text:
Page:United States Statutes at Large Volume 90 Part 2.djvu/1150

 90 STAT. 2618

45 USC 743.

Post, pp. 2622, 2623.

Ante, p. 2616.

. V.;t

PUBLIC LAW 94-555—OCT. 19, 1976 "(vii) amounts required to provide adequate funding for payment, when due, of claims deriving from membership in any employee voluntary relief plan which provides benefits to its members and their beneficiaries in the event of sickness, accident, disability, or death, and to which both a railroad in reorganization and employee members have made contributions; "(viii) amounts required to provide adequate funding for payment, when due, of medical and life insurance benefits for employees (whether or not their employment was governed by a collective bargaining agreement) on account of their service with a railroad in reorganization prior to the date of conveyance pursuant to section 803(b)(1) of this Act, and for individuals who retired, prior to such date of conveyance, from service with a railroad in reorganization; "(ix) amounts required to discharge the obligations of each such railroad in reorganization to nonemployee claimants for personal injuries suffered during the period such railroad has been in leorganization; and "(x) amounts required to discharge any obligation of a railroad in reorganization in the region to the National Railroad Passenger Corporation, arising out of a contract between such railroad in reorganization and such Corporation under which such railroad in reorganization is required to provide a suitable rail passenger station, in any case in which such railroad in reorganization sold a rail passenger station pursuant to a judicial order of condemnation prior to April 1, 1976. "(B) The Association shall make a loan pursuant to subparagraph (A) of this paragraph if, notwithstanding any other requirement of this subsection, it finds that the Corpration, the National Railroad Passenger Corporation, or a profitable railroad is entitled to a loan pursuant to section 303(b)(6), 604(e), or 504(g) of this Act, or if, with respect to an obligation referred to in subparagraph (A) of this paragraph, it finds that— "(i) provision for the payment of such obligation was not included in the financial projections of the final system plan; "(ii) such obligation arose from rail operations prior to the date of conveyance of rail properties pursuant to section 303 (b)(1) of this Act and is, under other applicable law, the responsibility of a railroad in reorganization in the region, and a claim is presented to a railroad in reorganization in the region, or the Corporation within 2 years after the date of enactment of the Rail Amendments of 1976; "(iii) the Corporation, the National Railroad Passenger Corporation, or a profitable railroad has advised the Association that the direct payment of such obligation by the Corporation, the National Railroad Passenger Corporation, or a profitable railroad is for services or materials, the furnishing of which served to avoid disruptions in ordinary business relationships prior to the date of conveyance of rail properties pursuant to section 303 (b)(1) of this Act, or is necessary to avoid postconveyance disruptions in ordinary business relationships; "(iv) the transferor is unable to pay such obligation within a reasonable period of time; and "(v) with respect to loans made to the Corporation, the procedures to be followed by the Corporation, in seeking reimbursement from a railroad in reorganization in the region for an obligation paid on its behalf under this subsection, have been

�


text:
Page:United States Statutes at Large Volume 90 Part 2.djvu/1151

 PUBLIC LAW 94-555—OCT. 19, 1976

90 STAT. 2619

jointly agreed to by the Finance Committee and the Corporation, and the joint agreement— "(1) provides for the Corporation to receive reimbursement from the Association for any expenses incurred in seeking reimbursement from any railroad in reorganization in the region for an obligation paid on its behalf under this subsection; and " ( II) includes a stipulation of the exact procedures the Corporation shall undertake to avoid the finding, referred to in paragraph (6)(A)(i) of this subsection, that it has not exercised due diligence.". (b) Section 211(h)(2) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 721 (h)(2)) is amended— (1) by inserting immediately before the period at the end of the first sentence thereof the following: "and for the payment of only those accounts payable which relate to obligations of the estates identified in paragraph (1) of this subsection"; and (2) by adding at the end thereof the following new sentences: Jurisdiction. "Nothing in this subsection shall be construed as permitting any district court of the United States having jurisdiction over the reorganization of a railroad in reorganization in the region to enjoin, restrain, or limit the Corporation, the National Railroad Passenger Corporation, or a profitable railroad from applying, to payment of the obligations of the estates identified in paragraph (1) of this subsection, amounts collected as (A) accounts receivable pursuant to this paragraph, (B) cash or other current assets identified pursuant to paragraph (3) of this subsection, or (C) proceeds of loans pursuant to paragraph (1) of this subsection. Any agency agreement executed prior to the date of the enactment of the Rail Transportation Improvement Act shall be Ante, p. 2613. deemed amended to the extent necessary to conform such agreement or order to the provisions of this paragraph. Nothing in this paragraph shall be construed to affect any payment made prior to such date of enactment with respect to obligations other than those identified in paragraph (1) of this subsection.". ?';» (c) Section 211(h)(4) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 721(h)(4)) is amended by adding at the end thereof the following new subparagraph: "(D)(i) Except as provided in clause (ii] of this subparagraph, any funds held in an escrow account by a railroad in reorganization on the date of enactment of the Rail Transportation Improvement Act which are thereafter determined to be cash and other current assets of the estate of such railroad in reorganization, for purposes of paragraph (3) of this subsection, shall be applied as follows— " (I) first, to the reduction of any outstanding loans to the Corporation by the Association, pursuant to paragraph (1) of this subsection, the proceeds of which were used to discharge obligations of such railroad in reorganization; " ( II) second, to the Association to the extent of any such loans which have been forgiven pursuant to paragraph (5) of this subsection; and " ( III) third, to the payment of any remaining obligations of such railroad in reorganization, in accordance with the provision of the agency agreement entered into pursuant to paragraph (2) of this subsection, "(ii) The manner of disposition set forth in clause (i) of this subparagraph shall not apply with respect to a railroad in reorganization

�

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


text:
Page:United States Statutes at Large Volume 90 Part 2.djvu/1152

 90 STAT. 2620

PUBLIC LAW 94-555—OCT. 19, 1976

if the Secretary (I) determines that a different disposition of assets is necessary to carry out a reorganization plan of such railroad in reorganization, and that such different disposition adequately protects the interests of the United States, and (II) transmits his determination to the court having jurisdiction over the reorganization of such railroad.". Administrative (d) Section 211(h)(5)(B) of the Regional Rail Reorganization expense, proof Act of 1973 (45 U.S.C. 721 (h)(5)(B)) is amended by adding at the of claim, filing. ^^^ thereof the following new sentences: "The Corporation, the National Rail Passenger Corporation, or a profitable railroad, as the case may be, shall, with respect to each direct claim for reimbursement pursuant to paragraph (4) of this subsection, file a proof of administrative expense claim with the trustees of the railroad in reorganization from whom reimbursement is sought. Each such proof of administrative expense claim shall set forth, by category and amount, the obligations of such railroad in reorganization which were paid pursuant to such paragraph (4).". (e) The first sentence of section 210(b) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 720(b)) is amended to read as follows: "The aggregate principal amount (exclusive of interest or additions to principal on account of accrual of interest) of obligations issued by the Association under this section which may be outstanding at any one time shall not exceed $395,000,000.". PROTECTION OF EMPLOYEES' PENSION BENEFITS

29 USC 1301. Ante, p. 2617.

SEC. 204. Section 303(b)(6) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 743(b)(6)) is amended by striking out the period at the end of the last sentence thereof and inserting in lieu thereof the following: ", except that in any case in which the Corporation, on or after the date of transfer or assignment as provided by this paragraph, terminates in whole or in part any such plan, the benefits under which are not guaranteed under title IV of the Employee Retirement Income Security Act of 1974, the Corporation shall guarantee the payment when due of the accrued pension benefits provided for thereunder at the time of termination. The Corporation shall be entitled to a loan pursuant to section 211(h) of this Act in an amount required for the adequate funding of accrued pension benefits under all plans transferred or assigned to the Corporation in accordance with this paragraph (whether or not terminated by the Corporation). For purposes of such section 211(h) and notwithstanding any other provision of Federal or State law, amounts required for such adequate funding shall be deemed to be expenses of administration of the respective estates of the railroads in reorganization, due and payable as of the date of transfer or assignment of the plans to the Corporation.". EVIDENTIARY USE OF CERTAIN DETERMINATIONS; FOR RAIL SERVICE

REIMBURSEMENT

Sec. 205. (a) Section 304(d) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 744(d)) is amended by adding at the end thereof the following new paragraph: "(4) No determination of reasonable payment for the use of rail properties of a railroad in reorganization in the region, and no determination of value of rail properties of such a railroad (including supporting or related documents or reports of any kind) which is made in connection with any lease agreement, contract of sale, or other agreement or understanding which is entered into after the date of enactment of the Rail Transportation Improvement Act—

�


text:
Page:United States Statutes at Large Volume 90 Part 2.djvu/1153

 PUBLIC LAW 94-555—OCT. 19, 1976

90 STAT. 2621

" (A) pursuant to this section; or "(B) pursuant to section 402 of this Act or section 17 of the 45 USC 562. Urban Mass Transportation Act of 1964 (49 U.S.C. 1613), shall be admitted as evidence, or used for any other purpose, in any civil action, or any other proceeding for damages or compensation, arising under this Act.". (b) Section 304(e)(5) of the Kegional Rail Reorganization Act of 1973 (45 U.S.C. 744(e)) is amended by redesignating subparagraph (C) thereof as subparagraph (D), and by inserting immediately after subparagraph (B) thereof the following new subparagraph,: "(C) For purposes of the obligation of the Secretary to reimburse the Corporation (or a profitable railroad) or States, local public bodies, and agencies thereof under subparagraphs (A) and (B) of this paragraph, the level of rail passenger service shall be determined on the basis of train miles, car miles, or some other appropriate indicia of scheduled train movements. Programs to correct deferred maintenance on rolling stock, right-of-way, and other facilities which are designed to maintain service, meet on-time performance, and maintain a reasonable degree of passenger comfort (and costs incurred incident thereto) shall be included within the meaning of the term "loss" as used in subparagraph (A) of this paragraph and within the meaning of the term "additional costs" as used in subparagraph (B) of this paragraph and section 17(a)(2) of the Urban Mass Transportation Act of 1964 (49 U.S.C. 1613(a)(2)).". AUTHORITY OF THE INTERSTATE COMMERCE

COMMISSION

SEC. 206. Section 304( j) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 744(j) is amended— (1) by striking out paragraph (1) thereof and inserting in lieu thereof the following: "(1)(A) Except as provided in subparagraph (B) of this paragraph, no local public body which provides mass transportation services by rail, and which is otherwise subject to the Interstate Commerce Act shall, with respect to the provision of such services, be subject to the Interstate Commerce Act or to rules, regulations, and orders promulgated under such Act, if the interstate fares, or the ability to apply to the Interstate Commerce Commission for changes thereto, of such local public body is subject to approval or disapproval by a Governor of any State in which it provides services. "(B) Any local public body described in subparagraph (A) of this paragraph shall continue to be subject to applicable Federal laws pertaining to (i) safety, (ii) the representation of employees for purposes of collective bargaining, and (iii) employment retirement, annuity, and unemployment systems or any other provision pertaining to dealings between employees and employers."; and (2) by striking out paragraph (2)(B) thereof and inserting in lieu thereof the following: "(B) 'mass transportation services' means transportation services described in section 12(c)(5) of the Urban Mass Transportation Act (49 U.S.C. 1608(c)(5)) which are provided by rail.". REPLACEMENT OPERATORS

SEC. 207. (a) Section 501 of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 771) is amended—

49 USC prec. 1 note.

"Mass transportation services."

