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 91 STAT. 846 Report to Speaker of the House of Representatives and congressional committee.

PUBLIC LAW 95-105—AUG. 17, 1977 (b) Not later than January 1, 1978, the Secretary of State shall transmit to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate a report on measures the Department of State has taken to strengthen educational exchange activities in accordance with subsection (a) of this section. AMERICANS INCARCERATED ABROAD

22 USC 2151n-l.

Annual report to Speaker of the House and congressional committee.

SEC. 108. It is the sense of the Congress that the Secretary of State should make every effort to seek the early release of American citizens unjustifiably held in foreign jails, and that he should direct the appropriate consular officers to redouble their efforts for the protection and welfare of imprisoned American citizens abroad. Beginning February 15, 1978, the Secretary of State shall transmit annually to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate a report on the number of American citizens in foreign jails, the charges against them, and what measures have been taken to assist these individuals, including his assessment of the performance of embassy and consular personnel in providing such assistance in each foreign country where American citizens are incarcerated. ASSISTANT SECRETARIES OF STATE

Assistant Secretary of State for Human Rights and Humanitarian Affairs. 22 USC 2384.

Infra.

22 USC 2151n. 22 USC 2304.

22 USC 2314. 22 USC 2755. eoordinator for Human Rights and Humanitarian Affairs, assumption of duties. 22 USC 2384 note.

SEC. 109. (a)(1)(A) Paragraph (1) of section 624(f) of the Foreign Assistance Act of 1961 is amended to read as follows: "(f)(1) There shall be in the Department of State an Assistant Secretary of State for Human Rights and Humanitarian Affairs who shall be responsible to the Secretary of State for matters pertaining to human rights and humanitarian affairs (including matters relating to refugees, prisoners of war, and members of the United States Armed Forces missing in action) in the conduct of foreign policy. The Secretary of State shall carry out his responsibility under section 502B of this Act through the Assistant Secretary.". (B) Paragraph (2) of such section 624(f) is amended by striking out "Coordinator" and inserting in lieu thereof "Assistant Secretary of State". (2) Section 116(c) of such Act is amended by striking out "Coordinator" in the text preceding paragraph (1) and inserting in lieu thereof "Assistant Secretary". (3) Section 502B of such Act is amended— (A) in subsection (b) by striking out "Coordinator" in the first sentence and inserting in lieu thereof "Assistant Secretary of State"; and (B) in subsection (c)(1) by striking out "Coordinator" in the text preceding subparagraph (A) and inserting in lieu thereof "Assistant Secretary of State". (4) Section 505(g)(4)(A) of such Act is amended by striking out "Coordinator" in the text preceding clause (i) and inserting in lieu thereof "Assistant Secretary of State". (5) Section 5(d)(1) of the Arms Export Control Act is amended by striking out "Coordinator" in the text preceding subparagraph (A) and inserting in lieu thereof "Assistant Secretary of State". (6) The individual holding the position of Coordinator for Human Rights and Humanitarian Aft'airs on the date of enactment of this section shall assume the duties of the Assistant Secretary of State for Human Rights and Humanitarian Affairs and shall not be required to be reappointed by reason of the enactment of this section.

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 PUBLIC LAW 9 5 - 1 0 5 — A U G. 17, 1977 (7) Not later than January 31, 1978, the Secretary of State shall transmit to the Speaker of the House of Representatives and the chairmen of the Senate Committee on Foreign Relations and the Senate Committee on the J u d i c i a r y a comprehensive report on the Office of the Assistant Secretary for Human Rights and Human i t a r i a n Affairs, including its current mandate and operations, the mandate and operations of its predecessor offices, and proposals for the reorganization of the Department of State that would strengthen human rights and humanitarian considerations in the conduct of United States foreign policy pnd promote the ability of the United States to participate effectively in international humanitarian efforts. ( b U l) Section 104 of the Immigration and Nationality Act (8 U.S.C. 1104) is amended— (A) in subsection (a)(2), by striking out "Security and "; (B) in subsection (b) — (i) in the first sentence by striking out "Security and " and all that follows through "Assistant Secretary of State " and inserting in lieu thereof "Consular Affairs, to be headed by an Assistant Secretary of State for Consular Affairs"; (ii) by striking out the second sentence; and (iii) in the t h i r d sentence, by striking out "administrator" and inserting in lieu thereof "Assistant Secretary of State for Consular Affairs"; (C) in subsection (d), by striking out "Security and "; and (D) by repealing subsection (f). (2) Section 105 of such Act is amended by striking out "administ r a to r " both places it appears and inserting in lieu thereof "Assistant Secretary of State for Consular Affairs". (3) Section 1 0 1 (a)(1) of such Act is amended by striking out "administrator of the Bureau of Security and Consular Affairs of the Department of State " and inserting in lieu thereof "Assistant Secretary of State for Consular Affairs". (4) The individual holding the position of administrator of the Bureau of Security and Consular Affairs on the date of enactment of this section shall assume the duties of the Assistant Secretary of State for Consular Affairs and shall not be required to be reappointed by reason of the enactment of this section. (5) Any reference in any law to the Bureau of Security and Consular Affairs or to the administrator of such Bureau shall be deemed to be a reference to the Bureau of Consular Affairs or to the Assistant Secretary of State for Consular Affairs, respectively. (c) The first section of the Act entitled " A n Act to strengthen and improve the organization and administration of the Department of State, and for other purposes", approved May 26, 1949 (22 U.S.C. 2652), is amended by striking out "eleven" and inserting in lieu thereof "thirteen". (d) Section 5315 of title 5, United States Code, is amended— (1) by repealing paragraph (1); and (2) by striking out " ( 1 1) " in paragraph (22) and inserting in lieu thereof " ( 1 3) ".

91 STAT. 847 Report to Speaker of the House and congressional committee.

22 USC 2384 note.

Assistant Secretary of State for Consular Affairs.

Repeal. 8 USC 1105. 8 USC 1101.

8 USC 1104 note.

SATXT LAWRENCE SEAWAY TOLL NEGOTIATIONS

SEC. 110. (a) There is established an advisory board (hereafter in Advisory board, this section referred to as the " B o a r d ") to advise the Secretary of State establishment, with respect to the negotiations with Canada concerning toll increases on the Saint Lawrence Seaway and the Welland Canal.

9Q-1Qa n _ an

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


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Page:United States Statutes at Large Volume 91.djvu/882

 91 STAT. 84S Membership.

Compensation.

Termination.

PUBLIC LAW 95-105—AUG. 17, 1977 (b) The Board shall consist of 15 members appointed by the President from among representatives of groups in the Great Lakes area which would be affected most directly by increased tolls, including port directors, port authorities, maritime labor, shipping companies, shippers, and consumers. (c)(1) Members of the Board shall each be entitled to receive the daily equivalent of the maximum annual rate of basic pay in effect for grade GS-15 of the General Schedule for each day (including traveltime) during which they are engaged in the actual performance of duties vested in the Board. (2) While away from their homes or regular places of business in the performance of services for the Board, members of the Board shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed inteiTnittently in the Government service are allowed expenses under section 5703 of title 5, United States Code. (d) The Board shall cease to exist on the date designated by the Secretary of State as the date on which the negotiations described in subsection (a) are completed or on September 30, 1978, whichever date occurs first. LIABILITY o r CONSULAR OFFICERS

Repeals.

22 USC 1199 note.

SEC. 111. (a)(1) Sections 1735 and 1736 of the Revised Statutes of the United States (22 U.S.C. 1199) are repealed. (2) The section analysis of chapter two of title X VIII of the Revised Statutes of the United States is amended by striking out the items relating to sections 1735 and 1736. (b) The repeals made by subsection (a) shall not affect suits commenced before the date of enactment of this Act. CERTAIN NONIMMIGRANT

Applications, recommendation of approval.

22 USC 2691.

Certification to Speaker of the House and Senate committee.

VISAS

SEC. 112. The Act entitled "An Act to provide certain basic authority for the Department of State", approved August 1, 1956, is amended by adding at the end thereof the following new section. "SEC. 21. For purposes of achieving greater United States compliance with the provisions of the Final Act of the Conference on Security and Cooperation in Europe (signed at Helsinki on August 1, 1975) and for purposes of encouraging other signatory countries to comply with those provisions, the Secretary of State should, within 30 days of receiving an application for a nonimmigrant visa by any alien who is excludible from the United States by reason of membership in or affiliation with a proscribed organization but who is otherwise admissible to the United States, recommend that the Attorney General grant the approval necessary for the issuance of a visa to such alien, unless the Secretary determines that the admission of such alien would be contrary to the security interests of the United States and so certifies to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate.". P U B L I C PARTICIPATION I N STATE DEPARTMENT PROCEEDINGS

SEC. 113. (a) The Act entitled "An Act to provide certain basic authority for the Department of State", approved August 1, 1956, as amended by section 112 of this Act, is further amended by adding at the end thereof the following new section:

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Page:United States Statutes at Large Volume 91.djvu/883

 PUBLIC LAW 95-105—AUG. 17, 1977

91 STAT. 849

"SEC. 22. (a) The Secretary of State may compensate, pursuant Compensation. to- regulations which he shall prescribe, for the cost of participating 22 USC 2692. in any proceeding or on any advisory committee or delegation of the Department of State, any organization or person— "(1) who is representing an interest which would not otherwise be adequately represented and whose participation is necessary for a fair determination of the issues taken as a whole; and "(2) who would otherwise be unable to participate in such proceeding or on such committee or delegation because such organization or person cannot afford to pay the costs of such participation. "(b) Of the funds appropriated for salaries and expenses for the Funds, Department of State, not to exceed $250,000 shall be available in any availability. fiscal year for compensation under this section to such organizations and persons.". Effective date. (b) Subsection (a) shall become effective on October 1, 1977. 22 USC 2692 note. TITLE II—UNITED STATES INFORMATION AGENCY AUTHORIZATION

OF APPROPRIATIONS

SEC. 201. (a) There are authorized to be appropriated for the United States Information Agency for fiscal year 1978, to carry out international informational activities and programs under the United States Information and Educational Exchange Act of 1948, the Mutual 22 USC 1431 Educational and Cultural Exchange Act of 1961, and Reorganization note. Plan Numbered 8 of 1953, and other purposes authorized by law, 22 USC 2451 note. the following amounts: 22 USC 1461 (1) For "Salaries and expenses" and "Salary and expenses note. (special foreign currency program)", $269,286,000. (2) For "Special international exhibitions", $4,360,000. (3) For "Acquisition and construction of radio facilities", $19,872,000. (4) For increases in salary, pay, retirement, and other employee benefits authorized by law, and for other nondiscretionary costs, such additional amounts as may be necessary. (b) Amounts appropriated under this section are authorized to remain available until expended. TRANSFER

AUTHORITY

SEC. 202. Funds authorized to be appropriated for fiscal year 1978 by any paragraph of section 201(a) (other than paragraph (4)) may be appropriated for such fiscal year for a purpose for which appropriations are authorized by any other paragraph of such section (other than paragraph (4)), except that the total amount appropriated for a purpose described in any paragraph of section 201(a) (other than paragraph (4)) may not exceed the amount specifically authorized for such purpose by section 201(a) by more than 10 per centum. REPLACEMENT OF FACILITIES I N SOWETO, REPUBLIC OF SOUTH AFRICA

SEC. 203. The Director of the United States Information Agency Plan, submittal shall prepare and submit to the Secretary of State plans for the *" Secretary.

