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Page:United States Statutes at Large Volume 92 Part 2.djvu/198

 92 STAT. 1478 Consultation and comments.

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33 USC 1232.

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PUBLIC LAW 95-474—OCT. 17, 1978 " (b) PROCEDURES.—The Secretary, in the exercise of this regulatory authority, shall establish procedures for consulting with, and receiving and considering the views of all interested parties, including— " (1) interested Federal departments and agencies, " f 2) officials of State and local governments, "(3) representatives of the maritime commrmity, "(4) representatives of port and harbor authorities or associations, " (5) representatives of environmental groups, "(6) any other interested parties who are knowledgeable or ' experienced in dealing with problems involving vessel safety, port and waterways safety, and protection of the marine environment, and "(7) advisory committees consisting of all interested segments 1 of the public when the establishment of such committees is considered necessary because the issues involved are highly complex or controversial. "SEC. 13. ENFORCEMENT. " (a) CIVIL PENALTY.— (1) Any person who is found by the Secre-

tary, after notice and an opportunity for a hearing, to have violated this Act or a regulation issued hereunder shall be liable to the United States for a civil penalty, not to exceed $25,000 for each violation. Each day of a continuing violation shall constitute a separate violation. The amount of such civil penalty shall be assessed by the Secretary, or his designee, by written notice. In determining the amount of such penalty, the Secretary shall take into account the nature, circumstances, extent and gravity of the prohibited acts committed and, with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and such other matters as justice may require. "(2) The Secretary may compromise, modify, or remit, with or without conditions, any civil penalty which is subject to imposition or which has been imposed under this section. "(3) If any person fails to pay an assessment of a civil penalty after it has become final, the Secretary may refer the matter to the Attorney General of the United States, for collection in any appropriate district court of the United States. "(b) CRIMINAL PENALTY.—(1) Any person who willfully and knowingly violates this Act or any regulation issued hereunder shall be fined not more than $50,000 for each violation or imprisoned for not more than five years, or both. "(2) Any person who, in the willfull and knowing violation of this Act or of any regulation issued hereunder, uses a dangerous weapon, or engages in conduct that causes bodily injury or fear of imminent bodily injury to any officer authorized to enforce the provisions of this Act or the regulations issued hereunder, shall, in lieu of the penalties prescribed in paragraph (1), be fined not more than $100,000, or imprisoned for not more than ten years, or both. "(c) I N REM LIABILITY.—Any vessel subject to the provisions of this Act, which is used in violation of this Act, or any regulations issued hereunder, shall be liable in rem for any civil penalty assessed pursuant to subsection (a) and may be proceeded against in the United States district court for any district in which such vessel may be found. "(d) INJUNCTION.—The United States district courts shall have

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 PUBLIC LAW 95-474—OCT. 17, 1978

92 STAT. 1479

jurisdiction to restrain violations of this Act or of regulations issued hereunder, for cause shown. " (e) D E N I A L o r E N T R Y. — E x c e p t as provided in section 9, the Secretary may, subject to recognized principles of international law, deny entry into the navigable waters of the United States or to any p o r t or place under the jurisdiction of the United States to any vessel not in compliance with the provisions of this Act or the regulations issued hereunder. "(f)

W I T H H O L D I N G OF CLEARANCE,—The Secretary of the Treasury

shall withhold o r revoke, at the request of the Secretary, the clearance, required by section 4197 of the Revised Statutes of the United States, as amended (46 U.S.C. 9 1), of any vessel, the owner or operator of which is subject to any of the penalties in this section. Clearance may be granted in such cases upon the filing of a bond o r other surety satisfactory to the Secretary.". SEC. 3. STUDY OF MONITORING SYSTEMS. (a) CONTENT.—The Secretary, in consultation with the Secretary of Commerce and other appropriate departments or agencies of the Federal Government, shall study the desirability and feasibility of possible shore-station systems for monitoring vessels, including fishing vessels, within the Fishery Conservation Zone as defined in section 3(8) of the Fishery Conservation and Management Act of 1976. E a c h system examined shall be capable of reporting vessel position, identification, course, and speed using either a land, sea, or space monitoring technique. (b) REPORT.—Within t w o years after the date of the enactment of this Act, the Secretary shall report his finding to the Congress. T h i s report shall describe the capabilities, limitations, and cost effectiveness of each monitoring system examined from the standpoint of both the Federal Government and any vessel owners who would be affected by the imposition of each approach. The report shall also include the Secretary's recommendations for a single, comprehensive, cost effective shore-station system for monitoring vessels within the Fishery Conservation Zone. (c) APPROPRIATIONS.—There are authorized to be appropriated to the Secretary for the purposes of this section, not to exceed $500,000 for the fiscal year ending September 30, 1979, and not to exceed $500,000 for the fiscal year ending September 30, 1980. SEC. 4. IMPROVED PILOTAGE STANDARDS. Section 4442 of the Revised Statutes of the United States (46 U.S.C. 214) is amended to read as follows: " SEC. 4442. (a) The Secretary of the department in which the Coast G u a r d is operating shall, in accordance with subsection (b) of this section, establish eligibility requirements for the issuance of a Federal license to pilot any steam vessel. " (b) No person may be issued a Federal license to pilot any steam vessel unless he— " (1) is at least twenty-one years of a g e; " (2) is of sound health and has no physical limitations which would hinder or prevent the performance of a pilot's duties; " (3) agrees to have a thorough physical examination each year while holding such license; " (4) demonstrates, to the satisfaction of the Secretary, that he possesses the requisite general knowledge and skill to hold such license;

Surety, filing,

33 USC 1224 note. Consultation.

16 USC 1802.

Transmittal to Congress.

Recommendations.

Federal steam vessel pilot's license, eligibility.

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


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Page:United States Statutes at Large Volume 92 Part 2.djvu/200

 92 STAT. 1480

PUBLIC LAW 95-474—OCT. 17, 1978 "(5) demonstrates proficiency in the use of electronic aids to navigation; "(6) maintains adequate knowledge of the waters to be navigated and knowledge of regulations for the prevention of collisions in such waters; "(7) has sufficient experience, as determined by the Secretary, to evidence his ability to handle any vessel of the type and size which he may be authorized to pilot; and " (8) meets any other requirement which the Secretary considers reasonable and necessary. "(c) No Federal license to pilot a steam vessel shall be valid for a term longer than five years. Upon expiration of any such license, the holder may reapply for an additional term and may be reissued a license if he meets the requirements specified under subsection (b) of this section.".

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SEC. 5. VESSELS CARRYING CERTAIN CARGOES IN BULK.

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,:,..

Section 4417a of the Revised Statutes of the United States, as amended (46 U.S.C. 391a), is further amended to read as follows: SEC. 4417a. (1) STATEMENT OF POLICY.—The Congress hereby finds and declares— "(A) that the carriage by vessels of certain cargoes in bulk or in residue creates substantial hazards to life, property, the navigable waters of the United States (including the quality thereof) and the resources contained therein and to the adjoining land, including but not limited to fish, shellfish, and wildlife, marine and coastal ecosystems, and recreational and scenic values; "(B) that existing standards for the design, construction, alteration, repair, maintenance, operation, equipping, personnel qualification, and manning of all such vessels which use any port or place subject to the jurisdiction of the United States or which operate in the navigable waters of the United States must be more stringent and comprehensive for the mitigation of the hazards to life, property, and the marine environment; "(C) that existing international standards for inspection and enforcement are incomplete, that those international standards that are in existence are often left unenforced by some flag states, and that there is a need to prevent substandard vessels from using any port or place subject to the jurisdiction of the United States or from operating in the navigable waters of the United States, for the mitigation of the hazards to life, property, or the marine environment; "(D) that standards developed through regulations shall incorporate the best available technology and shall be required unless clearly shown to create an undue economic impact which is not outweighed by the benefits to navigation and vessel safety or protection of the marine environment; " (E) that standards developed through regulations shall not impede or interfere with the right of innocent passage or any legitimate use of the high seas in accordance with recognized principles of international law; and " (F) that the United States should continue to actively support and encourage efforts to obtain international agreements concerning navigation and vessel safety and protection of the marine environment.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/201

 PUBLIC LAW 95-474—OCT. 17, 1978

92 STAT. 1481

" (2) DEFINITIONS.—As used in this section, unless the context otherwise requires— "(A) 'Discharge'includes, but is not limited to, any spilling, leaking, pumping, pouring, emitting, emptying, or dumping, however caused. "(B) 'Foreign vessel' means any vessel of foreign registry or operated under the authority of any nation other than the United States. "(C) 'Hazardous material' means any liquid material or substance which is— " (i) flammable or combustible; or "(ii) designated a hazardous substance under section 311(b) of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1321); or "(iii) designated a hazardous material under section 104 of the Hazardous Material Transportation Act (49 U.S.C. 1803). "(D) 'Marine environment' means the navigable waters of the United States and the land and resources therein and thereunder; the waters and fishery resources of any area over which the United States asserts exclusive fishery management authority; the seabed and subsoil of the Outer Continental Shelf of the United States, the resources thereof and the waters superjacent thereto; and the recreational, economic, and scenic values of such waters and resources. " (E) 'Oil' includes oil of any kind or in any form, including, but not limited to, petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged spoil. " (F) 'Person' means any individual (whether or not a citizen or national of the United States), or any corporation, partnership, association, or other entity (whether or not organized or existing under the laws of any State), and any Federal, State, local, or foreign government or any entity of any such government. "(G) 'Public vessel' means a vessel which— "(i) is owned, or chartered by demise, and operated by the United States or any foreign government; and " (ii) is not engaged in commercial service. " (H) 'Commercial service' means all types of trade or business involving the transportation of goods or persons, excluding the service performed by combatant vessels. " (I) 'Secretary' means the Secretary of the department in which the Coast Guard is operating. " (J) 'State' includes each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Canal Zone, Guam, American Samoa, the United States Virgins Islands, the Trust Territories of the Pacific Islands, the Commonwealth of the Northern Marianas, and any other commonwealth, territory, or possession of the United States. " (K) 'United States', when used in a geographical context, means all the States thereof. " (L) 'Vessel of the United States' means any vessel documented or numbered under the laws of the United States. "(M) 'Tanker' means a vessel constructed or adapted primarily to carry oil or hazardous materials in bulk in the cargo spaces.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/202

