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Page:United States Statutes at Large Volume 92 Part 1.djvu/785

 PUBLIC LAW 95-384—SEPT. 26, 1978

92 STAT. 731

who may use or consume marihuana sprayed with that herbicide. If the Secretary of State is so advised with respect to any herbicide, the prohibition contained in paragraph (1) shall apply with respect to the use of that herbicide. " (3) The Secretary of State shall submit a comprehensive report to Report to the Congress not later than January' 1 of each year explicitly detailing Congress, all efforts he has taken to ensure compliance with the requirements of this subsection and to prevent the spraying of marihuana with herbicides that are likely to cause serious harm to human health.". .... J-::* sr INTERNATIONAL NAKC0TIC8 CONTROL

SEC. 5. (a) Section 482 of the Foreign Assistance Act of 1961 is 22 USC 2291a. amended by striking out "$39,000,000 for the fiscal year 1978" and inserting in lieu thereof "$40,000,000 for the fiscal year 1979". (b) Such section is further amended— (1) by inserting " (a)" immediately before "To carry out"; and (2) by adding at the end of the section the following new subsection: "(b) Funds authorized to be appropriated by this section shall not Restriction, be made available for the procurement of weapons or ammunition under this chapter.". H U M A N RIGHTS

SEC. 6. (a) Paragraph (1) of section 502B (a) of the Foreign Assistance Act of 1961 is amended to read as follows: 22 USC 2304. "(1) The United States shall, in accordance with its international obligations as set forth in the Charter of the United Nations and in keeping with the constitutional heritage and traditions of the United States, promote and encourage increased respect for human rights and fundamental freedoms throughout the world without distinction as to race, sex, language, or religion. Accordingly, a principal goal of the foreign policy of the United States shall be to promote the increased observance of internationaly recognized human rights by all countries.". (b) Paragraph (2) of such section is amended by striking out "It is \ further the policy of the United States that, except" and inserting in lieu thereof "Except". (c) Paragraph (3) of such section is amended by striking out "the foregoing policy" and inserting in lieu thereof "paragraphs (1) and (2)5 •

(d)(1) Paragraph (2) of such section is amended by adding at the end thereof the following new sentence: "Security assistance may not be provided to the police, domestic intelligence, or similar law enforcement forces of a country, and licenses may not be issued under the Export Administration Act of 1969 for the export of crime control and detection instruments and equipment to a country, the government of which engages in a consistent pattern of gross violations of internationaly recognized human rights unless the President certifies in writing to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate that extraordinary circumstances exist warranting provision of such assistance and issuance of such licenses.". (2) Section 4 of the Export Administration Act of 1969 is amended by adding at the end thereof the following new subsection:

39-194 O—80—pt. 1

50: QL3

50 USC app. 2401 note.

'MiJ SM

50 USC app. 2403.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/786

 92 STAT. 732

22 USC 2304. 22 USC 2347.

",

PUBLIC LAW 95-384—SEPT. 26, 1978 " (m)(l) Crime control and detection instruments and equipment shall be approved for export by the Secretary of Commerce only pursuant to a validated export license. "(2) The provisions of this subsection shall not apply with respect to exports to countries which are members of the North Atlantic Treaty Organization or to Japan, Australia, or New Zealand.". (e) Section 502B(a)(2) of the Foreign Assistance Act of 1961, as amended by subsection (d)(1) of this section, is further amended by adding at the end thereof the following new sentence: "Assistance may not be provided under chapter 5 of this part to a country the government of which engages in a consistent pattern of gross violations of internationaly recognized human rights unless the President certifies in writing to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate that extraordinary circumstances exist warranting provision of such assistance.". MILITARY

22 USC 2312. Appropriation authorization. Limitation. .I-Oo:=.

22 USC 2321J.

ASSISTANCE

SEC. 7. (a) Subsection (a)(1) of section 504 of the Foreign Assistance Act of 1961 is amended to read as follows: "(a)(1) There is authorized to be appropriated to the President to carry out the purposes of this chapter not to exceed $133,500,000 for the fiscal year 1979. Not more than the following amounts of funds available to carry out this chapter may be allocated and made available for assistance to each of the following countries for the fiscal year 1979: "Portugal $27,900,000 "Spain 41,000,000 "Jordan 45,000,000 "Philippines 17,100, 000 "Greece 35, 000,000 The amount specified in this paragraph for military assistance to any such country for the fiscal year 1979 may be increased by not more than 10 percent of such amount if the President deems such increase necessary for the purposes of this chapter.". (b) Section 516(a) of such Act is amended by inserting immediately before the period at the end thereof ", and until September 30, 1981, to the extent necessary to carry out obligations incurred under this chapter during the fiscal year 1978 with respect to Indonesia and Thailand". STOCKPILING OF DEFENSE ARTICLES FOR FOREIGN

22 USC 2321h.

COUNTRIES

SEC. 8. Section 514(b)(2) of the Foreign Assistance Act of 1961 is amended by striking out "$270,000,000 for the fiscal year 1978" and inserting in lieu thereof "$90,000,000 for the fiscal year 1979". INTERNATIONAL MILITARY ASSISTANCE AND SALES PROGRAM MANAGEMENT

22 USC 2321i.

',

SEC. 9. (a) Section 515 of the Foreign Assistance Act of 1961 is amended in the first sentence of subsection (b)(1)— (1) by striking out "fiscal year 1978" and inserting in lieu thereof "fiscal year 1979"; and (2) by striking out "Brazil" and inserting in lieu thereof "Turkey, Indonesia, Thailand".

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


text:
Page:United States Statutes at Large Volume 92 Part 1.djvu/787

 PUBLIC LAW 9 5 - 3 8 4 — S E P T. 26, 1978

92 STAT. 7 3 3

(b) Such section is amended in subsection (d) by striking out "may not exceed 865 for the fiscal year 1978" and inserting in lieu thereof ", including any such members serving on a reimbursable basis pursuant to subsection (b)(3), may not exceed 790 for the fiscal year 1979". (c) Such section is amended in subsection (f) by striking out "1976" in the last sentence and inserting in lieu thereof "1977, except that the President may assign an aggregate total of not to exceed eight additional defense attaches to such countries in order to perform overseas management functions under this subsection". (d) Such section is amended in subsection (g) by inserting "for fixed" immediately before "periods of time" in the second sentence. (e) Such section is amended by adding a t the end thereof the following new subsection: " (h) The President shall continue to instruct United States diplomatic and military personnel in United States missions abroad that they should not encourage, promote, or influence the purchase by any foreign country of United States-made military equipment, unless they are specifically instructed to do so by an appropriate official of the executive branch.". ECONOMIC SUPPORT FUND

SEC. 10. (a) Chapter 4 of part II of the Foreign Assistance Act of 1961 is amended to read as follows: " C H A P T E R 4 — E C O N O M I C SUPPORT F U N D

" SEC. 631. AUTHORITY.—(a)(1) The Congress recognizes that under special economic, political, or security conditions the national interests of the United States may require economic support for countries or in amounts which could not be justified solely under chapter 1 of part L I n such cases, the President is authorized to furnish assistance to countries and organizations, on such terms and conditions as he may determine, in order to promote economic or political stability. I n planning assistance intended for economic development under this chapter, the President shall take into account, to the maximum extent feasible, the policy directions of section 102. " (2) The Secretary of State shall be responsible for policy decisions and justifications for economic support programs under this chapter, including determinations of whether there will be an economic support program for a country and the amount of the program for each country. The Secretary shall exercise this responsibility in cooperation with the Administrator of the agency primarily responsible for administering part I. " (b)(1) There are authorized to be appropriated to the President to carry out the purposes of this chapter for the fiscal year 1979, $1,902,000,000. " (2) Amounts appropriated to carry out this chapter are authorized to remain available until expended. " (c) Amounts appropriated to carry out this chapter shall be available for economic programs only and may not be used for military or paramilitary purposes. "SEC.

532. MIDDLE E A S T PROGRAM.— (a) The Congress recognizes

that a peaceful and lasting resolution of the divisive issues that have contributed to tension and conflict between countries in the Middle

22 USC 2346.

22 USC 2151.

22 USC 2151. Appropriation authorization.

22 USC 2346a.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/788

 92 STAT. 734

Funds available to Middle East.

.^ a.-

,.«4IHSS

>' '

PUBLIC LAW 95-384—SEPT. 26, 1978 East is essential to the security of the United States and the cause of world peace. The Congress declares and finds that the United States can and should play a constructive role in securing a just and durable peace in the Middle East by facilitating increased understanding between the Arab countries and Israel and by assisting the countries in the region in their efforts to achieve economic progress and political stability, which are the essential foundations for peace. It is the sense of the Congress that United States assistance programs in the Middle East should be designed to promote mutual respect and security among the countries in the region and to foster a climate conducive to increased economic development, thereby contributing to a community of free, secure, and prospering countries in the Middle East. "(b)(1) Of the amount authorized to be appropriated to carry out this chapter for the fiscal year 1979, not less than $785,000,000 "shall be available only for Israel, not less than $750,000,000 shall be available only for Egypt, and not less than $93,000,000 shall be available only for Jordan. "(2) The total amount of funds allocated for Israel under this chapter for the fiscal year 1979 may be made available as a cash transfer. In exercising the authority of this paragraph, the President shall ensure that the level of cash transfers made to Israel does not cause an adverse impact on the total amount of nonmilitary exports from the United States to Israel. "(3) Not less than two-thirds of the assistance furnished to Israel, and not less than two-thirds of the assistance furnished to Egypt, under this chapter for the fiscal year 1979 shall be provided on a grant basis. "(4) The President is requested to provide that at least $65,000,000 of the funds allocated for Egypt under this chapter for the fiscal year 1979 shall be available for the development and encouragement of private enterprise in Egypt. Programs financed under this paragraph shall be developed in close consultation with the Overseas Private Investment Corporation. It is the intent of the Congress that the funds made available under this paragraph should be used, to the maximum extent feasible, to encourage other donors, especially the Arab countries that are members of the Organization of Petroleum Exporting Countries, to participate in private enterprise development in Egypt. Funds made available under this paragraph may be used, among other things, for lending to Egyptian private business enterprise, to provide necessary surveys, services, and programs to encourage and support private enterprise development, and to contract for personnel to assist such programs. "(5) It is the sense of the Congress that programs which stress regional development or regional scientific and technical cooperation between Israel and its Arab neighbors can contribute in an important way to the mutual understanding that must serve as the basis for permanent peace in the Middle East. Of the amount authorized to be appropriated to carry out this chapter for the fiscal year 1979, not less than $5,000,000 shall be available only to fund regional pro.q-rams which stress development or scientific and technical cooperation between Israel and its Arab neighbors or programs which would be used for Arab-Israeli cooperation once normalization of relations between Israel and the Arab nations occurs. "(6)(A) Funds appropriated to carry out this chapter for the fiscal year 1979 may not be expended for construction of the proposed potash

