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Page:United States Statutes at Large Volume 92 Part 2.djvu/774

 92 STAT. 2054 Regulations. 16 USC 2406. 12 UST 794. "United States citizen."

16 USC 2407.

PUBLIC LAW 95-541—OCT. 28, 1978 SEC. 7. NOTIFICATION OF TRAVEL TO ANTARCTICA. 'pj^g Secretary of State shall prescribe such regulations as may be necessary and appropriate to implement, with respect to United States citizens, paragraph 5 of Article VII of the T r e a t y pertaining to the filing of advance notifications of expeditions to, and within, Antarctica. For purposes of this section, the term "United States citizen" shall include any foreign person who organizes within the United States any expedition which will proceed to Antarctica from the United States. SEC. 8. CIVIL PENALTIES. (a) ASSESSMENT or P E N A L T I E S. — Any person who is found by the

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Director, after notice and opportunity for a hearing in accordance with subsection (b), to have committed any act prohibited by section 4 (a) or to have violated any regulation prescribed under section 7 shall be liable to the United States for a civil penalty. The amount of the civil penalty shall not exceed $5,000 for each violation unless the prohibited act was knowingly committed, in which case the amount of the civil penalty shall not exceed $10,000 for each violation. Each day of a continuing violation shall constitute a separate offense. The amount of any civil penalty shall be assessed by the Director by written notice. Any civil penalty assessed under this subsection may be remitted or mitigated by the Director. (b) HEARINGS.—Hearings for the assessment of civil penalties under subsection (a) shall be conducted in accordance with section 554 of title 5, United States Code. For the purposes of conducting any such hearing, the Director may issue subpenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents, and may administer oaths. Witnesses summoned shall be paid the same fees and mileage that are paid to witnesses in the courts of the United States. I n case of contumacy or refusal to obey a subpena served upon any person pursuant to this subsection, the district court of the United States for any district in which such person is found, resides, or transacts business, upon application by the United States and after notice to such person, shall have jurisdiction to issue an order requiring such person to appear and give testimony before the Director or to appear and produce documents before the Director, or both, and any failure to obey such order of the court may be punished by such court as a contempt thereof. (c) KEVIEW.—Upon the failure of any person against whom a civil penalty is assessed under subsection (a) to pay such penalty, the Director may request the Attorney General to institute a civil action in a district court of the United States for any district in which such person is found, resides, o r transacts business to collect the penalty and sudh court shall have jurisdiction to hear and decide any such action. The court shall hear such action on the record made before the Director and shall sustain the decision of the Director if it is supported by substantial evidence on the record considered as a whole. (d) PENALTIES U N D E R OTHER L A W S. — The assessment of a civil pen-

16 USC 1361 note, 1531 note. 16 USC 710. 16 USC 2408.

alty under subsection (a) for any act shall not be deemed to preclude the assessment of a civil penalty for such act under any other law, including, b u t not limited to, the Marine Mammal Protection Act of 1972, the E n d a n g e r e d Species Act of 197S, and the Migratory B i r d T r e a t y Act. •^ SEC. 9. CRIMINAL OFFENSES. (a) OFFENSES.—A person is guilty of an offense if he willfully commits any act prohibited by section 4(a).

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Page:United States Statutes at Large Volume 92 Part 2.djvu/775

 PUBLIC LAW 95-541—OCT. 28, 1978

92 STAT. 2055

(b) PUNISHMENT.—Any offense described in subsection (a) is punishable by a fine of $10,000, or imprisonment for not more than one year, or both. (c) OFFENSES UNDER OTHER LAWS.—A conviction under subsection (a) lor any act shall not be deemed to preclude a conviction for such act under any other law, including, but not limited to, the Marine Mammal Protection Act of 1972, the Endangered Species Act of 1973, and 16 USC 1361 the Migratory Bird Treaty Act. °°*^'1!^ °^*'" ^ -^ J SEC. 10. ENFORCEMENT.

16 USC 710. 16 USC 2409.

(a) KESPONSIBILITY.—The provisions of this Act and of any regulation prescribed, or permit issued, under this Act shall be enforced by the Director, the Secretary of the Treasury, the Secretary of Commerce, the Secretary of Interior, and the Secretary of the department in which the Coast Guard is operating. The Director and sudh Secretaries may Cooperation, utilize by agreement, on a reimbursable basis or otherwise, the personnel, services, and facilities of any other Federal agency or any State agency in the performance of such duties. (b) POWERS or AUTHORIZED OFFICERS.—Any officer who is author-

ized (by the Director, the Secretary of the Treasury, the Secretary of Commerce, the Secretary of the Interior, the Secretary'^ of the department in which the Coast Guard is operating, or the head of any Federal or State agency which has entered into an agreement with the Director or any such Secretary under subsection (a)) to enforce the provisions of this Act and of any regulation or permit issued under this Act may— (1) secure, execute, and serve any order, warrant, subpena, or other process, which is issued under the authority of the United States; (2) sea^rch without warrant any person, place, or conveyance where there is reasonable grounds to believe that a person has committed or is attempting to commit an act prohibited by section

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.

.

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(3) seize without warrant any evidentiary item where there is reasonable grounds to believe that a person has committed or is attempting to commit any such act; (4) offer and pay rewards for services or information which may lead to the apprehension of violators of such provisions; (5) make inquiries, and administer to, or take from, any person an oath, affirmation, or affidavit, concerning any matter which is related to the enforcement of such provisions; (6) detain for inspection and inspect any package, crate, or other container, including its contents, and all accompanying documents, upon importation into, or exportation from, the United States; and (7) make an arrest with or without a warrant with respect to any act prohibited by section 4(a) if such officer has reasonable grounds to believe that the person to be arrested is committing such act in his presence or view, or has committed such act. (c) SEIZURE.—Any property or item seized pursuant to subsection (b) shall be held by any person authorized by the Director, the Secretary of the Treasury, the Secretary of Commerce, the Secretary of the Interior, or the Secretary of the department in which the Coast Guard is operating pending the disposition of civil or criminal proceedings, or the institution of an action in rem for forfeiture of such property or item; except that such authorized person may, in lieu of holding such property or item, permit the owner or consignee thereof to post a bond or other satisfactory surety.

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


text:
Page:The Folk-Lore Journal Volume 4 1886.djvu/272

264

Young Welshmen were in the habit of taking service at the Shropshire farms, coming to England to seek their fortune as the Irish labourers do now, or did till lately.

The love of a noble lady for a "squire of low degree" is a favourite topic with ballad-makers. I have another song on the same subject, "The Golden Glove," see the Percy Society's vol. xvii.

Pyebirch, Eccleshall, Staffordshire.


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/776

 92 STAT. 2 0 5 6

Property disposal, regulation.

PUBLIC LAW 95-541—OCT. 28, 1978 (d) FORFEITURE.— (1) Any animal or plant with respect to which an act prohibited by section 4(a) is committed shall be subject tO' forfeiture to the United States. (2) All givns, traps, nets, and other equipment, vessels, vehicles, aircraft, and other means of transportation used in the commission of any act prohibited by section 4(a) shall be subject to forfeiture to the United States. (3) Upon the forfeitiire to the United States of any property or item described in paragraph (1) or (2), or upon the abandonment or waiver of any claim to any such property or item, it shall be disposed of by the Director, the Secretary of the Treasury, the Secretary of Commerce, the Secretary of the Interior, or the Secretary of the department in which the Coast G u a r d is operating, as the case may be, in such a manner, consistent with the purposes of the Act, as may be prescribed by regulation; except that no native mammal, native bird, or native plant may be disposed of by sale to the public. (e) APPLICATION OF CUSTOMS LAWS.^—All provisions of law r e l a t i n g

Regulations.

16 USC 2410.

16 USC 2411.

16 USC 2412.

to the seizure, forfeiture, and condemnation of a vessel for violation of the customs laws, the disposition of such vessel or the proceeds from the sale thereof, and the remission or mitigation of such forfeiture, shall apply to the seizures and forfeitures incurred, or alleged to have been incurred, under the provision of this Act, insofar as such provisions of law a r e applicable and not inconsistent with the provisions of this Act; except that all powers, rights, and duties conferred or imposed by the customs laws upon any officer or employee of the Customs Service may, for the purposes of this Act, also be exercised or performed by the Director, the Secretary of Commerce, the Secretary of the Interior, or the Secretary of the department in which the Coast G u a r d is operating, or by such persons as each may designate. (f) REGULATIONS.—The Director, the Secretary of the Treasury, the Secretary of Commerce, the Secretary of the Interior, and the Secretary of the department in which the Coast G u a r d is operating may prescribe such regulations as may be appropriate to enforce the provisions of this Act and of any regulation prescribed o r permit issued under this Act, and charge reasonable fees for the expenses of the United States incurred in carrying out inspections and in transferring, boarding, handling, or storing native mammals, native bird^, native plants, animals and plants not indigenous to Antarctica, and other evidentiary items seized or forfeited under this Act. SEC. 11. JURISDICTION OF COURTS. The district courts of the United States shall have exclusive jurisdiction over any case or controversy arising under the provisions of this Act or of any regulation prescribed, or permit issued, under this Act. SEC. 12. FEDERAL AGENCY COOPERATION. E a c h Federal department or agency whose activities affect A n t a r c tica shall utilize, to the maximum extent practicable, its authorities in furtherance of the purposes of this Act, and shall cooperate with the Director in carrying out the purposes of this Act. SEC. 13. RELATIONSHIP TO EXISTING TREATIES. Nothing in this Act shall be construed as contravening or superseding the provisions of any international treaty, convention, or agreement, if such treaty, convention, or agreement is in force with respect to the United States on the date of the enactment of this Act, or of any statute which implements any such treaty, convention, o r agreement.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/777

 PUBLIC LAW 95-541—OCT. 28, 1978

92 STAT. 2057

SEC 14. (a) The first section of the Fishermen's Protective Act of 1967 (22 U.S.C. 1971) is amended by adding at the end thereof the following new sentence: "Notwithstanding any other law, the docmnentation or certification of any such vessel shall not be considered to be affected, for the purposes of this Act, in any manner or to any extent if at any time during any voyage for the purpose of fishing beyond the fishery conservation zone (as defined in section 3(8) of the Fishery Conservation and Management Act of 1976 (16 U.S.C. 1802(8)), the vessel is commanded by other than a citizen of the United States.". (b) The amendment made by subsection (a) shall take effect Janu- Effective date, ary 1, 1978. 22 USC 1971 note.