�


text:
Page:United States Statutes at Large Volume 90 Part 2.djvu/1154

 90 STAT. 2622

"Replacement operator."

PUBLIC LAW 94-555--OCT. 19, 1976 (1) by striking out "and" at the end of paragraph (9) thereof; (2) by striking out the period at the end of paragraph (10) thereof, and inserting in lieu thereof "; and"; and (3) by adding at the end thereof the following new paragraph: " (H) 'replacement operator'means— "(A) a State which has acquired all or part of the rail properties of any railroad in reorganization in the region and which intends to replace any class I railroad as the operator of rail service over such rail properties; or "(B) any class I railroad which is designated, by a State which has acquired such rail properties, to replace the State or any other class I railroad as the operator of rail service over such rail properties.". (b) Section 504(f)(3) of the Kegional Eail Eeorganization Act of 1973 (45 U.S.C. 774(b)(3)) is amended— (1) in the first sentence thereof, by striking out "shall upon transfer" and all that follows through "status." and inserting in lieu thereof the following: ", or as a result of the designation of a replacement operator, shall, upon transfer to the National Railroad Passenger Corporation, an acquiring railroad, or a replacement operator, carry with him his protected status."; and (2) in the second sentence thereof by striking out "or an acquiring railroad," and inserting in lieu thereof ", an acquiring railroad, or a replacement operator,". (c) Section 509 of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 779) is amended— (1) by inserting immediately after "the Association (where applicable)," each time it appears the following: "replacement operators,"; and (2) in the third sentence thereof, by inserting immediately after "the Corporation nor" the following: "a replacement operator nor". COLLECTIVE BARGAINING AND TELA CLAIMS

Ante, p. 2617.

SEC. 208. (a) Section 504(e) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 774 (e)) is amended— (1) by striking out the period at the end of the first sentence thereof, and inserting in lieu thereof the following: ", to the extent that such claims are determined by the Association to be the obligation of a railroad in reorganization in the region."; and (2) by inserting immediately after the first sentence thereof the following new sentences: "Any liability of an estate of a railroad in reorganization to its employees which is assumed, processed, and paid, pursuant to this subsection, by the Corporation, the National Railroad Passenger Corporation, or an acquiring carrier shall remain the preconveyance obligation of the estate of such railroad for purposes of section 211(h)(1) of this Act. The Corporation, the National Railroad Passenger Corporation, an acquiring carrier, or the Association, as the case may be, shall be entitled to a direct claim as a current expense of administration, in accordance with the provisions of section 211(h) of this Act (other than paragraph (4)(A) thereof), for reimbursement (including costs and expenses of processing such claims) from the estate of the railroad in reorganization on whose behalf such obligations are discharged or paid.".

�


text:
Page:United States Statutes at Large Volume 90 Part 2.djvu/1155

 PUBLIC LAW 94-555—OCT. 19, 1976

90 STAT. 2623

(b) Section 504(g) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 774(g)) is amended— (1) by striking out the period at the end of the last sentence thereof and inserting in lieu thereof the following:", to the extent that such claims are determined by the Association to be the obligation of such railroad."; and (2) by adding at the end thereof the following new sentences: "Any liability of an estate of a railroad in reorganization which is assumed, processed, and paid, pursuant to this subsection, by the Corporation or an acquiring railroad shall remain the preconveyance obligation of the estate of such railroad for purposes of section 211(h)(1) of this Act. The Corporation, an acquiring Ante, p. 2617. railroad, or the Association, as the case may be, shall be entitled to a direct claim as a current expense of administration, in accordance with the provisions of section 211(h) of this Act (other than paragraph (4)(A) thereof), for reimbursement (including costs and expenses of processing such claims) from the estate of the railroad in reorganization on whose behalf such obligations are discharged or paid.". EMPLOYEE DISPLACEMENT

ALLOWANCE

SEC. 209. (a) Section 505(b) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 775 (b)) is amended— (1) in paragraph (1) thereof, by striking out "February 26, 1975" and inserting in lieu thereof "January 1, 1975"; (2) in paragraph (3) thereof, by striking out "February 26, 1975" and inserting in lieu thereof "January 1, 1975"; and (3) in paragraph (4) thereof, by striking out "February 26, 1975" and inserting in lieu thereof "January 1, 1975". (b) Section 505(b)(1)(B) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 775(b)(1)(B)) is amended by inserting immediately after " (B) " the following: "with respect to a protected employee who has been deprived of his employment,". NOXCONTRACT EMPLOYEES

SEC. 210. (a) Section 505(i)(2) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 775 (i)(2)) is amended by inserting immediately after the first sentence thereof the following new sjentence: "Such resolution procedure shall be the exclusive means available to the parties for resolving such dispute, and any arbitration decision rendered shall be final and binding on all parties.". (b) Section 505(i) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 775 (i)) is amended by adding at the end thereof the following new paragraph: " (3) Except as otherwise provided in this title, a protected employee whose employment is not governed by the terms of a collective bargaining agreement and who has been deprived of employment shall not, during the period in which he is entitled to protection, be placed in a worse position with respect to any voluntary relief plan benefits or preretirement benefits provided under any life or medical insurance plan, except that the level of benefits to which such an employee is entitled under this paragraph shall not exceed the level of benefits which is afforded to the Corporation's active noncontract employees of comparable age, position, and level of compensation.".

�


text:
Page:United States Statutes at Large Volume 90 Part 2.djvu/1156

 90 STAT. 2624

PUBLIC LAW 94-555—OCT. 19, 1976 (c) Section 505(b)(4) of the Kegional Kail Reorganization Act of 1973 (45 U.S.C. 775(b)(4)) is amended by adding at the end thereof the following new sentence: "This paragraph shall not apply to any noncontract employee whose noncontract position has been abolished.". UNITED STATES RAILWAY ASSOCIATION BOARD M E M B E R S H I P

SEC. 211. (a) Section 102(16) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 702(16)) is amended by striking out "the duly authorized representatives of either of them" and inserting in lieu thereof ", in his absence, the Deputy Secretary of Transportation". (b) Section 201(d)(2) of such Act (45 U.S.C. 711) is amended by striking out "their duly authorized representatives" and inserting in lieu thereof "the Deputy Secretary of Transportation, the Vice Chairman of the Commission, or the Deputy Secretary of the Treasury, as the case may be". (c) Section 201(h) of such Act (45 U.S.C. 711(h)) is amended by striking out the second sentence thereof. (d) Section 201(i) of such Act (45 U.S.C. 711 (i)) is amended, in the first sentence thereof, by striking out "duly authorized representatives" and inserting in lieu thereof "Deputy Secretaries". (e) Section 201(j)(4) of such Act (45 U.S.C. 711 (j)(4)) is amended to read as follows: "Any reference in this Act to the Secretary of the Treasury is to the Secretary of the Treasury or the person who is at the time performing the duties of the Office of the Secretary of the Treasury in accordance with law or, in his absence, the Deputy Secretary of the Treasury. Any reference in this Act to the Chairman of the Commission is to the Chairman of the Commission or the person who is at the time performing the duties of the Chairman of the Commission in accordance with law.". F I N A N C I A L ASSISTANCE

Ante, p. 71.

SEC. 212. (a) Section 505(a) of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 825(a)) is amended to read as follows: "SEC. 505. (a) IN GENERAL.—Any railroad may apply to the Secretary, following the date of enactment of this Act and in accordance with regulations promulgated by the Secretary, for financial assistance for facilities rehabilitation and improvement financing and for such other financial assistance as may be approved by the Secretary. Any regulations promulgated by the Secretary pursuant to this section shall include specific and detailed standards in accordance with which the Secretary shall conduct the evaluations and make the determinations required in subsection (b)(2) of this section.". PRIORITY OF REDEEMABLE PREFERENCE SHARES

Ante, p. 73.

SEC. 213. Section 506(a)(2) of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 826(a)(2)) is amended— (1) in clause (i) thereof, by inserting immediately after "whenever issued," the following: "except that the Secretary may make any such redeemable preference share subordinate to any common stock which was issued as a result of an exchange for securities which were senior in right to common stock, if (I^ such exchange took place pursuant to a court-approved reorganization plan under section 77 of the Bankruptcy Act (11 U.S.C.

