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42 USC 1487.

Regulations. Marketing.

PUBLIC LAW 99-272—APR. 7, 1986

agreements for the benefit of the borrower under the loan that provide that— "(A) the purchaser or any assignee of the loan shall not diminish any substantive or procedural right of the borrower arising under this title; "(B) upon any substantial default of the borrower, but prior to foreclosure, the loan shall be assigned to the Secretary for the purpose of avoiding foreclosure; and "(C) following any assignment under subparagraph (B) and before commencing any action to foreclose or otherwise dispossess the borrower, the Secretary shall afford the borrower all substantive and procedural rights arising under this title, including consideration for interest subsidy, moratorium, reamortization, refinancing, and appeal of any adverse decision to an impartial officer. "(4) From the proceeds of loan sales under paragraph (2), the Secretary shall set aside as a reserve against future losses not less than 5 percent of the outstanding face amount of the loans held by the public at any time.". (d) U S E OF RURAL HOUSING INSURANCE FUND.—Section 517(j) of the Housing Act of 1949 is amended— (1) by striking out "and" at the end of paragraph (4); (2) by striking out the period at the end of paragraph (5) and inserting in lieu thereof "; and"; and (3) by adding at the end thereof the following new paragraph: "(6) to make payments and take other actions in accordance with agreements entered into under paragraphs (2) and (3) of subsection (d).". (e) ELIGIBILITY FOR GUARANTEED LOANS.—Section 517 of the Housing Act of 1949 is amended by striking out subsection (n). O REGULATIONS.—Section 517(o) of the Housing Act of 1949 is D amended— (1) by inserting "(1)" after the subsection designation; and (2) by adding at the end thereof the following new paragraph: "(2) Not later than the expiration of the 90-day period following the date of the enactment of the Housing and Community Development Reconciliation Amendments of 1985, the Secretary shall issue regulations to facilitate the marketability in the secondary mortgage market of loans insured or guaranteed under this section. Such regulations shall ensure that such loans are competitive with other loans and mortgages insured or guaranteed by the Federal Government.". SEC. 3007. EXTENSION OF FEDERAL HOUSING ADMINISTRATION MORTGAGE INSURANCE PROGRAMS.

12 USC 1703.

(^) TITLE I INSURANCE.—Section 2(a) of the National Housing Act

is amended by striking out "prior to December 16, 1985" in the first sentence and inserting in lieu thereof "not later than March 17, 1986". (b) GENERAL INSURANCE.—Section 217 of the National Housing

12 USC I7l5h.

Act is amended by striking out "December 15, 1985" and inserting in lieu thereof "March 17, 1986". (c) LOW AND MODERATE INCOME HOUSING INSURANCE.—Section

12 USC 1715/.

221(f) of the National Housing Act is amended by striking out "December 15, 1985" in the fifth sentence and inserting in lieu thereof"Marchl7, 1986". (d) SECTION 235 HOMEOWNERSHIP.—

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100 STAT. 105

(1) ASSISTANCE PAYMENTS AUTHORITY.—Section 235(h)(1) of the

National Housing Act is amended by striking out "December 15, 12 USC 1715z. 1985" in the last sentence and inserting in lieu thereof "March 17, 1986". (2) INSURANCE AUTHORITY.—Section 235(m) of the National Housing Act is amended by striking out "December 15, 1985" and inserting in lieu thereof "March 17, 1986". (3) HOUSING STIMULUS AUTHORITY.—Section 235(q)(l) of the

National Housing Act is amended by striking out "December 15, 1985" in the last sentence and inserting in lieu thereof "March 17, 1986". (e) CO-INSURANCE.— (1) GENERAL AUTHORITY.—Section

244(d) of the National Housing Act is amended by striking out "December 15, 1985" and 12 USC l715z-9. inserting in lieu thereof "March 17, 1986". (2) RENTAL REHABILITATION AND DEVELOPMENT PROJECTS.—Sec-

tion 244(h) of the National Housing Act is amended by striking out "on or after December 16, 1985" in the last sentence and inserting in lieu thereof "after March 17, 1986". (f) GRADUATED PAYMENT AND INDEXED MORTGAGE INSURANCE.—

Section 245(a) of the National Housing Act is amended by striking 12 USC out "December 15, 1985" in the last sentence and inserting in lieu I7l5z-10. thereof "March 17, 1986". (g) REINSURANCE CONTRACTS.—Section 249(a) of the National

Housing Act is amended by striking out "December 15, 1985" in the 12 USC second sentence and inserting in lieu thereof "March 17, 1986". I7l5z-14. (h) ARMED SERVICES HOUSING INSURANCE.— (1) CIVILIAN EMPLOYEES OF ARMED FORCES.—Section

809(f) of the National Housing Act is amended by striking out "Decem- 12 USC I748h-1. ber 15, 1985" in the last sentence and inserting in lieu thereof "March 17, 1986". (2) DEFENSE HOUSING FOR IMPACTED AREAS.—Section 810(k) of the National Housing Act is amended by striking out "Decem- 12 USC l748h-2. ber 15, 1985" in the last sentence and inserting in lieu thereof "March 17, 1986".

(i) LAND DEVELOPMENT INSURANCE.—Section 1002(a) of the Na-

tional Housing Act is amended by striking out "December 15, 1985" 12 USC I749bb. in the last sentence and inserting in lieu thereof "March 17, 1986". (j) GROUP PRACTICE FACILITIES INSURANCE.—Section 1101(a) of the National Housing Act is amended by striking out "December 15, 12 USC I749aaa. 1985" in the last sentence and inserting in lieu thereof "March 17, 1986". SEC. 3008. EXTENSION OF REHABILITATION LOAN AUTHORITY.

Section 312(h) of the Housing Act of 1964 is amended— 42 USC 1452b. (1) by striking out "December 15, 1985" and inserting in lieu thereof "March 17, 1986"; and (2) by striking out "prior to December 16, 1985" and inserting in lieu thereof "on or before such date". SEC. 3009. EXTENSION OF RURAL HOUSING AUTHORITIES. (a) RENTAL HOUSING LOAN AUTHORITY.—Section 515(b)(4) of the

Housing Act of 1949 is amended by striking out "December 15, 1985" 42 USC 1485. and inserting in lieu thereof "March 17, 1986". (b) RURAL AREA CLASSIFICATION.—Section 520 of the Housing Act

of 1949 is amended by striking out "December 15, 1985" in the last 42 USC 1490. sentence and inserting in lieu thereof "March 17, 1986".

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PUBLIC LAW 99-272—APR. 7, 1986 (c) MUTUAL AND SELF-HELP HOUSING GRANT AND LOAN AUTHOR-

42 USC 1490c.

ITY.—Section 523(0 of the Housing Act of 1949 is amended by striking out "December 15, 1985" and inserting in lieu thereof "March 17, 1986". SEC. 3010. EXTENSION OF FLOOD AND CRIME INSURANCE PROGRAMS. (a) FLOOD INSURANCE.— (1) GENERAL AUTHORITY.—Section 1319 of the National Flood

42 USC 4026. 42 USC 4056.

42 USC 4101.

Insurance Act of 1968 is amended by striking out "December 15, 1985" and inserting in lieu thereof "March 17, 1986". (2) EMERGENCY IMPLEMENTATION.—Section 1336(a) of the National Flood Insurance Act of 1968 is amended by striking out "December 15, 1985" and inserting in lieu thereof "March 17, 1986". (3) ESTABLISHMENT OF FLOOD-RISK ZONES.—Section 1360(a)(2) of the National Flood Insurance Act of 1968 is amended by striking out "December 15, 1985" and inserting in lieu thereof "March 17, 1986". (b) CRIME INSURANCE.—Section 1201(b)(1) of the National Housing

12 USC 1749bbb.

Act is amended by striking out "December 15, 1985" in the matter preceding subparagraph (A) and inserting in lieu thereof "March 17, 1986". SEC. 3011. MISCELLANEOUS EXTENSIONS. (a) COMMUNITY DEVELOPMENT BLOCK GRANT CLASSIFICATIONS.— (1) METROPOLITAN CITY.—Section 102(a)(4) of the Housing and

42 USC 5302.

Community Development Act of 1974 is amended by striking out "December 15, 1985" in the second sentence and inserting in lieu thereof "March 17, 1986". (2) URBAN COUNTY.—Section 102(a)(6) of the Housing and

Community Development Act of 1974 is amended by striking out "December 15, 1985" in the second sentence and inserting in lieu thereof "March 17, 1986". (b) SECTION 202 INTEREST RATE LIMITATION.—Section 223(a)(2) of 12 USC 1701q note.