Approved October 28, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT

No. 95-1031, Parts I and II (Comm. on Merchant Marine and Fisheries, and Comm. on Science and Technology). CONGRESSIONAL RECORD, Vol. 124 (1978): Sept. 25, considered and passed House. Oct. 13, considered and passed Senate, amended. Oct. 14, House concurred in Senate amendment.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/778

 92 STAT. 2058

PUBLIC LAW 95-542—OCT. 28, 1978

Public Law 95-542 95th Congress An-Act Oct. 28, 1978 [H.R. 11671]

rpp designate a certain Federal building in Big Stone Gap, Virginia, the "0. Bascom Slemp Building".

Be it ewicted by the Senate and House of Representatives of the C. Bascom Slemp United States of America in Congress assembled, That the Federal Building, Va. building located at 322 East Wood Avenue in Big Stone Gap, Virginia, Designation. jg hereby designated as the "C. Bascom Slemp Building". Any reference in any law, regulation, document, record, map or other paper of the United States to such building shall be considered to be a reference to the C. Bascom Slemp Building. Approved October 28, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1469 (Comm. on Public Works and Transportation). CONGRESSIONAL RECORD, Vol. 124 (1978): Sept. 18, considered and passed House. Oct. 15, considered and passed Senate.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/779

 PUBLIC LAW 95-543—OCT. 28, 1978

92 STAT. 2059

Public Law 95-543 95th Congress An Act To designate a building in Pittsburg, Kansas, as the "Joe Skubitz Social Security Administration Center".

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Social Security Administration District Office Building located at the intersection of South Broadway and East Adams Streets, in Pittsburg, Kansas, shall hereafter be known and designated as the "Joe Skubitz Social Security Administration Center". Any reference in a law, map, regulation, document, record, or other paper of the United States to such building shall be held to be a reference to the Joe Skubitz Social Security Administration Center. SEC. 2. This Act shall take effect on January 4, 1979. Approved October 28, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1467 (Comm. on Public Works and Transportation). CONGRESSIONAL RECORD, Vol. 124 (1978): Sept. 18, considered and passed House. Oct. 15, considered and passed Senate.

Oct. 28, 1978 [H.R. 12634]

Joe Skubitz Social Security Administratioia Center, Kans. ition.

Effective date.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/780

 92 STAT. 2060

PUBLIC LAW 95-544—OCT. 28, 1978

Public Law 95-544 95th Congress An Act Oct. 28, 1978 [H.R. 13187]

j<Q designate the United States Post Office and Federal Building in Griffin, Georgia, the "John J. Flynt, J r. Federal Building".

Be it enacted by the Senate and House of Representatives of the John J. Flynt, Jr., United States of America in Congress assembledy That the United Federal Building, States Post Office and Federal building located in Griffin, Georgia, ^^•. is hereby desi^ated as the "John J. Flynt, Jr. Federal Building". esignation. ^^^ reference in any law, regulation, document, record, map, or other paper of the United States to such building shall be considered to be a reference to the "John J. Flynt, Jr. Federal Building". Effective date. SEC. 2. This Act shall take effect on January 4, 1979. Approved October 28, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1470 (Comm. on Public Works and Transportation). CONGRESSIONAL RECORD, Vol. 124 (1978): Sept. 18, considered and passed House. Oct. 15, considered and passed Senate.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/781

 PUBLIC LAW 95-545—OCT. 28, 1978

92 STAT. 2061

Public Law 95-545 95th Congress An Act To namte a certain Federal building in Shreveport, Lotdsiana, the "Joe Waggonner Federal Building". Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Federal building located at 500 Fannin Street in Shreveport, Louisiana, is hereby designated as the "Joe Waggonner Federal Building". Any reference in any law, regulation, document, record, map, or other paper of the United States to such building shall be considered to be a reference to the Joe Waggonner Federal Building. SEC. 2. This Act shall take effect on January 4, 1979. Approved October 28, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1472 (Comm. on Public Works and Transportation). CONGRESSIONAL RECORD, Vol. 124 (1978): Sept. 18, considered and passed House. Oct. 15, considered and passed Senate.

Oct. 28. 1978 [H.R. 13514]

Joe Waggonner Federal Building, La. Designation.

Effective date.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/782

 92 STAT. 2062

PUBLIC LAW 95-546—OCT. 28, 1978

Public Law 95-546 95th Congress An Act Oct. 28, 1978 [H.R. 13972]

Great Bear Wilderness, Mont. Designation. 16 USC 1132 note. 16 USC 1131 note.

Map and description, filing with congressional committees.

Administration.

To designate the Great Bear Wilderness, Flathead National Forest, and enlarge the Bob Marshall Wilderness, Flathead and Lewis and Clark National Forests, State of Montana.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, in furtherance of the purposes of the Wilderness Act (78 Stat. 890), the area generally depicted on a map entitled "Great Bear Wilderness (Proposed)—Bob Marshall Wilderness Addition"', dated October 1978, which is on file and available for public inspection in the Office of the Chief, Forest Service, United States Department of Agriculture, is hereby designated as the Great Bear Wilderness (approximately two hundred eighty-five thousand, seven hundred seventy-one acres) within and as part of the Flathead National Forest, Montana, and enlarges the Bob Marshall Wilderness with an area comprising approximately sixty thousand acres within and as part of the Lewis and Clark National Forest, Montana. SEC. 2. As soon as practicable after this Act takes effect, the Secretary of Agriculture shall file a map and a legal description of the Great Bear Wilderness and Bob Marshall Wilderness Addition with the Energy and Natural Resources Committee, United States Senate, and the Interior and Insular Affairs Committee, House of Representatives, and such description shall have the same force and effect as if included in this Act: Provided, however, That correction of clerical and topographical errors in such legal description and map may be made. SEC. 3. The Great Bear Wilderness and Bob Marshall Addition shall be administered by the Secretary of Agriculture in accordance with the provisions of the Wilderness Act governing areas designated by that Act as wilderness areas, except that any reference in such provisions to the effective date of the Wilderness Act shall be deemed to be a reference to the effective date of this Act. Approved October 28, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1616 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD, Vol. 124 (1978): Oct. 3, considered and passed House. Oct. 6, considered and passed Senate, amended. Oct. 14, House concurred in Senate amendments. WEEKLY eOMPILATION OF PRESIDENTIAL DOeUMENTS, Vol. 14, No. 44: Oct. 30, Presidential statement.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/783

 PUBLIC LAW 95-547—OCT. 28, 1978

92 STAT. 2063

Public Law 95-547 95th Congress An Act To amend section 1445(b) of the Food and Agriculture Act of 1977 to modify the formula for distribution of funds authorized thereunder for agricultural research.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1445(b) of the Food and Agriculture Act of 1977 is amended to read as follows: " (b) Beginning with the fiscal year ending September 30, 1979, the funds appropriated in each fiscal year under this section shall be distributed as follows: "(1) Three per centum shall be available to the Secretary for administration of this section. "(2) The remainder shall be allotted among the eligible institutions as follows: "(A) Funds up to the total amount made available to all eligible institutions in the fiscal year ending September 30, 1978, under section 2 of the Act of August 4, 1965 (79 Stat. 431; 7 U.S.C. 450i), shall be allocated among the eligible institutions in the same proportion as funds made available under section 2 of the Act of August 4, 1965, for the fiscal year ending September 30, 1978, are allocated among the eligible institutions. "(B) Of funds in excess of the amount allocated under subparagraph (A) of this paragraph, 20 per centum shall be allotted among eligible institutions in equal proportions; 40 per centum shall be allotted among the eligible institutions in the proportion that the rural population of the State in which each eligible institution is located bears to the total rural population of all the States in which eligible institutions are located, as determined by the last preceding decennial census; and the balance shall be allotted among the eligible institutions in the proportion that the farm population of the State in which each eligible institution is located bears to the total farm population of all the States in which the eligible institutions are located, as determined by the last preceding decennial census. In computing the distribution of funds allocated under this subparagraph, the allotments to Tuskegee Institute and Alabama Agricultural and Mechanical University shall be determined as if each institution were in a separate State.". Approved October 28, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1619 (Coram, on Agriculture). CONGRESSIONAL RECORD, Vol. 124 (1978): Oct. 2, considered and passed House. Oct. 13, considered and passed Senate.

Oct. 28, 1978 [H.R. 13989]

Food and Agriculture Act of 1977, amendment. 7 USC 3222. Agricultural research, distribution of funds. Formula modification.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/784

 92 STAT. 2064

PUBLIC LAW 95-548—OCT. 30, 1978

Public Law 95-548 95th Congress

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r^q

An Act Oct. 30, 1978 [S. 3112]

To amend the Act of October 19, 1965, to provide additional authorization for the Library of Congress James Madison Memorial Building.

Library of Congress James Madison Memorial Building. Additional authorization. 2 USC 141 note.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 3 of the joint resolution entitled "Joint resolution to authorize the Architect of the Capitol to construct the third Library of Congress building in square numbered 732 in the District of Columbia to be named the James Madison Memorial Building and to contain a Madison Memorial Hall, and for other purposes", approved October 19, 1965 (79 Stat. 986; Public Law 89-260), is amended by striking out "$123,000,000" and inserting in lieu thereof "$130,675,000". Approved October 30, 1978.