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Page:United States Statutes at Large Volume 92 Part 1.djvu/789

 PUBLIC LAW 95-384—SEPT. 26, 1978

92 STAT. 735

production facility in Jordan until the President has determined, and has reported his determination to the Congress, that Jordan has obtained firm commitments from other sources for the financing, in addition to the proposed United States contribution, which will be required for that project. "(B) Funds appropriated to carry out this chapter for the fiscal year 1979 may not be expended for construction of the proposed Maqarin Dam and Jordan Valley Irrigation System until the President has determined, and has reported his determination to the Congress, that Jordan has obtained firm commitments from other sources for the financinn^, in addition to the proposed United States contribution, which will be required for that project. "SEC. 533. SOUTHERN AFRICA PROGRAM.—(a) Of the amount author- 22 USC 2346b. ized to be appropriated to carry out this chapter for the fiscal year 1979, $60,000,000 shall be available only for the countries of southern Africa to address the problems caused by the economic dislocation resulting from the conflict in that region and for education and job training assistance. Such funds may be used to provide humanitarian assistance to African refugees and persons displaced by war and internal strife in southern Africa, to improve transportation links interrupted or jeopardized by regional political conflicts, and to pro."~ii,!^ _)#j'» »'<^ vide economic support to countries in the region. "(b) 'No assistance may be furnished under this section to Mozambique, Angola, Tanzania, or Zambia, except that the President may waive this prohibition with respect to any such country if he determines, and so reports to the Congress, that furnishing such assistance to such country would further the foreign policy interests of the United States. "SEC. 534. TURKEY AND CYPRUS PROGRAMS.— (a) Of the amount 22 USC 2346c.

authorized to be appropriated to carry out this chapter for the fiscal year 1979, not less than $15,000,000 shall be available only for refugee relief and reconstruction on Cyprus. "(b) Of the amount authorized to be appropriated to carry out this chapter for the fiscal year 1979, not less than $50,000,000 shall be available only for Turkey.". (b)(1) Section 502B(d)(2)(A) of the Foreign Assistance Act of 1961 is amended by striking out "security supporting assistance" and inserting in lieu thereof "economic support fund". (2) The second sentence of section 610(b) of such Act is repealed. (3) Section 653(b) of such Act is amended by striking out "security supporting assistance" each of the three places it appears and inserting in lieu thereof "assistance under chapter 4 of part II of this Act". (4) Sections 669(a) and 670(a) of such Act are each amended by inserting " (including assistance under chapter 4 of part II) " immediately after "economic assistance" and by striking out "or security supporting". (5) Section 406(a) of the International Security Assistance and Arms Export Control Act of 1976 is amended by striking out "or security supporting assistance" and inserting in lieu thereof "assistance, no assistance under chapter 4 of part II,". (6) After September 30, 1978, any reference in any law to security supporting assistance shall be deemed to be a reference to assistance under chapter 4 of part II of the Foreign Assistance Act of 1961.

22 USC 2304. Repeal. 22 USC 2360. 22 USC 2413. 22 USC 2429, 2429a. 22 USC 2370 note. 22 USC 2346 note. 22 USC 2346.

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text:
Page:Hockey, Canada's Royal Winter Game.djvu/25

 done for the game in Ontario. Caring for the senior clubs and fostering the interests of the juniors, it has placed hockey on as solid a basis in the west, as the original association has done for Quebec.

The record of the results of each year's championship is as follows:

Manitoba has produced in the Winnipeg Victorias, a team that can compare most favorably with any seven that ever chased the rubber disc. Holders, for a season, of the Stanley Cup, they are past masters in the art of skating and stick handling, and because of the high perfection which the game has attained in Manitoba, they will ever be dangerous rivals for any team in the east that captures the coveted trophy.

Besides the Victorias, there are the "Winnipegs" of Winnipeg, who deserve honorable mention as a clever, practiced aggregation.

In the Maritime Provinces hockey has been introduced to stay. It is obtaining a firm hold on the younger generations, and is fast


text:
Page:United States Statutes at Large Volume 92 Part 1.djvu/790

 92 STAT. 736

PUBLIC LAW 95-384—SEPT. 26, 1978 INTERNATIONAL MILITARY EDUCATION AND TRAINING

22 USC 2347a. 22 USC 2347b.

.siM

SEC. 11. (a) Section 542 of the Foreign Assistance Act of 1961 is amended by striking out "$31,000,000 for the fiscal year 1978" and inserting in lieu thereof "$31,800,000 for th fiscal year 1979". (b) Section 543 of such Act is amended— (Ij by striking out "and" at the end of paragraph (1); (2) by striking out the period at the end of paragraph (2) and inserting in lieu thereof a semicolon and "and"; and (3) by adding at the end thereof the following new paragraph: "(3) to increase the awareness of nationals of foreign countries participating in such activities of basic issues involving internationaly recognized human rights.". ASSISTANCE FOR PEACEKEEPING

OPERATIONS

SEC. 12. (a) Part II of the Foreign Assistance Act of 1961 is amended by adding at the end thereof the following new chapter: "CHAPTER 6—PEACEKEEPING OPERATIONS 22 USC 2348.

22 USC 2348a. .'.Hi-'-.

22 USC 2348b.

Report to Speaker of the House and congressional committees.

"SEC. 551. GENERAL AUTHORITY.—The President is authorized to

furnish assistance to friendly countries and international organizations, on such terms and conditions as he may determine, for peacekeeping operations and other programs carried out in furtherance of the national security interests of the United States. "SEC. 552. AUTHORIZATION OP APPROPRIATIONS.— (a) There is authorized to be appropriated to the President to carry out the purposes of this chapter, in addition to amounts otherwise available for such purposes, $30,900,000 for the fiscal year 1979. "(b) Amounts appropriated under this section are authorized to remain available until expended. "SEC. 553. MIDDLE EAST SPECIAL REQUIREMENTS FUND.—(a) Of the

amount authorized to be appropriated to carry out this chapter for the fiscal year 1979, $3,500,000 may be used only for special requirements related to international peacekeeping in the Middle East. "(b) The President may obligate or expend funds under this section for a foreign country or international organization only if— " (1) he has transmitted to the Speaker of the House of Representatives and to the chairman of the Committee on Foreign Relations and the chairman of the Committee on Appropriations of the Senate a report setting forth— "(A) the name of such country or organization; "(B) the amount of such funds to be made available to such country or organization; »'(C) the purpose for which such funds are to be made available to such country or organization; and "(D) the reasons why it is in the national interest to usp funds under this section for such purpose rather than— "(i) using other available funds; or "(ii) if no other funds are available for such purpose, awaiting the enactment of legislation making funds specifically available for such purpose; " (2) a period of 30 calendar days has elapsed since the Congress received such report; and

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text:
Page:United States Statutes at Large Volume 92 Part 1.djvu/791

 PUBLIC LAW 9 5 - 3 8 4 — S E P T. 26, 1978 " (3) the Congress did not adopt, during such 30-day period, a concurrent resolution stating in substance that the Congress does not approve the proposed use of funds described i n such report. " SEC. 554. ADMINISTRATIVE AUTHORITIES.—Except where expressly provided to the contrary, any reference in any law to part I of this Act shall be deemed to include reference to this chapter and any reference in any law to part II of this Act shall be deemed to exclude reference to this chapter.". (b) Section 502B (d)(2)(A) of such Act is amended— (1) by inserting "or chapter 6 (peacekeeping operations)" immediately after "and t r a i n i n g) "; and (2) by striking out "or part VI (assistance to the Middle E a s t) of this Act". (c)(1) Section 620B of such Act is amended in paragraph (1) by striking out "or 5" and inserting in lieu thereof " 5, or 6". (2) Section 653(b) of such Act is amended— (A) by striking out " part V " both places i t appears and inserting in lieu thereof "chapter 6 of part II "; and (B) by inserting immediately before the comma in paragraph (2) "or assistance under chapter 6 of part II ". (3) Section 669(a) and 670(a) of such Act are each amended by inserting "providing assistance under chapter 6 of part II, " immediately after "training,". (4) Part VI of such Act is repealed. (5) Section 406(a)(1) of the International Security Assistance and A r m s E x p o r t Control Act of 1976 is amended by inserting "no assistance under chapter 6 of part II, " immediately before "and no m i l i t a r y " in the first sentence.

92 STAT. 737

22 USC 234«c. 22 USC 2151. 22 USC 2301. Ante, p. 735.

22 USC 2372. Ante, p. 735.

Ante, p. 735. Repeal.

22 USC 2441-2443. 22 USC 2370 note.

UNITED STATES POLICY REGARDING THE EASTERN MEDITERRANEAN

SEC. 13. (a) Section 620(x) of the Foreign Assistance Act of 1961 shall be of no further force and effect upon the President's determination and certification to the Congress that the resumption of full milit a r y cooperation with Turkey is in the national interest of the United States and in the interest of the North Atlantic T r e a t y Organization and that the Government of Turkey is acting in good faith to achieve a just and peaceful settlement of the Cyprus problem, the early peaceable return of refugees to their homes and properties, and continued removal of Turkish military troops from Cynrus in the context of a solution to the Cyprus problem, and the early serious resumption of inter-communal talks aimed at a just, negotiated settlement. (b) The Foreign Assistance Act of 1061 is amended by inserting immediately after section 620B the following new section: " S E C 620C. UNITED STATES POLICY REGARDING THE EASTERN M E D I -

TERUANEAN.— (a) The Congress declares t h n t the achievement of a just and lasting Cyprus settlement is and will remain a central objective of United States foreign policy. The Congress further declares that any action of the United States wifh respect to section 620(x) of t h i s Act shall not signify a lessening of the United States commitment to a just solution to the conflict on Cyprus but is authorized in the expectation that this action will be conducive to achievement of a Cyprus solution and a general improvement in relations among Greece, T u r -

eyprus conflict.