 92 STAT. 14«2

1

PUBLIC LAW 95-474—OCT. 17, 1978 " (N) 'Crude oil tanker' means a tanker engaged in the trade of carrying crude oil. " (O) 'Product carrier' means a tanker engaged in the trade of carrying oil, other than crude oil. " (P) 'Major conversion' means a conversion of an existing ves!' sel which substantially alters the dimensions or carrying capacity of the vessel; or changes the type of vessel; or substantially prolongs its life; or which otherwise so alters the vessel that it is d essentially a new vessel, as determined by the Secretary. " (Q) 'New' means, w i t h respect to various types of vessels subject to subsection (7), a vessel— " (i) for which the building contract is placed after June 1, 1979; or " (ii) in the absence of a building contract, the keel of which is laid, or which is at a similar stage of construction after January 1, 1980; or " ( i i i) the delivery of which is after June 1, 1982; or " ( i v) which has undergone a major conversion, which is • i contracted for after June 1, 1979, or construction work of which is begun after January 1, 1980, or completed after June 1, 1982. " (R) 'Existing' means, with respect to various types of vessels subject to subsection (7), a vessel which is not a new vessel. " (S) 'Crude oil' means any liquid hydrocarbon mixture occurring naturally in the earth, whether or not treated to render it suitable for transportaion, and includes crude oil from which certain distillate fractions may have been removed, and crude oil to which certain distillate fractions may have been added, " (3) APPLICABILITY.—Except as provided in subsections (4) and (5), this section shall apply to any vessel— " (A) regardless of tonnage, size, or manner of propulsion; " (B) whether self-propelled or not; " (C) whetlier carrying freight or passengers for hire or not; " (D) which is a vessel of the United States, or which operates on or enters the navigable waters of the United States, or which transfers oil or hazardous materials in any port or place subject to the jurisdiction of the United States; and " (E) which carries oil or any hazardous materials in bulk as cargo or in residue. Any such vessel shall be deemed to be a steam vessel for the purposes of title 52 of the Revised Statutes of the United States and shall b© subject to the provisions thereof. " (4) EXCEPTIONS.—This section shall not apply to— " (A) any public vessel; or " (B) any vessel of not more than 500 gross tons, documented in the service of oil exploitation, which is not a t a n k e r and which would be subject to this section only because of the transfer of fuel from fuel supply tanks of such vessels to offshore drilling or production facilities, if the crew member in charge of such transfer is certified as a t a n k e r m a n: Provided, That if the crew member in charge of the transfer of fuel holds a valid license as a master, mate, pilot, engineer or operator, it shall not be necessary for the crew member also to be certificated as a tankerman or have a tankerman endorsement on his license; or " (C) cannery tenders, fishing tenders, and fishing vessels of not more than 500 gross tons, used in the salmon or crab fisheries

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Page:United States Statutes at Large Volume 92 Part 2.djvu/203

 PUBLIC LAW 95-474—OCT. 17, 1978

92 STAT. 14^3

of the State of Oregon, Washington, and Alaska, when engaged exclusively in the fishing industry; or "(D) any foreign vessel, not destined for, or departing from, a port or place subject to the jurisdiction of the United States, that is in innocent passage through the territorial sea of the United States or in transit through the navigable waters of the United States which form a part of an international strait. "(5) F I S H PROCESSING VESSELS.—This section shall not apply to vessels of not more than 5,000 gross tons used in the processing and assembling of fishery products in the fisheries of the States of Oregon, Washington, and Alaska, and such vessels shall be allowed to have on board flammable or combustible liquid cargo in bulk to the extent authorized, and upon such conditions as may oe required, by regulations issued by the Secretary. " (6) KEGULATORY AUTHORITY.—

" (A) In accordance with the provisions of section 553 of title 5, Regulations. United States Code, the Secretary shall issue, and may from time to time amend or repeal, regulations for the design, construction, alteration, repair, maintenance, operation, equipping, personnel qualification, or manning of vessels to which this section applies, as may be necessary for increased protection against hazards to life and property, for navigation and vessel safety, and for enhanced protection of the marine environment. The Secretary may issue differing regulations applicable to vessels engaged in the domestic trade, and may also issue regulations that exceed standards agreed upon internationaly. The regidations issued by the Secretary under this subsection shall be in addition to any other regulations, issued under other provisions of law, that may apply to such vessels. The regulations issued by the Secretary under this subsection shall include, but need not be limited to, requirements relating to— "(i) superstructures, hulls, cargo holds or tanks, fittings, equipment, appliances, propulsion machinery, auxiliary machinery, and boilers; " (ii) the handling or stowage of cargo, the manner of such handling or stowage of cargo, and the machinery and appliances used in such handling or stowage; "(iii) equipment and appliances for lifesaving, fire protection, and prevention and mitigation of damage to the marine environment; "(iv) the manning of such vessels and the duties, qualifications, and training of the officers and crew thereof, in accordance with subsections (9), (10), and (11); "(v) improvements in vessel maneuvering and stopping ability and other features which reduce the possibility of collision, grounding, or other accidents; "(vi) the reduction of cargo loss in the event of a collision, grounding, or other accident; and "(vii) the reduction or elimination of discharges during ballasting, deballasting, tank cleaning, cargo handling, or other such activity. "(B) In issuing regulations under paragraph (A), the Secretary shall give due consideration to the kinds and grades of cargo permitted to be on board such vessel.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/204

 92 STAT. 1484 Consultation and comments.

Self-propelled vessels.

PUBLIC LAW 95-474—OCT. 17, 1978 "(C) The Secretary, in the exercise of this regulatory authority, shall establish procedures for consulting with, and receiving and considering the views of— " ^i) interested Federal departments and agencies, " (ii) officials of State and local governments, " (iii) representatives of the maritime community, "(iv) representatives of port and harbor authorities or associations, "(v) representatives of environmental groups, and "(vi) any other interested parties who are knowledgeable or experienced in dealing with problems involving vessel safety, port and waterways safety, and protection of the marine environment. " (7) MINIMUM STANDARDS.—In issuing regulations pursuant to subsection (6), the Secretary shall require that any self-propelled vessel shall, as a minimum— "(A) if a new crude oil tanker of 20,000 deadweight tons or above, be equipped with— "(i) segregated ballast tanks which are protectively located; "(ii) a crude oil washing system; and "(iii) a cargo tank protection system, consisting of a fixed deck froth system and a fixed inert gas system; "(B) if a new product carrier of 30,000 deadweight tons or above, be equipped with segregated ballast tanks which are protectively located; "(C) if a new product carrier of 20,000 deadweight tons or above, be equipped with a cargo tank protection system consisting of a fixed deck froth system and a fixed inert gas system or, if such a product carrier carries dedicated products which are incompatible with such a cargo tank protection system, an alternate protection system as authorized by the Secretary; "(D) if an existing crude oil tanker of 40,000 deadweight tons or above, not later than June 1, 1981, be equipped with— "(i) segregated ballast tanks; or " (ii) a crude oil washing system: Provided, That compliance may he delayed for vessels operating with dedicated clean ballast tanks if of 70,000 deadweight tons or above until June 1, 1983, or until June 1, 1985, for all other such vessels; " (E) if an existing crude oil tanker of 20,000 deadweight tons or above but less than 40,000 deadweight tons, fifteen years or older, not later than January 1, 1986, or the date on which it reaches fifteen years of age, whichever is later, be equipped with segregated ballast tanks or a crude oil washing system; " (F) if an existing crude oil tanker of 20,000 deadweight tons or above, not later than June 1, 1983, be equipped with an inert gas system: Provided, That for a crude oil tanker of less than 40,000 deadweight tons not fitted with high capacity tank washing machines, the Secretary may grant an exemption, if the vessel's owner can clearly show that compliance would be unreasonable and impracticable due to the vessel's design characteristics: Provided further, That an existing crude oil tanker of 70,000 deadweight tons or above must be in compliance herewith not later than June 1, 1981;

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Page:United States Statutes at Large Volume 92 Part 2.djvu/205

 PUBLIC LAW 95-474—OCT. 17, 1978

92 STAT. 1485

"(G) if an existing product carrier of 40,000 deadweight tons or above, not later than June 1, 1981, be equipped with segregated ballast tanks or, in lieu thereof, may operate with dedicated clean ballast tasks; " (H) if an existing product carrier of 20,000 deadweight tons or above but less than 40,000 deadweight tons, fifteen years or older, not later than January 1, 1986, or the date on which it reaches fifteen years of age, whichever is later, be equipped with segregated ballast tanks or may operate with dedicated clean ballast tanks; " (I) if an existing product carrier of 40,000 deadweight tons or above, or an existing product carrier of 20,000 deadweight tons or abov-e but less than 40,000 deadweight tons, which is fitted with high-capacity tank washing machines, not later than June 1, 1983, be equipped with an inert gas system: Provided, That an existing product carrier of 70,000 deadweight tons or above must be in compliance herewith not later than June 1, 1981, " (J) if of 10,000 gross tons or above, not later than June 1, 1979, be equipped with— "(i) a dual radar system, with short-range and with longrange capabilities and each with true-north features; "(ii) an electronic relative motion analyzer, which is at least functionally equivalent to such equipment complying with specifications established by the United States Maritime Administration; " (iii) an electronic position fixing device; "(iv) adequate communications equipment; " (v) a sonic depth finder; " (vi) a gyrocompass; and "(vii) up-to-date charts: Provided, That the effective date of compliance with the requirement of clause (ii) shall be July 1, 1982 or such earlier date as agreed to internationaly and accepted by the United States; " (K) if a new tanker of 10,000 gross tons or above, be equipped with^ "(i) two remote steering gear control systems operable separately from the navigating bridge; "(ii) main steering gear control in the steering gear compartment; "(iii) means of communications and rudder angle indicators on the navigating bridge, remote steering gear control station, and the steering gear compartment; "(iv) two or more identical and adequate power units for the main steering gear; " (v) an alternative and adequate power supply, either from an emergency source of electrical power or from another independent source of power located in the steering gear compartment; and "(vi) means of automatic starting and stopping of power units with attendant alarms at all steering stations; "(L) if an existing tanker of 10,000 gross tons or above, not later than June 1, 1981, be equipped with— "(i) two remote steering gear control systems operable separately from the navigating bridge;