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Page:United States Statutes at Large Volume 91.djvu/884

 91 STAT. 850 22 USC 299.

PUBLIC LAW 95-105—AUG. 17, 1977 replacement under the Foreign Service Buildings Act, 1926, of the Agency's facilities in Soweto, Republic of South Africa. DISTRIBUTION W I T H I N THE UNITED STATES OF CERTAIN F I L M S PREPARED BY THE UNITED STATES INFORMATION AGENCY

National Archives, depository for master copies.

SEC. 204. Notwithstanding the second sentence of section 501 of the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1461), the Director of the United States Information Agency may make available to the Administrator of General Services, for deposit in the National Archives of the United States, a master copy of— (1) the film entitled "Hirshhorn Museum and Sculpture Garden"; (2) thefilmentitled "Man in the Environment"; and (3) any of the films sponsored by the Agency for its two "Young Filmmakers Bicentennial Film Series"; and the Administrator shall make copies of such films available for public viewing within the United States. USE BY THE JOHN FITZGERALD KENNEDY LIBRARY OF CERTAIN F I L M S PREPARED BY THE UNITED STATES INFORMATION AGENCY

Films.

SEC 205. Notwithstanding the second sentence of section 501 of the United State Information and Educational Exchange Act of 1948 (22 U.S.C. 1461), the Director of the United States Information Agency shall, upon receipt of reimbursement for any expenses involved, make available to the Administrator of General Services;for deposit or use at the John Fitzgerald Kennedy Library in Boston, Massachusetts, copies of the following films and trims and outs: "President Kennedy Address Canadian Parliament". "United in Progress". "America Welcomes Prime Minister Baldewa (Nigeria)". "U.S. Welcomes Crown Prince Hassan (Libya)". "America Welcomes Ayub Klian". "America Welcomes President Aboud (Sudan)". "Firm Alliance (Iran)". "American Journey (Ivory Coast)". "A Welcome Visitor (Nehru)". "Hailie Selassie (Eeturn Visit)". "His Majesty, King Hassan (Morocco) Visits U.S.". "Salute to an African Leader (Bourguiba-Tunisia)". "Inauguration of John F. Kennedy". "The Task Begun". "Progress through Freedom". "Forging the Alliance". "Prime Minister of Somali Republic Visits U.S.". "President Olympio of Togo Visits U.S.". "Five Cities in June". "From Uganda to America". ' "President Ahidjo Visits U.S.". '. "Mrs. Kennedy's Asian Journey". '- ' " • "Invitation to India". "Invitation to Pakistan".

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Page:United States Statutes at Large Volume 91.djvu/885

 PUBLIC LAW 95-105—AUG. 17, 1977

91 STAT. 851

TITLE III—BOAED FOE INTERNATIONAL BEOADCASTING AUTHORIZATION OF APPROPRIATIONS

SEC. 301. Section 8(a) of the Board for International Broadcasting Act of 1973 (22 U.S.C. 2877 (a)) is amended— (1) in the text preceding paragraph (1) by striking out'*1977" and inserting in lieu therof "1978"; and (2) in paragraph (1) by striking out "$58,385,000" and inserting in lieu thereof "$68,980,000". TECHNICAL AMENDMENTS

SEC. 302. (a) Section 2 of the Board for International Broadcasting Acfrof 1973 (22 U.S.C. 2871) is amended— (1) in paragraph (3) by striking out "(hereafter referred to as Radio Free Europe and Eadio Liberty)," and inserting in lieu thereof " (commonly referred to as Eadio Free Europe and Eadio Liberty), which have now been consolidated into E F E / E L, Incorporated,"; (2) in paragraph (4) by striking out "Eadio Free Europe and Eadio Liberty as" and inserting in lieu thereof " E F E / E L, Incorporated, as an"; and (3) in paragraph (5) by striking out "Eadio Free Europe and Eadio Liberty" and inserting in lieu thereof " E F E / E L, Incorporated"; (b) Section 3(b) of such Act (22 U.S.C. 2872(b)) is amended— (1) in paragraph (1) by striking out "Eadio Free Europe and Eadio Liberty" in the fourth sentence and inserting in lieu thereof " E F E / E L, Incorporated,"; and (2) in paragraph (4) by striking out "Eadio Free Europe and Eadio Liberty" and inserting in lieu thereof " E F E / E L, Incorporated". (c) Section 4 of such Act (22 U.S.C. 2873) is amended— (1) in subsection (a)(1) by striking out "Eadio Free Europe and Eadio Liberty" and inserting in lieu thereof " E F E / E L, Incorporated,"; (2) in subsection (a)(2)— (A) by striking out "Eadio Free Europe and Eadio Liberty" and inserting in lieu thereof " E F E / E L, Incorporated,"; and (B) by striking out "their" and inserting in lieu thereof "its"; (3) in subsection (a)(3), by striking out "Eadio Free Europe and Eadio Liberty" each of the three places it appears and inserting in lieu thereof " E F E / E L, Incorporated,"; (4) in subsection (a)(4) by striking out "Eadio Free Europe and Eadio Liberty" and inserting in lieu thereof " E F E / E L, Incorporated,"; (5) in subsection (a)(8) by striking out "Eadio Free Europe and Eadio Liberty" and inserting in lieu thereof " E F E / E L, Incorporated,"; and (6) in subsection (b) by striking out "Eadio Free Europe and Eadio Liberty" and inserting in lieu thereof " E F E / E L, Incorporated".

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Page:Folk-lore - A Quarterly Review. Volume 7, 1896.djvu/93

 MISCELLANEA.

(Continued from Vol. VI., page 406.)

We must not trust Appearances.

The bearer of a certain rajah one day, when his master was out hunting, was making the rajah's bed, which he did very well. He began to wonder what the couch felt like to sleep on. "I must try," said he to himself. Pulling aside the covering, he got in, and it was so comfortable that, being somewhat drowsy, he immediately fell fast asleep. Now the rani, as evening fell, grew sleepy and went to her room. There, to her surprise, she saw her husband, as she thought, in bed. Surmising he must have come home quietly, and too tired out by the chase to salute her, she undressed and crept in the other side of the wide couch. When the rajah came home and found the couple in his bed he was furious, and, drawing his sword, would have killed them there and then. But the prudent vizier stayed his hand. "Wait till we prove guilt," said he; and he induced the rajah to hide himself in the room. Then the vizier crept under the couch armed with a long pin, which he ran into the lower resai (quilt) and pricked the bearer. The man woke, started up, and, horrified to see where he was, "Alas!" cried he, "what have I done? I must have fallen asleep," and he quickly smoothed his side of the bed and left the room. Then the vizier pricked the rani. She, too, awoke, and was much amazed not to find her husband by her. "I thought I saw him asleep," she said aloud to herself. And the rajah, well pleased at the vizier's ruse, saw he had been saved from killing two innocent persons.


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Page:United States Statutes at Large Volume 91.djvu/886

 PUBLIC LAW 95-105—AUG. 17, 1977

91 STAT. 852

(d) Section 5 of such Act (22 U.S.C. 2874) is amended— (1) in subsection (a) by striking out "Radio Free Europe and Radio Liberty" and inserting in lieu thereof " R F E / R L, Incorporated,"; (2) in subsection (b) by striking out "Radio Free Europe and i Radio Liberty" and inserting in lieu thereof " R F E / R L, Incorporated,"; and (3) in subsection (c) — (A) by striking out "the radio to which the grant is to be VMin made" and inserting in lieu thereof " R E F / R L, Incorporated,"; and (B) by striking out "that radio" and inserting in lieu thereof " R F E / R L, Incorporated,". TITLE IV—FOREIGN SERVICE AND OTHER PERSONNEL •," f

SERVICE AS C H I E For MISSION

.

SEC. 401. Section 431(c) of the Foreign Service Act of 1946 (22 U.S.C. 881(c)) is amended by inserting "or Reserve officer" immediately after "officer" both places it appears. '

Imprisonment resulting from employment by United States, continued compensation.

