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Page:United States Statutes at Large Volume 92 Part 1.djvu/546

 92 STAT. 492

90 Stat. 273.

PUBLIC LAW 95-348—AUG. 18, 1978 primary purpose of honoring the dead in the World War II Mariana Islands campaign. (b) The Secretary is authorized and directed to the maximum extent feasible to employ and train residents of the Mariana Islands to develop, maintain, and administer the park. (c) Other points in the Northern Mariana Islands relevant to the park may be identified, established, and marked by the Secretary in agreement with the Governor of the Northern Marianas. (d) The Secretary shall provide for interpretative activities at the park, for which he is authorized to seek the assistance of appropriate historians to interpret the historical aspects of the park. To the greatest extent possible, interpretative activities shall be conducted in the following four languages: English, Chamorro, Carolinian, and Japanese. (e) Notwithstanding any provision of law to the contrary, no fee or charge may be imposed for entrance or admission into the American Memorial Park. (f) The Secretary shall transfer administration of the park to the government of the Northern Mariana Islands at such time as the Governor, acting pursuant to legislation enacted in accordance with sections 5 and 7 or article II of the Constitution on the Northern Mariana Islands, requests such a transfer. All improvements, including real and personal property, shall thereupon be transferred without cost to the government of the Northern Mariana Islands and thereafter the full cost of development, administration, and maintenance for the park shall be borne by the government of the Northern Mariana Islands, except as provided in subsection (g) of this section. (g) For the development, maintenance, and operation of the park (but not for any acquisition of land or interests in lands), there is hereby authorized to be appropriated not to exceed $3,000,000 effective October 1, 1978. Amounts appropriated pursuant to this subsection shall remain available until expended. (h) Nothing contained in this xVct is intended to alter or diminish the authority to exercise the five year option contained in article VIII of Public Law 94-241. WAR I N THE PACIFIC NATIONAL HISTORICAL PARK

16 USC 410dd.

SEC. 6. (a) In order to commemorate the bravery and sacrifice of those participating in the campaigns of the Pacific theater of World War II and to conserve and interpret outstanding natural, scenic, and historic values and objects on the island of Guam for the benefit and enjoyment of present and future generations, the War in the Pacific National Historical Park (hereinafter in this section referred to as the "park") is hereby established. (b) The boundaries of the park shall be as generally depicted on the drawing entitled "Boundary Map, War in the Pacific National Historical Park, Guam" numbered P-24-80,000-B and dated March 1978, which shall be on file and available for inspection in the offices Publication in of the National Park Service, Department of the Interior. Following Federal Register, ninety days notice to the Committee on Interior and Insular Affairs of the House of Representatives and to the Committee on Energy and Natural Resources of the Senate, the Secretary may make minor revisions of the boundary of the park by publication of a revised map in the Federal Register.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/547

 PUBLIC LAW 95-348—AUG. 18, 1978

92 STAT. 493

(c) Within the boundaries of the park, the Secretary may acquire Land acquisition, lands and interests therein by donation, purchase with donated or appropriated funds, exchange, or transfer. (d) Other points on the island of Guam relevant to the park may be identified, established, and marked by the Secretary in agreement with the Governor of Guam. (e) The Secretary shall administer property acquired in accords ance with the laws generally applicable to the management of units of the National Park System. (f) The Secretary is authorized to seek the assistance of appropriate historians to interpret the historical aspects of the park. To the greatest extent possible, interpretative activities will be conducted in the following three languages: English, Chamorro, and Japanese. (g) The Secretary is authorized to enter into negotiations with the Secretary of Defense for the berthing and interpretation of a naval vessel of World War IT vintage which shall be accessible to the public on the island of Guam. (h) Within two years from the date of enactment of this Act, the Report to Secretary shall develop and transmit to the committees named in sub- congressional section (b) a general management plan for the national historical committees. park consistent with the purposes of this section. Within five years Study. from the date of enactment, the Secretary, through the Director of the National Park Service, shall conduct and transmit to the Committee on Energy and Natural Resources of the Senate and the Committee on Interior and Insular Affairs of the House of Representatives a study of additional areas and sites associated with the Pacific campaign of World War II. The study shall contain a description and evaluation of each area or site, and an estimated cost of acquisition, development, and maintenance of the area or site, if appropriate, together with such additional authority as may be needed to enable him to implement his recommendations. The Secretary shall concentrate his study within Guam and the Northern Mariana Islands, but shall also investigate additional areas and sites within the Trust Territory of the Pacific Islands to the extent possible, and may include other areas and sites in the Pacific area if practicable. (i) The Secretary is authorized and directed, to the maximum extent feasible, to employ and train residents of Guam or of the Northern Mariana Islands to develop, maintain, and administer the park. (j) Notwithstanding any provision of law to the contrary, no fee or charge shall be imposed for entrance or admission into the War in the Pacific National Historical Park. (k) For the purposes of the park established under this section, effective October 1.1978, there are authorized to be appropriated such sums as may be necessary, but not to exceed $16,000,000 for the acquisition of lands or interests in lands and $500,000 for development. VIRGIN ISLANDS NATIONAL TARK

SEC. 7. (a)(1) The first paragraph of section 1 of the Act of October 5, 1962 (76 Stat. 746; 16 U.S.C. B98c), is amended by adding a comma after the words "adjoining lands, submerged lands, and waters'* and inserting "and Hassel Island located in Saint Thomas Harbor and adjoining lands, submerged lands, and waters,". (2) Such section 1 is further amended by inserting immediately before the last paragraph, the following:

Land acquisition.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/548

 92 STAT. 494 smmKMiKiu:»«>;

16 USC 398d.

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,,

"Improved property."

«r!t;. > «

PUBLIC LAW 95-348—AUG. 18, 1978 ((HASSEL

ISLAND

"The area known as Hassel Island in Saint Thomas Harbor consisting of approximately 135 acres, together with such adjoining lands, submerged lands, and waters as the Secretary of the Interior deems appropriate, but the boundaries shall not, in any event, extend beyond 100 yards from the mean high water mark of the island.". (b) Section 2 of such Act is amended by— (1) inserting " (a) " after "SEC. 2."; (2) adding at the end of the first sentence the following: "In acquiring such lands, up to 6.6 acres, the Secretary may, when agreed upon by the landowner involved, defer payment or schedule payments over a period of ten years and pay interest on the unpaid balance at a rate not exceeding the current prevailing commercial rate.", and (3) adding the following at the end thereof: "(b) The Secretary is authorized and directed to the maximum extent feasible to employ and train residents of the Virgin Islands to develop, maintain, and administer the Virgin Islands National Park. "(c) Subject to continued protection and use of Hassel Island for park and recreation purposes, and such other conditions as the Secretary may deem appropriate, the Territory of the Virgin Islands may, within, but not after, five years after the date of the enactment of this subsection, by duly enacted legislation acquire all interests of the United States in Hassel Island by reimbursing the United States in an amount equal to the amount actually expended by the United States for the acquisition of lands and interests in lands and for the costs of construction of permanent improvements, if any. "(d)(1) Except for property deemed necessary by the Secretary of the Interior for visitor facilities or administration of the park, any owner or owners of improved property on Hassel Island on the date of its acquisition, may retain for themselves a right of use and occupancy of the property for noncommercial residential purposes for twenty-five years or, in lieu thereof, for a term ending at the death of the owner or the owner's spouse, whichever is later. The owner shall elect the term to be reserved. The Secretary shall pay to the owner the fair market value of the property on the date of such acquisition, less the fair market value on such date of the right retained by the owner. The authority of the Secretary to acquire the property commonly known as the Royal Mail (hotel) by condemnation shall be suspended for ten years from the date of enactment if such owner or owners agree, in writing, within ninety days after the enactment of this subsection to grant to the United States the right to purchase such property at a purchase price, mutually agreed upon by the Secretary and the landowner, which does not exceed the fixed value of said property on July 1, 1978. "(2) As used in subsection (d)(1), 'improved property' means a single-family dwelling, the construction of which began before January 1, 1977, together with such lands as are in the same ownership and appurtenant buildings located thereon. "(3) The Secretary may terminate a right of use and occupancy retained pursuant to subsection (d)(1) upon his determination that such use and occupancy is being, or may be, exercised in a manner inconsistent with the purposes for which they were included within

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Page:United States Statutes at Large Volume 92 Part 1.djvu/549

 PUBLIC LAW 95-34«—AUG. 18, 1978 the park and upon tender to the holder of such ri^ht of the amount equal to the value of that portion of the right which remains unexpired on the date of termination.". (4) Section 3 is amended by inserting " (a) " immediately after "SEC. 3." and by adding the following new subsection at the end thereof: "(b) Notwithstanding any provision of law to the contrary, no fee or charge shall be imposed for entrance or admission into the Virgin Islands National Park.". (5) Section 4 is amended to read as follows: "SEC. 4. Effective October 1, 1978, there are authorized to be appropriated such sums as may be necessary for the acquisition of lands and interests in lands within the Virgin Islands National Park. For purposes of this section, acquisitions of land on Hassel Island shall be deemed to be acquisitions qualifying for payment under the provisions of paragraph (2) of the Act of June 10, 1977 (Public Law 95-42; 91 Stat. 210). In addition to such sums as may have heretofore been appropriated for development of public facilities within the Virgin Islands National Park, effective October 1, 1978, there are authorized to be appropriated not more than $1,000,000 for restoration and rehabilitation of historic structures and for development of public facilities on Hassel Island, and not more than $500,000 as a grant to the Territory of the Virgin Islands for its use in furthering projects undertaken pursuant to the Land and Water Conservation Fund Act, the Historic Preservation Act, or other comparable programs upon the transfer of title to the United States of all properties held by the territory on Hassel Island.". (6) Section 2(c) of the Act entitled "An Act to authorize the establishment of the Virgin Islands National Park, and for other purposes" (70 Stat. 940; 16 U.S.C. 398) is amended by adding the following sentence at the end thereof: "Notwithstanding the acreage limitations and boundary designations contained in this section, the Secretary is authorized to accept through donation, or purchase from a willing seller, the real and personal property located on Lots 251-252 Estate Contant Enighed, Parcels 86B and 86AA Cruz Bay Quarter.".

