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Page:United States Statutes at Large Volume 92 Part 2.djvu/473

 PUBLIC LAW 95-504—OCT. 24, 1978

92 STAT. 1753

administrative expenses of the Secretary related to carrying out the provisions of this section. (h) DEFINITIONS.—For the purposes of this section— (1) The term "protected employee" means a person who, on the date of enactment of this section, has been employed for at least 4 years by an air carrier holding^ a certificate issued under section 401 of "the Federal Aviation Act of 1958. Such term shall not include any members of the board of directors or officers of a corporation. (2) The term "qualifying dislocation" means a bankruptcy or major contraction of an air carrier holding a certificate under section 401 of the Federal Aviation Act of 1958, occurring during the 49 USC 1371. first 10 complete calendar years occurring after the date of enactment of the Airline Deregulation Act of 1978, the major cause of which is the change in regulatory structure provided by the Airline Deregulation Act of 1978, as determined by the Civil Aeronautics Board. (3) The term "Secretary" means the Secretary of Labor. (4) The term "major contraction" means a reduction by at least 71/^ percent of the total number of full-time employees of an air carrier within a 12-month period. Any particular reduction of less than 71/^ percent may be found by the Board to be part of a major contraction of an air carrier if the Board determines that other reductions are likely to occur such that within a 12-month period in which such particular reduction occurs the total reduction will exceed 7^/2 percent. In computing a 7i/^-percent reduction under this paragraph, the Board shall not include employees who are deprived of employment because of a strike or who are terminated for cause. (i) TRANSFER OF AUTHORITY OF THE BOARD.—The authority of

the

Board under this section is transferred to the Department of Transportation on January 1, 1985. (j) TERMINATION.—The provisions of this section shall terminate on the last day the Secretary is required to make a payment under this section. LABOR DISPUTE

SEC. 44. Within ten days after the date of enactment of this section Emergency the President, pursuant to section 10 of the Railway Labor Act, shall board, create a board to investigate and report on the dispute between Wier 45 USC 160. Air Alaska, Incorporated, and the Air Line Pilots Association. Such board shall report its findings to the President within thirty days from the date of its creation. COLLECTION OF FEES, CHARGES, AND PRICES

SEC. 45. Notwithstanding any other provisions of law, neither the Secretary of Transportation nor the Administrator of the Federal Aviation Administration shall collect any fee, charge, or price for any approval, test, authorization, certificate, permit, registration, conveyance, or rating relating to any aspect of aviation (1) which is in excess of the fee, charge, or price for such approval, test, authorization, certificate, permit, registration, conveyance, or rating which was in effect on January 1, 1973, or (2) which did not exist on January 1,

Review and approval by Congress, "^^ ^^^ ^^^^ note.

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 92 STAT. 1754

PUBLIC LAW 95-504—OCT. 24, 1978 1973, until all such fees, charges, and prices are reviewed and approved by Congress. CONTINXJITY FOR CERTAIN CERTIFICATES

49 USC 1301 °ote. ^

SEC. 46. Any reference in any law, rule, regulation, or document of the United States to a supplemental air carrier or supplemental air transportation shall be deemed to be a reference to a charter air carrier or charter air transportation, respectively. EXISTING DETERMINATIONS

49 USC 1301 °o*«-

SEC. 47. A l l orders, determinations, rules, regulations, permits, contracts, certificates, rates, and privileges which have been issued, made, or granted, or allowed to become effective, by the President, the Civil Aeronautics B o a r d, or the Postmaster General, or any court of competent jurisdiction, under any provision of law repealed or amended by this Act, or in the exercise of duties, powers, or functions, which are vested in the Board, and which are in effect a t the time this Act takes effect, shall continue in effect according to their terms until modified, terminated, superseded, set aside, or repealed by the Board, or by any court of competent jurisdiction, or by operation of law. Approved October 24, 1978.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 95-1211 and No. 95-1211 pt. 2, accompanying H.R. 12611 (Comm. on Public Works and Transportation) and No. 95-1779 (Comm. of Conference). SENATE REPORT No. 95-631 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD, Vol. 124 (1978): Apr. 19, considered and passed Senate. Sept. 14, 21, H.R. 12611 considered and passed House; passage vacated and S. 2493, amended, passed in lieu. Oct. 14, Senate agreed to conference report. Oct. 15, House agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 14, No. 43: Oct. 24, Presidential statement.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/475

 PUBLIC LAW 95-505—OCT. 24, 1978

Public Law 95-505 95th Congress

92 STAT. 1755

^ An Act

To amend title X I of the Merchant Marine Act, 1936, to permit the guarantee of obligations for financing Great Lakes vessels in an amount not exceeding 8 7 ^ per centum of the actual or depreciated actual cost of each vessel.

Oct. 24, 1978 [H.R. 11658]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 509 of Great Lakes the Merchant Marine Act, 1936, as amended (46 U.S.C. 1159), is vessels, amended by striking the words "fourteen knots" in the fourth sentence, financing. and inserting in lieu thereof the words "ten knots". Approved October 24, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1528 (Comm. on Merchant Marine and Fisheries). CONGRESSIONAL RECORD, VoL 124 (1978): Oct. 3, considered and passed House. Oct. 6, considered and passed Senate.

e.

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 92 STAT. 1756

PUBLIC LAW 95-506—OCT. 24, 1978

Public Law 95-506 95th Congress An Act Oct. 24. 1978 [H.R. 13767]

Federal Property and Administrative Services Act of 1949, amendment. Availability of the General Supply Fund. 40 USC 756.

To amend the Federal Property and Administrative Services Act of 1949 to permit the recovery of replacement cost of motor vehicles jand other related equipment and supplies.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 211(d) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 491(d)) is amended to read as follows: "(d)(1) The General Supply Fmid provided for in section 109 shall be available for use by or under the direction and control of the Administrator for paying all elements of cost (including the purchase or rental price of motor vehicles and other related equipment and supplies) incident to the establishment, maintenance, and operation (incliiding servicing and storage) of motor vehicle pools or systems for the transportation of property or passengers, ^nd to the furnishing of such motor vehicles and equipment and related services pursuant to subsection (b). " (2) Payments by requisitioning agencies so served shall be at prices fixed by the Administrator at levels which will recover, so far as practicable, all such elements of cost, and may, in the Administrator's discretion, include increments for the estimated replacement cost of such motor vehicles, equipment, and supplies. Such increments may, notwithstanding section 109(e) of this Act, be retained as part of the capital of the General Supply Fund, but shall be available only for replacement of such motor vehicles, equipment, and supplies. The purchase price, plus such increments for the estimated replacement cost, of such motor vehicles and equipment shall be recovered only through charges for the cost of amortization. Such costs shall be determined in accordance with the accrual accounting method; and financial reports shall be prepared on the basis of such accounting.". Approved October 24, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1529 (Comm. on Government Operations). CONGRESSIONAL RECORD, Vol. 124 (1978): Sept. 25, considered and passed House. Oct. 10, considered and passed Senate.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/477

 PUBLIC LAW 95-507—OCT. 24, 1978

92 STAT. 1757

Public Law 95-507 95th Congress An Act To amend the Small Business Act and the Small Business Investment Act of 1958.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, TITLE I—AMENDMENTS TO THE SMALL BUSINESS INVESTMENT ACT O F 1958

Oct. 24, 1978 [H.R. 11318] Small Business Act and Small Business Investment Act of 1958, amendment.

CHAPTER 1

SEC. 101. Section 303(c)(1) of the Small Business Investment Act Purchase and guarantee of 1958 is amended to read as follows: "(1) shares of nonvoting stock (or other corporate securities operations. 15 USC 683. having similar characteristics), provided— "(i) dividends are preferred and cumulative to the extent of 3 per centum of par value per annum; "(ii) on liquidation of redemption the Administration is entitled to the preferred payment of the par value of such securities; and prior to any distribution (other than to the Administration) the Administration shall be paid any amounts as may be due pursuant to subparagraph (i) of this paragraph; "(iii) the purchase price shall be at par value and, in any one sale, $50,000 or more; and "(iv) the amount of such securities purchased and outstanding at any one time shall not exceed— "(A) from a company licensed on or before October 13, 1971, 200 per centum of the combined private \ paid-in capital and paid-in surplus of such company, or '' "(B) from any such company licensed after October 13, 1971, and having a combined paid-in capital and paid-in surplus of less than $500,000, 100 per centum of such capital and surplus, or "(C) from any such company licensed after October 13, 1971, and having a combined private paid-in capital and paid-in surplus of $500,000 or more, 200 per centum of such capital and surplus. "The amount of such securities purchased by the Administration in excess of 100 per centum of such capital and surplus from any company described in clause (A) or (C) may not exceed an amount equal to the amount of its funds invested in or legally committed to be invested in equity securities. For the purposes of "Equity the subsection, the term 'equity securities' means stock of any securities." class (including preferred stock) or limited partnership interests, or shares in a syndicate, business trust, joint stock company or association, mutual corporation, cooperative or other joint ventures for profit, or unsecured debt instruments which are subordinated by their terms to all other borrowings of the issuer.". SEC. 102. The last sentence of section 308(b) of the Small Business Investment Act of 1958 is amended to read as follows: "Such com- 15 USC 687

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Page:United States Statutes at Large Volume 92 Part 2.djvu/478

 92 STAT. 1758

Repeal.