12 USC 2811.

the Housing and Urban-Rural Recovery Act of 1983 is amended by striking out "prior to December 16, 1985" and inserting in lieu thereof "not later than March 17, 1986". (c) HOME MORTGAGE DISCLOSURE ACT OF 1975.—Section 312 of the Home Mortgage Disclosure Act of 1975 is amended by striking out "December 16, 1985" and inserting in lieu thereof "March 17, 1986".

TITLE IV—TRANSPORTATION AND RELATED PROGRAMS Amtrak Reauthorization Act of 1985. 45 USC 501 note.

Subtitle A—Railroads SEC. 4001. SHORT TITLE.

This subtitle may be cited as the "Amtrak Reauthorization Act of 1985". SEC. 4002. AUTHORIZATION OF APPROPRIATIONS.

(a) AUTHORIZATION.—Section 601(b)(2) of the Rail Passenger Service Act (45 U.S.C. 601(b)(2)) is amended— (1) in subparagraph (A) by striking out "and" after "403(b) of this Act;";

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100 STAT. 107

(2) in subparagraph (B) by striking out the period and inserting in lieu thereof a semicolon; and (3) by adding at the end the following new subparagraphs: "(C) not to exceed $600,000,000 for the fiscal year ending September 30, 1986; "(D) not to exceed $606,100,000 for the fiscal year ending September 30, 1987; and "(E) not to exceed $630,300,000 for the fiscal year ending September 30, 1988.". (b) LIMITATION.—Such section 601(b) is further amended by adding 45 USC 601. at the end a new paragraph as follows: "(5) Unless sufficient funds are otherwise available to operate the Corporation's rail system at substantially the same level of service, maintenance, and equipment overhauls in effect on the date of the enactment of this paragraph, funds appropriated to or for the benefit of the Corporation under this section before the date of the enactment of this paragraph which the Corporation has designated for nonoperational capital projects shall be used as necessary to maintain the operations of the system at such level.". SEC. 4003. CAPITAL ASSETS.

Section 304(c) of the Rail Passenger Service Act (45 U.S.C. 544(c)) is amended by adding at the end thereof the following new paragraph: "(3) The preferred stock issued pursuant to paragraphs (1) and (2) of this subsection shall be deemed to have been issued as of the date of receipt by the Corporation of the funds for which such stock is issued.". SEC. 4004. GOVERNMENT TRAVEL.

Section 306(f) of the Rail Passenger Service Act (45 U.S.C. 546(f)) is amended by inserting ", which shall include allowing the Corporation to participate in the contract air program administered by the General Services Administration in markets where service provided by the Corporation is competitive as to rates and total trip times" before the period. SEC. 4005. REPORT CONSOLIDATION.

Section 308(a) of the Rail Passenger Service Act (45 U.S.C. 548(a)) is amended to read as follows: "(a) The Corporation shall submit to the Congress a report not later than February 15 of each year. The report shall include, for each route on which the Corporation operated intercity rail passenger service during the preceding fiscal year, data on ridership, passenger miles, short-term avoidable profit or loss per passenger mile, revenue-to-cost ratio, revenues, the Federal subsidy, the nonFederal subsidy, and on-time performance. Such report shall also specify significant operational problems which have been identified by the Corporation, together with proposals by the Corporation to resolve such problems.". SEC. 4006. CHARTER TRAINS.

Section 402 of the Rail Passenger Service Act (45 U.S.C. 562) is amended— (1) by repealing subsection (g); and (2) by redesignating subsection (h) as subsection (g).

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PUBLIC LAW 99-272—APR. 7, 1986

SEC. 4007. MISCELLANEOUS AMENDMENTS.

(a) AUDITS.—Section 805 of the Rail Passenger Service Act (45 U.S.C. 644) is amended— (1) in subsection (2)(A) by striking out "shall conduct annually a" in the first sentence and inserting in lieu thereof "may conduct"; and (2) in subsections (2)(A) and (2)(B) by striking "audit" wherever it appears and inserting in lieu thereof "audits". (b) REPEAL OF STUDIES AND REPORTS.—Sections 306(k), 806, 810,

and 811 of the Rail Passenger Service Act (45 U.S.C. 546(k), 645, 649, and 650) are repealed. (c) EMERGENCY ASSISTANCE.—Title VII of the Rail Passenger Service Act (45 U.S.C. 621 and 622) is repealed. (d) NORTHEAST CORRIDOR REPORTS.—Section 703(1)(D) of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 853(1)(D)) is repealed. (e) PERFORMANCE EVALUATION CENTER.—(1) Section 305(1) of the

Rail Passenger Service Act (45 U.S.C. 545(1)) is repealed. (2) Section 305(m) of the Rail Passenger Service Act (45 U.S.C. 545(m)) is amended by striking out "Center" each place it appears and inserting in lieu thereof "Corporation". SEC. 4008. REVENUE-COST RATIO.

Section 404(c)(4)(A) of the Rail Passenger Service Act (45 U.S.C. 564(c)(4)(a)) is amended by adding at the end the following new sentence: "Commencing in fiscal year 1986, the Corporation shall set a goal of recovering an amount sufficient that the ratio of its revenues, including contributions from States, agencies, and other persons, to costs, excluding capital costs, shall be at least 61 percent.". SEC. 4009. LABOR-RELATED COST SAVINGS.

Amtrak and the representatives of employees of Amtrak shall negotiate changes in existing agreements between such parties that will result in substantial cost savings to Amtrak, and shall report the results of such negotiations to the Congress within six months after the date of enactment of this Act. 45 USC 564 note.

SEC. 4010. ROUTE DISCONTINUANCE.

Amtrak shall not, by reason of any provision of this subtitle, including section 4002, reduce the frequency of service on any line on which, as of May 1, 1985, three or fewer trains operated per week. SEC. 4011. EMPLOYMENT VACANCY FILING.

(a) LIABILITY.—Section 704(c) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 797c(c)) is amended— (1) by inserting "(1)" after "VACANCY NOTICES.—"; and (2) by adding at the end a new paragraph as follows: "(2)(A) As soon as the Board becomes aware of any failure on the part of a railroad to comply with paragraph (1), the Board shall issue a warning to such railroad of its potential liability under subparagraph (B). "(B) Any railroad failing to comply with paragraph (1) of this subsection after being warned by the Board under subparagraph (A) shall be liable for a civil penalty in the amount of $500 for each subsequent vacancy with respect to which such railroad has so failed to comply.".

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Rh and other offenses; in turning over offenders to the civil authorities; in serving as couriers and messengers; in keeping the agents informed as to births and deaths in the tribe; in notifying him of the arrival on the reservation of strangers—whites or Indians; in accompanying and protecting surveying parties, and, in general, such other duties as in civilized communities are intrusted to an organized police force.

The Commissioner of Indian Affairs states that "special reports as to the character and efficiency of the services rendered by the police have recently been called for from its agents by this bureau, and those reports bear uniform testimony to the value and reliability of the police service, and to the fact that its maintenance, which was at first undertaken as an experiment, is now looked upon as a necessity."

But no less important than the police services rendered is the moral influence which this institution is apt to exercise upon the tribes among which it is active. It impresses the minds of the Indians with the authority of law; it discountenances and discourages their traditional practice of taking personal revenge for injuries received; it imbues them with a sense of duty and individual responsibility; it accustoms a considerable number of young men among them to a moral discipline formerly unknown to them; it inspires them with the pride of good conduct, as only men of exemplary habits are kept in the police force, it being the rule that every one of them who renders himself guilty of any transgression affecting his character is immediately discharged; it strengthens the authority of the government as against that of the chiefs by the active support of the Indians themselves, and thus prepares them for the dissolution of their tribal relations and their incorporation in the great body of the American people. In all these respects the effect of the police service upon the tribes has been very marked. I have repeatedly recommended that the pay of Indian policemen, now fixed at $5 per month for privates and $8 for officers, be increased. It is essential that the best young men of each tribe be obtainable for the police force, but the rate of pay is so low that young Indians can easily earn much higher wages as freighters and laborers, and it is a subject of great dissatisfaction among them that a policeman, who considers himself the soldier of the government, should receive only one third of what an Indian scout in the military service receives for the discharge of duties no more important. The consequence is, that as the different tribes progress in civilization it becomes more difficult to obtain good young men for the police force. At two agencies the force had to be disbanded for this reason. I therefore repeat once more my urgent recommendation that the pay of policemen and their officers be remitted to the discretion of the Indian Office with a maximum to be fixed by law, and as that maximum I would suggest the pay of Indian scouts employed by the Army.

