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Page:United States Statutes at Large Volume 92 Part 1.djvu/749

 PUBLIC LAW 95-372—SEPT. 18, 1978 (c) For purposes of this section, the term— (1) "local distribution company" means any person— (A) engaged in the distribution of natural gas at retail, including any subsidiary or affiliate thereof engaged in the exploration and production of natural gas; and (B) regulated, or operated as a public utility, by a State or local government or agency thereof; (2) "interstate commerce" shall have the same meaning as such term has under section 2(7) of the Natural Gas Act; and (3) "Commission" means the Federal Energy Eegulatory Commission. ANTroiSCRIMINATION

Definitions.

15 USC 717a.

PROVISIONS

SEC. 604. Each agency or department given responsibility for the romulgation or enforcement of regulations under this Act or the uter Continental Shelf Lands Act shall take such affirmative action as deemed necessary to prohibit all unlawful employment practices and to assure that no person shall, on the grounds of race, creed, color, national origin, or sex, be excluded from receiving or participating in any activity, sale, or employment, conducted pursuant to the provisions of this Act or the Outer Continental Shelf Lands Act. The agency or department shall promulgate such rules as it deems necessary to carry out the purposes of this section, and any rules promulgated under this section, whether through agency and department provisions or rules, shall be similar to those established and in effect under title VI and title VII of the Civil Rights Act of 1964.

S

SUNSHINE IN

92 STAT. 695

43 USC 1863.

43 USC 1331 et seq.

Rules,

42 USC 200(>d, 2000e.

GOVERNMENT

SEC. 605. (a) Each officer or employee of the Department of the 43 USC 186^1 Interior who— (1) performs any function or duty under this Act or the Outer Continental Shelf Lands Act, as amended by this Act; and 43 USC 1331 (2) has any known financial interest in any person who (A) note. applies for or receives any permit or lease under, or (B) is otherwise subject to the provisions of this Act or the Outer Continental Shelf Lands Act, shall, beginning on February 1, 1979, annually file with the Secretary of the Interior a written statement concerning all such interests held by such officer or employee during the preceding calendar year. Such statement shall be available to the public, (b) The Secretary of the Interior shall— (1) within ninety days after the date of enactment of this Act— (A) define the term "known financial interest" for pur- "Known financial interest." poses of subsection (a) of this section; and (B) establish the methods by which the requirement to file written statements specified in subsection (a) of this section will be monitored and enforced, including appropriate provisions for the filling by such officers and emplovees of such statements and the review by the Secretary of such statements; and (2) report to the Congress on June 1 of each calendar year with Report to respect to such disclosures and the actions taken in regard thereto Congress. during the preceding calendar year.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/750

 92 STAT. 696 -mmim-l:,}

Penalty.

PUBLIC LAW 95-372—SEPT. 18, 1978 i^) ^^ * ^ rules prescribed in subsection (b) of this section, the Sec^® retary may identity specific positions within the Department of the Interior which are of a nonregulatory or nonpolicymaking nature and provide that officers or employees occupying such positions shall be exempt from the requirements of this section. (d) Any officer or employee who is subject to, and knowingly violates, this section shall be fined not more than $2,500 or imprisoned not more than one year, or both. INVESTIGATION OF AVAILABILITY OF OIL AND NATURAL GAS FROM THE OUTER CONTINENTAL SHELF

43 USC 1865.

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eoii.;

,fe<^ ''^'-•'