5 USC 5561.

5 USC 8331.

^

'

'

COMPENSATION OF ALIEN EMPLOYEES

'

SEC. 402. (a) Subsection (b) of section 444 of the Foreign Service Act of 1946 (22 U.S.C. 889(b)) is amended by inserting "and any other establishments of the Government, including those in the legislative and judicial branches," immediately after "Government agencies". (b)(1) Such section 444 (22 U.S.C. 889) is further amended by adding the following new subsection at the end thereof: "(c)(1) The head of any agency of the United States, including any agency of the legislative or judicial branch of the United States, may compensate any current or former alien employee, including an alien employee who worked under a personal services contract, who is or has been imprisoned by a foreign government if the Secretary of State (or, in the case of an alien employee of the Central Intelligence Agency, the Director of Central Intelligence) determines that such imprisonment is the result of the alien's employment by the United States. Such compensation may not exceed an amount that such agency head determines approximates the salary and other benefits to which such employee or former employee would have been entitled had he or she remained employed during the period of such imprisonment, and may be paid under such terms and conditions as the Secretary of State deems appropriate. For purposes of making payments authorized by this subsection, the head of any such agency shall have the same powers with respect to imprisoned alien employees and such former employees as any head of an agency under the provisions of subchapter VTI of chapter 55 of title 5, United States Code, to the extent that such powers are consistent with this paragraph. Any period of imprisonment of an alien which is compensable under this subsection snail be considered for purposes of any other employee benefit to be a period of employment by the United States Government, except that a period of imprisonment shall not be creditable— "(A) for purposes of subchapter III of chapter 83 of title 5, United States Code, unless the individual either—

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Page:United States Statutes at Large Volume 91.djvu/887

 PUBLIC LAW 95-105—AUG. 17, 1977 " (i) was subject to section 8334(a) of such title during the period of his or her Government employment last preceding the imprisonment; or " ( i i) qualifies for annuity benefits under such subchapter III by reason of other service; or " (B) for purposes of subchapter I of chapter 8 of title 5, United States Code, unless the individual was employed by the United States Government at the time of his or her imprisonment. " (2) No compensation or other benefit shall be awarded under paragraph (1) unless a claim therefor is filed within three years after— " (A) the date of the enactment of this subsection; " (B) the termination of the period of imprisonment giving rise to the claim; or " (C) the date of the claimant's first opportunity to file such a claim, as determined by the appropriate agency head; whichever is later. " (3) The Secretary of State may prescribe regulations governing payments under this subsection for the guidance of all agencies.". (2) The amendment made by paragraph (1) of this subsection shall apply with respect to all past, present, and future qualified employees, but no monthly compensation or annuity payment under title 5, United States Code, that may be approved by reason of such amendment shall be effective prior to the first day of the first month which begins on or after the date of enactment of this Act or October 1, 1977, whichever is later. Payments that may be authorized under such amendment, other than annuity or monthly compensation payments referred to in the preceding sentence, shall be paid from funds appropriated after such date of enactment for salaries and expenses.

91 STAT. 853

}il •<;;

AMBASSADORS FOR SPECIAL

Compensation claims, filing.

Regulations, Effective date. 22 USC 889 note. 5 USC 101 etseq.

MISSIONS

SEC. 403. Section 501(c) of the Foreign Service Act of 1946 (22 U.S.C. 901 (c)) is amended by inserting immediately before the period at the end thereof the following: "if the President, before conferring such rank, reports in writing to the Committee on Foreign Relations of the Senate his intent to confer such r a n k and transmits therewith all materials relating to any potential conflicts of interest relevant to such person". CITIZENSHIP

5 USC 8331.

Presidential report to congressional committee.

REQUIREMENT

SEC. 404. Section 515 of the Foreign Service Act of 1946 (22 U.S.C. 910) is amended by striking out "and has been such for at least ten years". CAREER CANDIDATE PROGRAM

SEC. 405. Section 516 of the Foreign Service Act of 1946 (22 U.S.C. 911) is amended by— (1) amending the section heading to read "Admission to Class 6,7, or 8 "; (2) striking out "shall" and inserting in lieu thereof " may " in the last sentence of subsection (a); and Foreign Service (3) a d d i n g the following subsection at the end thereof: " (c) Foreign Service officer candidates who have passed examina- Reserve officers, tions described in subsection (a) may be appointed by the Secretary, trial period. under such regulations as he may prescribe, for a trial period of service as Foreign Service Reserve officers of class 7 or 8. Such appoint-

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Page:United States Statutes at Large Volume 91.djvu/888

 91 STAT. 854

Report to President.

22 USC 1008.

PUBLIC LAW 95-105—AUG. 17, 1977 ments shall be limited to a maximum of 48 months, but may be extended for up to 12 additional months if the Secretary deems such extension to be in the public interest. Such Reserve officers may receive promotions up to class 6 for satisfactory performance during such trial period. The Secretary shall furnish the President with the names of such Reserve officers who have demonstrated fitness and aptitude for the work of the Service and whom he recommends for appointment as Foreign Service officers in the class corresponding to their Reserve officer class. The Secretary may terminate the services of such Reserve officers at any time under section 638.". REASSIGNMENT OF CHIEFS OF MISSION

SEC. 406. Section 519 of the Foreign Service Act of 1946 (22 U.S.C. 914) is amended by— (1) inserting ", or a Foreign Service Reserve officer who is a participant in the Foreign Service Retirement and Disability System," immediately after "officer"; and (2) striking out "in accordance with the provisions of section 514" and inserting in lieu thereof "to another position in accordance with this or any other Act". CITIZENSHIP REQUIREMENT

SEC. 407. Section 522 of the Foreign Service Act of 1946 (22 U.S.C. 922) is amended by striking out "and who has been such for at least five years" in the text preceding paragraph (1). PRESIDENTIAL APPOINTMENTS

SEC. 408. Section 571(b) of the Foreign Service Act of 1946 (22 U.S.C. 961 (b)) is amended by— (1) inserting "or Reserve officer" immediately after "officer" the first time the latter appears; and (2) striking out "a Foreign Service" the second time the phrase appears and inserting in lieu thereof "such an". TECHNICAL AMENDMENTS

SEC. 409. (a) Section 811(d) of the Foreign Service Act of 1946 (22 U.S.C. 1071(d)) is amended by striking out "July 1, 1921" in the table and inserting in lieu thereof "July 1, 1924"* (b) Section 821(g) of the Foreign Service Act of 1946 (22 U.S.C. 1076(g)) is amended by striking out "married" and inserting in lieu thereof "unmarried" in the first sentence. DEATH GRATUITIES FOR FOREIGN SERVICE ALIEN EMPLOYEES

SEC. 410. (a) Paragraph (1) of section 14(d) of the Act entitled "An Act to provide certain basic authority for the Department of State", approved August 1, 1956 (22 U.S.C. 2679a(d)), is amended

22 USC 946.

(1) striking out "national" and inserting in lieu thereof "employee"; (2) striking out "or" immediately after "consular agent,"; and (3) inserting immediately before the semicolon at the end thereof ", or an alien employee appointed under section 541 of the Foreign Service Act of 1946".

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text: Author:Henry Marion Howe

title: Author:Henry Marion Howe


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Page:United States Statutes at Large Volume 91.djvu/889

 PUBLIC LAW 95-105—AUG. 17, 1977

91 STAT. 855

(b) The amendments made by subsection (a) shall apply with Effective date. respect to deaths occurring on or after August 1, 1974, and any bene- 22 USC 2679a fits authorized by those amendments shall be paid from funds appro- note. priated after the date of enactment of this Act for salaries and expenses. SPECIAL A N K U r r Y FOR CERTAIN OFFICERS SELECTED-OUT FROM THE FOREIGN SERVICE

SEC. 411. (a) Subject to the conditions established in subsection (b), any Foreign Service officer— (1) who was retired under section 633(a)(1) of the Foreign Service Act of 1946 before the date of enactment of this section; (2) who was not in class 1, 2, or 3 at the time of retirement; (3) who was 40 years of age or older at the time of retirement; and (4) who had at least 20 years of service, exclusive of credit for unused sick leave, creditable for purposes of section 821 of such Act at the time of retirement; shall be entitled to receive retirement benefits in accordance with the provisions of such section 824 in lieu of any retirement benefits which the officer may be entitled to elect under section 634(b)(2) of such Act. Such retirement benefits shall be paid from the Foreign Service Retirement and Disability Fund and shall be effective on the date the officer reaches age 50, the date of enactment of this section, or October 1, 1977, whichever date is latest. (b) Retirement benefits may not be paid under this section unless (1) any refund of contributions paid to the officer under section 634(b)(2) of the Foreign Service Act of 1946 is repaid to the Foreign Service Retirement and Disability Fund, with interest, in accordance with sections 811(d) and (f) of such Act; and (2) the service forming the basis for such retirement benefits is not used as the basis for any other retirement benefits under any retirement system. (c) In the event that an officer who is entitled to retirement benefits under this section dies before reaching the age of fifty, but after the date of enactment of this section, his or her death shall be considered a death in service within the meaning of section 832 of the Foreign Service Act of 1946, except that no survivor's annuity (other than a survivor's annuity which would be payable under the first complete sentence in section 634(b)(2) of such Act but for the enactment of this section) shall become effective before October 1, 1977. (d) An officer entitled to retirement benefits under this section may make the election described in section 821(b) or (f), as appropriate, of the Foreign Service Act of 1946 at any time before reaching the age of fifty or before the end of the sixty-day period beginning on the date of enactment of this section, whichever is later.

Requirements. 22 USC 1004 note. 22 USC 1003.

22 USC 1076.

22 USC 1004.

22 USC 1071.

22 USC 1082. 22 USC 1004.

22 USC 1076.

COMPENSATION FOR JUNIOR FOREIGN SERVICE OFFICERS

SEC. 412. (a)(1) Paragraph (2) of section 5541 of title 5, United Definitions. States Code, is amended— (AJ by striking out "or" at the end of clause (xii); (B) by striking out the period at the end of clause (xiii) and inserting in lieu thereof a semicolon; and (C) by adding at the end thereoi the following clauses:

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Page:United States Statutes at Large Volume 91.djvu/890

 91 STAT. 856

PUBLIC LAW 95-105-~AUG. 17, 1977 At:

Effective date. 5 USC 5541 note. Per annum salary, increase. 22 USC 867 note.

Foreign Service Reserve officers, pay increase, prohibition. Effective date.