�


text:
Page:United States Statutes at Large Volume 90 Part 2.djvu/1157

 PUBLIC LAW 94-555—OCT. 19, 1976

90 STAT. 2625

205), and (II) the railroad subject to such reorganization plan was in reorganization under such section 77 prior to the date of H USC 205. enactment of this Act,"; (2) in clause (iii) thereof, by inserting immediately after "other than common stock" the following: "(except in those cases in which the Secretary has provided for subordination pursuant to clause (i) of this paragraph) which is"; REDEMPTIOISr PAYMENTS AND INTEREST RATE

SEC. 214. (a) Section 506(a)(4) of the Kailroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 826(a)(4)) is amended Ante, p. 73. by striking out the period at the end thereof and inserting in lieu thereof the following: "and, except to permit the railroad to prepay its redemption payments, the number of such annual redemption payments shall in no event be less than 15; and". (b) Section 506(a) of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 826(a)) is amended by adding at the end thereof the following new paragraph: "(5) the proceeds from the issuance of which are to be expended solely to reduce the deferred maintenance on facilities, shall in no event yield (A) less than the minimum permissible yield determinable in accordance with paragraphs (3) and (4) of this subsection, nor (B) more than such railroad's rate of return on total capital (represented by the ratio which such carrier's net income, including interest on long-term debt, bore to the sum of the average shareholder's equity, long-term debt, and accunuilated deferred income tax credits for the three fiscal years preceding the date of submission of the application) as determined in accordance with the uniform system of accounts promulgated by the Commission in those cases in which such rate of return exceeded such minimum permissible yield.". OBLIGATION GUARANTEES

SEC. 215. (a) Section 511 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 831) is amended by striking out Ante, p. 76. subsection (c) thereof and inserting in lieu thereof the following new subsection: "(c) FULL. FAITH AND CREDIT.—All guarantees entered into by the Secretary under this section shall constitute general obligations of the United States of America backed by the full faith and credit of the United States of America.". (b) Section 511(h) of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 831(h)) is amended— (1) in paragraph (1) thereof, by inserting " (A) " immediately after "secured", and by inserting immediately before the semicolon the following ", or (B) in the case of the rehabilitation or improvement of leased equipment, by the lease"; and (2) by amending paragraph (5) thereof to read as follows— "(5) the prospective earning power of the applicant, or the value or prospective earning power of any equipment or facilities to be improved, rehabilitated, or acquired (or any combination of the foregoing), together with any other security offered by the applicant, is sufficient to provide the United States with reasonable security and protection, except that if the value or prospective earning power of such equipment or facilities is equal to or

�


text:
Page:United States Statutes at Large Volume 90 Part 2.djvu/1158

 90 STAT. 2626

Ante, f. 76.

11 USC 205.

PUBLIC LAW 94-555—OCT. 19, 1976 greater than the amount of the obligation to be guaranteed, the Secretary may not, on the basis of the lack of prospective earning power of the applicant, find that the United States will not be provided with the reasonable security and protection referred to in this paragraph; and". (c) Section 511(j) of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 831 (j)) is amended to read as follows: "(j) CONDITIONS OF GUARANTEES.—(1) The Secretary shall, before making, approving, or extending any guarantee or commitment to guarantee any obligation under this section, require the obligor to agree to such terms and conditions as are sufficient, in the judgment of the Secretary, to assure that, as long as any principal or interest is due and payable on such obligation, such obligor— "(A) will not make any discretionary dividend payments, except as provided in paragraph (2) of this subsection; and "(B) will not use any funds or assets from railroad operations for nonrail purposes, if such payments or use will impair the ability of such obligor to provide rail services in an efficient and economic manner or will adversely effect the ability of such obligor to perform any obligation guaranteed by the Secretary. "(2) An obligor shall not be restricted with respect to making dividend payments from its net income for any fiscal year, if such payments do not exceed— " (A) when compared to the net income of such obligor for such fiscal year, the ratio which aggregate dividends paid by such obligor, during the 5 fiscal years prior to the granting of the earliest loan guarantee then outstanding under this section, bore to aggregate net income of such obligor for such period; or "(B) 50 per centum of the total additions to the retained income of such obligor (computed on a cumulative basis and giving cognizance to dividends paid) during the period commencing with the fiscal year prior to the granting of the earliest loan guarantee then outstanding under this section, whichever is greater. "(3) The restrictions set forth in paragraphs (1) of this subsection shall not apply with respect to an obligation guaranteed under this section if, in the event of a default by the obligor, the Secretary would be subrogated to the rights of the lender under section 77(j) of the Bankruptcy Act.". (d) Section 511 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 831) is amended by striking out subsection (g) thereof and redesignating subsections (h) through (n) thereof as subsections (g) through (m), respectively. REHABILITATION AND F I N A N C I N G

Ante, ^.71.

AMENDMENTS

SEC. 216. (a) Section 505(b)(2) of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 825(b)(2)) is amended— (1) by inserting in the third sentence thereof, immediately after "shall" the following: "evaluate and"; (2) by inserting immediately after "financed" in clause (A) the following: "and the railroad's rate of return on total capital (represented by the ratio which such carriers net income, including interest on long-term debt, bore to the sum of average shareholder's equity, long-term debt, and accumulated deferred income tax

�


text:
Page:United States Statutes at Large Volume 90 Part 2.djvu/1159

 PUBLIC LAW 94-555—OCT. 19, 1976 for fiscal year 1975) as determined in accordance with the uniform system of accounts pronmlgated by the Commission"; and (3) by inserting immediately after the third sentence thereof the following new sentence: "Except as provided in the last sentence of this paragraph, the Secretary, in determining the extent to which a project will provide public benefits, shall give the highest priority to projects which will enhance the ability of the applicant carrier or other carriers to provide essential freight services.". (b) Section 503(e) of the Kailroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 823(e)) is amended by striking out "60" and inserting in lieu thereof "150". (c) Section 504(b) of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 824(b)) is amended— (1) by striking out "360" and inserting in lieu thereof "540"; and (2) by inserting in paragraph (A) thereof, immediately after "needs," the following: "the projected gross national product, the ix)tential demand for rail service and the types of service capable of meeting that potential demand, the potential revenues and costs (including capital costs associated with those levenues), the demand for rail services for which the railroads could compete on an economic basis, the probable sources of funding for the capital costs of providing those services, and which of those costs must be provided by public financing,". (d) Section 509 of the Railroad Revitalization and Regulatoiy Reform Act of 1976 (45 U.S.C. 829) is amended by striking out "September 30, 1978" and inserting in lieu thereof "March 31, 1979". (e) Section 901 of the Railroad Revitalization and Re.q-ulatorv Reform Act of 1976 (49 U.S.C. 1654 note) is amended by striking out "540" and inserting in lieu thereof "720". NORTHEAST CORRIDOR

90 STAT. 2627

Ante, p. 69. Ante, p. 70.

Ante, p. 76. Ante, p. 147.

ACQUISITIONS

SEC. 217. (a) Section 704(a)(3)(B) of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 854(a)(3)(B)) is Ante,f. 122. amended by striking out "$85,182,956" and inserting in lieu thereof "$120,000,000". (b) Section 704(a)(3) of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 854(a)(3)) is amended by adding at the end thereof the following: "Amounts appropriated pursuant to subparagraphs (B) and (D) of this paragraph shall be used first for the repayment, with interest, of that portion of obligations issued by the National Railroad Passenger Corporation and guaranteed pursuant to section 602 of the Rail Passenger Service Act (34 U.S.C. 602), the proceeds of which have 45 USC 602. been used for the payment of expenses resulting from the acquisition of the properties referred to in such subparagraphs (B) and (D).", (c) Section 704 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 854) is amended by adding at the end thereof the following new subsections: "(e) NOTE AND MORTGAGE.—In order to protect and secure the expenditure of funds by the United States on account of the acquisition and improvement of properties designated under section 206 (c)(1)(C) and (D) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 716(c)(1)(C) and (D)), the Secretary is authorized to obtain a note of indebtedness from, and to enter into a mortgage agreement with, the National Railroad Passenger Corporation

�


text:
Page:United States Statutes at Large Volume 90 Part 2.djvu/1160

 9 0 STAT. 2628

Ante, p. 119. 45 USC 851.

PUBLIC LAW 94-555—OCT. 19, 1976 in order to establish a mortgage lien on such properties for the United States securing such expenditure. Such note and mortgage shall not infringe upon or supersede the authority conferred upon the National Railroad Passenger Corporation by section 701 of this Act. "(f^

E X E M P T I O N AND I M M U N I T Y. — Any

agreement,

security,

or

obligation obtained by the Secretary pursuant to subsection (e) of this section, and any transaction i n connection with any such agreement, security, o r obligation, shall be exempt from the provisions of the Interstate Commerce Act (49 U.S.C. 1 et seq.), the Securities Act of 1933 (15 U.S.C. 77a et seq.), and any other Federal, State, or local law or regulation which regulates securities or the issuance thereof. Any such agreement, security, obligation, or transaction shall enjoy all of the immunities from other laws which section 601 of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 791) accords to transactions which are in compliance with or implement the final system plan. The conveyance or transfer of rail properties resulting from any such agreement, security, obligation, or transaction shall enjoy the same exemptions, privileges, and immunities which the Regional Rail Reorganization Act of 1973 (including section 303(e) thereof) accords to conveyances ordered or approved by the special court under section 306(b) of such Act (45 U.S.C. 7 4 3 (b)). "(g)

PROTECTION FROM L I A B I L I T Y. — The Corporation, its

Board

of Directors, and its individual directors shall not be liable to any party for any damages, or in any other manner, by reason of the fact that the Corporation has given or issued a security or obligation to the United States pursuant to the provisions of subsection (e) of this section. The immunity granted by this subsection shall also extend to any agreement entered into by the Corporation pursuant to such subsection (e) and to any transaction in connection with. The United States shall indemnify the Corporation, its B o a r d of Directors, and its individual directors against all costs and expenses (including fees of accountants, experts, and attorneys) actually and reasonably incurred in defending any litigation testing the legal validity of any security, obligation, agreement, or transaction, given, issued, or entered into pursuant to such subsection (e).". DISCONTINUANCE AND ABANDONMENT PROCEDURES

SEC. 218. (a) Section l a (l) of the Interstate Commerce Act (49 TT.S C l a (l)) i'^ -Imended by adding; a t the end thereof the following new sentence: " The authority granted to the Commission under this section shall not apply to (a) abandonment or discontinuance with respect to spur, industrial, team, switching, or side tracks if such tracks are located entirely within one State, or (b) any street, suburban, or interurban electric railway which is not operated as part of a general system of rail transportation.". (b) Section l a (4) of the Interstate Commerce Act (49 U.S.C. l a (4)) is amended— (1) by a d d i n g immediately before the last sentence thereof the following new sentence " I f such certificate is issued without an investigation pursuant to paragraph (3) of this section, actual abandonment or discontinuance may take effect, in accordance with such certificate, 30 days after the date of issuance thereof."; and (2) in the last sentence thereof, by inserting immediately after "issued" the following: "after an investigation pursuant to such paragraph (3)".