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Page:United States Statutes at Large Volume 92 Part 2.djvu/206

 92 STAT. 1486

PUBLIC LAW 95-474—OCT. 17, 1978 "(ii) main steering gear control in the steering gear compartment; and "(iii) means of communications and rudder angle indicators on the navigating bridge, remote steering gear control station, and the steering gear compartment; and "(M) if a crude oil tanker, which is engaged in the transfer of oil from an offshore oil exploitation or production facility on the Outer Continental Shelf of the United States, not later than June 1, 1980, be equipped with segregated ballast tanks, or may operate with dedicated clean ballast tanks or special ballast arrangements: Provided, That vessels subject to this paragraph shall comply fully with the other minimum standards of this section, where applicable; and "(N) in accordance with relevant international agreements to which the United States is a party, exempt vessels from the minimum requirements established in this subsection for segregated ballast, dedicated clean ballast, or crude oil washing if he determines that shore-based reception facilities are a preferred method of handling dirty ballast, and that adequate facilities are readily available. After the effective date of this Act, the installation of segregated ballast tanks, a crude oil washing system, or an inert gas system, required by regulations issued hereunder, on a vessel which is entitled to engage m coastwise trade in accordance with section 27 of the Merchant Marine Act of 1920 (46 U.S.C. 883) shall be effected within the United States, its territories (not including trust territories), or its possessions, and vessels which fail to comply with this requirement shall thereafter not have the right to engage in the coastwise trade. " (8) EVIDENCE OF COMPLIANCE.—

Inspection certificate.

Noncompliance, notification.

Compliance certificate.

Examination.

Noncompliance, notification.

" (A) No vessel of the United States to which this section applies shall have on board oil or hazardous materials in bulk as cargo or in residue until it has a Certificate of Inspection, issued under the provisions of title 52 of the Revised Statutes of the United States, and such certificate has been endorsed to indicate that the vessel is in compliance with the regulations issued under this section. If any such vessel is found not to be in compliance, the Secretary shall notify the owner or agent of the vessel and indicate how the vessel may be brought into compliance. "(B) No foreign vessel to which this section applies shall operate on or enter the navigable waters of the United States, or transfer oil or hazardous materials in any port or place under the jurisdiction of the United States, unless such vessel has been issued a Certificate of Compliance by the Secretary. The Secretary shall not issue such certificate until the vessel has been examined by the Secretary and found to be in compliance with the provisions of this section and the regulations issued hereunder. If such vessel is found not to be in compliance, the Secretary shall notify the owner or agent of the vessel and indicate how the vessel may be brought into compliance. The Secretary may allow provisional entry for the purposes of conducting examinations. "(C) The Secretary may accept, in whole or in part, a certificate, endorsement, or document issued by any foreign nation

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Page:United States Statutes at Large Volume 92 Part 2.djvu/207

 PUBLIC LAW 95-474—OCT. 17, 1978

92 STAT. 14fi7

pursuant to any treaty, convention, or other international agreement to which the United States is a party, as a basis for issuance of a Certificate of Compliance. " (D) No vessel may carry any kind or grade of oil or hazardous materials in bulk as cargo or in residue unless its certificate is endorsed to allow such carriage. No such certificate may allow any vessel to carry any material prohibited by section 4472(3) of the Revised Statutes, as amended (46 U.S.C. 170). " (E) A certificate issued under this section shall be valid for a period not to exceed twenty-four months and may be renewed as specified by the Secretary. The Secretary may issue a temporary certificate under this section in appropriate circumstances; except that the temporary certificate shall be valid for not more than t h i r t y days. Any certificate shall be revoked or suspended if the Secretary finds that the vessel involved no longer complies with the conditions upon which the certificate was issued. "(9)

PERSONNEL AND M A N N I N G STANDARDS FOR VESSELS OF THE

UNITED STATES.—The Secretary shall prescribe standards for the mann i n g of any vessel of the United States subject to the provisions of this section and the duties, qualifications, and training of the officers and crew thereof, including, but not limited to, standards relating to— " (A) instruction in vessel and cargo handling and vessel navigation under normal operating conditions in coastal and confined waters and on the high seas; " (B) instruction in vessel and cargo handling and vessel navigation in emergency situations and under accidental or potential accident conditions; " (C) license qualifications by specific type and size of vessels; " (D) qualification for licenses by use of simulators for the practice or demonstration of marine-oriented skills; " (E) minimum health and physical fitness criteria for various grades of licenses and certificates: Provided, That the Secretary Waiver, shall waive the applicability of such criteria to any individual conditions or holding a license or certificate in effect on the effective date of limitations. this subsection, including subsequent renewals thereof: Provided further, That, when such a waiver is granted, the Secretary may prescribe conditions or limitations to the license or certificate, or the renewal thereof, as he may find reasonable and necessary for the safety of any vessel on which the individual may be employed; " (F) periodic retraining, and special t r a i n i n g for u p g r a d i n g positions, changing vessel type or size, or assuming new responsibilities; and " (G) determination of licenses and certificates, conditions of licensing or certification and period of licensing or certification by reference to experience, amount of training completed, and regular performance testing. "(10)

TANKERMAN REQUIREMENTS.—

" (A) Any vessel of the United States having on board oil or hazardous materials in bulk as cargo or in residue shall have a specified number of the crew certificated as tankerman, as may be required by the Secretary, and such requirement shall be so noted on the Certificate of Inspection issued to the vessel. " (B) Any foreign vessel having on board oil or hazardous materials in bulk as cargo or in residue shall have a special

Certification.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/208

 92 STAT. 1488

PUBLIC LAW 95-474—OCT. 17, 1978 number of personnel certificated as tankerman, or equivalent, as may be required by the Sex;retary, when the vessel transfers oil or hazardous materials in any port or place subject to the jurisdiction of the United States; and such requirement shall be noted in applicable terminal operating procedures. No transfer operations may take place unless the crew member in charge is capable of clearly understanding instructions in English. "(C) The Secretary shall prescribe procedures, standards, and qualifications for the issuance of certificates or endorsements as tankerman, stating the kinds of oil or hazardous materials that can be handled with safety to the vessel and the marine environment. " (D) Certificates or endorsements as tankerman shall be subject to suspension and revocation on the same grounds and in the same manner as provided for under the provisions of section 4450 of the Revised Statutes of the United States, as amended (46 U.S.C.239).

English language comprehension requirement.

Verification,

" ( 1 1) P E R S O N N E L AND M A N N I N G STANDARDS FOR F o R E I G N VESSELS.

regulations and procedures.

^pj^g Secretary shall issue regulations and procedures for the verification of manning, training, qualification, and watchkeeping standards promulgated by the certificating state of any foreign vessel which operates on or enters the navigable waters of the United States, and transfers oil or hazardous materials in any port or place under the jurisdiction of the United States. Such regulations and procedures shall include, but need not be limited to, provisions relating to— "(A) the receipt through the Inter-Governmental Maritime Consultative Organization or from the certificating state of the ' English text of laws, decrees, orders, regulations, specimen licenses and certificates, and other pertinent documents pertaining to manning, training, qualification, and watchkeeping of seafarers; "(B) the publication and distribution of, or otherwise makjj^g available to the public and appropriate enforcement personnel, copies of materials received as provided for in paragraph

Public availabihty. •

(A);

Publication in Federal Register. ,,

"(C) the evaluation, at intervals of not less than five years, of each foreign state's system for licensing and certification of seafarers, including study course content and duration, examination requirements and prerequisites for licensing and certification, and related controls; "(D) determination, after the evaluation required by clause (C), of whether the foreign state, whose system for licensing and certification of seafarers was evaluated, has standards which are comparable to or more stringent than United States standards or international standards which are accepted by the United States; " (E) publication in the Federal Register of each determination made pursuant to clause (D), together with a brief explanation of the reasons therefor; and " (F) manning levels, based on vessel size and type of operation, when operating in the navigable waters of the United States, or in the safety zone in connection with utilization of deepwater ports.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/209

 PUBLIC LAW 95-474—OCT. 17, 1978

92 STAT. 1489

"(12) MODIFICATIONS.—The Secretary may modify any regulation or standard prescribed under this section to conform to the provisions of an international treaty, convention, agreement, or an amendment thereto, which is ratified by the United States. "(13)

PROHIBITED ACTS.—

"(A) It is unlawful for any person— "(i) to violate any provision of this section or any regulation issued under this section; or "(ii) to refuse to permit any officer, authorized by the Secretary to enforce the provisions of this section, to board any vessel or to enter any shore area, place, or premises, under such person's control for purposes of inspection under this section; or "(iii) to refuse to obey any lawful directive issued under this section. "(B) It is unlawful for any vessel subject to the provision of this section— "(i) to operate in or on the navigable waters of the United States, or to use any port or place subject to the jurisdiction of the United States, while not in compliance with any provision of this section or any regulation issued hereunder; or "(ii) to fail to comply with any lawful directive issued pursuant to this section. "(14)