I mentioned before that the feeling of uncertainty which prevails among the Indians as to the premanency of their possession of the lands


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(b) EXTENSION.—Section 704(f) of such Act (45 U.S.C. 797c(f)) is amended by striking out "4-year" and inserting in lieu thereof "6year". (c) EXEMPTION.—The provisions of section 703 of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 797b), section 8 of the Milwaukee Railroad Restructuring Act (45 U.S.C. 907), and section 105 of the Rock Island Railroad Transition and Employee Assistance Act (45 U.S.C. 1004) shall not apply to the National Railroad Passenger Corporation in the hiring of qualified train and engine employees who hold seniority rights to work in intercity rail passenger service in connection with the assumption by such Corporation of functions previously performed under contract by other carriers. (d) EFFECTIVE DATES.—The amendments made by subsections (a) and (c) shall take effect on the date of enactment of this Act, and the amendment made by subsection (b) shall be effective as of August 1, 1985.

45 USC 797b note.

45 USC 797c ^°^^-

SEC. 4012. TRANSPORTATION OF USED UNOCCUPIED VEHICLES.

Section 103(3) of the Rail Passenger Service Act (45 U.S.C. 502(3)) is amended by inserting ", and, when space is available, of used unoccupied vehicles" after "and their occupants". SEC. 4013. AMTRAK CORPORATE CITIZENSHIP.

Section 306(m) of the Rail Passenger Service Act (45 U.S.C. 546(m)) is amended by inserting "only" immediately after "citizen". SEC. 4014. ROUTE AND SERVICE CRITERIA.

(a) ROUTE AND SERVICE CRITERIA AMENDMENTS.—The Rail Passenger Service Act is amended— (1) in section 403(d) (45 U.S.C. 563(d))— (A) by striking out "criteria set forth in section 404(d)(2)(B)" and inserting in lieu thereof "criterion set forth in section 404(d)(2)"; and Post, p. no. (B) by inserting after the first sentence thereof the following: "Beginning October 1, 1986, if such service is not projected to meet such criterion, the Corporation may discontinue, modify, or adjust such service so that the applicable criterion will be met."; (2) in section 404(c)(3)(B) (45 U.S.C. 564(c)(3)(B))— (A) by striking out "60" and inserting in lieu thereof "120"; (B) by striking out "either the Senate" and all that Congress, follows through "that it does" and inserting in lieu thereof "the Senate and the House of Representatives adopt a joint resolution during such period stating that they do"; and (C) by adding at the end thereof the following: "For purposes of this subparagraph, continuity of session of the Congress is broken only by an adjournment sine die and the days on which either House is not in session because of adjournment of more than 3 days to a day certain are excluded in the computation of such 120-day period."; (3) by amending section 404(c)(4)(B) (45 U.S.C. 564(c)(4)(B)) to read as follows: "(B) The Corporation shall conduct an annual review of each route in the basic system to determine if such route is projected to meet the criterion appropriate to such route set forth in subsection (d), as adjusted to reflect constant 1979 dollars. If the Corporation deter-

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PUBLIC LAW 99-272—APR. 7, 1986

mines on the basis of such review that such route will not meet such criterion, the Corporation shall discontinue, modify, or adjust the operation of rail passenger service over such route so that the criterion will be met."; (4) in the first sentence of section 404(d)(1) (45 U.S.C. 564(d)(1))(A) by striking out "if—" and inserting in lieu thereof "if; (B) by striking out "(A)"; and (C) by striking out all after "mile" the second time it appears therein and inserting in lieu there(Jf a period; (5) in the second sentence of section 404(d)(1) (45 U.S.C. 564(d)(1)) by striking out "and passenger mile per train mile"; (6) by striking out the last sentence of section 404(d)(1) (45 U.S.C. 564(d)(1)); and (7) in section 404(d)(2) (45 U.S.C. 564(d)(2))— (A) by striking out "if—" and inserting in lieu thereof "if; (B) by striking out "(A)"; and (C) by striking out all after "mile" the second time it appears therein and inserting in lieu thereof a period. 45 USC 563 note. (b) EFFECTIVE DATE.—The provisions of this section shall take effect on October 1, 1986. SEC. 4015. ICC REGULATION.

Section 306(a)(3) of the Rail Passenger Service Act (45 U.S.C. 546(a)(3)) is amended by striking out ", except as otherwise provided in this Act,". SEC. 4016. MEANING OF "DISCONTINUANCE" FOR LABOR PROTECTION PURPOSES.

Section 405(a) of the Rail Passenger Service Act (45 U.S.C. 565(a)) is amended by adding at the end thereof the following: "For purposes of subsection (c) of this section and any agreement designed to implement the provisions of such subsection, a 'discontinuance of intercity rail passenger service' shall not include any adjustment in frequency or seasonal suspension of intercity rail passenger trains the effect of which is a temporary suspension of service unless such adjustment or suspension causes a reduction of passenger train operations on a particular route to a frequency of less than three round trips per week at any time during any calendar year.". SEC. 4017. NORTHEAST CORRIDOR COST DISPUTE DECISIONS.

45 USC 1111 note.

(a) ICC DECISIONS.—(1) Section 1163(a)(2) of the Northeast Rail Service Act of 1981 (45 U.S.C. 1111(a)(2)) is amended to read as follows: "(2) The Commission, in making such a determination, shall consider all relevant factors, and shall not permit cross subsidization between intercity rail passenger service and commuter rail passenger service.". (2) Any decisions of the Interstate Commerce Commission before the date of enactment of this Act under section 1163(a)(2) of the Northeast Rail Service Act of 1981 (45 U.S.C. 1111(a)(2)) shall have no force and effect after the date of enactment of this Act. (b) ASSIGNMENT OF COSTS.—Section 402(a) of the Rail Passenger Service Act (45 U.S.C. 562(a)) is amended— (1) by inserting "(1)" immediately after "(a)";

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Ford it ended with his genial review of 'Tom Brown's School Days.' He was an occasional contributor also to the 'Edinburgh,' 'British and Foreign Quarterly,' and 'Westminster' reviews, and for the 'Penny Cyclopædia' he wrote the admirable article on Velazquez. In 1840 he undertook to write a 'Handbook for Travellers in Spain,' and finished it in 1845. Of this an article in the 'Times' on his death, commonly attributed to Sir W. Stirling Maxwell, truly said that 'so great a literary achievement had never before been performed under so humble a title;' and a sale of two thousand copies within a few months proved the public estimate of its merits. Its only fault was that it gave too much for the convenience of the traveller, for the two stout volumes of over a thousand closely-printed pages contained in the guise of a manual the matter of an encyclopædia. In the next edition (1847) it was cut down to the ordinary dimensions of Murray's 'Handbooks for Travellers,' and the parings, with the addition of some new matter, made the delightful little volume published in 1846 under the title of 'Gatherings from Spain.' In 1855 it was restored to its first shape, but in the interval alterations had been found necessary, and the use of a somewhat larger type made the exclusion of much of the preliminary matter unavoidable; and thus the 'Handbook for Spain' in its original form has now come to be included among those treasures that book lovers covet. The revision was nearly his last work; his health had latterly shown signs of failing, and he died at Heavitree on 1 Sept. 1858. The year before his death he had been nominated as one of the committee to decide upon a site for the National Gallery, but resigned on account of his health. He was three times married: first, in 1824, to a daughter of the Earl of Essex; secondly, in 1838, to the Hon. Eliza Cranstoun, eldest daughter of Lord Cranstoun; and in 1851 to Mary, only daughter of Sir A. Molesworth. Ford's love of art was hereditary. His maternal grandfather, Mr. Booth, was an eminent connoisseur and collector of pictures, and his mother, Lady Ford, an amateur artist of exceptional ability; and in the opinion of competent judges he himself might have been no less distinguished as a painter than as a man of letters. His sketches, brought home from Spain, often served as the originals of his friend David Roberts's illustrations of Spanish architecture and scenery. He was an indefatigable collector of pictures, etchings, drawings, and prints; his collection of majolica ware was reckoned one of the choicest in existence, and in all matters of cpnnoisseurship there was no higher authority. Spain at the time of his visit was an unworked mine of artistic treasure. He may be said to have been the first to make Velazquez known to English readers, for in Madrid alone Velazquez is to be seen, as he says, 'in all his protean variety of power.' His article upon Velazquez in the 'Penny Cyclopædia' was followed by one in the 'Quarterly Review' (No. clxv.) upon the predecessors of Velazquez and Murillo, and the history of the various schools of painting in Spain; and these, with the masterly article in No. cliv. upon the history of Spanish architecture, make up a treatise on Spanish art no less remarkable for its learning than for its lucidity and brilliancy. In the handbook the infectious spirit of enjoyment is perhaps the quality that most of all commends it to the ordinary reader, but there too the critical faculty and the artist's eye always make themselves felt. He was a kindly critic, severe in cases of pretended erudition, but always generous and cordial in his recognition of genuine work. Besides the writings already mentioned he wrote in 1837 a pamphlet called 'Historical Enquiry into the Unchangeable Character of a War in Spain,' a trenchant reply to 'The Policy of England in Spain,' a pamphlet in support of Lord Palmerston. He also wrote the explanatory letterpress for 'Apsley House and Walmer Castle, illustrated by plates,' 1853; for the 'Guide to the Diorama of the Campaigns of the Duke of Wellington,' 1852; and for 'Tauromachia, or the Bull Fights of Spain, illustrated,' 1852. [Times, 4 Sept. 1858; Fraser's Mag. October 1858.]  FORD, SIMON (1619?–1699), divine, son of Richard Ford, was born at East Ogwell, near Newton Bushel, Devonshire, about 1619, was educated at the grammar schools of Exeter and Dorchester, and entered Magdalen Hall, Oxford, in 1636. He was lineally related to Nicholas Wadham, founder of Wadham College, but failed to obtain a scholarship there. In 1641 he proceeded B.A., and was expelled from Oxford soon afterwards, on account of his strong puritan leanings (, Fasti, ii. 147). When the parliamentary visitors were sent to Oxford in 1647, Ford returned and was received with much honour. He took the degree of M. A. 12 Dec. 1648, was made a delegate of the visitors in 1649, and was created B.D. 'by dispensation, of the delegates,' 16 Feb. 1649-50. His friend Dr. Edward Reynolds, who had become dean of Christ Church, admitted him as a senior student there, and he frequently preached at St. Mary's. A sermon delivered against the Engagement of 1651 led to his removal from his studentship. He became lecturer of