�


text:
Page:United States Statutes at Large Volume 90 Part 2.djvu/1161

 PUBLIC LAW 94-555—OCT. 19, 1976

90 STAT. 2629

PRESERVATION OF HISTORICAL RAIL FACILITIES

SEC. 219. (a) Section 4(i)(9) of the Department of Transportation Act (49 U.S.C. 1653) is amended by— (1) Striking out "$5,000,000" in clauses (ii) and (iii) of subparagraph (A) thereof and inserting in lieu thereof "2,500,000"; (2) striking out subparagraph (B) thereof and redesignating subparagraph (C) thereof as subparagraph (B) thereof. (b) Section 11(a)(1) of the National Foundation on the Arts Appropriation and the Humanities Act of 1965 (20 U.S.C. 960(a)(1)) is amended authorization, by adding after subparagraph (B) thereof the following new subparagraph: "(C) There are authorized to be appropriated to the National Endowment for the Arts for the fiscal year ending September 30, 1977, not to exceed— "(i) $2,500,000 for planning pursuant to paragraph (1)(D) of section 4(i) of the Department of Transportation Act (49 U.S.C. 1652(i)), ^ 49 USC 1653. "(ii) $2,500,000 for interim maintenance pursuant to paragraph (1)(B) of such section 4(i); and "(iii) $250,000 for administrative expenses. Sums appropriated for the purposes of this subparagraph shall remain available until expended.". TECHNICAL AMENDMENTS

SEC. 220. (a) Section 211(h)(6)(A)(i) of the Regional Rail Reorganization Act (45 U.S.C. 721(h)(6)(A)(i)) is amended by striking out "paragraph (1)(E) " and inserting in lieu thereof "paragraph. (l).(B)(v)". (b) Section 303(c) of the Regional Rail Reorganization Act of 197^^(45 U.S.C. 743(c)) is amended— certificates of value of the Corporation" and inserting in lieu thereof "securities and certificates of value"; (2) in paragraph (2)(A) thereof, by striking out "it has" and inserting in lieu thereof "they have"; (3) in paragraph (2)(B) thereof, by striking out "Corporation's securities, certificates of value" and inserting in lieu thereof "securities and certificates of value"; (4) in paragraph (2)(B) thereof, by striking out "other securities, certificates of value" and inserting in lieu thereof "other securities"; and (5) in the fourth sentence of paragraph (3) thereof, by striking out "section 303(a)(2)" and inserting in lieu thereof "subsection (a)(2) of this section". (c) Section 308(d)(2) of the Railroad Revitalization and Regulatory Reform Act of 1976 (15 U.S.C. 80a-3 note) is amended by Ante, p. 56. striking out "subsection (c)" and inserting in lieu thereof "subsection (d) Section 504(a)(2) of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 824(a)) is amended by insert- Ante, p. 70. ing "and equipment" immediately after "railroad's facilities". (e) The first sentence of section 511(a) of the Rail Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 831(a)) is amended by inserting immediately before the period at the end thereof the following: ", or to develop or establish new railroad facilities".
 * (1) in paragraph (2)(A) thereof, by striking out "securities,

�


text:
Page:United States Statutes at Large Volume 90 Part 2.djvu/1162

 90 STAT. 2630 Ante, i>. 76.

PUBLIC LAW 94^555—OCT. 19, 1976 (f) Section 511(h) of the Rail Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 8 3 1 (h)) is amended by striking out "PREQUISITES FOR GUARANTEES." and inserting in lieu thereof "PREREQUISITES FOR GUARANTEES.".

49 USC la note,

49 USC 1654 note.

49 USC 5c.

49 USC 26c.

(g) Section 8 0 9 (a)(1) of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. l a note) is amended by striking out "abandoned" and inserting "abandoned since 1970'' immediately^ after "railroad right-of-way". (h) Section 901(8) of the Railroad Revitalization and Regulatory Reform Act of 1976 (49 U.S.C. 1654(8)) is ain^nded to read as follows: " (8) a survey and analysis of the railroad industry in the United States to determine its financial condition and the physical condition of its facilities, rolling stock, and equipment.", (i) The second sentence of section 5(16) of the Interstate Commerce Act (49 U.S.C. 5 ( 1 6)) is amended by striking out " paragraph (16)" and inserting in lieu thereof " paragraph ( 1 7) '. (j) The first sentence of section 17(9)(e) of the Interstate Commerce Act (49 U.S.C. 17(9)(e)) is amended by striking out "section" and inserting in lieu thereof " paragraph ". (k) Section 5b(5)(a) (iii) of the Interstate Commerce Act (49 U.S.C. 5b(5)(a) ( i i i)) is amended by striking out "section 1 5 (7) " and inserting in lieu thereof "section 1 5 (8) ". (1) Section 13(5) of the Interstate Commerce Act (49 U.S.C. 13 (5)) is amended by adding at the end thereof the following: "Nothing in this paragraph shall affect the authority of the Commission to institue an investigation or to act in such investigation as provided in paragraph s (3) and (4) of this section.". (m) The final sentence of section 15(19) of the Interstate Commerce Act (49 U.S.C. 15(19)) is amended by striking out "section 2" and inserting in lieu thereof "section 1, 2". (n) Section 22(2) of the Interstate Commerce Act (49 U.S.C. 22 (2)) is amended— (1) by inserting immediately after " under section 5a" the following: " o r section 5 b "; and (2) by striking out "said section 5a" and inserting in lieu thereof "such section 5a or paragraph (8) of such section 5b". (o) Part I of the Interstate Commerce Act (49 U.S.C. 1 et seq.) is amended by inserting immediately before section 28 the following center heading: "DISCRIMINATORY STATE TAXATION".

TITLE III—GENERAL PROVISIONS ENVIRONMENTAL STUDY

Report to Congress. ^^•^^^ ^ ^ note.

SEC. 301. The Secretary of Health, Education, and Welfare, in consultation with the Interstate Conunerce Commission and the Secretary of Transportation, shall submit a report to the Congress within 18 months after the enactment of this Act concerning (1) the risk of outbreaks of disease or illnesses and any other adverse environmental effects resulting from the discharge of waste from railroad conveyances operated in intercity rail passenger service, in rail commuter service, and in rail freight service, and (2) the financial and operating hardships on railroads or public authorities which would

�


text:
Page:United States Statutes at Large Volume 90 Part 2.djvu/1163

 PUBLIC LAW 94-555—OCT. 19, 1976

90 STAT. 2631

result from a prohibition of waste disposal. Such report shall con- Recommendatain such recommendations as the Secretary of Health, Education, tions. and Welfare, the Interstate Commerce Commission, or the Secretary of Transportation considers appropriate to balance possible dangers of disease or illness and environmental considerations with operating or financial considerations relevant to the railroad industry, including any distinction considered appropriate between new railroad rolling stock and existing railroad rolling stock, and shall consider any regulations pertaining to waste disposal from railroad conveyances operated in other Nations. DELMARVA RAIL STUDY

SEC. 302. The Interstate Commerce Commission shall, within 6 months after the date of enactment of this Act, submit a report to the Congress with respect to the problems of, and need for, rail transportation services on the Delaware-Maryland-Virginia peninsula. Such report shall include— (1) an analysis of why the acquisitions proposed under the final system plan with respect to rail properties on such peninsula were not consummated; and (2) recommendations with respect to the continuation or extension of viable rail transportation service on such peninsula.

Report to Congress. ^°^^'

EFFECTIVE DATE

SEC. 303. The provisions of this Act and the amendments made by 45 USC 543 note, this Act shall take effect on October 1, 1976. Approved October 19, 1976.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-1168 accompanying H.R. 13601 and No. 94-1479 accompanying H.R. 14932 (both from Comm. on Interstate and Foreign Commerce) and No. 94-1743 (Comm. of Conference). SENATE REPORT No. 94-851 (Comm. on Commerce). CONGRESSIONAL RECORD, Vol. 122 (1976): June 9, 11, H.R. 13601 considered and passed House. Sept. 1, considered and passed Senate, in lieu of H.R. 13601. Sept. 27, considered and passed House, amended, in lieu of H.R. 14932. Sept. 30, Senate agreed to conference report. Oct. 1, House agreed to conference report.

�


text:
Page:United States Statutes at Large Volume 90 Part 2.djvu/1164

 90 STAT. 2632

PUBLIC LAW 94-556—OCT. 19, 1976

Public Law 94- •556 94th Congress An Act Oct. 19, 1976 [S. 64] Lincoln National Memorial. Recognition of Alaska and Hawaii. 16 USC 431 note.

Appropriation authorization.

To provide for the recognition of the States of Alaska and Hawaii at the Lincoln National Memorial, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, for the purpose of providing appropriate commemoration at the Lincoln National Memorial of the addition of the States of Alaska and Hawaii to the Union, the Secretary of the Interior is authorized and directed to study the feasibility of and make recommendations for the recognition at an appropriate place at such memorial of the addition to the Union of the States of Alaska and Hawaii. Such recommendations shall after review and approval by the Commission of Fine Arts, the National Capital Planning Commission, and the Advisory Council on Historic Preservation be submitted to the Committees on Interior and Insular Affairs of the Senate and the House of Representatives of the United States. If, at the end of sixty days (not counting days on which the Senate or the House of Representatives has adjourned for more than three consecutive days) following receipt of such recommendations, neither committee has adopted a resolution of disapproval, the Secretary is authorized and directed to carry out said recommendations. SEC. 2. There are authorized to be appropriated such sums as may be necessary to carry out the purposes of this Act, but not to exceed $20,000. No funds authorized to be appropriated pursuant to this Act shall be available prior to October 1, 1977. Approved October 19, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1684 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 94-734 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD, Vol. 122 (1976): Apr. 6, considered and passed Senate. Sept. 27, considered and passed House, amended. Oct. 1, Senate concurred in House amendment.

�


text:
Page:United States Statutes at Large Volume 90 Part 2.djvu/1165

 PUBLIC LAW 94-557—OCT. 19, 1976

90 STAT. 2633

Public Law 94-557 94th Congress An Act To designate certain lands as wilderness.