22 USC 2370 note.

22 USC 2370.

^ 22 USC 2373

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Page:United States Statutes at Large Volume 92 Part 1.djvu/792

 92 STAT. 738

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e

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-.f

I),

22 USC 2751 note.

PUBLIC LAW 95-384—SEPT. 26, 1978 key, and Cyprus and between those countries and the United States. The Congress finds that— " (1) a just settlement on Cyprus must involve the establishment of a free and independent government on Cyprus and must guarantee that the human rights of all of the people of Cyprus are fullv protected; "(2) a just settlement on Cyprus must include the withdrawal of Turkish military forces from Cyprus; "(3) the guidelines for inter-communal talks agreed to in Nicosia in February 1977 and the United Nations resolutions regarding Cyprus provide a sound basis for negotiation of a just settlement on Cyprus; "(4) serious negotiations, under United Nations auspices, will be necessary to achieve agreement on, and implementation of, constitutional and territorial terms within such guidelines; and " (5) the recent proposals by both Cypriot communities regarding the return of the refugees to the city of New Famagusta (Varosha) constitute a positive step and the United States should actively support the efforts of the Secretary General of the United Nations with respect to this issue. "(b) United States policy regarding Cyprus, Greece, and Turkey shall be directed toward the restoration of a stable and peaceful atmosphere in the Eastern Mediterranean region and shall therefore be governed by the following principles: "(1) The United States shall actively support the resolution of differences through negotiations and internationaly established peaceful procedures, shall encourage all parties to avoid provocative actions, and shall strongly oppose any attempt to resolve disputes through force or threat of force. "(2) The United States will accord full support and high priority to efforts, particularly those of the United Nations, to bring about a prompt, peaceful settlement on Cyprus. "(3) All defense articles furnished by the United States to countries in the Eastern Mediterranean region will be used only in accordance with the requirements of this Act, the Arms Export Control Act, and the agreements under which those defense articles were furnished. "(4) The United States will furnish security assistance for Greece and Turkey only when furnishing that assistance is intended solely for defensive purposes, including when necessary to enable the recipient country to fulfill its responsibilities as a member of the North Atlantic Treaty Organization, and shall be designed to ensure that the present balance of military strength among countries of the region, including between Greece and Turkey, is preserved. Nothing in this paragraph shall be construed to prohibit the transfer of defense articles to Greece or Turkey for legitimate self defense or to enable Greece or Turkey to fulfill their North Atlantic Treaty Organization obligations. " (5) The United States shall use its influence to ensure the continuation of the ceasefire on Cyprus until an equitable negotiated settlement is reached. "(6) The United States shall use its influence to achieve the withdrawal of Turkish military forces from Cyprus in the context of a solution to the Cyprus problem.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/793

 PUBLIC LAW 95-384—SEPT. 26, 1978 "(c) Because progress toward a Cyprus settlement is a high priority of United States policy in the Eastern Mediterranean, the President and the Congress shall continually review that progress and shall determine United States policy in the region accordingly. To facilitate such a review the President shall, within 60 days after the date of enactment of this section and at the end of each succeeding 60-day period, transmit to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate a report on progress made toward the conclusion of a negotiated solution of the Cyprus problem. Such transmissions shall include any relevant reports prepared by the Secretary General of the United Nations for the Security Council. "(d) In order to ensure that United States assistance is furnished consistent with the policies established in this section, the President shall, whenever requesting any funds for security assistance under this Act or the Arms Export Control Act for Greece and Turkey, transmit to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate his certification, with a full explanation thereof, that the furnishing of such assistance will be consistent with the principles set forth in subsection (b). The President shall also submit such a certification with any notification to the Congress, pursuant to section 36(b) of the Arms Export Control Act, of a proposed sale of defense articles or services to Greece or Turkey.".

92 STAT. 739

Report to Speaker of the House and Senate committee.

Certification to Speaker of the House and Senate committee. 22 USC 2751 note.

22 USC 2776.

ANNUAL MILITARY ASSISTANCE REPORT

SEC. 14. Chapter 3 of part III of the Foreign Assistance Act of 1961, as amended by the International Development and Food Assistance Act of 1978, is amended by inserting immediately after section 654 the following new section: "SEC.

657.

ANNUAL REPORT ON MILITARY ASSISTANCE AND MILI-

22 USC

2417.

TARY EXPORTS.—Not later than February 1 of each year, the President shall transmit to the Congress an annual report for the fiscal year ending the previous September 30, showing the aggregate dollar value and quantity of defense articles and defense services, and of military education and training, furnished by the United States to each foreign country and international organization, by category, specifying whether they were furnished by grant under chapter 2 or chapter 5 of part II of this Act, by sale under chapter 2 oi the Arms Export 22 USC 2311, Control Act, by commercial sale licensed under section 38 of that Act, 2347. 22 USC 2761. or by other authority.".

22 USC 2778.

ARMS TRANSFER POLICY

SEC. 15. (a) Section 1 of the Arms Export Control Act is amended 22 USC 2751. by adding at the end thereof the following new paragraph: "It is the sense of the Congress that the President maintain adherence to a policy of restraint in conventional arms transfers and that, in implementing this policy worldwide, a balanced approach should be taken and full regard given to the security interests of the United States in all regions of the world and that particular attention should be paid to controlling the flow of conventional arms to the nations of the developing world. To this end, the President is encouraged to continue discussions with other arms suppliers in order to restrain the flow of conventional arms to less developed countries.".

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Page:United States Statutes at Large Volume 92 Part 1.djvu/794

 92 STAT. 740 Report to Congress.

22 USC 2751 note.

PUBLIC LAW 95-384—SEPT. 26, 1978 (b) Not later than December 31, 1979, the President shall transmit to the Congress a detailed report assessing the results and commenting on the implications of the multilateral discussions referred to in the amendment made by subsection (a). SALES FROM STOCK

22 USC 2761.

0 9 fl?»f ' '^ ''

'

'

SEC. 16. Section 21(e)(1) of the Arms Export Control Act is amended— (1) by striking out "and" at the end of subparagraph (B); (2) by striking out the period at the end of subparagraph (C) and inserting in lieu thereof a semicolon and "and"; and (3) by adding at the end thereof the following new subparagraph: "(D) the recovery of ordinary inventory losses associated with the sale from stock of defense articles that are being stored at the expense of the purchaser of such articles.". RENEGOTIATION ACT OF 1951

22 USC 2762. 50 USC app. 1211 note.

SEC. 17. Section 22 of the Arms Export Control Act is amended by adding at the end thereof the following new subsection: " (c) The provisions of the Renegotiation Act of 1951 do not apply to contracts for the procurement of defense,articles and defense services heretofore or hereafter entered into under this section or predecessor provisions of law.". A N N U A L ARMS SALES PROPOSAL

22 USC 2765. Report to congressional committees.

SEC. 18. (a) Section 25 of the Arms Export Control Act is amended by adding at the end thereof the following new subsection: "(d) On or before November 15 of each year, the President shall transmit to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate the Arms Sales Proposal covering all sales under this Act (other than sales to members of the North Atlantic Treaty Organization, Japan, Australia, and New Zealand) of major defense equipment for $7,000,000 or more, or of any other defense articles or defense services for $25,000,000 or more, which are considered eligible for approval during the fiscal year beginning on October 1 of such year.". (b) Subsection (c) of such section is amended by striking out "this section" and inserting in lieu thereof "subsection (a) or (b)". DEFENSE REQUIREMENT SURVEYS

22 USC 2766.

SEC. 19. Chapter 2 of the Arms Export Control Act is amended by adding at the end thereof the following new section: "SEC. 26. DEFENSE REQUIREMENT SURVEYS.— (a) The Congress finds that defense requirement surveys prepared by the United States for foreign countries have had a significant impact on subsequent military procurement decisions of those countries. I t is the policy of the United States that the results of defense requirement surveys conducted by the United States clearly do not represent a commitment by the United States to provide any military equipment to any foreign country. Fur-

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Page:United States Statutes at Large Volume 92 Part 1.djvu/795

 PUBLIC LAW 95-384—SEPT. 26, 1978

92 STAT. 741

ther, recommendations in such surveys should be consistent with the arms export control policy provided for in this Act. "(b) As part of the quarterly report required by section 36(a) of this Act, the President shall include a list of all defense requirement 22 USC 2776. surveys authorized during the preceding calendar quarter, specifying the country with respect to which the survey was or will be conducted, the purpose of the survey, and the number of United States Government personnel who participated or will participate in the survey. "(c) Upon a request of the chairman of the Committee on International Relations of the House of Representatives or the chairman of the Committee on Foreign Relations of the Senate, the President shall grant that committee access to defense requirement surveys conducted by United States Government personnel.". FOREIGN MILITARY SALES AUTHORIZATION AND AGGREGATE CEILING

SEC. 20. (a) Section 31(a) of the Arms Export Control Act is 22 USC 2771. amended by striking out "$677,000,000 for the fiscal year 1978" and inserting in lieu thereof "$682,000,000 for the fiscal year 1978 and $674,300,000 for the fiscal year 1979". (b) Section 31(b) of such Act is amended by striking out "$2,102,350,000 for the fiscal year 1978, of which" and inserting in lieu thereof "$2,152,350,000 for the fiscal year 1978 and $2,085,500,000 for the fiscal year 1979, of which amount for each such year". (c) Section 31(c) of such Act is amended by striking out "fiscal year 1978" and inserting in lieu thereof "fiscal year 1979". -^ (d) Section 31(d) of such Act is amended by striking out "$100,000,000" and inserting in lieu thereof "$150,000,000". FULL DISCLOSURE REPORTS

SEC. 21. Section 36(b)(1) of the Arms Export Control Act is 22 USC 2776. amended— (1) by amending subparagraph (D) to read as follows: " (D) an evaluation, prepared by the Director of the Arms Control and Disarmament Agency in consultation with the Secretary of State and the Secretary of Defense, of the manner, if any, in which the proposed sale would— "(i) contribute to an arms race; "(ii) increase the possibility of an outbreak or escalation of conflict; "(iii) prejudice the negotiation of any arms controls; or "(iv) adversely affect the arms control policy of the United States;"; (2) by striking out "and" at the end of subparagraph (L); ,JI (3) by striking out the period at the end of subparagraph (M) and inserting in lieu thereof a semicolon; and (4) by inserting immediately after subparagraph (M) the following new subparagraphs: " (N) the projected delivery dates of the defense articles to be offered; "(O) a detailed description of weapons and levels of munitions that may be required as support for the proposed sale; and " (P) an analysis of the relationship of the proposed sale to projected procurements of the same item.".