15 USC 687i. 15 USC 681. Capital requirements for small business investment companies.

15 USC 682.

PUBLIC LAW 95-507—OCT. 24, 1978 panies are authorized to invest funds not reasonably needed for their operations in direct obligations of, or obligations ^aranteed as to principal and interest by, the United States, or in certificates of deposit maturing within one year or less, issued by any institution the accounts of which are insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation, or in savings accounts of such institutions.". SEC. 103. The last sentence of section 317 of the Small Business Investment Act of 1958 is repealed. SEC. 104. Section 301(d) of the Small Business Investment Act of 1958 is amended by inserting "or formed as a limited partnership," immediately after "statutes,". SEC. 105. Section 302(a) of the Small Business Investment Act of 1958 is amended to read as follows: "SEC. 302(a). The combined private paid-in capital and paid-in surplus of any company licensed pursuant to sections 301(c) and (d) of this Act shall not be less than $150,000: Provided, however, That the combined private paid-in capital and paid-in surplus of any company licensed on or after October 1, 1979 pursuant to sections 301(c) and (d) of this Act shall be not less than $500,000. In all cases, such capital and surplus shall be adequate to assure a reasonable prospect that the company will be operated soundly and profitably, and managed actively and prudently in accordance with its articles.". CHAPTER 2

15 USC 694a.

Surety bond guarantees.

15 USC 694b.

SEC. 110. Section 410(4) of the Small Business Investment Act of 1958 is amended by— (1) deleting the word "or" after the phrase "conditions of the contract,"; and (2) deleting the period after the phrase "fails to make prompt payment" and inserting in lieu thereof ", or (D) is an agent, independent agent, underwriter, or any other company or individual empowered to act on behalf of such person.". SEC. 111. Section 411 of the Small Business Investment Act of 1968 is amended to read as follows: "SEC. 411. (a) The Administration may, upon such terms and conditions as it may prescribe, guarantee and enter into commitments to guarantee any surety (the terms and conditions of said guarantees and commitments may vary from surety to surety on the basis of the Administration's experience with the particular surety) against loss, as hereinafter provided, as the result of a breach of the terms of a bid bond, payment bond, performance bond, or bonds ancillary and coterminous therewith, by a principal on any contract up to $1,000,000, subject to the following conditions: "(1) the person who would be the principal of the bond is a small business concern; "(2) the bond is required in order for such person to bid on a contract, or to serve as a prime contractor or subcontractor thereon; "(3) such person is not able to obtain such bond on reasonable terms and conditions without a guarantee under this section; " (4) the Administration determines that there is a reasonable expectation that such person will perform the covenants and conditions of the contract with respect to which the bond is required; " (5) the contract meets requirements established by the Administration for feasibility of successful completion and reasonableness of cost; and

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 PUBLIC LAW 95-507—OCT. 24, 1978

92 STAT. 1759

"(6) the terms and conditions of any bond guaranteed under the authority of this part are reasonable in light of the risks involved and the extent of the surety's participation. " (b) Subject to the provisions of this section, in connection with the issuance by the Administration of a guarantee to a surety as provided by subsection (a), the Administration may agree to indemnify such ^^ " surety against a loss sustained by such surety in avoiding or attempting to avoid a breach of the terms of a bond guaranteed by the Administration pursuant to subsection (a): Provided, however— "(1) prior to making any payment under this subsection, the Administration shall first determine that a breach of the terms of such bond was imminent; "(2) no payment by the Administration pursuant to this sub- Limitation, section shall exceed 10 per centum of the contract price unless the Administrator determines that a greater payment should be made as a result of a finding by the Administrator that the surety's loss sustained in avoiding or attempting to avoid such breach was necessary and reasonable; and " (3) no new agreements to indemnify shall be entered into pursuant to this subsection subsequent to two years after the date of its enactment. "(c) Any guarantee or agreement to indemnify under this section Limitation, shall obligate the Administration to pay to the surety a sum not to exceed (1) in the case of a breach of contract, 90 per centum of the loss incurred and paid by the surety to or on behalf of the obligee, or to labor and materialmen, in fulfilling the terms of the contract as the result of the breach; or (2) in a case to which subsection (b) applies, the amount determined under subsection (b). "(d) The Administration may establish and periodically review Regulations, regulations for participating sureties which shall require such sureties to meet Administration standards for underwriting, claim practices, and loss ratios. "(e) Pursuant to any such guarantee or agreement, the Administration shall reimburse the surety, as provided in subsection (c) of this section, except that the Administration shall be relieved of all liability "(1) the surety obtained such guarantee or agreement, or applied for such reimbursement, by fraud or material misrepresentation, or "(2) the total contract amount at the time of execution of the bond or bonds exceeds $1,000,000. "(f) The Administration may, upon such terms and conditions as it may presciibe,, adopt a procedure for reimbursing a surety for its paid losses billed each month, based upon prior monthly payments to such surety, with subsequent adjustments after such disbursement. "(g) The Administration may at all reasonable times audit in the Audit, offices of a participating surety all documents, files, books, records, and other material relevant to the Administration's guarantee, commit%,y ments to guarantee, or agreements to indemnify any surety pursuant to this section. "(h) The Administration shall administer this Part on a prudent Administration, and economically justifiable basis and establish such fee or fees for small business concerns and premium or premiums for sureties as it '' deems reasonable and necessary, to be payable at such time and under such conditions as may be determined by the Administration. "(i) The provisions of section 402 shall apply in the administration 15 USC 693. of this section.".

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Page:United States Statutes at Large Volume 92 Part 2.djvu/480

 92 STAT. 1760 Community injection funds. 15 USC 696.

PUBLIC LAW 95-507—OCT. 24, 1978 SEC. 112. Section 602 of the Small Business Investment Act of 1958 is amended by adding at the end of paragraph (4) the following new sentence: "Community injection funds may be derived, in whole or in part, from— "(A) State or local governments; "(B) banks or other financial institutions; "(C) foundations or other not-for-profit institutions; or "^D) a small business concern (or its owners, stockholders, or affiliates) receiving assistance through bodies authorized under this title.". TITLE II—AMENDMENTS TO THE ACT

SMALL

BUSINESS

CHAPTER 1

15 USC 631.

'

Post, p. 1761. • '

' •

SEC. 201. Section 2 of the Small Business Act is amended by adding at the end thereof the following new subsection: "(e)(1) with respect to the Administration's business development programs the Congress finds— "(A) that the opportunity for full participation in our free enterprise system by socially and economically disadvantaged persons is essential if we are to obtain social and economic equality for such persons and improve the functioning of our national economy; "(B) that many such persons are socially disadvantaged because of their identification as members of certain groups that have suffered the effects of discriminatory practices or similar invidious circumstances over which they have no control; "(C) that such groups include, but are not limited to, Black Americans, Hispanic Americans, Native Americans, and other minorities; "(D) that it is in the national interest to expeditiously ameliorate the conditions of socially and economically disadvantaged groups; " (E) that such conditions can be improved by providing the maximum practicable opportunity for the development of small business concerns owned by members of socially and economically disadvantaged groups; " (F) that such development can be materially advanced through the procurement by the United States of articles, equipment, supplies, services, materials, and construction work from such concerns; and "(G) that such procurements also benefit the United States by encouraging the expansion of suppliers for such procurements, thereby encouraging competition among such suppliers and promoting economy in such procurements. " (2) It is, therefore, the purpose of section 8(a) to— "(A) foster business ownership by individuals who are both socially and economically disadvantaged; "(B) promote the competitive viability of such firms by providing such available contract, financial, technical, and management assistance as may be necessary; and "(C) clarify and expand the program for the procurement by the United States of articles, equipment, supplies, services, materials, and construction work from small business concerns

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 ' PUBLIC LAW 95-507—OCT. 24, 1978

92 STAT. 1761

owned by socially and economically disadvantaged individuals.". SEC. 202. (a) Section 8(a) of the Small Business Act (15 U.S.C. Procurement 637(a)) is amended to read as follows: contracts. "SEC. 8. (a)(1) It shall be the duty of the Administration and it is hereby empowered, whenever it determines such action is necessary or appropriate— " (A) to enter into contracts with the United States Government and any department, agency, or officer thereof having procurement powers obligating the Administration to furnish articles, equipment, supplies, services, or materials to the Government or to perform construction work for the Government. In any case in which the Administration certifies to any officer of the Government having procurement powers that the Administration is competent and responsible to perform any specific Government procurement contract to be let by any such officer, such officer shall be authorized in his discretion to let such procurement contract to the Administration upon such terms and conditions as may be agreed upon between the Administration and the procurement officer. Whenever the Administration and such procurement officer fail to agree, the matter shall be submitted for determination to the Secretary or the head of the appropriate department or agency by the Administrator; "(B) to enter into contracts with such agency, as shall be designated by the President within 60 days after the effective date of this paragraph, to furnish articles, equipment, supplies, services, or materials, or to perform construction work for such agency. In any case in which the Administration certifies to any officer of such agency having procurement powers that the Administration is competent and responsible to perform any specific procurement contract to be let by any such officer, such officer shall let such procurement contract to the Administration upon such terms and conditions as may be agreed upon between the Administration and the procurement officer. If the Administration and such procurement officer fail to agree on such terms and conditions, either the Administration or such officer shall promptly notify, in writing, the head of such agency. The head of such agency shall have five days (exclusive of Saturdays, Sundays, and legal holidays) to establish the terms and conditions upon which such procurement contract may be let to the Administration, and shall communicate in writing to the Administration the terms and conditions so established. Within five days (exclusive of Saturdays, Sundays, and legal holidays) after the receipt of such written communication, the Administration shall decide whether to perform such procurement contract or withdraw its prior certification that the Administration is competent and responsible to perform such contract; and "(C) to arrange for the performance of such procurement contracts by negotiating or otherwise letting subcontracts to socially and economically disadvantaged small business concerns for construction work, services, or the manufacture, supply, assembly of such articles, equipment, supplies, materials, or parts thereof, or servicing or processing in connection therewith, or such rnanagement services as may be necessary to enable the Administration to perform such contracts. "No contract may be entered into under subparagraph (B) after September 30, 1980. 39-194 O—80—pt. 2

31: QL3

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Page:United States Statutes at Large Volume 92 Part 2.djvu/482

 92 STAT. 1762 Performance bonds.

"Socially; and economically disadvantaged small business concern."