^^i^^*^

SEC. 606. (a) The Congress hereby finds that— (1) there is a serious lack of adequate basic energy information available to the Congress and the Secretary of the Interior with respect to the availability of oil and natural gas from the Outer Continental Shelf; (2) there is currently an urgent need for such information; (3) the existing collection of information by Federal departments and agencies relevant to the determination of the availability of such oil and natural gas is uncoordinated, is jurisdictionally limited in scope, and relies too heavily on unverified information from industry sources; (4) adequate, reliable, and comprehensive information with respect to the availability of such oil and natural gas is essential to the national security of the United States; and (5) this lack of adequate reserve data requires a rexamination of past data as well as the acquisition of adequate current data. (b) The purpose of this section is to enable the Secretary of the Interior and the Congress to gain the best possible knowledge of the status of Outer Continental Shelf oil and natural gas reserves, resources, productive capacity, and production available to meet current and future energy supply emergencies, to gain accurate knowledge of the potential quantity of oil and natural gas resources which could be made available to meet such emergencies, and to aid in establishing energy pricing and conservation policies. (c) The Secretary of the Interior shall conduct a continuing investigation, based on data and information which he determines has been adequately and independently audited and verified, for the purpose of determining the availability of all oil and natural gas produced or located on the Outer Continental Shelf. (d) The investigation conducted pursuant to this section shall include, among other items— (l)(A) a determination of the maximum attainable rate of production (MAR) of crude oil and natural gas from significant fields on the Outer Continental Shelf; and (B) an analysis of whether the actual production has been less than the MAR and, if so, the reasons for the differences; (2) an estimate of the total discovered crude oil and natural gas reserves by fields (including proved and indicated reserves) and undiscovered crude oil and natural gas resources (including hypothetical and speculative resources) of the Outer Continental Shelf; (3) the relationship of any and all such information to the requirements of conservation, industry, commerce, and the national defense; and

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Page:United States Statutes at Large Volume 92 Part 1.djvu/751

 PUBLIC LAW 95-372—SEPT. 18, 1978

92 STAT. 697

(4) an independent evaluation of trade association procedures for estimating Outer Continental Shelf reserves, ultimate recovery, and productive capacity for years in which trade associations made such estimates. In order to provide maximum opportunity for evaluation and continuity, the Secretary shall obtain all the available data and other records, including a description of the methodology and estim;ating procedures, which the trade associations used in compiling their data with respect to the reserves. (e) The Secretary shall, not later than one year after the date of Report to enactment of this section, submit an initial report to the Congress. The Congress. initial report shall include cost estimates for the separate components of the continuing investigation and a time schedule for meeting all of its specifications. The schedule shall provide for producing all the information required in subsections (d)(1)(A), (d)(2), and (d)(3) of this section on the day following the first complete calendar year after such date of enactment, and every two years thereafter. The Effective dates Secretary shall make separate reports on the data acquired pursuant to subsection (d)(4) of this section as follows: (1) Within six months after the date of enactment of this section, a report on the acquisition and details of trade association data and information. (2) Within twelve months after submission of the report required by subsection (e)(1) of this section, an evaluation of the trade a,ssociation materials. (3) Within twelve months after submission of the report required by paragraph (2) of this subsection, a report on the relationship between trade association data and the new data collected under this section. (f) The Secretary of the Interior shall consult with the Federal Federal Trade Trade Commission regarding categories of information acquired pur- Commission, suant to this section. Notwithstanding any other provision of law, the consultation. Secretary of the Interior shall, upon request of the Federal Trade Commission, make available to such Commission any information acquired under this section. (g) For purposes of this section, the term— Definitions. (1) "maximum attainable rate of production" or "MAR" means the maximum rate of production of crude oil and natural gas which may be produced under actual operating conditions without loss of ultimate recovery of crude oil and natural gas; and (2) "Outer Continental Shelf" has the meaning given such term in section 2(a) of the Outer Continental Shelf Lands Act. 43 USC 1331. RECOMMENDATIONS FOR TRAINING PROGRAM

SEC. 607. Not later than ninety days after the date of enactment of this Act, the Secretary of the Interior, in consultation with the Secretary of the Department in which the Coast Guard is operating, shall prepare and submit to the Congress a report which sets forth the recommendations of the Secretary for a program to assure that any individual— (1) who is employed on any artificial island, installation, or other device located on the Outer Continental Shelf; and (2) who, as part of such employment, operates, or supervises the operation of pollution-prevention equipment, is properly trained to operate, or supervise the operation of, such equipment, as the case may be.