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LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1168 accompanying H.R. 12342 (Comm. on Public Works and Transportation). SENATE REPORT No. 95-906 (Comm. on Rules and Administration). CONGRESSIONAL RECORD, Vol. 124 (1978): June 5, 13, considered and passed Senate. Oct. 14, considered and passed House, amended in lieu of H.R. 12342. Oct. 15, Senate concurred in House amendment.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/785

 PUBLIC LAW 95-549—OCT. 30, 1978

92 STAT. 2065

Public Law 95-549 95th Congress An Act To amend the Immigration and Nationality Act to exclude from admission into, and to deport from, the United States all aliens who persecuted any person on the basis of race, religion, national origin, or political opinion, under the direction of the Nazi government of Germany, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, TITLE I SEC. 101. (a) Section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)), relating to general classes of aliens ineligible to receive visas and excluded from admission, is amended— (1) by striking out the period at the end of paragraph (32) and inserting in lieu thereof a semicolon; and (2) by adding immediately after paragraph (32) the following new paragraph: "(33) Any alien who during the period beginning on March 23, 1933, and ending on May 8, 1945, under the direction of, or in association with— " (A) the Nazi government in Germany, "(B) any government in any area occupied by the military forces of the Nazi government of Germany, "(C) any government established with the assistance or cooperation of the Nazi government of Germany, or "(D) any government which was an ally of the Nazi government of Germany, ordered, incited, assisted, or otherwise participated in the persecution of any person because of race, religion, national origin, or political opinion.". SEC. 102. Section 212(d)(3) of such Act (S U.S.C. 1182(d)(3)), relating to waiver of exclusions for certain non-immigrants, is amended by striking out "(27) and (29)" and inserting in lieu thereof "(27), (29), and (33)" each place it appears. SEC. 103. Section 241(a) of the Immigration and Nationality Act (8 U.S.C. 1251(a)), relating to general classes of deportable aliens, is amended— (1) by striking out "or" at the end of paragraph (17); (2) by striking out the period at the end of paragraph (18) and inserting in lieu thereof "; or"; and (3) by adding immediately after paragraph (18) the following new paragraph: "(19) during the period beginning on March 23, 1933, and ending on May 8, 1945, under the direction of, or in association with— " (A) the Nazi government of Germany, "(B) any government in any area occupied by the military forces of the Nazi government of Germany,

39-194 O—80—pt. 2

50: QL3

Oct. 30, 1978 [H.R. 12509]

Immigration and Nationality Act, amendment.

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text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/786

 92 STAT. 2066

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PUBLIC LAW 95-549—OCT. 30, 1978 " (C) any government established with the assistance or cooperation of the Nazi government of Germany, or " (D) any government which was an ally of the Nazi government of Germany, ordered, incited, assisted, or otherwise participated in the i^ersecution of any person because of race, religion, national origin, or political opinion.". SEC. 104. Section 243(h) of the Immigration and Nationality Act (8 U.S.C. 1 2 5 3 (h)), relating to withholding of deportation, is amended by inserting " (other than an alien described in section 241(a) ( 1 9)) " after " The Attorney General is authorized to withhold deportation of any alien". SEC. 105. Section 244(e) of the Immigration and Nationality Act (8 U.S.C. 1254(e)), r e l a t m g to voluntary departure of aliens under deportation proceedings, is amended by striking out " o r ( 1 8) " and inserting in lieu thereof " (18), or (19)". TITLE II

22 USC 2601 °ote. Effective date. 22 USC 2601

SEC. 201. Section 2(b) of the Indochina Migration and Refugee Assistance Act of 1975 is amended to read as follows: "None of the funds authorized to be appropriated by subsection (a) may be available for obligation after September 30, 1979.". SEC. 202. The amendments made by this title shall take effect on October 1, 1978.

note.

Approved October 30, 1978.

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LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1452 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 124 (1978): Sept. 26, considered and passed House. Oct. 10, considered and passed Senate, amended. Oct. 13, House concurred in Senate amendment.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/787

 PUBLIC LAW 95-550—OCT. 30, 1978

92 STAT. 2067

Public Law 95-550 95th Congress An Act To provide for conveyance of certain lands near Dixon, New Mexico, to the University of New Mexico.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subject to the conditions and limitations specified in this Act, the Secretary of the Interior (hereinafter referred to as the "Secretary") is authorized and directed to convey at fair market value to the University of New Mexico all right, title, and interest of the United States in the following described land comprising approximately one hundred and ten acres: Southeast quarter of the southwest quarter; south half of the northeast quarter of the southwest quarter; southwest quarter of the southeast quarter; and the southwest quarter of the northwest quarter of the southeast quarter, section 29, township 23 north, range 11 east, New Mexico principal meridian. SEC. 2. Conveyance under this Act shall be made only (a) upon the University of New Mexico providing satisfactory assurances to the Secretary that no valid mining claims exist on the described lands, other than the patented mining claims of Doctor Arthur Montgomery; and (b) upon the condition that the described land shall be held and used by the University of New Mexico and shall not be conveyed by the university, and the minerals thereunder shall not be mined and sold in commercial quantities: Provided, That if the Secretary of the Interior determines that mining of the minerals contained in the described lands is necessary for the security of the United States, the University of New Mexico shall lease the lands for mining to such person as may be designated by the Secretary under the terms of a lease to be prepared by the Secretary, with any royalties to be paid to the United States. The patent conveying the lands to the University of New Mexico shall contain such provision. SEC. 3. No conveyance shall be made unless application for conveyance is filed by the university with the Secretary within six months of the date of approval of this Act. SEC. 4. The Secretary may in his discretion require that he be furnished a perimeter survey of the described lands. All costs of obtaining such survey and any costs of supplying the Secretary with the proof that no valid unpatented mining claims exist on the property, shall be borne by the university.

Oct. 30, 1978 [S. 14031 University of New Mexico. Land conveyance:.

Perimeter survey.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/788

 92 STAT. 2068

PUBLIC LAW 95-550—OCT. 30, 1978 SEC. 5. No conveyance shall be made under this Act until the university has shown to the satisfaction of the Secretary that all right, title, and interest of Doctor Arthur Montgomery to unpatented mining claims and the existing patented mining claim in the above described lands have been conveyed to the University of New Mexico. Approved October 30, 1978.

LEGISLATIVE HISTORY: SENATE REPORT No. 95-1301 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 124 (1978): Oct. 13, 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/789

 PUBLIC LAW 95-551—OCT. 30, 1978

92 STAT. 2069

Public Law 95-551 95th Congress An Act To amend title 10, United States Code, to modernize the permanent faculty structure a t the United States Military Academy, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 4331 of title 10, United States Code, is amended to read as follows: "§4331. Establishment; Superintendent; faculty "(a) There is in the Department of the Army a United States Military Academy, at West Point, New York, in this chapter called the 'Academy', for the instruction and preparation for military service of selected persons called 'cadets'. The organization of the Academy shall be prescribed by the Secretary of the Army. " (b) There shall be at the Academy the following: "(1) A Superintendent. "(2) A Dean of the Academic Board, who is a permanent professor. "(3) A Commandant of Cadets. "(4) Twenty-two permanent professors. "(5) A chaplain. "(6) A director of admissions.". SEC. 2. Sections 3075(b)(2), 3204(2), 3205(a)(3), 3283(a), 3296 (a), 3883, 3886, 4333 (c) and (d), 4334(d), and 4336 (b) and (c) of title 10, United States Code, are each amended by striking out "registrar" each place it appears in such sections and inserting in lieu thereof "director of admissions". SEC. 3. (a) Section 4338 of title 10, United States Code, is repealed, (b)(1) Section 207 of title 37, United States Code, is amended by striking out subsection (b) and redesignating subsections (c), (d), (e), and (f) as subsections (b), (c), (d), and (e), respectively. (2) Section 424 of such title is amended by striking out subsection (b) and redesignating subsections (c), (d), (e),and (f) as subsections (b), (c), (d), and (e), respectively. SEC. 4. (a) The section heading of section 4336 of title 10, United States Code, is amended to read as follows: "§4336. Permanent professors; director of admissions". (b) The table of sections at the beginning of chapter 403 of such title is amended— (1) by striking out the item relating to section 4331 and inserting in lieu thereof the following: "4331. Establishment; Superintendent; faculty.";

Oct. 30. 1978 [H.R. 13416]

U.S. Military Academy, N.Y. Permanent faculty structure, modernization.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/790

 92 STAT. 2070

PUBLIC LAW 95-551—OCT. 30, 1978 (2) by striking out the item relating to section 4336 and inserting in lieu thereof the following: "4336. Permanent professors; director of admissions."; and (3) by striking out the item relating to section 4338. Approved October 30, 1978.