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100 STAT. I l l

(2) by inserting "(2)" immediately before "Notwithstanding"; (3) in the second sentence of paragraph (2), as so designated by paragraph (2) of this subsection, by striking out "180" and inserting in lieu thereof "120"; (4) in the last sentence of paragraph (2), as so designated by paragraph (2) of this subsection, by striking out "shall consider all relevant factors, and shall not permit cross subsidization among intercity, commuter," and inserting in lieu thereof "shall not permit cross subsidization between intercity rail passenger service"; and (5) by adding at the end of paragraph (2), as so designated by paragraph (2) of this subsection, the following: "The Commission, in making such a determination, shall assign to a freight railroad obtaining services pursuant to this paragraph the costs incurred by the Corporation solely for the benefit of that railroad, plus a proportionate share of all other costs of providing X; services covered by this paragraph that are incurred for the common benefit of the Corporation and such freight railroad. The proportionate share of such other costs assigned to a freight railroad shall be based on relative measures of volume of car operations, tonnage, or other factors that reasonably reflect the relative use of the rail properties covered by this paragraph. Nothing in this paragraph shall be construed to preclude parties from entering into an agreement under this paragraph either before or after a determination of the Commission under this paragraph.". (c) EFFECTIVENESS OF STANDARD.—The compensation standard 45 USC 562 note. established by the amendment made by subsection O> of this section t) shall be effective in any proceeding instituted under section 402(a)(2) of the Rail Passenger Service Act (45 U.S.C. 562(a)(2)) after the date of enactment of this Act. (d) CONGRESSIONAL POLICY.—Nothing in this section, or any 45 USC 562 note. amendment made by this section, shall be construed to alter the Congressional policy against cross subsidization among intercity, commuter, and rail freight services expressed in the last sentence of section 402(a) of the Rail Passenger Service Act, as in effect before the date of enactment of this Act. SEC. 4018. LOCAL RAIL SERVICE ASSISTANCE.

Section 5(q) of the Department of Transportation Act (49 U.S.C. App. 1654(q)) is amended— (1) by inserting after "September 30, 1984." the following: "Of the funds authorized to be appropriated under this subsection, there are authorized to be appropriated not to exceed $12,000,000 for the fiscal year ending September 30, 1986, not to exceed $10,000,000 for the fiscal year ending September 30, 1987, and not to exceed $8,000,000 for the fiscal year ending September 30, 1988."; and (2) by adding at the end thereof the following: "No funds are authorized to be appropriated under this subsection for any period after September 30, 1988.".

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Page:Collodi - The Story of a Puppet, translation Murray, 1892.djvu/122

 'At last you have fallen into my hands! I might punish you, but I am not so cruel. I will content myself instead by carrying you in the morning to the innkeeper of the neighbouring village, who will skin and cook you as hares with a sweet and sour sauce. It is an honour that you don't deserve, but generous people like me don't consider such trifles! . . .'

He then approached Pinocchio and began to caress him, and amongst other things he asked him:

'How did you manage to discover the four thieves? To think that Melampo, my faithful Melampo, never found out anything! . . .'

The puppet might then have told him the whole story; he might have informed him of the disgraceful conditions that had been made between the dog and the polecats; but he remembered that the dog was dead, and he thought to himself:

'What is the good of accusing the dead? . . . The dead are dead, and the best thing to be done is to leave them in peace! . . .'

'When the thieves got into the yard were you asleep or awake?' the peasant went on to ask him.

'I was asleep,' answered Pinocchio, 'but the polecats woke me with their chatter, and one of them came to the kennel and said to me: "If you promise not to bark, and not to wake the master, we will make


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Page:United States Statutes at Large Volume 100 Part 1.djvu/148

 100 STAT. 112

PUBLIC LAW 99-272—APR. 7, 1986

Subtitle B—Highway Programs SEC. 4101. REDUCTIONS IN HIGHWAY APPORTIONMENTS. 96 Stat. 2099.

(a) PRIMARY SYSTEM.—The first sentence of section 105(a)(1) of the Highway Improvement Act of 1982 is amended by striking out "$2,450,000,000" and inserting in lieu thereof "$2,375,000,000". (b) BRIDGE REPLACEMENT AND REHABILITATION.—Section 202(1) of

96 Stat. 2137.

92 Stat. 2692.

State and local governments.

State and local governments.

State and local governments.

the Highway Safety Act of 1982 is amended by striking out "$2,050,000,000" and inserting in lieu thereof "$1,900,000,000". (c) INTERSTATE 4R.—The first sentence of section 105 of the Federal-Aid Highway Act of 1978 is amended by striking out "$3,150,000,000" and inserting in lieu thereof "$2,975,000,000". (d) APPORTIONMENT ADJUSTMENTS.— (1) DETERMINATION OF ADJUSTMENT AMOUNT.—On the first day

following the effective date of this section, the Secretary of Transportation shall determine— (A) the amount of funds that would have been apportioned to each State on October 1, 1985— (i) for the Federal-aid primary system program if the amendment made by subsection (a) had been in effect on such date; (ii) for the highway bridge replacement and rehabilitation program if the amendment made by subsection (b) had been in effect on such date; and (iii) for the program to resurface, restore, rehabilitate, and reconstruct routes on the National System of Interstate and Defense Highways if the amendment made by subsection (c) had been in effect on such date; and (B) the amount by which the amount which was apportioned to such State on October 1, 1985, for such program exceeds the amount determined under subparagraph (A) for such program. (2) ADJUSTMENTS TO CURRENT APPORTIONMENT.—To the extent that any funds— (A) which were apportioned to a State on October 1, 1985, for any program referred to in paragraph (1)(A); and (B) which are unobligated on the first day following the effective date of this section; do not exceed the amount determined under paragraph (I)(B) for such program, such apportioned and unobligated funds shall lapse on such first day. (3) ADJUSTMENT TO FUTURE APPORTIONMENT.—If the amount

determined under paragraph (1)(B) with respect to the apportionment made on October 1, 1985, to any State for any program referred to in paragraph (I)(A) is greater than the amount of funds which lapse from the apportionment to such State for such program under paragraph (2), the Secretary of Transportation shall reduce the amount which, but for this paragraph, would otherwise be apportioned to such State for such program on October 1, 1986, by the amount of such excess. SEC. 4102. OBLIGATION CEILING.