-

ENFORCEMENT.— "(A) CIVIL PENALTY.—

"(i) Any person who is found by the Secretary, after notice and an opportunity for a hearing, to have violated this section or a regulation issued hereunder shall be liable to the United States for a civil penalty, not to exceed $25,000 for each violation. Each day of a continuing violation shall constitute a separate violation. The amount of such civil penalty shall be assessed by the Secretary, or his designee, by written notice. In determining the amount of such penalty, the Secretary shall take into account the nature, circumstances, extent, and gravity of the prohibited acts committed and, with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and such other matters as justice may require. "(ii) The Secretary may compromise, modify, or remit, with or without conditions, any civil penalty which is subject to imposition or which has been imposed under this section, "(iii) If any person fails to pay an assessment of a civil penalty after it has become final, the Secretary may refer the matter to the Attorney General of the United States, for collection in any appropriate district court of the United States. "(B)

CRIMINAL PENALTY.—

"(i) Any person who willfully and knowingly violates this section or any regulation issued hereunder shall be fined not more than $50,000 for each violation or imprisoned for not more than five years, or both. "(ii) Any person who, in the willful and knowing violation of this section or any regulation issued hereunder, uses

39-194 O—80—pt. 2

14: QL3

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 92 STAT. 1490

PUBLIC LAW 95-474—OCT. 17, 1978 a dangerous weapon, or engages in conduct that causes bodily injury or fear of imminent bodily injury to any officer authorized to enforce the provisions of this Act or the regulations issued hereunder, shall, in lieu of the penalties prescribed in subparagraph (i), be fined not more than $100,000, or imprisoned for not more than ten years, or both. "(C) I N REM LIABILITY.—Any vessel subject to the provisions of this section, which is used in violation of this section or any regulation issued hereunder, shall be liable in rem for any civil penalty assessed pursuant to paragraph (A) and may be proceeded against in the United States district court for any district in which such vessel may be found. "(D) INJUNCTION.—The United States district courts shall have jurisdiction to restrain violations of this section or of regulations issued hereunder, for cause shown. " (E) WITHHOLDING CLEARANCE.—The Secretary of the Treas-

Surety, filing.

ury shall withhold or revoke, at the request of the Secretary, the clearance, required by section 4197 of the Revised Statutes of the United States, as amended (46 U.S.C. 91), of any vessel, the owner or operator of which is subject to any of the penalties in this subsection. Clearance may be granted in such cases upon the filing of a bond or other surety satisfactory to the Secretary. "(15) INSPECTION.— " (A) NATIONAL PROGRAM.—

Establishment.

Contract.

Fees, regulations.

"(i) The Secretary shall establish a national program for inspection of any vessel subject to this section. Each such vessel shall be inspected or examined at least once each year. Any such vessel over ten years of age shall undergo a special and detailed inspection of structural strength and hull integrity, as specified by the Secretary. "(ii) An inspection or examination may be conducted by any officer authorized by the Secretary. If any such officer is not reasonably available, the Secretary may contract for the conduct of inspections or examinations in the United States and in foreign countries. Under such contract, an inspector may be authorized to act on behalf of the Secretary, except that no such inspector may issue a Certificate of Inspection or Certificate of Compliance, but may issue a temporary "(iii) Notwithstanding the provisions of section 1 of the Act of June 19, 1886, as amended (46 U.S.C. 331), the Secretary shall prescribe by regulation reasonable fees for any inspection or examination conducted pursuant to this section outside the geographical limits of the United States, or which, when involving a foreign vessel, is conducted pursuant to the contract authority provided for in subparagraph (ii) of this paragraph. The owner or operator of any vessel inspected or examined by the Secretary or his designee shall be liable for such fees. Amounts received as fees shall be credited to the General Treasury. "(B) VESSEL DOCUMENTS.—Any vessel subject to the provisions , of this section shall have on board such documents as the Secre-
 * , certificate.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/211

 PUBLIC LAW 95-474—OCT. 17, 1978

92 STAT. 1491

tar}^ deems necessary for inspection or enforcement under this section, including, but not limited to, documents indicating— "(i) the kind, grade, and approximate quantities of any cargo on board; "^ii) the shipper and consignee of the cargo; "(iii) the points of origin and destination of the vessel; and "(iv) the name of an agent in the United States authorized to accept legal process. " (16) MARIXE SAFETY INFORMATION SYSTEM.—

"(A) IN GENERAL.—The Secretary shall establish a marine safety information system which shall contain information with regard to any vessel subject to this section which operates on or enters the navigable waters of the United States, or which transfers oil or any hazardous materials in any port or place under the jurisdiction of the United States. In acquiring such information, the Secretary shall make full use of publicly available information. The Secretary may, by regulation, require any such vessel to furnish such data or other information as he deems necessary, in order to carry out the purposes of this subsection, including, but not limited to— "(i) the names of any person with an ownership interest in such vessel; " (ii) details of compliance with the jfinancial responsibility requirements of applicable statutes or regulations; "(iii) registration information, including all changes in the name of the vessel; "(iv) the history of accidents or serious repair problems of the vessel; and " (v) a record of all inspections or examinations of a vessel conducted under subsection (15). "(B) INTERAGENCY COOPERATION.—The head of each department or agency of the Federal Government shall, upon a written request from the Secretary, furnish any available information which the Secretary deems necessary to confirm the information received pursuant to paragraph (A).

Establishment.

Vessel data or information furnishing, regulation.

"(17) LIGHTERING.—

"(A) IN GENERAL.—After the effective date of regulations issued by the Secretary pursuant to paragraph (B), no vessel may transfer oil or hazardous materials in a port or place subject to the jurisdiction of the United States, if the cargo has been transferred from another vessel in the navigable waters of the United States or in the marine environment unless— " (i) the transfer was conducted in accordance with regulations issued by the Secretary, and "(ii) both the delivering and receiving vessels had, on board at the time of transfer, a Certificate of Inspection or a Certificate of Compliance, as would have been required under subsection (8), had the transfer taken place in a port or place subject to the jurisdiction of the United States. "(B) REGULATIONS.—The Secretary shall issue, and may from Regulations, time to time, amend or repeal regulations for the transferring of

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Page:United States Statutes at Large Volume 92 Part 2.djvu/212

 92 STAT. 1492

PUBLIC LAW 95-474—OCT. 17, 1978

if

oil or hazardous materials in the navigable waters of the United States or in the marine environment when such oil or hazardous material is destined for a port or place subject to the jurisdiction of the United States. Such regulations shall include, but need not be limited to— "(i) minimum safe operating conditions, including sea state, wave height, weather, proximity to channels or shipping lanes, and other similar factors; " ^ii^ prevention of spills; " (iii) equipment for responding to any spill; "(iv) prevention of any unreasonable interference with navigation or other reasonable uses of the high seas, as such uses are defined by treaty, convention, or customary international law; " (v) establishment of lightering zones; and "(vi) requirements for communication and prearrival messages. "(18)

Control and supervisory measures, establishment. Submittal to Congress.

TANK WASHINGS.—

"(A) No vessel may transfer a cargo in a port or place subject to the jurisdiction of the United States, if the vessel has arrived after having discharged tank washings containing oil or hazardous materials in violation of any law of the United States or in a manner or quantities inconsistent with the provisions of any treaty to which the United States is a party, m preparation for loading that cargo in any port or place subject to the jurisdiction of the United States. "(B) The Secretary shall establish effective control and supervisory measures to implement the provisions of this subsection. "(19) REPORT.—Within six months after the end of each calendar year, the Secretary shall submit to the Congress— "(A) a report on the administration of this section during the preceding calendar year; "(B) a summary of inspection and enforcement activities during the preceding calendar year; and "(C) recommendations to the Congress for any additional legislative authority necessary to improve navigation and vessel safety and protection of the marine environment.". SEC. 6. SAVINGS CLAUSE.

33 USC 1221 note. Ante, p. 1471.

33 USC 1221.

46 USC 391a note. Ante, p. 1480.

(a) Regulations previously issued under statutory provisions which are amended by section 2 of this Act shall continue in effect as though issued under the authority of the Ports and Waterways Safety Act of 1972, as amended by this Act, until expressly abrogated, modified, or amended by the Secretary. Any proceeding under title I of Public Law 92-340 for a violation which occurred before the effective date of this Act may be initiated or continued to conclusion as though such public law had not been amended by this Act. (b) Regulations previously issued under statutory provisions which are amended by section 5 of this Act shall continue in effect as though issued under the authority of section 4417a of the Revised Statutes of the United States, as amended by this Act, until expressly abrogated, modified, or amended by the Secretary. Any proceeding under the provisions of section 4417a of the Revised Statutes of the United

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Page:United States Statutes at Large Volume 92 Part 2.djvu/213

 PUBLIC LAW 9 5 - 4 7 4 ^ 0 C T. 17, 1978

92 STAT. 1493

States, as it existed prior to amendment by this Act, for a violation Ante, p. 1480. which occurred before the effective date of this Act, may be initiated or continued to conclusion as though such section had not been amended by this Act. (c) If a provision of this Act or the application of such provision 33 USC 1221 to any person or circumstances shall be held invalid, the remainder of ^°^the Act and the application of such provision to persons or circumstances other than those to which it is held invalid shall not be affected thereby. Approved October 17, 1978.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 95-1384, Pt. I accompanying H.R. 13311 (Comm. on Merchant Marine and Fisheries), No. 95-1384, Pt. II (Comm. on International Relations). SENATE REPORT No. 95-176 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD: Vol. 123 (1977): May 25, 26, considered and passed Senate. Vol. 124 (1978): Sept. 12, H.R. 13311 considered and passed House; proceedings vacated and S. 682, amended, passed in lieu. Sept.30, Senate concurred in House amendment with an amendment. Oct. 3, House concurred in Senate amendment.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/214

 92 STAT. 1494

PUBLIC LAW 95-475—OCT. 18, 1978

Public Law 95-475 95th Congress An Act Oct. 18. 1978 [H.R. 6503] Intercoastal Shipping Act, 1933, amendment. "General increase in rates."

"General decrease in rates."

Hearing. Publication in Federal Register. Guidelines.

