate organizations; and, persons with expertise in rubber manufacturing and commerce in private enterprise and other appropriate organizations. SEC. 5. The Secretary of Agriculture shall conduct, sponsor, promote, and coordinate basic and applied research, technology development, and technology transfer leading to effective and economical methods for large-scale culturing of plantations and the extraction of latex from Parthenium or other hydrocarbon-containing plants. Such research shall include, but not be limited to— (a) carrying out extensive seed collections from wild plants in Texas, Mexico, and other areas and borrowing or purchasing seeds from other sources; (b) developing a stockpile of Parthenium seeds, such stockpile to be appropriately classified and stored at a suitable facility; (c) carrying out breeding and selection programs for the purpose of improving latex yields, expanding insect and disease resistance, and broadening the ranges of drought and cold tolerance of the Parthenium plant; (d) establishing a system of experimental plantings in arid and semiarid regions of the United States having suitable climatic and soil conditions for the culture of Parthenium; (e) carrying out specific studies on the effects of irrigation on plant growth and latex yield and survival potential; (f) developing equipment needed to carry out nursery operations, planting, cultivating, harvesting, transporting the crop, and other necessary agricultural activities; (g) further refining present extraction technologies and future extraction technologies, including technologies which utilize solar energy; and (h) establishing and maintaining a bank of all pertinent research data on native latex including extant United States Government publications and records from the emergency rubber •project. Such data shall be made available to other Federal and State agencies and private persons who are interested or involved in native latex research, development, or manufacture. SEC. 6. The Secretary of Commerce is authorized and directed to initiate and carry out research, technology development, technology transfer, and demonstration projects to test and demonstrate the economic feasibility of the manufacture and commercialization of natural rubber from Parthenium or other hydrocarbon-containing plants. Such research may be carried out through the Eegional Commissions or otherwise and shall include but not be limited to— (a) conducting research and development on extraction and processing techniques; (b) economic analysis of the production of native latex, including usable byproducts; (c) studying the environmental, social, and economic impacts of the commercial development of native latex;

92 STAT. 2531

7 USC 178c.

Data bank, establishment,

7 USC 178d.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1252

 92 STAT. 2532

Cooperative projects with Mexico. 7 USC 178e.

7 USC 178f.

7 USC 178g. Grants.

PUBLIC LAW 95-592—NOV. 4, 1978 (d) evaluating the commercial marketability of Parthenium and rubber derived from other hydrocarbon-containing plants; (e) further refining present extraction and manufacturing technologies and future extraction and manufacturing technologies, including technologies which utilize solar energy; and (f) developing pertinent material and records on manufacturing of natural rubber which shall be available to other Federal and State agencies and private persons who are interested in or involved in natural rubber development, or manufacture. SEC. 7. The Secretaries, in consultation with the Secretary of State, are authorized and encouraged to enter into cooperative projects with the Government of Mexico in order to accomplish appropriate aspects of the research and development provided for in this Act. Such cooperative projects should include, but not be limited to, projects to determine the economic feasibility of latex extraction and processing. SEC. 8. The Secretaries are authorized to accept financial or other assistance from any State or public agency to aid in carrying out the provisions of this Act and to enter into contracts with respect to such assistance and to enter into agreements with any State or public agency for the purpose of demonstrating, transferring, or applying results of research or methods of economic development relating to native latex. SEC. 9. In carrying out the provisions of this Act, the Secretary of Agriculture is authorized to— (a) make grants to States, education institutions, scientific organizations, and Indian tribes as defined in the Indian SelfDetermination and Education Assistance Act (Public Law 93-638, 25 U.S.C. 450), and enter into contracts with such institutions and organizations and with industrial or engineering firms; (b) acquire the services of biologists, agronomists, foresters, geneticists, chemists, engineers, economists, and other personnel by contract or otherwise; (c) utilize the facilities of Federal and State scientific laboratories; (d) establish and operate necessary facilities and plantations to carry out the continuous research, testing, development, and programing necessary to effectuate the purposes of this Act; (e) acquire secret processes, technical data, inventions, patent applications, patents, licenses, land and interest in land (including water rights), facilities, and other property or rights by purchase, license, lease, or donation; (f) assemble and maintain pertinent and current literature and publications, patents and licenses, land and interests in land; (g) cause onsite inspections to be made of promising projects, domestic or foreign, and, in the case of projects located in the United States, cooperate and participate in their development when the Secretary determines that the purpose of this Act will be served thereby; (h) foster and participate in regional, national, and international conferences relating to native latex culture; (i) coordinate, correlate, and publish information with a view to advancing the development of native latex technology; and (j) cooperate with other Federal departments and agencies, with State and local departments, agencies, and instrumentalities, and with interested persons, firms, institutions, and organizations.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1253