Safety. 23 USC 104 note.

(a) GENERAL LIMITATION.—Notwithstanding any other provision of law, the total of all obligations for Federal-aid highways and highway safety construction programs shall not exceed—

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 PUBLIC LAW 99-272—APR. 7, 1986

100 STAT. 113

(1) $13,125,000,000 for fiscal year 1986; (2) $13,525,000,000 for fiscal year 1987; and (3) $14,100,000,000 for fiscal year 1988. (b) EXCEPTIONS.—The limitations under subsection (a) shall not apply to obligations— (1) under section 125 of title 23, United States Code; (2) under section 157 of such title; (3) under section 320 of such title; (4) under section 147 of the Surface Transportation Assistance Act of 1978; (5) under section 9 of the Federal-Aid Highway Act of 1981; (6) under sections 131(b) and 131(j) of the Surface Transportation Assistance Act of 1982; and (7) under section 118 of the National Visitor Center Facilities Act of 1968. (c) DISTRIBUTION OF OBLIGATIONAL AUTHORITY.—For each of the fiscal years 1986, 1987, and 1988, the Secretary of Transportation shall distribute the limitation imposed by subsection (a) by allocation in the ratio which sums authorized to be appropriated for Federal-aid highways and highway safety construction which are apportioned or allocated to each State for such fiscal year bears to the total of the sums authorized to be appropriated for Federal-aid highways and highway safety construction which are apportioned or allocated to all the States for such fiscal year. (d) LIMITATION ON OBLIGATIONAL AUTHORITY.—During the period

October 1 through December 31 of each of the fiscal years 1986, 1987, and 1988, no State shall obligate more than 35 percent of the amount distributed to such State under subsection (c) for such fiscal year, and the total of all State obligations during such period shall not exceed 25 percent of the total amount distributed to all States under such subsection for such fiscal year. (e) REDISTRIBUTION OF UNUSED OBLIGATIONAL AUTHORITY.—Not-

23 USC 104 note,

Post, p. 116. 95 Stat. 1701. 96 Stat. 2119. 40 USC 818. State and local governments. 23 USC 104 note.

State and local governments. 23 USC 104 note.

State and local governments. 23 USC 104 note.

withstanding subsections (c) and (d), the Secretary of Transportation shall— (1) provide all States with authority sufficient to prevent lapses of sums authorized to be appropriated for Federal-aid highways and highway safety construction which have been apportioned or allocated to a State, except in those instances in which a State indicates its intention to lapse sums apportioned under section 104(b)(5)(A) of title 23, United States Code; (2) after August 1 of each of the fiscal years 1986, 1987, and 1988, revise a distribution of the funds made available under subsection (c) for such fiscal year if a State will not obligate the amount distributed during such fiscal year and redistribute sufficient amounts to those States able to obligate amounts in addition to those previously distributed during such fiscal year giving priority to those States having large unobligated balances of funds apportioned under section 104 of title 23, United States Code, and giving priority to those States which, because of statutory changes made by the Surface Transportation Assistance Act of 1982 and the Federal-Aid Highway Act of 23 USC 101 note. 1981, have experienced substantial proportional reductions in 23 USC lOi note, their apportionments and allocations; and (3) not distribute amounts authorized for administrative expenses and Federal lands highways programs. (f) CONFORMING AMENDMENT.—Section 157(b) of title 23, United States Code, is amended by striking out the period at the end of the

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Page:United States Statutes at Large Volume 100 Part 1.djvu/150

 100 STAT. 114

PUBLIC LAW 99-272—APR. 7, 1986

last sentence and inserting in lieu thereof "and section 4102(c) of the Consolidated Omnibus Budget Reconciliation Act of 1985.". SEC. 4103. INCREASE IN THE STATE EMERGENCY REPAIR FUND LIMITATION.

The first sentence of section 125(b) of title 23, United States Code, is amended by inserting after "$30,000,000" the following: "(and $55,000,000 for projects in connection with disasters or failures occurring in calendar year 1985)". SEC. 4104. NATIONAL MINIMUM DRINKING AGE AMENDMENTS. (a)

EXTENSION

OF PENALTY

FOR NON-COMPLIANCE.—Section

158(a)(2) of title 23, United States Code, is amended by striking out "the fiscal year succeeding" and inserting in lieu thereof "each fiscal year after". (b) COMPLYING STATE LAWS.—Subsection (a) of section 158 of such title is amended by adding at the end thereof the following new paragraph: "(3) STATE GRANDFATHER LAW AS COMPLYING.—If, before the

 * .: „ later of (A) October 1, 1986, or (B) the tenth day following the

last day of the first session the legislature of a State convenes after the date of the enactment of this paragraph, such State has in effect a law which makes unlawful the purchase and public possession in such State of any alcoholic beverage by a person who is less than 21 years of age (other than any person who is 18 years of age or older on the day preceding the effective date of such law and at such time could lawfully purchase or publicly possess any alcoholic beverage in such State), such State shall be deemed to be in compliance with paragraphs (1) and (2) of this subsection in each fiscal year in which such law is in effect,". (c) PERIOD OF AVAILABILITY; EFFECT OF COMPLIANCE AND NON-

23 USC 158.

COMPLIANCE.—Subsection (b) of section 158 of such title is amended to read as follows: "(b) PERIOD OF AVAILABILITY; EFFECT OF COMPLIANCE AND NONCOMPLIANCE.— "(1) PERIOD OF AVAILABILITY OF WITHHELD FUNDS.— "(A) FUNDS WITHHELD ON OR BEFORE SEPTEMBER 30,

State and local governments.

' ,,

 * ii

1988.—Any funds withheld under this section from apportionment to any State on or before September 30, 1988, shall remain available for apportionment to such State as follows: "(i) If such funds would have been apportioned under section 104(b)(5)(A) of this title but for this section, such funds shall remain available until the end of the fiscal year for which such funds are authorized to be appropriated. "(ii) If such funds would have been apportioned under section 104(b)(5)(B) of this title but for this section, such funds shall remain available until the end of the second fiscal year following the fiscal year for which such funds are authorized to be appropriated, "(iii) If such funds would have been apportioned under section 104(b)(1), 104(b)(2), or 104(b)(6) of this title but for this section, such funds shall remain available until the end of the third fiscal year following the fiscal

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 PUBLIC LAW 99-272—APR. 7, 1986

100 STAT. 115

year for which such funds are authorized to be appropriated. "(B) F U N D S WITHHELD AFTER SEPTEMBER 30, 1988.—No

funds withheld under this section from apportionment to any State after September 30, 1988, shall be available for apportionment to such State. "(2) APPORTIONMENT OF WITHHELD FUNDS AFTER COMPLI- State and local ANCE.—If, before the last day of the period for which funds governments, withheld under this section from apportionment are to remain available for apportionment to a State under paragraph (1)(A), the State makes effective a law which is in compliance with subsection (a), the Secretary shall on the day following the effective date of such law apportion to such State the withheld funds remaining available for apportionment to such State. "(3) PERIOD OF AVAILABILITY OF SUBSEQUENTLY APPORTIONED

FUNDS.—Any funds apportioned pursuant to paragraph (2) shall remain available for expenditure as follows: "(A) Funds apportioned under section 104(b)(5)(A) of this title shall remain available until the end of the fiscal year succeeding the fiscal year in which such funds are so apportioned. "(B) Funds apportioned under section 104(b)(1), 104(b)(2), 104(b)(5)(B), or 104(b)(6) of this title shall remain available until the end of the third fiscal year succeeding the fiscal year in which such funds are so apportioned. Sums not obligated at the end of such period shall lapse or, in the case of funds apportioned under section 104(b)(5) of this title, shall lapse and be made available by the Secretary for projects in accordance with section 118(b) of this title. "(4) EFFECT OF NONCOMPLIANCE.—If, at the end of the period State and local for which funds withheld under this section from apportion- governments, ment are available for apportionment to a State under paragraph (1), the State has not made effective a law which is in compliance with subsection (a), such funds shall lapse or, in the case of funds withheld from apportionment under section 104(b)(5) of this title, such funds shall lapse and be made available by the Secretary for projects in accordance with section 118(b) of this title.", (d) CONFORMING AMENDMENTS.—Such section

158 is further

amended— (1) in subsection (a) by inserting "WITHHOLDING OF FUNDS FOR NONCOMPLIANCE.—" before "(1) The";

(2) in subsection (a)(1) by inserting "FIRST YEAR.—" before "The Secretary"; (3) by indenting paragraphs (1) and (2) of subsection (a) and aligning them with paragraph (3) of such subsection as inserted by subsection (b) of this section; (4) in subsection (a)(1) by inserting "first" before "fiscal year" the second place it appears; (5) in subsection (a)(2) by inserting "AFTER THE FIRST YEAR.—" before "The Secretary"; and (6) in subsection (c) by inserting "ALCOHOLIC BEVERAGE DEFINED.—" before "As".