Socially disadvantaged individuals. Economically disadvantaged individuals.

PUBLIC LAW 95-507—OCT. 24, 1978

"(2) Notwithstanding subsections (a) and (c) of the first section of the Act entitled 'An Act requiring contracts for the construction, alteration, and repair of any public building or public work of the United States to be accompanied by a performance bond protecting the United States and by additional bond for the protection of persons furnishing material and labor for the construction, alteration, or repair of said public buildings or public work,' approved August 24, 1935 (49 Stat. 793), no small business concern shall be required to provide any amount of any bond as a condition of receiving any subcontract under this subsection if the Administrator determines that such amount is inappropriate for such concern in performing sudh contract: Provided, That the Administrator shall exercise the authority granted by the paragraph only if— " (A) the Administration takes such measures as it deems appropriate for the protection of persons furnishing materials and labor to a small business receiving any benefit pursuant to this paragraph; " (B) the Administration assists, insofar as practicable, a small business receiving the benefits of this paragraph to develop, within a reasonable period of time, sudh financial and other capability as may be needed to obtain such bonds as the Administration may subsequently require for the successful completion of any program conducted under the authority of this subsection; " (C) the Administration finds that such small business is unable to obtain the requisite bond or bonds from a surety and that no surety is willing to issue such bond or bonds subject to the guarantee provisions of Title IV of the Small Business Investment Act of 1958; and " (D) the small business is determined to be a start-up concern and such concern has not been participating in any program conducted under the authority of this subsection for a period exceeding one year. "This paragraph shall not apply after September 30, 1980. "(3) Any small business concern selected by the Administration to perform any Federal Government procurement contract to be let pursuant to this subsection shall, when practicable, participate in any negotiation of the terms and conditions of such contract. "(4) For purposes of this section, the term 'socially and economically disadvantaged small business concern' means any small business concern— " (A) which is at least 51 per centum owned by one or more socially and economically disadvantaged individuals; or, in the case of any publicly owned business, at least 51 per centum of the stock of which is owned by one or more socially and economically disadvantaged individuals; and " (B) whose management and daily business operations are controlled by one or more of such individuals. "(5) Socially disadvantaged individuals are those who have been subjected to racial or ethnic prejudice or cultural bias because of their identity as a member of a group without regard to their individual qualities. " (6) Economically disadvantaged individuals are those socially disadvantaged individuals whose ability to compete in the free enterprise system has been impaired due to diminished capital and credit opportunities as compared to others in the same business area who are not socially disadvantaged. I n determining the degree of diminished credit

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Page:United States Statutes at Large Volume 92 Part 2.djvu/483

 PUBLIC LAW 95-507—OCT. 24, 1978 and capital opportunities the Administration shall consider, but not be limited to, the assets and net worth of such socially disadvantaged individual. "(7) No small business concern shall be deemed eligible for any assistance pursuant to this subsection unless the Administration determines that with contract, financial, technical, and management support the small business concern will be able to perform contracts which may be awarded to such concern under paragraph (1)(C) and has reasonable prospects for success in competing in the private sector. " (8) All determinations made pursuant to paragraphs (4), (5), (6) and (7), shall be made by the Associate Administrator for Minority Small Business and Capital Ownership Development. "(9) Within ninety days after the effective date of this paragraph, the Administration shall publish in the Federal Register rules setting forth those conditions or circumstances pursuant to which a firm previously deemed eligible by the Administration may be denied assistance under the provisions of this subsection: Provided, That no such firm shall be denied total participation in any program conducted under the authority of this subsection without first being afforded a hearing on the record in accordance with chapter 5 of title 5, United States Code. "(10) The Administration shall develop and implement an outreach program to inform and recruit small business concerns to apply for eligibility for assistance under this subsection. ' (11) To the maximum extent practicable, construction subcontracts awarded by the Administration pursuant to this subsection shall be awarded within the county or State where the work is to be performed. " (12) To the maximum extent practicable the Associate Administrator for Minority Small Business and Capital Ownership Development shall submit, no less frequently than annually, a yearly estimate of the dollar amounts and types of contracts required for the efficient use of any program conducted under the authority of this subsection, to each agency which may participate in such program.". (b) Not later than June 30, 1980, the General Accounting Office shall submit to the Congress a report which, with respect to provisions of paragraphs (1)(B) and (2) of section 8(a) of the Small Business Act, shall evaluate the implementation of such provisions and whether such implementation furthered the purposes under section 2(e) of the Small Business Act. SEC. 203. Section 2(c) of the Small Business Act is amended by inserting " (1) " after " (c) " and by adding at the end thereof the following new paragraph: "(2)(A) With respect to the programs authorized by section 7(j) of this Act, the Congress finds— "(i) that ownership and control of productive capital is concentrated in the economy of the United States and certain groups, therefore, own and control little productive capital; "(ii) that certain ^ o u p s in the United States own and control little productive capital because they have limited opportunities for small business ownership; "(iii) that the broadening of small business ownership among groups that presently own and control little productive capital is essential to provide for the well-being of this Nation by promoting their increased participation in the free enterprise system of the United States;

92 STAT. 1763

Determinations.

Publication in Federal Register.

Annual estimate.

Report to Congress. 15 USC 637 note. Ante, p. 1761. Ante, p. 17 60. 15 USC 631.

Post, p. 176(4.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/484

 92 STAT. 1764

PUBLIC LAW 95-507—OCT. 24, 1978

"(iv) that such development of business ownership among groups that presently own and control little productive capital will be greatly facilitated through the creation of a small business ownership development program, which shall provide services, including, but not limited to, financial, management, and technical assistance. " (v) that the power to let sole source Federal contracts pursuant Ante, p. 1761. to section 8(a) of the Small Business Act can be an effective procurement assistance tool for development of business ownership among groups that own and control little productive capital; and "(vi) that the procurement authority under section 8(a) of the Small Business Act shall be used only as a tool for developing business ownership among groups that own and control little productive capital. "(B) It is, therefore, the purpose of the programs authorized by section 7(j) of this Act to— Infra. "(i) foster business ownership by individuals in groups that own and control little productive capital; and "(ii) promote the competitive viability of such firms by creating a small business and capital ownership development program to provide such available financial, technical, and management assistance as may be necessary.". SEC. 204. Section 7(j) of the Small Business Act is amended to read 15 USC 636. as follows: Technical and " (i)(l) The Administration shall provide financial assistance to management public or private organizations to pay all or part of the cost of assistance. projects designed to provide technical or management assistance to individuals or enterprises eligible for assistance under sections 7(i), 7(j) (10), and 8(a) of this Act, with special attention to small businesses located in areas of high concentration of unemployed or lowincome individuals, to small businesses eligible to receive contracts pursuant to section 8(a) of this Act. "(2) Financial assistance under this subsection may be provided for projects, including, but not limited to— "(A) planning and research, including feasibility studies and market research; "(B) the identification and development of new business opportunities; "(C) the furnishing of centralized services with regard to public services and Federal Government programs including programs authorized under sections 7(i), (7)(j)(10), and 8(a) of this Act; "(D) the establishment and strengthening of business service agencies, including trade associations and cooperatives; and " (E) the furnishing of business counseling, management training, and legal and other related services, with special emphasis on the development of management training programs using the resources of the business community, including the development of management training opportunities in existing business, and with emphasis in all cases upon providing management training of sufficient scope and duration to develop entrepreneurial and managerial self-sufficiency on the part of the individuals served. "(3) The Administration shall encourage the placement of subconSubcontract placement with tracts by businesses with small business concerns located in areas of businesses high concentration of unemployed or low-income individuals, with located in certain small businesses owned by low-income individuals, and with small

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Page:United States Statutes at Large Volume 92 Part 2.djvu/485

 PUBLIC LAW 95-507—OCT. 24, 1978 businesses eligible to receive contracts pursuant to section 8(a) of this Act. The Administration may provide incentives and assistance to such businesses that will aid in the training and upgrading of potential subcontractors or other small business concerns eligible for assistance under sections 7(i), 7 (j), and 8 (a) of this Act. "(A) An advisory committee composed of five high-level officers from five United States businesses and five representatives of minority small businesses shall be created to facilitate the achievement of the purposes of this paragraph. The members of the advisory committee shall be appointed by the President. The chairman of the advisory committee, who shall be designated by the President shall report annually to the President and to the Congress on the activities of the advisory committee. "(B) The General Accounting Office shall evaluate the activities taken by the Administration to achieve the purpose of this paragraph and evaluate the success of these activities in achieving the purposes of this paragraph. The General Accounting Office shall report to the Congress by January 1, 1981, and at any time thereafter at the discretion of the Comptroller General, on the findings of this evaluation and shall make recommendations on actions needed to improve the Administration's performance pursuant to this paragraph. "(4) The Administration shall give preference to projects which promote the ownership, participation in ownership, or management of small businesses owned by low-income individuals and small businesses eligible to receive contracts pursuant to section 8(a) of this Act. " (5) The financial assistance authorized for projects under this subsection includes assistance advanced by grant, agreement, or contract. "(6) The Administration is authorized to make payments under grants and contracts entered into under this subsection in lump sum or installments, and in advance or by way of reimbursement, and in the case of grants, with necessary adjustments on account of overpayments or underpayments. "(7) To the extent feasible, services under this subsection shall be provided in a location which is easily accessible to the individuals and small business concerns served. " (8) The General Accounting Office shall provide for an independent and continuing evaluation of programs under sections 7(i), 7(j), and 8(a) of this Act, including full information on, and analysis of, the character and impact of managerial assistance provided, the location, income characteristics, and extent to which private resources and skills have been involved in these jjrograms. Such evaluation together with any recommendations deemed advisable by the Comptroller General shall be reported to the Congress by January 1, 1981, and at any time thereafter at the discretion of the Comptroller General. "(9) The Administration shall take such steps as may be necessary and appropriate, in coordination and cooperation with the heads of other Federal departments and agencies, to insure that contracts, subcontracts, and deposits inade by the Federal Government or with programs aided with Federal funds are placed in such way as to furtlier the purposes of sections 7(i), 7(j), and 8(a) of this Act. "(10) There is established within the Administration a small business and capital ownership development program (hereinafter referred to as the 'Program') which shall provide assistance exclusively for small business concerns eligible to receive contracts pursuant to section 8(a) of this Act. The management of the Program shall be vested in the Associate Administrator for Minority Small

92 STAT. 1765 Ante, p. 1761.

15 USC 636. Ante, p. 1764. Advisory committee, establishment. Membership.

Report to Congress.