 PUBLIC LAW 95-592—NOV. 4, 1978

92 STAT. 2533

SEC. 10. In carrying out the provisions of this section, the Secretary 7 USC 178h. of Commerce, acting through the Regional Commissions or otherwise, is authorized to— (a) make grants to States, education institutions, scientific Grants. organizations, and Indian tribes as defined in the Indian SelfDetermination and Education Assistance Act (Public Law 93-638, 25 U.S.C. 450), and enter into contracts with such institutions and organizations and with industrial or engineering firms; (b) acquire the services of biologists, agronomists, foresters, geneticists, engineers, economists, and other personnel by contract or otherwise; (c) utilize the facilities of Federal and State institutions and other scientific laboratories; (d) establish and operate necessary facilities and pilot plants to carry out the continuous research, testing, development, and programing necessary to effectuate the purposes of this section; (e) acquire secret processes, technical data, invention, patent applications, patents, licenses, land and interests in land (including water rights), plants and facilities, and other property or rights by purchase, license, lease, or donation; and (f) foster and participate in regional, national, and international conferences relating to natural rubber manufacture. SEC. 11. In carrying out the provisions of this Act, the Secretaries 7 USC 178i. and the Joint Commission shall insure that their activities are closely coordinated with the activities of other Federal agencies such as the Department of the Interior, National Science Foundation, Bureau of Indian Affairs, Department of Energy, Department of Defense, Treasury Department, Federal Preparedness Agency, and others in order to prevent duplication of effort, insure compatibility with ongoing programs and policies, and to fully exploit the opportunities inherent in the culture and manufacture of native latex. SEC. 12. Relative to the definitions of, title to, and licensing of inven- eoordination of tions made or conceived in the course of or under any contract or grant activities with pursuant to this Act, and notwithstanding any other provisions of law, Federal agencies. the provisions of sections 9 and 10 of the Federal Nonnuclear Energy 7 USC 178j. Research and Development Act of 1974 (42 U.S.C. 5908-9) shall govern. SEC. 13, The Secretary of Agriculture and the Secretary of Com- 7 USC 178k. merce may dispose of any latex, resin, wax, pulp, and any other byproducts resulting from operations under this Act. All moneys received from dispositions under this section shall be paid into the Treasury as miscellaneous receipts. SEC. 14. The Secretary of Agriculture and the Secretary of Com- Rules and merce may issue rules and regulations necessary to effectuate the pur- regulations. 7 USC 178Z. poses of this Act. SEC. 15. The Secretary of Agriculture and the Secretary of Com- Report to merce shall submit to the President and the Congress, no later than President and December 31, 1980, and each year thereafter through 1982, a report on Congress. the status of the research, development, and other work underway 7 USC 178m. under this Act. Such report shall (1) recommend specific directions for further research, development and other work, and (2) recommend funding levels for various elements of the overall project.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1254

 92 STAT. 2534 Appropriation a"*i>;;iftion. 7 USC 17811.

PUBLIC LAW 95-592—NOV. 4, 1978

SEC. 16. (a) There is authorized to be appropriated to the Secretary of Agriculture $2,500,000 for each of the fiscal years ending Septem^^j. 3Q^ -QgQ^ ^^^ September 30, 1981, and $5,000,000 for each of the fiscal years ending September 30, 1982, and September 30, 1983, to carry out the purposes of this Act. Funds appropriated under this paragraph shall be available for obligation until the last day of the fiscal year after the year for which such funds are authorized. (b) There is authorized to be appropriated to the Secretary of Commerce $2,500,000 for each of the fiscal years ending September 30, 1980, and September 30, 1981, and $5,OOO,O0^O for each of the fiscal years ending September 30, 1982, and September 30, 1983, to carry out the purposes of this Act. Funds appropriated under this paragraph shall be available for obligation until the last day of the fiscal year after the year for which such funds are authorized. (c) No more than 3 per centum of funds authorized under subsections (a) and (b) shall be available for administration and management of the program. (d) Notwithstanding any other provision of this Act the authority to enter into contracts shall be effective for any fiscal year only to such extent or in such amounts as are provided in appropriations Acts. SEC. 17. Section 320 of the Agricultural Adjustment Act of 1938 as added by the Act of September 3, 1974 (88 Stat. 1089; 7 U.S.C. 1314f) is amended by adding a new sentence at the end thereof as follows: "Notwithstanding any other provision of law, no marketing quota penalties shall be assessed as a result of the marketing of 1976 crop Maryland tobacco (Type 32) which was determined through the application of the Federal Standards of Inspection and Identification of quota types to be Burley tobacco (Type 31) under the provisions of this section.". Approved November 4, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1512, Pts. I and II, accompanying H.R. 12559 (Comm. on Science and Technology and Comm. on Agriculture). SENATE REPORT No. 95-829 (Comm. on Environment and Public Works). CONGRESSIONAL RECORD, Vol. 124 (1978): May 26, considered and passed Senate. Sept. 19, H.R. 12559 considered and passed House; passage vacated and S. 1816, amended, passed in lieu. Oct. 7, Senate concurred in House amendment with an amendment. Oct. 14, House concurred in Senate amendment with an amendment. Oct. 15, Senate concurred in House amendment.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1255

 PUBLIC LAW 95-593—NOV. 4, 1978

92 STAT. 2535

Public Law 95-593 95th Congress An Act To improve the administration and operation of the Overseas Citizens "Voting Rights Act of 1975, and for other purposes.