..i^ttm.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1657 (Comm. on Armed Services). CONGRESSIONAL RECORD, Vol. 124 (1978): Oct. 2, considered and passed House. Oct. 14, considered and passed Senate.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/791

 PUBLIC LAW 95-552—OCT. 30, 1978

92 STAT. 2071

Public Law 95-552 95th Congress An Act To increase the price of migratory-bird limiting and conservation stamps and to provide for consultation by the Secretary of the Interior with State and local authorities before migratory bird areas are recommended for purchase or rental, and for other purposes. Be it enacted 'by the Senate and Hause of Representatives of the United States of America in Congress assembled, That section 2 of such Act of March 16, 1934 (16 U.S.C. 718b) is amended— (1) by inserting " (a) " immediately before the first word thereof; (2) by striking out " For each such stamp sold under the provisions of this section" in the t h i r d sentence and inserting in lieu thereof "Except as provided in subsection (b), for each stamp sold under the provisions of this section for any h u n t i n g year "; and (3) by adding at the end thereof the following new subsection: " (b) The Postal Service shall collect $7.50 for each stamp sold under the provisions of this section for any h u n t i n g year if the Secretary of the Interior determines, at any time before February 1 of the calendar year in which such h u n t i n g year begins, that all sums in the migratory bird conservation fund attributable to— " (1) amounts appropriated pursuant to the Act for the fiscal year ending in the immediately preceding calendar year; and " (2) the sale of stamps under this section during such fiscal year have been obligated for expenditure. For purposes of this section, the term 'hunting year' means the 12-month period beginning on July 1 of any such year,". SEC. 2. Section 4 of the Migratory B i r d Conservation Act (16 U.S.C. 7l5c) is amended to read as follows: " SEC. 4. The Secretary of the Interior may not recommend any area for purchase or rental under the terms of this Act unless the Secretary of the Interior— " (1) has determined that such area is necessary for the conservation of migratory b i r d s; and " (2) has consulted with the county or other unit of local government in which such area is located and with the Governor of the State concerned or the appropriate State agency.". Approved October 30, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1518 (Coram, on Merchant Marine and Fisheries). CONGRESSIONAL RECORD, Vol. 124 (1978): Sept. 25, considered and passed House. Oct. 6, considered and passed Senate, amended. Oct. 14, House concurred in Senate amendments-

Oct. 30, 1978 [H.R. 13372]

Migratory-bird hunting and conservation stamps, price increase.

Areas for rental or purchase, consultation.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/792

 92 STAT. 2072

PUBLIC LAW 95-553—OCT. 30, 1978

Public Law 95-553 95th Congress An Act Oct. 30, 1978 [S. 3551]

16 USC 1030. 16 USC 1034.

(JIQ make technical corrections in the North Pacific Fisheries Act of 1954.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the North Pacific Fisheries Act of 1954 (16 U.S.C. 1021 et seq.) is amended as follows: (1) Paragraph (2) of subsection (b) of section 11 is amended by striking out the word "subsection"; and (2) Paragraph (3) of subsection (a) of section 14 is amended by striking out the period and inserting in lieu thereof a semicolon. Approved October 30, 1978.

LEGISLATIVE HISTORY: CONGRESSIONAL RECORD, Vol. 124 (1978): Oct. 5, 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/793

 PUBLIC LAW 95-554—OCT. 30, 1978

92 STAT. 2073

Public Law 95-554 95th Congress An Act To further amend the Mineral Leasing Act of 1920 (30 U.S.C. 201(a)), to authorize the Secretary of the Interior to exchange Federal coal leases and to encourage recovery of certain coal deposits, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) notwithstanding any provision of law to the contrary and notwithstanding the provisions of section 2(a)(1) of the Mineral Leasing Act of 1920, as amended (30 U.S.C. 201(a)(1)), the Secretary of the Interior is authorized to issue leases for coal on other Federal lands in the State of Utah to the lease applicant named in preference right lease applications serial numbers U1362, U1363, U1375, U5233, U5234, U5235, U5236, and U5237 upon surrender and relinquishment by the applicant of such preference right lease applications and all right to lease the lands covered by such applications, such surrender and relinquishment to be made in exchange for the lease or leases to be issued by the Secretary. (b) Notwithstanding any provision of law to the contrary and notwithstanding the provisions of section 2(a)(1) of the Mineral Leasing Act of 1920, as amended (30 U.S.C. 201(a)(1)), the Secretary of the Interior is authorized to issue leases for coal on other Federal lands in the State of Wyoming to the owner or owners of Federal coal leases serial numbers W0313666, W0111833, W073289, W0S12311, and W0313668, B025369, W0256663, W5035, W0322794 covering lands in the State of Wyoming upon the surrender and relinquishment of such leases or portions thereof. (c) The leases to be issued by the Secretary pursuant to the authority granted by subsections (a) and (b) of this Act and the leases or portions thereof or rights to leases to be exchanged therefor shall be of equal value. If such leases or portions thereof or rights to leases are not of equal value, the Secretary is authorized to receive, or pay out of funds available for that purpose, cash in an amount up to 25 per centum of the value of the coal lease or leases to be issued by the Secretary in order to equalize the value of the lease or lease rights to be exchanged. (d) Any exchange lease issued by the Secretary under the authority of this Act shall contain the same terms and conditions as those leases surrendered, or in case of a surrendered lease right, the same terms and conditions as those to which the lease applicant would be entitled. (e) This subsection does not require or obligate the Secretary to take any action or to make any commitment to a lessee or lease applicant with respect to issuance, administration, or development of any lease. SEC. 2. Section 2(a)(1) of the Mineral Leasing Act of 1920, as amended (30 U.S.C. 201(a)(1)), is further amended by striking the period at the end of the first sentence and inserting in lieu thereof the following:": Provided, That notwithstanding the competitive bidding requirement of this section, the Secretary may, subject to such conditions which he deems appropriate, negotiate the sale at fair market value of coal the removal of which is necessary and incidental to the

Oct. 30, 1978 [S. 3189]

Mineral Leasing Act of 1920, amendment. Coal lease authorizations.

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Page:Folk-lore - A Quarterly Review. Volume 10, 1899.djvu/246

 208 you?" asked the second lad. "This," replied the woman, pointing to five boxes which they had with them. "These contain great 'medicine.' In these are wasps and flies and mosquitos, and wind and smoke. We have only to open these boxes to drive off anybody," and as they spoke one of the two opened the wasp box a little, into which Clatkeq, or Funny-boy, the second youth, was peering, and a wasp came out and stung him on the face. "You will let us have a salmon for supper, won't you?" now asked Benign-face. But the witches answered him angrily, and bade them be off. Benign-face took no notice of this, but told his elder brother to take a spear and catch a salmon below the weir or dam. While the brother was doing this, Benign-face took a piece of wood and made a dish from it for the salmon, which they placed upon it when cooked. They ate every morsel of the fish. Then Benign-face took the dish and, transferring some of his own mystic power into it, threw it into the middle of the stream above the barrier which the witches had erected. Immediately the waters began to boil and rage, and the dish was carried down against the barrier, which it struck with such force that it broke a large hole in the middle of it, and the salmon at once began to pass through. The witches now tried to mend the gap and keep the salmon back; but while they were thus employed Funny-boy opened the boxes and let out all their contents. Seeing this, the two women left the dam and tried to imprison their "medicine" again. But it was too late; for the smoke and the wind and the wasps and the flies and the mosquitos were scattered all over the country, and the escaped wind had agitated the river so much that it swept away the remainder of the witches' barrier, and thus they lost both "medicine" and dam. But before they had time to do more than realise that they had been outwitted. Benign-face transformed them into two rocks. The scene of these events was at a spot a few miles above Spence's Bridge; but the two rocks have since been so badly cut away by the action of the water that little if any of them is now to be seen there.

Going on from here, they came some time after to a solitary keekwilee-house, and finding no one to ask them in, they entered and made themselves at home. The remains of a small fire burned in the fire-hole, round which, as the weather was cold, they sat and tried to warm themselves. "I wish there were some wood in the place," said Funny-boy presently, as he looked round for some


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Page:United States Statutes at Large Volume 92 Part 2.djvu/794

 PUBLIC LAW 95-554—OCT. 30, 1978

92 STAT. 2074

30 USC 202a.

Evaluation and review.

Acquisition authorization.

Exchanges.

exercise of a right-of-way permit issued pursuant to title V of the Federal Land Policy and Management Act of 1976.". SEC. 3. Section 3 of the Mineral Leasing Act of 1920, as amended (30 U.S.C. 203), is further amended by adding after the word "contiguous", the words "or cornering", and by deleting the period at the end of the second sentence thereof and adding the following clause: "except that nothing in this section shall require the Secretary to apply the production or mining plan requirements of section 2(d)(2) and 7(c) of this Act (30 U.S.C. 201(d)(2) and 207(c)). The minimum royalty provisions of section 7(a) of this Act (30 U.S.C. 207(a)) shall not apply to any lands covered by this modified lease prior to a modification until the term of the original lease or extension thereof which became effective prior to the effective date of this Act has expired.". SEC. 4. Section 37 of the Mineral Leasing Act of 1920 (30 U.S.C. 193) is further amended by the addition of the words "except as provided in sections 206 and 209 of the Federal Land Policy and Management Act of 1976 (90 Stat. 2756, 2757-8), and" after "only in the form and manner provided in this Act," and before the word "except". SEC. 5. Section 30 of the Mineral Leasing Act of 1920, as amended (30 U.S.C. 187) is further amended by striking the word "boy" and inserting in lieu thereof "child" and by striking the phrase "or the employment of any girl or woman, without regard to age,". SEC. 6. (a) The Secretary of the Interior is authorized and directed within nine months of the date of enactment of this Act to evaluate and review the scenic, recreational, fish and wildlife, cultural, historic, and other public values of the reservoir in Johnson County, Wyoming, known as Lake DeSmet and the adjoining and adjacent coal properties. The Secretary's review and evaluation shall be for the purpose of determining whether the Lake DeSmet property shall be acquired for public use and enjoyment by exchange for Federal coal lands. (b) If the Secretary determines that the Lake DeSmet property shall be acquired, he is authorized, with the agreement of the owners of the property, to acquire the Lake DeSmet property by exchanging Federal coal lands, interests in Federal coal lands, or Federal coal leases. (c) The exchange authorized by this section shall be for equal value. To the extent, if any, the value of the lands or interests exchanged are not equal the difference may be adjusted by the payment of money so long as the payment does not exceed 25 per centum of the total value of the lands or interests transferred out of Federal ownership. In determining the value of the Lake DeSmet property, the Secretary is authorized and directed to include the fair market value of the property, considering the acquisition cost of the lands, the value of the coal deposits, water rights and water resource developments, and capital and other appropriate improvements. The exchange of such properties shall be carried out expeditiously in accordance with the provisions of this section and other Federal land exchange authority to the extent such authority is applicable and consistent with this section.