5 USC 5301 et seq.

'

"(xiv) a 'Foreign Service officer' within the meaning of section 401 of the Foreign Service Act of 1946; or "(xv) a 'Foreign Service information officer' as provided I for by the first section of the Act entit^^d 'An Act to promote the foreign policy of the United States by strengthening and improving the Foreign Service personnel system of the MOiSh. United States Information Agency through establishment of a Foreign Service Information Officer Corps', approved August 20, 1968.". (2) The amendments made by paragraph (1) shall take effect on October 1, 1978. (b)(1) The President shall increase the amount of each rate of per annum salary in classes 5 through 8 of Foreign Service officers in the table contained in section 412 of the Foreign Service Act of 1946 (22 U.S.C.867),by$250. (2) Pay may not be paid, by reason of the increase provided under paragraph (1), at a rate in excess of the rate of basic pay for level V of the Executive Schedule under section 5316 of title 5, United States Code. (3) Notwithstanding the provisions of section 414 of the Foreign Service Act of 1946 (22 U.S.C. 869), the rate of per annum salary of a Foreign Service Reserve officer shall not be increased by reason of the increase made by paragraph (1). (4) The increase made by reason of paragraph (1) shall apply with respect to pay periods beginning on or after October 1, 1978, and shall be in addition to any increase or adjustment made under subchapter I of chapter 53 of title 5, United States Code. EMPLOYMENT OF FOREIGN SERVICE SPOUSES

.*

SEC. 413. (a) The Secretary of State shall, when employing persons to fill jobs outside the United States to which career Foreign Service personnel are not customarily assigned, including temporary and local hire jobs, give equal consideration to employing qualified family members of United States Government employees (including family members of Foreign Service personnel) assigned to duties outside the United States. Such employment may not be used to avoid fulfilling the need for fulltime career positions. Career counseling (b) To facilitate the employment by the Department of State, or and assistance. by other employers, of the spouses of Foreign Service personnel, the Secretary may— (1) provide regular career counseling for such spouses; (2) maintain a centralized system for cataloging their skills and the various, governmental and nongovernmental, overseas mi 3&:' ss employment opportunities available to such spouses; and (3) otherwise assist such spouses in obtaining overseas employment. (c) Any member of a family of Foreign Service personnel may accept gainful employment in a foreign country unless such ''•t'S',m' employment— (1) would violate any law of such country or of the United States; or (2) could, as certified in writing by the Chief of the United States Diplomatic Mission in such country, damage the interests of the United States. 22 USC 2693.

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Page:United States Statutes at Large Volume 91.djvu/891

 PUBLIC LAW 95-105—AUG. 17, 1977

91 STAT. 857

(d) Not later than January 1, 1978, the Secretary of State shall transmit to the Speaker of the House of Representatives and the chairman of the committee on Foreign Relations of the Senate a report on actions the Department of State has taken to carry out the provisions of this section.

Report, transmittal to Speaker of the House and Senate committee.

LANGUAGE TRAINING FOR FOREIGN SERVICE SPOUSES

SEC. 414. (a) I t is the sense of Congress that, in order to increase 22 USC 1041 the effectiveness of United States diplomatic representation abroad, note. the Secretary of State should make greater use of his authority under section 701 of the Foreign Service Act of 1946 in order to increase 22 USC 1041. the language training opportunities available to the family members of Foreign Service personnel. (b) Not later than January 1, 1978, the Secretary of State shall Report, transmit to the Speaker of the House of Representatives and the transmittal to chairman of the Committee on Foreign Relations of the Senate a Speaker of the House and Senate report discussing— committee. (1) actions he has taken in accordance with subsection (a) Contents. of this section; and (2) any budgetary or other obstacles which prevent the Department of State from making available a comprehensive language training program for the families of Foreign Service personnel. TITLE V—MISCELLANEOUS PROVISIONS STRENGTHENING INTERNATIONAL INFORMATION, EDUCATION, CULTURAL, AND BROADCASTING ACTIVITIES

S E C 501. Not later than October 31, 1977, the President shall transmit to the chairman of the Committee on International Relations of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate his recommendations for reorganizing the international information, education, cultural, and broadcasting activities of the United States Government. Such recommendations shall take into account the findings and reports of the Panel on International Information, Education, and Cultural Relations; the Commission on the Organization of the Government for the Conduct of Foreign Policy; the General Accounting Office; and the United States Advisory Commission on Information. BELGRADE CONFERENCE

SEC. 502. The Congress finds that the Belgrade Conference to review compliance with the Helsinki Accords provides the United States an important forum to press its case for greater respect for human rights. Furthermore, the Congress is convinced that the emphasis given human rights in general by the United States should be translated into concern for specific individuals. In this regard, the Congress is particularly concerned about the fate of Anatoly Shcharansky and urges the United States representatives to the Belgrade Conference to express the official concern of the United States over the Shcharansky case.

Presidential recommendations, transmittal to congressional committees.

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Page:United States Statutes at Large Volume 91.djvu/892

 91 STAT. 858

PUBLIC LAW 95-105—AUG. 17, 1977 UNITED NATIONS REFORM

i«M

General Assembly, proposed voting power adjustment. Security Council, proposed veto power modification.

Presidential report, submittal to Speaker of the House and Senate committee.

n^^

/

SEC. 503. (a) The United States should make a major effort toward reforming and restructuring the United Nations system so that it might become more effective in resolving global problems. Toward that end, the United States should present a program for United Nations reform to the Special United Nations Committee on the Charter of the United Nations and on Strengthening of the Role of the Organization. In developing such a program the United States should give appropriate consideration to various possible proposals for reforming the United Nations, including but not limited to proposals which would— (1) adjust decisionmaking processes in the United Nations by providing voting in the General Assembly weighted according to population and contributions and by modifying veto powers on certain categories of questions, such as membership recommendations, in the Security Council; (2) foster greater use of the International Court of Justice by the United States and other members of the United Nations; (3) supplement United Nations finances through contributions from commerce, services, and resources regulated by the United Nations; (4) improve coordination of and expand United Nations activities on behalf of human rights; (5) establish more effective United Nations machinery for the peaceful settlement of disputes, including means for the submission of differences to mediation or arbitration; (6) adjust assessment scale calculations to reflect more accurately the actual ability of member nations to contribute to the United Nations and its specialized agencies; and (7) provide greater coordination of United Nations technical assistance activities by the United Nations Development Program. (b) Accordingly, the President shall submit a report to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate, as soon as possible, but no later than January 31, 1978, on his recommendations for reform of the United Nations. INFORMATION OFFICES I N THE UNITED STATES

SEC. 504. I t is the sense of the Congress that any foreign country should be allowed to maintain an information office in the United States if maintenance of such office is consistent with United States law. REPARATIONS FOR VIETNAM

Payment prohibition. 22 USC 2151 note. MIA, accounting.

SEC. 505. (a) None of the funds authorized to be appropriated in this Act shall be used for the purpose of reparations, aid, or any other form of payment to the Socialist Republic of Vietnam. (b) The President shall continue to take all possible steps to obtain a final accounting of all Americans missing in action in Vietnam.

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Page:United States Statutes at Large Volume 91.djvu/893

 PUBLIC LAW 95-105—AUG. 17, 1977

91 STAT. 859

PANAMA CANAL

SEC. 506. Any new Panama Canal treaty or agreement negotiated with funds appropriated under this Act must protect the vital interests of the United States in the Canal Zone and in the operation, maintenance, property, and defense of the Panama Canal. UNITED NATIONS CONFERENCE ON SCIENCE AND TECJINOLOGT FOR DEVELOPMENT

S E C 507. (a) The President shall take appropriate steps to ensure that, at all stages of the United Nations Conference on Science and Technology for Development, representatives of the United States place important emphasis, in both official statements and informal discussions, on the development and use of light capital technologies in agriculture, in industry, and in the production and conservation of energy. (b) As used in this section, the term "light capital technologies" means those means of production which economize on capital wherever capital is scarce and expensive and labor abundant and cheap, the purposes being to insure that the increasingly scarce capital in the world can be stretched to help all, rather than a small minority, of the world's poor; that workers will not be displaced by sophisticated laborsaving devices where there is already much unemployment; and further, that poor nations can be encouraged eventually to produce their own capital from surplus labor time, thus enhancing their chances of developing independently of outside help.

"Light capital technologies."

INTER-AMERICAN FOUNDATION

S E C 508. Section 401(s) of the Foreign Assistance Act of 1969 (22 U.S.C. 290f (s)) is amended— (1) by inserting " (1) " immediately after " (s) "; and (2) by adding at the end thereof the following new paragraph: " (2) There is authorized to be appropriated not to exceed $25,000,000 for each of the fiscal years 1979 and 1980 to carry out the purposes of this section. Amounts appropriated under this paragraph are authorized to remain available until expended.".

Appropriation authorization.

FOREIGN EMPLOYMENT

S E C 509. (a) Subject to the condition described in subsection (b), the Congressional consent. consent of Congress is granted to— 37 USC 801 note. (1) any retired member of the uniformed services, (2) any member of a Reserve component of the Armed Forces, and (3) any member of the commissioned Reserve Corps of the Public Health Service, to accept any civil employment (and compensation therefor) with respect to which the consent of Congress is required by the last paragraph of section 9 of article I of the Constitution of the United States, USC prec. title 1 relating to acceptance of emoluments, offices, or titles from a foreign government.

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Page:United States Statutes at Large Volume 91.djvu/894

 91 STAT. 860

Definitions.

. ^

Repeal. 10 USC 280.