To amend the Intercoastal

Shipping Act, 1933, and for other

purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the first section of the Intercoastal Shipping Act, 1933 (46 U.S.C. 843), is amended by inserting " (1) " immediately before "The term"; and by adding at the end thereof the following: "(2) The term 'general increase in rates' means any change in rates, fares, or charges which will (A) result in an increase in not less than 60 per centum of the total rate, fare, or charge items in the tariffs per trade of any common carrier by water in intercoastal commerce; and (B) directly result in an increase in gross revenues of such carrier for the particular trade of not less than 3 per centum. " (3) The term 'general decrease in rates' means any change in rates, fares, or charges which will (A) result in a decrease in not less than 50 per centum of the total rate, fare, or charge items in the tariffs per trade of any common carrier by water in intercoastal commerce; and (B) directly result in a decrease in gross revenue of such carrier for the particular trade of not less than 3 per centum.". SEC. 2. The second paragraph of section 2 of the Intercoastal Shipping Act, 1933 (46 U.S.C. 844), is amended— (1) by striking out 'Provided, and inserting in lieu thereof the following: 'Provided, That no general increase in rates or general decrease in rates shall take effect before the close of the sixtieth day after the day on which such general increase in rates or general decrease in rates is posted and filed with the Commission: Provided further,; and (2) by inserting "or sixty days" immediately after "thirty days" in the second proviso thereto. SEC. 3. Section 3 of the Intercoastal Shipping Act, 1933 (46 U.S.C. 845), is amended— (1) by inserting " (a) " immediately before "Whenever" at the beginning of the first paragraph thereof; (2) by amending subsection (a) (as so designated by paragraph (1)) by— (A) striking out "complaint" each place it appears therein and inserting in lieu thereof "protest"; (B) striking out the colon after "practice" and inserting in lieu thereof a period; and (C) striking out the proviso and inserting in lieu thereof the following: "The Commission shall not order a hearing pursuant to this subsection, on its own motion or upon protest, unless the Commission publishes in the Federal Register the reasons, in detail, why it considers such a hearing to be necessary and the specific issues to be resolved by such hearing. For purposes of facilitating the administration of this Act, the Commission shall, within one year after the effective date of this sentence, by regulation prescribe guidelines for the determination of what constitutes a just and reasonable rate of return or profit for common carriers by water in intercoastal commerce. After the regula-

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 PUBLIC LAW 95-475—OCT. 18, 1978

92 STAT. 1495

tions referred to in the preceding sentence are initially prescribed, the Commission shall from time to time thereafter review such regulations and make such amendments thereto as may be a p p r o p r i a t e. "; (3) by inserting " (b) " immediately before " P e n d i n g " at the beginning of the second paragraph thereof; (4) by amending subsection (b) (as so designated by paragraph (3)) by (A) inserting ", except as provided in subsection (c), " immediately before "from time to time'' in the first sentence thereof; (B) striking out "four months " and inserting "one hundred and eighty d a y s " in lieu thereof in the first sentence thereof; (C) striking out " and decide the same as speedily as possible" at the end of the last sentence thereof; and (D) inserting at the end thereof the following new sentences: "Notwithstanding any other provision of law, the Commission shall complete such hearing under this section within sixty d a y s; the initial decision resulting therefrom, if any, shall be submitted in writing to the Commission within one hundred and twenty d a y s; and the Commission shall issue a final decision thereon within one hundred and eighty days. The sixty-day, one hundred and twenty-day, and one hundred and eighty-day periods referred to in the preceding sentence shall each begin on the day on which such rate, fare, charge, classification, regulation, or practice first takes effect or, in the case of suspended matter, shall begin on the day on which such matter would have otherwise gone into effect. However, the Commission may, in its discretion and for good cause, extend the time period or suspension period for a period of not more than sixty days, if three or more Commissioners agree to such an extension. If such extension is granted, the Connnission shall report in writing to Congress within ten days from the g r a n t i n g of such extension together with— " (A) a full explanation of the reasons for the extension, " (B) the issues involved in the matter before the Commission, " (C) the names of the personnel of the Commission working on such matter, and " (D) a record of how each Commissioner voted on the extension. If a final decision is not issued by the Commission within the one hundred and eighty day period, or by the end of any extension period, such rate, fare, charge, classification, regulation, or practice shall, for purposes of this section, thereafter be deemed to be just and reasonable. However, if the Commission finds that it is unable to issue a final <lecision within such period or within such extension due to delays which are directly attributable to the proponent of such rate, charge, classification, regulation, or practice, the Commission may disapprove such rate, fare, charge, classification, regulation, or practice, upon the expiration of such period or extension. This provision shall not preclude any remedies available pursuant to section 22 of the S h i p p i n g Act of 1016. Notwithstanding any other provision of law. in providing 46 USC 821. a hearing for the purposes of this Act. it shall be adequate to provide an opportunity for the submission of all evidence in written form, followed by an opportunity for briefs, written statements, or conferences of the parties. Any such conference may be chaired by an individual Commissioner, an administrative law ]udge, or any designated employee of the Commission.";

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 92 STAT. 1496

Refunds.

46 USC 821.

Effective date. 46 USC 843 note.

PUBLIC LAW 95-475—OCT. 18, 1978 (5) by adding at the end thereof the following new subsection: "(c)(1) Notwithstanding any olher provision of this section, the Commission may not suspend— "(A) any tariff scliedule or service which extends to any additional port, actual service at the rates of the carrier involved for similar service already in effect at the nearest port of call to such additional port; or "(B) the operation of that portion of any changed rate, fare, or charge representing an increase or decrease of 5 per centum or less and filed as part of a general increase in rates or a general decrease in rates, except that the aggregate of such changes exempt from suspension shall not exceed 5 per centum during any period of twelve consecutive months; nothing in this subparagraph shall be construed as establishing a presumption that any increase or decrease in excess of 5 per centum is not just and reasonable, or that any increase or decrease less than 5 per centum is just and reasonable. "(2) If the Commission finds, as a result of any proceeding under this section with respect to a general increase in rates, that any unsuspended portion of the increase is not just and reasonable, the Commission shall order the carrier involved to refund to any person who was charged on the basis of such general increase an amount equal to that portion thereof found to be not just and reasonable plus interest on such amount computed on the basis of the average of the prime rate charged by major banks, as published by the Board of Governors of the Federal Reserve System, during the period to which the refund applies.". SEC. 4. Section 4 of the Intercoastal Shipping Act, 19.33 (46 ILS.C. 845a) is amended by changing the period at the end thereof to a colon, and inserting thereafter the following: '•'•Provided further, That upon such finding of unjustness or unreasonableness in a proceeding instituted by a complainant pursuant to the provisions of section 22 of the Shipping Act, 1916, the Commission shall direct full reparation to the complainant of the difference between the charge collected and the just and reasonable rate, fare, or charge, plus interest on such amount computed on the basis of the average of the prime rate charged by major banks, as published by the Board of Governors of the Federal Reserve System, during the period to which the reparation applies.". SEC. 5. This Act shall take effect ninety days after enactment. Approved October 18, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-474 (Comm. on Merchant Marine and Fisheries). SENATE REPORT No. 95-1240 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD, Vol. 124 (1978): May 8, considered and passed House. Oct. 3, considered and passed Senate.

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 PUBLIC LAW 95-476—OCT. 18, 1978

92 STAT. 1497

Public Law 95-476 95th Congress An Act To amend title 38, United States Code, to improve the iiousing benefits programs of the Veterans' Administration, to authorize the Administrator of Veterans' Affairs to pay an allowance to a State for expenses incurred in the burial of eligible veterans in cemeteries owned and operated by or for such State solely for the interment of veterans, to authorize a program of grant assistance to States for the establishment, expansion, and improvement of State veterans' cemeteries, 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) this Act may be cited as the "Veterans' Housing Benefits Act of 1978". (b) Except as otherwise expressly provided, 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 title 38, United States Code.

Oct. 18, 1978 [H.R. 12028]

Veterans' Housing Benefits Act of 1978. 38 USC 101 note.

TITLE I—VETERANS' HOUSING B E N E F I T S ASSISTANCE FOR SPECIALLY ADAPTED HOUSING FOR CERTAIN DISABLED VETERANS

SEC. 1 0 1. S e c t i o n 802 is amended by striking o u t " $ 2 5, 0 0 0 " and inserting in lieu thereof "$30,000".

38 USC 802.

BASIC ENTITLEMENT FOR H O M E, CONDOMINIUM, AND MOBILE HOME LOANS

38 USC 1802. SEC. 102. (a) Subsection (a) of section 1802 is amended— (1) in the first sentence, by striking out "World War II or the Korean conflict" both places it appears and inserting in lieu thereof "World War II, the Korean conflict, or the Vietnam era"; and (2) in the second sentence, by striking out "Entitlement" and all that follows through "World War II, has" and inserting in lieu thereof "In the case of any veteran who served on active duty during two or more of the periods specified in the preceding sentence, or in section 1818 of this title, for which eligibility for the 38 USC 1818. benefits under this chapter may be granted, entitlement derived from service during the most recent such period (1) shall cancel any unused entitlement derived from service during any earlier such period, and (2) shall be reduced by the amount by which entitlement from service during any earlier such period has", 38 USC 1802. (b) Subsection (b) of such section is amended— (1) in the firsit sentence, by inserting " (A) " after "(1)", redesignating clause (2) as subclause (B), and redesignating clause (3) as clause (2); and (2) in the second sentence, by striking out "clauses (1) and (2) above" and inserting in lieu thereof "clause (1) of the preceding sentence".

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 92 STAT. 1498

PUBLIC LAW 95-476—OCT. 18, 1978 BASIC LOAN GUARANTY PROGRAM

38 USC 1803.

' '' 38 USC 1810.

-

SEC. 103. (a) Subsection (a)(1) of section 1803 is amended by striking out "World War II or Korean conflict veteran" and inserting in lieu thereof "veteran eligible for benefits under this chapter", (b) Subsection (c) of such section is amended— (1) by adding ait the end of paragraph (1) the following new sentence: "In establishing rates of interest under this paragraph for one or more of the purposes described in clauses (4) and (7) of section 1810(a) of this title, the Administrator may establish a rate or rates higher than the rate specified for other purposes under such section, but any such rate may not exceed such rate as the Administrator may from time to time find the loan market demands for loans for such purposes."; and ' (2) by striking out "section 1810(a)(4)" in paragraph_(3)(B) and inserting in lieu thereof "clauses (4) and (7) of section 1810 (a) of this title". PURPOSES FOR W H I C H HOME LOANS MAY BE GUARANTEED

38 USC 1810.

Definitions.