Nov. 4, 1978 [S. 703]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 2 of Overseas Citizens the Overseas Citizens Voting Eights Act of 1975 (42 U.S.C. 1973dd) Voting Rights Act of 1975, is amended— amendment. (1) by striking out "and" at the end of paragraph (2); (2) by striking out the period at the end of paragraph (3) and inserting in lieu thereof a semicolon and "and"; and (3) by adding at the end thereof the following new paragraph: "(4) 'official postcard' means a postcard application for registration to vote and for an absentee ballot in the form provided in section 204(d) of the Federal Voting Assistance Act of 1955 (42 U.S.C.1973cc-14(d)).". SEC. 2. Section 3 of the Overseas Citizens Voting Rights Act of 1975 (42 U.S.C. 1973dd-l) is amended by inserting before the period the following: "or, in lieu thereof, an alternative form of identification consistent with this Act and applicable State or district requirements, if a citizen does not possess a valid passport or card of identity and registration". SEC. 3. Section 4 of the Overseas Citizens Voting Rights Act of 1975 (42 U.S.C. 1973dd-2) is amended by adding at the end thereof the following new subsection: "(c) In carrying out the provisions of this section, it is recommended that each State— "(1) accept any official postcard which is duly executed by any person who meets the requirements in section 3 of this Act as a simultaneous application for registration under such State's election laws and for an absentee ballot under such State's absentee balloting laws; "(2) if a special application is required for registration by mail, provide that the necessary forms will be sent with the absentee ballot and may be returned with it; "(3) authorize and instruct the State or local election officials, upon receipt of any official postcard application or any other application for registration to vote or an absentee ballot, to mail immediately to the applicant a ballot, instructions for voting and returning the ballot, and a self-addressed envelope; and "(4) provide that there be printed across the face of each envelope the words 'Official Election Balloting Material—Via Air Mail', or similar language.". SEC. 4. The Overseas Citizens Voting Rights Act of 1975 (42 U.S.C. 1973dd et seq.) is amended— (1) by redesignating sections 5, 6, 7, and 8 as sections 7, 8, 9, 42 USC 1973dd-3and 10, respectively; and 1973dd-5, (2) by inserting after section 4 the following new sections: 1973dd note.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1256

 92 STAT. 2536

PUBLIC LAW 95-593—NOV. 4, 1978 " C U R R E N T ABSENTEE VOTING INFORMATION

42 USC 1973dd-2a.

"SEC. 5. (a) The Presidential designee under section 201 of the Federal Voting Assistance Act of 1955 (42 U.S.C. 1973cc-ll) (hereinafter in this Act referred to as the 'Presidential designee') shall request, when appropriate, each State to furnish him with information on the current absentee registration and voting procedures of each State pertaining to citizens entitled to vote in Federal elections under this Act. Such information shall include election dates, officers to be elected, any provisions under such State's law requiring the removal of the name of any person from such State's voter registration roll (for whatever reason), and information related to the number of absentee voters in such State who are entitled to vote in Federal elections under this Act. "Where consistent with their respective duties, appropriate departments or agencies of the Federal Government shall assist and cooperate with the Presidential designee, both in the collection of such information and in its dissemination to persons who meet the requirements in section 3 of this Act. "(b) The Secretary of State shall publicize, in the manner best designed to reach the persons meeting the requirements in section 3 of this Act — "(1) the right of such persons to vote in Federal elections and the procedures available to such persons to enforce that right, as provided in this Act; and " (2) with the assistance of the Postmaster General, the availability of expedited mail delivery of balloting material under this Act. The Presidential designee shall notify all appropriate State and local election officials of such availability under this Act and under the Federal Voting Assistance Act of 1955 (42 U.S.C. 1973cc et seq.). " P R I N T I N G A N D T R A N S M I T T I N G O F POSTCARDS; FREE POSTAGE; PUBLICITY

42 USC 1973dd-2b.

"SEC. 6. (a) The Administrator of General Services shall cause to be printed and distributed to the Department of Justice, the Department of State, and any other appropriate department or agency of the Federal Government official postcards for use in accordance with the provisions of this Act as directed by the Presidential designee. Such departments or agencies shall deliver or make available such postcards to persons meeting the requirements in section 3 of this Act not later than August 15 immediately before any general Federal election for use in such election. To the extent practicable, such postcards shall also be made available at appropriate times to such persons for use in special or primary Federal elections. "(b)(1) The Postmaster General, the Attorney General, the Secretary of State, and the head of any other appropriate department or agency of the Federal Government shall facilitate the transmission of balloting material, including official postcards, absentee ballots, voting instructions, and envelopes for the return of such ballots, to and from persons meeting the requirements in section 3 of this Act. "(2) Any balloting material sent from the United States to any person meeting the requirements in section 3 of this Act shall be sent