PUBLIC LAW 95-105—AUG. 17, 1977 (b) No individual described in subsection (a) may accept any employment or compensation described in such subsection unless the Secretary concerned and the Secretary of State approve such employment. ,, (c) For purposes of this Section, the term—• (1) "uniformed services" means the Armed Forces, the commissioned Regular and Reserve Corps of the Public Health Service, and the commissioned corps of the National Oceanic and Atmospheric Administration; (2) "Armed Forces" means the Army, Navy, Air Force, Marine \ Corps, and Coast Guard; and (3) "Secretary concerned" means— (A) the Secretary of the Army, with respect to retired members of the Army and members of the Army Reserve; (B) the Secretary of the Navy, with respect to retired members of the Navy and the Marine Corps, members of the - ..,^ Navy and Marine Corps Reserves, and retired members of > " ^ the Coast Guard and members of the Coast Guard Reserve when the Coast Guard is operating as a service in the Navy; (C) the Secretary of the Air Force, with respect to retired ^ members of the Air Force and members of the Air Force Reserve; (D) the Secretary of Transportation, with respect to retired members of the Coast Guard and members of the Coast Guard Reserve when the Coast Guard is not operating as a service in the Navy; (E) the Secretary of Commerce, with respect to retired members of the commissioned corps of the National Oceanic and Atmospheric Administration; and V. } c (F) the Secretary of Health, Education, and Welfare, with respect to retired members of the commissioned Regular Corps of the Public Health Service and members of the commissioned Reserve Corps of the Public Health Service, (d)(1) Section 1032 of title 10, United States Code, is repealed. (2) The section analysis for chapter 53 of such title is amended by striking out the item relating to section 1032. (3) Section 280 of such title is amended by striking out "1032,". INTERNATIONAL FOOD RESERVE

22 USC 2220 note. . -.

SEC. 510. (a) The Congress finds and declares that— (1) half a billion people suffer from malnutrition or undernutrition; (2) very modest shortfalls in crop production can result in widespread human suffering; (3) increasing variability in world food production and trade remains an ever-present threat to producers and consumers; (4) the World Food Conference recognized the urgent need for an international undertaking on world food security based largely .i -^ui & W 'i^O .M upon strategic food reserves; (5) the nations of the world have agreed to begin discussions on a system of grain reserves to regulate food availability; (6) the Congress through legislation has repeatedly urged the President to enter negotiations with other nations to establish such a network of grain reserves;

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Page:United States Statutes at Large Volume 91.djvu/895

 PUBLIC LAW 95-105—AUG. 17, 1977

91 STAT. 861

(7) little progress has resulted from the initial multilateral discussions toward the negotiation of an international grain reserve system; (8) this lack of progress is caused, in part, by lack of leadership in such discussions; and (9) the United States is in a unique position as the world's most important producer of foodstuffs to provide such leadership. (b) It is therefore the sense of the Congress that the President should initiate a major diplomatic initiative toward the creation of an international system of nationally held grain reserves which provides for supply assurance to consumers and income security to producers. NEGOTIATIONS W I T H

CUBA

SEC. 511. (a) It is the sense of the Congress that any negotiations 22 USC 2151 toward the normalization of relations with Cuba be conducted in a note. deliberate manner and on a reciprocal basis, and that the vital concerns of the United States with respect to the basic rights and interests of United States citizens whose persons or property are the subject of such negotiations be protected. (b) Furthermore, it is the sense of Congress that the Cuban policies and actions regarding the use of its military and paramilitary personnel beyond its borders and its disrespect for the human rights of individuals are among the elements which must be taken into account in any such negotiations. UNITED STATES POLICY TOWARD KOREA

SEC. 512. (a) The Congress declares that— (1) United States policy toward Korea should continue to be arrived at by joint decision of the President and the Congress; (2) in any implementation of the President's policy of gradual V and phased reduction of United States ground forces from the . Republic of Korea, the United States should seek to accomplish such reduction in stages consistent with United States interests in Asia, notably Japan, and with the security interests of the Republic of Korea; (3) any implementation of this policy should be carried out
 * . with a careful regard to the interest of the United States in continuing its close relationship with the people and government of

Japan, in fostering democratic practices in the Republic of Korea, and in maintaining stable relations among the countries of East Asia; and (4) these interests can be served most effectively by a policy which involves consultations by the United States Government, as appropriate, with the governments of the region, particularly those directly involved. (b)(1) Any implementation of the foregoing policy shall be carried out in regular consultation with the Congress. (2) Not later than February 15, 1978, and not later than February 15 of each year thereafter until any such withdrawal is completed, the President shall transmit a report in writing to the Speaker of the House of Representatives and the Committees on Foreign Relations, Armed Services, and Intelligence of the Senate assessing the implementation of the foregoing policy.

22 USC 2428a.

Presidential consultation with Congress. Presidential report, transmittal to Speaker of the House and Senate committees.

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Page:United States Statutes at Large Volume 91.djvu/896

 91 STAT. 862

PUBLIC LAW 95-105—AUG. 17, 1977 UNITED NATIONS SPECIAL SESSION ON DISARMAMENT

Report, transmittal to congressional committees.

SEC. 513. Noting the decision of the United Nations General Assembly to convene a special session on disarmament in the spring of 1978 and recognizing the important role that comprehensive disarmament could play in securing world peace and economic development, the Congress requests that, at an appropriate date, the Secretary of State report to the appropriate committees of the Congress on the procedures which the executive branch is following in preparing for the special session on disarmament and on United States objectives for that special session. INTERNATIONAL BOUNDARY AND WATER

Appropriation authorizations.

Effective date. 22 USC 277d-3 note.

Definitions.

COMMISSION

SEC. 514. (a) Section 2(2) of the Act entitled "An Act to authorize conclusion of an agreement with Mexico for joint measures for solution of the Lower Rio Grande salinity problem", approved September 19, 1966 (22 U.S.C. 277d-31), is amended by inserting immediately after "$25,000" the following: "based on estimated calendar year 1976 costs, plus or minus such amounts as may be justified by reason of ordinary fluctuations in operation and maintenance costs involved therein,". (b) Section 3 of the Act entitled "An Act to authorize the conclusion of agreements with Mexico for joint construction, operation, and maintenance of emergency flood control works on the lower Colorado River, in accordance with the provisions of article 13 of the 1944 Water Treaty with Mexico, and for other purposes", approved August 10, 1964 (22 U.S.C. 277d-28), is amended by inserting immediately after "$30,000" the following: "based on December 1975 prices, plus or minus such amounts as may be justified by reason of ordinary fluctuations in operation and maintenance costs involved therein,". (c) Section 103 of the American-Mexican Treaty Act of 1950 (22 U.S.C. 277d-3) is amended by striking out "$100 per diem" in the second sentence and inserting in lieu thereof "the maximum daily rate for grade GS-15 of the General Schedule". '(d) The amendments made by this section shall take effect on October 1, 1977. FOREIGN GIFTS AND DECORATIONS

SEC. 515. (a)(1) Section 7342 of title 5, United States Code, is amended to read as follows: "§ 7342. Receipt and disposition of foreign gifts and decorations "(a) For the purpose of this section— "(1) 'employee'means— "(A) an employee as defined by section 2105 of this title and an officer or employee of the United States Postal Service or of the Postal Rate Commission; " (B) an expert or consultant who is under contract under section 3109 of this title with the United States or any agency, department, or establishment thereof, including, in the case of an organization performing services under such section, any individual involved in the performance of such services; "(C) an individual employed by, or occupying an office or position in, the government of a territory or possession of the United States or the government of the District of Columbia;

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 PUBLIC LAW 95-105—AUG. 17, 1977 "(D) a member of a uniformed service; " (E) the President and the Vice President; " (F) a Member of Congress as defined by section 2106 of this title (except the Vice President) and any Delegate to the Congress; and "(G) the spouse of an individual described in subparagraphs (A) through (F) (unless such individual and his or her spouse are separated) or a dependent (within the meaning of section 152 of the Internal Revenue Code of 1954) of such an individual, other than a spouse or dependent who is an employee under subparagraphs (A) through (F); "(2) 'foreign government'means— "(A) any unit of foreign governmental authority, including any foreign national. State, local, and municipal government; " (B) any international or multinational organization whose membership is composed of any unit of foreign government described in subparagraph (A); and "(C) any agent or representative of any such unit or such organization, while acting as such; "(3) 'gift' means a tangible or intangible present (other than a decoration) tendered by, or received from, a foreign government; "(4) 'decoration' means an order, device, medal, badge, insignia, emblem, or award tendered by, or received from, a foreign government; "(5) 'minimal value' means a retail value in the United States at the time of acceptance of $100 or less, except that— "(A) on January 1, 1981, and at 3 year intervals thereafter, 'minimal value' shall be redefined in regulations prescribed by the Administrator of General Services, in consultation with the Secretary of State, to reflect changes in the consumer price index for the immediately preceding 3-year period; and " (B) regulations of an employing agency may define 'minimal value' for its employees to be less than the value established under this paragraph; and "(6) 'employing agency'means— "(A) the Committee on Standards of Official Conduct of the House of Representatives, for Members and employees of the House of Representatives, except that those responsibilities specified in subsections (c)(2)(A), (e), and (g)(2) (B) shall be carried out by the Clerk of the House; "(B) the Select Committee on Ethics of the Senate, for Senators and employees of the Senate; "(C) the Administrative Office of the United States Courts, for judges and judicial branch employees; and "(D) the department, agency, office, or other entity in which an employee is employed, for other legislative branch employees and for all executive branch employees. "(b) An employee may not— "(1) request or otherwise encourage the tender of a gift or decoration; or "(2) accept a gift or decoration, other than in accordance with the provisions of subsections (c) and (d).

29-194

0

91 STAT. 863

5 USC 2106.

26 USC 152.

"Minimal value,' triennial redefinition.

"

Prohibited conduct,

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Page:United States Statutes at Large Volume 91.djvu/898

 91 STAT. 864 Gifts, acceptance.

Designation as U.S. property.

Gifts, deposition.

Employee statement, filing.

Decorations, acceptance and deposition.

Gifts and decorations, disposal.