Report to Congress. 43 USC 1348 note.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/752

 92 STAT. 698

PUBLIC LAW 95-372—SEPT. 18, 1978 RELATIONSHIP TO EXISTING LAW

43 USC 1866. 16 USC 1451 °°*®f2 y SC 4321 note 30 USC 21a note

SEC. 608. (a) Except as otherwise expressly provided in this Act, nothing in this Act shall be construed to amend, modify, or repeal any provision of the Coastal Zone Management Act of 1972, the National Environmental Policy Act of 1969, the Mining and Mineral Policy Act of 1970, or any other Act. (b) Nothing in this Act or any amendment made by this Act to the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) or any other Act shall be construed to affect or modify the provisions of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.) whicn provide for the transferring and vesting of functions to and in the Secretary of Energy or any component of the Department of Energy. Approved September 18, 1978.

LEGISLATIVE HISTORY: HOUSE REPORTS No. 95-590 accompanying H.R. 1614 (Ad Hoc Select Committee on the Outer Continental Shelf) and No. 95-1474 (Comm. of Conference). SENATE REPORTS No. 95-284 (Comm. on Energy and Natural Resources) and No. 95-1091 (Comm. of Conference). CONGRESSIONAL RECORD: Vol. 123 (1977): July 14, 15, considered and passed Senate. Vol. 124 (1978): Jan. 25, 26, 31, Feb. 1, 2, H.R. 1614 considered and passed House; proceedings vacated and S. 9, amended, passed in lieu. Aug. 17, House agreed to conference report. Aug. 22, Senate agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS: Vol. 14, No. 38 (1978): Sept. 18, Presidential statement.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/753

 PUBLIC LAW 95-373—SEPT. 18, 1978

92 STAT. 699

Public Law 95-373 95th Congress An Act Making appropriations for the government of the District of Columbia and other activities chargeable in whole or in part against the revenues of said District for the fiscal year ending September 30, 1979, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the District of Columbia for the fiscal year ending September 30, 1979, and for other purposes, namely:

Sept. 18, 1978 [H.R. 134681"

District of Columbia Appropriation Act, 1979.

TITLE I—TEMPOKARY COMMISSION ON FINANCIAL OVERSIGHT OF THE DISTRICT OF COLUMBIA SALARIES AND EXPENSES

For salaries and expenses necessary to carry out the provisions of the Act creating the Temporary Commission on Financial Oversight of the District of Columbia (Public Law 94-399), $3,000,000, which shall be available until expended: Provided, That the Temporary Commission on Financial Oversight of the District of Columbia shall have the power to appoint, fix the compensation of, and remove an Executive Director and additional staff members without regard to chapter 51, subchapters III and VI of chapter 53, and chapter 75 of title 5, United States Code, and those provisions of such title relating to the appointment in the competitive service. For purposes of pay (other than pay of the Executive Director) and employment benefits, rights, and privileges, all personnel of the Commission shall be treated as Congressional employees. The Executive Director may be paid compensation at a rate not to exceed the rate prescribed for level IV of the Federal Executive Salary Schedule.

D.C. Code 47-101 note.

5 USC 5101 et seq., 5331 et seq.. 5361 et seq., 7501 et seq.

5 USC 5315.

TITLE II—DISTRICT O F COLUMBIA FEDERAL PAYMENT TO THE DISTRICT or COLUMBIA

For payment to the District of Columbia for the fiscal year ending September 30, 1979, $235,000,000, as authorized by the District of Columbia Self-Government and Governmental Reorganization Act, Public Law 93-198, as amended (D.C. Code 47-2501d); and $10,300,000 in lieu of reimbursements for charges for water and water services and sanitary sewer services furnished to facilities of the United States Government as authorized by the Act of May 18, 1954, as amended (D.C. Code 43-1541 and 1611): Provided, That there is hereby appropriated, out of any money in the Treasury not otherwise appropriated, $9,900,000, without fiscal year limitation, for the purposes of the sinking fund established by section 6(a) of the District of Columbia Stadium Act of 1957, as amended.

39-194 O—80—pt. 1

48: QL3

D.C. Code 2-1724.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/754

 92 STAT. 700

PUBLIC LAW 9 5 - 3 7 3 — S E P T. 18, 1978 DIVISION OF EXPENSES The following amounts are appropriated for the District of Columbia for the current fiscal year out of the general fund of the District of Columbia, except as otherwise specifically provided: i

i?