Oct. 19, 1976 [S. 1026]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Wilderness areas. DESIGNATION OF WILDERNESS AREAS W I T H I N THE NATIONAL WILDLIFE REFUGE SYSTEM

1. In accordance with subsection 3(c) of the Wilderness Act (78 Stat. 892), the following lands are hereby designated as wilderness 16 USC 1132 and, therefore, as components of the National Wildnerness Preserva- "o^^tion System: (a) certain lands in the Simeonof National Wildlife Refuge, Alaska, which comprise approximately twenty-five thousand one hundred and forty-one acres, which are depicted on a map entitled "Simeonof Wilderness Proposal", dated January 1971, and which shall be known as the Simeonof Wilderness; (b) certain lands in the Big Lake National Wildlife Refuge, Arkansas, which comprise approximately two thousand six hundred acres, which are depicted on a map entitled "Big Lake Wilderness Proposal", dated June 1976, and which shall be known as the Big Lake Wilderness; (c) certain lands in the Chassahowitzka National AVildlife Refuge, Florida, which comprise approximately twenty-three thousand three hundred and sixty acres, which are depicted on a map entitled "Chassahowitzka Wilderness Proposal", dated March 1975, and which shall be known as the Chassahowitzka Wilderness; (d) certain lands in the J. N. "Ding" Darling-National Wildlife Refuge, Florida, which comprise approximately two thousand eight hundred and twenty-five acres, which are depicted on a map entitled "J. N. 'Ding' Darling Wilderness Proposal", dated March 1975, and which shall be known as the J. N. "Ding" Darling Wilderness; (e) certain lands in the Lake Woodruff National Wildlife Refuge, Florida, which comprise approximately one thousand one hundred and forty-six acres, which are depicted on a map entitled "Lake Woodruff Wilderness Proposal", dated June 1976, and which shall be known as the Lake Woodruff Wilderness; (f) certain lands in the Crab Orchard National Wildlife Refuge, Illinois, which comprise approximately four thousand and fifty acres, which are depicted on a map entitled "Crab Orchard Wilderness Proposal", dated January 1973, and which shall be known as the Crab Orchard Wilderness; (g) certain lands in the Lacassine National Wildlife Refuge, Louisiana, which comprise approximately three thousand three hundred acres, which are depicted on a map entitled "Lacassine Wilderness Proposal", dated June 1976, and which shall be known as the Lacassine Wilderness; (h) certain lands in the Agassiz National Wildlife Refuge, Minnesota, which comprise approximately four thousand acres, SECTION

�


text:
Page:United States Statutes at Large Volume 90 Part 2.djvu/1166

 00 STAT. 2634

PUBLIC LAW 94-557—OCT. 19, 1976 which are depicted on a map entitled "Agassiz Wilderness Proposal", dated November 1973, and which shall be known as the Agassiz Wilderness; (i) certain lands in the Tamarac National Wildlife Refuge, Minnesota, which comprise approximately two thousand one hundred and thirty-eight acres, which are depicted on a map entitled "Tamarac Wilderness Proposal", dated January 1973, and which shall be known as the Tamarac Wilderness; (j) certain lands in the Mingo National Wildlife Refuge, Missouri, which comprise approximately eight thousand acres, which are depicted on a map entitled "Mingo Wilderness Proposal", dated March 1975, and which shall be known as the Mingo Wilderness; (k) certain lands in the Red Rock Lakes National Wildlife Refuge, Montana, which comprise approximately thirty-two thousand three hundred and fifty acres, which are depicted on a map entitled "Red Rock Lakes Wilderness Proposal", dated January 1974, and which shall be known as the Red Rock Lakes Wilderness; (1) certain lands in the Medicine Lake National Wildlife Refuge, Montana, which comprise approximately" eleven thousand three hundred and sixty-six acres, which are depicted on a map entitled "Medicine Lake Wilderness Proposal", dated November 1973, and which shall be known as the Medicine Lake Wilderness; (m) certain lands in the U L Bend National Wildlife Refuge, Montana, which comprise approximately twenty thousand eight hundred and ninety acres, which are depicted on a map entitled "UL Bend Wilderness Proposal", dated June 1976, and which shall be known as the UL Bend Wilderness; (n) certain lands in the Fort Niobrara National Wildlife Refuge, Nebraska, which comprise approximately four thousand six hundred and thirty-five acres, which are depicted on a map entitled "Fort Niobrara Wilderness Proposal", dated November 1973, and which shall be known as the Fort Niobrara Wilderness; (o) certain lands in the Swanquarter National Wildlife Refuge, North Carolina, which comprise approximately nine thousand acres, which are depicted on a map entitled "Swanquarter Wilderness Proposal", dated December 1973, and which shall be known as the Swanquarter Wilderness; (p) certain lands in the San Juan Islands National Wildlife Refuge, Washington, which comprise approximately three hundred and fifty-five acres, which are depicted on a map entitled "San Juan Islands Wilderness Proposal", dated August 1971 (revised July 1976), and which shall be known as the San Juan Wilderness. DESIGNATION OF WILDERNESS AREAS W I T H I N THE NATIONAL FOREST SYSTEM

16 USC 1132 note.

SEC. 2. (a) In accordance with the subsection 3(b) of the Wilderness Act (78 Stat. 891), the area in the Shoshone National Forest in Wyoming classified as the Glacier Primitive Area, with the proposed additions thereto and deletions therefrom, comprising an area of approximately one hundred and ninety-seven thousand six hundred

�


text:
Page:United States Statutes at Large Volume 90 Part 2.djvu/1167

 PUBLIC JAW 94-557—OCT. 19, 1976

90 STAT. 2635

acres as generally depicted on a map entitled "Glacier Wilderness Proposed", dated March 1975 (revised August 1976), is hereby designated as the "Fitzpatrick Wilderness" and, therefore, as a component of the National Wilderness Preservation System. (b) In furtherance of the purposes of the Wilderness Act (78 Stat. 890), the following lands are hereby designated as wilderness 16 USC 1131 and, therefore, as components of the National Wilderness Preserva- note, tion System: (1) certain lands in the Sierra National Forest in California, which comprise about twenty-two thousand five hundred acres, as generally depicted on a map entitled "Kaiser Wilderness-Proposed", dated August 1976, and shall be known as Kaiser Wilderness; (2) certain lands in the Mark Twain National Forest in Missouri, which comprise about twelve thousand three hundred and fifteen acres, as generally depicted on a map entitled "HerculesGlades Wilderness, Proposed", dated March 1976, and shall be known as the Hercules-Glades Wilderness; DESIGNATION OF WILDERNESS STUDY AREAS WITHIN THE NATIONAL. FOREST SYSTEM

SEC. 3. (a) In furtherance of the purposes of the Wilderness Act (78 Stat. 890) and in accordance with the provisions of subsection 3(d) of that Act (78 Stat. 892, 893), relating to public notice, public hearings, and review by State and other agencies, the Secretary of Agriculture shall review, as to its suitability or nonsuitability for preservation as wilderness, each wilderness study area designated by or pursuant to subsection (b) of this section and report his findings to the President. The President shall advise the United States Senate and the House of Representatives of his recommendations with respect to the designation as wilderness of each such area on which the review has been completed, together with a map thereof and a definition of its boundaries. (b) Wilderness study areas to be reviewed pursuant to this section include— (1) certain lands in the Angeles and San Bernardino National Forests in California, which comprise approximately fifty-two thousand acres, and which are generally depicted on a map entitled "Sheep Mountain Wilderness, Proposed", and dated February 1974. The Secretary shall complete his review and report his findings to the President and the President shall submit to the United States Senate and the House of Representatives his recommendations with respect to the designation of the Sheep Mountain Wilderness Study Area as wilderness not later than two years after the date of enactment of this Act; (2) certain lands in the Mendocino National Forest in California, which comprise approximately thirty-seven thousand acres, and which are generally depicted on a map entitled "Snow Mountain Wilderness Proposed", and dated June 1971. The Secretary shall complete his review and report his findings to the President and the President shall submit to the United States Senate and the House of Representatives his recommendations with respect to the designation of the Snow Mountain Wilderness Study Area as wilderness not later than two years after the date of enactment of this Act;

16 USC 1132 note.

Report to President, submittal
 * ° t-ongress.

�


text:
Page:United States Statutes at Large Volume 90 Part 2.djvu/1168

 90 STAT. 2636

Report to President, sulunittal to Congress.

Report to President, submittal to Congress.

Report to President, submittal to Congress.

Report to President, submittal to Congress.

Report to President, submittal to Congress.

PUBLIC LAW 94-557—OCT. 19, 1976 (3) certain lands in the Mark Twain National Forest in Missouri, which comprise approximately eight thousand five hundred and thirty acres, and which are generally depicted on a map entitled "Bell Mountain Wilderness Study Area", and dated March 1976. The Secretary shall complete his review and report his findings to the President and the President shall submit to the United States Senate and the House of Representatives his recommendations with respect to the designation of the Bell Mountain Wilderness Study Area as wilderness not later than five years after the date of enactment of this Act; (4) certain lands in the Mark Twain National Forest in Missouri, which comprise approximately six thousand eight hundred and eighty-eight acres, and which are generally depicted on a map entitled "Paddy Creek Wilderness Study Area", and dated March 1976. The Secretary shall complete his review and report his findings to the President and the President shall submit to the United States Senate and the House of Representatives his recommendation with respect to the designation of the Paddy Creek Wilderness Study Area as wilderness not later than five years after the date of enactment of this Act; (5) certain lands in the Mark Twain National Forest in Missouri, which comprise approximately eight thousand four hundred and thirty acres, and which are generally depicted on a map entitled "Piney Creek Wilderness Study Area", and dated March 1976. The Secretary shall complete his review and report his findings to the President and the President shall submit to the United States Senate and the House of Representatives his recommendation with respect to the designation of the Piney Creek Wilderness Study Area as wilderness not later than five years after the date of enactment of this Act; (6) certain lands in the Mark Twain National Forest in Missouri, which comprise approximately four thousand one hundred and seventy acres, and which are generally depicted on a map entitled "Rockpile Mountain Wilderness Study Area", and dated March 1976. The Secretary shall complete his review and report his findings to the President and the President shall submit to the United States Senate and the House of Representatives his recommendation with respect to the designation of the Rockpile Mountain Wilderness Study Area as wilderness not later than five years after the date of enactment of this Act; (7) certain lands in the Flathead and Lewis and Clark National Forests in Montana, which comprise approximately three hundred ninety-three thousand acres, and which are generally depicted on a map entitled "Great Bear WildernessProposed", and dated November 1975 (revised August 1976). The Secretary shall complete his review and report his findings to the President and the President shall submit to the United States Senate and the House of Representatives his recommendation with respect to the designation of the Great Bear Wilderness Study Area as wilderness not later than nineteen months after the date of enactment of this Act; and in conducting his review, the Secretary of Agriculture, in consultation-with the Secretary of the Interior, shall identify any potential utility corridors within or