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Page:United States Statutes at Large Volume 92 Part 1.djvu/796

 92 STAT. 742

PUBLIC LAW 95-384—SEPT. 26, 1978 USE OF FOREIGN CURRENCY

22 USC 1754. ..,,

SEC. 22. (a) Section 502(b) of the Mutual Security Act of 1954 is amended to read as follows: " (b)(1)(A) Notwithstanding section 1415 of the Supplemental 31 USC 724. Appropriation Act, 1953, or any other provision of law— "(i) local currencies owned by the United States which are in excess of the amounts reserved under section 612(a) of the For22 USC 2362. eign Assistance Act of 1961 and of the requirements of the United States Government in payment of its obligations outside of the United States, as such requirements may be determined from time to time by the President; and "(ii) any other local currencies owned by the United States in amounts not to exceed the equivalent of $75 per day per person or the maximum per diem allowance established under the authority 5 USC 5701 et of subchapter I of chapter 57 of title 5 of the United States Code seq., for employees of the United States Government while traveling in a foreign country, whichever is greater, exclusive of the actual cost of transportation; shall be made available to Members and employees of the Congress for their local currency expenses when authorized as provided in subparagraph (B). "(B) The authorization required for purposes of subparagraph (A) may be provided— " (i) by the Speaker of the House of Representatives in the case of a Member or employee of the House; "(ii) by the chairman of a standing or select committee of the House of Representatives in the case of a member or employee of that committee; " (iii) by the President of the Senate, the President pro tempore of the Senate, the Majority Leader of the Senate, or the Minority 'T'r;i:>/ J. Leader of the Senate, in the case of a Member or employee of the Senate; "(iv) by the chairman of a standing, select, or special committee of the Senate in the case of a member or employee of that committee or of an employee of a member of that committee; and "(v) by the chairman of a joint committee of the Congress in the case of a member or employee of that committee. "(C) Whenever local currencies owned by the United States are not otherwise available for purposes of this subsection, the Secretary of the Treasury shall purchase such local currencies as may be necessary for such purposes, using any funds in the Treasury not otherwise appropriated. Congressional "(2) On a quarterly basis, the chairman of each committee of the report. House of Representatives or the Senate and of each joint committee of the Congress (A) shall prepare a consolidated report (i) which itemizes the amounts and dollar equivalent values of each foreign currency expended and the amounts of dollar expenditures from appropriated funds in connection with travel outside the United States, stating the purposes of the expenditures including per diem (lodging and meals), transportation, and other purposes, and (ii) which shows the total itemized expenditures, by such committee and by each member or employee of such committee (including in the case of a committee of the Senate, each employee of a member of the com-

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 PUBLIC LAW 95-384—SEPT. 26, 1978 mittee who received an authorization under paragraph (1) from the chairman of the committee); and (B) shall forward such consolidated report to the Clerk of the House of Representatives (if the committee is a committee of the House of Representatives or a joint committee whose funds are disbursed by the Clerk of the House) or to the Secretary of the Senate (if the committee is a committee of the Senate or a joint committee whose funds are disbursed by the Secretary of the Senate). Each such consolidated report shall be open to public inspection and shall be published in the Congressional Record within ten legislative days after the report is forwarded pursuant to this paragraph. In the case of the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives, such consolidated report may, in the discretion of the chairman of the committee, omit such information as would identify the foreign countries in which members and employees of that committee traveled. "(3)(A) Each Member or employee who receives an authorization under paragraph (1) from the Speaker of the House of Representatives, the President of the Senate, the President pro tempore of the Senate, the Majority Leader of the Senate, or the Minority Leader of the Senate, shall within thirty days after the completion of the travel involved, submit a report setting forth the information specified in paragraph (2), to the extent applicable, to the Clerk of the House of Representatives (in the case of a Member of the House or an employee whose salary is disbursed by the Clerk of the House) or the Secretary of the Senate (in the case of a Member of the Senate or an employee whose salary is disbursed by the Secretary of the Senate). In the case of an authorization for a group of Members or employees, such reports shall be submitted for all Members of the group by its chairman, or if there is no designated chairman, by the ranking Member or if the group does not include a Member, by the senior employee in the group. Each report submitted pursuant to this subparagraph shall be open to public inspection. "(B) On a quarterly basis, the Clerk of the House of Representatives and the Secretary of the Senate shall each prepare a consolidation of the reports received by them under this paragraph with respect to expenditures during the preceding quarter by each Member and employee or by each group in the case of expenditures made on behalf of a group which are not allocable to individual members of the group. Each such consolidation shall be open to public inspection and shall be published in the Congressional Record within ten legislative days after its completion.". (b) Notwithstanding section 30 of this Act, the amendment made by subsection (a) of this section shall take effect on the date of enactment of this Act.

92 STAT. 743

Publication in Congressional Record.

Congressional report.

Congressional report.

Publication in Congressional Record. Effective date. 22 USC 1754 note.

SPECIAL SECURITY ASSISTANCE PROGRAM FOR THE MODERNIZATION OF THE ARMED FORCES OF THE REPUBLIC OF KOREA

SEC. 23. (a)(1) The President is authorized until December 31, 22 USC 2428b. 1982— ' (A) to transfer, without reimbursement, to the Republic of Korea, only in conjunction with the withdrawal of the 2d Infantry Division and support forces from Korea, such United States

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Page:United States Statutes at Large Volume 92 Part 1.djvu/798

 92 STAT. 744

22 USC 2151 note.

22 USC 2311.

Report to Congress.

Congressional consultation.

PUBLIC LAW 95-384—SEPT. 26, 1978 Government-owned defense articles as he may determine which are located in Korea in the custody of units of the United States Army scheduled to depart from Korea; and (B) to furnish to the Republic of Korea, without reimbursement, defense services (including technical and operational training) in Korea directly related to the United States Government-owned defense articles transferred to the Republic of Korea under this subsection. (2) Any transfer under the authority of this section shall be made in accordance with all the terms and conditions of t^ie Foreign Assistance Act of 1961 applicable to the furnishing of defense articles and defense services under chapter 2 of part II of that Act, except that no funds heretofore or hereafter appropriated under that Act shall be available to reimburse any agency of the United States Government for any such transfer or related services. (b) In order that transfers of defense articles under subsection (a) will not cause significant adverse impact on the readiness of the Armed Forces of the United States, the President is authorized, in lieu of such transfers, to transfer additional defense articles from the stocks of the Department of Defense, wherever located, to the Republic of Korea to compensate for the military capability of defense articles withdrawn from Korea in any case where he determines that— (1) the transfer of specific defense articles located in Korea would have a significant adverse impact on the readiness of the United States Armed Forces; (2) the defense capability provided by those defense articles is needed by the Armed Forces of the Republic of Korea in order to maintain the military balance on the Korean peninsula; and (3) a comparable defense capability could be provided by less advanced defense articles in the stocks of the Department of Defense which could be transferred without significant adverse impact on the readiness of the T^nited States Armed Forces. The President shall report to the Congress each determination made under this subsection prior to the transfer of the defense articles described in such determination, (c) The President shall transmit to the Congress, together with the presentation materials for security assistance programs proposed for each fiscal year through and including the fiscal year 1983, a report describing the types, quantities, and value of defense articles furnished or intended to be furnished to the Republic of Korea under this section. (d) The President should also transmit to the Congress, 120 days prior to each phase of troop withdrawal, a report on the viability of the withdrawal. This report should include assessments of the military balance on the Korean peninsula, the impact of withdrawal on the military balance, the adequacy of United States military assistance to the Republic of Korea, the impact of withdrawal on the United Nations and the Republic of Korea command structure. Republic of Korea defensive fortifications and defense industry developments, the United States reinforcement capability, and the progress of diplomatic efforts to reduce tensions in the area. (e)(1) It is the sense of the Congress that further withdrawal of ground forces of the United States from the RejDublic of Korea may seriously risk upsetting the military balance in that region and requires full advance consultation with the Congress.

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 PUBLIC LAW 95-384—SEPT. 26, 1978

92 STAT. 745

(2) Prior to any further withdrawal, the President shall report to Report to the Congress on the effect of any proposed withdrawal plan on pre- Congress, servinjr deterrence in Korea, the reaction anticipated from North Korea, the effect of the plan on increasing incentives for the Republic of Korea to develop an independent nuclear deterrent, the effect of any withdrawal on our long-term military and economic partnership with Japan, the effect of any proposed withdrawal on the United StatesChinese and United States-Soviet military balance, and the possible implications of any proposed withdrawal on the Soviet-Chinese mili' -^ * ^ tary situation. UNITED STATES RELATIONS W I T H THE SOVIET U N I O N

SEC. 24. (a) The Congress finds and declares that a sound and stable relationship with the Soviet Union will help achieve the objectives of the Foreign Assistance Act of 1961 and the Arms Export Control Act, strengthen the security of the United States, and improve the prospects for world peace. (b) Therefore, it is the sense of the Congress that the President, in cooperation with the Congress and knowledgeable members of the public, should make a full review of United States policy toward the Soviet Union. This review should cover, but not be limited to— (1) an overall reevaluation of the objectives and priorities of the United States in its relations with ithe Soviet Union; (2) the evolution of and sources of all bargaining power of the United States with respect to the Soviet Union and how that bargaining power might be enhanced; (3) what linkages do exist and what linkages should or should not exist between various elements of United States-Soviet relations such as arms control negotiations, human rights issues, and economic and cultural exchanges; (4) the policies of the United States toward human rights conditions in the Soviet Union and how improved Soviet respect for human rights might be more effectively achieved; (5) the current status of strategic arms limitations talks and whether such talks should be continued in their present framework or terminated and renewed in some other forum; (6) the current status of other arms control negotiations between the United States and the Soviet Union; (7) the challenges posed by Soviet and Cuban involvement in developing countries and a study of appropriate policy responses and instruments to meet those challenges more effectively; (8) the impact of our relations with the People's Republic of China on our relations with the Soviet Union; (9) the impact of strategic parity on relations between the United States and the Soviet Union and on the ability of the United States to meet its obligations under the North Atlantic Treaty; (10) United States economic, technological, scientific, and cultural relations with the Soviet Union and whether those relations are desirable and should be continued, expanded, restricted, or linked to other aspects of relations between the United States and the Soviet Union; (11) the evolution of Soviet domestic politics and the relationship between Soviet domestic politics and its foreign policy behavior, especially towards the United States; and

22 USC 2151 note, 22 USC 2151 note, 22 USC 2751 °°*^; ^^^^^w'•< ">•'

.< i-rJsvi

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Page:United States Statutes at Large Volume 92 Part 1.djvu/800

 92 STAT. 746

Report to Congress.