23 USC 158.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/152

 100 STAT. 116

PUBLIC LAW 99-272—APR. 7, 1986

SEC. 4105. OHIO RIVER BRIDGE FUND REPROGRAMMING.

23 USC 144 note.

Highways. Kentucky. Ohio.

Safety. Science and technology.

Reports.

Section 147 of the Federal-Aid Highway Act of 1978 is amended by inserting "(a)" after "SEC. 147." and by adding at the end thereof the following new subsection: "(b)(1) Of the funds which have been set aside previously pursuant to the fourth and fifth sentences of subsection (a) of this section and which are in excess of the amounts needed to complete the projects authorized by such subsection— "(A) $65,000,000 shall be available to the Secretary of Transportation to carry out the state-of-the-art technology projects described in paragraph (2) of this subsection; and "(B) the remainder shall be apportioned under subsection (e) of section 144 of title 23, United States Code, for carrying out projects under such section. "(2) The state-of-the-art technology projects referred to in paragraph (1) of this subsection are the following: "(A) Construction of a bridge (including approaches thereto) across the Ohio River between Newport, Kentucky, and Cincinnati, Ohio, to replace a bridge on a highway designated as a United States route. "(B) Construction of a bridge (including approaches thereto) across the Ohio River between Covington, Kentucky, and Cincinnati, Ohio, to replace a bridge on a Kentucky State highway. "(C) Construction of a bridge (including approaches thereto) across the Ohio River near Maysville, Kentucky, and Aberdeen, Ohio, to replace a bridge on a highway designated as a United States route. "(3) In order to demonstrate the latest high-type geometric design features (including safety hardware) and new advances in highway bridge construction, the projects authorized by this subsection shall utilize state-of-the-art technology, and all design elements, including the decking, shall be designed to provide the best life-cycle costs, thereby minimizing future maintenance and rehabilitation costs. "(4) The Secretary of Transportation may provide necessary technical assistance in the design and construction of projects under this subsection. "(5) Not later than one year after the completion of the state-of the-art technology projects under this subsection, the Secretary of Transportation shall submit a report to Congress, including but not limited to the results of such projects, the effects of using the best available technology on safety and other considerations, recommendations for applying the results to other bridge projects, and any changes that may be necessary by law to permit further use of such features. "(6) In allocating funds made available to carry out the projects described in paragraph (2) of this subsection, the Secretary shall give priority to completing the projects described in subparagraphs (A) and (B) of such paragraph. At such time as the Secretary determines and certifies in writing that sufficient funds have been set aside, from the amount made available under paragraph (1)(A), to complete the projects described in subparagraphs (A) and (B) of paragraph (2), any remaining funds shall be used to carry out the project described in subparagraph (C) of paragraph (2). "(7) Funds made available to carry out the projects described in paragraph (2) of this subsection shall be available for obligation in the same manner and to the same extent as if such funds were

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Page:United States Statutes at Large Volume 100 Part 1.djvu/153

 PUBLIC LAW 99-272—APR. 7, 1986

100 STAT. 117

apportioned under chapter 1 of title 23, United States Code, except 23 USC lOl et that such funds shall be available until expended and shall not be *^'?subject to any obligation limitation. The Federal share of the projects described in paragraph (2) of this subsection shall be that provided in subsection (a).".

TITLE V—CORPORATION FOR PUBLIC BROADCASTING AND FEDERAL COMMUNICATIONS COMMISSION SEC. 5001. CORPORATION FOR PUBLIC BROADCASTING. (a) PUBLIC TELECOMMUNICATIONS FACILITIES.—Section 391 of the

Communications Act of 1934 (47 U.S.C. 391) is amended— (1) by striking out "and" after "1983,"; and (2) by inserting ", $24,000,000 for fiscal year 1986, $28,000,000 for fiscal year 1987, and $32,000,000 for fiscal year 1988," immediately after "1984,". (b) ALLOCATION OF APPROPRIATIONS.—Section 393 of the Commu-

nications Act of 1934 (47 U.S.C. 393) is amended— (1) by striking out subsection (c); and (2) by redesignating subsection (d) as subsection (c). (c) FINANCING OF CORPORATION FOR PUBLIC BROADCASTING.—(1)

Section 396(k)(l)(C) of the Communications Act of 1934 (47 U.S.C. 396(k)(l)(C)) is amended— (A) by striking out "and 1986" and inserting in lieu thereof "1986, 1987, 1988, 1989, and 1990"; (B) by striking out "and" after "fiscal year 1985,"; and (C) by inserting ", $200,000,000 for fiscal year 1987, $214,000,000 for fiscal year 1988, $238,000,000 for fiscal year 1989, and $254,000,000 for fiscal year 1990" immediately before the period at the end thereof. (2) Section 396(k)(3)(A)(i)(II) of the Communications Act of 1934 (47 U.S.C. 396(k)(3)(A)(i)(II)) is amended by striking out "research, training, technical assistance, engineering, instructional support, payment of interest on indebtedness,". (3) Section 396(k) of the Communications Act of 1934 (47 U.S.C. 396(k)) is amended— (A) by striking out paragraph (8); and (B) by redesignating paragraphs (9) and (10) as paragraphs (8) and (9), respectively. SEC. 5002. FEDERAL COMMUNICATIONS COMMISSION. (a) AUTHORIZATION OF APPROPRIATIONS.—(1)

Section 6 of the

Communications Act of 1934 (47 U.S.C. 156) is amended to read as follows: "AUTHORIZATION OF APPROPRIATIONS

"SEC. 6. There are authorized to be appropriated for the administration of this Act by the Commission $98,100,000 for fiscal year 1986 and $97,600,000 for fiscal year 1987, together with such sums as may be necessary for increases resulting from adjustments in salary, pay, retirement, other employee benefits required by law, and other nondiscretionary costs, for each of the fiscal years 1986 and 1987."

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Page:United States Statutes at Large Volume 100 Part 1.djvu/154

 100 STAT. 118 47 USC 156 note.

PUBLIC LAW 99-272—APR. 7, 1986

(2) The amendment made by paragraph (1) of this subsection shall apply with respect to fiscal years beginning after September 30, 1985. (b) REIMBURSED EXPENSES.—Section 4(g)(2) of the Communications

Act of 1934 (47 U.S.C. 154(g)(2)) is amended— (1) in subparagraph (D), by striking out "1985" and inserting in lieu thereof "1987"; and (2) by adding at the end thereof the following new subparagraph: "(E) Funds which are received by the Commission as reimbursements under the provisions of this paragraph after the close of a fiscal year shall remain available for obligation.". (c) ANNUAL REPORT.—Section 5(g) of the Communications Act of

99 Stat. 293.

1934 (47 U.S.C. 155(g)) is amended by striking out "January 31" and inserting in lieu thereof "March 31". (d) ADDITIONAL SAVINGS.—For provisions of law which, through relocation of the Fort Lauderdale, Florida, Monitoring Station of the Federal Communications Commission, reduce spending for fiscal year 1986 in satisfaction of the reconciliation requirements imposed by section 2(e) of S. Con. Res. 32 (99th Congress), see the material under the heading "FEDERAL COMMUNICATIONS COMMISSION" in the Supplemental Appropriations Act, 1985 (Public Law 99-88). (e) CHARGES FOR OPERATIONS.—The Communications Act of 1934

(47 U.S.C. 151 et seq.) is amended by inserting immediately after section 7 the following new section: "CHARGES

47 USC 158.

Regulations.