S i t? <.*••

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Page:United States Statutes at Large Volume 92 Part 2.djvu/795

 PUBLIC LAW 95-554—OCT. 30, 1978 (d) The Secretary is authorized to transfer any property acquired pursuant to this section (1) to the appropriate agency in the Department of the Interior for management and administration, or (2) to the State of Wyoming for recreational purposes and fish and wildlife management. Any conveyance to the State of Wyoming shall contain a reservation of all minerals to the United States and shall provide that, if the State ceases to use the property conveyed for fish propagation and wildlife management, title to such property shall revert to the United States. SEC. 7. Effective October 1, 1979, there are authorized to be appropriated to the Secretary such sums as are necessary to carry out the purposes of this Act. SEC. 8. The title of the Federal Coal Leasing Amendments Act of 1975 (Public Law 94-377) is hereby changed to the Federal Coal Leasing Amendments Act of 1976. Approved October 30, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1635 accompanying H.R. 13553 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 95-1169 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 124 (1978): Sept. 20, considered and passed Senate. Oct. 3, H.R. 13553 considered and passed House; passage vacated, and S. 3189, amended, passed in lieu. Oct. 13, Senate concurred in House amendment.

92 STAT. 2075

•

Appropriation authorization, Short title. 30 USC 181note.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/796

 92 STAT. 2076

PUBLIC LAW 95-555—OCT. 31, 1978

Public Law 95-555 95th Congress

J5 H

i';,

An Act Oct. 31, 1978 [S. 995] Pregnancy, sex discrimination, prohibition. 42 USC 2000e. Definitions

42 USC 2000e-2.

Effective date. 42 USC 2000e note.

42 USC 2000e note.

To amend title VII of the Civil Rights Act of 1964 to prohibit sex dlscriminatioB on the basis of pregnancy.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 701 of the Civil Eights Act of 1964 is amended by adding at the end thereof the following new subsection: "(k) The terms 'because of sex' or 'on the basis of sex' include, but are not limited to, because of or on the basis of pregnancy, childbirth, or related medical conditions; and women affected by pregnancy, childbirth, or related medical conditions shall be treated the same for all employment-related purposes, including receipt of benefits under fringe benefit programs, as other persons not so affected but similar in their ability or inability to work, and nothing in section 703(h) of this title shall be interpreted to permit otherwise. This subsection shall not require an employer to pay for health insurance benefits for abortion, except where the life of the mother would be endangered if the fetus were carried to term, or except where medical complications have arisen from an abortion: Provided, That nothing herein shall preclude an employer from providing abortion benefits or otherwise affect bargaining agreements in regard to abortion.". SEC. 2. (a) Except as provided in subsection (b), the amendment made by this Act shall be effective on the date of enactment. (b) The provisions of the amendment made by the first section of this Act shall not apply to any fringe benefit program or fund, or insurance program which is in effect on the date of enactment of this Act until 180 days after enactment of this Act. SEC. 3. Until the expiration of a period of one year from the date of enactment of this Act or, if there is an applicable collectivebargaining agreement in effect on the date of enactment of this Act, until the termination of that agreement, no person who, on the date of enactment of this Act is providing either by direct payment or by

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Page:The Folk-Lore Journal Volume 4 1886.djvu/172

164 From recitation of the same old nurse who told the folk-tales just mentioned. 1883.


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Page:United States Statutes at Large Volume 92 Part 2.djvu/797

 PUBLIC LAW 95-555—OCT. 31, 1978 making contributions to a fringe benefit fund or insurance program, benefits in violation with this Act shall, in order to come into compliance with this Act, reduce the benefits or the compensation provided any employee on the date of enactment of this Act, either directly or by failing to provide sufficient contributions to a fringe benefit fund or insurance program: Provided, That where the costs of such benefits on the date of enactment of this Act are apportioned between employers and employees, the payments or contributions required to comply with this Act may be made by employers and employees in the same proportion: And provided further, That nothing in this section shall prevent the readjustment of benefits or compensation for reasons unrelated to compliance with this Act. Approved October 31, 1978.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 95-948 accompanying H.R. 6075 (Comm. on Education and Labor) and No. 95-1786 (Comm. of Conference). SENATE REPORT No. 95-331 (Comm. on Human Resources). CONGRESSIONAL RECORD: Vol. 123 (1977): Sept. 15, 16, considered and passed Senate. Vol. 124 (1978): July 18, H.R. 6075 considered and passed House; proceedings vacated and S. 995, amended, passed in lieu. Oct. 13, Senate agreed to conference report. Oct. 15, House agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS: Vol. 14, No. 44 (1978): Oct. 31, Presidential statement.

92 STAT. 2077

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Page:United States Statutes at Large Volume 92 Part 2.djvu/798

 92 STAT. 2078

PUBLIC LAW 95-556—OCT. 31, 1978

Public Law 95-556 95th Congress An Act Oct. 31, 1978 [H.R. 13702] Territory of American Somoa. Nonvoting Delegate to U.S. House of Representatives. 48 USC 1731. Election. 48 USC 1732.

Tenn. Eligibility. 48 USC 1733.

48 USC 1734.

eompensation. 48 USC 1735.

To provide that the Territory of American Samoa be represented by a nonvoting Delegate to the United States House of Representatives, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Territory of American Samoa shall be represented in the United States Congress by a nonvoting Delegate to the House of Representatives, elected as hereinafter provided. SEC. 2. (a) The Delegate shall be elected by the people qualified to vote for the popularly elected officials of the Territory of American Samoa at the general Federal election of 1980, and thereafter at such general election every second year thereafter. The Delegate shall be elected at large, by separate ballot, and by a majority of the votes cast for the office of Delegate. If no candidate receives such majority, on the fourteenth day following such election a runoff election shall be held between the candidates receiving the highest and the second highest number of votes cast for the office of Delegate. In case of a permanent vacancy in the office of Delegate, by reason of death, resignation, or permanent disability, the office of Delegate shall remain vacant until a successor shall have been elected and qualified. (b) The term of the Delegate shall commence on the third day of January following the date of the election. SEC, 3. To be eligible for the office of Delegate a candidate shall— (a) be at least twenty-five years of age on the date of the election; (b) have been a United States citizen for at least seven years prior to the date of the election; (c) be an inhabitant of the Territory of American Samoa; and (d) not be, on the date of the election, a candidate for any other office. SEC. 4. Acting pursuant to legislation enacted in accordance with section 9, article II of the American Samoan Revised Constitution, the territorial government will determine the order of names on the ballot for election of Delegate, the method by which a special election to fill a vacancy in the office of Delegate shall be conducted, the method by which ties between candidates for the office of Delegate shall be resolved, and all other matters of local application pertaining to the election and the office of Delegate not otherwise expressly provided for herein. SEC. 5. Until the Rules of the House of Representatives are amended to provide otherwise, the Delegate from American Samoa shall receive the same compensation, allowances, and benefits as a Member of the House of Representatives, and shall be entitled to whatever privileges

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Page:United States Statutes at Large Volume 92 Part 2.djvu/799

 PUBLIC LAW 95-556—OCT. 31, 1978 and immunities that are, or hereinafter may be, granted to the nonvoting Delegate from the Territory of Guam: Provided, That the clerk hire allowance for the Delegate from American Samoa shall be a single per annmn gross rate mat is 50 per centum of the clerk hire allowance of a Member of the House of Representatives. Approved October 31, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1458 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD, Vol. 124 (1978): Oct. 3, considered and passed House. Oct. 13, considered and passed Senate. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 14, No. 44: Oct. 31, Presidential statement.

92 STAT. 2079

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Page:United States Statutes at Large Volume 92 Part 2.djvu/800

 PUBLIC LAW 95-557—OCT. 31, 1978

92 STAT. 2080

Public Law 95-557 95th Congress An Act Oct. 3 1. 1978 [S. 3084]

Housing and Community Development Amendments of 1978. 42 USC 5301 note.

To amend and extend certain Federal laws relating to housing, community, and neigliborhood development and preservation, and related programs, and for other purposes.

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

TITLE

1. This Act may be cited as the "Housing and Community Development Amendments of 1978". SECTION

TITLE I—COMMUNITY AND NEIGHBORHOOD DEVELOPMENT AND CONSERVATION REHABILITATION LOANS AND LOAN

42 USC 1452b.

Interest rate.

INSURANCE

SEC. 101. (a) Section 312 of the Housing Act of 1964 is amended— (1) by striking out the undesignated paragraph which follows subsection (a)(3) and inserting in lieu thereof the following new undesignated paragraph: "The Secretary shall, in making loans under this section, give priority to applications by low- and moderate-income persons who own the property to be rehabilitated and will occupy such property upon completion of the rehabilitation, including applications by condominiums and cooperatives in which the residents are principally of low and moderate income. For the purpose of the preceding sentence, the term 'low and moderate income' means income which does not exceed 95 per centum of the median income for the area."; (2) by striking out subsection (c)(3) and inserting in lieu thereof the following: " (3) The loan shall bear interest at such rate as the Secretary determines to be appropriate, but not to exceed 3 per centum per annum for loans to families with adjusted incomes of not more than 80 per centum of the median income for the area. For loans to families with adjusted incomes above 80 per centum of the median income for the area, as determined by the Secretary, the Secretary may establish interest rates based on adjusted family income, ranging from above 3 per centum to a rate determined by the Secretary, but in no case may any such rate exceed the current average market yield on outstanding marketable securities of the United States with remaining periods to maturity comparable to the terms of loans made pursuant to this section, adjusted to the nearest one-eighth of 1 per centum. The Secretary may prescribe such other charges adequate in the judgment of the Secretary to cover administrative costs and possible losses under the program."; (3) by inserting the following before the semicolon at the end of subsection (c)(4)(A): ", or if such refinancing is deemed necessary by the Secretary to minimize displacement of existing tenants of a multif amily property";