PUBLIC LAW 95-384—SEPT. 26, 1978 (12) what improvements should be made in the institutions and procedures of United States foreign policy in order to ensure a coherent and effective policy towards the Soviet Union, (c) The President should report the results of the review called for by subsection (b) to the Congress not later than December 31, 1978. REPORT ON REVIEW OF ARMS SALES COXTROLS ON NON-LETHAL ITEMS

22 USC 2751 note. 22 USC 2751 note.

SEC. 25. The President shall, within 120 days after the enactment of this Act, report in writing to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate the results of the review conducted pursuant to section 27 of the International Security Assistance Act of 1977. UNTfED STATES-REPUBLIC OF C H I N A MUTUAL DEFENSE TREATY

22 USC 2151 note.

6 UST 433.

consultation.

SEC. 26. (a) The Congress finds that— (1) the continued security and stability of East Asia is a matter of major strategic interest to the United States; (2) the United States and the Republic of China have for a period of twenty-four years been linked together by the Mutual Defense Treaty of 1954; (3) the Republic of China has during that twenty-four-year period faithfully and continually carried out its duties and obligations under that treaty; and (4) it is the responsibility of the Senate to give its advice and consent to treaties entered into by the United States. (b) It is the sense of the Congress that there should be prior consultation between the Congress and the executive branch on any proposed policy changes affecting the continuation in force of the Mutual Defense Treaty of 1954. RHODESIA

22-use 287c note.

EMBARGO

SEC. 27. In furtherance of the foreign policy interests of the United States, the Government of the United States shall not enforce sanctions against Rhodesia after December 31, 1978, provided that the President determines that— (1) the Government of Rhodesia has demonstrated its willingness to negotiate in good faith at an all-parties conference, held under international auspices, on all relevant issues; and (2) a government has been installed, chosen by free elections in which all political and population groups have been allowed to participate freely, with observation by impartial, internationalyrecognized observers. NEGOTIATIONS BETWEEN ISRAEL AND EGYPT

22 USC 2346a note.

SEC. 28. (a) The Congress finds that— (1) a lasting settlement of the Arab-Israel conflict is vital to United States national interests as well as to the interests of the countries of the region; (2) support for a strong and secure Israel and the maintenance for this purpose of Israel's effective defense capabilities as essential to peace remains a fundamental tenet of United States foreign policy;

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 PUBLIC LAW 95-384—SEPT. 26, 1978

92 STAT. 747

(3) direct, face-to-face negotiations between Israel and Egypt without preconditions is an historic opening for peace, and the support of such negotiations by other moderate Arab countries, can best promote a peace settlement based on mutual concessions and accommodations; (4) the establishment of secure, recognized, and defensible borders between Israel and its neighbors will discourage hostilities; and (5) full, normalized relations between Israel and its Arab neighbors, including trade, travel, tourism, communications, and diplomatic relations are vital for peace. (b) I t is the sense of the Congress that the Government of the United States should continue to promote direct negotiations between Israel and Egypt and to encourage other Arab countries to enter into negotiations leading to peace treaties with Israel. (c) It is further the sense of the Congress that the United States should be responsive to Israel's economic needs and defense requirements, including the provision of additional advanced aircraft, in order to maintain Israel's defense capability which is essential to peace. REPORTS TO CONGRESS

SEC. 29. (a) Section 8(d) of the Act entitled "An Act to amend the Foreign Military Sales Act, and for other purposes", approved January 12, 1971, is amended in the second sentence by striking out "Additionally, the President shall also submit a quarterly report to the Congress" and inserting in lieu thereof "The annual presentation materials for security assistance programs shall include a table". (b) Section 408(b) of the International Security Assistance and Arms Export Control Act of 1976 is amended by striking out " (1) " and by repealing paragraph (2). (c)(1) The International Security Assistance and Arms Export Control Act of 1976 is amended— (A) in section 202, hj striking out " (a) " immediately after "SEC. 202." and by repealing subsection (b); (B) by repealing section 217; (C) by repealing section 218; and (D) in section 407, by striking out " (a) " and by repealing subsection (b). (2) The International Security Assistance Act of 1977 is amended— (A) in section 9— (i) by striking out "REVIEW OF" in the section heading; (ii) by striking out " (a) " immediately after "SEC. 9."; and (iii) by repealing subsections (b) through (e); and (B) by repealing section 23. (3) Section 5 of the Emergency Security Assistance Act of 1973 is repealed. (4) Section 17 of the Foreign Assistance Act of 1974 is repealed.

39-194 O—80—pt. 1

51: QL3

22 USC 2321b. 84 Stat. 2054.

22 USC 2291 note. Repeals. 90 Stat. 734. 22 USC 2751 note. 22 USC 2751 note. 22 USC 2751 note. 22 USC 2151 note. 22 USC 2346 note. 22 USC 2751 note. 87 Stat. 837. 22 USC 2311 note.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/802

 92 STAT. 748

PUBLIC LAW 95-384—SEPT. 26, 1978 SAVINGS PROVISION

22 USC 1754 note. Ante, p. 74>l.

SEC. 30. Enactment of this Act shall not affect the authorizations of appropriations and limitations of authority applicable to the fiscal year 1978 which are contained in provisions or law amended by this Act (other than sections 31(a), (b), and (d) of the Arms Export Control Act). Approved September 26, 1978.

/ '

LEGISLATIVE HISTORY; HOUSE REPORTS: No. 95-1141, accompanying H.R. 12514 (Coram, on International Relations) and No. 95-1546 (Comm. of Conference). SENATE REPORT No. 95-841 (Comm. on Foreign Relations). CONGRESSIONAL RECORD, Vol. 124 (1978): June 5, July 25, 26, considered and passed Senate. July 31, Aug. 1, H.R. 12514 considered in House. Aug. 2, considered and passed House, amended, in lieu of H.R. 17514. Sept. 11, Senate agreed to conference report. Sept. 12, House agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 14, No. 39: Sept. 26, Presidential statement.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/803

 PUBLIC LAW 95-385—SEPT. 26, 1978

92 STAT. 749

Public Law 95-385 95th Congress An Act To transfer certain real property of the United States to the District of Columbia Redevelopment Land Agency.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in accordance with the provisions of this Act, the Mayor of the District of Columbia, consistent with the approval by the Council of the District of Columbia of the urban renewal plan requiring such action, is authorized and directed on behalf of the United States to transfer to the Redevelopment Land Agency all right, title, and interest of the United States in and to the following real property in the District of Columbia: A tract of land known for the purposes of assessment and taxation as lot 803 in square 493 and described as follows: Beginning for the same at a point in the west line of Fourth Street Southwest, 269.0 feet south of the south line of C Street Southwest, and running thence due south, with said west line of Fourth Street Southwest, 169.34 feet; thence northwesterly 603.44 feet to the east line of Sixth Street Southwest; thence, with said east line of Sixth Street Southwest due north 20.75 feet; thence southeasterly 201.17 feet; thence due east 374.0 feet to the point of beginning, containing 40,927.75 square feet, all as shown on a plat survey recorded in the Office of the Surveyor for the District of Columbia in survey book 18 at page 91. SEC. 2. The Redevelopment Land Agency is hereby authorized in accordance with the District of Columbia Redevelopment Act of 1945 (D.C. Code, secs. 5-701 through 5-719), to lease or sell, as an entirety or parts thereof separately, to one or more redevelopment companies or other lessees or purchaser, such real property as may be transferred to such Agency under the authority of this Act. SEC. 3. No transfer or donation of any interest in real property under the authority of this Act shall constitute a local grant-in-aid in connection with any urban renewal project being undertaken with Federal assistance under title I of the Housing Act of 1949, as amended. SEC. 4, As used in this Act, the terms "lessee", "purchaser", "real property", and "redevelopment company" shall have the respective meanings provided for such terms iby section 3 of the District of Columbia Redevelopment Act of 1945 (D.C. Code, sec. 5-702). Approved September 26, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1325 accompanying H.R. 13224 (Comm. on the District of Columbia). SENATE REPORT No. 95-1050 (Comm. on Governmental Affairs). CONGRESSIONAL RECORD, Vol. 124 (1978): Aug. 4, considered and passed Senate. Sept. 12, considered and passed House, in lieu of H.R. 13224.

Sept. 26, 1978 [S. 3119]

District of Columbia Redevelopment Land Agency. Transfer of U.13. property.

Leasing or selling of property, authorization.

42 USC 1450. Definitions.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/804

 92 STAT. 750

PUBLIC LAW 95-386—SEPT. 26, 1978

Public Law 95-386 95th Congress An Act Sept. 26. 1978 [S. 3120]

Temporary Commission on Financial Oversight of the District of Columbia, contractual authority, increase. B.C. Code 47-101 note.

Ui;;;

D.C. Code 47-120-2.

To enhance the flexibility of contractual authority of the Temporary Commission on Financial Oversight of the District of Columbia.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That sections 2(c) and 3(c) of the Act entitled "An Act to provide for an independent audit of the financial condition of the government of the District of Columbia", approved September 4, 1976 (Public Law 94-399, 90 Stat. 1205), are each amended by striking out "fixed price". SEC. 2. Section 2 of such Act is amended by adding at the end thereof the following new subsections: "(h) The Commission may select the government of the District of Columbia as a qualified person under subsection (a), and the chairman of the Commission may enter into contracts with the government of the District of Columbia under subsection (c). " (i)(l) The Commission is entitled, through an authorized representative, to inspect the facilities and audit the books and records of any contractor performing a contract under this Act, and any subcontractor performing any subcontract under a contract made by the Commission under this Act. "(2) Each contract entered into under this Act shall provide that the Comptroller General and his representatives are entitled, until the expiration of three years after final payment, to examine any pertinent books, documents, papers, or records of the contractor or any of his subcontractors engaged in the performance of and involving transactions relating to such contract or subcontract. "(i) Payments made by the Commission to the government of the District of Columbia under contracts entered into pursuant to the authority of this Act shall be available for matching purposes under any federally funded grant program provided that the grant is for a purpose similar to any purpose specified in section 2(a) of this Act.". SEC. 3. Sections 3 and 4 of such Act are amended by striking out "1979" each place it appears therein and inserting in lieu thereof "1982". Approved September 26, 1978.