PUBLIC LAW 95-105—AIQG. 17, 1977 "(c)(1) The Congress consents to— "(A) the accepting and retaining by an employee of a gift "(B) the accepting by an employee of a gift of more than minimal value when such gift is in the nature of an educational scholarship or medical treatment or when it appears that to refuse the gift would likely cause offense or embarrassment or otherwise adversely affect the foreign relations of the United States, except that— "(i) a tangible gift of more than minimal value is deemed to have been accepted on behalf of the United States and, upon acceptance, shall become the property of the United States; and " (ii) an employee may accept gifts of travel or expenses for travel taking place entirely outside the United States (such as transportation, lood, and lodging) of more than minimal value if such acceptance is appropriate, consistent with the interests of the United States, and permitted by the employing agency and any regulations which may be prescribed by the employing agency. " (2) Within 60 days after accepting a tangible gift of more than minimal value (other than a gift described in paragraph (l)(B) ( i i)), an employee shall— " (A) deposit the gift for disposal with his or her employing " (B) subject to the approval of the employing agency, deposit the gift with that agency for official use. Within 30 days after terminating the official use of a gift under subparagraph (B), the employing agency shall forward the gift to the Administrator of General Services in accordance with subsection (e). "(3) When an employee deposits a gift of more than minimal value for disposal or for official use pursuant to paragraph (2), or within 30 days after accepting travel or travel expenses as provided in paragraph (l)(B) ( i i) unless such travel or travel expenses are accepted in accordance with specific instructions of his or her employing agency, the employee shall file a statement with his or her employing agency or its delegate containing the information prescribed in subsection (f) for that gift. "(d) The Congress consents to the accepting, retaining, and wearing by an employee of a decoration tendered in recognition of active field service in time of combat operations or awarded for other outstanding or unusually meritorious performance, subject to the approval of the employing agency of such employee. Without this approval, the decoration is deemed to have been accepted on behalf of the United States, shall become the property of the United States, and shall be deposited by the employee, within sixty days of acceptance, with the employin.qr axrencv for official use or forwarding to the Administrator of General Services for disposal in accordance with subsection (e). " (e) Gifts and decorations that have been deposited with an employing agency for disposal shall be (1) returned to the donor, or (2) forwarded to the Administrator of General Services for transfer,
 * r, of minimal value tendered and received as a souvenir or
 * f: f mark of courtesy; and
 * agency; or

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Page:United States Statutes at Large Volume 91.djvu/899

 PUBLIC LAW 95-105—AUG. 17, 1977 donation, or other disposal in accordance with the provisions of the Federal Property and Administrative Services Act of 1949. However, no gift or decoration that has been deposited for disposal may be sold without the approval of the Secretary of State, upon a determination that the sale will not adversely affect the foreign relations of the United States. Gifts and decorations may be sold by negotiated sale. "(f)(1). Not later than January 31 of each year, each employing agency or its delegate shall compile a listing of all statements filed during the preceding year by the employees of that agency pursuant to subsection (c)(3) and shall transmit such listing to the Secretary of State who shall publish a comprehensive listing of all such statements in the Federal Register. "(2) Such listings shall include for each tangible gift reported— " (A) the name and position of the employee; "(B) a brief description of the gift and the circumstances justifying acceptance; "(C) the identity, if known, of the foreign government and the name and position of the individual who presented the gift; "(D) the date of acceptance of the gift; " (E) the estimated value in the United States of the gift at the time of acceptance; and " (F) disposition or current location of the gift. "(3) Such listings shall include for each gift of travel or travel expenses— " (A) the name and position of the employee; "(B) a brief description of the gift and the circumstances justifying acceptance; and "(C) the identity, if known, of the foreign government and the name and position of the individual who presented the gift. "(4) In transmitting such listings for the Central Intelligence Agency, the Director of Central Intelligence may delete the information described in subparagraphs (A) and (C) of paragraphs (2) and (3) if the Director certifies in writing to the Secretary of State that the publication of such information could adversely affect United States intelligence sources. "(g)(1) Each employing agency shall prescribe such regulations as may he necessary to carry out the purpose of this section. For all employing agencies in the executive branch, such regulations shall be prescribed pursuant to guidance provided by the Secretary of State. These regulations shall be implemented by each employing agency for its employees. " (2) Each employing agency shall— "(A) report to the Attorney General cases in which there is reason to believe that an employee has violated this section; "(B) establish a procedure for obtaining an appraisal, when necessary, of the value of gifts; and "(C) take any other actions necessary to carry out the purpose of this section. "(h) The Attorney General may bring a civil action in any district court of the United States against any employee who knowingly solicits or accepts a gift from a foreign government not consented to by this section or who fails to deposit or report such gift as required by this section. The court in which such action is brought may assess a penalty against such employee in any amount not, to exceed the retail value of the gift improperly solicited or received plus $5,000.

91 STAT. 865 40 USC 471 note.

List, transmittal to Secretary of State. Publication in Federal Register. Contents.

CIA list, deletions.

Regulations.

Civil actions. Jurisdiction.

Penalty.

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Page:United States Statutes at Large Volume 91.djvu/900

 91 STAT. 866

22 USC 2458a. Effective date. 5 USC 7342 note. Gifts, purchase limitation. 22 USC 2694.

Report, transmittal to Speaker of the House and Senate committee.

PUBLIC LAW 95-105—AUG. 17, 1977 " (i) The President shall direct all Chiefs of a United States Diplomatic Mission to inform their host governments that it is a general policy of the United States Government to prohibit United States Government employees from receiving gifts or decorations of more than minimal value. " (j) Nothing in this section shall be construed to derogate any regulation prescribed by any employing agency which provides for more stringent limitations on the receipt of gifts and decorations by its employees. " (k) The provisions of this section do not apply to grants and other forms of assistance to which section 108A of the Mutual Educational and Cultural Exchange Act of 1961 applies.". (2) The amendment made by paragraph (1) of this subsection shall take effect on January 1, 1978. (b)(1) After September 30, 1977, no appropriated funds, other than funds from the "Emergencies in the Diplomatic and Consular Service" account of the Department of State, may be used to purchase any tangible gift of more than minimal value (as defined in section 7342(a) (5) of title 5, United States Code) for any foreign individual unless such gift has been approved by the Congress. (2) Beginning October 1, 1977, the Secretary of State shall annually transmit to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate a report containing details on (1) any gifts of more than minimal value purchased with appropriated funds which were given to a foreign individual during the previous fiscal year, and (2) any other gifts of more than minimal value given by the United States Government to a foreign individual which were not obta,ined using appropriated funds. Approved August 17, 1977.

LEGISLATIVE HISTORY: HOUSE REPORTS No. 95-231 (Gomm. on International Relations) and No. 95-537 (Comm. of eonference). SENATE REPORT No. 95-194 (Comm. on Foreign Relations). CONGRESSIONAL RECORD, Vol. 123 (1977): May 4, considered and passed House. June 16, considered and passed Senate, amended. July 28, Senate agreed to conference report. < Aug. 3, House agreed to conference report.

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Page:United States Statutes at Large Volume 91.djvu/901

 PUBLIC LAW 95-106—AUG. 17, 1977

91 STAT. 867

Public Law 95-106 95th Congress An Act To authorize appropriations to the United States International Trade Commission, to provide for greater efficiency in the administration of the Commission, and for other purposes.

Aug. 17. 1977 [H.R. 6370]

Be it enacted by the Senate and House of Representatives of the United States United States of America in Congress assembled, SECTION 1. AUTHORIZATION OF APPROPRIATIONS.

Subsection (e) of section 330 of the Tariff Act of 1930 (19 U.S.C. 1330(e)) is amended— (1) by inserting " (1) " immediately before "For"; and (2) by adding at the end thereof the following new paragraphs: " (2) There are authorized to be appropriated to the Commission for necessary expenses for fiscal year 1978 an amount not to exceed $11,522,000. "(3) There are authorized to be appropriated to the Commission for each fiscal year after September 30, 1977, in addition to any other amount authorized to be appropriated for such fiscal year, such sums as may be necessary for increases authorized by law in salary, pay, retirement, and other employee benefits.".

International Trade Commission.

SEC. 2. APPOINTMENT OF CHAIRMAN AND VICE CHAIRMAN.

(a) Subsection (c) of section 330 of the Tariff Act of 1930 (19 U.S.C. 1330) is amended to read as follows: " (c) CHAIRMAN AXD VICE CHAIRMAN; QUORUM.—

"(1) The chairman and the vice chairman of the Commission shall be designated by the President from among the members of the Commission not ineligible, under paragraph (3), for designation. The Notice to President shall notify the Congress of his designations under this Congress, paragraph. "(2) After June 16, 1978, the terms of office for the chairman and Term, vice chairman of the Commission shall be as follows: "(A) The first term of office occurring after such date shall begin on June 17, 1978, and end at the close of June 16, 1980. "(B) Each term of office thereafter shall begin on the day after the closing date of the immediately preceding term of office and end at the close of the 2-year period beginning on such day. "(3)(A) The President may not designate as the chairman of the Commission for any term— "(i) either of the two commissioners most recently appointed to the Commission as of the beginning date of the term of office for which the designation of chairman is to be made; or "(ii) any commissioner who is a member of the political party of which the chairman of the Commission for the immediately preceding term is a member. "(B) The President may not designate as the vice chairman of the Commission for any term any commissioner who is a member of the political party of which the chairman for that term is a member. "(C) If any commissioner does not complete a term as chairman or vice chairman by reason of death, resignation, removal from office as a commissioner, or expiration of his term of office as a commissioner, the President shall designate as the chairman or vice chairman, as the

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Page:United States Statutes at Large Volume 91.djvu/902

 91 STAT. 868

19 USC 1330 note.

PUBLIC LAW 95-106—AUG. 17, 1977 case may be, for the remainder of such term a commissioner who is a member of the same political party. Designation of a chairman under this subparagraph may be made without regard to the limitation set forth in subparagraph (A)(i). " (4) The vice chairman shall act as chairman in case of the absence or disability of the chairman. During any period in which there is no chairman or vice chairman, the commissioner having the longest period of continuous service as a commissioner shall act as chairman. "(5) No commissioner shall actively engage in any business, vocation, or employment other than that of serving as a commissioner. "(6) A majority of the commissioners in office shall constitute a quorum, but the Commission may function notwithstanding vacancies.". (b) EFFECTIVE DATE.—The amendment made by this section shall apply with respect to the designation of chairmen and vice chairmen of the United States International Trade Commission for terms beginning after June 16, 1978. SEC. 3. ADMINISTRATION OF COMMISSION.