92 STAT. 495

16 USC 398e.

Land acquisition. 16 USC 398f.

16 USC 398a.

AUTHORIZATIONS TO REMAIN AVAILABLE

SEC. 8. Any amount authorized by this Act or by the Act entitled "An Act to authorize certain appropriations for the territories of the United States, to amend certain Acts relating thereto, and for other purposes" (Public Law 95-134; 91 Stat. 1159) but not appropriated for a fiscal year is authorized to be available for appropriation in ^ succeeding fiscal years. TECHNICAL AMENDMENTS

SEC. 9. Section 501 of the Act entitled "An Act to authorize certain appropriations for the territories of the United States, to amend certain Acts relating thereto, and for other purposes" (Public Law 48 USC 1469a. 95-134; 91 Stat. 1159) is amended— (1) by inserting ", notwithstanding any provision of law to the contrary," after "it is hereby declared to be the policy of the Congress"; and

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Page:United States Statutes at Large Volume 92 Part 1.djvu/550

 92 STAT. 496

PUBLIC LAW 95-348—AUG. 18, 1978 (2) in subsection (a) by striking out "Notwithstanding any provision of law to the contrary, any" and inserting in lieu thereof "Any".

j.8vS

EFFECTIVE DATE

SEC. 10. Authorizations of moneys to be appropriated under this Act shall be effective on October 1, 1978. Approved August 18, 1978.

LEGISLATIVE HISTORY:

•=-

HOUSE REPORT No. 95-1112 accompanying H.R. 12481 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 95-784 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 124 (1978): May 8, H.R. 12481 considered in House. May 10, considered and passed Senate. June 5, H.R. 12481 considered and passed House; proceedings vacated and S. 2821, amended, passed in lieu. June 7, proceedings vacated, S. 2821 reconsidered and passed House, amended. Aug. 3, Senate concurred in House amendment with an amendment. Aug. 4, House concurred in Senate amendment.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/551

 PUBLIC LAW 95-349—AUG. 18, 1978

92 STAT. 497

Public Law 95-349 95th Congress Joint Resolution Designating July 18, 1979, as "National P.O.W.-M.I.A. Recognition Day".

Aug. 18, 197i3_ [H.J. Res. 963]

Whereas the United States has fought in many wars; Whereas thousands of Americans who served in such wars were captured by the enemy or are missing in action; Whereas many American prisoners of war were subjected to brutal and • unconscionable treatment by their enemy captors in violation of international codes and customs for the treatment of prisoners of war and many such prisoners of war died from such treatment; Whereas it is uncertain whether those Americans missing in action are alive or dead and such uncertainty has caused their families to suffer acute hardship; and Whereas the sacrifices of American prisoners of war and Americans missing in action and their families are deserving of national recognition: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That July 18, 1979, is desig- National P.O.W.nated as "National P.O.W-M.I.A. Eecognition Day", and the Presi- M.I.A. dent of the United States is authorized and requested to issue a Recognition proclamation calling upon the people of the United States to observe Dgg-„jiatJQ„ such day with appropriate ceremonies and activities. Approved August 18, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1377 (Comm. on Post Office and Civil Service). SENATE REPORT No. 95-1099 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 124 (1978): Aug. 1, considered and passed House. Aug. 11, considered and passed Senate. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 14, No. 33: Aug. 18, Presidential statement.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/552

 92 STAT. 498

PUBLIC LAW 95-350—AUG. 18, 1978

Public Law 95-350 95th Congress

n^: Joint Resolution

Aug. 18, 1978 [H.J. Res. 682]

National Lupus Week. Designation.

'£Q provide for the designation of a week as "National Lupus Week".

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the President is hereby authorized and requested to issue a proclamation designating the week „f September 17 through 23, 1978, as "National Lupus Week'' and inviting the Governors of the several States, the chief officials of local governments, and the people of the United States to observe such week with appropriate ceremonies and activities. Approved August 18, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1370 (Comm. on Post Office and Civil Service). SENATE REPORT No. 95-1101 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 124 (1978): July 24, considered and passed House. Aug. 11, considered and passed Senate.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/553

 PUBLIC LAW 95-351—AUG. 20, 1978

92 STAT. 499

Public Law 95-351 95th Congress An Act To provide for consumers a further means of minimizing the impact of inflation and economic depression by narrowing the price spread between costs to the producer and the consumer of needed goods, services, facilities, and commodities through the development and funding of specialized credit sources for, and technical assistance to, self-help, not-for-profit cooperatives, and for other purposes.

Be it enacted by the Se7iate arid House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "National Consumer Cooperative Bank Act". STATEMENT OF FINDINGS AND PURPOSE

SEC. 2. The economic and financial structure of this country in combination with the Nation's natural resources and the productivity of the American people has produced one of the highest average standards of living in the world. However, the Nation has been experiencing inflation and unemployment together with an increasing gap between producers' prices and consumers' purchasing power. This has resulted in a growing number of our citizens, especially the elderly, the poor, and the inner city resident, being unable to share in the fruits of our Nation's highly efficient economic system. The Congress finds that user-owned cooperatives are a proven method for broadening ownership and control of the economic organizations, increasing the number of market participants, narrowing price spreads, raising the quality of goods and services available to their membership, and building bridges between producers and consumers, and their members and patrons. The Congress also finds that consumer and other types of selfhelp cooperatives have been hampered in their formation and growth by lack of access to adequate cooperative credit facilities and lack of technical assistance. Therefore, the Congress finds a need for the establishment of a National Consumer Cooperative Bank which will make available necessary financial and technical assistance to cooperative self-help endeavors as a means of strengthening the Nation's economy.

Aug. 20, 197a_ [H.R. 2777]

National Consumer Cooperative Bank Act 12 USC 3001 note. 12 USC 3001.

TITLE I—NATIONAL CONSUMER COOPERATIVE BANK CREATION AND CHARTER OF BANK

SEC. 101. There is hereby created and chartered a body corporate, 12 USC 3011. the National Consumer Cooperative Bank, hereinafter referred to as the "Bank", as an instrumentality of the United States, and until otherwise provided, shall be a mixed ownership Government corporation. The Bank shall have perpetual existence unless and until its charter is revoked or modified by Act of Congress. The right to revise, amend, or modify the charter of the Bank is specifically and exclusively reserved to the Congress. The principal office of the Bank shall be in Washington, District of Columbia, and, for the purpose of venue, shall be considered a resident thereof. I t shall make loans and

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Page:United States Statutes at Large Volume 92 Part 1.djvu/554

 92 STAT. 500

PUBLIC LAW 95-351—AUG. 20, 1978 offer its services throughout the United States, its territories and possessions, and in the Commonwealth of Puerto Rico. The Bank shall— (1) encourage the development of new and existing cooperatives eligible for its assistance by providing specialized credit and technical assistance; (2) maintain broad-based control of the Bank by its voting stockholders; (3) encourage broad-based ownership, control, and active participation by members in eligible cooperatives; (4) assist in improving the quality and availability of goods and services to consumers; and (5) encourage ownership of its equity securities by cooperatives and others as provided in section 104, so that the date when all of the Bank's class A stock owned by the United States has been fully redeemed (the "Final Government Equity Redemption Date") occurs as early as practicable. GENERAL CORPORATE POWERS

12 USC 3012.

31 USC 529.

SEC. 102. The Bank shall have the power to make and service loans, commitments for credit, guarantees, furnish financially related services, technical assistance and the results of research, issue its obligations within the limitations imposed by section 107 in such amounts, at such times, and on such terms as the Bank may determine, and to exercise the other powers and duties prescribed in this Act, and shall have the power to— (1) operate under the direction of its Board of Directors; (2) adopt, alter, and use a corporate seal, which shall be judicially noted; (3) elect by its Board of Directors a president, one or more vice presidents, a secretary, a treasurer, and provide for such other officers, employees, and agents as may be necessary, and define their duties in accordance with regulations and standards adopted by the Board, and require surety bonds or make other provisions against losses occasioned by acts of employees; (4) prescribe by its Board of Directors its bylaws not incon" sistent with law, which shall establish the terms of office and the procedure for election of elective members; provide in a manner not inconsistent with this Act for the classes of its stock and the manner in which its stock shall be issued, transferred, and retired; and prescribe the manner in which its officers, employees, and agents are elected or selected, its property acquired, held and transferred, its loans, commitments, other financial assistance, guarantees and appraisals may be made, its general business conducted, and the privilege granted it by law exercised and enjoyed; (5) enter into contracts and make advance, progress, or other payments with respect to such contracts, without regard to the provisions of section 3648 of the Revised Statutes; (6) sue and be sued in its corporate name and complain and defend, in any court of competent jurisdiction. State or Federal; (7) acquire, hold, lease, mortgage, or dispose of, at public or private sale, real and personal property and sell or exchange any securities or obligations, and otherwise exercise all the usual incidents of ownership of property necessary or convenient to its

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Page:United States Statutes at Large Volume 92 Part 1.djvu/555

 PUBLIC LAW 95-351—AUG. 20, 1978 business: Provided, That any such acquisition or ownership of real property shall not deprive a State or political subdivision thereof of its civil or criminal jurisdiction in and over such property or impair the civil rights of the inhabitants of such property under Federal, State, or local laws; (8) obtain insurance against loss in connection with property and other assets; (9) modify or consent to the modification with respect to the rate of interest, time of payment of any installment of principal or interest, security, or any other term of any contract or agreement to which it is a party or has an interest pursuant to this Act; (10) utilize and act through any Federal, State, or local public agency or instrumentality, or private agency or organization, with the consent of the agency or organization concerned, and contract with such agency, instrumentality, or organization for furnishing or receiving technical services and benefits of research, services, funds or facilities; and make advance, progress, or other payments with respect to such contracts without regard to section 3648 of the Revised Statutes; (11) within the limitations of section 107, borrow money and issue notes, bonds and debentures or other obligations individually or in concert with other financial institutions, agencies or instrumentalities, of such character and such terms and conditions and at rates of interest as may be determined; (12) issue certificates of indebtedness to its stockholders or members and pay interest on funds left with the Bank, and accept grants or interest free temporary use of funds made available to it; (13) participate with one or more other financial institutions, agencies, instrumentalities, or foundations in loans or guarantees under this Act on terms as may be agreed upon; (14) accept guarantees from other agencies for which loans made by the Bank may be eligible; (15) establish one or more branch offices and one or more advisory councils in connection with any such branch offices, as may from time to time be authorized by the Board of Directors; (16) buy and sell obligations of, or insured by, the United States or any agency or instrumentalities thereof, or securities backed by the full faith and credit of any such agency or instrumentality and, after the final Government Equity Redemption Date, make such other investments as may be authorized by the Board of Directors; (17) approve the salary scale of officers and employees of the Bank, in accordance with regulations and standards adopted by the Board of Directors, without regard to the provisions of chapter 51 and subchapter ITT of chapter 53 of such title relating to classification and General Schedule pay rates, but, except as otherwise provided in this Act, the General Schedule pay rates shall be applicable until all class A stock held by the Secretary of the Treasury has been retired: and (18) have such other incidental powers as may be necessary or expedient to carrv out its duties under this Act. The stock or other securities or instruments issued by the Bank shall, to the same extent as securities which are the direct obligations of the United States, be "exempt securities" within the meaning of the laws administered by the Securities and Exchange Commission.