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1257

 PUBLIC LAW 95-593—NOV. 4, 1978

92 STAT. 2537

by priority airmail or by the most expedited postal service available. " (3) Any balloting material sent to the United States by any person meeting the requirements in section 3 of this Act shall be returned by priority airmail or by the most expedited service available, wherever practicable. Such material may be mailed from any Armed Forces post office in an overseas area established as provided in section 406 of title 39, United States Code, unless otherwise prohibited by any treaty or other agreement between the United States and a foreign country. In the case of ballots executed outside the United States by any person, such ballots may be segregated from other forms of mail and placed in special bags marked with special tags printed and distributed by the Postmaster General for this purpose, "(c) Official postcards, ballots, voting instructions, and envelopes, whether transmitted individually or in bulk, shall be free of postage, including airmail postage, when sent from the United States in the United States mails.". SEC. 5. Section 9 of the Overseas Citizens Voting Rights Act of 1975 (42 U.S.C. 1973dd-5), as so redesignated in section 4(1), is amended— (1) by inserting " (a) " before "Nothing"; and (2) by adding at the end thereof the following new subsection: "(b) The exercise of any right to register or vote in Federal elections by any citizen outside the United States shall not affect the determination of his place of residence or domicile for purposes of any tax imposed under Federal, State, or local law.". SEC. 6. The Overseas Citizens Voting Eights Act of 1975 (42 U.S.C. 1973dd et seq.), as amended in section 4, is further amended by adding at the end thereof the following new section: "AUTHORIZATION OF APPROPRIATIONS

"SEC. 11. There are hereby authorized to be appropriated such 42 USC sums as may be necessary to carry out the purposes of this Act.". 1973dd-6. SEC. 7. Section 101 of the Federal Voting Assistance Act of 1955 (42 U.S.C. 1973cc) is amended— (1) by inserting " (a) " before "The"; and (2) by adding at the end thereof the following new subsection: "(b) Each State shall enable every citizen in the following categories who is absent from the place of his voting residence to register absentee and to vote by absentee ballot in any Federal election, as defined in section 2(1) of the Overseas Citizens Voting Rights Act of 1975 (42 U.S.C. 1973dd(l)), held in his election district or precinct if he is otherwise eligijale to vote in that election: "(1) Members of the Armed Forces while in the active service, and their sponges and dependents. "(2) Members of the Merchant Marine of the United States, and their spouses and dependents. The rights granted in this section shall be supplemental to the voting rights presently enjoyed by these citizens under other Federal and State laws.". SEC. 8. Section 202 of the Federal Voting Assistance Act of 1955 (42 U.S.C. 1973cc-12) is amended by inserting after "voting procedures," the following: "any provision under such State's law requir-

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1258

 92 STAT. 2538

PUBLIC LAW 95-593—NOV. 4, 1978 ing the removal of the name of any person from such State's registration roll (for whatever reason), information related to the number of absentee voters in a State who are entitled to vote in Federal elections under this Act,". SEC. 9. Section 203 of the Federal Voting Assistance Act of 1955 (42 U.S.C. 1973CC-13) is amended— (1) in paragraph (1), by striking out "Council of State Governments" and inserting in lieu thereof "government of the several States"; and (2) by striking out paragraph (3) and inserting in lieu thereof, the following new paragraph: "(3) the Postmaster General and the heads of the departments and a^ncies concerned to facilitate the transmission of balloting materials to and from persons to whom this Act is applicable. Any balloting material sent from the United States to such persons shall be sent by priority airmail or by the most expedited postal service available. Any balloting material sent to the United States by such persons shall be returned by priority airmail or by the most expedited service available, wherever practicable. In the case of ballots executed outside the United States by any such person, such ballots may be segregated from other forms of mail and placed in special bags marked with special tags printed and distributed for this purpose.". SEC. 10. Section 204 of the Federal Voting Assistance Act of 1955 (42 U.S.C. 1973cc-14) is amended by adding at the end thereof the following new subsection: "(d) Notwithstanding the provisions of subsections (a), (b), and (c), the Presidential designee shall design, for purposes of carrying out the provisions of this Act and the Overseas Citizens Voting Rights Act of 1975, a single form of postcard application for registration to vote and for an absentee ballot. The Presidential designee is empowered to promulgate such form by regulation and upon adoption of such form, subsections (a), (b), and (c) of this section shall have no effect.". SEC. 11. (a) Section 2401(c) of title 39, United States Code, is amended— (1) by inserting after "title" a comma and the following: "the Overseas Citizens Voting Rights Act of 1975,"; and (2) by striking out "Act" before the period and inserting in lieu thereof "Acts". (b) Section 3627 of title 39, United States Code, is amended by striking out "or under the Federal Voting Assistance Act of 1955" and inserting in lieu thereof "under the Federal Voting Assistance Act of 1955, or under the Overseas Citizens Voting Rights Act of 1975". / ^ (c) Section 3626 of title 39, United States Code, is amended by adding at the end thereof the following new subsection: "(e)(1) In the administration of this section, the rates for thirdclass mail matter mailed by a qualified political committee shall be the rates currently in effect under former section 4452 of this title for third-class mail matter mailed by a qualified nonprofit organization.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1259