"SEC. 8. (a) The Commission shall assess and collect charges at such rates as the Commission shall establish or at such modified rates as it shall establish pursuant to the provisions of subsection (b) of this section. The Schedule of Charges established under this subsection shall be implemented not later than 360 days after the date of enactment of this section. "(b)(1) The Schedule of Charges established under this section shall be reviewed by the Commission every two years after the date of enactment of this section and adjusted by the Commission to reflect changes in the Consumer Price Index. Increases or decreases in charges shall apply to all categories of charges, except that individual fees shall not be adjusted until the increase or decrease, as determined by the net change in the Consumer Price Index since the date of enactment of this section, amounts to at least $5.00 in the case of fees under $100.00, or 5 percent in the case of fees of $100.00 or more. All fees which require adjustment will be rounded upward to the next $5.00 increment. The Commission shall transmit to the Congress notification of any such adjustment not later than 90 days before the effective date of such adjustment. "(2) Increases or decreases in charges made pursuant to this subsection shall not be subject to judicial review. "(c)(1) The Commission shall prescribe by regulation an additional charge which shall be assessed as a penalty for late payment of charges required by subsection (a) of this section. Such penalty shall be 25 percent of the amount of the charge which was not paid in a timely manner. "(2) The Commission may dismiss any application or other filing for failure to pay in a timely manner any charge or penalty under this section.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/155

 PUBLIC LAW 99-272—APR. 7, 1986

100 STAT. 119

"(d)(1) The charges established under this section shall not be applicable to the following radio services: Local Government, Police, Fire, Highway Maintenance, Forestry-Conservation, Public Safety, and Special Emergency Radio, or to governmental entities licensed in other services. "(2) The Commission may waive or defer payment of a charge in any specific instance for good cause shown, where such action would promote the public interest. "(e) Moneys received from charges established under this section shall be deposited in the general fund of the Treasury to reimburse the United States for amounts appropriated for use by the Commission in carrying out its functions under this Act. "(f) The Commission shall prescribe appropriate rules and regula- Regulations, tions to carry out the provisions of this section.". (f) Until modified pursuant to section 8(b) of the Communications 47 USC 158 note. Act of 1934 (as added by subsection (e) of this section), the Schedule of Charges which the Federal Communications Commission shall prescribe pursuant to section 8(a) of such Act shall be as follows: Schedule of Charges Service

1. 2. 3. 4. 1. 2. 3.

4. 1.

2.

3.

4.

PRIVATE RADIO BUREAU Marine Coast Stations (New, Modifications, Renewals) Operational Fixed Microwave Stations (New, Modifications, Renewals) Aviation (Ground Stations) (New, Modifications, Renewals) Land Mobile Radio Licenses (New, Modifications, Renewals) EQUIPMENT APPROVAL SERVICE Certification a. Receivers (Except TV & FM Receivers) b. All Other Devices Type Acceptance a. Approval of Subscription TV Systems b. All Others Type Approval a. Ship (Radio Telegraph) Automatic Alarm Systems b. Ship and Lifeboat (Radio Telegraph) Transmitters c. All Others (With Testing) d. All Others (Without Testing) Notifications MASS MEDIA BUREAU Commercial TV Stations a. New and Major Change Construction Permits Application Fees b. Minor Changes Application Fee c. Hearing Charge d. License Fee Commercial Radio Stations a. New and Major Change Construction Permits (1) Application Fee AM Station (2) Application Fee FM Station b. Minor Changes Appl. Fee-AM & FM c. Hearing Charge d. License Fee (DAM (2)FM e. Directional Antenna License Fee (AM only) FM/TV Translators and LPTV Stations (New & Major Change Construction Permits) a. Application Fee b. License Fee Station Assignment and Transfer Fees a. AM. FM and TV Commercial Stations (1) Application Fee (Forms 314/315)

Fee amount

$60.00 135.00 60.00 30.00

250.00 650.00 2,000.00 325.00 6,500.00 3,250.00 1,300.00 150.00 100.00

2,250.00 500.00 6,000.00 150.00 2,000.00 1,800.00 500.00 6,000.00 325.00 100.00 375.00 375.00 75.00 500.00

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Page:Collodi - The Story of a Puppet, translation Murray, 1892.djvu/123

 you a present of a fine chicken ready plucked! . . ." To think that they should have had the audacity to make such a proposal to me! For although I am a puppet, possessing perhaps nearly all the faults in the world, there is one that I certainly will never be guilty of, that of making terms with and sharing in the gains of dishonest people!'

'Well said, my boy!' cried the peasant, slapping him on the shoulder. 'Such sentiments do you honour: and as a proof of my gratitude I will at once set you at liberty, and you may return home.'

And he removed the dog's collar.


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Page:United States Statutes at Large Volume 100 Part 1.djvu/156

 100 STAT. 120

PUBLIC LAW 99-272—APR. 7, 1986 Schedule of Charges—Continued Service

5. 6. 7.

8.

1.

2.

3. 4. 5.

6. 7.

8.

Fee amount

(2) Application Fee (Form 316) 70.00 b. FM/TV Translators & LPTV Stations 75.00 Auxiliary Services Major Actions—Application Fee 75.00 Renewals—All Services 30.00 Cable Television Service a. Cable Television Relay Service—Construction Permits, Assignments & Transfers, Renewals & Modifications 135.00 b. Cable Special Relief Petitions—Filing Fee 700.00 Direct Broadcast Satellite New & Major Change CPs a. Application for Authorization to Construct a Direct Broadcast Satellite 1,800.00 b. Issuance of CP & Launch Authority 17,500.00 c. License to Operate Satellite 500.00 d. Hearing Charge 6,000.00 COMMON CARRIER BUREAU Domestic Public Land Mobile Stations (Base, Dispatch, Control & Repeater Stations) a. New or Additional Facility Authorizations, Assignments & Transfers (Per transmitter/per station) b. Renewals and Minor Modifications (Per station) c. Air-Ground Individual License Renewals & Modifications Cellular Systems a. Initial Construction Permits & Major Modification Applications (Per cellular systems), b. Assignments & Transfers (Per station) c. Initial covering license (Per cellular system) (1) Wireline carrier (2) Nonwireline carrier d. Renewals e. Minor modifications and additional licenses Rural Radio ( O n t r a l Office, Interoffice or Relay Facilities) a. Initial Construction Permit, Assignments & Transfers (Per transmitter) b. Renewals & Modifications (Per station) Offshore Radio Service a. Initial Construction Permit, Assignments & Transfers (Per transmitter) b. Renewals & Modifications (Per station) Local Television or Point To Point Microwave Radio Service a. Construction Permits, Modifications of (Construction Permits, and Renewals of Licenses b. Assignments & Transfers of Control (Per Station) c. Initial License for New Frequency International Fixed Public Radio (Public & Control Stations) a. Initial Construction Permits, Assignments & Transfers b. Renewals & Modifications Satellite Services a. Transmit Earth Stations (1) Initial Station Authorization (2) Assignments & Transfers of Station Authorizations (3) All Other Applications b. Small Transmit/Receive Earth Stations (2 meters or less) (1) Lead Authorization (2) Routine Authorization (3) All Other Applications c. Receive Only Earth Stations (1) Initial Station Authorization (2) All Other Applications d. Applications For Authority To Construct a Space Station e. Applications For Authority To Launch & Operate a Space Station f. Satellite System Application (1) Initial Station Authorization (2) Assignments & Transfers of Systems (3) All Other Applications Multipoint Distribution Service a. Construction Permits, Renewals & Modifications of Construction Permits... b. Assignments & Transfers of (Control (Per station) c. Initial License (Per channel)

200.00 20.00 20.00 200.00 200.00 525.00 50.00 20.00 50.00 90.00 20.00 90.00 20.00 135.00 45.00 135.00 450.00 325.00 1,350.00 450.00 90.00 3,000.00 30.00 90.00 200.00 90.00 1,800.00 18,000.00 5,000.00 1,333.00 90.00 135.00 45.00 400.00

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Page:United States Statutes at Large Volume 100 Part 1.djvu/157

 PUBLIC LAW 99-272—APR. 7, 1986

100 STAT. 121

Schedule of Charges—Continued Fee amount

9.

Section 214 Applications a. Applications for Overseas Cable Construction 8,100.00 b. Applications for Domestic Cable Construction 540.00 c. All Other 214 Applications 540.00 10. Tariff Filings a. Filing Fee 250.00 b. Special Permission Filings 200.00 11. Telephone Equipment Registration 135.00 12. Digital Electronic Message Service a. Construction Permits, Renewals & Modifications of Construction Permits.... 135.00 b. Assignments & Transfers of Control (Per station) 45.00 c. Initial License (First License or License Adding a New Frequency) 135.00

TITLE VI—MARITIME, COASTAL ZONE, AND RELATED PROGRAMS Subtitle A—Boating Safety Fund SEC. 6001. BOATING SAFETY FUND.