92 STAT. 501

31 USC 529.

Regulations. 5 USC 5101 et seq.

5 USC 5331.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/556

 92 STAT. 502

PUBLIC LAW 95-351—AUG. 20, 1978 BOARD OF DIRECTORS

12 USC 3013.

15 USC 632.

SEC. 103. (a) The Bank shall be governed by a Board of Directors (hereinafter referred to as the "Board") which shall consist of thirteen members. Subject to the provisions of subsection (b) of this section, all members of the Board shall be appointed by the President, with the advice and consent of the Senate, for terms of three years or until their successors have been appointed and qualified. The President shall appoint seven membere of the Board from an\ong the officers of the agencies and departments of the United States Government: Provided, That at any one time no more than one member shall be from any one agency or department. The remaining members shall be from the general public (and not from the officers or employees of the United States Government) but shall have extensive experience in the cooperative field representative of the following classes of cooperatives: (1) housing, (2) consumer goods, (3) low-income cooperatives, (4) consumer services, and (5) all other eligible cooperatives, and for these appointments the President shall consider nominees submitted by national associations of cooperatives. Any member appointed by the President may be removed at any time with or without cause by the President. If a vacancy occurs on the Board for any reason other than a resignation pursuant to subsection (b) of this section, a new member shall be appointed by the President to serve until the next annual meeting of the Bank, at which time the vacancy shall be filled for the remainder of the unexpired term by the President or the holders of class B and class C stock, as provided in this section 104. (b) At the first annual meeting occurring after the time when the amount of paid-in capital of the Bank attributable to the shares of class B stock and class C stock equals or exceeds $3,000,000, three members of the Board appointed by the President from the general public shall resign. Similarly, when the amount of paid-in capital attributable to the shares of class B and class C stock equals or exceeds SfilO,000,000 the terms of the other three members appointed by the President from the general public shall terminate. An additional member of the Board designated by the President (who shall be a member who had been appointed by the President) shall resign at each of the annual meetings occurring after the time when the amount of paid-in capital attributable to the class B and class C stock equals or exceeds seven-thirteenths and eight-thirteenths of the total amount of paid-in capital of the Bank. As members of the Board resign in accordance with the foregoing provisions, the directorships vacated shall be deemed shareholder directorships and shall be filled by the holders of class B stock and class C stock in accordance with the provisions of subsection (c) of this section. Five remaining members of the Board appointed by the President shall resign on the Final Government Equity Redemption Date. Thereafter, one member of the Board shall continue to be appointed by the President from among proprietors of small business concerns, as defined under section 3 of the Small Business Act, which are manufacturers or retailers. (c) At all elections of Directors by holders of class B stock and class C stock, nominations shall be made by the classes of eligible cooperatives specified in subsection (a). Vacant shareholder directorships shall be filled, whether by appointment or election, so that at any time when there are three or more shareholder directors on the board, there shall be at least one director representing each of the classes of housing cooperatives, low-income cooperatives, and consumer goods and services cooperatives. Each nominee for shareholder direc-

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Page:United States Statutes at Large Volume 92 Part 1.djvu/557

 PUBLIC LAW 95-351—AUG. 20, 1978

92 STAT. 503

torship of a particular class shall have at least three years experience as a director or senior officer in the class of cooperatives to be represented. No one class of cooperatives specified in subsection (a) shall be represented on the Board by more than three directors. (d) When all five remaining members of the Board appointed by the President have resigned pursuant to subsection (b) of this section, their successors and the successors to shareholder directors shall thereafter be elected pursuant to such rules as the Board may from time to time prescribe in the bylaws of the Bank. (e) No director shall be eligible to be elected for more than two consecutive full three-year terms. No officer of the Bank shall be eligible to serve simultaneously as a director on the Board of the Bank. The Bank shall give adequate advance notice to all voting stockholders of nominees and of the procedures for nominating other candidates. Each voting stockholder shall make the information required in this paragraph available to its members. (f) The Board shall annually elect from among its members a chairman and vice chairman and select a secretary who need not be a member. The Board shall establish the policies of the Bank governing its funding, lending, and other financial and technical assistance, and shall direct the management of the Bank. (g) The Board shall meet at least quarterly. Its meeting shall be Rules, open to members or representatives or all eligible cooperatives and other eligible organizations, as observers only, and to persons or representatives of groups who identify their interest in the Bank and who are invited to attend a meeting, subject to such rules as the Board may establish for the conduct of such meetings. Those rules shall include the manner of giving notice of meetings, the procedure for the conduct of meetings, the manner of submitting topics for the agenda, the allocation of time of presentations, and debate. The chairman, when sustained by the majority of the Board present, may adjourn the open meeting into an executive session on motion of the chairman, any Board member, or at the request of any applicant, borrower, officer, or employee when the matter under discussion involves an application, a loan, a personnel action, or other matter which might tend to impinge on the right of privacy of any person. (h) Members of the Board appointed by the President from among the officers of the agencies and departments of the United States Government shall not receive any additional compensation by virtue of their service on the Board. Until the Final Government Equity Redemption Date, members of the Board appointed by the President from among the general public or elected by the holders of the class B and class C stock shall (1) receive compensation at a rate equal to 5 USC 5332 the daily equivalent of the rate prescribed for grade GS-18 under sec- note. tion 5332 of title 5, United States Code, for each day that they are engaged in the performance of their duties on the Board, and (2) be allowed travel expenses, including per diem in lieu of subsistence, in , the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5, United States Code, for each day that they are away from their homes or regular places of business in the performance of their duties on the Board. CAPITALIZATION

SEC. 104. (a) The capital of the Bank shall consist of capital sub- 12 USC 3014. scribed by borrowers from the Bank, by cooperatives eligible to become borrowers, by organizations owned and controlled by such bor-

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Page:United States Statutes at Large Volume 92 Part 1.djvu/558

 92 STAT. 504 Appropriation authorization.

PUBLIC LAW 95-3i51—AUG. 20, 1978 rowers, by foundations, trust or charitable funds, by public bodies, and by the United States. Beginning with the fiscal year ending September 30, 1979, the United States shall purchase class A stock and for that fiscal year there are authorized to be appropriated $100,000,000 for such purposes, and there are authorized to be appropriated for the next four succeeding fiscal years an amount not to exceed $200,000,000 in the aggregate. Any amounts so authorized but not appropriated or not utilized to purchase such stock of the Bank in any such fiscal year is authorized to be appropriated or reappropriated and so used in subsequent fiscal years. (b) The capital stock of the Bank shall include class A, class B, and class C stock and such other classes with such rights, powers, privileges, and preferences of the separate classes as may be specified, not inconsistent with law, in the bylaws of the Bank. Class A preferred stock held by the United States shall be a preferred stock with first preference with respect to assets and dividends over all other classes of stock issued by the Bank. So lon^ as any class A stock is outstanding, the Bank shall not pay any dividend on any other class of stock at a rate greater than the statutory dividend payable on the class A stock. Class B and class C stock shall be common stock with voting rights as provided for herein and shall be issued only to eligible borrowers and organizations controlled by such borrowers or organizations eligible to borrow, and shall be transferable only on the books of the Bank and then only to another eligible borrower. No holder of voting stock of the Bank shall be entitled to more than one vote regardless of the number of shares of stock of other classes held, except as provided in subsection (g) of this section. (c) Class A stock with a par value of $100 per share shall be issued by the Bank to the Secretary of the Treasury on behalf of the United States in exchange for capital furnished pursuant to subsection (a) of this section. The holder of class A stock shall be entitled to dividends at a rate determined by the Secretary of the Treasury taking into consideration the average market yield, during the month preceding the close of each fiscal year, on outstanding marketable obligations of the United States of comparable maturity: Provided, That until October 1, 1990, such dividends shall not exceed 25 per centum of gross revenues for the year less necessary operating expenses, including a reserve for possible losses. Such dividends shall be payable annually into miscellaneous receipts of the Treasury and shall be cumulative. Any such dividend payment may be deferred by the Board of Directors with the approval of the Secretary of the Treasury, but any dividend payment so deferred shall bear interest at the same rate as the rate at which dividends accumulate on the class A stock. Without the approval of the Secretary of the Treasury, the Bank shall not pay any dividend or distribution on, or make any redemption or repurchase of, any other class of stock at any time when the cumulative dividends on the class A stock shall not have been paid in full (together with any unpaid interest thereon). Upon any liquidation or dissolution of the Bank, the holder of class A stock shall be entitled to receive out of the assets of the Bank available for distribution to its stockholders, prior to any payment to the holders of any other class of stock of the Bank, an amount not less than the aggregate par value of all class A stock outstanding, plus all accrued and unpaid dividends accrued thereon to and including the date of payment (together with all unpaid interest thereon). The class A stock shall be redeemed and retired as soon as practicable consistent with the purposes of this Act (such redemption to be at a price equal to the