 PUBLIC LAW 95-593—NOV. 4, 1978

92 STAT. 2539

" (2) For purposes of this subsection— Definitions. "(A) the term 'qualified political committee' means a national or State committee of a political party, the Republican and Democratic Senatorial Campaign Committees, the Democratic National Congressional Committee, and the National Republican Conj^essional Committee; " (B) the term 'national committee' means the organization which, by virtue of the bylaws of a political party, is responsible for the day-to-day operation of such pohtical party at the national level; and "(C) the term 'State committee' means the organization which, by virtue of the bylaws of a political party, is responsible for the day-to-day operation of such political party at the State level.". Approved November 4, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1568 (Comm. on House Administration). SENATE REPORT No. 95-121 (Comm. on Rules and Administration). CONGRESSIONAL RECORD: Vol. 123 (1977): May 9, considered and passed Senate. Vol. 124 (1978): Sept. 19, considered and passed House, amended. Oct. 13, Senate concurred in House amendment.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1260

 92 STAT. 2540

PUBLIC LAW 95-594^NOV. 4, 1978

Public Law 95-594 95th Congress Joint Resolution Nov. 4, 1978 [HJ. Res. 1173]

96th Congress. First session. Budget and Economic Report, transmittal to Congress.

Budget estimates, submittal to Congress.

15 USC 1024.

Relative to the convening of the first session of the Ninety-sixth Congress, and for other purposes.

Resolved ~by the Senate and House of Representatives of the United States of America in Congress assembled.. That the first regular session of the Ninety-sixth Congress shall begin at 12 o'clock meridian on January 15, 1979. SEC. 2. That (a) notwithstanding the provisions of section 201 of the Act of June 10, 1922, as amended (31 U.S.C. section 11), the President shall transmit to the Congress not later than January 22, 1979, the budget for the fiscal year 1980, and (b) notwithstanding the provisions of section 3 of the Act of February 20, 1946, as amended (15 U.S.C. section 1022), the President shall transmit to the Congress not later than January 22, 1979, the Economic Report. SEC. 3. That (a) notwithstanding the provisions of section 605(a) of the Congressional Budget and Impoundment Control Act of 1974 (31 U.S.C. 11(a)), the President shall submit to the Senate and the House of Representatives the estimates required to be submitted by said subsection for the Fiscal Year 1980 not later than the date on which the President transmits to the Congress the budget for the Fiscal Year 1980, and (b) notwithstanding the provisions of section 605(b) of the Congressional Budget and Impoundment Control Act of 1974, the Joint Economic Committee shall submit to the Committees on the Budget of both Houses the evaluation required to be submitted by said subsection for the Fiscal Year 1980 not later than the date on which the report for the Fiscal Year 1980 pursuant to section 5(b)(3) of the Employment Act of 1946 (15 U.S.C. 1024b) is filed with the Senate and House of Representatives. Approved November 4, 1978.

LEGISLATIVE HISTORY: CONGRESSIONAL RECORD, Vol. 124 (1978): Oct. 15, considered and passed House and Senate.

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 favorite sport, while hundreds and thousands, eager to enjoy the sight, will flock to the rinks and cheer their sides to victory.

2. In this part of the book it is but meet that attention should be drawn to the fact that our Governors-General, ever since the time that hockey obtained as a popular, scientific game have, in a most significant manner, auspiciously lent their names and aid in furthering the interests of this favorite sport.

The cup donated by the Rt. Hon. the Earl of Derby (Lord Stanley) has given birth to the keenest competition among our leading clubs, jealous of its possession. It has brought together teams that have travelled thousands of miles for the encounter, and has placed the game of hockey, through these important matches, more prominently before the public than anything that any other man has ever done for it.

Lord Stanley, now the Earl of Derby, took a great interest in hockey when he was Governor-General of Canada, and when about to leave for England, in 1893, he announced 19


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Page:United States Statutes at Large Volume 92 Part 2.djvu/1261

 PUBLIC LAW 95-595—NOV. 4, 1978

92 STAT. 2541

Public Law 95-595 95th Congress An Act To amend the Budget and Accounting Procedures Act of 1950 to require that the Comptroller General provide for a financial audit with respect to pension plans for officers and employees of the Federal Government and its agencies and instrumentalities, to require that an annual report, including a financial statement and an actuarial statement, be furnished to the Congress and the Comptroller General with respect to such plans, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. Part II of title I of the Budget and Accounting Procedures Act of 1950 (64 Stat. 832) is amended by adding at the end thereof the following new matter: "Subpart C

Nov. 4, 1978 [H.R. 9701]

Budget and Accounting Procedures Act of 1950, amendment. 31 USC 1 note. 31 USC 65 et seq.