Grants and contracts.

Program evaluation.

Report to

Small business and capital ownership development program, establishment.

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text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/486

 92 STAT. 1766

PUBLIC LAW 95-507—OCT. 24, 1978

Business and Capital Ownership Development who shall also manage all other services and activities authorized under sections 7(i) and Ante, pp. 17614, 8 (a) of this Act. J761. "(A) The Program shall— "(i) assist small business concerns participating in the Program to develop comprehensive business plans with specific business targets, objectives, and goals; " (ii) provide for such other nonfinancial services as deemed necessary for the establishment, preservation, and growth of small business concerns participating in the Program, including but not limited to (I) loan packaging, (II) financial counseling, ( III) accounting and bookkeeping assistance, (IV) marketing assistance, and (V) management assistance; "(iii) assist small business concerns participating in the Program to obtain equity and debt financing; ^ ^ "(iv^) establish regular performance monitoring and reporting systems for small business concerns participating in the Program to assure compliance with their business plans; "(v) analyze and report the causes of success and failure of small business concerns participating in the Program; and "(vi) provide assistance necessary to help small business concerns participating in the Program to procure surety bonds, with such assistance including, but not limited to, (I) the preparation of application forms required to receive a 1 surety bond, (II) special management and technical assistance designed to meet the specific needs of small business concerns participating in the Program and which have received or are applying to receive a surety bond, and ( III) preparation of all forms necessary to receive a surety bond guarantee from the Adma.iiistration pursuant to title IV, part 15 USC 694a. B of the Small Business Investment Act of 1958. •*'(B) Small business concerns eligible to receive contracts pursuant to section 8(a) of this Act shall participate in the Program. "(C) No small business concern shall receive a contract pursuant to section 8(a) of this Act unless the Program is able to provide such small business concern with, but not limited to, such management, technical, and financial services as may be necessary to promote the competitive viability of the small business concern within a reasonable period of time. Responsibilities. "(11) The Associate Administrator for Minority Small Business and Capital Ownership Development shall be responsible for coordinating and formulating policies relating to Federal assistance to small business concerns eligible for assistance under section 7(i) of this Act and small business concerns eligible to receive contracts pursuant to section 8(a) of this Act.". 15 USC 636. SEC. 205. Section 7(k) of the Small Business Act is amended by striking the words "7(i) and 7 (j) " and inserting in lieu thereof "7(i), 7(j), and 8(a)". 15 USC 633. SEC. 206. Section 4(b) of the Small Business Act is amended by striking "Associate Administrator for Minority Small Business" where it appears therein and by substituting the following: "Associate Administrator for Minority Small Business and Capital Ownership Development".

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text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/487

 PUBLIC LAW 95-507—OCT. 24, 1978

92 STAT. 1767

SEC. 207. Nothing in this chapter is intended to duplicate or limit 15 USC 647 note, any programs or projects administered by the Department of Commerce. CHAPTER 2

SEC. 211. Section 8(d) of the Small Business Act is amended to read Contract opportunities for as follows: "(d)(1) It is the policy of the United States that small business certain small concerns, and small business concerns owned and controlled by socially business concerns. and economically disadvantaged individuals, shall have the maximum 15 USC 637. practicable opportunity to participate in the performance of contracts let by any Federal agency. "(2) The clause stated in paragraph (3) shall be included in all contracts let by any Federal agency except any contract which— " (A) does not exceed $10,000; "(B) including all subcontracts under such contracts will be performed entirely outside of any State, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico; or "(C) is for services which are personal in nature. "(3) The clause required by paragraph (2) shall be as follows: " '(A) It is the policy of the United States that small business concerns and small business concerns owned and controlled by socially and economically disadvantaged individuals shall have the maximum practicable opportunity to participate in the performance of contracts let by any Federal agency. " ' (B) The contractor hereby agrees to carry out this policy in the awarding of subcontracts to the fullest extent consistent with the ej[ficient performance of this contract. The contractor further agrees to cooperate in any studies or surveys as may be conducted by the United States Small Business Administration or the awarding agency of the United States as may be necessary to determine the extent of the contractor's compliance with this clause. " ' (C) As used in this contract, the term "small business con- Definitions. cern" shall mean a small business as defined pursuant to section 3 of the Small Business Act and relevant regulations promulgated 15 USC 632. pursuant thereto. The term "small business concern owned and controlled by socially and economically disadvantaged individuals" shall mean a small business concern— " '(i) which is at least 51 per centum owned by one or more socially and economically disadvantaged individuals; or, in the case of any publicly owned business, at least 51 per centum of the stock of which is owned by one or more socially and economically disadvantaged individuals; and " ' ( i i) whose management and daily business operations are controlled by one or more of such individuals. " 'The contractor shall presume that socially and economically disadvantaged individuals include Black Americans, Hispanic Americans, Native Americans, and other minorities, or any other individual found to be disadvantaged by the Administration pursuant to section 8(a) of the Small Business Act. ' " (D) Contractors acting in good faith may rely on written representations by their subcontractors regarding their status as either a small business concern or a small business concern owned and controlled by socially and economically disadvantaged individuals.'

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text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/488

 92 STAT. 1768

Incentives for small business subcontracting.

Subcontracting plans.

PUBLIC LAW 95-507—OCT. 24, 1978

"(4)(A) Each solicitation of an offer for a contract to be let by a Federal agency which is to be awarded pursuant to the negotiated method of procurement and which may exceed $1,000,000, in the case of a contract for the construction of any public facility, or $500,000, in the case of all other contracts, shall contain a clause notifying potential offering companies of the provisions of this subsection relating to contracts awarded pursuant to the negotiated method of procurement. "(B) Before the award of any contract to be let, or any amendment or modification to any contract let, by any Federal agency which— "(i) is to be awarded, or was let, pursuant to the negotiated method of procurement, "(ii) is required to include the clause stated in paragraph (3), "(iii) may exceed $1,000,000 in the case of a contract for the construction of any public facility, or $500,000 in the case of all other contracts, and " (iv) which offers subcontracting possibilities, the ai^parent successful offeror shall negotiate with the procurement uuthority a subcontracting plan which incorporates the information prescribed in paragraph (6). The subcontracting plan shall be included in and made a material part of the contract. "(C) If, within the time limit prescribed in regulations of the Federal agency concerned, the apparent successful off'eror fails to negotiate the subcontracting plan required by this paragraph, such offeror shall become ineligible to be awarded the contract. Prior compliance of the off'eror with other such subcontracting plans shall be considered by the Federal agency in determining the responsibility of that offeror for the award of the contract. "(D) No contract shall be awarded to any offeror unless the procurement authority determines that the plan to be negotiated by the offeror pursuant to this paragraph provides the maximum practicable opportunity for small business concerns and small business concerns owned and controlled by socially and economically disadvantaged individuals to participate in the performance of the contract. " (E) Notwithstanding any other provision of law, every Federal agency, in order to encourage subcontracting opportunities for small business concerns and small business concerns owned and controlled by the socially and economically disadvantaged individuals as defined in paragraph (3) of this subsection, is hereby authorized to provide such incentives as such Federal agency may deem appropriate in order to encourage such subcontracting opportunities as may be commensurate with the efficient and economical performance of the contract: Provided, That, this subparagraph shall apply onl}- to contracts let pursuant to the negotiated method of procurement. "(5)(A) Each solicitation of a bid for any contract to be let, or any amendment or modification to any contract let, by any Federal agency which— " (i) is to be awarded pursuant to the formal advertising method of procurement, "(ii) is required to contain the clause stated in paragraph (3) of this subsection, "(iii) may exceed $1,000,000 in the case of a contract for the construction of any public facility, or $500,000, in the case of all other contracts, and " (iv) offers subcontracting possibilities, shall contain a clause requiring any bidder who is selected to be awarded a contract to submit to the Federal agency concerned a sub-

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text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/489