(a) Subsection (a) of section 331 of the Tariff Act of 1930 (19 U.S.C. 1331) is amended to read as follows: - "(a)

5 USC 5332 note.

ADMINISTRATION.—

"(1) Except as provided in paragraph (2), the chairman of the Commission shall— "(A) appoint and fix the compensation of such employees of the Commission as he deems necessary (other than the personal staff of each commissioner), including the secretary, "(B) procure the services of experts and consultants in accordance with the provisions of section 3109 of title 5, United States Code, and "(C) exercise and be responsible for all other administrative functions of the Commission. Any decision by the chairman under this paragraph shall be subject to disapproval by a majority vote of all the commissioners in office. " (2) Subject to approval by a majority vote of all the commissioners in office, the chairman may— "(A) terminate the employment of any supervisory employee of the Commission whose duties involve substantial personal responsibility for Commission matters and who is compensated at a rate equal to, or in excess of, the rate for grade GS-15 of the General Schedule in section 5332 of title 5, United States Code, and "(B) formulate the annual budget of the Commission. "(3) No member of the Commission, in making public statements with respect to any policy matter for which the Commission has responsibility, shall represent himself as speaking for the Commission, or his views as being the views of the Commission, with respect to such matter except to the extent that the Commission has adopted the policy being expressed.". (b) Section 331 of such Act (19 U.S.C. 1331) is amended— (1) by striking out "approved by the Commission" in subsection (c) and inserting in lieu thereof the following: "approved by the chairman (except that in the case of a commissioner, or the personal staff of any commissioner, such vouchers may be approved by that commissioner)", and (2) by striking out subsection (d) and redesignating subsections (e), (f), and (g) as (d), (e), and (f), respectively.

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Page:United States Statutes at Large Volume 91.djvu/903

 PUBLIC LAW 95-106—AUG. 17, 1977 (c) The amendments made by this section take effect on the date of enactment of this Act. SEC. 4. HARMONIZATION OF TRADE STATISTICS.

91 STAT. 869 Effective date, 19 USC 1331

note.

Section 484(e) of the Tariff Act of 1930 (19 U.S.C. 1484(e)) is amended by striking out "production," and inserting in lieu thereof the following: "production and programs for achieving international harmonization of trade statistics,". SEC. 5. CONTINUATION OF REPORTS WITH RESPECT TO SYNTHETIC ORGANIC CHEMICALS.

The International Trade Commission is hereby directed to make, for each calendar year ending before January 1, 1981, reports with respect to synthetic organic chemicals similar in scope to the reports made with respect to such chemicals for the calendar year 1976. Approved August 17, 1977.

LEGISLATIVE HISTORY: HOUSE REPORTS No. 95-217 (Coram, on Ways and Means) and 95-518 (Coram, of Conference). SENATE REPORT No. 95-122 (Coram, on Finance). CONGRESSIONAL RECORD, Vol. 123 (1977): n Apr. 25, considered and passed House. May 17, considered and passed Senate, araended. Aug. 4, House agreed to conference report. Aug. 5, Senate agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 13, No. 34: Aug. 18, Presidential stateraent. ...

19 USC 1332 note.

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Page:United States Statutes at Large Volume 91.djvu/904

 91 STAT. 870

PUBLIC LAW 95-107—AUG. 17, 1977

Public LaW 95-107 95th Congress An Act Aug. 17. 1977 [S. 1935] Emergency drought relief. 43 USC 502 note.

43 USC 502 note.

Report to Congress.

Availability of funds.

To amend Public Law 95-18, providing for emergency drought relief measures.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) clause (a) of the first section of the Act entitled "An Act to provide temporary authorities to the Secretary of the Interior to facilitate emergency actions to mitigate the impacts of the 1976-1977 drought", approved April 7, 1977 (91 Stat. 36), is amended by striking out "November 30, 1977" and inserting in lieu thereof "January 31, 1978". (b) Section 8(c) of such Act is amended by striking out "September" and inserting in lieu thereof "November". Add to section 8 of Public Law 95-18: "(d) The Secretary may condition grants, or may waive all or a portion of the repayment of loans made under this Act, upon the agreement of a recipient to undertake a program of water conservation and efficient management meeting standards established by the Secretary. The Secretary shall report to Congress on measures which he has undertaken to institute such conservation and management procedures." (c) Section 9 of such Act is amended by striking out all beginning with "water purchase" through "authorized by this Act and for" and inserting in lieu thereof "provisions of this Act which shall include the". (d) Section 10(a) of such Act is amended by striking out all beginning with "during fiscal year" through " (62 Stat. 1052)", and inserting in lieu thereof "pursuant to this Act and the Act of June 26, 1948 (62 Stat. 1052)". (e) Section 10(b) of such Act is amended— (1) by striking out all beginning with "during fiscal year" through " (62 Stat. 1052)", and inserting in lieu thereof "pursuant to this Act and the Act of June 26, 1948 (62 Stat. 1052)"; and (2) in the first sentence by striking out all beginning with the colon through "State". Approved August 17, 1977.

LEGISLATIVE HISTORY: SENATE REPORT No. 95-379 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 123 (1977): Aug. 1, considered and passed Senate. Aug. 4, considered and passed House, amended. Aug. 5, Senate agreed to House amendment.

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Page:United States Statutes at Large Volume 91.djvu/905

 91 STAT. 871

PUBLIC LAW 95-108—AUG. 17, 1977

Public Law 95-108 95th Congress An Act To amend the Arms Control and Disarmament Act to authorize appropriations for fiscal year 1978, and for other purposes. Be it enacted by the Senate and House of Representatives United States of America in Congress assembled,

Aug. 17, 1977 [H.R. 6179]

of the

Arms Control and Disarmament Act Amendments of SHORT TITLE 1977. SECTION 1. This Act may be cited as the " A r m s Control and Dis- 22 USC 2551 note. armament Act Amendments of 1977". SPECIAL REPRESENTATIVE

SEC. 2. (a) Title II of the A r m s Control and Disarmament Act is amended by a d d i n g at the end thereof the following new section: u SPECIAL

REPRESENTATIVE

" SEC. 27. The President may appoint, by and with the advice and Appointment and consent of the Senate, a Special Representative for A r m s Control confirmation. and Disarmament Negotiations who shall perform such duties and 22 USC 2567. exercise such powers (under the direction of the President and the Secretary of State, acting through the Director) as the Director may prescribe with respect to international arms control and disarmament negotiations and matters relating thereto.". (b) Section 5315 of title 5, United States Code, is amended by inserting the following new paragraph immediately after paragraph (49): "(50) Special Representative for A r m s Control and Disarmament Negotiations, United States A r m s Control and Disarmament Agency.". RESEARCH

SEC. 3. Section 31 of the A r m s Control and Disarmament Act is 22 USC 2571. amended by striking out "United States" in clause (2) of the second sentence. VERIFICATION OF ARMS CONTROL AGREEMENTS

SEC. 4. Title III of the A r m s Control and Disarmament Act is amended by adding at the end thereof the following new section: " V E R I F I C A T I O N OF A R M S CONTROL AGREEMENTS

" SEC. 37. (a) It is the sense of the Congress that adequate verification of compliance should be an indispensable part of any international arms control agreement. I n recognition of such policy and in order to assure that arms control proposals made or accepted by the United States can bei adequately verified, the Director shall report to the

22 USC 2577. Report to Congress.

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Page:United States Statutes at Large Volume 91.djvu/906

 91 STAT. 872

PUBLIC LAW 95-108—AUG. 17, 1977 Congress, on a timely basis, or upon a request by an appropriate committee of the Congress— "(1) in the case of each element of any significant arms control proposal made to a foreign country by the United States, or made to the United States by a foreign country, the determination of the Director as to the degree to which such element can be verified by existing national technical means; "(2) in the case of any arms control agreement or treaty that has entered into force, any significant degradation or alteration in the capacity of the United States to verify the various components of such agreement or treaty; "(3) the number of professional personnel assigned to arms control verification on a full-time basis by each Government agency; and "(4) the amount and percentage of research funds expended by the Agency for the purpose of analyzing issues relating to arms control verification. "(b) For purposes of paragraphs (1) and (2) of subsection (a), the Director shall assume that all measures of concealment not expressly prohibited could be employed and that standard practices could be altered so as to impede verification. "(c) Except as otherwise provided by law, nothing in this section shall be construed as requiring the disclosure of sensitive information relating to intelligence sources or methods or persons employed in the verification of compliance with arms control agreements.". GENERAL

Personnel. 22 USC 2581. 5 USC 101 et seq.

5 USC 5101. 5 USC 5331. 5 USC 5332 note.

Review.

AUTHORITY

SEC. 5. (a) Section 41(b) of the Arms Control and Disarmament Act is amended to read as follows: "(b) appoint officers and employees, including attorneys, for the Agency in accordance with the provisions of title 5, United States Code, governing appointment in the competitive service, and fix their compensation in accordance with chapter 51 and with subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates, except that during the 2-year period beginning on the date of enactment of the Arms Control and Disarmament Act Amendments of 1977, the Director may, to the extent he deems necessary to the discharge of his responsibilities, appoint and fix the compensation of officers and emplovees for the Agency without regard to such provisions, subject to the following requirements: "(1) an officer or employee whose compensation is fixed under the foregoing exception may not be paid a salary at a rate in excess of the rate payable under such chapter 51 and such subchapter III for positions of equivalent difficulty or responsibility except for (A) those officers and employees whose compensation is fixed by law, and (B) scientific and technical personnel who may be compensated at a rate not to exceed the rate in effect for grade GS-18 of the General Schedule; "(2) the Director shall make adequate provision for administrative review of any determination to suspend or dismiss any officer or employee appointed under the foregoing exception; and "(3) an officer or employee of the Agency serving under a career or career conditional appointment on the date of enactment of the Arms Control and Disarmament Act Amendments of 1977 may not be involuntarily deprived, while employed by the Agency,

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Page:United States Statutes at Large Volume 91.djvu/907