GENERAL OPERATING E X P E N S E S

General operating expenses, $93,765,300, of which $799,300 shall be payable from the revenue sharing trust f u n d: Provided, That not to exceed $2,500 for the Mayor and $2,500 for the Chairman of the • •'' Council of the District of Columbia shall be available from this appropriation for expenditures for official purposes: Provided fur?Aer, That, for the purpose of assessing and reassessing real property in the District of Columbia, $5,000 of this appropriation shall be available for services as authorized by 5 U.S.C. 3109, b u t a t rates for individuals not in excess of $100 per diem: Provided further, That not to exceed $7,500 of this appropriation shall be available for test borings and soil investigations: Provided further, That $5,835,500 of this appropriation, to remain available until expended, shall be available solely for District of Columbia employees' disability compensation: Provided further, That not to exceed $325,000 of this appropriation shall be available for settlement of property damage claims not in excess of $1,500 each and personal injury claims -»'"» not in excess of $5,000 each: Provided further, That not to exceed $50,000 of any appropriations available to the District of Columbia may be used to match financial contributions from the Department of Defense to the District of Columbia Office of Emergency P r e paredness for the purchase of civil defense equipment and supplies r approved by the Department of Defense, when authorized by the f.\v May o r: Provided further. That $3,000,000 of this appropriation, to remain available until expended, shall be for the District of Columbia's contribution toward the expenses of the Temporary Commission on Financial Oversight of the District of Columbia, as authorized by D-C. Code Public Law 94-399, approved September 4, 1976. 47-101 note. ^QX an additional amount for "General operating expenses", fiscal year 1978, $2,719,400, including payments made pursuant to the W a t e r and Sewer Repair and Compensation Act of 1976, D.C. Law 1-98, D.C. Code 6-401 effective March 29, 1977. note.

PUBLIC SAFETY

•'

42 USC 6721.

f , D.C. Code 11-2601 note.

WT; i

ns.^sim'l

Public safety, including purchase of one hundred and thirty-two passenger motor vehicles for replacement only (including one hundred and thirty for police-type use and two for fire-type use without regard to the general purchase price limitation for the current fiscal year); $265,190,200, of which $5,863,400 shall be payable from the revenue sharing trust fund, and $2,591,000 shall be payable from funds to be received under title II, Public Works Employment Act (Public Law 94-369), as amended: Provided, That the Police Department is authorized to replace not to exceed twenty-five passenger carrying vehicles, and the F i r e Department not to exceed five such vehicles annually whenever the cost of repair to any damaged vehicle exceeds three-fourths the cost of the replacement: Provided further, That funds appropriated for expenses under the Criminal Justice Act of 1974 (Public Law 9 3 ^ 1 2) for fiscal year 1979 shall be available for

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Page:United States Statutes at Large Volume 92 Part 1.djvu/755

 PUBLIC LAW 9 5 - 3 7 3 — S E P T. 18, 1978

92 STAT. 701

obligations incurred under that Act in fiscal year 1975, fiscal year 1976, fiscal year 1977, and fiscal year 1978: Provided further, That not to exceed $200,000 shall be available from this appropriation for the Chief of Police for the prevention and detection of crime. For an additional amount for "Public safety", fiscal year 1978, $889,700. EDUCATION

Education, including the development of national defense education programs, $283,605,400, of which $7,664,800 shall be payable from the revenue sharing trust fund, and $2,591,000 shall be payable from funds to be received under title II, Public W o r k s Employment Act (Public Law 94-369), as amended, to be allocated as follows: 42 USC 6721. $218,242,800 for the District of Columbia Public Schools, $21,705,000 for the Teachers' Retirement F u n d, and $43,657,600 for the University of the District of Columbia: Provided, That the District of Columbia Public Schools are authorized to accept not to exceed thirty-one motor vehicles for exclusive use in the driver education program: Provided further, That not to exceed $1,000 for the Superintendent of Schools, and $2,000 for the President of the University of the District of Columbia shall be available from this appropriation for expenditures for official purposes: Provided further, That the $21,705,000 of this appropriation allocated for the Teachers' Retirement F u n d shall be transferred to the Teachers' Retirement F u n d, in accordance with the provisions of section 7 of the Act of August 7, 1946 (60 Stat. 879, as amended; D.C. Code, sec. 31-727): Provided further, That not less than $7,257,800 of this appropriation shall be used exclusively for maintenance of the public schools. RECREATION