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Page:United States Statutes at Large Volume 92 Part 1.djvu/559

 PUBLIC LAW 95-351—AUG. 20, 1978

92 STAT. SO'S

par value of the class A stock so redeemed plus cumulative dividends accrued thereon to the date of redemption): Provided, That beginning on October 1, 1990, there shall be redeemed as a minimum with respect to each fiscal year a number of shares of class A stock having an aggregate par value equal to the aggregate consideration received by the Bank for the issue of its class B and class C stock during that fiscal year. Each such redemption shall take place not later than ninety days after the close of each fiscal year. (d) Class B stock shall be held only by recipients of loans under section 105 of this Act, and such borrowers shall be required to own class B stock in an amount not less than 1 per centum of the face amount of the loan at the time the loan is made. Such borrowers may be required by the Bank to own additional class B or class C stock at the time the loan is made, but not to exceed an amount equal to 10 per centum of the face amount of the loan, or from time to time, as the Bank may determine. Such additional stock ownership requirements may be on the basis of the face amount of the loan, the outstanding balances, or on a percentage of interest payable during any year or any quarter thereof, as the Bank may determine will provide adequate capital for the operation of the Bank and equitable ownership thereof among borrowers. (e) Class C stock shall be available for purchase and shall be held only by borrowers or by organizations eligible to borrow under section 105 of this Act or by organizations controlled by such borrowers, and shall be entitled to dividends in the manner specified in the bylaws of the Bank. Such dividends shall be payable only from income, and, until all class A stock has been retired, the rate of such dividends shall not exceed the rate of the statutory dividend on class A stock. (f) Nonvoting stock of other classifications and other priorities may be issued at the discretion of the Board, to other investors, except that so long as any class A stock is outstanding, the Board shall not authorize or issue any class of stock, whether voting or nonvoting, that would rank prior or equal to the class A stock as to dividends or upon liquidation or dissolution. (g)(1) The bylaws of the Bank may provide for more than one vote on the basis of— (A) the amount of class B stock, class C stock, or both classes N, held, with such limitations as will encourage investments in class C stock; (B) the amount of patronage of the Bank; and (C) number of members in the cooperative. (2) Such bylaws shall avoid— , (A) voting control of the Bank from becoming concentrated with the larger affluent or smaller less affluent organizations; (B) a disproportionately larger vote in one or more of the groups of cooperatives referred to in section 103(c) of this Act; and (C) the concentration of more than 5 per centum of the total voting control in any one class B or class C stockholder. (h) The Bank may accept nonreturnable capital contributions on ^ which no interest, dividend, or patronage refund shall be payable from associations, foundations, or funds or public bodies or agencies at the discretion of the Board. For the purpose of accepting such contributions, the Bank will be a governmental unit within the meaning of section 170(b)(1)(A)(v) of the Internal Revenue Code of 1954. 26 USC 170. (i) After payment of all operating expenses of the Bank, including interest on its obligations, and after setting aside appropriate funds

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Page:United States Statutes at Large Volume 92 Part 1.djvu/560

 92 STAT. 506

PUBLIC LAW 95-351—AUG. 20, 1978 for reserves for losses, for cumulative dividends on class A stock and dividends on class C stock and for any redemption of class A stock in accordance with subsection (c), the Bank shall annually set aside the remaining earnings of the Bank for patronage refunds in the form of class B or C stock or allocated surplus in accordance with the bylaws of the Bank. After ten years from the date of issue of any such stock, or at such earlier time as all the Government-held stock is retired, patronage refunds may be made in cash, or partly in stock and partly in cash. ELIGIBILITY

12 USC 3015.

"Net savings."

SEC. 105. (a) For the purpose of all titles of this Act, subject to the limitations of subsection (d) of this section, an eligible cooperative is an organization chartered or operated on a cooperative, notfor-profit basis for producing or furnishing goods, services or facilities, primarily for the benefit of its members or voting stockholders who are ultimate consumers of such goods, services, or facilities, or a legally chartered entity entirely owned and controlled by any such organization or organizations, if it— (1) makes such goods, services or facilities directly or indirectly available to its members or voting stockholders on a not-for-profit basis; (2) does not pay dividends on voting stock or membership capital in excess of such percentage per annum as may be approved under the bylaws of the Bank; (3) provides that its net savings shall be allocated or distributed to all members or patrons, in proportion to their patronage, or shall be retained for the actual or potential expansion of its services or the reduction of its charges to the patrons, or for such other purposes as may be authorized by its membership not inconsistent with its purposes; (4) makes membership available on a voluntary basis, without any social, political, racial, or religious discrimination and without any discrimination on the basis of age, sex, or marital status, to all persons who can make use of its services and are willing to accept the responsibilities of membership, subject only to limitations under applicable Federal or State laws or regulations; (5) in the case of primary cooperative organizations restricts its voting control to members or voting stockholders on a one vote per person basis and takes positive steps to insure economic democracy and maximum participation by members of the cooperative including the holding of annual meetings and, in the case of organizations owned by groups of cooperatives, provides positive protections to insure economic democracy; and (6) is not a credit union, mutual savings bank, or mutual savings and loan association. (b) No organization shall be ineligible because it produces, markets, or furnishes goods, services, or facilities on behalf of its members as primary producers, unless the dollar volume of loans made by the Bank to such organizations exceeds 10 per centum of the gross assets of the Bank. (c) As used in this section, the term "net savings" means, for any period, the borrower's gross receipts, less the operating and other expenses deductible therefrom in accordance with generally accepted accounting principles, including, without limitation, contributions to

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Page:United States Statutes at Large Volume 92 Part 1.djvu/561

 PUBLIC LAW 95-351—AUG. 20, 1978

92 STAT. 507

allowable reserves, and after deducting the amounts of any dividends on its capital stock or other membership capital payable during, or within forty-five days after, the close of such period. (d) An eligible cooperative which also has been determined to be eligible for credit assistance from the Eural Electrification Administration, the National Rural Utilities Cooperative Finance Corporation, the Rural Telephone Bank, the Banks for Cooperatives or other institutions of the Farm Credit System, or the Farmers Home Administration may receive the assistance authorized by this Act only (1) if the Bank determines that a request for assistance from any such source or sources has been rejected or denied solely because of the unavailability of funds from such source or sources, or (2) by agreement between the Bank and the agency or agencies involved. (e) Notwithstanding any other provision of this section, a credit union serving predominantly low-income members (as defined by the Administrator of the National Credit Union Administration) may receive technical assistance under title II. ANNUAL

MEETING

SEC. 106. The Bank shall hold an annual meeting of its stockholders 12 USC 3016. which shall be open to the public. At least 30 days' advance notice of the time and place of the annual meeting shall be given to all stockholders. Borrowers from the Bank shall also give notice of the meeting to their members, who shall be entitled to attend. At such meeting the Bank shall give a full report of its activities during the year and its financial condition and may present proposals for future action and other matters of general concern to borrowers and organizations eligible to borrow from the Bank. Members and representatives of borrowers may present motions or resolutions relating to matters within the scope of this Act and may participate in the discussion thereof and other matters on the agenda. BORROWING AUTHORITY

SEC. 107. (a) The Bank is authorized to obtain funds through the 12 USC 3017. public or private sale of its bonds, debentures, notes, and other evidences of indebtedness. Such obligations shall be issued at such times, bear interest at such rates, and contain such terms and conditions as the Board shall determine after consultation with the Secretary of the Treasury: Prmiided^ however, That the amount of such obligations which may be outstanding at any one time pursuant to this section shall not exceed ten times the paid-in capital and surplus of the Bank. (b) The Bank is also authorized, but not required, and only so long as any of its class A stock is held by the Secretary of the Treasury, to issue its obligations to the Secretary of the Treasury, in amounts not to exceed in the aggregate such amounts as are provided in appropriations Acts and the Secretary of the Treasury may in his discretion purchase any such obligations. Each purchase of obligations of the Bank under this subsection shall be upon such terms and conditions as to yield a rate of return not less than a rate determined by the Secretary of the Treasury, taking into consideration the current average yield on outstanding marketable obligations of the United States \ of comparable maturity. The Secretary of the Treasury may sell,

39-194 O—80—pt. 1

36: QL3

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Page:United States Statutes at Large Volume 92 Part 1.djvu/562

 92 STAT. 508 ^ /

PUBLIC LAW 95-351—AUG. 20, 1978 upon such terms and conditions and at such price or prices as he shall determine any of the obligations of the Bank acquired by him under this subsection. (c) The Bank may purchase its own obligations, and may provide for the sale of any such obligations through a jfiscal agent or agents, by negotiation, offer, bid, syndicate sale, or otherwise, and may deliver such obligations by book entry, wire transfer, or such other means as may be appropriate. (d) Obligations issued under this section shall not be guaranteed by the United States and shall not constitute a debt or obligation of the United States or any agency or instrumentality thereof other than the Bank. LENDING POWERS