An amount equal to one-third of the amount transferred for fiscal year 1985 to the Boat Safety Account under section 9503(c)(4) of the Internal Revenue Code of 1954 (26 U.S.C. 9503(c)(4)) shall be deposited in the general fund of the Treasury as proprietary receipts of the department in which the Coast Guard is operating and ascribed to Coast Guard activities. Section 13106(a) of title 46, United States Code, shall be applied with respect to fiscal year 1985 by substituting "one-third" for "two-thirds" in the first sentence.

Subtitle B—NOAA Nautical and Aeronautical Products SEC. 6011. SALE AND DISTRIBUTION OF NOAA NAUTICAL AND AERONAUTICAL PRODUCTS.

(a) Section 1307 of title 44, United States Code, is amended to read as follows: "§ 1307. National Oceanic and Atmospheric Administration: nautical and aeronautical products, sale and distribution "(a)(1) All nautical and aeronautical products created or published by the National Oceanic and Atmospheric Administration shall be sold at such prices as the Secretary of Commerce shall establish annually, in accordance with the provisions of this subsection. The Secretary shall publish annually the prices at which nautical and aeronautical products are sold to the public. "(2)(A) Subject to subparagraph (B) of this paragraph, the prices of nautical and aeronautical products may be increased over a period of not less than three years after the date of enactment of this section so as to recover all costs attributable to data base management, compilation, printing, and distribution of such products. The prices of such products may be maintained to recover all such costs thereafter. At the end of such period and every three years there-

46 USC 13106

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12 they occupy has proved in many cases a serious impediment to their improvement and progress. From all quarters we receive expressions of a desire on the part of the Indians to have the land they occupy and cultivate secured to them by the "white man's paper," that is, a patent equal in legal force to that by which white men hold title to their land. Bills have been submitted to Congress for two sessions providing for the division of farm tracts among the Indians in severalty on their respective reservations; the issuance of patents to them individually and their investment with a fee-simple title to their farms inalienable for a certain number of years until they may be presumed to have overcome the improvident habits in which a large part of the present generation have grown up; and, this being accomplished, for the disposition of the residue of the reservations not occupied and used by the Indians, with their consent and for their benefit, to white settlers. It was hoped that this measure would pass before the adjournment of the last session. Had it become a law a very large number of Indians would have been so settled by this time. In this expectation the issuance of patents not containing the important clause of temporary inalienability, which is authorized by a few Indian treaties, has been withheld until a general law should insure to all titles of greater security. It is to be hoped that this important measure will now receive the earliest possible consideration and action by Congress. I look upon it as the most essential step in the solution of the Indian problem. It will inspire the Indians with a feeling of assurance as to the permanency of their ownership of the lands they occupy and cultivate; it will give them a clear and legal standing as landed proprietors in the courts of law; it will secure to them for the first time fixed homes under the protection of the same law under which white men own theirs; it will eventually open to settlement by white men the large tracts of land now belonging to the reservations, but not used by the Indians. It will thus put the relations between the Indians and their white neighbors in the Western country upon a new basis, by gradually doing away with the system of large reservations, which has so frequently provoked those encroachments which in the past have led to so much cruel injustice and so many disastrous collisions. It will also by the sale, with their consent, of reservation lands not used by the Indians, create for the benefit of the Indians a fund, which will gradually relieve the government of those expenditures which have now to be provided for by appropriations. It will be the most effective measure to place Indians and white men upon an equal footing as to the protection and restraints of laws common to both. I desire also to call attention once more to the bill repeatedly introduced in Congress, extending over Indian reservations the government of the laws of the States or Territories in which such. reservations are located, giving the Indians standing in the courts and securing to them the full benefit of the laws. I venture to express the hope that Congress may not adjourn again without having taken action upon


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Page:United States Statutes at Large Volume 100 Part 1.djvu/158

 100 STAT. 122

PUBLIC LAW 99-272—APR. 7, 1986

International

after, the Secretary, after consultation with the Secretary of Transportation, shall report to the Congress on the effect of imposing or maintaining such increased prices, including any impact on aviation and marine safety. "(B) The Secretary, after consultation with the Secretary of Transportation, shall adjust the prices of nautical or aeronautical products in such manner as is necessary to avoid any adverse impact on aviation and marine safety attributable to the prices specified in subparagraph (A) of this paragraph. "(3) This section shall not be construed to require the establishment of any price for a nautical or aeronautical product where, in the judgment of the Secretary, furnishing of that product to a recipient is a reasonable exchange for voluntary contribution of information by the recipient to a program of the National Oceanic and Atmospheric Administration. "(4) Prices established under this section may not include costs attributable to the acquisition or processing of nautical or aeronautical data. "(b) Fees collected from the sale of nautical or aeronautical products under this section and from any licensing of such products which is permitted under any other provision of law shall be deposited in the miscellaneous receipts fund of the United States Treasury. "(c) The Secretary may distribute nautical and aeronautical

organizations.

products—

44 USC 1301 et

"(1) without charge to each foreign government or international organization with which the Secretary or a Federal department or agency has an agreement for exchange of these products without cost; and "(2) at prices which the Secretary establishes, to the departments and officers of the United States requiring them for official use. "(d) The fees provided for in this section are for the purpose of reimbursing the United States Government for the costs of creating, publishing or distributing aeronautical and nautical products of the National Oceanic and Atmospheric Administration. The collection of fees authorized by this section shall not alter or expand any duty or liability of the United States under existing law for the performance of functions for which fees are collected, nor shall the collection of fees constitute an express or implied undertaking by the United States to perform any activity in a certain manner. "(e) For purposes of this section, the term 'nautical and aeronautical products' includes all nautical and aeronautical charts, tide and tidal current tables, tidal current charts, coast pilots, water level products, and associated data bases which are created or published by the National Oceanic and Atmospheric Administration.", (b) The item relating to section 1307 in the analysis of chapter 13 of title 44, United States Code, is amended to read as follows: "1307. National Oceanic and Atmospheric Administration: nautical and aeronautical products, sale and distribution.".

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Page:United States Statutes at Large Volume 100 Part 1.djvu/159

 PUBLIC LAW 99-272—APR. 7, 1986

100 STAT. 123

Subtitle C—Foreign Fishing Permit Fees SEC. 6021. FOREIGN FISHING PERMIT FEES.

Paragraph (10) of section 204(b) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1824(b)(10)) is amended to read as follows: "(10) FEES.—(A) Fees shall be paid to the Secretary by the Maritime affairs. owner or operator of any foreign fishing vessel for which a permit is issued pursuant to this subsection. The Secretary, in consultation with the Secretary of State, shall establish a schedule of such fees which shall apply nondiscriminatorily to each foreign nation. "(B) Unless subparagraph (C) applies, the fees imposed under subparagraph (A) shall be at least in an amount sufficient to return to the United States an amount which bears to the total cost of carrying out the provisions of this Act during each fiscal year the same ratio as the aggregate quantity of fish harvested by foreign fishing vessels within the fishery conservation zone during the preceding year bears to the aggregate quantity of fish harvested by both foreign and domestic fishing vessels within such zone and the territorial waters of the United States during such preceding year. "(C) If the Secretary, in consultation with the Secretary of Conservation. State, finds that any foreign nation receiving an allocation under section 201(e)— "(i) is harvesting anadromous species of United States origin at a level that is unacceptable to the Secretary; or "(ii) is failing to take sufficient action to benefit the conservation and development of United States fisheries; the fees imposed under subparagraph (A) for the next fiscal year shall be at least in an amount sufficient to return to the United States an amount which bears to the total cost of carrying out the provisions of this Act during that fiscal year the same ratio as the aggregate quantity of fish harvested by foreign fishing vessels within the fishery conservation zone during the preceding year bears to the aggregate quantity of fish harvested by both foreign and domestic fishing vessels within such zone during such preceding year. If the Secretary, in consultation with the Secretary of State, finds, at any time during a fiscal year in which fees calculated under this subparagraph are in effect with respect to a foreign nation, that the conditions requiring that calculation no longer exist, the fees imposed under this paragraph with respect to that nation for the remainder of the fiscal year shall be calculated under subparagraph (B). "(D) Before the end of each fiscal year, the Secretary, in consultation with the Secretary of State, shall review, based on the criteria established in subparagraph (C)(i) and (ii), the performance of every nation receiving an allocation under section 201(e) and provide written notice to the Congress of his findings and reasons therefor before the end of the fiscal year. "(E) For purposes of this paragraph, the total cost of carrying Conservation. out the provisions of this Act includes, but is not limited to, fishery conservation and management, fisheries research, administration, and enforcement, but excludes costs for observers covered by surcharges under section 201(i)(4).

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