"FEDERAL GOVERNMENT PENSION PLANS

"SEC. 120. It is the purpose of this subpart to protect the interests 31 USC 68. of the Nation and of the participants and their beneficiaries in Federal Government pension plans and certain othor pension plans by requiring full disclosure of the financial condition of such plans. "SEC. 121. (a) Notwithstanding any other provision of law or any 31 USC 68a. administrative determination to the contrary, each Federal Government pension plan and each plan described in section 123(b), except as specified in subsection (b) of this section, shall be deemed to be subject to the provisions of section 103 of the Employee Retirement Income Security Act of 1974 in the same manner as an employee pen- 29 USC 1023. sion benefit plan to which such section applies, except that, with respect to such a Federal Government pension plan or a plan described in section 123(b)— "(1) the annual report required by such section shall be in such form, and shall include such information and data, as the President, in consultation with the Comptroller General (or in the case of a plan described in section 123(a)(9) or 123(b), the Comptroller General) may prescribe; "(2) the annual report required by such section shall be furnished to the Congress and to the Comptroller General, not later than the end of the two hundred and ten-day period beginning on the day after the last day of the plan year involved; "(3) unless specifically authorized by the Comptroller General, no provision of such section which provides for waiver of, relief from, or exception to any requirement otherwise applicable to an employee pension benefit plan shall be deemed to apply to such Federal Government pension plan or such plan described in section 123(b); "(4) the provisions of section 104(b) of such Act shall not 29 USC 1024. apply; "(5) the report required by this subpart shall be in addition to and shall not supersede other reports or projections required by law: and

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1262

 92 STAT. 2542

29 USC 1023.

31 USC 68b.

Recommendations, submittal to Congress. "Federal Government pension plan." 31 USC 68c. 29 USC 1001 note. 26 USC 3101. 26 USC 3201. 29 USC 1002.

PUBLIC LAW 95-595—NOV. 4, 1978 " (6) other than in the case of a plan described in section 123(b), the Comptroller General shall perform such audits as the Comptroller General deems appropriate in lieu of the requirements for the independent qualified public accountant under section 103 of the Employee Retirement Income Security Act of 1974. "(b) Nothing in this subpart shall be construed as imposing any requirement with respect to a Federal Government pension plan for officers or employees of the Central Intelligence Agency, unless the imposition of such requirement is specifically approved in writing by the President. "(c) Nothing in this Act shall preclude the use by a plan of the services of an enrolled actuary employed by the agency or agencies administering the plan. "SEC. 122. If requested by either House of Congress (or any committee thereof) or if deemed necessary by the Comptroller General, the General Accounting Office shall— "(1) review financial and actuarial statements furnished pursuant to section 121 for the purpose of determining whether the reporting requirements of such section are adequate to carry out the pu.rpose of this subpart; and " (2) submit to the Congress such recommendations for legislative action as it may deem necessary to carry out the purposes of this subpart. "SEC. 128. (a) For purposes of this subpart, the term 'Federal Government pension plan' means a pension, annuity, retirement, or similar plan (other than a plan covered under the Employee Retirement Income Security Act of 1974, or any plan or program which is financed by contributions required under chapter 21 of the Internal Revenue Code of 1954 (the Federal Insurance Contributions Act) or chapter 22 of the Internal Revenue Code of 1954 (the Railroad Retirement Tax Act)), whether or not such plan is an employee pension benefit plan within the meaning of section 3(2) of the Employee Retirement Income Security Act of 1974, established or maintained by the Government of the United States, or any agency or instrumentality thereof, for any of its officers or employees, without regard to the number of participants covered by such plan, and such term includes but is not limited to the following plan: " (1) Civil Service Retirement System; " (2) Foreign Service Retirement and Disability System; "(3) Military Retirement System; " (4) Coast Guard Retirement System; "(5) Commissioned Corps of the Public Health Service Retirement System; " (6) National Oceanic and Atmospheric Administration Retirement System; " (7) Tennessee Valley Authority Retirement System; "(8) nonappropriated fund plans; and "(9) judicial plans.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1263

 PUBLIC LAW 95-595—NOV. 4, 1978 "(b) For purposes of this subpart, the plans described in section 123(b) aie the following (other than any of the following which arccovered under the Employee Retirement Income Security Act of 1974): '' (1) Federal Reserve Employees Retirement Plans; " (2) Federal Home Loan Bank Board Retirement Systems; " (3) Federal Home Loan Mortgage Corporation Plan; and " (4) Farm Credit District Retirement Plans. "SEC. 124. The requirement imposed by section 121(a) shall apply with respect to plan years beginning after September 30, 1978. For purposes of this section, the term 'plan year' means with respect to a plan, the calendar, policy, or fiscal year chosen by the plan on which the records of the plan are kept.". SEC. 2. Part II of title I of the Budget and Accounting Procedures Act of 1950 (64 Stat. 832) is further amended— (1) by inserting after "PART II—ACCOUNTING AND AUDITING" the following new center heading: "Subpart A"; and (2) by inserting after section 111 the following new center heading: "Subpart B". Approved November 4, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1678 (Comm. on Government Operations). CONGRESSIONAL RECORD, Vol 124 (1978): Oct. 10, considered and passed House. Oct. 15, considered and passed Senate.

92 STAT. 2543

29 USC 1001 note.

31 USC 68d. "Plan year."

31 USC 65.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1264

 92 STAT. 2544

PUBLIC LAW 95-596—NOV. 4, 1978

Public Law 95-596 95th Congress Joint Resolution Nov. 4, 1978 [S.J. Res. 160]

To initiate preliminary studies for the restoration and renovation of the Pension Building in Washington, District of Columbia, to house a Museum of the Building Arts, and for other purposes.