12 USC 3018.

SEC. 108. (a) The Bank may make loans and commitments for loans under this subsection to any organization determined by the Bank to be eligible under the provisions of section 105 of this Act, and may purchase or discount obligations of members of such organizations if the Bank, to the exclusion of all other persons, entities, agencies, or jurisdictions, also determines that the applicant has or will have a ' sound organizational and financial structure, income in excess of its operating costs and assets in excess of its obligations, and a reasonable expectation of a continuing demand for its production, goods, commodities, or services, or the use of its facilities, so that the loan will be fully repayable in accordance with its terms and conditions. Commencing on October 1, 1983, the Bank shall not make any loan to a cooperative for the purpose of financing the construction, ownership, acquisition, or improvement of any structure used primarily for residential purposes if, after giving effect to such loan, the aggregate amount of all loans outstanding for such purpose would exceed 30 per centum of the gross assets of the Bank. The Board of Directors shall use its best efforts to insure that at the end of each fiscal year of the Bank at least 35 per centum of its outstanding loans are to— (1) cooperatives at least a majority of the members of which are low-income persons, and (2) other cooperatives, if the proceeds of such loans are directly applied to finance a facility, activity, or service that the Board finds will be used predominantly by low-income persons. Publication in The Board shall adopt and publish in the Federal Register rules definFederal Register, j^g the term "low-income persons" for purposes of this subsection. The criteria to be applied and the factors to be considered by the Bank in making loans, loan commitments, purchases, discounts, and guarantees shall include an assessment of the impact of the loan on existing small businesses in the eligible organizations'business territory. The criteria and factors shall be stated in rules of the Bank which shall be published and made available to applicants and, upon request, to any other person or organization. (b) Loans under this section shall be repayable in not more than forty years and, except for loans with final due date not longer than five years from the date of the loan, shall be amortized as to principal and interest. In setting the terms, rates, and charges, it shall be the objective of the Bank to provide the type of credit needed by eligible borrowers, at the lowest reasonable cost on a sound business basis, taking into account the cost of money to the Bank, necessary reserve and

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Page:United States Statutes at Large Volume 92 Part 1.djvu/563

 PUBLIC LAW 95-351—AUG. 20, 1978

92 STAT. 509

expenses of the Bank, and the technical and other assistance attributable to loans under this section made available by the Bank, but so long as the Bank makes loans from the proceeds of the sale of class A stock, the interest rate shall not be less than the rates generally prevailing in the area from other sources for loans for similar purposes and maturities, taking into consideration the cost to the borrower of required purchase of class B stock in the Bank. The loan terms may provide for interest rates to vary from time to time during the repayment period of the loan in accordance with the rates being charged by the Bank for new loans at such times. The proceeds of a loan under , ' j^ this subsection may be advanced by the borrower to its members or stockholders under circumstances described in the bylaws or rules of the Bank. (c) Subject to section 102(13), the Bank may guarantee all or any part of the principal and interest of any loan made by any State or federally chartered lending institution to any borrower if such loan is to an organization that would be an eligible borrower from the Bank for a direct loan and is on terms and conditions (including the rate of interest) which would be permissible terms and conditions for such a direct loan. The Bank may impose a charge for any such guarantee. No loan may be guaranteed by the Bank if the income therefrom to the lender is excluded from such lender's gross income for purposes of chapter 1 of the Internal Revenue Code of 1954. 26 USC 1 et seq. (d) Any loan guaranteed under subsection (c) shall be assignable to the extent provided in the contract of guarantee as may be determined by the Bank. The guarantee shall be uncontestable, except for fraud or misrepresentation of which the holder had actual knowledge at the time he acquired the loan. The Bank in lieu of requiring such lender to service such guaranteed loan until final maturity or liquidation, may purchase the loan for the balance of the principal and accrued interest thereon without penalty, if it determines that (1) the liquidation of the loan would result in the insolvency of the borrower or deprive the borrower of assets essential to its continued operation, and (2) the loan will be repayable with revision of the loan rates, terms, or payment periods or other conditions not inconsistent with loans made by the Bank under subsection (a) of this section, which revisions the lender or other holder of such guaranteed loan is unwilling to make. (e) As long as any of the class A stock of the Bank is held by the Secretary of the Treasury, the aggregate amount of commitments by the Bank to make or guarantee loans shall not exceed such amounts as may be specified in annual appropriation Acts. TAXATTON-

SEC. 109. Until the Final Government Equity Redemption Date, 12 USC 3019. but not thereafter, the Bank, including its franchise, capital, reserves, surplus, mortgages, or other security holdings and income shall be exempt from taxation now or hereafter imposed by any State, county, municipality, or local taxing authority, but any real property held by the Bank shall be subject to any State, county, municipal, or local taxation to the same extent according to its value as other real property is taxed.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/564

 92 STAT. 510

PUBLIC LAW 95-351—AUG. 20, 1978 QUARTERS AND SPACE

12 USC 3020.

SEC. 110. Until the Final Government Equity Redemption Date, space for the principal office and any branch offices of the Bank shall be provided by the General Services Administration. Thereafter, the Bank may lease, construct, or own quarters and provide for the space requirements of its principal and other offices. REPORTS TO CONGRESS

12 USC 3021.

/

12 USC 3022.

'»»s

SEC. 111. The Board of the Bank shall report annually to the appropriate committees of the Congress on the Bank's capital, operations, and financial condition and make recommendations for legislation needed to improve its services. AUTHORIZATION

SEC. 112. In addition to appropriations specifically authorized in this Act, there are authorized to be appropriated $2,000,000 for the fiscal year ending September 30, 1979, and for each of the two succeeding fiscal years, ending September 30, 1980, and September 30, 1981, such sums as may be necessary: Provided, That none of these appropriated sums shall be used to retire any indebtedness of the Bank incurred pursuant to section 107 of this Act. Any sums so appropriated shall remain available until expended. APPEALS

12 USC 3023.

SEC. 113. (a) If an application for assistance under this Act is denied in whole or in part, the applicant shall be informed within thirty days in writing of the reasons for the denial or restriction. (b) Any applicant for assistance under this Act receiving notice of denial or restriction of the application may, within thirty days of receipt of such notice, request the Board of Directors to review the application and notice of denial or restriction for a determination of whether the action of the Bank was correctly within the terms of the Act, the regulations, and the policy of the Board. The Board shall consider the request for review at its next meeting and promptly inform the applicant of its determination and the reasons therefor. C O N F L I C TO F INTEREST

12 USC 3024.

SEC. 114. The Board of Directors shall adopt and publish its own conflict of interest rules which shall be no less stringent in effect than the Federal Executive conflict of interest rules contained in Executive 18 USC 201 note. Order Numbered 11222 in prohibiting participation or action or the use of inside information for personal advantage on any matter involving a corporation, trust, partnership, or cooperative organization in which a board member, officer, or employee holds a substantial financial interest or holds a position as board member or senior officer, the activities of which organization might be relevant to, be competitive with, or be inconsistent with the objectives of any bank created under this Act. These rules shall require— (1) each nominee for elected membership on the Board established under this Act to make public and file with the election

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Page:United States Statutes at Large Volume 92 Part 1.djvu/565

 PUBLIC LAW 95-351—AUG. 20, 1978

92 STAT. 511

official before the date of election a statement of his financial interest and position, if any, in such organizations; and (2) each senior executive officer and appointed member of the Board to file with the appointing officer, before entering that office a statement of his financial interest and position, if any, in such organizations, which shall be available for inspection upon request. The provisions of this section shall remain in effect until the Final Government Equity Redemption Date. EXAMINATION AND AUDIT

SEC. 115. Until the stock of the Bank held by the United States has 12 USC 3025. been fully retired, the operations of the Bank shall be examined annually under the direction of an agency or instrumentality of the Federal Government designated by the President, including the General Accounting Office, and reports of such examination shall be forwarded to the Congress. The President shall, no later than the date Office of that 66% per centum of the class A stock is held by others than the Supervision and Secretary of the Treasury, establish an Office of Supervision and Audit. Audit which shall be responsible for audits and examinations of the Presidential Banlv, shall assure that the objectives of this title are carried out, and report to shall review and comment on the bylaws of the Bank and the general Congress. policies of the Bank and shall make an annual report to the Congress. TITLE II—OFFICE OF S E L F - H E L P DEVELOPMENT AND TECHNICAL ASSISTANCE ESTABLISHMENT

SEC. 201. (a) There is hereby established within the Bank an Office 12 USC 3041. of Self-Help Development and Technical Assistance (hereinafter the "Office"). (b) The Office shall have a Director who shall be appointed by the President, with the advice and consent of the Senate, and who shall not be a member of the Board. Subject to review by the Board, Publication in the Director shall promulgate and publish in the Federal Register Federal Register. policies and procedures governing the operation of the Office. AUTHORIZATION

SEC. 202. There are hereby authorized to be appropriated to the 12 USC 3042. Office $10,000,000 for the fiscal year ending September 30, 1979, and for the next two succeeding fiscal years an aggregate amount not to exceed $65,000,000, for the purpose of making advances under section 203 of this Act. Any amounts appropriated to the Office shall be deposited by the Office in a separate account in the Bank (hereinafter the "Account"), and shall remain available until expended. Repayments of capital investment advances made pursuant to section 203(a) and interest supplement advances made pursuant to section 203(b) and payments of interest thereon pursuant to section 203(c) shall also be deposited in the Account. No other funds of the Bank shall be transferred into the Account. The Account shall be used by the Office only as authorized in section 203.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/566

 92 STAT. 512

PUBLIC LAW 95-351—AUG. 20, 1978 CAPITAL INVESTMENTS AND INTEREST

12 USC 3043.

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,

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SUPPLEMENTS

SEC. 203. (a) The Office may make a capital investment advance out of the Account to any eligible cooperative, either in conjunction with or without a loan if the Office determines that— (1)(A) the applicant's initial or supplemental capital requirements exceeds its ability to obtain such capital through a loan under section 108 or from other sources; or (B) the membership of the applicant is, or will consist, substantially of low-income persons, as defined by the Board of Directors, or the applicant proposes to undertake to provide specialized goods, services, or facilities to serve their needs; and (2) the applicant cannot obtain sufficient funds through a loan under section 108 or otherwise, and the applicant presents a plan which the Office determines will permit the replacement of a capital investment advance out of member equities within a period not to exceed thirty years. (b) The Office may make advances out of the Account to pay all or part of the interest payable to the Bank or any other lender by an eligible cooperative applicant which the Office determines cannot pay a market rate of interest because it sells goods or services to, or provides facilities for the use of, persons of low income: Provided, That such advances will not exceed an amount equal to 4 per centum of the principal amount of the indebtedness of such applicant to the Bank or such other lender for any year in which the net income of the cooperative is insufficient to meet scheduled interest payments. (c) Capital investment advances made by the Office pursuant to subsection (a) and interest supplement advances made by the Office pursuant to subsection (b) shall bear interest at a rate determined by the Board of Directors of the Bank, and the Board of Directors may authorize an interest rate applicable to such advances lower than the rate applicable to loans by the Bank pursuant to section 108. ORGANIZATIONAL ASSISTANCE