Recreation, $18,392,700, of which $208,200 shall be payable from the revenue sharing trust fund. For an additional amount for "Recreation", fiscal year 1978, $58,000. HUMAN

RESOURCES

Human resources, including care and treatment of indigent patients in institutions under contracts to be made by the Director of the Department of Human Resources, $283,321,300, of which $6,520,000 hnJ:j'.ix shall be payable from the revenue sharing trust f u n d: Provided, That the inpatient rate under such contracts shall not exceed $76 per diem and the outpatient rate shall not exceed $12 per visit except for services provided to patients who are eligible for such services under the District of Columbia plan for medical assistance under title X IX of the Social Security Act, and the inpatient rate (excluding the proportion- 42 USC 1396. ate share for repairs and construction) for services rendered by Saint Elizabeths Hospital for patient care shall be at the per diem rate established pursuant to 24 U.S.C. 168a: Provided further, That total reimbursements to Saint Elizabeths Hospital, including funds from title X IX of the Social Security Act, shall not exceed $20,919,500: Provided further, That $15,504,700 of this appropriation shall be available for care and treatment of the mentally retarded at Forest Haven. For an additional amount for " Human resources", fiscal year 1978, $8,086,000.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/756

 92 STAT. 702

PUBLIC LAW 95-373—SEPT. 18, 1978 TRANSPORTATION

^' '^' -'^

Transportation, including rental of one passenger-carrying vehicle for use by the Mayor and purchase of forty-four passenger-carrying vehicles, of which two shall be for replacement only, $78,735,200, of which $6,262,300 shall be payable from the revenue sharing trust f u n d: Provided, That this appropriation shall not be available for the purchase of driver-training vehicles: Provided further, That $1,263,400 of this appropriation shall be available for the fiscal year 1977 Metrobus operating subsidy. For an additional amount for "Transportation", fiscal year 1978, $1,082,200: Provided further, That authorization is hereby provided to the government of the District of Columbia to fund the additional cost of snow and ice removal out of funds heretofore appropriated to such government for fiscal year 1978 for Washington Metropolitan Area Transit Authority but not to exceed $1,254,700. ENVIRONMENTAL SERVICES

Environmental services, $72,069,800, of which $1,500,000 shall be payable from the revenue sharing trust f u n d: Provided, That this appropriation shall not be available for collecting ashes or miscellaneous refuse from hotels and places of business or from apartment houses with four or more apartments, or from any building or connected group of buildings operating as a rooming or boarding house as defined in the housing regulations of the District of Columbia. For an additional amount for "Environmental services", fiscal year 1978, $1,030,400. PERSONAL SERVICES

For pay increases and related costs, to be transferred by the Mayor of the District of Columbia to the appropriations for the fiscal year 1979 from which employees are properly payable, $69,300,000. For an additional amount for "Personal services", fiscal year 1978, $7,000,000. SETTLEMENT OF CLAIMS AND S U I T S

For payment of property damage claims in excess of $1,500 and of personal injury claims in excess of $5,000, approved by the Mayor in accordance with the provisions of the Act of February 11, 1929, as D.C. Code 1-904. amended (45 Stat. 1160; 46 Stat. 500; 65 Stat. 131) and for payment to Robert J. Pierce, not to exceed $250,000, pursuant to provisions of District of Columbia law, $322,800. R E P A Y M E N T or

LOANS AND INTEREST

For reimbursement to the United States of funds loaned in compliance with sections 108, 217, and 402 of the Act of May 18, 1954 (68 D.C. Code Stat. 103, 109, and 110), as amended; section 9 of the Act of Septem43-1540 note, ber 7, 1957 (71 Stat. 619), as amended; section 1 of the Act of June 6, 43-1616 note, 1958 (72 Stat. 183), as amended; section 4 of the Act of June 12, 1960 rTr^r H ^'^^ Stat. 211), as amended; and section 723 of the District of Columbia 2 1727 Self-Government and Governmental Reorganization Act (Public Law D~r rodpQ-220 93-198), as amended, including interest as required thereby, Die: Code " • $120,400,000. 43-1623. For an additional amount for "Repayment of loans and interest", D.C. Code 9-220 for fiscal year 1978, $475,800. note and 47-241 note.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/757