 PUBLIC LAW 95-507—OCT. 24, 1978

92 STAT. 1769

contracting plan which incorporates the information prescribed in paragraph (6). - P I "(B) If, within the time limit prescribed in regulations of the Federal agency concerned, the bidder selected to be awarded the contract fails to submit the subcontracting plan required by this paragraph, such bidder shall become ineligible to be awarded the contract. Prior compliance of the bidder with other such subcontracting plans shall be considered by the Federal agency in determining the responsibility of such bidder for the award of the contract. The subcontracting plan of the bidder awarded the contract shall be included in and made a material part of the contract. "(6) Each subcontracting plan required under paragraph (4) or (5) shall include— "(A) percentage goals for the utilization as subcontractors of small business concerns and small business concerns owned and controlled by socially and economically disadvantaged individuals; "(B) the name of an individual within the employ of the offeror or bidder who will administer the subcontracting program of the offeror or bidder and a description of the duties of such individual; "(C) a description of the efforts the offeror or bidder will take to assure that small business concerns and small business concerns owned and controlled by the socially and economically disadvantaged individuals will have an equitable opportunity to compete for subcontracts; "(D) assurances that the offeror or bidder will include the clause required by paragraph (2) of this subsection in all subcontracts which offer further subcontracting opportunities, and that the offeror or bidder will require all subcontractors (except small business concerns) who receive subcontracts in excess of $1,000,000 in the case of a contract for the construction of any public facility, or in excess of $500,000 in the case of all other contracts, to adopt a plan similar to the plan required under paragraph (4) or (5); " (E) assurances that the offeror or bidder will submit such periodic reports and cooperate in any studies or surveys as may be required by the Federal agency or the Administration in order to determine the extent of compliance by the offeror or bidder with the subcontracting plan; and " (F) a recitation of the types of records the successful offeror or bidder will maintain to demonstrate procedures which have been adopted to comply with the requirements and goals set forth in this plan, including the establishment of source lists of small business concerns and small business concerns owned and controlled by socially and economically disadvantaged individuals; and efforts to identify and award subcontracts to such small business concerns. "(7) The provisions of paragraphs (4), (5), and (6) shall not apply to offerors or bidders who are small business concerns. "(8) The failure of any contractor or subcontractor to comply in Breach of good faith with—

or

"(A) the clause contained in paragraph (3) of this subsection,

"(B) any plan required of such contractor pursuant to the authority of this subsection to be included in its contract or subcontract, shall be a material breach of such contract or subcontract.

contract.

.

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text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/490

 92 STAT. 1770

Review.

Subcontracting plans, compliance evaluation. Report to congressional committees.

PUBLIC LAW 95-507—OCT. 24, 1978 "(9) Nothing contained in this subsection shall be construed to supersede the requirements of Defense Manpower Policy Number 4A (32A CFR Chap. 1) or any successor policy. "(10) In the case of contracts within the provisions of paragraphs (4), (5), and (6), the Administration is authorized to— "(A) assist Federal agencies and businesses in complying with their responsibilities under the provisions of this subsection, including the formulation of subcontracting plans pursuant to paragraph (4); "(B) review any solicitation for any contract to be let pursuant to paragraphs (4) and (5) to determine the maximum practicable opportunity for small business concerns and small business concerns owned and controlled by socially and economically disadvantaged individuals to participate as subcontractors in the performance of any contract resulting from any solicitation, and to submit its findings, which shall be advisory in nature, to the appropriate Federal agency; and "(C) evaluate compliance with subcontracting plans, either on a contract-by-contract basis, or in the case contractors having multiple contracts, on an aggregate basis. "(11) At the conclusion of each fiscal year, the Administration shall submit to the Senate Select Committee on Small Business and the Committee on Small Business of the House of Representatives a report on subcontracting plans found acceptable by any Federal agency which the Administration determines do not contain maximum practicable opportunities for small business concerns and small business concerns owned and controlled by socially and economically disadvantaged individuals to participate in the performance of contracts described in this subsection.". CHAPTER 3

15 USC 644.

Reports to Small Business Administration.

Submittal of information to congressional committees.

SEC. 221. Section 15 of the Small Business Act is amended by adding at the end of subsection (f) the following new subsections: " (g) The head of each Federal agency shall, after consultation with the Administration, establish goals for the participation by small business concerns, and by small business concerns owned and controlled by socially and economically disadvantaged individuals, in procurement contracts of such agency having values of $10,000 or more. Goals established under this subsection shall be jointly established by the Administration and the head of each Federal agency and shall realistically reflect the potential of small business concerns and small business concerns owned and controlled by socially and economically disadvantaged individuals to perform such contracts and to perform subcontracts under such contracts. Whenever the Administration and the head of any Federal agency fail to agree on estaWished goals, the disagreement shall be submitted to the Administrator of the Office of Federal Procurement Policy for final determination. "(h) At the conclusion of each fiscal year, the head of each Federal agency shall report to the Administration on the extent of participation by small business concerns and small business concerns owned and controlled by socially and economically disadvantaged individuals in procurement contracts of such agency. Such reports shall contain appropriate justifications for failure to meet the goals established under subsection (g) of this section. The Administration shall submit to the Select Committee on Small Business of the Senate and

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text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/491

 PUBLIC LAW 95-507—OCT. 24, 1978 the Committee on Small Business of the House of Representatives information obtained from such reports, together with appropriate comments. "(i) Nothing in this Act or any other provision of law precludes exclusive small business set-asides for procurements of architectural and engineering services, research, development, test and evaluation, and each Federal agency is authorized to develop such set-asides to further the interests of small business in those areas. " (j) Each contract for the procurement of goods and services which has an anticipated value of less than $10,000 and which is subject to small purchase procedures shall be reserved exclusively for small business concerns unless the contracting officer is unable to obtain offers from two or more small business concerns that are competitive with market prices and in terms of quality and delivery of the goods or services being purchased. In utilizing small purchase procedures, contracting officers shall, wherever circumstances permit, choose a method of payment which minimizes paperwork and facilitates prompt payment to contractors. " (k) There is hereby established in each Federal agency having procurement powers an office to be known as the 'Office of Small and Disadvantaged Business Utilization'. The management of each such office shall be vested in an officer or employee of such agency who shall— "(1) be known as the 'Director of Small and Disadvantaged Business Utilization' for such agency, " (2) be appointed by the head of such agency, "(3) be responsible only to, and report directly to, the head of such agency or to his deputy, " (4) be responsible for the implementation and execution of the functions and duties under sections 8 and 15 of this Act which relate to such agency, "(5) have supervisory authority over personnel of such agency to the extent that the functions and duties of such personnel relate to functions and duties under sections 8 and 15 of this Act, "(6) assign a small business technical adviser to each office to which the Administration has assigned a procurement center representative— "(A) who shall be a full-time employee of the procuring activity and shall be well qualified, technically trained and ' familiar with the supplies or services purchased at the activity, and "(B) whose principal duty shall be to assist the Administration procurement center representative in his duties and functions relating to sections 8 and 15 of this Act, and " (7) cooperate, and consult on a regular basis, with the Administration with respect to carrying out the functions and duties described in paragraph (4) of this subsection. "This subsection shall not apply to the Administration.". SEC. 222. The Administrator of the Office of Federal Procurement Policy is authorized and directed, pursuant to the authority conferred by Public Law 93-400 and subject to the procedures set forth in such Public Law, to promulgate a single, simplified, uniform Federal procurement regulation and to establish procedures for insuring compliance with such provisions by all Federal agencies. In formulating such regulations and procedures the Administrator of the Office of Federal Procurement Policy shall, in consultation with the Small Business Administration, conduct analyses of the impact on small business concerns resulting from revised procurement regulations, and

92 STAT. 1771

Small purchase procedures.

Office of Small and Disadvantaged Business Utilization, establishment.

15 USC 637, 644.

Uniform Federal procurement regulations and procedures. 41 USC 405a. 41 USC 401 note.

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text: Folk-Lore/Volume 10/Britain and Folklore


text: Author:Sidney Frederic Harmer

title: Author:Sidney Frederic Harmer


text:
The New International Encyclopædia/Müller, Eduard

MÜLLER, (1828-95). A German sculptor, born at Hildburghausen. His first occupation was that of a cook in the ducal kitchen at Coburg, and he practiced his trade subsequently in Munich and Paris, and thence went to Antwerp, where, on the advice of the sculptor Geefs, he proceeded to study at the Academy in 1850. Two years afterwards he continued his studies in Brussels, and in 1857 settled permanently in Rome. Masterly composition, great truthfulness to life, and a high degree of technical perfection are the chief characteristics of his ideal figures and mythological groups, the best known of which include: “Nymph Kissing Cupid” (1862); “Faith, Love, and Hope” (1869), Schröder Mausoleum, Hamburg; “Satyr with the Mask” (1870); “The Faun's Secret” (1874); and “Eve with Her Children” (1880). His masterpiece is the group in heroic size, “Prometheus Bound and the Oceanids” (1874-79), National Gallery, Berlin, chiseled out of a single block of marble.


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/492

 92 STAT. 1772

Information availability.

15 USC 637b.

Definitions. 15 USC 637c.

15 USC 632.

PUBLIC LAW 95-507—OCT. 24, 1978 incorporate into revised procurement regulations simpliified -bidding, contract performance, and contract administration procedures for small business concerns. SEC. 223. (a) For any contract to be let by any Federal agency, such agency shall provide to any small business concern upon its request— (1) a copy of bid sets and specifications with respect to such contract; (2) the name and telephone number of an employee of such agency to answer questions with respect to such contract; and (3) adequate citations to each major Federal law or agency rule with which such business concern must comply in performing such contract. (b) Subsection (a) shall not apply to any contract or subcontract under such contract which— (1) will be performed entirely outside any State, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico; or (2) is for services which are personal in nature. SEC. 224. (a) For purposes of this Act— (1) the term "Administrator" means the Administrator of the Small Business Administration; (2) the term "Federal agency" has the meaning given the term "agency" by section 551(1) of title 5, United States Code, but does not include the United States Postal Service or the General Accounting Office; and (3) the term "Government procurement contract" means any contract for the procurement of any goods or services by any Federal agency. (b) Section 3 of the Small Business Act is amended by inserting " (a) " after "Sec. 3." and by adding at the end thereof the following new subsection: "(b) For purposes of this Act, any reference to an agency or department of the United States, and the term 'Federal agency', shall have the meaning given the term 'agency' by section 551(1) of title 5, United States Code, but does not include the United States Postal Service or the General Accounting Office.". CHAPTER 4

15 USC 636.

25 USC 450b. 15 USC 644. Report to congressional committees.

SEC. 231. Section 7(a) of the Small Business Act is amended by inserting after the phrase "The Administration is empowered to make loans to enable small-business concerns" the phrase ", or small-business concerns 100 percent owned and controlled by an Indian tribe as defined in section 4(a) of the Indian Self-Determination and Education Assistance Act,". SEC. 232. Section 15(f) of the Small Business Act is amended by striking out "September 30, 1979" and inserting in lieu thereof "September 30, 1980". SEC. 233. Section 15 of the Small Business Act is amended by adding at the end thereof the following new subsection: " (1)(1) The President shall, not later than October 1, 1979, transmit to the Select Committee on Small Business and the Committee on Armed Services of the Senate and to the Committee on Small Business and the Committee on Armed Services of the House of Representatives a report on the labor surplus area procurement program under this section and the manpower policy described in subparagraph (D).