12 USC 3044.

SEC. 204. The Office shall make available information and services concerning the organization, financing, and management of cooperatives to best achieve the objectives of this Act and to best provide the means through which various types of goods, services, and facilities can be made available to members and patrons. The Office may enter into agreements with other agencies of Federal, State, and local governments, colleges and universities, foundations, or other organizations for the development and dissemination of such information, and services described in this title. The Office may make or accept grants or transfer of funds for such purposes. INVESTIGATION AND REVENUES

12 USC 3045.

SEC. 205. The Office may undertake investigations of new types of services which can more effectively be provided through cooperative not-for-profit organizations and make surveys of areas where the increased use of such organizations will contribute to the economic well-being of the community.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/567

 PUBLIC LAW 95-351—AUG. 20, 1978

92 STAT. 513

FINANCIAL ANALYSIS AND MARKET SURVEYS

SEC. 206. The Office may, at the request of any eligible cooperative, 12 USC 3046. provide a financial analysis of the applicant's capital structure and needs and its cost of operations, survey the market for the goods or services the cooperative makes or desires to make available to its members or patrons or the users of its facilities. DIRECTOR AND MANAGEMENT TRAINING AND ASSISTANCE

SEC. 207. The Office shall develop and make available, alone or in 12 USC 3047. concert with other organizations, a program for training directors and staff of eligible cooperatives to improve their understanding of their responsibilities; the problems of and solutions for effective and efficient operation of their organizations or of cooperatives in general; and may by any means it deems appropriate, conduct membership studies, provide membership education programs, and programs for informing consumers and the general public of the advantages of cooperative action. Management supervision, review, and consultations shall be available from the Office to any eligible cooperative. G O V E R N M E N T ASSISTANCE PROGRAMS

SEC. 208. The Office shall work closely with all United States Gov- 12 USC 3048. ernment agencies offering programs for which consumer cooperatives may be eligible to assure that information concerning all such programs is made available to eligible cooperatives. AUTHORIZATION

SEC. 209. There are authorized to be appropriated to the Office 12 USC 3049. $2,000,000 for the fiscal year ending September 30, 1979, and for each of the two succeeding fiscal years, such sums as may be necessary for the administration of this title. Any sums so appropriated shall remain available until expended. FEES FOR SERVICES

SEC. 210. The Office may make the technical assistance services under 12 USC 3050. this title available for such fees as it may establish, except that such services as the Office may determine may be made available without charge to eligible cooperatives depending on the nature of the services or on ability to pay. Any fees collected shall be accounted for separately and be available for expenses of the Office. TITLE III—GENERAL PROVISIONS AMENDMENTS TO EXISTING LAW

SEC. 301. (a) Section 201 of the Government Corporation Control Act (31 U.S.C. 856) is amended by redesignating paragraph (6) the second time it appears therein as paragraph (7), by striking out "and" immediately before " (9) " and by inserting ", and (10) the National Consumer Cooperative Bank" immediately before the period at the end thereof.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/568

 92 STAT. 514

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PUBLIC LAW 95-351—AUG. 20, 1978 (b) Section 302 of the Government Corporation Control Act (31 U.S.C. 867) is amended by striking out "or" before "the Federal Land Banks" and inserting immediately after "the Federal Land Banks," the following: "or the National Consumer Cooperative Bank,". (c) The second sentence of subsection (d) of section 303 of the Government Corporation Control Act (31 U.S.C. 868(d)) is amended by inserting "National Consumer Cooperative Bank," immediately before "Rural Telephone Bank". SEC. 302. Section 5315 of title 5, United States Code, is amended by adding at the end thereof the following: "(122^ President, National Consumer Cooperative Bank. "(123) Director, Office of Self-Help Development and Technical Assistance, National Consumer Cooperative Bank.". Approved August 20, 1978.

SMi

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 95-311 (Comm. on Banking, Finance, and Urban Affairs) and No. 95-1399 (Comm. of Conference). SENATE REPORT No. 95-795 (Comm. on Banking, Housing, and Urban Affairs). CONGRESSIONAL RECORD: Vol. 123 (1977): July 13, 14, considered and passed House. Vol. 124 (1978): July 13, considered and passed Senate, amended. July 24, 25, In\the! House: \objection, to |request for j unanimous consent to Senate| amendment; conference requested. July 27, Senate agreed to conference report. Aug. 9, House agreed to conference report.

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Page:Hockey, Canada's Royal Winter Game.djvu/21

 air in their expanded lungs, strength in their limbs, and with a keen, bright eye, "seeking what they might devour."

As time wore on, the gradual development of rules and regulations wrought, in this warlike pastime, the important changes, that were, in time, to give birth to the science that characterizes hockey as the peer of clean, exciting, fascinating games.

Twenty-five years ago, hockey, as played to-day, was an unknown sport. Shinny was played on the lakes, rivers and canals throughout the country, but only a discerning eye could discover in this crude, but infatuating amusement, the grand possibilities that a refined game could offer. Without restrictions as to the proportions of the stick, the nature or quality of the puck, the size of the playing space on the ice, or the number of the players, the sport could not develope into a scientific game, until such time as it would be discussed and regulated, by those who sought its advancement.

To the McGill College and Victoria Hockey teams of Montreal the game of hockey owes its present state. These two were the first regularly organized hockey clubs in the world, the former preceding the latter by a very short time. Previous to the formation of the above organizations about 1881, teams existed


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Page:United States Statutes at Large Volume 92 Part 1.djvu/569

 PUBLIC LAW 95-352—AUG. 20, 1978

92 STAT. 515

Public Law 95-352 95th Congress An Act To authorize appropriations for activities and programs carried out by the Secretary of the Interior through the Bureau of Land Management. Be it enacted by the Seriate arid House of Representatives of the United States of America in Congress assembled, That pursuant to section 318(b) of the Federal Land Policy and Management Act of 1976 (31 U.S.C. 1301 note), there are hereby authorized to be appropriated the following sums for activities and programs administered through the Bureau of Land Management: (a) for management of lands and resources, excluding emergency firefighting and rehabilitation: $312,100,000 for fiscal year 1979, $329,300,000 for fiscal year 1980, $361,300,000 for fiscal year 1981, and $393,300,000 forfiscal year 1982; (b) for land acquisition, construction, and maintenance: $22,600,000 for fiscal year 1979, $22,000,000 for fiscal year 1980, $25,000,000 for fiscal year 1981, and $27,000,000 for fiscal year 1982; (c) for implementation of the Act of October 20, 1976 (31 U.S.C. 1601): $105,000,000 and such additional sums as are necessary for payments for fiscal year 1979, $108,000,000 and such additional sums as are necessary for payments for fiscal year 1980, $111,000,000 and such additional sums as are necessary for payments for fiscal year 1981, and $114,000,000 and such additional sums as are necessary for payments for fiscal year 1982; (d) for implementation of section 317(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1747): $40,000,000 for loans for fiscal year 1979, $50,000,000 for loans for fiscal year 1980, $57,000,000 for loans for fiscal year 1981, and $65,000,000 for loans for fiscal year 1982; and (e) such additional or supplemental amounts as may be necessary for increases in salary, pay, retirements and other employee benefits authorized by law, and for other nondiscretionary costs. (f) Paragraph (c) of section 317 of the Federal Land Policy and Management Act of 1976 (90 Stat. 2743, 2771; 43 U.S.C. 1701, 1747) is amended to read as follows: "(c)(1) The Secretary is authorized to make loans to States and their political subdivisions in order to relieve social or economic impacts occasioned by the development of minerals leased in such States pursuant to the Act of February 25, 1920, as amended. Such loans shall be confined to the uses specified for the 50 per centum of mineral leasing revenues to be received by such States and subdivisions pursuant to section 35 of such Act. "(2) The total amount of loans outstandina: pursuant to this subsection for any State and political subdivisions thereof in any year shall be not more than the anticipated mineral leasing revenues to be received by that State pursuant to section 35 of the Act of February 25, 1920, as amended, for the ten years following. "(3) The Secretary, after consultation with the Governors of the affected States, shall allocate such loans among the States and their political subdivisions in a fair and equitable manner, giving priority to those States and subdivisions suffering the most severe impacts.

Aug. 20, 1978 [H.R. 10787] Bureau of Land Management. Appropriation authorizations. 43 USC 1748.