�


text:
Page:United States Statutes at Large Volume 90 Part 2.djvu/1169

 PUBLIC LAW 94-557—OCT. 19, 1976

90 STAT. 2637

contiguous to the study area, review any adverse effects such corridors may have on the wilderness character of such area, determine whether any such corridor is necessary, and, if a determination of necessity is made, select a route and design which will minimize such effects. Nothing in this section shall be construed as prohibiting the siting of any such corridor within the boundaries of any area recommended by the President for wilderness preservation pursuant to this Act or designated as wilderness by the Congress and; (8) certain lands in the Deer Lodge and Helena National Forests, in Montana, which comprise approximately seventy-seven thousand three hundred and forty-six acres and which are generally depicted on a map entitled "Elkhorn Wilderness Study Area" and dated April 1976. The Secretary shall complete his review and Report to report his findings to the President and the President shall submit President, to the United States Senate and the House of Representatives his submittal recommendation with respect to the designation of the Elkhorn to Congress. Wilderness Study area as wilderness not later than two years after the date of enactment of this Act. (c) Nothing herein contained shall limit the President in proposing, as part of his recommendations to Congress, the alteration of existing boundaries of any wilderness study area or recommending the addition to any such area of any contiguous area predominately of wilderness value. Any recommendation of the President to the effect that such area or portion thereof should be designated as "wilderness" shall become effective only if so provided by an Act of Congress. (d) Subject to existing private rights, the wilderness study areas Administration, designated by this Act shall, until Congress determines otherwise, be administered by the Secretary of Agriculture so as to maintain their presently existing wilderness character and potential for inclusion in the National Wilderness Preservation System, except that such management requirement shall not extend beyond a period of four years from the date of submission to the Congress of the President's recommendation concerning the particular study area. Already established uses may be permitted to continue, subject to such restrictions as the Secretary of Agriculture deems desirable, in the manner and degree in which the same was being conducted on the date of enactment of this Act. ADMINISTRATIVE PROVISIONS

SEC. 4. Except as otherwise provided in this Act, all primitive area classifications of areas herein designated as wilderness are hereby abolished. SEC. 5. As soon as practicable after this Act takes effect, a map of each wilderness study area and a map and a legal description of each wilderness area shall be filed with the Committees on Interior and Insular Affairs of the United States Senate and House of Representatives, and each such map and description shall have the same force and effect as if included in this Act: Provided, however, That correction of clerical and typographical errors in each such legal description and map may be made. Each such map and legal description shall be on file and available for public inspection in the Office of the Chief, Forest Service, Department of Agriculture.

89-104 n _ 7 « _ n « o

Map and description, filing with congressional committees.

�


text:
Page:United States Statutes at Large Volume 90 Part 2.djvu/1170

 90 STAT. 2638 16 USC 1131 "***•

PUBLIC LAW 94-557—OCT. 19, 1976 SEC. 6. Wilderness areas designated by this Act shall be administered in accordajice with the applicable provisions of the Wilderness Act governing areas designated by that Act as wilderness areas, except that any reference in such provisions to the effective date of the Wilderness Act shall be deemed to be a reference to the effective date of this Act, and any reference to the Secretary of Agriculture shall be deemed to be a reference to the Secretary who has administrative jurisdiction over the area. Approved October 19, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1562 accompanying H.R. 15446 (Comm. on Interior and Insular Affairs). SENATE REPORTS: No. 94-1032 and No. 94-1032 Pt. 2 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD, Vol. 122 (1976): July 21, considered and passed Senate. Sept. 27, considered and passed House, amended, in lieu of H.R. 15446. Sept. 30, Senate agreed to House amendment

�


text:
Page:United States Statutes at Large Volume 90 Part 2.djvu/1171

 PUBLIC LAW 94-558--OCT. 19, 1976

90 STAT. 2639

Public Law 94-558 94th Congress An Act To amend the Federal Water Pollution Control Act, as amended.

Oct. 19, 1976 [S. 3894]

Be it enacted by the Senate and House of Representatweg of the United States of America in Congress assembled, That Title II of the Federal Water Pollution Control Act, as amended, is amended by adding the following new section:

Federal Water Pollution Control Act, amendment.

"LOAN GUARANTEES FOR CONSTRUCTION OF TREATMENT WORKS

"SEC. 213. (a) Subject to the conditions of this section and to such 33 USC 1293. terms and conditions as the Administrator determines to be necessary to carry out the purposes of this title, the Administrator is authorized to guarantee, and to make commitments to guarantee, the principal and interest (including interest accruing between the date of default and the date of the payment in full of the guarantee^ of any loan, obligation, or participation therein of any State, municipality, or intermunicipal or interstate agency issued directly and exclusively to the Federal Financing Bank to finance that part of the cost of any granteligible project for the construction of publicly owned treatment works not paid for with Federal financial assistance under this title (other than this section), which project the Administrator has determined to be eligible for such financial assistance under this title, including, but not limited to, projects eligible for reimbursement under section 33 USC 1286. 206 of this title. "(b) No guarantee, or commitment to make a guarantee, may be made pursuant to this section— "(1) unless the Administrator certifies that the issuing body is unable to obtain on reasonable terms sufficient credit to finance its actual needs without such guarantee; and " (2) unless the Administrator determines that there is a reasonable assurance of repayment of the loan, obligation, or participation therein. A determination of whether financing is available at reasonable rates shall be made by the Secretary of the Treasury with relationship to the current average yield on outstanding marketable obligations of municipalities of comparable maturity. "(c) The Administrator is authorized to charge reasonable fees Fees. for the investigation of an application for a guarantee and for the issuance of a commitment to make a guarantee.

�


text:
Page:United States Statutes at Large Volume 90 Part 2.djvu/1172

 90 STAT. 2640

33 USC 1284. 33 USC 1286.

PUBLIC LAW 94-558—OCT. 19, 1976 "(d) The Administrator, in determining whether there is a reasonable assurance of repayment, may require a commitment which would apply to such repayment. Such commitment may include, but not be limited to, (1) all or any portion of the funds retained by such grantee under section 204(b)(3) of this Act, and (2) any funds received by such grantee from the amounts appropriated under section 206 of this Act.". Approved October 19, 1976.

LEGISLATIVE HISTORY: CONGRESSIONAL RECORD, Vol. 122 (1976): Oct. 1, considered and passed Senate and House. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 12, No. 43: Oct. 20, Presidential statement.

�


text:
Page:United States Statutes at Large Volume 90 Part 2.djvu/1173

 PUBLIC LAW 94-559—OCT. 19, 1976

90 STAT. 2641

Public Law 94-559 94th Congress An Act The Civil Rights Attorney's Fees Awards Aot of 1976.

Oct. 19, 1976 [S. 2278]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as "The Civil Rights Attorney's Fees Awards Act of 1976". SEC. 2. That the Revised Statutes section 722 (42 U.S.C. 1988) is amended by adding the following: "In any action or proceeding to enforce a provision of sections 1977, 1978, 1979, 1980, and 1981 of the Revised Statutes, title IX of Public Law 92-318, or in any civil action or proceeding, by or on behalf of the United States of America, to enforce, or charging a violation of, a provision of the United States Internal Revenue Code, or title VI of the Civil Rights Act of 1964, the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee as part of the costs.".

The Civil Rights Attorney's Fees Awards Act of 1976. 42 USC 1981 note. 42 USC 1981 1983, 1985, 1986. 20 USC 1681. 26 USC 1 et seq. 42 USC 2000d.

Approved October 19, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1558 accompanying H.R. 15460 (Comm. on the Judiciary). SENATE REPORT No. 94-1011 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 122 (1976): Sept. 21-24, 27-29, considered and passed Senate. Oct. 1, considered and passed House.

�


text:
Page:United States Statutes at Large Volume 90 Part 2.djvu/1174

 90 STAT. 2642

PUBLIC LAW 94-560—OCT. 19, 1976

Public Law 94-560 94th Congress An Act Oct. 19, 1976 [H.R. 12033]

Manganese ore. duty suspension, 19 USC 1202 app. note.

rpQ continue until the close of June 30, 1979, the existing suspension of duties on manganese ore (including ferruginous ore) and related products.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) item 911.07 of the Tariff Schedules of the United States (19 U.S.C. 1202) is amended by striking out "6/30/76" and inserting in lieu thereof "June 30, 1979". (b) The amendment made by subsection (a) shall apply with respect to articles entered, or withdrawn from warehouse, for consumption after June 30, 1976. Approved October 19, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1067 (Coram, on Ways and Means). SENATE REPORT No. 94-994 (Coram, on Finance). CONGRESSIONAL RECORD, Vol. 122 (1976): May 17, considered and passed House. July 1, considered and passed Senate, araended. Sept. 29, House disagreed to Senate amendraent. Oct. 1, Senate receded from its araendraent.