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text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/493

 PUBLIC LAW 95-507—OCT. 24, 1978

92 STAT. 1773

Such report, together with recommendations, shall include, but not be limited to— " (A) an analysis of the effectiveness of such labor surplus area procurement program, including its effectiveness in creating jobs in the areas of high unemployment and the method by which labor markets are classified and designated as labor surplus areas; "(B) its potential benefits to Federal, State and local governments, including tax benefits, reductions in Federal payments to labor surplus areas, and reductions in State unemployment costs where such information is available; "(^C) its potential costs, including its impact on the efficient utilization of Federal resources, its effect on the local economy of non-labor surplus areas, its impact on small business concerns not in labor surplus areas to the extent such information is available, and its impact on contract costs to the Federal Government; and "(D) with respect to the implementation by the Department of Defense of Defense Manpower Policy Number 4A (32A CFK Chapter 1) or any successor policy, in addition to the matters required by subparagraphs (A), (B), and (C), information concerning the impact on such matters of the expenditure of any funds which were available for procurement and which were not obligated for expenditure on September 30, 1977. Approved October 24, 1978.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 95-949 (Comm. on Small Business) and No. 95-1714 (Comm. of Conference). SENATE REPORTS: No. 95-1070 (Select Comm. on Small Business) and No. 95-1140 (Comm. on Governmental Affairs). CONGRESSIONAL RECORD, Vol. 124 (1978): Mar. 20, considered and passed House. Sept. 15, considered and passed Senate, amended. Oct. 6, House agreed to conference report, Oct. 10, Senate agreed to conference report.

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text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/494

 92 STAT. 1774

PUBLIC LAW 95-508—OCT. 24, 1978

Public Law 95-508 95th Congress An Act Oct. 24, 1978 [H.R. 12165]

Metal articles, duty suspension. 19 USC 1202 app.

Effective date. 19: u s e 1202 app. note.

19 USC 1202 app. note.

19 USC 1202 app.

To extend until the close of June 30, 1981, the existing suspension of duties on certain metal waste and scrap, unwrought metal, and other articles of metal, 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) subpart B of part 1 of the Appendix to the Tariff Schedules of the United States (19 U.S.C. 1202) is amended— (1) by striking out the colon at the end of the superior heading to items 911.10, 911.11, and 911.12 and inserting m lieu thereof "or to be processed by shredding, shearing, compacting, or similar processing which renders them fit only for the recovery of the metal content:"; and (2) by striking out "6/30/78" in each of items 911.10, 911.11, and 911.12 and inserting in lieu thereof "6/30/81". (b) The amendments made by subsection (a) shall apply with respect to articles entered, or withdrawn from warehouse, for consumption on or after the date of the enactment of this Act. (c) Upon request therefore filed with the customs officer concerned on or before the ninetieth day after the date of the enactment of this Act, the entry or withdrawal of any article— (1) which was made after June 30, 1978, and before the date of the enactment of this Act, and (2) with respect to which there would have been no duty if the amendment made by subsection (a)(2) applied to such entry or withdrawal, shall, notwithstanding section 514 of the Tariff Act of 1930 or any other provision of law, be liquidated or reliquidated as though such entry or withdrawal had been made on the date of the enactment of this Act. SEC. 2. (a) Subpart B of part 1 of the Appendix to the Tariff Schedules of the United States (19 U.S.C. 1202) is amended by adding in numerical sequence the following new item: 903.60

Effective date. 19 USC 1202 app. note.

Mixtures of mashed or macerated hot red peppers and salt (provided for in item 141.77or 141.81, part 8C, schedule 1). Free No change On or before 6/30/81

(b) The amendment made by subsection (a) shall apply with respect to articles entered, or withdrawn from warehouse, for consumption on or after the date of enactment of this Act. Approved October 24, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1361 (Comm. on Ways and Means). SENATE REPORT No. 95-1243 (Comm. on Finance). CONGRESSIONAL RECORD, Vol. 124 (1978): Sept. 12, considered and passed House. Sept. 30, considered and passed Senate, amended. Oct. 10, House concurred in Senate amendments.

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text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/495

 PUBLIC LAW 95-509—OCT. 24, 1978

92 STAT. 1775

Public Law 95-509 95th Congress An Act To authorize appropriations for the Department of Energy for national security programs for fiscal year 1979, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Department of Energy National Security and Military Applications of Nuclear Energy Authorization Act of 1979". TITLE 1—NATIONAL SECURITY PROGRAMS OPERATING

EXPENSES

SEC. 101. Funds are hereby authorized to be appropriated to the Department of Energy (hereinafter in this title referred to as the "Department") for fiscal year 1979 for operating expenses incurred in carrying out national security programs, including scientific research and development in support of the armed services, strategic and critical materials necessary for the common defense, and military applications of nuclear energy as follows: (1) For Weapons Activities, $1,237,194,000; (2) For Special Materials Production, $514,500,000; (3) For Inertial Confineinent Fusion, $104,000,000; (4) For Naval Reactor Development, $265,600,000; (5) For Defense Intelligence and Arms Control, $32,600,000; (6) For Nuclear Materials Security and Safeguards, $45,089,000; and (7) For Program Direction and Management Support Related to National Security Programs, $47,151,000. PLANT AND CAPITAL EQUIPMENT

SEC. 102. Funds are hereby authorized to be appropriated to the Department for fiscal year 1979, for plant and capital equipment, including planning, construction, acquisition, or modification of facilities (including land acquisition), and for acquisition and fabrication of capital equipment not related to construction, necessary for national Security programs, as follows: (1) For weapons activities: Project 79-7-a Tonopah Test Range upgrade, Phase II, Sandia Laboratories, Albuquerque, New Mexico, $4,000,000. Project 79-7-b, fire protection improvements, Los Alamos Scientific Laboratory, Los Alamos, New Mexico (A-E and long lead procurement only), $2,000,000. Project 79-7-c, proton storage ring, Los Alamos Scientific Laboratory, Los Alamos, New Mexico, $5,000,000. Project 79-7-d, water cooling station upgrade, Lawrence Livermore Laboratory, Livermore, California, $2,300,000. Project 79-7-e, production and assembly facilities, Pantex Plant, Amarillo, Texas, $10,000,000. Project 79'-7-f, stockpile quality evaluation facility, Y-12 Plant, Oak Ridge, Tennessee, $2,300,000.

Oct. 24, 1978 [H.R. 11686]

Department of Energy National Security and Military Applications of Nuclear Energy Authorization Act of 1979.

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text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/496

 92 STAT. 1776

PUBLIC LAW 95-509—OCT. 24, 1978 Project 79-7-1, Systems R&D Lab, Sandia Laboratories, Albuquerque, New Mexico ( A - E), $1,000,000. Project 79-7-ni, Weapons Materials Analytical Lab, Pantex Plant, Amarillo, Texas, $1,500,000. Project 79-7-n, utility systems restoration, Y-12 Plant, Oak Eidge, Tennessee, $2,200,000. Project 79-7-0, universal pilot plant, high explosives, Pantex Plant, Amarillo, Texas, $3,500,000. Project 79-7-p, facilities for new modern strategic bomb, various locations, $28,000,000.

ii

'y

(2) For special materials production: Project 79-7-h, utilities replacement and expansion, I d a h o Chemical Processing P l a n t, I d a h o National Engineering Laboratory, I d a h o Falls, I d a h o, $10,500,000. Project 79-7-i, transmission and distribution systems upgrading, Richland, Washington, $7,000,000. Project 7 9 - 7 - j, pollutant discharge elimination, Savannah River, South Carolina, $9,000,000.

(3) For defense waste management: Project 79-7-k, waste management facilities. Savannah River, South Carolina, $25,000,000. (4) For project 79-6, general plant projects— (A) for weapons activities, $26,400,000; (B) for special materials production, $15,250,000; (C) for naval reactor development, $3,000,000; and (D) for waste management, $5,950,000. (5) For project 79-8, plant engineering and design— (A) for special materials production, $1,500,000; (B) for defense waste management, $12,000,000; \ (C) for militarv application, $32,000,000; and (D) for inertial confinement fusion, $1,000,000. (6) For capital equipment not related to construction— (A) for weapons activities, $86,400,000; (B) for special materials production, $32,000,000; "' (C) for waste management, $8,000,000; (D) for inertial confinement fusion, $8,200,000; (E) for naval reactor development, $22,000,000; (F) for nuclear material security and safeguards, $3,000,000; and (G) for program direction and management support, $300,000.

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ADDITIONAL AUTHORIZATIONS FOR PREVIOUSLY AUTHORIZED PROJECTS

w-

SEC. 103. Funds are hereby authorized to be appropriated to the Department for fiscal year 1979, for national security projects previously authorized by law, as follows: (1) For project 74-1-b, replacement ventilation air filter, F Chemical Separations Area, Savannah River, South Carolina, $2,100,000; for a total authorization of $7,300,000. (2) For project 75-7-c, intermediate-level waste management facilities. Oak Ridge National Laboratory, Oak Ridge, Tennessee, $1,000,000; for a total authorization of $11,500,000. (3) For project 77-13-a, fluorinel dissolution process and fuel receiving improvements, Idaho Chemical Processing Plant, Idaho National Engineering Laboratory, Idaho Falls, Idaho, $50,000,000; for a total authorization of $65,000,000.