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Page:United States Statutes at Large Volume 92 Part 2.djvu/801

 PUBLIC LAW 95-557—OCT. 31, 1978 (4) by striking out "$50,000" in subsection (c)(4)(B) and inserting in lieu thereof "$100,000"; (5) by striking out "and not to exceed $60,000,000 for the fiscal year beginning on October 1, 1977" in subsection (d) and inserting in lieu thereof "not to exceed $60,000,000 for the fiscal year beginning on October 1, 1977, and not to exceed $245,000,000 for the fiscal year beginning on October 1, 1978"; (6) by adding at the end of subsection (d) the following: "Of the amounts available for loans under this section during the fiscal year beginning October 1, 1978, the Secretary may utilize not more than $60,000,000 for rehabilitation loans for multifamily properties."; and (7) by adding at the end thereof the following new subsection: "(i) The Secretary may not, after 270 days following the date of the enactment of this subsection, make any loan under this section with respect to any property unless the Secretary has determined that the improvements to such property, upon completion of the rehabilitation, will meet cost-effective energy conservation standards prescribed by the Secretary.". (b) Section 312 of such Act is amended by adding at the end thereof the following: "(i) Kehabilitation loans under this section for multifamily properties shall be subject to the following additional limitations and conditions: "(1) The property must meet the requirements of subsection (a) and— "(A) be located in a low- or moderate-income neighborhood; or "(B) have a majority of tenants of low and moderate income. All such loans must be consistent with an overall community development strategy developed pursuant to title I of the Housing and Community Development Act of 1974. "(2) The property must have fewer than 100 units, except where the Secretary determines that a loan under this section is essential to meet the community development needs of a neighborhood and alternative sources of financing are not available. "(3) The Secretary shall enter into an agreement with the investor-owner of a multifamily property which is to be rehabilitated with a loan under this section to limit, for a period of at least five years, the increased rent caused by the rehabilitation. "(4) The Secretary shall minimize involuntary displacement caused by rehabilitation loans under this section with respect to multifamily properties, "(i) In conjunction with the annual report required under section 113(a) of the Housing and Community Development Act of 1974, the Secretary shall submit to the Congress a report on the rehabilitation loan program under this section. Such report shall include a summary of the use of funds under this section, particularly with regard to the types of neighborhoods and persons aided under this section, and an evaluation of progress made toward community development goals under this section. As soon as feasible, but not later than December 1, 1979, the Secretary shall submit to Congress an interim report evaluating the use of funds under this section for multifamily properties, with legislative recommendations for improving the overall effectiveness of Federal assistance for the rehabilitation of multifamily properties.". (c)(1) Section 203(k) of the National Housing Act is amended to read as follows:

39-194 O—80—pt. 2

51: QL3

92 STAT. 2081

42 USC 1452b.

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42 USC 5301.;

Reports to Congress. ^^ USC 5313.

12 USC 1709.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/802

 92 STAT. 2082 Commitments to insure loans.

Ante, p. 2080.

"Rehabilitation loan."

'Rehabilitation.

Eligibility.

PUBLIC LAW 95-557—OCT. 31, 1978 "(k)(1) The Secretary may, in order to assist in the rehabilitation of one- to four-family structures used primarily for residential purposes, insure and make commitments to insure rehabilitation loans (including advances made during rehabilitation) made by financial institutions on and after 180 days following the date of the enactment of the Housing and Community Development Amendments of 1978. Such commitments to insure and such insurance shall be made upon such terms and conditions which the Secretary may prescribe and which are consistent with the provisions of subsections (h), (c), (e), (i), and (j) of this section, except as modified by the provisions of this subsection. "(2) For the purpose of this subsection— "(A) the term 'rehabilitation loan' means a loan, advance of credit, or purchase of an obligation representing a loan or advance of credit, made for the purpose of financing— "(i) the rehabilitation of an existing one- to four-unit structure which will be used primarily for residential purposes; "(ii) the rehabilitation of such a structure and the refinancing of the outstanding indebtedness on such structure and the real property on which the structure is located; or "(iii) the rehabilitation of such a structure and the purchase of the structure and the real property on which it is located; and "(B) the term 'rehabilitation'means the improvement (including improvements designed to meet cost-effective energy conservation standards prescribed by the Secretary) or repair of a structure, or facilities in connection with a structure, and may include the provision of such sanitary or other facilities as are required by applicable codes, a community development plan, or a statewide property insurance plan to be provided by'the owner or tenant of the project. "(3) To be eligible for insurance under this subsection, a rehabilitation loan shall— "(A) involve a principal obligation (including such initial service charges, appraisal, inspection, and other fees as the Secretary shall approve) in an amount which does not exceed, when added to any outstanding indebtedness of the borrower which is secured by the structure and the property on which it is located, the amount specified in subsection (b)(2); except that, in determining the amount of the principal obligation for purposes of this subsection, the Secretary shall establish as the appraised value of the property an amount not to exceed the sum of the estimated cost of rehabilitation and the Secretary's estimate of the value of the property before rehabilitation; "(B) bear interest at a rate permitted by the Secretary for mortgages insured under this section; except that the Secretary may permit a higher rate of interest to be applied to the loan with respect to the period beginning with the making of the loan and ending with the completion of the rehabilitation or such earlier time as the Secretary may determine; "(C) be an acceptable risk, as determined by the Secretary; and " (D) comply with such other terms, conditions, and restrictions as the Secretary may prescribe. "(4) Any rehabilitation loan insured under this subsection may be refinanced and extended in accordance with such terms and conditions as the Secretary may prescribe, but in no event for an additional

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Page:United States Statutes at Large Volume 92 Part 2.djvu/803

 PUBLIC LAW 95-557—OCT. 31, 1978

92 STAT. 2083

amount or term which exceeds the maximum provided for in this subsection. "(5) All funds received and all disbursements made pursuant to the authority established by this subsection shall be credited or charged, as appropriate, to the General Insurance Fund, and insurance benefits shall be paid in cash out of such Fund or in debentures executed in the name of such Fund. Insurance benefits paid with respect to loans insured under this subsection shall be paid in accordance with paragraphs (6) and (7) of section 220(h), except that any reference to 12 USC 1715k. 'this subsection' in such paragraphs shall be construed as referring to this subsection.". 12 USC 1709. (2) Section 203(c) of such Act is amended— (A) by striking out "subsection (n) is" in the first proviso and inserting in lieu thereof "subsections (n) and (k) are"; and (B) by inserting "or (k) " after "subsection (n) " the second time it appears in such proviso. (3) The proviso in the first sentence of section 302(b)(1) of such 12 USC 1717. Act is amended by inserting "or section 203(k) " after "title VIII " in clause (3). URBAN HOMESTEADING

SEC. 102. (a) Section 810(f) of the Housing and Community Development Act of 1974 is amended— 12 USC 1706e. (1) by inserting "and the Administrator of Veterans' Affairs" after "Secretary" the first place it appears; and (2) by inserting "or the Administrator" after "Secretary" the second place it appears. (b) The first sentence of section 810(g) of such Act is amended— (1) by striking out "and" immediately following "fiscal year 1977,"; and (2) by inserting the following before the period at the end thereof: ", and not to exceed $26,000,000 for the fiscal year 1979". COMMUNITY nEVELOPMENT BLOCK GRANT PR(XiRAM AMENDMENTS

SEC. 103. (a) Section 104(a)(4)(A) of the Housing and Comnmnity Development Act of 1974 is amended by inserting "owners of 42 USC 5304. homes requiring lehabilitation assistance," after "large families," (b) Section 104(a)(4)(B)(i) of such Act is amended by inserting "including existing rental and owner occupied dwelling units to be upgraded and thereby preserved," after "existing dwelling units,". (c) Section 104(a) of such Act is amended by inserting after "expected to reside in the community" in paragraphs (3)(C) and (4)(A) the following: "as a result of existing or projected employment opportunities in the community (and those elderly persons residing in or expected to reside in the community), or as estimated in a community accepted State or regional housing opportunity plan approved by the Secretary,". (d) Section 104(c) of such Act is amended by adding the following new sentence at the end thereof: "The Secretary may not disapprove an application on the basis that such application addresses any one of the primary purposes described in paragraph (^3) to a greater or lesser degree than any other, except that such application may be disapproved if the Secretary determines that the extent to which a primary purpose is addressed is plainly inappropriate to meeting the needs and objectives which are consistent with the community's efforts to achieve the primary objective of this title.".