Resolved by the Senate and House of Representatives of the United Pension Building, States of America in Congress assembled, That (a) the Congress finds D.C. and declares that the Federal Building in the District of Columbia, Restoration and operated and managed by the General Services Administration and renovation, known as the Pension Building, is unique, historic, constitutes an preliminary architectural treasure belonging to the people of the United States, studies. and must be restored and properly utilized. (b) The Congress further declares that the Pension Building would most appropriately be dedicated to the public use as the Nation's Museum of the Building A r t s, benefiting this and future generations. Existing SEC. 102. The Administrator of General Services is authorized and conditions study. directed to prepare an existing conditions study of the Pension Building, located in the block bounded by F o u r t h Street, F i f t h Street, " F " Street, and " G " Street, Northwest, in the District of Columbia. After consultation with the Secretary of the Smithsonian Institution and the Chairman of the National Endowment for the A r t s, he shall prepare drawings, together with preliminary cost estimates, for the restoration and renovation of the Pension Building, in its entirety, to house the Museum of the Building A r t s. Such drawings shall be consistent with and provide space for the functions and facilities proposed in the report of the Committee for a National Museum of the Building Arts, Incorporated, dated January 1978, and on file at the National Endowment for the A r t s, including alternative treatment of the facilities listed in subsection 104(d) which may require structural modifications of the Pension Building. Such drawings and estimates, together Drawings and with the existing conditions study, shall be submitted to the Comestimates, submittal to mittee on Environment and Public W o r k s of the Senate, and to the congressional Committee on Public W o r k s and Transportation of the House of Repcommittees. resentatives, not later than November 1, 1978. SEC. 103. The Chairman of the National Endowment for the A r t s Report to congressional is requested to report to the Committee on Environment and Public committees. W o r k s of the Senate, and to the Committee on Public W o r k s and Transportation of the House of Representatives, not later than November 1, 1978, his initial observations and opinions with respect to— (a) the prospects for private funding of museum operations, including an appraisal listing the potential sources of financial support, together with a preliminary estimate of the amount of such support which might reasonably be anticipated; and (b) such other factors as, in his opinion, may contribute to the feasibility of the proposed museum. Report to SEC. 104. The Secretary of the Smithsonian Institution is requested congressional to report to the Committee on Environment and Public W o r k s of the committees. Senate and to the Committee on Public W o r k s and Transportation of the House of Representatives, not later than November 1, 1978, his initial comments and opinions concerning— (a) the potential for visitation at the proposed museum, compared to visitation at Smithsonian museums in recent years;

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1265

 PUBLIC LAW 95-596—NOV. 4, 1978

92 STAT. 2545

(b) the potential for interaction between the proposed museum and existing collections and programs of the Smithsonian; (c) the proportion of total space (based on the Secretary's experience with such Smithsonian Museums as Air and Space, Arts and Industries, and History and Technology) required for (i) inactive storage, (ii) the study of collections housed in the museum; (iii) staff offices; and (iv) public/exhibition use; (d) the value and approximate costs of providing facilities to accommodate (i) food service; (ii) a museum shop; (iii) a computer service or center; and (iv) an auditorium, together with recommendations for optimum size and desirable features of such facilities. SEC. 105. As used in this joint resolution, the term— Definitions. (a) "building arts" encompasses all practical and scholarly aspects of architecture; and landscape architecture; engineering; building and cohstruction; urban planning, design, physical development, and renewal; and historic preservation; (b) "museum" means the Museum of the Building Arts, as generally proposed by the Committee for a National Museum of the Building Arts, the primary purpose of which shall be (i) to create in the Nation's Capital a center to exhibit, demonstrate, and encourage contributions to the building arts and sciences, with an emphasis on American initiatives; (ii) to establish and operate a building arts documents archive, and a building arts reference library for citizens and public and private institutions; and (iii) to foster educational programs, to provide a forum for information exchange amon^ professionals in the building arts, and to enhance understanding and appreciation of all facets of the building arts and sciences; (c) "Administrator" means the Administrator of General Services; (d) "Chairman" means the Chairman of the National Endowment for the Arts; and (e) "Secretary" means the Secretary of the Smithsonian Institution. SEC. 106. The Administrator shall insure that any occupants of the Pension Building shall be temporary pending establishmeiit and occupancy of the building by the National Museum of the Building Arts; and that such occupants shall in no way conflict with, interfere with, or cause to delay efforts toward the restoration and renovation of the building to house the museum.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1266

 92 STAT. 2546 Appropriation authorizations.

PUBLIC LAW 95-596—NOV. 4, 1978 SEC. 107. (a.) For the purposes of section 102 of this joint resolution^ the Administrator is authorized and directed to expend not to exceed $60,000 from funds available to him for the alteration and repair of buildings. (b) For the purposes of section 103 of this joint resolution, the Chairman shall expend not more than $10,000 from funds available to him. (c) For the purposes of section 104 of this joint resolution, the Secretary shall expend not more than $10,000 from funds available to him. Approved November 4, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1776 (Comm. on Public Works and Transportation). SENATE REPORT No. 95-1181 (Comm. on Environment and Public Works). CONGRESSIONAL RECORD, Vol. 124 (1978): Sept. 15, considered and passed Senate. Oct. 14, considered and passed House.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1267

 PUBLIC LAW 95-597—NOV. 4, 1978

92 STAT. 2547

Public Law 95-597 95th Congress An Act To amend the Regional Rail Reorganization Act of 1973 to require ConRail to mak'e premium payments under certain medical and life insurance policies, to provide that ConRail shall be entitled to a loan under section 211(h) of such Act in an amount required for such premium payments, and to provide that such premium payments shall be deemed to be expenses of administration of the respective railroads in reorganization.