 PUBLIC LAW 95-108—AUG. 17, 1977

91 STAT. 873

of any rights normally granted such officer or employee in the competitive service;", (b) Section 41 of such Act is amended— 22 USC 2581. (1) by redesignating paragraphs (g) and (h) as paragraphs (h) and (i), respectively; and (2) by inserting immediately after paragraph (f) the follow- Advisory services, ing new paragraph: "(g) permit, under such terms and conditions as he may prescribe, expenses, any officer or employee of the Agency, in connection with the attend- reimbursement. ance by such officer or employee at meetings or in performing advisory services concerned with the functions or activities of the Agency, to accept payment, in cash or in kind, from any private agency or organization, or from any individual affiliated with such agency or organization, for travel and subsistence expenses, such payment to be retained by such officer or employee to cover the cost thereof or to be deposited to the credit of the appropriation from which the cost thereof is paid;". AUTHORIZATION OF APPROPRIATIONS

SEC. 6. Section 49(a) of the Arms Control and Disarmament Act is amended to read as follows: "(a) To carry out the purposes of this Act, there are authorized to be appropriated— "(1) for fiscal years 1976 and 1977, the sum of $23,440,000 (and such additional amounts as may be necessary for increases in salary, pay, retirement, other employee benefits authorized by law, and other nondiscretionary costs); and "(2) for fiscal year 1978, the sum of $16,600,000 (and such additional amounts as may be necessary for increases in salary, pay, retirement, other employee benefits authorized by law, and other nondiscretionary costs); to remain available until expended. Of the sum authorized to be appropriated by this section for the fiscal year 1978, $2,000,000 shall be available only for the purpose of furthering the nuclear safeguards programs and activities of the International Atomic Energy Agency.". Approved August 17, 1977.

LEGISLATIVE HISTORY: HOUSE REPORTS No. 95-219 (Comm. on International Relations) and No. 95-563 (Comm. of Conference). SENATE REPORT No. 95-193 (Comm. on Foreign Relations). CONGRESSIONAL RECORD, Vol. 123 (1977): May 3, considered and passed House. June 16, considered and passed Senate, amended. Aug. 4, Senate and House agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 13, No. 34: Aug. 18, Presidential statement.

22 USC 2589.

International Atomic Energy Agency,

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Page:United States Statutes at Large Volume 91.djvu/908

 PUBLIC LAW 95-109—SEPT, 20, 1977

91 STAT. 874

Public Law 95-109 95th Congress An Act Sept. 20, 1977 [H.R. 5294]

To amend the Consumer Credit Protection Act to prohibit abusive practices by debt collectors.

• Consumer Credit Protection Act, amendment.

Be it enacted by the Senate and House of Representatives of the United States of America m Congress assembled.) That the Consumer Credit Protection Act (15 U.S.C. 1601 et seq.) is amended by adding ^^ ^j^g ^^^ thereof the following new title:

Fair Debt Collection Practices Act.

15 USC 1601 note. 15 USC 1692.

"TITLE VIII—DEBT COLLECTION PRACTICES "Sec.

"801. "802. "803. "804. "805. "806. "807. "808. "809. "810. "811. "812. "813. "814. "815. "816. "817. "818.

Short title. - Findings and purpose. Definitions. Acquisition of location information. Communication in connection with debt collection. Harassment or abuse. False or misleading representations. Unfair practices. Validation of debts. Multiple debts. Legal actions by debt collectors. Furnishing certain deceptive forms. Civil liability. Administrative enforcement. Reports to Congress by the Commission. Relation to State laws. Exemption for State regulation. Effective date.

>

"§ 801. Short title "This title may be cited as the 'Fair Debt Collection Practices Act'. "§ 802. Findings and purpose "(a) There is abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors. Abusive debt collection practices contribute to the number of personal bankruptcies, to marital instability, to the loss of jobs, and to invasions of individual privacy. " (b) Existing laws and procedures for redressing these injuries are inadequate to protect consumers. " (c) Means other than misrepresentation or other abusive debt collection practices are available for the effective collection of debts. "(d) Abusive debt collection practices are carried on to a substantial extent in interstate commerce and through means and instrumentalities of such commerce. Even where abusive debt collection practices are purely intrastate in character, they nevertheless directly affect interstate commerce. "(e) I t is the purpose of this title to eliminate abusive debt collection practices by debt collectors, to insure that those debt collectors who refrain from using abusive debt collection practices are not competitively disadvantaged, and to promote consistent State action to protect consumers against debt collection abuses.

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Page:United States Statutes at Large Volume 91.djvu/909

 PUBLIC LAW 95-109—SEPT. 20, 1977

91 STAT. 875

"§803. Definitions 15 USC 1692a. "As used in this title— "(1) The term 'Commission' means the Federal Trade Commission. "(2) The term 'communication' means the conveying of information regarding a debt directly or indirectly to any person through any medium. "(3) The term 'consumer' means any natural person obligated or allegedly obligated to pay any debt. "(4) The term 'creditor' means any person who otfers or extends credit creating a debt or to whom a debt is owed, but such term does not include any person to the extent that he receives an assignment or transfer of a debt in default solely for the purpose of facilitating collection of such debt for another. "(5) The term 'debt' means any obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance, or services which are the subject of the transaction are primarily for personal, family, or household purposes, whether or not such obligation has been reduced to judgment. "(6) The term 'debt collector' means any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another. Notwithstanding the exclusion provided by clause (G) of the last sentence of this paragraph, the term includes any creditor Avho, in the process of collecting his own debts, uses any name other than his own which would indicate that a third person is collecting or attempting to collect such debts. For the purpose of section 808(6), such term also includes any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the enforcement of security interests. The term does not include— "(A) any officer or employee of a creditor while, in the name of the creditor, collecting debts for such creditor; "(B) any person while acting as a debt collector for another person, both of whom are related by common ownership or affiliated by corporate control, if the person acting as a debt collector does so only for persons to whom it is so related or affiliated and if the principal business of such person is not the collection of debts; "(C) any officer or employee of the United States or any State to the extent that collecting or attempting to collect any debt is in the performance of his official duties; "(D) any person while serving or attempting to serve legal process on any other person in connection with the judicial enforcement of any debt; " (E) any nonprofit organization which, at the request of consumers, performs bona fide consumer credit counseling and assists consumers in the liquidation of their debts by receiving payments from such consumers and distributingsuch amounts to creditors; " (F) any attorney-at-law collecting a debt as an attorney on behalf of and in the name of a client; and

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Page:United States Statutes at Large Volume 91.djvu/910

 91 STAT. 8 7 6 J)

15 USC 1692b.

15 USC 1692c.

PUBLIC LAW 95-109—SEPT. 20, 1977 " (G) any person collecting or attempting to collect any debt owed or due or asserted to be owed or due another to the . extent such activity (i) is incidental to a bona fide fiduciary obligation or a bona fide escrow arrangement; (ii) concerns a debt which was originated by such person; (iii) concerns a debt which was not in default at the time it was obtained by such person; or (iv) concerns a debt obtained by such person as a secured party in a commercial credit transaction involving the creditor. " (7) The term 'location information' means a consumer's place of abode and his telephone number at such place, or his place of employment, " (8) The term ' State ' means any State, territory, or possession of the United States, the District of Columbia, the Commonwealth of P u e r to Eico, or any political subdivision of any of the foregoing. «§ 804. Acquisition of location information "Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall— " (1) identify himself, state that he is confirming or correcting location information concerning the consumer, and, only if expressly requested, identify his employer; " (2) not state that such consumer owes any debt; " (3) not communicate with any such person more than once unless requested to do so by such person or unless the debt collector reasonably believes that the earlier response of such person is erroneous or incomplete and that such person now has correct or complete location information; " (4) not communicate by post c a r d; ''(5) not use any language or symbol on any envelope or in the contents of any communication effected by the mails or telegram that indicates that the debt collector is in the debt collection business or that the communication relates to the collection of a debt; and " (6) after the debt collector knows the consumer is represented by an attorney with regard to the subject debt and has knowledge 01, or can readily ascertain, such attorney's name and address, not communicate with any person other than that attorney, unless the attorney fails to respond within a reasonable period of time to communication from the debt collector. "§ 805. Communication in connection with debt collection " (a)

COMMUNICATION W I T H THE CONSUMER G E N E R A IX Y. — W i t h o u t

the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt— " (1) at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer. I n the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after 8 o'clock antimeridian and before 9 o'clock postmeridian, local time at the consumer's location; " (2) if the debt collector knows the consumer is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorney's name and address, unless

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Page:United States Statutes at Large Volume 91.djvu/911

 PUBLIC LAW 95-109—SEPT. 20, 1977

91 STAT. 877

the attorney fails to respond within a reasonable period of time to a communication from the debt collector or unless the attorney consents to direct communication with the consumer; or " (3) at the consumer's place of employment if the debt collector knows or has reason to know that the consumer's employer prohibits the consumer from receiving such communication.
 * '(b) COMMUNICATION W I T H T H I R D PARTIES.—Except as provided

in section 804, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a post judgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than the consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector. " (c) CEASING COMMUNICATION.—If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease fuither communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except— " (1) to advise the consumer that the debt collector's further efforts are being terminated; " (2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or " (3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy. I f such notice from the consumer is made by mail, notification shall be complete upon receipt. " (d) For the purpose of this section, the term 'consumer' includes the consumer's spouse, parent (if the consumer is a m i n o r), guardian, executor, or administrator. "§ 806. Harassment or abuse " A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. W i t h o u t limiting the general application of the foregoing, the following conduct is a violation of this section: " (1) The use or t h r e a t of use of violence or other criminal means to h a r m the physical person, reputation, or property of any person. " (2) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader. " (3) The publication of a list of consumers who allegedly refuse to pay debts, except to a consumer reporting agency or to persons meeting the requirements of section 603(f) or 604(3) of this Act. " (4) The advertisement for sale of any debt to coerce payment of the debt. " (5) Causing a telephone to r i n g or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number. " (6) Except as provided in section 804, the placement of telephone calls without meaningful disclosure of the caller's identity. "§ 807. False or misleading representations "A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt.

15 USC 1692(1.

15 USC 1681a, 1681b.

15 USC 1692e.

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