30 USC 181. 30 USC 191.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/570

 92 STAT. 516

PUBLIC LAW 95-352—AUG. 20, 1978

"(4) Loans made pursuant to this subsection shall be subject to such terms and conditions as the Secretary determines necessary to Regulations. assure the achievement of the purpose of this subsection. The Secretary shall promulgate such regulations as may be necessary to carry out the provisions of this subsection no later than three months after the enactment of this paragraph. "(5) Loans made pursuant to this subsection shall bear interest equivalent to the lowest interest rate paid on an issue of at least $1,000,000 of tax exempt bonds of such State or any agency thereof within the preceding calendar year. "(6) Any loan made pursuant to this subsection shall be secured only by a pledge of the revenues received by the State or the political subdivision thereof pursuant to section 35 of the Act of February 25, 30 USC 191. 1920, as amended, and shall not constitute an obligation upon the general property or taxing authority of such unit of government. "(7) Notwithstanding any other provision of law, loans made pursuant to this subsection may be used for the non-Federal share of the aggregate cost of any project or program otherwise funded by the Federal Government which requires a non-Federal share for such project or program and which provides planning or public facilities otherwise eligible for assistance under this subsection. "(8) Nothing in this subsection shall be construed to preclude any forebearance for the benefit of the borrower including loan restructuring, which may be determined by the Secretary as justified by the failure of anticipated mineral development or related revenues to materialize as expected when the loan was made pursuant to this subsection. "(9) Recipients of loans made pursuant to this subsection shall keep such records as the Secretary shall prescribe by regulation, including records which fully disclose the disposition of the proceeds of such assistance and such other records as the Secretary may require to facilitate an effective audit. The Secretary and the Comptroller General of the United States or their duly authorized representatives shall have access, for the purpose of audit, to such records. "(10) No person in the United States shall, on the grounds of race, color, religion, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity funded in whole or part with funds made available under this subsection. "(11) All amounts collected in connection with loans made pursuant to this subsection, including interest payments or repayments of principal on loans, fees, and other monevs, derived in connection with this subsection, shall be deposited in the Treasury as miscellaneous receipts.". SKC. 2. The Act entitled "An Act to provide for the establishment of t]io King Ran^e National Conservation Area in the State of California", approved October 21.1970 (Public Law 91-476), is amended— 16 USC 460y-4. (1) by adding at the end of subparagraph (B) of section 5(3) the following sentence: "Any such payment made to the Secretary shall be deposited in the Treasury as a miscellaneous receipt."; 16 USC 460y-9. (2) by inserting " (a) " in section 10 after "SEC. 10.": and (3) by adding at the end of section 10 the following new subsection:

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Page:United States Statutes at Large Volume 92 Part 1.djvu/571

 PUBLIC LAW 95-352—AUG. 20, 1978

92 STAT. 517

"(b) In addition to any amounts authorized to be appropriated under subsection (a), there are authorized to be appropriated for, fiscal years beginning on or after October 1, 1979, for the acquisition of lands and interests in lands under this Act— "(1) from the Land and Water Conservation Fund (established under the Land and Water Conservation Fund Act of 1965) 16 USC 460/-4 not to exceed $5,000,000, and "ote. " (2) from any other sources an amount not to exceed the sum of (A) $5,000,000, and (B) an amount equal to the amount deposited in the Treasury under section 5(3)(B) of this Act 16 USC 460/-7. after the date of the enactment of this subsection, such sums to remain available until expended.". Approved August 20, 1978.

<,<.^r.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1121 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 95-789 accompanying S. 2234 (Comm. on Energy and Natural f 6 sources) \ CONGRESSIONAL RECORD, Vol. 124 (1978): July 11, considered and passed House. July 27, considered and passed Senate, amended, in lieu of S. 2234. Aug. 2, House concurred in Senate amendment with an amendment. Aug. 8, Senate concurred in House amendment.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/572

 92 STAT. 518

PUBLIC LAW 95-353—AUG. 28, 1978

Public Law 95-353 95th Congress An Act Aug. 28, 1978 [H.R. 11579]

Olin E. Teague Veterans' Center, Tex.

Effective date.

To designate the Veterans' Administration center located at 1901 South First Street, Temple, Texas, as the "Olin E. Teague Veterans' Center"; and for other purposes.

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

TITLE I—NAMING OF THE TEMPLE, TEXAS, VETERANS' ADMINISTRATION CENTER FOR OLIN E. TEAGUE SEC. 101. The Veterans' Administration center located at 1901 South First. Street, Temple, Texas, shall hereafter be known and designated as the "Olin E. Teague Veterans' Center". Any reference to such center in any law, regulation, document, map, record, or other paper of the United States shall be deemed to be a reference to the Olin E. Teague Veterans' Center. SEC. 102. The provisions of this title shall take effect on January 4, 1979. TITLE II—NAMING O F CERTAIN VETERANS' ADMINISTRATION HOSPITALS

James A. Haley Veterans' Hospital, Fla.

Edith Nourse Rogers Memorial Veterans' Hospital, Mass.

Wm. Jennings Bryan Dorn Veterans' Hospital, S.C.

Effective date.

SEC. 201. The Veterans' Administration hospital in Tampa, Florida, shall hereafter be known and designated as the "James A, Haley Veterans' Hospital". Any reference to such hospital in any law, regulation, document, map, record, or other paper of the United States shall be deemed to be a reference to the James A. Haley Veterans' Hospital. SEC. 202. The Veterans' Administration hospital in Bedford, Massachusetts, shall hereafter be known and designated as the "Edith Nourse Rogers Memorial Veterans' Hospital". Any reference to such hospital in any law, regulation, document, map, record, or other paper of the United States shall be deemed to be a reference to the Edith Nourse Rogers Memorial Veterans' Hospital. SEC. 203. The Veterans' Administration hospital in Columbia, South Carolina, shall hereafter be known and designed as the "Wm. Jennings Bryan Dorn Veterans' Hospital". Any reference to such hospital in any law, regulation, document, or other paper of the United States shall be deemed to be a reference to the Wm. Jennings Bryan Dorn Veterans' Hospital. SEC. 204. The provisions of this title shall be effective on the date of enactment of this Act. Approved August 28, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1411 (Comm. on Veterans' Affairs). CONGRESSIONAL RECORD, Vol. 124 (1978): Aug. 7, considered and passed House. Aug. 11, considered and passed Senate, amended. Aug. 15, House concurred in Senate amendments.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/573

 PUBLIC LAW 95-354—AUG. 28, 1978

92 STAT. 519

Public Law 95-354 95th Congress An Act To authorize appropriations to carry out the Fishery Conservation and Management Act of 1976 during fiscal year 1979, to provide for the regulation of foreign fish processing vessels in the fishery conservation zone, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United /States of America in Congress assembled, That section 406 of the Fishery Conservation and Management Act of 1976 (16 U.S.C. 1882) is amended by adding at the end thereof the following new paragraph: " (5) $30,000,000 for the jfiscal year ending September 30, 1979.". SEC. 2. (a) Section 2(a)(7) of the Fishery Conservation and Management Act of 1976 (16 U.S.C. 1801(a)(7)) is amended by striking out "United States fishermen" and inserting in lieu thereof "the United States fishing industry". (b) Section 2(b)(6) of such Act (16 U.S.C. 1801(b)(6)) is amended b;^ inserting immediately after "development" the following: "by the United States fishing industry". SEC. 3. Section 3 of the Fishery Conservation and Management Act of 1976 (16 U.S.C. 1802) is amended by redesignating paragraph (25) as paragraph (27), and by inserting the following new paragraphs immediately after paragraph (24): "(25) The term 'United States fish processors' means facilities located within the United States for, and vessels of the United States used or equipped for, the processing of fish for commercial use or consumption. " (26) The term 'United States harvested fish' means fish caught, taken, or harvested by vessels of the United States within any fishery for which a fishery management plan prepared under title III or a preliminary fishery management plan prepared under section 201(h) has been implemented.". SEC. 4. Title II of the Fishery Conservation and Management Act of 1976 (16 U.S.C. 1821-1825) is amended as follows: (1) Section 201(a)(2) is amended by striking"(f)"and inserting in lieu thereof " (g)". (2) Section 201(c)(3) is amended by striking out "exceed" and inserting in lieu thereof "harvest an amount of fish which exceeds". (3) Section 201 is amended by redesignating subsections (f) and (g) as (g) and (h), respectively, and by inserting after subsection (e) the following new subsection: "(f) FOREIGN ALLOCATION REPORT.—The Secretary of the Treasury, in cooperation with the Secretary and the Secretary of State, shall prepare and submit a report to the Congress and the President, not later than July 1 of each year, setting forth— "(1) a list of species of all allocations made to foreign nations pursuant to subsection (e) and all permits issued pursuant to section 204(b)(6)(B); and "(2) all tariff and nontariff trade barriers imposed by such nations on the importation of such species from the United States.".

Aug. 28, 1978 [H.R. 10732]

Fishery Conservation and Management Act of 1976, amendment. Appropriation authorization.

Definitions.

16 USC 1851. 16 USC 1821.

Report to Congress and President.

16 USC 1824.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/574

 92 STAT. 520 16 USC 1821.

16 USC 1824.

Publication in Federal Register.

PUBLIC LAW 95-354—AUG. 28, 1978 (4) Section 201(h)(1), as redesignated by paragraph (3), is amended to read as follows: "(1) shall contain a preliminary description of the fishery and a preliminary determination as to— " (A) the optimum yield from such fishery; "(B) when appropriate, the capacity and extent to which United States fish processors will process that portion of such optimum yield that will be harvested by vessels of the United States; and "(C) the total allowable level of foreign fishing with respect to such fishery;". (5) Section 204(b)(3)'is amended— (A) by amending subparagraph (D) to read as follows: "(D) the estimated amount of tonnage of fish which will be caught, taken, or harvested in each such fishery by each such vessel during the time the permit is in force;", (B) by redesignating subparagraph (E) as subparagraph (F),and (C) by inserting immediately after subparagraph (D) the following new subparagraph: " (E) the amount or tonnage of United States harvested fish, if any, which each such vessel proposes to receive at sea from vessels of the United States; and". (6) Section 204(b)(4) is amended by striking out "such application in the Federal Register and" and inserting in lieu thereof "a notice of receipt of the application in the Federal Register. Any such notice shall summarize the contents of the applications f I'om each nation included therein with respect to the matters described in paragraph (3) and shall be set forth under the name of each Council to which it will be transmitted for comment. The Secretary of State". (7) Section 204(b)(6) is amended— (A) by inserting " (A) " before "After" in the first sentence thereof, (B) by inserting ", subject to subparagraph (B)," immediately after "may approve" in the second sentence thereof, and (C) by adding at the end thereof the following new subparagraph: "(B)(i) In the case of any application which specifies that one or more foreign fishing vessels propose to receive at sea United States harvested fish from vessels of the United States, the Secretary may approve the application unless the Secretary determines, on the basis of the views, recommendations, and comments referred to in subparagraph (A) and other pertinent information, that United States fish processors have adequate capacity, and will utilize such capacity, to process all United States harvested fish from the fishery concerned.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/575