SEC. 104. Section 1810 is amended— (1) by striking out clause (6) in subsection (a) and inserting in lieu thereof the following new clause: "(6) To purchase a one-family residential unit in a condominium housing development or project, if such development or project is approved by the Administrator under criteria which . the Administrator shall prescribe in regulations."; (2) by inserting after such clause the following new clause: "(7) To improve a dwelling or farm residence owned by the veteran and occupied by the veteran as the veteran's home through the installation of a solar heating system, a solar heating and cooling system, or a combined solar heating and cooling system or through the application of a residential energy conservation measure."; and (3) by adding at the end of such section the following new subsection: "(d) For the purposes of subsection (a)(7) of this section: ,.; "(1) The term 'solar heating' has the meaning given such term in section 3(1) of the Solar Heating and Cooling Demonstration , Act of 1974 (42 U.S.C. 5502(1)) and, in addition, includes a passive system based on conductive, convective, or radiant energy • transfer. "(2) The terms 'solar heating and cooling' and 'combined solar heating and cooling' have the meaning given such terms in section 3 (2) of the Solar Heating and Cooling Demonstration Act of 1974 (42 U.S.C. 5502(2)) and, in addition, include a passive system based on conductive, convective, or radiant energy transfer. "(3) The term 'passive system' includes window and skylight glazing, thermal floors, walls, and roofs, movable insulation panels (when in conjunction with glazing), portions of a residential structure that serve as solar furnaces so as to add heat to the structure, double-pane window insulation, and such other energyrelated components as are determined by the Administrator to enhance the natural transfer of energy for the purpose of heating or heating and cooling a residence.

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 PUBLIC LAW 95-476—OCT. 18, 1978

92 STAT. 1499

"(4) The term 'residential energy conservation measure' means— "(A) caulking and weatherstripping of all exterior doors and windows; " (B) furnace efficiency modifications limited to— " (i) replacement burners, boilers, or furnaces designed to reduce the firing rate or to achieve a reduction in the amount of fuel consumed as a result of increased combustion efficiency, "(ii) devices for modifying flue openings which will increase the efficiency of the heating system, and "(iii) electrical or mechanical furnace ignition systems which replace standing gas pilot lights; "(C) clock thermostats; "(D) ceiling, attic, wall, and floor insulation; " (E) water heater insulation; " (F) storm windows and doors; "(G) heat pumps; and " (H) such other energy conservation measures as the Administrator may identify for the purposes of this clause.". AMOUNT o r

VETERANS' ADMINISTRATION LOAN GUARANTIES AND DIRECT

LOANS FOR PURCHASE OR CONSTRUCTION OF HOMES

SEC. 105. (a) Section 1810(c) is amended by striking out "$17,500" 38 USC 1810. and inserting in lieu thereof "$25,000". (b)(1) Subparagraph (A) of section 1811(d)(2) is amended by 38 USC 1811. striking out "$17,500" both places it appears and inserting in lieu thereof "$25,000". (2) Subparagraph (B) of such section is amended by striking out "specified by the Administrator" and all that follows in such subparagraph and inserting in lieu thereof "that bears the same ratio to $33,000 as the amount of guaranty to which the veteran is entitled under such section at the time the loan is made bears to $17,500. The amount of the guaranty entitlement under section 1810(c) of this title of any veteran who is granted a loan under this section, or who before the date of the enactment of the Veterans' Housing Benefits Act of 1978 was granted a loan under this section, shall be charged with the amount that bears the same ratio to $17,500 as the amount of the loan bears to $33,000.". ••:}'•••<

ELIGIBILITY FOR HOME LOANS FOR VETERANS WHO SERVED AFTER JANUARY 31, 1955

SEC. 106. (a) Section 1818 is amended— 38 USC 1818. (1) by inserting "and prior to August 5, 1964, or after May 7, 1975," in subsection (a) after "January 31, 1955,"; (2) by striking out "active duty after such date" in subsection (a)(3) and inserting in lieu thereof "such active duty"; (3) by inserting "the provisions of section 1802(a) of this 38 USC 1802. title and" in subsection (a) after "subject to"; (4) by striking out subsection (b) and redesignating subsection (c) as subsection (b); and (5) by striking out "Veterans who serve after.Tanuary 31, 1955" in the catchline and inserting in lieu thereof "Service after January 31, 1955, and prior to August 5, 1964, or after May 7, 1975".

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Page:United States Statutes at Large Volume 92 Part 2.djvu/220

 92 STAT. 1500 38 USC 1818.

PUBLIC LAW 95-476—OCT. 18, 1978 (b) The item relating to section 1818 in the table of sections at the beginning of clrapter 37 is amended to read as follows: "1818. Service after January 31, 1955, and prior to August 5, 1964, or after May 7, 1975.". MOBILE HOME AND MOBILE H O M E LOT LOANS

38 USC 1819.

38 USC 1802. •'

SEC. 107. (a) Subsections (a) and (b) of section 1819 are amended to read as follows: "(a)(1) Notwithstanding any other provision of this chapter, any loan to a veteran eligible for the benefits of this chapter, if made pursuant to the provisions of this section, may be guaranteed if such loan is for one of the following purposes: " (A) To purchase a lot on which to place a mobile home already owned by the veteran. "(B) To purchase a single-wide mobile home. "(C) To purchase a single-wide mobile home and a lot on which to place such home. " (D) To purchase a double-wide mobile home. " (E) To purchase a double-wide mobile home and a lot on which to place such home. "(2) A loan for any of the purposes described in paragraph (1) of this subsection may include an amount determined by the Administrator to be appropriate to cover the cost of necessary preparation of a lot already owned or to be acquired by the veteran, including the costs of installing utility connections and sanitary facilities, of paving, and of constructing a suitable pad for the mobile home. " (8) Any loan made for the purposes described in clause (C) or (E) of paragraph (1) of this subsection shall be considered as part of one loan. The transaction may be evidenced by a single loan instrument or by separate loan instruments for (A) that portion of the loan which finances the purchase of the mobile home, and (B) that portion of the loan which finances the purchase of the lot and the necessary preparation of such lot. "(b)(1) Use of entitlement under this section for the purchase of a mobile home unit shall preclude the use of remaining entitlement for the purchase of an additional mobile home unit until the unit which se/cured the loan has been disposed of by the vetemn or has been destroyed by fire or other natural hazard. " (2) The Administrator shall restore entitlement to all loan guaranty benefits under this chapter for the veteran when the conditions prescribed in section 1802(b) of this title have been met.". (b)(1) Paragraph (1) of siibsection (c) of such section is amended to read as follows: " (1) Ix)ans for any of the purposes authorized by subsection (a) of this section shall be submitted to the Administrator for approval prior to the closing of the loan, except that the Administrator may exempt any lender of a class listed in section 1802(d) of this title from compliance with such prior approval requirement if the Administrator determines that the experience of such lender or class of lenders in mobile home financing warrants such exemption.". (2) Paragraph (3) of such subsection is amended by striking out the first sentence and inserting in lieu thereof the following new sentences: "The Administrator's guaranty may not exceed the lesser of 50 per centum of the loan amount or the maximum loan guaranty entitlement available, not to exceed $17,500. Payment of a claim under

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 PUBLIC LAW 95-476—OCT. 18, 1978

92 STAT. 1501

such guaranty shall be made only after liquidation of the security for the loan and the filing of an accounting with the Administrator.". (3) Such subsection is further amended by adding at the end thereof the following new paragraph: "(4) The amount of guaranty entitlement available to a veteran under this section shall not be more than $17,500, less the amount of any such entitlement as may have been used under this section. Use of entitlement under section 1810 or 1811 of this title shall reduce entitle- 38 USC 1810, ment available for use under this section to the same extent that ^^^1entitlement available under such section 1810 is reduced below $17,500.". (c) Subsection (d) of such section is amended to read as follows: 38 USC 1802. "(d)(1) The maturity of any loan guaranteed under this section shall not be more than— "(A) fifteen years and thirty-two days, in the case of a loan for the purchase of— "(i) alot; " (ii) a single-wide mobile home; or "(iii) a single-wide mobile home and alot; or "(B) twenty years and thirty-two days, in the case of a loan for the purchase of— "(i) a double-wide mobile home; or " (ii) a double-wide mobile home and a lot. "(2) Nothing in paragraph (1) of this subsection shall preclude the Administrator, under regulations which the Administrator shall prescribe, from consenting to necessary advances for the protection of the security or the holder's lien, to a reasonable extension of the term of such loan, or to a reasonable reamortization of such loan.". (d) Clause (4) of subsection (e) of such section is amended to read as follows: "(4) the amount of the loan to be paid by the veteran is not in excess of the amount determined to be reasonable, based upon— "(A) with respect to any portion of the loan to purchase a new mobile home, such cost factors as the Administrator considers proper to take into account; "(B) with respect to any portion of the loan to purchase a used mobile home, the reasonable value of the property, as determined by the Administrator; "(C) with respect to any portion of the loan to purchase a lot, the reasonable value of such lot, as determined by the Administrator; and "(D) with respect to any portion of the loan to cover the cost of necessary site preparation, an appropriate amount, as determined by the Administrator;". (e) Such section is further amended by striking out subsection (g) and by redesignating subsections (h), (i), (j), (k), (1), (m), and (n) as subsections (g), (h), (i), (j), (k), (1), and (m). respectively. (f) Subsection (h) of such section (as redesignated by subsection (e) of this section) is amended (1) by inserting " (1) " before "No loan", (2) by striking out the third sentence of such subsection, and (3) by addin<T at the end thereof the following new paragraph: " (2)(A) For the purpose of assuring compliance with the standards Inspection, prescribed under paragraph (1) of this subsection, the Administrator shall from time to time inspect the manufacturing process of manufacturers of mobile homes sold to veterans utilizing assistance under this chapter. For the purpose stated in the preceding sentence and for

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 92 STAT. 1502

Delegation to HUD Secretary.