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 PUBLIC LAW 95-509—OCT. 24, 1978 (4) For project 77-13-f, waste isolation pilot plant, Delaware Basin, southeast New Mexico, $40,000,000; for a total authorization of $68,000,000. (5) For project 77-13-g, safeguards and security upgrading, production facilities, multiple sites, $3,800,000; for a total authorization of $20,200,000. (6) For project 78-4-a, a high energy laser facility (NOVA), Lawrence Livermore Laboratory, Livermore, California, $187,000,000; for a total authorization of $195,000,000. (7) For project 78-16-c, high explosive flash radiography facility, Lawrence Livermore Laboratory, Livermore, California, $5,900,000; fora total authorization of $10,900,000. (8) For project 78-16-d, weapons safeguards, various locations, $9,000,000; for a total authorization of $26,000,000. (9) For project 78-16-g, radioactive liquid waste improvement, Los Alamos Scientific Laboratory, Los Alamos, New Mexico, $5,700,000; for a total authorization of $6,300,000. (10) For project 78-16-i; laboratory support complex, Los Alamos Scientific Laboratory, Los Alamos, New Mexico, $14,000,000; for a total authorization of $16,000,000. (11) For project 78-l7-a, production component warehouse, Pantex Plant, Amarillo, Texas, $2,550,000; for a total authorization of $2,800,000. (12) For project 78-17-c, core facilities office building, utilities and roads, Lawrence Livermore Laboratory, Livermore, California, $11,000,000; for a total authorization of $12,300,000. (13) For project 78-17-d, steam plant improvements, Y-12 Plant, Oak Ridge, Tennessee, $7,000,000; for a total authorization of $10,000,000. (14) For project 78-18-a, high level waste storage and waste management facilities, Richland, Washington, $9,000,000; for a total authorization of $27,000,000._ (13) For project 78-18-c, environmental, safety and security improvements to waste management and materials processing facilities, Richland, Washington, $13,000,000; for a total authorization of $28,500,000.

92 STAT. 1777

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TITLE II—GENERAL PROVISIONS REPROGRAMMING

SEC. 201. Except as otherwise provided in this Act— (1) no amount appropriated pursuant to this Act may be used for any program in excess of the amount actually authorized for that particular program by this Act, and (2) no amount appropriated pursuant to this Act may be used for any program which has not been presented to, or requested of, the Congress, unless a period of 30 calendar days (not including any day in which either House of Congress is not in session because of adjournment of more than three calendar days to a day certain) has passed after the receipt by the appropriate committees of Congress of notice given by the Secretary of Energy (hereinafter in this title referred to as the "Secretary") containing a full and complete statement of the action proposed to be taken and the facts and circumstances relied upon in support of such proposed action, or unless each such committee before the expiration of such period has transmitted to the Secretary written

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PUBLIC LAW 95-509—OCT. 24, 1978

notice to the effect that such committee has no objection to the proposed action. PROJECT COST VARIATION

PROVISION

SEC. 202. (a) No project for which appropriations are authorized in section 102(1), (2), or (3) may be started if the current estimated cost of such project exceeds by more than 25 percent the amount authorized for such project. (b) At any time the current estimated cost of any such project under construction exceeds by more than 25 percent the total amount authorized by law for such project, the Secretary shall (1) promptly notify the appropriate committees of the Congress of such fact and include in the notification an explanation for the increased cost of the project and the revised current estimated cost figures for such project, and (2) not proceed with such project unless and until additional funds for such project are authorized by law. (c) The provisions of this section shall not apply to any project which has a current estimated cost of less than $5,000,000. LIMITS ON GENERAL PLANT

PROJECTS

SEC. 203. The Secretary is authorized to start any project set forth under section 102(4) only if— (1) the then maximum currently estimated cost of such project does not exceed $750,000 and the then maximum currently estimated cost of any building included in such project does not exceed $300,000, except that the building cost limitation may be exceeded if the Secretary determines that it is necessary to do so in the interest of efficiency and economy; and (2) the total cost of all projects undertaken under such section does not exceed the estimated cost set forth in such section by more than 25 percent. AVAILABILITY OF FUNDS

SEC. 204. Subject to the provisions of appropriations Acts, amounts appropriated pursuant to sections 101 and 102 of this Act for policy and management activities, for general plant projects, and for plant engineering and design are available for use, when necessary, in connection with all national security programs of the Department of Energy. AUTHORIZATION TO PERFORM CONSTRUCTION DESIGN SERVICES

Notification to congressional committees.

SEC. 205. The Secretary is authorized to perform construction design services for any construction project of the Department of Energy in support of national security programs which have been presented to, or requested of, the Congress in amounts not in excess of the amount specified in section 102(5). In any case in which the estimated design cost for any project is in excess of $300,000, the Secretary shall notify the appropriate Committees of Congress in writing of the estimated design cost for such project at least 30 days before any funds are obligated for design services for such project. ADJUSTMENTS FOR PAY INCREASES

SEC. 206. Appropriations authorized by this Act for salary, pay, retirement, or other benefits for Federal employees may be increased by such amounts as may be necessary for increases in such benefits authorized by law.

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92 STAT. 1779

RESTRICTIONS ON THE B 4 3 BOMB

SEC. 207. No funds authorized to be appropriated by this Act may be used for the testing, modernization, rebuilding, or replacement of any component of the B43 bomb, except that such funds may be used for quality and reliability testing of such bomb and for the replacement of limited-life components of such bomb. FUTURE R E Q U E S T S OP AUTHORIZATIONS FOR APPROPRIATIONS

SEC. 208. The Secretary shall submit to the Congress for fiscal year Submittal to 1980, and for each subsequent fiscal year, a single request for author- ^^cr%o7i izations for appropriations for all programs of the Department of ^^ ^^^ 7271. Energy involving scientific research and development in support of the armed forces, military applications of nuclear energy, strategic and critical materials necessary for the common defense, and other programs which involve the common defense and security of the United States. STUDY OF CAPITAL INVESTMENT REQUIREMENTS

SEC. 209. (a) The Secretary shall conduct a study of the status of all Submittal to Government-owned, contractor-operated, plant, capital equipment, Congress. facilities, and utilities which support the United States nuclear weap- 42 USC 7271 ons program and submit the results of such study to the Congress at note. the same time that the Department of Energy authorization request for fiscal year 1980 is submitted to the Congress. (b) The Secretary shall include in such report— (1) an analysis of the measures required to restore the nuclear weapons complex of the United States to a satisfactory condition, and (2) a plan containing proposed schedules for carrying out and funding any restoration found to be necessary. REQUIREMENT FOR MILITARY PERSONNEL DETAILED TO THE DEPARTMENT OF ENERGY TO BE INCLUDED I N AUTHORIZED END STRENGTHS

S E C 210. Section 625(b) of the Department of Energy Organization Act (91 Stat. 598) is amended by striking out the second sentence. 42 USC 7235. RESTRICTIONS ON 8 M - 2

WARHEAD

SEC. 211. None of the funds authorized to be appropriated by this or any other Act may be obligated or expended for the development of a nuclear warhead for the SM-2 standard missile until an arms control impact statement for such warhead has been filed with the Congress. Approved October 24, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1108 (Comm. on Armed Services). SENATE REPORT No. 95-961 accompanying S. 2693 (Comm. on Armed Services) and (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 124 (1978): May 16, 17, considered and passed House. Sept. 30, considered and passed Senate, amended, in lieu of S. 2693. Oct. 11, House concurred in Senate amendment.

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 92 STAT. 1780

PUBLIC LAW 95-510—OCT. 24, 1978

Public Law 95-510 95th Congress An Act Oct. 24, 1978 [H.R. 13418]

Small Business Act, amendment. Volunteer programs, establishment and operation.

5 USC 8101 et seq.

Volunteer reimbursement.

To amend the Small Business Act by transferring thereto those provisions of the Domestic Volunteer Service Act of 1973 affecting the operation of volunteer

programs to assist small business, to increase the maximum allowable compensation and travel expenses for experts and consultants, and for other purposes.