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Page:United States Statutes at Large Volume 92 Part 2.djvu/804

 92 STAT. 2084 Relocation payments.

42 USC 5305. Technical assistance.

42 USC 5307.

42 USC 5318.

PUBLIC LAW 95-557—OCT. 31, 1978 (e) Section 105(a) (11) of such Act is amended to read as follows: "(11) relocation payments and assistance for displaced individuals, families, businesses, organizations, and farm operations, when determined by the grantee to be appropriate to the community development program;". (f) The last sentence of section 107(a)(8) of such Act is amended to read as follows: "The Secretary may also provide, directly or through contracts, technical assistance under this paragraph to such governmental units, or to a group designated by such a governmental unit for the purpose of assisting that governmental unit to carry out its Community Development Program.". (g) Section 119(c) of such Act is amended— (1) by striking out "and" at the end of clause (4); (2) by striking out the period at the end of clause (5) and inserting in lieu thereof "; and"; and (3) by adding at the end thereof the following: "(6) include a statement analyzing the impact of the proposed urban development action program on the residents, particularly those of low and moderate income, of the residential neighborhood, and on the neighborhood, in which the program is to be located.", (h) Section 119(e) of such Act is amended by inserting before "arid feasibility" the following: "impact of the proposed urban development action program on the residents, particularly those of low and moderate income, of the residential neighborhood, and on the neighborhood, in which the program is to be located;". (i) Title I of such Act is amended by adding at the end thereof the following new section: FAIR PARTICIPATION FOR SMALL

42 USC 5319.

COMMUNITIES

"SEC. 120. No community shall be barred from participating in any program authorized under this title solely on the basis of population, except as expressly authorized by statute.". EFFECTIVE DATE

12 USC 1709 note.

SEC. 104. The amendments made by this title shall become effective October 1, 1978. TITLE II—HOUSING ASSISTANCE PKOGRAMS OPERATING ASSISTANCE FOR TROUBLED M U L T I F A M I L Y HOUSING PROJECTS

12 USC 1715z-la. 12 USC 1701. 12 USC 1701 note.

SEC. 201. (a) The purposes of this section are to provide assistance to restore or maintain the financial soundness, to assist in the improvement of the management, and to maintain the low- to moderate-income character of certain projects assisted or approved for assistance under the National Housing Act or under the Housing and Urban Development Act of 1965. (b) The Secretary of Housing and Urban Development (hereinafter referred to in this section as the "Secretary") may make available, and contract to make available, to such extent and in such amounts as may be approved in appropriation Acts, financial assistance to owners of rental or cooperative housing projects meeting the requirements of this section. Such assistance shall be made on an annual basis and in accordance with the provisions of this section. (c) a rental or cooperative housing project is eligible for assistance under this section only if such project—

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Page:United States Statutes at Large Volume 92 Part 2.djvu/805

 PUBLIC LAW 95-557—OCT. 31, 1978 (1)(A) is assisted under section 236 or the proviso of section 221(d)(5) of the National Housing Act, or under section 101 of the Housing and Urban Development Act of 1965; except that, in the case of any such project which is not insured under the National Housing Act such assistance may not be provided before October 1, 1979; or (B) met the criteria specified in subparagraph (A) of this paragraph before the acquisition of such project by the Secretary and has been sold by the Secretary, subject to a mortgage insured or held by the Secretary and subject to an agreement (in effect during the period of assistance under this section) which provides that the low- and moderate-income character of the project will be maintained; except that, with respect to projects sold after October 1, 1978, assistance shall be available for a period not to exceed three years; and (2) meets such other requirements consistent with the purposes of this section as the Secretary may prescribe. (d) No assistance may be made available under this section unless the Secretary has determined that— (1) such assistance, when considered with other resources available to the project, is necessary and, in the determination of the Secretary, will restore or maintain the financial soundness of the project and maintain the low- and moderate-income character of the project; (2) the assistance which could reasonably be expected to be provided over the useful life of the project will be less costly to the Federal Government than other reasonable alternatives by which the Secretary could maintain the low- and moderateincome character of the project; (3) the owner of the project, together with the mortgagee in the case of a project not insured under the National Housing Act, has provided or has agreed to provide assistance to the project in such manner as the Secretary may determine; (4) the project is or can reasonably be made structurally sound, as determined on the basis of information obtained as a result of an onsite inspection of the project; (5) the management of the project is being conducted by persons who meet minimum levels of competency and experience prescribed by the Secretary; and (6) the project is being operated and managed in accordance with a management-improvement-and-operating plan which ia designed to reduce the operating costs of the project, which has been approved by the Secretary, and which includes the following: (A) a detailed maintenance schedule; (B) a schedule for correcting past deficiencies in maintenance, repairs, and replacements; (C) a plan to upgrade the project to meet cost-effective energy efficiency standards prescribed by the Secretary; (D) a plan to improve financial and management control systems; (E) a detailed annual operating budget taking into account such standards for operating costs in the area as may be determined by the Secretary; and (F) such other requirements as the Secretary may determine. (e) Prior to making assistance available to a project, the Secretary shall consult with the appropriate officials of the unit of local government in which such project is located and seek assurances that— (1) the community in which the project is located is or will provide essential services to the project in keeping with the community's general level of such services;

92 STAT. 2085 12 USC 1715z1715Z. 79 Stat. 451. 12 USC 1701.

Consultation,

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Page:United States Statutes at Large Volume 92 Part 2.djvu/806

 92 STAT. 2086

PUBLIC LAW 95-557—OCT. 31, 1978

(2) the real estate taxes on the project are or will be no greater f , than would be the case if the property were assessed in a manner consistent with normal property assessment procedures for the community; and (3) assistance to the project under this section would not be inconsistent with local plans and priorities. (f)(1) The Secretary may, with respect to any year, provide assistance under this section, and make commitments to provide such assistance, with respect to any project in any amount which the Secretary determines is consistent with the project's management-improvement-and-operating plan described in subsection (d)(6) and which does not exceed the sum of— (A) an amount determined by the Secretary to be necessary to correct deficiencies in the project which exist at the beginning of the first year with respect to which assistance is made available for the project under this section, which were caused by the deferral of regularly scheduled maintenance and repairs or the failure to make necessary and timely replacements of equipment and other components of the project, and for which payment has not previously been made; (B) an amount determined by the Secretary to be necessar^^ to maintain the low- and moderate-income character of the project by reducing deficiencies, which exist at the beginning of the first year with respect to which assistance is made available for the project under this section and for which payment has not previously been made, in the reserve funds established by the project owner for the purpose of replacing capital items; and (C) an amount not greater than the amount by which the estimated operating expenses (as described in paragraph (2) of this subsection) for the year with respect to which such assistance is made available exceeds the estimated revenues to be received (as described in paragraph (2) of this subsection) by the project during such year. (2) The estimated revenues for any project under paragraph (1) (C) of this subsection with respect to any year shall be equal to the sum of— (A) the estimated amount of rent which is to be expended by the tenants of such project during such year, as determined by the Secretary without regard to section 236(f)(1) of the National 12 USC 1715Z-1. Housing Act; (B) the estimated amount of rental assistance payments to be made on behalf of such tenants during such year, other than assistance made under this section; (C) the estimated amount of a^istance payments to be made on behalf of the owner of such project under section 221(d)(5) or 12 USC 1715/, section 236 of the National Housing Act during; such year; and 1715z-l. (D) other income attributable to the project as determined by the Secretary; except that— (E) in computing the estimated amount of rent to be expended by tenants, the Secretary shall provide that (i) at least 25 percent (or such lesser percentage as is provided for under any other Federal housing assistance program in which such tenant is participating) of the income of each such tenant is included, or (ii) in the case of a tenant paying his or her own utilities, a percentage of income which is less than 25 percent and which takes into account the reasonable costs of such utilities; except that no amount shall be provided for any tenant under clause (i) or (ii)

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Page:United States Statutes at Large Volume 92 Part 2.djvu/807

 PUBLIC LAW 95-557—OCT. 31, 1978 which exceeds the fair market rental charge as determined pursuant to section 236(f)(1) of the National Housing Act for such tenant; and (F) in computing the estimated amount of rent to be expended by tenants and the estimated amount of rental assistance payments to be made on behalf of such tenants, the Secretary may permit a delinquency-and-vacancy allowance of not more than 6 per centum of the estimated amount of such rent and payments computed without regard to such allowance; except that, with respect to the first three years in which assistance is provided to a project under this section, the Secretary may permit such allowance for such project to exceed such 6 percent by an amount which the Secretary determines is appropriate to carry out the purposes of this section. For purposes of computing estimated operating expenses of any such project with respect to any year, the Secretary shall include all estimated operating costs which the Secretary determines to be necessary and consistent with the management-improvement-and-operating plan for the project for such year, including, but not limited to, taxes, utilities, maintenance and repairs (except for maintenance and repairs which should have been performed in previous years), management, insurance, debt service, and payments made by the owner for the purpose of establishing or maintaining a reserve fund for replacement costs. The Secretary may not include in such estimated operating expenses any return on the equity investment of the owner in such project. (3) In order to carry out the purposes of this section, the Secretary may, notwithstanding the provisions of section 236(f)(1) of the National Housing Act, provide that, for purposes of establishing a rental charge under such section, there may be excluded from the computation of the cost of operating a project an amount equivalent to the amount of assistance payments made for the project under this section. (4) Any assistance payments made pursuant to this section with respect to any project shall be made on an annual basis, payable at such intervals, but at least quarterly, as the Secretary may determine, and may be in any amount (which the Secretary determines to be consistent with the purpose of this section), except that the sum of such assistance payments for any year may not exceed the amount computed pursuant to paragraph (1) of this subsection. The Secretary shall review the operations of the project at the time of such payments to determine that such operations are consistent with the managementimprovement-and-operating plan. (g) The Secretary is authorized to issue such rules and regulations as may be necessary to carry out the provisions and purposes of this section, including regulations requiring the establishment of a project reserve or such other safeguards as the Secretary determines to be necessary for the financial soundness of any project for which assistance payments are provided. (h) There is authorized to be appropriated, for the purpose of providing financial assistance under this section, an amount (in addition to any amount appropriated for use under this section pursuant to section '236(f)(3)(B) of the National Housing Act, not to exceed $74,000,000 for the fiscal year 1979. Any amounts appropriated under this section shall remain available until expended, (i) Effective October 1, 1978, section 236 of the National Housing Act is amended— (1) in subsection (f)(3)— (A) by inserting ^' (A) " after " (3)";

92 STAT. 2087 12 USC 1715Z-1.

Estimated operated expenses, computation.

Annual assistance payments.

Review.

Rules and regulations.

Appropriation authorization.