1 '

PUBLIC LAW 95-476—OCT. 18, 1978 the additional purpose of monitoring safety factors involved in the installation of mobile homes purchased through the utilization of assistance under this chapter, the Administrator shall from time to time conduct random onsite inspections of mobile homes purchased through the utilization of such assistance. " (B) The Administrator may, with the agreement of the Secretary ^f Housing and Urban Development, delegate to the Secretary of Housing and Urban Development the duty of the Administrator under subparagraph (A) of this paragraph to inspect the manufacturing process of manufacturers of mobile homes, but any such delegation shall be subject to an agreement that the Secretary of Housing and Urban Development, upon the request of the Administrator, shall promptly provide the Administrator with the complete results of any inspection made by the Secretary pursuant to such delegation. The Administrator shall have the right to withdraw any delegation under the preceding sentcn^'o at any time and in whole or in part."'. (g)(1) Subsections (i), (j), and (1) of such section (as redesignated by subsection (e) of this section) are amended by striking out "subsection (i) " each place it appears and inserting in lieu thereof "subsection (h)". (2) Subsection (1) of such section (as redesignated by subsection (e) of this section) is amended by striking out "subsection (j) " and inserting in lieu thereof "subsection (i)". EFFECTIVE DATES

38 USC 1802 note.

SEC. 108. (a) Except as provided in subsection (b) of this section, the amendments made by this title shall take effect on October 1, 1978. (b) The amendment made by clause (1) of section 104 of this title shall take effect on July 1, 1979, except with respect to the authority to prescribe regulations for the implementation of such amendment, which shall be effective on the date of the enactment of this Act. TITLE II—MISCELLANEOITS PROVISIONS EDUCATION LOAN PROGRAM ELIGIBILITY AND REPORTS ON DEFAULT EXPERIENCE

38 USC 1798.

Report to congressional committees.

SEC. 201. Section 1798 is amended— (1) by inserting "and the criteria established under subsection (g) of this section" before the period at the end of subsection (a); (2) in subsection (c) — (A) by striking out "and" at the end of clause (1); (B) by striking out the period at the end of clause (2) and inserting in lieu thereof a semicolon and "and"; and (C) by inserting after clause (2) the following new clause: "(3) satisfies any criteria established under subsection (g) of this section."; (3) in subsection (d)(1) — (A) by inserting " (A) " before "over"; and (B) by inserting a comma and "or (B) over such shorter period as the Administrator may have prescribed under subsection (g) of this section" after "such date"; (4) by striking out paragraph (3) of subsection (e) and inserting in lieu thereof the following: "(3) The Administrator shall submit to the appropriate committees of the Congress not later than December 31 of each year a report on the

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 PUBLIC LAW 95-476—OCT. 18, 1978

92 STAT. 1503

current results of the continuing review required by subsection (g)(1) of this section to be made regarding the default experience with respect to loans made under this section and any steps being taken to reduce default rates on such loans. Such report shall include in maximum feasible detail— " (A) d a t a regarding the cumulative default experience, and the default experience during the preceding fiscal year, with respect to such loans; " (B) data regarding the default experience and default rate at each educational institution (i) with respect to loans made under this section in connection with accelerated payments under section 1682A of this title, and (ii) with respect to other loans 38 USC 1682A. made under this section; and " (C) comparisons of the collective default experience and default rates with respect to such loans at all such institutions to the default experience and default rates with respect to such loans at each such institution."; (5) by striking out "1701(1)" in subsection (f)(3) and inserting in lieu thereof " 1 7 0 1 (a)(1) "; and (6) by adding after subsection (f) the following new subsection: " (g)(1) The Administrator shall conduct, on a continuing basis, a review of the default experience wuth respect to loans made under this section. " (2)(A) To ensure that loans are made under this section on the Regulations, basis of financial need directly related to the costs of education, the Administrator may, by regulation, establish (i) criteria for eligibility for such loans, in addition to the criteria and requirements prescribed by subsections (c) and (d) of this section, in order to limit eligibility for such loans to eligible veterans and eligible persons attending educational institutions with relatively high rates of tuition and fees, and (ii) criteria under which the A d m i n i s t r a to r may prescribe a repayment perod for certain types of loans made under this section that is shorter than the repayment period otherwise applicable under subsection (d)(1)(A) of this section. Criteria established by the A d m i n i s t r a to r under clause (i) of the preceding sentence may include a minimum amount of tuition and fees that an eligible veteran or eligible person may pay in order to be eligible for such a loan (except that any such criterion shall not apply with respect to a loan for which the veteran is eligible as a result of an extension of the period of eligibility of such veteran for loans under this section provided for by section 1662(a)(2) of this title). 38 USC 1662. " (B) I n prescribing regulations under subparagraph (A)" of this paragraph, the Administrator shall take into consideration information developed in the course of the review required by paragraph (1) of this subsection. " (C) Regulations may be prescribed under subparagraph (A) of this paragraph only after opportunity has been afforded for public comment thereon.". BUBIAL BENEFITS

SEC. 202. (a) Subsection (b) of section 903 is amended to read as 38 USC 903. follows: " (b) I n addition to the benefits provided for under section 902 of 38 USC 902. this title and subsection (a) of this section, in the case of a veteran who is eligible for a burial allowance under such section 902, or under

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 92 STAT. 1504

PUBLIC LAW 95-476—OCT. 18, 1978 such subsection, and who is not buried in a national cemetery or other cemetery under the jurisdiction of the United States— "(1) if such veteran is buried (without charge for the cost of a plot or interment) in a cemetery, or a section of a cemetery, that (A) is used solely for the interment of persons eligible for burial in a national cemetery, and (B) is owned by a State or by an agency or political subdivision of a State, the Administrator shall pay to such State, agency, or political subdivision the sum of $150 as a plot or interment allowance for such veteran; and "(2) if such veteran is buried in a cemetery, or a section of a cemetery, other than as described in clause (1) of this subsection, the Administrator shall pay a sum not exceeding $150 as a plot or interment allowance to such person as the Administrator prescribes, except that if any part of the plot or interment costs of a burial to which this clause applies has been paid or assumed by a State, an agency or political subdivision of a State, or a former employer of the deceased veteran, no claim for such allowance shall be allowed for more than the difference between the entire amount of the expenses incurred and the amount paid or assumed by any or all of the foregoing entities.", (b)(1) Chapter 24 is amended by adding at the end thereof the following new section:

38 USC 1008. Grants.

Appropriation authorization.

"(a)(1) Subject to subsection (b) of this section, the Administrator may make grants to any State to assist such State in establishing, expanding, or improving veterans' cemeteries owned by such State. Any such grant may be made only upon submission of an application to the Administrator in such form and manner, and containing such information, as the Administrator may require. "(2) There is authorized to be appropriated $5,000,000 for fiscal year 1980 and for each of the four succeeding fiscal years for the purpose of making grants under paragraph (1) of this subsection. "(b) Grants under this section shall be subject to the following conditions: "(1) No State may receive grants under this section in any fiscal year in a total amount in excess of 20 per centum of the total amount appropriated for such grants for such fiscal year. " (2) The amount of any grant under this section may not exceed an amount equal to 50 per centum of the total of the value of th-^ land to be acquired or dedicated for the cemetery and the cost of the improvements to be made on such land, with the remaining amount to be contributed by the State receiving the grant. " (3) If at the time of a grant under this section the State receiving the grant dedicates for the purposes of the cemetery involved land already owned by the State, the value of such land may be considered in determining the amount of the State's contribution under paragraph (2) of this subsection, but the value of such land may not be used for more than an amount equal to 50 per ceiitum of the amount of such contribution and may not be used as part of such State's contribution for any subsequent grant under this section. " (4) If a State that has received a grant under this section to establish, expand, or improve a veterans' cemetery ceases to own such cemetery, ceases to operate such cemetery as a veterans' cem-
 * § 1008. Aid to States for establishment, expansion, and improvement of veterans* cemeteries

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92 STAT. 1505

etery, or uses any part of the funds provided through such grant for a purpose other than that for which the grant was made, the United States shall be entitled to recover from such State the total of all grants made under this section to such State in connection with such cemetery. "(c)(1) In addition to the conditions specified in subsection (b) of this section, any grant to a State under this section to assist such State in establishing a veterans' cemetery shall be made on the condition that such cemetery shall conform to such standards and guidelines relating to site selection, planning, and construction as the Administrator may by regulation prescribe. In prescribing regulations for the purposes of the preceding sentence, the Administrator shall take into account the standards and guidelines for site selection, planning, and construction that are applicable to cemeteries in the National Cemetery System, including those provided in subsections (b), (c), and (d) of section 1004 of this title. 38 USC 1004. "(2) The Administrator may by regulation prescribe such additional terms and conditions for grants under this section as the Administrator considers appropriate. "(d) Sums appropriated under subsection (a) of this section shall remain available until the end of the second fiscal year following the fiscal 3^ear for which they are appropriated. If all funds from a grant under this section have not been utilized by a State for the purpose for which the grant was made within three years after such grant is made, the United States shall be entitled to recover any such unused grant funds from such State.". (2) The table of sections at the beginning of chapter 24 is amended by adding at the end thereof the following new item: "1008. Aid to states for establishment, expansion, and improvement of veterans' cemeteries.". HEADSTONES AND MARKERS

SEC, 203. (a) Section 906 is amended by adding at the end thereof 38 USC 906. the following new subsections: "(c) A headstone or marker furnished under subsection (a) or (b) of this section may be of any material, including but not limited to marble, granite, bronze, or slate, requested by the person entitled to request such headstone or marker if the material requested is determined by the Administrator (1) to be cost effective, and (2) in a case in which the headstone or marker is to be placed in a national cemetery, to be aesthetically compatible with the area of the cemetery in which it is to be placed. "(d) In lieu of furnishing a headstone or marker under subsection (a)(2) or (b) of this section, the Administrator, in the Administrator's discretion, having due regard for the circumstances in each case, may reimburse the person entitled to request such headstone or marker for the actual costs incurred by or on behalf of such person in acquiring a non-Government headstone or marker for placement in any cemetery other than a national cemetery in connection with the burial or memorialization of the deceased individual. Eeimbursement under the preceding sentence may be made only upon the request of the person entitled to request the headstone or marker and may not be made in an amount in excess of the average actual cost, as determined by the Administrator, of headstones and markers furnished under subsections (a) and (b) of this section.".