,8Ti?i,dS "-MmfiiGpi

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1504 (Comm. on the District of Columbia). SENATE REPORT No. 95-1051 (Comm. on Governmental Affairs). CONGRESSIONAL RECORD, Vol. 124 (1978): Aug. 4, considered and passed Senate. Sept. 12, considered and passed House.

Dy-":n«|<|"A

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Page:United States Statutes at Large Volume 92 Part 1.djvu/805

 PUBLIC LAW 95-387—SEPT. 27, 1978

92 STAT. 751

Public Law 95-387 95th Congress An Act To permit any State the reciprocal right to sue in the Superior Court of the District of Columbia to recover taxes due such State.

Be it enacted 5y the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "District of Columbia Reciprocal Tax Collection Act". SEC. 2. (a) Any State, acting through its lawfully authorized officials, shall have the right to sue in the Superior Court of the District of Columbia to recover any tax lawfully due and owing to it in any case in which such reciprocal right is accorded to the District of Columbia by such State, whether such right is granted by statutory authority or as a matter of comity. (b) The certificate of the secretary of state, or of any other authorized official, of such State, or any subdivision thereof, to the effect that the official instituting a suit authorized under subsection (a) for collection of taxes in the Superior Court of the District of Columbia has the authority to institute such suit and collect such taxes shall be conclusive proof of such authority. SEC. 3. (a) In any State, or any subdivision thereof, in which the District of Columbia is authorized under the laws of such State to bring suit for the purpose of recovering taxes lawfully due and owing the District of Columbia, the Corporation Council is authorized to bring such suit in the name of the District of Columbia in the courts of such State, or any subdivision thereof. (b) In connection with any such suit, the Mayor of the District of Columbia is authorized to secure professional and other services at such rat-es as may be usual and customary for such services in the jurisdiction involved. SEC. 4. For purposes of this Act: (1) The term "taxes" means— (A) any tax assessment lawfully made, whether based upon a return or any other disclosure of the taxpayer or upon the information and belief of the taxing authority involved; (B) any penalty lawfully imposed pursuant to any law, ordinance, or regulation which imposes a tax; or (C) any interest charge lawfully added to the tax liability which constitutes the subject of any suit brought under section 2 or 3.

Sept. 27, 1978 [S. 1103] District of Columbia Reciprocal Tax Collection Act.

Definitions.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/806

 92 STAT. 752

PUBLIC LAW 95-387—SEPT. 27, 1978 (2) The term "State" means any of the several States, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Marianas, Guam, the Virgin Islands, American Samoa, the Trust Territory of the Pacific Islands, and any other territory or possession of the United States. ^,,., Approved September 27, 1978.

.i- "'i

' I "Of 7 '

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1366 (Comm. on the District of Columbia). SENATE REPORT No. 95-228 (Comm. on Governmental Affairs). CONGRESSIONAL RECORD: Vol. 1123 \ (1977): May 26, considered and passed Senate. Vol. 124 (1978): Sept. 12, considered and passed House, amended. Sept. 13, Senate concurred in House amendments.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/807

 PUBLIC LAW 95-388—SEPT. 27, 1978

92 STAT. 753

Public Law 95-388 95th Congress An Act To change the name of the District of Columbia Bail Agency to the District of Columbia Pretrial Services Agency.

Be it enacted by the Senate and House of Representatives of the United /States of America in Congress assembled, That (a) the text of section 23-1301 of title 23, District of Columbia Code, is amended by striking out "District of Columbia Bail Agency" and inserting in lieu thereof "District of Columbia Pretrial Services Agency". (b) The heading of such section is amended to read as follows: "§ 23-1301. District of Columbia Pretrial Services Agency". SEC. 2. (a) The heading of subchapter I of chapter 13 of title 23, District of Columbia Code, is amended to read as follows: "SUBCHAPTER I.—DISTRICT O F COLUMBIA P R E T R I A L SERVICES AGENCY". (b) The item relating to subchapter I in the table of sections at the beginning of such chapter is amended to read as follows: "Subchapter I—District of Columbia Pretrial Services Agency". (c) The item relating to section 23-1301 in such table is amended to read as follows: "23-1301. District of Columbia Pretrial Services Agency.". (d) The heading of such chapter is amended to read as follows: "CHAPTER 13.—PRETRIAL SERVICES AGENCY AND PRETRIAL DETENTION". (e) The item relating to chapter 13 in the table of chapters at the beginning of such title is amended to read as follows: "13. Pretrial Services Agency and Pretrial Detention 23-1301". SEC. 3. Any reference in any law, rule, regulation, document, or record of the United States or the District of Columbia to the District of Columbia Bail Agency shall be deemed to be a reference to the District of Columbia Pretrial Services Agency. Approved September 27, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1368 (Comm. on the District of Columbia). SENATE REPORT No. 95-895 (Comm. on Governmental Affairs). CONGRESSIONAL RECORD, Vol. 124 (1978): May 26, considered and passed Senate. Sept. 12, considered and passed House, amended. Sept. 13, Senate concurred in House amendments.

Sept. 27, 1978 [S. 2556]

District of Columbia Bail Agency, change of name.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/808

 92 STAT. 754

PUBLIC LAW 95-389—SEPT. 29. 1978

Public Law 95-389 95th Congress

- »GO. K- ; Joint Resolution

sept. 29, 1978 [S.J. Res. 133]

National Good Neighbor Day. Designation authorization.

-p^ authorize aud request the President to issue a proclamation designating September 24, 1978, as "National Good Neighbor Day".

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the President is authorized and requested to issue a proclamation designating Septemi,er 24, 1978, as "National Good Neighbor Day", and calling upon the people of the United States and interested groups and organizations to observe such day with appropriate ceremonies and activities. Approved September 29, 1978.

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LEGISLATIVE HISTORY: SENATE REPORT No. 95-942 (Comm. on the Judiciary). CONGRESSIONAL RECORD, VoL 124 (1978): June 23, considered and passed Senate. Sept. 20, considered and passed House.

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 PUBLIC LAW 95-390—SEPT. 29, 1978

92 STAT. 755

Public Law 95-390 95th Congress An Act To authorize Federal agencies to experiment with flexible and compressed employee work schedules.

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

SHORT TITLE

1. This Act may be cited as the "Federal Employees Flexible and Compressed Work Schedules Act of 1978". SECTION

Sept. 29, 1978 [H.R. 7814]

Federal Employees Flexible and Compressed Work Schedules Act of 1978. 5 USC 6101 note.

CONGRESSIONAL FINDINGS

SEC. 2. The Congress finds that new trends in the usage of 4-day workweeks, flexible work hours, and other variations in workday and workweek schedules in the private sector appear to show sufficient promise to warrant carefully designed, controlled, and evaluated experimentation by Federal agencies over a 3-year period to determine whether and in what situations such varied work schedules can be successfully used by Federal agencies on a permanent basis. The Congress also finds that there should be sufficient flexibility in the work schedules of Federal employees to allow such employees to meet the obligations of their faith.

5 USC 6101 note.

DEFINITIONS

SEC. 3. For purposes of this Act (other than title IV)— (1) the term "agency" means an Executive agency and a military department (as such terms are defined in sections 105 and 102, respectively, of title 5, United States Code); (2) the term "employ" has the meaning given it by section 2105 of title 5, United States Code; (3) the term "Commission" means the United States Civil Service Commission; and (4) the term "basic work requirement" means the number of hours, excluding overtime hours, which an employee is required to work or is required to account for by leave or otherwise.

5 USC 6101 note.

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EXPERIMENTAL PROGRAMS

SEC. 4. (a)(1) Within 180 days after the effective date of this section, 5 USC 6101 note, and subject to the requirements of section 302 and the terms of any written agreement referred to in section 302(a), the Commission shall establish a program which provides for the conducting of experiments by the Commission under titles I and II of this Act. Such experimental program shall cover a sufficient number of positions throuj^hout the executive branch, and a sufficient range of worktime alternatives, as to provide an adequate basis on which to evaluate the effectiveness and desirability of permanently maintaining flexible or compressed work schedules within the executive branch.
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Page:United States Statutes at Large Volume 92 Part 1.djvu/810

 PUBLIC LAW 95-390—SEPT. 29, 1978

92 STAT. 756

Master plan. Study.

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Report.

(2) Each agency may conduct one or more experiments under titles I and II of this Act. Such experiments shall be subject to such regulations as the Commission may prescribe under section 305 of this A.ct. (b) The Commission shall, not later than 90 days after the effective date of this section, establish a master plan which shall contain guidelines and criteria by which the Commission will study and evaluate experiments conducted under titles I and II of this Act. Such master plan shall provide for the study and evaluation of experiments within a sample of organizations of different size, geographic location, and functions and activities, sufficient to insure adequate evaluation of the impact of varied work schedules on— (1) the efficiency of Government operations; -, \ (2) mass transit facilities and traffic; . ' (8^ levels of energy consumption; (4) service to the public; (5) increased opportunities for full-time and part-time employment; and (6) individuals and families generally. (c) The Commission shall provide educational material, and technical aids and assistance, for use by an agency before and during the period such agency is conducting experiments under this Act. (d) If the head of an agency determines that the implementation of an experimental program referred to in subsection (a) would substantially disrupt the agency in carrying out its functions, such agency head shall request the Commission to exempt such agency from the requirements of any experiment conducted by the Commission under subsection (a). Such request shall be accompanied by a report detailing the reasons for such determination. The Commission shall exempt an agency from such requirements only if it finds that including the agency within the experiment would not be in the best interest of the public, the Government, or the employees. The filing of such a request with the Commission shall exclude the agency from the experiment until the Commission has made its determination or until 180 days after the date the request is filed, whichever first occurs. TITLE I—FLEXIBLE SCHEDUI.ING O F WORK HOUKS DEFINITIONS

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SEC. 101. For purposes of this title— '-' (1) the term "credit hours" means any hours, within a flexible schedule established under this title, which are in excess of an employee's basic work requirement and which the employee elects to work so as to vary the length of a workweek or a workday; and (2) the term "overtime hours" means all hours in excess of 8 hours in a day or 40 hours in a week which are officially ordered in advance, but does not include credit hours.