Effective date. 12 USC 1715Z-1.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/808

 92 STAT. 2088

PUBLIC LAW 95-557—OCT. 31, 1978 (B) by striking out "The" in the second sentence and inserting in lieu thereof "For each fiscal year prior to the fiscal year 1979, the"; and (C) by adding at the end thereof the following: "(B) The Secretary shall utilize amounts credited to the fund described in subsection (g) on or after October 1, 1978, for the sole purpose of carrying out the purposes of section 201 of the Housing and Community Development Amendments of 1978. No payments may be made from such fund unless approved in an appropriation Act. No amount may be so approved for any fiscal year beginning after September 30,1^79."; and (2) by striking out the third and fourth sentences of subsection (g). T E N A N T PARTICIPATION I N M U L T I P A M I L Y HOUSING PROJECTS

12 USC 1715z-lb.

SEC. 202. (a) The purpose of this section is to recognize the importance and benefits of cooperation and participation of tenants in creating a suitable living environment in multifamily housing projects and in contributing to the successful operation of such projects, including their good physical condition, proper maintenance, security, energy "Multifamily efficiency, and control of operating costs. For the purpose of this sechousing project." tion, the term "multifamily housing project" means a project which is eligible for assistance as described in section 201(c) of this Act. (b) The Secretary shall assure that— (1) where the Secretary's written approval is required with respect to an owner's action and the Secretary deems it appropriate, tenants have adequate notice of, reasonable access to relevant information about, and an opportunity to comment on such actions (and in the case of a project owned by the Secretary, any proposed disposition of the project) and that such comments are taken into consideration by the Secretary; (2) project owners not interfere with the efforts of tenants to obtain rent subsidies or other public assistance; (3) leases approved by the Secretary provide that tenants may not be evicted without good cause or without adequate notice of the reasons therefor and do not contain unreasonable terms and conditions; and (4) project owners do not impede the reasonable efforts of resident tenant organizations to represent their members or the reasonable efforts of tenants to organize. Regulations. (c) The Secretary shall promulgate regulations to carry out the provisions of this section not later than 90 days after the date of enactment of this Act. MANAGEMENT AND PRESERVATION OF HUD-OWNED M U I j T i r A M I L Y HOUSING PROJECTS

12 USC

1701Z-11. 12 USC 1701.

SEC. 203. (a) It is the policy of the United States that the Secretary of Housing and Urban Development (hereinafter referred to as the "Secretary") shall manage and dispose of multifamily housing projects which are owned by the Secretary in a manner consistent with the National Housing Act and this section. The purpose of the property management and disposition program of the Department of Housing and Urban Development shall be to manage and dispose of projects in a manner which will protect the financial interests of the Federal Government and be less costly to the Federal Government

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Page:United States Statutes at Large Volume 92 Part 2.djvu/809

 PUBLIC LAW 95-557—OCT. 31, 1978

92 STAT. 2089

than other reasonable alternatives by which the Secretary can further the goals of— (1) preserving the housing units so that they can remain available to and affordable by low- and moderate-income families; (2) preserving and revitalizing residential neighborhoods; (3) maintaining the existing housing stock in a decent, safe, and sanitary condition; (4) minimizing the involuntary displacement of tenants; and (5) minimizing the need to demolish projects. The Secretary, in determining the manner by which a project shall be managed or disposed of, may balance competing goals relating to individual projects in a manner which will further the achievement of the overall purpose of this section. (b) The Secretary is authorized, in carrying out this section— (1) to dispose of a niultifamily housing project owned by the Secretary on a negotiated, competitive bid, or other basis, on such terms as the Secretary deems appropriate considering the lowand moderate-income character of the project and the requirements of subsection (a) of this section, to a purchaser determined by the Secretary to be capable of (A) satisfying the conditions of the disposition; (B) implementing a sound financial and physical management program; (C) responding to the needs of the tenants and working cooperatively with resident organizations; (D) providing adequate organizational, staff and financial resources to the project; and (E) meeting such other requirements as the Secretary may determine; and (2) to contract for management services for a multifamily housing project, owned by the Secretary, on a negotiated, competitive bid, or other basis at a price determined by the Secretary to be reasonable, with a manager the Secretary has determined is capable of (A) implementing a sound financial and physical management program, (B) responding to the needs of the tenants and working cooperatively with resident organizations, (C) providing adequate organizational, staff, and other resources to implement a management program determined by the Secretary, and (D) meeting such other requirements as the Secretary may determine. (e) Except where the Secretary has determined on a case-by-case basis that it would be clearly inappropriate, given the manner by which an individual project is to be managed or disposed of pursuant to subsection (a) of this section, the Secretary shall seek to— (1) maintain all occupied multifamily housing projects owned by the Secretary in a decent, safe, and sanitary condition; and (2) to the greatest extent possible, maintain full occupancy in all multifamily housing projects owned by the Secretary. (d)(1) Whenever tenants will be displaced as a result of the dis- Tenant position of, or repairs to, a multifamily housing project owned by the displacement, Secretary, the Secretary shall identify tenants who will be displaced, notification. and shall notify all such tenants of their pending displacement and of any relocation assistance which may be available. (2) The Secretary shall seek to assure the maximum opportunity for any such tenant— (A) to return, whenever possible, to a repaired unit; (B) to occupy a unit in another multifamily housing project owned by the Secretary; (C) to obtain housing assistance under the United States Housing Act of 1937; or 42 USC 1437 note.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/810

 92 STAT. 2090

PUBLIC LAW 95-557—OCT. 31, 1978

(D) to receive any other available relocation assistance as the Secretary determines to be appropriate. (e) Notwithstanding any other provision of law, whenever the Secretary is requested to accept assignment of a mortgage insured by the Secretary which covers a multifamily housing project, and the Secretary determines that partial payment would be less costly to the Federal Government than other reasonable alternatives for maintaining the low- and moderate-income character of the project, the Secretary may request the mortgagee in lieu of assignment, to accept partial payment of the claim under the mortgage insurance contract and to recast the mortgage, under such terms and conditions as the Secretary may determine. As a condition to a partial claim payment under this section, the mortgagor shall agree to repay to the Secretary the amount of such payment and such obligation shall be secured by a second mortgage on the property on such terms and conditions as the Secretary may determine. "Multifamily (f) For the purpose of this section, the term "multifamily housing housing project." project" means a multifamily project which is, or prior to acquisition by the Secretary was, assisted under section 236, the proviso of section 12 USC 1715Z-1, 221(d)(5) of the National Housing Act, or section 101 of the Housing 12 USC 1715/. and Urban Development Act of 1965, and which is insured under the 12 USC 1701. National Housing Act. Rules and (g) The Secretary shall issue such rules and regulations as may regulations. be necessary to carry out the provisions of this section within 90 days after the date of enactment of this Act. HOUSING ACCESS

12 USC 1701z-12.

42 USC 1437f.

SEC." 204. The Secretary shall require any purchaser of a multifamily housing project owned by the Secretary which is sold on or after October 1, 1978, to agree not to refuse unreasonably to lease a vacant dwelling unit in the project which rents for an amount not greater than the fair market rent for a comparable unit in the area as determined by the Secretary under section 8 of the United States Housing Act of 1937 to a holder of a certificate of eligibility under that section solely because of such prospective tenant's status as a certificate holder. HOUSING FOR THE

12 USC 1701q.

HANDICAPPED

SEC. 205. (a) Section 202 of the Housing Act of 1959 is amended by adding at the end thereof the following new subsection: "(h) Of the amounts made available in appropriation Acts for loans pursuant to subsection (a)(4)(C) for the fiscal year commencing on October 1, 1978, not less than $50,000,000 shall be available for loans for the development of rental housing and related facilities specifically designed to meet the needs of handicapped (primarily nonelderly) persons. The Secretary shall take such steps as may be necessary to assure that— "(1) funds made available pursuant to this subsection will be used to support innovative methods of meeting the needs of handicapped persons by providing a variety of housing options, ranging from small group homes to independent living complexes; and "(2) housing and related facilities assisted under this subsection will provide handicapped persons occupying units within such housing with an assured range of services specified under subsection (f) and the opportunity for optimal independent living and participation in normal daily activities, and will facilitate access by such persons to the community at large and to suitable employment opportunities within such community.".

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Page:Folk-lore - A Quarterly Review. Volume 10, 1899.djvu/247

 Rh and found none. "I wonder who lives here and where they are. That's a fine blanket," he added, as his eye fell upon the bed; "I should like a blanket like that." And he moved over to admire it. As he held the blanket up a piece of wood fell from it. It was just an ordinary piece of wood with a hole in it. "I wonder what this is doing in the bed?" he said, as he picked it up. "It can't be of any great value, I'll throw it on the fire; it will keep us warm for a little while." And as he spoke, he threw the piece of wood on the fire. His brother Benign-face chid him for so doing, saying it might have been valued by the people of the house for some reason or other. The wood, being dry, soon burnt itself out, leaving an outline of its original form in the embers. The sound of a man's voice was now heard at the smoke-hole. He seemed to be talking to some one within. "Take care, little wife," he said. "Get back from below there, I am going to throw the fire-wood down; "and a moment later down clattered a pile of fire-wood, which he immediately followed. The boys hid themselves when they saw the man descending. When he got down he called out: "Little wife, where are you hiding? Ah, you want to have a game with me." He threw himself, as he spoke, upon the bed, and began feeling for something under the blanket. Not finding what he sought, he went on: "Oh, you are funny to-day! Now where can you be hiding?" and he felt all over and under the blanket. "I wonder where she is," said he, as he shook the blanket out and found nothing in it. "She must be hiding from me somewhere, and I shall find her presently." And with that he went to put some wood on the fire. As he did so his eye fell upon the charred outlines of the piece of wood which Funny-boy had thrown on to the fire, and whose familiar form in the ashes he recognised at a glance. He no sooner saw it than he cried out in great distress, and seemed overcome with grief. "O dear wife, you are burned to ashes! How could you have fallen into the fire? Oh! what shall I do for a wife now?" And he sobbed aloud in his grief. The boys at once perceived that the piece of wood that they had burned was the man's wife. "Didn't I tell you," whispered Benign-face to his brother, "not to burn that piece of wood? Now see what distress you have caused this poor man. I must go and comfort him." With that he came out from his hiding place and addressed the man. Said he: "Was that block of wood really your wife?