 PUBLIC LAW 95-354—AUG. 28, 1978 "(ii) The amount or tonnage of United States harvested fish which may be received at sea during any year by foreign fishing vessels under permits approved under this paragraph may not exceed that portion of the optimum yield of the fishery concerned which will not be utilized by United States fish processors. "(iii) In deciding whether to approve any application under this subparagraph, the Secretary may take into account, with respect to the foreign nation concerned, such other matters as the Secretary deems appropriate.". (8) Section 204(b)(7) is amended by redesignating subparagraph (D) as subparagraph (F), and inserting immediately after subparagraph (C) the following new subparagraphs: "(D) If the permit is issued other than pursuant to an application approved under paragraph (6)(B), the restriction that the foreign fishing vessel may not receive at sea United States harvested fish from vessels of the United States. " (E) If the permit is issued pursuant to an application approved under paragraph (6)(B), the maximum amount or tonnage of United States harvested fish which may be received at sea from vessels of the United States.". SEC. 5. Title III of the Fishery Conservation and Management Act of 1976 (16 U.S.C. 1851-1861) is amended as follows: (1) Section 302(h)(5) is amended by inserting "the capacity and extent to which United States fish processors will process United States harvested fish from," immediately after "from,". (2) Section 303(a)(4) is amended— (A) by striking out "and" at the end of subparagraph (A); (B) by striking out "; and" at the end of subparagraph (B) and inserting in lieu thereof ", and" and (C) by adding at the end thereof the following new subparagraph: "(C) the capacity and extent to which United States fish processors, on an annual basis, will process that portion of such optimum yield that will be harvested by fishing vessels of the United States; and". (3) Section 303(a)(5) is amended by striking out "and number of hauls." and inserting in lieu thereof "number of hauls, and the estimated processing capacity of, and the actual processing capacity utilized by. United States fish processors.". (4) Section 307 is amended— (A) by striking out "and" at the end of paragraph (1)(H); (B) by striking out the period at the end of paragraph (2) and inserting in lieu thereof "; and"; and (C) by adding at the end thereof the following new paragraph: "(3) for any vessel of the United States, and for the owner or operator of any vessel of the United States, to transfer directly

92 STAT. 521

16 USC 1824.

16 USC 1852. 16 USC 1853.

16 USC 1857.

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 92 STAT. 522

16 USC 1824.

PUBLIC LAW 95-354—AUG. 28, 1978 or indirectly, or attempt to so transfer, any United States harvested fish to any foreign fishing vessel, while such foreign vessel is within the fishery conservation zone, unless the foreign fishing vessel has been issued a permit under section 204 which authorizes the receipt by such vessel of United States harvested fish of the species concerned.". Approved August 28, 1978.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 95-1334 accompanying H.R. 13340 and No. 95-1024 (Comm. on Merchant Marine and Fisheries). SENATE REPORTS: No. 95-935 accompanying S. 3050 and No. 95-815 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD, VoL 124 (1978): Apr. 10, considered and passed House. June 14, considered and passed Senate, amended. July 11, H.R. 13340 considered and passed House; passage vacated; House agreed to Senate amendments of H.R. 10732 with an amendment. Aug. 4, Senate concurred in House amendment with an amendment. Aug. 10, House concurred in Senate amendment. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 14, No. 35: Aug. 28, Presidential statement.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/577

 PUBLIC LAW 95-355—SEPT. 8, 1978

92 STAT. 523

Public Law 95-355 95th Congress An Act Making supplemental appropriations for the fiscal year ending September 30, 1978, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, to supply supplemental appropriations (this act may be cited as the "Second Supplemental Appropriations Act, 1978") for the fiscal year ending September 30, 1978, and for other purposes, namely: TITLE I CHAPTER I DEPARTMENT OF AGRICULTURE A N I M A L AND PLANT H E A L T H INSPECTION SERVICE

For an additional amount for "Animal and Plant Health Inspection Service", $2,000,000. ECONOMIC RESEARCH SERVICE

For an additional amount for "Economic Research Service", $950,000. FEDERAL CROP INSURANCE CORPORATION SUBSCRIPTION TO CAPITAL STOCK

To enable the Secretary of the Treasury to subscribe and pay for capital stock of the Federal Crop Insurance Corporation, as provided in section 504 of the Federal Crop Insurance Act (7 U.S.C. 1504), $20,000,000. FARMERS HOME ADMINISTRATION RURAL W A T E R AND WASTE DISPOSAL GRANTS

For an additional amount for grants pursuant to sections 306(a) (2) and 306(a)(6) of the Consolidated Farm and Rural Development Act, as amended (7 U.S.C. 1926), $50,000,000 to remain available until expended, pursuant to section 306(d) of the above Act. SALARIES A N D

EXPENSES

For an additional amount for "Salaries and Expenses", $1,000,000. SOIL CONSERVATION SERVICE CONSERVATION OPERATIONS

For an additional amount for "Conservation Operations", $7,700,000, to remain available until expended.

39-194 O—80—pt. 1

37: QL3

Sept. 8, 1978 [H.R. 13467] Second Supplemental Appropriations ^^^ ^^'^'

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Page:United States Statutes at Large Volume 92 Part 1.djvu/578

 92 STAT. 524

PUBLIC LAW 95-355—SEPT. 8, 1978 WAITSRSHED AND FLOOD PREVENTION OPERATIONS

For an additional amount for emergency measures for runoff retardation and soil-erosion prevention, as provided by section 216 of the Flood Control Act of 1950 (33 U.'S.C. 701b-l) in addition to funds provided elsewhere, $80,000,000, to remain available until expended. AGRICULTURAL

STABrLizATioN AND CONSERVATION

SERVICE

EMERGENCY CONSERVATION MEASURES

71 Stat. 176.

For an additional amount for emergency conservation measures, to be used for the same purposes and subject to the same conditions as funds appropriated under this head in the Third Supplemental Appropriations Act, 1957, $20,000,000, with which shall be merged the unexpended balances of funds heretofore appropriated for emergency conservation measures. RELATED AGENCIES COMMODITY FUTURES TRADING COMMISSION

For an additional amount for "Commodity Futures Trading Commission", $121,000. CHAPTER II FOREIGN OPERATIONS FUNDS APPROPRIATED TO THE PRESIDENT ECONOMIC ASSISTANCE INTERNATIONAL ORGANIZATIONS AND PROGRAMS

For an additional amount for "International organizations and programs", $9,000,000. P A Y M E N T TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY F U N D

For an additional amount for "Payment to the Foreign Service Retirement and Disability Fund", $2,770,000. I N D E P E N D E N T AGENCY ACTION—INTERNATIONAL PROGRAMS PEACE C O R P S

For an additional amount for "Operating expenses, international programs", $2,265,000. DEPARTMENT OF STATE M I G R A T I O N AND REFUGEE ASSISTANCE

For an additional amount for "Migration and refugee assistance", $7,480,000.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/579

 PUBLIC LAW 9 5 - 3 5 5 — S E P T. 8, 1978

92 STAT. 525

UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE FUND

For an additional amount for "United States Emergency Kefugee and Migration Assistance F u n d ", $2,500,000, to remain available until expended. CHAPTER III

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT H O U S I N G PROGRAMS RENT SUPPLEMENT PROGRAM

The limitation otherwise applicable to the maximum payments that may be required by all contracts entered into under section 101 of the Housing and Urban Development Act of 1965 (12 U.S.C. 1701s) is increased by $24,300,000: Provided, That budget authority obligated under such contracts shall be limited to $24,300,000. INDEPENDENT ENVIRONMENTAL

AGENCIES

PROTECTION

AGENCY

RESEARCH AND DEVELOPMENT

For an additional amount for "Research and development", $1,400,000, to remain available until September 30, 1979. ABATEMENT AND CONTROL

^\^..VsM i^*

For an additional amount for "Abatement and control", $8,000,000, to remain available until September 30, 1979. EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF SCIENCE AND TECHNOLOGY POLICY

The limitation on travel expenses for the Office of Science and Technology Policy for fiscal year 1978 is increased by $27,000. NATIONAL COMMISSION ON A I R

QUALITY

SALARIES AND EXPENSES

For necessary expenses of the National Commission on A i r Quality as authorized by the Clean A i r Act Amendments of 1977 (42 U.S.C. 7623 and 7626), including services as authorized by 5 U.S.C. 3109, $500,000. VETERANS

ADMINISTRATION

COMPENSATION AND PENSIONS

For an additional amount for "Compensation $489,600,000, to remain available until expended.

and pensions",

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Page:United States Statutes at Large Volume 92 Part 1.djvu/580

 92 STAT. 526

PUBLIC LAW 95-355—SEPT. 8, 1978 VETERANS INSURANCE AND INDEMNITIES

For an additional amount for "Veterans Insurance and Indemnities", $1,000,000, to remain available until expended. MEDICAL CARE

For an additional amount for "Medical care", $4,000,000. GENERAL. OPERATING EXPENSES

For an additional amount for "General operating expenses", $6,800,000. ASSISTANCE FOR HEALTH MANPOWER TRAINING INSTITUTIONS

For an additional amount for "Assistance for health manpower training institutions", $3,953,000, to remain available until September 30, 1984. CHAPTER IV DEPARTMENT OF THE INTERIOR BUREAU or LAND MANAGEMENT MANAGEMENT OF LANDS AND RESOURCES

For an additional amount for "Management of lands and resources", $53,000,000. PAYMENTS I N LIEU OF TAXES

91 Stat. 285.

Appropriations made under this head in Public Law 95-74 may be used to correct underpayments in the previous fiscal year to achieve equity among all qualified recipients. UNITM) STATES F I S H AND WILDLIFE SERVICE RESOURCE M A N A G E M E N T

For an additional amount for "Resource management", $1,583,000. HERITAGE CONSERVATION AND RECREATION SERVICE LAND AND WATER CONSERVATION FUND

Ante, p. 163. 91 Stat. 285.

For an additional amount, to be derived from the "Land and Water Conservation Fund", $205,000,000, to remain available until expended, to the National Park Service for expenses for the Redwood National Park expansion authorized hj Public Law 95-250, including $200,000,000 for compensation to be paid pursuant thereto: Provided, That $205,000,000 of the funds appropriated in Public Law 95-74 for the National Park Service, the Forest Service, and the Bureau of Land Management, from the Land and Water Conservation Fund shall be derived from the authorization provided by the 1977 amend-

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