39-194 O—80—pt. 2

15: QL3

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 92 STAT. 1506 38 USC 902.

PUBLIC LAW 95-476—OCT. 18, 1978 (b) Section 902 is amended— (1) by striking out "in his discretion" in subsection (a) and inserting in lieu thereof "in the Adminstrator's discretion"; (2) by striking out "as he prescribes" in subsection (a) and inserting in lieu thereof "as the Administrator prescribes"; and (3) by striking out "his death" in subsection (b) and inserting in lieu thereof "the death of such veteran". TECHNICAL AMENDMENTS TO LAW N A M I N G A CERTAIN V E T E R A N S ' ADMINISTRATION HOSPITAL

Ante, p. 518.

SEC. 204. Section 203 of Public Law 95^353 is amended— (1) by striking out "designed" in the first sentence and inserting in lieu thereof "designated"; and (2) by inserting "map, record," in the second sentence after "document,". EFFECTIVE DATES

38 use903 note.

SEC. 205. (a) Except as provided in subsection (b), the amendments made by this title shall take effect on the date of the enactment of this Act. (b) The amendment made by section 202(a) of this title shall take effect on October 1, 1978. Approved October 18, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1332 (Coram, on Veterans' Affairs). SENATE REPORT No. 95-1055 (Comm. on Veterans' Affairs). CONGRESSIONAL RECORD, VoL 124 (1978): July 17, considered and passed House. Aug. 7, considered and passed Senate, amended. Sept. 28, House agreed to Senate amendents with amendments. Oct. 2, Senate concurred in House amendments. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol 14, No. 42: Oct. 18, Presidential statement.

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 PUBLIC LAW 95-477—OCT. 18, 1978

92 STAT. 1507

Public Law 95-477 95th Congress An Act To authorize appropriations for environmental research, development, and demonstrations for the fiscal year 1979, and for other purix^es.

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

1. This Act may be cited as the "Environmental Research, Development, and Demonstration Authorization Act of 1979". SECTION

Oct. 18, 1978 [H.R. 11302]

Environmental Research, Development, and Demonstration Authorization Act of 1979.

TROGRAM AUTHORIZATIONS

SEC. 2. (a) Theie are authorizexi to be appropriated to the Environmental Protection Agency for environmental research, development, and demonstration activities for the fiscal year 1979 for the following activities: (1) $82,925,000 for water quality activities authorized under the Federal Water Pollution Control Act of which— (A) $24,001,000 is for the Health and Ecological Effects program; (B) $11,875,000 is for the Industrial Processes program; (C) $5,539,000 is for the Monitoring and Technical Support program; (D) $12,000,000 for the Public Sector Activities program; and (E) $29,510,000 is for the Energy program. (2) $11,998,000 for activities authorized under the Federal Insecticide, Fungicide, and Rodenticide Act of which— (A) $10,798,000 is for the Health and Ecological Effects program; and (B) $1,200,000 is for ihe> Industrial Processes program. (3) $20,150,000 for water supply activities authorized under the Safe Drinking Water Act in the Public Sector Activities program, including groundwater research. (4) $12,782,000 for toxic substance control activities authorized under the Toxic Substances Control Act of which— (A) $8,862,000 is for the Health and Ecological Effects program; (B) $720,000 is for the Industrial Processes program; and (C) $3,200,000 is for the Monitoring and Technical Support program. (51 $2,500,000 for radiation activities authorized under the Public Health Act, in the Health and Ecological Effects program. (6) $159,962,000 for air quality activities authorized under the Clean Air Act of which— (A) $37,414,000 is for the Health and Ecological Effects program; (B) $6,000,000 is for the Industrial Processes program;

33 USC 1251 note.

7 USC 136 note.

42 USC 300f note. 15 USC 2601 note.

42 USC 201 note. 42 USC 1857 note.

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PUBLIC LAW 95-477—OCT. 18, 1978

(C) $16,283,000 is for the Monitoring and Technical Support program; and (D) $100,255,000 is for the Energy program. (7) $11,912,000 for solid waste activities authorized under the Resource Conservation and Recovery Act in the Public Sector 42 USC 6901 note. Activities program. (8) $4,000,000 for noise control activities authorized under the 42 USC 4901 Noise Control Act of which— note. (A) $2,000,000 is for the Health and Ecological Effects program; and (B) $2,000,000 is for the I n d u s t r i a l Processes program. (9) $36,285,000 for intermedia activities of which— (A) $7,500,000 is for the Health and Ecological Effects program; (B) $25,000 is for the Public Sector Activities program; (C) $14,900,000 is for the Monitoring and Technical Supp o r t program; and (D) $13,860,000 is for the Anticipatory Research program. (b) There is authorized to be appropriated to the Environmental Protection Agency, Office of Research and Development, for the fiscal year 1979, for program management and support, $23,060,000. Transfer of funds, (c) No funds may be transferred from any particular category restriction. listed in subsection (a) or (b) to any other category or categories listed in either such subsection if the total of the funds so transferred from that particular category would exceed 10 per centum thereof, and no funds may be transferred to any particular category listed in subsection (a) or (b) from any other category or categories listed in either such subsection if the total of the funds so transferred to that particular category would exceed 10 per centum thereof, unless— (1) a period of thirty legislative days has passed after the Administrator of the Environmental Protection Agency or his designee has transmitted to the Speaker of the House of Representatives and to the President of the Senate a written report con. taining a full and complete statement concerning the nature of the transfer involved and the reason therefor; or (2) each committee of the House of Representatives and the Senate having jurisdiction over the subject matter iuArolved, before the expiration of such period, has transmitted to the Administrator written notice to the effect that such committee has no objection to the proposed action. Pollution control (d)(1) The Administrator shall continue to be responsible for contechnologies ducting and shall continue to conduct full scale demonstrations of demonstrations. energy-related pollution control technologies as nex?essary in his 42 USC 4363a. judsrment to fulfill the provisions of the Clean A i r Act as amended, 33 USC 1251 the Federal W a t e r Pollution Control Act as amended, and othei- pertinote. nent pollution control statutes. (2) Energy-related environmental protection projects which were authorized to be administered by the Environmental Protection Agency in fiscal year 1978 shall not be transferred administratively or through budget amendment to the Department of Energy, nor shall funding for future years for the Environmental Protection Agency foi- such projects under this Act be reduced as a result of any present or proposed administrative or budget transfer. No action shall be taken through administrative or budgetary means to diminish the ability of the Environmental Protection Agency to initiate such projects.

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 PUBLIC LAW 95-477—OCT. 18, 1978

92 STAT. 1509

SPECIAL AUTHORIZATIONS

SEC. 3. (a)(1) There is authorized to be appropriated to the Environ- Grants. mental Protection Agency for the fiscal year 1979, for grants for longterm environmental research programs at universities or other such research institutions, $7,000,000. (2) These grants are for the purpose of developing continuing centers for environmental research and training in the engineering, physical, natural, health, and social sciences. (b) There is authorized to be appropriated to the Environmental Protection Agency for the fiscal year 1979, to implement the study authorized in section 408(d) of the Clean Air Act Amendments of 42 USC 7401 1977 (Public Law 95-95), $3,000,000. (c)(1) There is authorized to be appropriated to the Environmental note. Protection Agency for the fiscal year 1979, $1,000,000, and for the Study and report. fiscal year 1980, $1,000,000, for a study and report, to be conducted 42 USC 4366 note. outside the Federal Government, on (A) coordination of the Federal Government's efforts in environmental research, development, and demonstration, and (B) the application of the results of such efforts to environmental problems. (2) The study shall be conducted under a contract let by the Admin- Contract. istrator. Such contract shall (A) be developed in consultation with an interagency advisory committee whose membership includes representatives of the Office of Management and Budget and of all agencies conducting or using the results of environmental research, and (B) provide for an oversight and review role by the National Academy of Sciences. (3) The study shall conclude with a report to be submitted to the Submittal to President, the Administrator, and the Congress within two years after President, the date of the enactment of this Act. The report shall include recom- Administrator, mendations for action by the President, the Administrator, other and Congress. agencies, or the Congress, as may be appropriate. (4) The report shall not be subject to any prior clearance or review (except as specifically provided in this subsection), nor shall any such prior clearance be a part of the contract let under paragraph (2). (d)(1) There is authorized to be appropriated to the Environmental Grants. Protection Agency, for grants to qualified citizens groups in States 42 USC 4368. and regions, $3,000,000. (2) Grants under this subsection may be made for the purpose of supporting and encouraging participation by qualified citizens groups in determining how scientific, technological, and social trends and changes affect the future environment and quality of life of an area, and for setting goals and identifying measures for improvement. (8) The term "(Qualified citizens group'' shall mean a nonprofit "Qualified organization of citizens having an area based focus, which is not single- citizens group. i^sue oriented and which can demonstrate a prior record of interest and involvement in goal-setting and research concerned with improving the quality of life, including plans to identify, protect and enhance significant natural and cultural resources and the environment. (4) A citizens group shall be eligible for assistance only if certified Eligible group by the Governor in consultation with the State legislature as a bona- certification. fide organization entitled to receive Federal assistance to pursue the aims of this program. The group shall further demonstrate its capacity to employ usefully the funds for the purposes of this program and its broad-based representative nature.

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