�


text:
Page:United States Statutes at Large Volume 90 Part 2.djvu/1175

 PUBLIC LAW 94-561—OCT. 19. 1976

90 STAT. 2643

Public Law 94-561 94th Congress An Act To upgrade the position of Under Secretary of Agriculture to Deputy Secretary of Agriculture; to provide for an additional Assistant Secretary of Agriculture; to increase the compensation of certain oflScials of the Department of Agriculture; to provide for an additional member of the Board of Directors, Commodity Credit Corporation; and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) section 5313 of title 5 of the United States Code is amended by adding at the end thereof the following new paragraph: " (23) Deputy Secretary of Agriculture.". (b) Section 5314 of such title 5 is amended by striking out paragraph (3). (c) The Acts listed in paragraphs (1) and (2) of this subsection are amended by striking out the words "Under Secretary of Agriculture" wherever they appear and by inserting in lieu thereof the words "Deputy Secretary of Agriculture": (1) The Act of March 26, 1934 (48 Stat. 467; 7 U.S.C. 2210). (2) The Act of June 5, 1939 (53 Stat. 809; 7 U.S.C. 2211). (d) The officer occupying the position of Under Secretary of Agriculture, on the date of enactment of this Act, may assume the duties of the Deputy Secretary of Agriculture. The individual assuming such duties shall not be required to be reappointed by reason of the enactment of this Act. SEC. 2. There shall be hereafter in the Department of Agriculture, in addition to the Assistant Secretaries now provided for by law, one additional Assistant Secretary of Agriculture who shall be appointed by the President, by and with the advice and consent of the Senate, shall be responsible for such duties as the Secretary of Agriculture shall prescribe, and shall receive compensation at the rate now or hereafter prescribed by law for Assistant Secretaries of Agriculture. SEC. 3. (a) Section 5315 of title 5 of the United States Code is amended by striking out " (4) " at the end of paragraph (11) and by inserting in lieu thereof " (5)". (b) Section 5316 of title 5 of the United States Code is amended— (1) by striking out paragraph (55); and (2) by adding at the end thereof a new paragraph (137) as follows: "(137) Administrator, Animal and Plant Health Inspection Service, Department of Agriculture.". SEC. 4. Section 9(a) of the Commodity Credit Corporation Charter Act, as amended (62 Stat. 1072, as amended, 15 U.S.C. 7l4g(a)), is amended by striking out the third sentence and inserting in lieu thereof: "The Board shall consist of seven members (in addition to the Secretary), who shall be appointed by the President by and with the advice and consent of the Senate.". SEC. 5. (a) Except as otherwise provided in this section, this Act shall take effect on its date of enactment.

Oct 19, 1976 [H.R. 10133]

Department of Agriculture. Executive adjustments.

7 USC 2210 note.

Additional Assistant Secretary of Agriculture. 7 USC 2212b.

eommodity eredit Corporation, Board of Directors, additional member. Effective dates. 5 USC 5313 note.

�


text:
Page:United States Statutes at Large Volume 90 Part 2.djvu/1176

 90 STAT. 2644

Ante, p. 314. 7 USC 2042.

PUBLIC LAW 94-561—OCT. 19, 1976 (b) Subsection (b)(1) of section 3 of this Act shall take effect upon appointment of a Presidential appointee to fill the successor position created by section 2 of this Act. SEC. 6. Section 3(b) of the Farm Labor Contractor Kegistration Act of 1963, as amended (78 Stat. 920, as amended; 7 U.S.C. 2042), is amended(a) by striking out the period at the end of paragraph (8) and inserting in lieu thereof a semicolon and the word "or"; and (b) by adding at the end thereof a new paragraph (9) as follows: "(9) any custom poultry harvesting, breeding, debeaking, sexing, or health service operation, provided the employees of the operation are not regularly required to be away from their domicile other than during their normal working hours.". Approved October 19, 1976.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-1156 and No. 94-1156 Pt. 2 (Comm. on Agriculture). SENATE REPORT No. 94-1377 (Comm. on Agriculture and Forestry). CONGRESSIONAL RECORD, Vol. 122 (1976): July 26, considered and passed House. Sept. 30, considered and passed Senate, amended. Oct. 1, House agreed to Senate amendments.

�


text:
Page:United States Statutes at Large Volume 90 Part 2.djvu/1177

 PUBLIC LAW 94-562—OCT. 19, 1976

90 STAT. 2645

Public Law 94-562 94th Congress An Act To amend the Public Health Service Act to revise and extend provisions respecting arthritis, diabetes, and digestive diseases.

Oct. 19. 1976 [S. 2910]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) this Act may be cited as the "Arthritis. Diabetes, and Digestive Disease Amendments of 1976". (b) Whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Public Health Service Act.

Arthritis, Diabetes, and Digestive Disease Amendments of 1976. 42 USC 201 note. 42 USC 201 note.

TITLE I—ARTHEITIS AND R E L A T E D MUSCULOSKELETAL DISEASES ARTHRITIS DEMONSTRATION PROJECTS AND DATA SYSTEM

SEC. 101. (a) Section 438(a) is amended— (1) by striking out "prevention,"; and (2) by striking out "data bank" and inserting in lieu thereof "data system". (b) Section 438(b) is amended— (1) by striking out "and" at the end of paragraph (3); (2) by striking out the period at the end of paragraph (4) and inserting in lieu thereof "; and"; and (3) by adding after paragraph (4) the following new paragraph: " (5) emphasize the development and demonstration of new and improved methods for the dissemination to the general public of information— "(A) on the importance of early detection of arthritis, of seeking prompt treatment, and of following an appropriate regimen; and (B) to discourage the promotion and use of unapproved and ineffective diagnostic, preventive, treatment, and control methods for arthritis and unapproved and ineffective drugs and devices for arthritis.". (c) Section 438(c)(1) is amended— (1) by striking out "Screening and Detection Data Bank" and inserting in lieu thereof "Data System"; and (2) by striking out "useful in screening, prevention, and early detection involving" and inserting in lieu thereof "derived from". (d) Section 438(d) is amended— (1) by inserting " (1) " after "(d)",-and (2) by inserting at the end thereof the following new paragraphs:

42 USC 289 c-5.

�


text:
Page:United States Statutes at Large Volume 90 Part 2.djvu/1178

 90 STAT. 2646 Appropriation authorization.

42 USC 289C-5.

PUBLIC LAW 94-562—OCT. 19, 1976 "(2) There are authorized to be appropriated to carry out subsections (a) and (b) $3,000,000 for the fiscal year ending September 30, 1978, $4,000,000 for the fiscal year ending September 30, 1979, and $5,000,000 for the fiscal year ending September 30, 1980. "(3) There are authorized to be appropriated to carry out subsection (c) $1,000,000 for the fiscal year ending September 30, 1978, $1,250,000 for the fiscal year ending September 30, 1979, and $1,500,000 for the fiscal year ending September 30, 1980.". (e) The heading to section 438 is amended to read as follows: "ARTHRITIS DEMONSTRATION PROJECTS AND DATA SYSTEM". MULTIPURPOSE ARTHRITIS CENTERS

42 USC 289C-6.

Limitation.

SEC. 102. Section 439 is amended— (1) by inserting ", and in research in arthritis" in subsection (b)(2)(B) before the semicolon at the end thereof; (2) by amending subsection (f^ to read as follows: "(f) Support of a center under this section may be for a period of not to exceed three years and may be extended by the Director of the National Institute of Arthritis, Metabolism, and Digestive Diseases for additional periods of not more than three years each, after review of the operations of such center by an appropriate scientific review group established by the Director of the National Institute of Arthritis, Metabolism, and Digestive Diseases."; (3) by inserting "the" before "fiscal year" each place it appears in subsection (g); (4) by striking out "and" in subsection (g) before "$20,000,000"; (5) by inserting "$18,700,000 for the fiscal year ending September 30, 1978, $19,000,000 for the fiscal year ending September 30, 1979, and $20,000,000 for the fiscal year ending September 30, 1980" before the period at the end of the first sentence of subsection (g); and (6) by amending the heading to read as follows: "MULTIPURPOSE ARTHRITIS CENTERS". NATIONAL A R T H R I T I S ADVISORY BOARD

SEC. 103. (a) Part D of title IV is amended by inserting after section 439 the following new section: "NATIONAL ARTHRITIS ADVISORY BOARD

Establishment. 42 USC 289C-7.

"SEC. 440. (a) The Secretary shall establish a National Arthritis Advisory Board (hereinafter in this section referred to as the 'Board') to be composed of twenty-four members as follows: "(1) Eight members shall be appointed by the Secretary from individuals who are scientists, physicians, or other health professionals, who are not employed by the Federal Govermnent, and who represent the various specialties and disciplines involved in arthritis. Of the members appointed pursuant to this paragraph, three shall be clinical rheumatologists, two shall be orthopedic surgeons, two shall be rheumatology investigators, and one shall be an allied health professional. "(2) Six members shall be appointed by the Secretary from individuals, who are not employed by the Federal Government,

�


text:
Page:United States Statutes at Large Volume 90 Part 2.djvu/1179

 PUBLIC LAW 94-562—OCT. 19, 1976 with an interest in arthritis and who as a group have knowledge and experience in the fields of medical education, nursing, community program development, health education, data systems, and public information. "(3) One member shall be appointed by the Secretary from individuals who are members of the National Arthritis, Metabo• lism, and Digestive Diseases Advisory Council and who are expert ^ in the field of arthritis. "(4) Four members shall be appointed by the Secretary from ..the general public. At least two of such members shall be persons " who have arthritis and one shall be the parent of a child who has arthritis. "(5) The Assistant Secretary of Health or his designee, the Director of the National Institutes of Health or his designee, the Associate Director for Arthritis of the National Institute of Arthritis, Metabolism, and Digestive Diseases or his designee, the Chief Medical Director of the Veterans' Administration or his designee, and the Secretary of Defense or his designee shall each be ex officio members. "(b) The members of the Board shall select a Chairperson from among the appointed members. "(c) The Secretary shall, after consultation with and consideration of the recommendations of the Board, provide the Board with an executive director and one other professional staff member. In addition, the Secretary shall, after consultation with and consideration of the recommendations of the Board, provide the Board with such additional professional staff members, such clerical staff members, and (through contracts or other arrangements) with such administrative support services and facilities, such information, and such services of consultants, as the Secretary determines are necessary for the Board to carry out its functions. "(d) Members of the Board who are officers or employees of the Federal Government shall serve as members of the Board without compensation in addition to that received in their regular public employment. Other members of the Board shall receive compensation at rates not to exceed the daily equivalent of the annual rate in effect for grade GS-18 of the General Schedule for each day (including traveltime) they are engaged in the performance of their duties as members of the Board. 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 intermittently in the Government service are allowed expenses under section 5703(b) of title 5 of the United States Code. "(e) The appointed members of the Board shall be appointed to serve until the expiration of the Board (as provided in subsection (1)). "(f) The Board shall— "(1) review and evaluate the implementation of the Arthritis Plan (formulated under section 3(g) of the National Arthritis Act of 1974); and " (2) for the purpose of assuring the most effective utilization and organization of arthritis resources, advise and make recommendations to Congress, the Secretary, and the heads of other appropriate Federal agencies with respect to the Arthritis Plan

90 STAT. 2647

Compensation.

5 USC 5332 note, Travel expenses,

Duties. 42 USC 289C-1 note.