Nov. 4, 1978 [H.R. 5646]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That paragraph (6) Regional Rail of section 303(b) of the Eegional Rail Reorganization Act of 1973 (45 Reorganization Act of 1973, U.S.C. 743(b)(6)) is amended— amendment. (1) by redesignating such paragraph (6) as paragraph (6)(A), and by redesignating clauses (A) and (B) in the first sentence thereof as clauses (i) and (ii), respectively; and (2) by adding at the end thereof the following new subparagraph: "(B) The Corporation shall make such premium payments as may be necessary to maintain in effect any medical or life insurance policy which was maintained by a railroad in reorganization immediately prior to April 1, 1976, and which provides insurance benefits to individuals who retired, prior to April 1, 1976, from service with such a railroad. With respect to any such individual whose medical or life insurance coverage lapsed after April 1, 1976, due to nonpayment of premiums, the Corporation shall— "(i) through the purchase of insurance or otherwise, provide medical or life insurance benefits of the same type and at the same or approximately the same level as were provided by the employer railroad in reorganization and in effect with respect to such individual immediately prior to April 1, 1976; and "(ii) assume and pay any claim for such individual (or his personal representative) for any such insurance benefits, if— " (I) such claim arose during the period beginning April 1, 1976, and ending on the date insurance coverage is provided pursuant to clause (i) of this subparagraph; and " ( II) such benefits were not paid by an insurer solely because of the lapse of the insurance coverage during such period. The Corporation shall be entitled to a loan pursuant to section 211(h) of this Act in an amount required for the payment of insurance 45 USC 721 premiums and benefits described in this subparagraph. For purposes of section 211(h)(4)(A) (iii), amounts required for the payment of such premiums and benefits shall be deemed to be valid administrative claims against the respective estates of the railroads in reorganization, due and payable as of April 1, 1976, or, in the case of a railroad in reorganization which is not subject to a bankruptcy proceeding, such amounts shall be deemed to be obligations of such railroad, due and payable as of such date, and shall be reimbursable in accordance with the procedures set forth in paragraphs (4) and (5) of such section 211(h). As used in this subparagraph, the term 'railroad in "Railroad in reorganization' includes any railroad which is controlled by a rail- reorganization.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1268

 92 STAT. 2548

PUBLIC LAW 95-597—NOV. 4, 1978

road in reorganization but is not itself subject to a bankruptcy proceeding, if such railroad conveyed substantially all of its rail properties to the Corporation pursuant to paragraph (1) of this subsection and conducted operations over such rail properties prior to the date of such conveyance.", 45 USC 743 note. gEC. 2. The conferring of administrative claim status on amounts paid for the insurance premiums and benefits described in the amendment made by the first section of this Act shall be effective solely for purposes of meeting the conditions set forth in section 211(h)(4)(A) 45 USC 721. (iii) of the Regional Rail Reorganization Act of 1973 with respect to which obligations of the estate of a railroad in reorganization may be paid pursuant to such section 211(h), and shall not be construed— (1) as affecting the jurisdiction of the district court having jurisdiction over such a railroad in reorganization to determine whether such insurance premiums and benefits constitute enforceable contractual obligations of the estate of such a railroad for purposes of reimbursement under such section 211(h); or (2) as establishing or reordering any priority which a claim against the estate oi such a railroad for reimbursement for the amounts paid for such insurance premiums and benefits may or may not have under the provisions of the Bankruptcy Act or any other law. 45 USC 743 note. SEC. 3. Notwithstanding any other provision of law, any corporation which, pursuant to a plan of reorganization under section 77 of the 11 USC 205. Bankruptcy Act, is the successor in interest to a railroad in reorganization shall have standing to assert, in any judicial or administrative proceeding, any claim or defense available to such railroad in reorganization with respect to whether the insurance benefits and premiums described in the amendment made by the first section of this Act constitute enforceable contractual obligations of the estate of such railroad in reorganization. For purposes of this section, the term "railroad in reorganization" has the meaning given such term in paragraph (14) 45 USC 702. of section 102 of the Regional Rail Reorganization Act of 1973. Approved November 4, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-376 (Comm. on Interstate and Foreign Commerce). SENATE REPORT No. 95-1041 (Comm. on eommerce. Science, and Transportation). CONGRESSIONAL RECORD, Vol. 124 (1978): Jan. 30, considered and passed House. Aug. 2, considered and passed Senate, amended. Oct. 11, House concurred in Senate amendment with an amendment. Oct. 13, Senate concurred in House amendments.

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