5 USC 6101 note.

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5 use6101 note.

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E L E X I B I ^ SCHEDULING

EXPERIMENTS

SEC. 102. (a) Notwithstanding section 6101 of title 5, United States Code, experiments may be conducted in agenices to test flexible schedules which include— (1) designated hours and days during which an employee on such a schedule must be present for work; and (2) designated hours during which an employee on such a schedule may elect the time of such employee's arrival at and

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Page:United States Statutes at Large Volume 92 Part 1.djvu/811

 PUBLIC LAW 95-390—SEPT. 29, 1978

92 STAT. 757

departure from work, solely for such purpose or, if and to the extent permitted, for the purpose of accumulating credit hours to reduce the length of the workweek or another workday. An election by an employee referred to in paragraph (2) shall be subject to limitations generally prescribed to ensure that the duties and requirements of the employee's position are fulfilled. (b) Notwithstanding any other provision of this Act, but subject to the terms of any written agreement under section 302(a) — (1) any experiment under subsection (a) of this section may be terminated by the Commission if it determines that the experiment is not in the best interest of the public, the Government, or the employees; or (2) if the head of an agency determines that any organization within the agency which is participating in an experiment under subsection (a) is being substantially disrupted in carrying out its functions or is incurring additional costs because of such participation, such agency head may— (A) restrict the employees' choice of arrival and departure • time, ' (B) restrict the use of credit hours, or (C) exclude from such experiment any employee or group of employees. (c) Experiments under subsection (a) shall terminate not lat«r than the end of the 3-year period which begins on the effective date of this title. COMPUTATION OF P R E M I U M

PAY

SEC. 103. (a) For purposes of determining compensation for over- 5 USC 6101 note, time hours in the case of an employee participating in an experiment under section 102— (1) the head of an agency may, on request of the employee, grant the employee compensatory time off in lieu of payment for such overtime hours, whether or not irregular or occasional in nature and notwithstanding the provisions of sections 5542(a), 5543(a)(1), 5544(a), and 5550 of title 5, United States Code, section 4107(e)(5) of title 38, United States Code, section 7 of the Fair Labor Standards Act, as amended, or any other provision 29 USC 207. is I of law; or .^ (2) the employee shall be compensated for such overtime hours in accordance with such provisions, as applicable. (b) Notwithstanding the provisions of law referred to in paragraph (1) of subsection (a), an employee shall not be entitled to be compensated for credit hours worked except to the extent authorized under section 106 or to the extent such employee is allowed to have such ' J J •;*."; hours taken into account with respect to the employee's basic work requirement. (c)(1) Notwithstanding section 5545(a) of title 5, United States Code, premium pay for nightwork will not be paid to an employee otherwise subject to such section solely because the employee elects to work credit hours, or elects a time of arrival or departure, at a time of day from which such premium pay is otherwise authorized; except that— (A) if an employee is on a flexible schedule under which— (i) the number of hours during which such employee must be present for work, plus

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Page:United States Statutes at Large Volume 92 Part 1.djvu/812

 92 STAT. 758

PUBLIC LAW 95-390—SEPT. 29, 1978
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(ii) the number of hours during which such employee may elect to work credit hours or elect the time of arrival at and departure from work, which occur outside of the night work hours designated in or under such section 5545(a) total less than 8 hours, such premium pay shall be paid for those hours which, when combined with such
 * total, do not exceed 8 hours, and

(B) if an employee is on a flexible schedule under which the hours that such employee must be present for work include any hours designated in or under such section 5545(a), such premium pay shall be paid for such hours so designated. (2) Notwithstanding section 5343(f) of title 5, United States Code, and 4107(e)(2) of title 38, United States Code, night differential will not be paid to any employee otherwise subject to either of such sections solely because such employee elects to work credit hours, or elects a time of arrival or departure, at a time of day for which night differential is otherwise authorized; except that such differential shall be paid to an employee on a flexible schedule under this title— (A) in the case of an employee subject to such section 5343(f), for which all or a majority of the hours of such schedule for any 4; day fall between the hours specified in such section, or (B) in the case of an employee subject to such section 4107 (e)(2), for which 4 hours of such schedule fall between the hours pi specified in such section. ,, ,, HOLIDAYS

5 USC 6101 note.

g^,^^ ^04. Notwithstanding sections 6103 and 6104 of title 5, United States Code, if any employee on a flexible schedule under this title is relieved or prevented from working on a day designated as a holiday by Federal statute or Executive order, such employee is entitled to pay with respect to that day for 8 hours (or, in the case of a parttime employee, an appropriate portion of the employee's biweekly basic work requirement as determined under regulations prescribed by the Commission). TIME-RECORDING DEVICES

5 USC 6101 note.

SEC. 105. Notwithstanding section 6106 of title 5, United States Code, the Commission or an agency may use recording clocks as part of its experiments under this title. C R E D I T H O U R S; A C C U M U L A T I O N A N D COMPENSATION

5 use6101 note.

SEC 106. (a) Subject to any limitation prescribed by the Commission or the agency, a full-time employee on a flexible schedule can accumulate not more than 10 credit hours, and a part-time employee can accumulate not more than one-eighth of the hours in such employee's biweekly basic work requirement, for carryover from a biweekly pay period to a succeeding biweekly pay period for credit to the basic work requirement for such period. (b) Any employee who is on a flexible schedule experiment under this title and who is no longer subject to such an experiment shall be paid at such employee's then current rate of basic pay for— (1) in the case of a full-time employee, not more than 10 credit hours accumulated by such employee, or

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Page:United States Statutes at Large Volume 92 Part 1.djvu/813

 PUBLIC LAW 95-390—SEPT. 29, 1978 (2) in the case of a part-time employee, the number of credit hours (not in excess of one-eighth of the hours in such employee's biweekly basic work requirement) accumulated by such employee.

92 STAT. 759 '"'

TITLE II—4-DAY W E E K AND OTHER COMPRESSED WORK SCHEDULES DEFINITIONS

SEC. 201. For purposes of this title— 5 USC 6101 note. (1) the term "compressed schedule" means— (A) in the case of a full-time employee, an 80-hour biweekly basic work requirement which is scheduled for less than 10 workdays, and (B) in the case of a part-time employee, a biweekly basic work requirement of less than 80 hours which is scheduled for less than 10 workdays; and (2) the term "overtime hours" means any hours in excess of those specified hours which constitute the compressed schedule. COMPRESSED SCHEDULE EXPERIMENTS

SEC. 202. (a) Notwithstanding section 6101 of title 5, United States 5 USC 6101 note. Code, experiments may be conducted in agencies to test a 4-day workweek or other compressed schedule. (b)(1) An employee in a unit with respect to which an organization of Government employees has not been accorded exclusive recognition shall not be required to participate in any experiment under subsection (a) unless a majority of the employees in such unit who, but for this paragraph, would be included in such experiment have voted to be so included. (2) Upon written request to any agency by an employee, the agency, if it determines that participation in an experiment under subsection (a) would impose a personal hardship on such employee, shall— (A) except such employee from such experiment; or (B) reassign such employee to the first position within the agency— ,;,:,;•, lOU;}^';i b (i) which becomes vacant after such determination, (ii) which is not included within such experiment, (iii) for which such employee is qualified, and (iv) which is acceptable to the employee. A determination by an agency under this paragraph shall be made not later than 10 days after the day on which a written request for such determination is received by the agency. (c) Notwithstanding any other provision of this Act, but subject to the terms of any written agreement under section 302(a), any .'.-i^-^c-i •& experiment under subsection (a) may be terminated by the Commission, or the agency, if it determines that the experiment is not in the best interest of the public, the Government, or the employees. (d) Experiments under subsection (a) shall terminate not later than the end of the 3-year period which begins on the effective date of this title. COMPUTATION OF P R E M I U M PAY

SEC. 203. (a) The provisions of sections 5542(a), 5544(a), and 5550(2) of title 5, United States Code, section 4107(e)(5) of title 38, United States Code, section 7 of the Fair Labor Standards Act, as

5 USC 6101 note.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/814

 92 STAT. 760 29 USC 207.

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PUBLIC LAW 95-390—SEPT. 29, 1978 amended, or any other law, which relate to premium pay for overtime work, shall not apply to the hours which constitute a compressed schedule. (b) In the case of any full-time employee, hours worked in excess of the compressed schedule shall be overtime hours and shall be paid for as provided by whichever statutory provisions referred to in subsection (a) are applicable to the employee. In the case of any part-time employee on a compressed schedule, overtime pay shall begin to be paid after the same number of hours of work after which a full-time employee on a similar schedule would begin to receive overtime pay. (c) Notwithstanding section 5544(a), 5546(a), or 5550(1) of title 5, United States Code, or any other applicable provision of law, in the case of any full-time employee on a compressed schedule who performs work (other than overtime work) on a tour of duty for any workday a part of which is performed on a Sunday, such employee is entitled to pay for work performed during the entire tour of duty at the rate of such employee's basic pay, plus premium pay at a rate equal to 25 percent of such basic pay rate. (d) Notwithstanding section 5546(b) of title 5, United States Code, an employee on a compressed schedule who performs work on a holiday designated by Federal statute or Executive order is entitled to pay at the rate of such employee's basic pay, plus premium pay at a rate equal to such basic pay rate, for such work which is not in excess of the basic work requirement of such employee for such day. For hours worked on such a holiday in excess of the basic work requirement for such day, the employee is entitled to premium pay in accordance with the provisions of section 5542(a) or 5544 (a) of title 5, United States Code, as applicable, or the provisions of section 7 of the Fair Labor Standards Act, as amended, whichever provisions are more beneficial to the employee. TITLE III—ADMINISTRATIVE PROVISIONS ADMINISTRATION OF LEAVE AND RETIREMENT PROVISIONS

5 use6101 note.

SEC. 301. For purposes of administering sections 6303(a), 6304, 6307 (a) and (c), 6323, 6326, and 8339(m) of title 5, United States Code, in the case of an employee who is in any experiment under title I or II, references to a day or workday (or to multiples or parts thereof) contained in such sections shall be considered to be references to 8 hours (or to the respective multiples or parts thereof). APPLICATION OP EXPERIMENTS I N THE CASE OF NEGOTIATED CONTRACTS

5 use6101 note.