�


text: Page:Outlines of European History.djvu/97


text:
Page:United States Statutes at Large Volume 90 Part 2.djvu/1180

 90 STAT. 264S

PUBLIC LAW 94-562—OCT. 19, 1976 and with respect to the guidelines, policies and procedures of Federal programs relating to arthritis. "(g) The Board may collect such data as it deems advisable and necessary to enable it to perform the functions required by subsection

Subcommittees.

Report to Secretary of HEW and Congress.

Appropriation authorization.

Expiration. Effective date. 42 USC 289c-7 note.

"(h) The Board may, from time to time, establish Subcommittees. Such Subcommittees may be composed of Board members and nonmember consultants with expertise in the particular area addressed by such Subcommittees. "(i) The full Board shall hold regular quarterly meetings. In addition, the full Board or any of its Subcommittees may hold such additional meetings as are necessary in order to enable the Board to carry out its activities. "(j) One year after the date of its establishment and each year thereafter the Board shall submit to the Secretary and to the Congress a report— " (1) which describes the Board's activities during the year for which the report is made; "(2) which describes and evaluates the progress made in such year in arthritis research, treatment, education, and training; " (3) which summarizes and analyzes expenditures made by the Federal Government for arthritis-related activities during the year for which the report is made: and "(4) which contains the Board's recommendations (if any) for changes in the Arthritis Plan. The annual arthritis report shall be made available to the public at the same time it is transmitted to Congress and the Secretary. "(k) There are authorized to be appropriated to carry out the purposes of this section $300,000 for the fiscal year ending September 30, 1978, $300,000 for the fiscal year ending September 30, 1979, and $300,000 for the fiscal year ending September 30, 1980. "(1) The Board shall expire on September 30, 1980.". (b) The Secretary of Health, Education, and Welfare shall establish the National Arthritis Advisory Board (established by the amendment made by subsection (a)) not later than ninety days after the date of enactment of this section. TITLE II—DIABETES NATIONAL DIABETES ADVISORY BOARD

SEC. 201. (a) Part D of title IV is amended by inserting after section 436 the following new section: "NATIONAL DIABETES ADVISORY BOARD Establishment. 42 USC 289c-3a.

"SEC. 436A. {&,) The Secretary shall establish a National Diabetes Advisory Board (hereinafter in this section referred to as the 'Board') to be composed of twenty-three members as follows: "(1) The following ex officio men/bers: The Assistant Secretary for Health or his designee, the Director of the National Institutes of Health or his designee, the Director of the National Institute of Arthritis, Metabolism and Digestive Disease or his designee, the Director of the National Heart, Lung, and Blood Institute or his designee, the Director of the National Eye Institute or his designee, the Director of the Center for Disease

�


text:
Page:United States Statutes at Large Volume 90 Part 2.djvu/1181

 PUBLIC LAW 94^562—OCT. 19, 1976 Control or his designee, the Administrator of the Health Services Administration or his designee, the Administrator of the Health Resources Administration or his designee, the Associate Director for Diabetes of the National Institute of Arthritis, Metabolism, and Digestive Diseases or his designee, the Chief Medical Director of the Veterans' Administration or his designee, and the Secretary of Defense or his designee. "(2) Seven members shall be appointed by the Secretary from individuals who are not in the employ of the Federal Government and who are health and allied health professionals or scientists representing the various specialties and disciplines involved with diabetes mellitus and related endocrine and metabolic diseases. "(3) Five members shall be appointed by the Secretary from the general public, including at least one person with diabetes and two persons each of whom is a parent of a diabetic child. "(b) The members of the Board shall select a Chairperson from among the appointed members. "(c) The Secretary shall, after consultation with and consideration of the recommendations of the Board, provide the Board with an executive director and one other professional staff member. In addition, the Secretary shall, after consultation with and consideration of the recommendations of the Board, provide the Board with such additional professional staff members, such clerical staff members, and (through contracts or other arrangements) with such administrative support services and facilities, such information, and such services of consultants, as the Secretary determines are necessary for the Board to carry out its functions. "(d) Members of the Board who are officers or employees of the Federal Government shall serve as members of the Board without compensation in addition to that received in their regular public employment. Other members of the Board shall receive compensation at rates not to exceed the daily equivalent of the annual rate in effect for grade GS-18 of the General Schedule for each day (including traveltime) they are engaged in the performance of their duties as members of the Board, 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 intermittently in the Government service are allowed expenses under section 5703(b) of title 5 of the United States Code. "(e) The appointed members of the Board shall be appointed to serve until the expiration of the Board (as provided in subsection (1)). "(f) The Board shall— "(1) review and evaluate the implementation of the long range plan to combat diabetes mellitus (hereinafter in this section referred to as the "Diabetes Plan") formulated by the National Commission on Diabetes under section 3(e) of the National Diabetes Mellitus Research and Education Act, and "(2) for the purpose of assuring the most effective utilization and organization of diabetes resources, advise and make recommendations to Congress, the Secretary, and the heads of other appropriate Federal agencies with respect to the Diabetes Plan and with respect to the guidelines, policies and procedures of Federal programs relating to diabetes.

90 STAT. 2649

Compensation.

5 USC 5332 note, Travel expenses.

Duties.

42 USC 289c-2 note.

�


text:
Page:United States Statutes at Large Volume 90 Part 2.djvu/1182

 90 STAT. 2650

PUBLIC LAW 94-562—OCT. 19, 1976 "(g) The Board may collect such data as it deems advisable and necessary to enable it to perform the functions required by subsection

Subcommittees.

Report to Secretary of HEW and

Appropriation auUiorization.

Expiration. Effective date. 42 USC 289c-3a note.

"(h) The Board may, from time to time, establish Subcommittees. Such Subcommittees may be composed of Board members and nonmember consultants with expertise in the particular area addressed by such Subcommittees. "(i) The full Board shall hold regular quarterly meetings. In addition, the full Board or any of its Subcommittees may hold such additional meetings as are necessary in order to enable the Board to carry out its activities. " (j) One year after the date of its establishment and each year thereafter the Board shall submit to the Secretary and to the Congress a report— "(1) which describes the Board's activities during the year for which the report is made; "(2) which describes and evaluates the progress made in such year in diabetes research, treatment, education, and training; "(3) which summarizes and analyzes expenditures made by the Federal Government for diabetes-related activities during the year for which the report is made; and "(4) which contains the Board's recommendations (if any) for changes in the Diabetes Plan. The annual diabetes report shall be made available to the public at the same time it is transmitted to Congress and the Secretary. "(k) There are authorized to be appropriated to carry out the purposes of this section $300,000 for the fiscal year ending September 30, 1978, $300,000 for the fiscal year ending September 30, 1979, and $300,000 for the fiscal year ending September 30, 1980. "(1) The Board shall expire on September 30, 1980.". (b) The Secretary of Health, Education, and Welfare shall establish the National Diabetes Advisory Board (established by the amendment made by subsection (a)) not later than ninety days after the date of enactment of this section. DIABETES RESEARCH AND TRAINING CENTERS

42 USC 289C-2.

SEC. 202. Section 435(c) is amended— a ^ by striking out "and" after "1976,", and (2) by inserting before the period at the end thereof ", $12,000,000 for the fiscal year ending September 30, 1978, $20,000,000 for the fiscal year ending September 30, 1979, and $20,000,000 for the fiscal year ending September 30, 1980".

TITLE III—DIGESTIVE DISEASES NATIONAL C0M2kIISSI0N ON DIGESTIVE DISEASES

Establishment. 42 USC 289a note.

Membership.

SEC. 301. (a) The Secretary of Health, Education, and Welfare (hereafter in this section referred to as the "Secretary") after consulting with the Director of the National Institutes of Health, shall, within sixty days of the date of enactment of this section, establish a National Commission on Digestive Diseases (hereafter in this section referred to as the "Commission"). (b) The Commission shall be composed of twenty-six members as follows:

�


text:
Page:United States Statutes at Large Volume 90 Part 2.djvu/1183

 PUBLIC LAW 94-562—OCT. 19, 1976

90 STAT. 2651

(1) Ten members, appointed by the Secretary from scientists, physicians, and other health professionals, not in the employment of the Federal Government, as follows: Two shall be practicing clinical gastroenterologists, two shall be gastroenterologists involved primarily in research on digestive diseases, one shall be a surgeon, one shall be an expert in liver disease, one shall be an epidemiologist, one shall be an allied health professional, and two shall be basic biomedical scientists (such as biochemists, physiologists, microbiologists, nutritionists, pharmacologists, or immunologists). (2) Six members, appointed by the Secretary from the general public, of whom at least three shall have personal or close family experience with digestive diseases. (3) One member, appointed by the Secretary from the members of the National Arthritis, Metabolism, and Digestive Diseases Advisory Council whose primary interest is in the field of digestive diseases. (4) The Director of the National Institutes of Health or his designee; the Director of the National Institute of Arthritis, Metabolism, and Digestive Diseases or his designee; the Directors, or their designees, of the National Institute of Allergy and Infectious Diseases, the National Cancer Institute, the National Institute of General Medical Sciences; the Associate Director for Digestive Diseases and Nutrition of the National Institute of Arthritis, Metabolism, and Digestive Diseases; the Director of the Center for Disease Control or his designee; the Chief Medical Director of the Veterans' Administration or his designee; and the Secretary of Defense or his designee shall each be ex officio members of the Commission. (c) The members of the Commission shall select a Chairperson from among the appointed members of the Commission. (d) The Commission shall first meet as directed by the Secretary, not later than sixty days after the Commission is established, and thereafter shall meet at the call of the Chairperson of the Commission, but not less often than three times during the life of the Commission. The Commission may hold such hearings, take such testimony, and sit and act at such time and places as the Commission deems advisable. (e)(1) The Commission may appoint and fix the pay of an executive secretary to effectively carry out its functions. The executive secretary shall be appointed subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates. (2) The Secretary shall provide the Commission with such additional professional and clerical staff, such information, and the services of such consultants as the Secretary determines to be necessary for the Commission to carry out effectively its functions. (f) Members of the Commission who are officers or employees of the Federal Government shall serve as members of the Commission without compensation in addition to that received in their regular public employment. Members of the Commission who are not officers or employees of the Federal Government shall receive compensation at a rate not to exceed the daily equivalent of the annual rate in effect for Grade GS-18 of the General Schedule for each day (including traveltime) they are engaged in the performance of their duties

5 USC 101 et seq. 5 USC 5101, 5331. Additional staff,

Compensation,

5 USC 5332 °ote.