Be it enacted by the SeTiate and House of Representatives of the United States of America in Congress assembled, SEC. 101. Section 8(b)(1) of the Small Business Act (15 U.S.C. 637(b)(1)) is amended by striking subparagraph (1)(B) and inserting in lieu thereof the following subparagraphs: "(B) To establish, conduct, and publicize, and to recruit, select, and train volunteers for (and to enter into contracts, grants, or cooperative agreements therefor), volunteer programs, including a Service Corps of Eetired Executives (SCORE) and an Active Corps of Executive (ACE) for the purposes of section 8(b) (1)(A) of this Act; and to facilitate the implementation of such volunteer programs the Administration may maintain at its headquarters and pay the expenses of a team of volunteers subject to such conditions and limitations as the Administration deems appropriate: Provided, That any such payments made pursuant to this subparagraph shall be effective only to such extent or in such amounts as are provided in advance in appropriation Acts. "(C) To allow any individual or group of persons participating with it in furtherance of the purposes of subparagraphs (A) and (B) to use the Administration's office facilities and related material and services as the Administration deems appropriate, including clerical and stenographic services: "(i) such volunteers, while carrying out activities under section 8(b)(1) of this Act shall be deemed Federal employees for the purposes of the Federal tort claims provisions in title 28, United States Code; and for the purposes of subchapter I of chapter 81 of title 5, United States Code (relative to compensation to Federal employees for work injuries) shall be deemed civil employees of the United States within the meaning of the term 'employee' as defined in section 8101 of title 5, United States Code, and the provisions of that subchapter shall apply except that in computing compensation benefits for disability or death, the monthly pay of a volunteer shall be deemed that received under the entrance salary for a grade GS-11 employee; " (ii) the Administrator is authorized to reimburse such volunteers for all necessary out-of-pocket expenses incident to their provision of services under this Act, or in connection with attendance at meetings sponsored by the Administration, or for the cost of malpractice insurance, as the Administrator shall determine, in accordance ^ith regulations which

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92 STAT. 1781

he or she shall prescribe, and, while they are carrying out such activities away from their homes or regular places of business, for travel expenses (including per diem in lieu of subsistence) as authorized by section 5703 of title 5, United States Code, for individuals serving without pay; and "(iii) such volunteers shall in no way provide services to a client of such Administration with a delinquent loan outstanding, except upon a specific request signed by such client for assistance in connection with such matter. "(D) Notwithstanding any other provision of law, no payment for supportive services or reimbursement of out-of-pocket expenses made to persons serving pursuant to section 8(b)(1) of this Act 15 USC 637. shall be subject to any tax or charge or be treated as wages or compensation for the purposes of unemployment, disability, retirement, public assistance, or similar benefit payments, or minimum wage laws. " (E) Notwithstanding any other provision of law and pursuant Defense to regulations which the Administrator shall prescribe, counsel proceedings, may be employed and counsel fees, court costs, bail, and other expenses. expenses incidental to the defense of volunteers may be paid in judicial or administrative proceedings arising directly out of the performance of activities pursuant to section 8(b)(1) of this Act, as amended (15 U.S.C. 637(b)(1)) to which volunteers have been made parties. " (F) In carrying out its functions under section 8(b)(1) of this Act, the Administration is authorized to accept, in the name of the Administration, and employ or dispose of in furtherance of the purposes of this Act, any money or property, real, personal, or mixed, tangible, or intangible, received by gift, devise, bequest, or otherwise; and, further, to accept gratuitous services and SEC. 102. (a) Title III of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 5031 et seq.), is hereby repealed. (b) Section 503 of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 5083), is hereby repealed. SEC. 103. Section 5(c) of the Small Business Act (15 U.S.C. 634(c)), is amended by striking the last sentence and inserting in lieu thereof the following: "Any individual so employed may be compensated at a rate not in excess of the daily equivalent of the highest rate payable under section 5332 of title 5, United States Code, including traveltime, and, while such individual is away from his or her home or regular place of business, he or she may be allowed travel expenses (including per diem in lieu of subsistence) as authorized by section 5703 of title 5, United States Code.".

Repeals.

Experts and consultants, compensation and expenses.

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 92 STAT. 1782

Effective date.

PUBLIC LAW 95-510—OCT. 24, 1978 SEC. 104. Section 7(k)(4) of the Small Business Act (15 U.S.C. 636 (k)(4)), IS amended by striking out "$100 per diem" and inserting m lieu thereof "the daily equivalent of the highest rate payable under section 5332 of title 5, United States Code". SEC. 105. This Act shall be effective October 1, 1979.

15 USC 634 note.

Approved October 24, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1375 (Comm. on Small Business). CONGRESSIONAL RECORD, Vol. 124 (1978): Sept. 25, considered and passed House. Oct. 11, considered and passed Senate.

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PUBLIC LAW 95-511—OCT. 25, 1978

Public Law 95-511 95th Congress An Act To authorize electronic surveillance to obtain foreign intelligence information.

Oct. 25, 1978 [S. 1566]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Foreign Intelligence Surveillance Act of 1978".

Foreign Intelligence Surveillance Act of 1978. TABLE OF CONTENTS 50 USC 1801 TITLE I—ELECTRONIC SURVEILLANCE WITHIN THE UNITED STATES note. FOR FOREIGN INTELLIGENCE PURPOSES Sec. 101. Definitions. Sec. 102. Authorization for electronic surveillance for purposes. Sec. 103. Designation of judges. Sec. 104. Application for an order. Sec. 105. Issuance of an order. Sec. 106. Use of inforuiation. Sec. 107. Report of electronic surveillance. Sec. 108. Congressional oversight. Sec. 109. Penalties. Sec. 110. Civil liability. Sec. 111. Authorization during time of war.

foreign

intelligence

TITLE II—CONFORMING AMENDMENTS Sec. 201. Amendments to chapter 119 of title 18, United States Code. TITLE III—EFFECTIVE DATE Sec. 301. Effective date.

TITLE I—ELECTRONIC SURVEILLANCE W I T H I N THE UNITED STATES FOR FOREIGN INTELLIGENCE PURPOSES DEFINITIONS

SEC. 101. As used in this title: (a) "Foreign power" means— (1) a foreign government or any component thereof, whether or not recognized by the United States; (2) a faction of a foreign nation or nations, not substantially composed of United States persons; (3) an entity that is openly acknowledged by a foreign government or governments to be directed and controlled by ^ u c h foreign government^rgovermnent&; (4) a group engaged in international terrorism or activities in preparation therefor; (5) a foreign-based political organization, not substantially composed of United States persons; or (6) an entity that is directed and controlled by a foreign government or governments. (b) "Agent of a foreign power" means— (1) any person other than a United States person, who— (A) acts in the United States as an officer or employee of a foreign power, or as a member of a foreign power as defined in subsection (a)(4);

50 USC 1801.

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PUBLIC LAW 95-511—OCT. 25, 1978

(B) acts for or on behalf of a foreign power which engages in clandestine intelligence activities in the United States contrary to the interests of the United States, when the circumstances of such person's presence in the United States indicate that such person may engage in such activities in the United States, or when such person knowingly aids or abets any person in the conduct of such activities or knowingly conspires with any person to engage in such activities; or (2) any person who— (A) knowingly engages in clandestine intelligence gathering activities for or on behalf of a foreign power, which activities involve or may involve a violation of the •.": criminal statutes of the United States; (B) pursuant to the direction of an intelligence service or network of a foreign power, knowingly engages in any - •, 4., other clandestine intelligence activities for or on behalf of such foreign power, which activities involve or are about to involve a violation of the criminal statutes of ^ the United States; (C) knowingly engages in sabotage or international terrorism, or activities that are in preparation therefor, for or on behalf of a foreign power; or (D) knowingly aids or abets any person in the conduct of activities described in subparagraph (A), (B), or (C) or knowingly conspires with any person to engage in activities described in subparagraph (A), (B), or (C). (c) "International terrorism" means activities that^— (1) involve violent acts or acts dangerous to human life that are a violation of the criminal laws of the United States or of any State, or that would be a criminal violation if committed within the jurisdiction of the United States or any State; (2) appear to be intended— (A) to intimidate or coerce a civilian population; (B) to influence the policy of a government by intimidation or coercion; or
 * r.„

(C) to affect the conduct of a government by assassination or k i d n a p p i n g; and (3) occur totally outside the United States, or transcend national boundaries in terms of the means by which they are accomplished, the persons they appear intended to coerce or intimidate, or the locale in which their perpetrators operate or seek asylum. (d) "Sabotage" means activities that involve a violation of 18 USC 2151 et chapter 105 of title 18, United States Code, or that would involve such a violation if committed against the United States. (e) "Foreign intelligence information" means— ,; (1) information that relates to, and if concerning a United States person is necessary to, the ability of the United States to protect against^— (A) actual or potential attack or other grave hostile acts of a foreign power or an agent of a foreign power; (B) sabotage or international terrorism by a foreign power or an agent of a foreign power; or (C) clandestine intelligence activities by an intelligence service or network of a foreign power or by an agent of a foreign power; or

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 PUBLIC LAW 95-511—OCT. 25, 1978 (2) information with respect to a foreign power or foreign territory that relates to, and if concerning a United States person is necessary to— (A) the national defense or the security of the United States; or (B) the conduct of the foreign affairs of the United States. (f) "Electronic surveillance" means— (1) the acquisition by an electronic, mechanical, or other surveillance device of the contents of any wire or radio communication sent by or intended to be received by a particular, known United States person who is in the United States, if the contents are acquired by intentionally targeting that United States person, under circumstances in which a person has a reasonable expectation of privacy and a warrant would be required for law enforcement purposes; (2) the acquisition by an electronic, mechanical, or other surveillance device of the contents of any wire communication to or from a person in the United States, without the consent of any party thereto, if such acquisition occurs in the United States; (3) the intentional acquisition by an electronic, mechanical, or other surveillance device of the contents of any radio communication, under circumstances in which a person has a reasonable expectation of privacy and a warrant would be required for law enforcement purposes, and if both the sender and all intended recipients are located within the United States; or (4) the installation or use of an electronic, mechanical, or other surveillance device in the United States for monitoring to acquire information, other than from a wire or radio communication, under circumstances in which a person has a reasonable expectation of privacy and a warrant would be required for law enforcement purposes. (g) "Attorney General" means the Attorney General of the United States (or Acting Attorney General) or the Deputy Attorney General. (h) "Minimization procedures", with respect to electronic surveillance, means— (1) specific procedures, which shall be adopted by the Attorney General, that are reasonably designed in light of the purpose and technique of the particular surveillance, to minimize the acquisition and retention, and prohibit the dissemination, of nonpublicly available information concerning unconsenting United States persons consistent with the need of the United States to obtain, produce, and disseminate foreign intelligence information; (2) procedures that require that nonpublicly available information, which is not foreign intelligence information, as defined in subsection (e)(1), shall not bo disseminated in a manner that identifies any United States person, without such person's consent, unless such person's identity is necessary to understand foreign intelligence information or assess its importance; (3) notwithstanding paragraphs (1) and (2), procedures that allow for the retention and dissemination of information that is evidence of a crime which has been, is being, or is about

92 STAT. 1785

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