SEC. 302. (a) Employees within a unit with respect to which an organization of Government employees has been accorded exclusive recognition shall not be included within any experiment under title I or II of this Act except to the extent expressly provided under a written agreement between the agency and such organization. (b) The Commission or an agency may not participate in a flexible or compressed schedule experiment under a negotiated contract which contains premium pay provisions which are inconsistent with the provisions of section 103 or 203 of this Act, as applicable.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/815

 PUBLIC LAW 95-390—SEPT. 29, 1978

92 STAT. 761

PROHIBITION OF COERCION

SEC. 303. (a) An employee may not directly or indirectly intimidate, threaten, or coerce, or attempt to intimidate, threaten, or coerce, any other employee for the purpose of interfering with— (1) such employee's rights under title I to elect a time of arrival or departure, to work or not to work credit hours, or to request or not to request compensatory time off in lieu of payment for ''.'•'. overtime hours; or (2) such employee's right under section 202(b)(1) to vote whether or not to be included within a compressed schedule experiment or such employee's right to request an agency determination under section 202(b)(2). For the purpose of the preceding sentence, the term "intimidate, threaten, or coerce" includes, but is not limited to, promising to confer or conferring any benefit (such as appointment, promotion, or compensation), or effecting or threatening to effect any reprisal (such as deprivation of appointment, promotion, or compensation). (b) Any employee who violates the provisions of subsection (a) shall, upon a final order of the Commission, be— (1) removed from such employee's position, in which event that employee may not thereafter hold any position as an employee for such period as the Commission may prescribe; (2) suspended without pay from such employee's position for such period as the Commission may prescribe; or (3) disciplined in such other manner as the Commission shall deem appropriate. The commission shall prescribe procedures to carry out this subsection under which an employee subject to removal, suspension, or other disciplinary action shall have rights comparable to the rights afforded an employee subject to removal or suspension under subchapter III of chapter 73 of title 5, United States Code, relating to certain prohibited political activities.

5 USC 6101 note.

"Intimidate, threaten, or coerce, Penalty.

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5 USC 7321 et ^^q-

REPORTS

SEC. 304. Not later than 2i/^ years after the effective date of titles I and II of this Act, the Commission shall— (1) prepare an interim report containing recommendations as to what, if any, legislative or administrative action shall be taken based upon the results of experiments conducted under this Act, and (2) submit copies of such report to the President, the Speaker of the House, and the President pro tempore of the Senate,. The Commission shall prepare a final report with regard to experiments conducted under this Act and shall submit copies of such report to the President, the Speaker of the House, and the President pro tempore of the Senate not later than 3 years after such effective date.

5 USC 6101 note,

Transmittal to President and. Congress,

REGUIiATIONS

SEC. 305. The Commission shall prescribe regulations necessary for 5 USC 6101 note, the administration of the foregoing provisions of this Act.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/816

 92 STAT. 762

PUBLIC LAW 95-390—SEPT. 29, 1978 ErFECTIVE DATE

5 USC 6101 note.

gj,^, ^QQ rpj^^ provisions of section 4 and titles I and II of this Act shall take effect on the 180th day after— (1) the date of the enactment of this Act, or (2) October 1, 1978, whichever date is later. TITLE IV—ADJUSTMENT OF WORK SCHEDULES FOR RELIGIOUS OBSERVANCES COMPENSATORY T I M E OFF FOR RELIGIOUS OBSERVANCES

5 USC 5550a. Regulations.

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SEC. 401. (a) Subchapter V of chapter 55 of title 5, United States Code, is amended by adding at the end thereof the following new section: "§ 5550a. Compensatory time off for religious observances "(a) Not later than 30 days after the date of the enactment of this section, the Civil Service Commission shall prescribe regulations providing for work schedules under which an employee whose personal religious beliefs require the abstention from work during certain periods of time, may elect to engage in overtime work for time lost for meeting those religious requirements. Any employee who so elects such overtime work shall be granted equal compensatory time off from his scheduled tour of duty (in lieu of overtime pay) for such religious reasons, notwithstanding any other provision of law. "(b) In the case of any agency described in subparagraphs (C) through (G) of section 5541(1) of this title, the head of such agency (in lieu of the Commission) shall prescribe the regulations referred to in subsection (a) of this section. " (c) Regulations under this section may provide for such exceptions as may be necessary to efficiently carry out the mission of the agency or agencies involved.". (b) The analysis for chapter 55 of title 5, United States Code, is amended by adding after the item relating to section 5550 the following: "5550a. Compensatory time ofif for religious observances.". Approved September 29, 1978.

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LEGISLATIVE HISTORY: S'KW KJid »;

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HOUSE REPORT No. 95-912 (Comm. on Post Office and Civil Service). SENATE REPORT No. 95-1143 accompanying S. 517 (Comm. on Governmental Affairs and Comm. on Human Resources). CONGRESSIONAL RECORD, Vol. 124 (1978): Mar. 13, considered and failed of passage in House. May 25, considered and passed House. Sept. 15, considered and passed Senate, in lieu of S. 517. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 14, No. 39: Sept. 29, Presidential statement.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/817

 PUBLIC LAW 95-391—SEPT. 30, 1978

92 STAT. 763

Public Law 95-391 95th Congress An Act Making appropriations for the Legislative Braneti for the fiscal year ending September 30, 1979, and for other purposes.

Sept. 30, 1978 [H.R. 129315]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following Legislative sums are appropriated, out of any money in the Treasury not otherwise Branch appropriated, for the Legislative Branch for the fiscal year ending ^PP'Syg**"" September 30, 1979, and lor other purposes, namely: TITLE I—CONGRESSIONAL OPERATIONS '

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SENATE

COMPENSATION AND MILEAGE OF THE VICE PRESIDENT AND SENATORS A D EXPENSE ALLOWANCES OF THE VICE PRESIDENT, THE LEADERS, N AND W H I P S OF THE SENATE

Congressional Operations Appropriation Act, 1979.

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COMPENSATION AND MILEAGE OF THE VICE PRESIDENT AND SENATORS

For compensation and mileage of the Vice President and Senators of the United States, $6,480,000. EXPENSE ALLOWANCES OF THE VICE PRESIDENT, MAJORITY AND MINORITY LEADERS AND MAJORITY AND MINORITY W H I P S

For expense allowances of the Vice President, $10,000; Majority Leader of the Senate $5,000; Minority Leader of the Senate, $5,000; Majority Whip of the Senate, $2,500; and Minority Whip of the Senate, $2,500; in all, $25,000. SALARIES, OFFICERS AND EMPLOYEES

For compensation of officers, employees, clerks to Senators, and others as authorized by law, including agency contributions and longevity compensation as authorized, which shall be paid from this appropriation without regard to the below limitations, as follows: OFFICE O F THE VICE PRESIDENT

For clerical assistance to the Vice President, $767,000. For an additional amount for "Office of the Vice President", fiscal year 1978, $35,500. OFFICE OF THE PRESIDENT PRO TEMPORE

For Office of the President Pro Tempore, $116,000. For an additional amount for "Office of the President Pro Tempore", fiscal year 1978, $4,900.

39-194 O—80—pt. 1

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Page:United States Statutes at Large Volume 92 Part 1.djvu/818

 92 STAT. 764

PUBLIC LAW 95-391—SEPT. 30, 1978 OFFICES OF THE MAJORITY AND M I N O R I T T LEADERS

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For Offices of the Majority and Minority Leaders, $411,000. For an additional amount for "Offices of the Majority and Minority Leaders", fiscal year 1978, $27,600.

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FLOOR ASSISTANTS TO THE MAJORITY AND MINORITY LEADERS

For Floor Assistants to the Majority and Minority Leaders, $103,000. For an additional amount for "Floor Assistants to the Majority and Minority Leaders", fiscal year 1978, $100. "

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OFFICES o r THE MAJORITY AND MINORITY W H I P S

For Offices of the Majority and Minority Whips, $239,000. For an additional amount for "Offices of the Majority and Minority Whips", fiscal year 1978, $16,800. OFFICES OF THE SECRETARIES OF THE CONFERENCE OF THE MAJORITY AND THE CONFERENCE OF THE MINORITY

For Offices of the Secretaries of the Conference of the Majority and the Conference of the Minority, $132,000. For an additional amount for "Offices of the Secretaries of the Conference of the Majority and the Conference of the Minority", fiscal year 1978, $4,700. OFFICE OF THE CHAPLAIN

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For Office of the Chaplain, $40,000. For an additional amount for "Office of the Chaplain", fiscal year 1978, $3,200. OFFICE OF THE SECRETARY

2 USC 61b-la.

For office of the Secretary, $4,116,000, including $180,253 required for the purpose specified and authorized by section 74(b) of title 2, United States Code: Provided, That, effective October 1, 1978, the Secretary may appoint and fix the compensation of a Staff Assistant at not to exceed $27,745 per annum in lieu of not to exceed $25,776 per annum; an Assistant Reporter of Debates at not to exceed $33,115 per annum in lieu of not to exceed $35,084 per annum; an Assistant Keeper of Stationery at not to exceed $30,072 per annum in lieu of not to exceed $27,566 per annum; a Chief Clerk, Stationery Room, at not to exceed $21,480 per annum in lieu of not to exceed $19,332 per annum; a Bookkeeper, Stationery Room, at not to exceed $19,690 per annum in lieu of not to exceed $17,542 per annum; a Senior Counter Clerk, Stationery Room, at not to exceed $15,752 per annum in lieu of a Clerk at not to exceed $14,678 per annum; a Secretary to Parliamentarian at not to exceed $20,585 per annum in lieu of not to exceed $18,258 per annum; an Assistant Journal Clerk at not to exceed $34,368 per annum in lieu of not to exceed $21,480 per annum; a Counter Clerk, Stationery Room, at not to exceed $14,678 per annum in lieu of an Information Clerk, Digest, at not to exceed $11,277 per annum; a Counter Clerk, Stationery Room, at not to exceed $14,678 per annum in lieu of a Clerk at not to exceed $13,962 per annum; an Associate Historian at not to exceed $26,671 per annum in lieu of not to exceed $23,628 per annum; a Photo Historian at not to exceed

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