 PUBLIC LAW 9 5 - 3 7 3 — S E P T. 18, 1978

92 STAT. 703

CAPITAL OUTLAY

For reimbursement to the United States of funds loaned in compliance with the Act of August 7, 1946 (60 Stat. 896), as amended, construction projects as authorized by the Acts of April 22, 1904 (33 Stat. 244), May 18, 1954 (68 Stat. 105, 110), July 2, 1954 (68 Stat. 443), June 6, 1958 (72 Stat. 183), August 20, 1958 (72 Stat. 686), and the Act of December 9, 1969 (83 Stat. 3 2 1); including acquisition of sites; preparation of plans and specijfications; conducting preliminary purveys; erection of structures, including building improvement and alteration and treatment of grounds; to remain available until expended, $77,215,000: Provided, That no funds in this Act shall be used for any purpose in connection with the Washington Civic Center until there is full compliance with the provisions of the plan mandated by the District of Columbia Appropriation Act, 1978, Public Law 95-288, approved June 5, 1978: Provided further, That $2,855,400 shall be available for construction services by the Director of the Department of General Services or by contract for architectural engineering services, as may be determined by the Mayor, and the funds for the use of the Director of the Department of General Services shall be advanced to the appropriation account "Construction Services, IV part m e n t of General Services": Provided, further. That the amount appropriated to the Construction Services F u n d, Department of General Services, be limited, during the current fiscal year, to ten per centum of appropriations for all construction projects, except for Project Numbered 24-99, Permanent Improvements, for which construction services shall be limited to twenty per centum of the appropriation: Provided further, Notwithstanding the foregoing, all authorizations for capital outlay projects, except those projects covered by the first sentence of section 23(a) of the Federal-Aid H i g h w a y Act of 1968 (Public Law 90-495, approved August 23, 1968), for which funds are provided by this paragraph, shall expire on September 30, 1980, except authorizations for projects as to which funds have been obligated in whole or in part prior to such date. Upon expiration of any such project authorization the funds provided herein for such project shall lapse.

D.C. Code 43-1510. D.C. Code 43-1604, 7-132, 7-133 note. D.C. Code 9-220. D.C. Code 40-804. D.C. Code 1-1443. Ante, p. 281.

D.C. Code 7-135 note.

GENERAL PROVISIONS—DISTRICT OF COLUMBIA SEC. 201. Except as otherwise provided in this title, all vouchers covering expenditures of appropriations contained in this title shall be audited before payment by the designated certifying official and the vouchers as approved shall be paid by checks issued by the designated disbursing official. SEC. 20S. Whenever in this title an amount is specified within an Funds, maximum appropriation for particular purposes or object of expenditure, such specified amount, unless otherwise specified, shall be considered as the maxi- amounts. mum amount which may be expended for said purpose or object rather than an amount set apart exclusively therefor. SEC. 203. Appropriations in this title shall be available, when authorized or approved by the Mayor, for allowances for privatelyowned conveyances used for the performance of official duties a t 13 cents per mile but not to exceed $45 a month for each automobile and at 8 cents per mile but not to exceed $30 a month for each motorcycle, unless otherwise therein specifically provided, except that one hundred and thirteen (eighteen for venereal disease investigators in the Department of Human Resources) such automobile allowances at not

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Page:United States Statutes at Large Volume 92 Part 1.djvu/758

 92 STAT. 704

D.C. Code 7-701 note. Refunds and judgments.

D.C. Code 47-1586J. Public assistance. D.C. Code 3-204 note. D.C. Code 3-204. 42 USC 3801 note. Fiscal year limitation. D.C. Code 40-501a note.

PUBLIC LAW 9 5 - 3 7 3 — S E P T. 18, 1978 more than $715 each per annum may be authorized or approved by the Mayor. SEC. 204. Appropriations in this title shall be available for expenses of travel and for the payment of dues of organizations concerned with the work of the District of Columbia government, when authorized by the Mayor. SEC. 205. Appropriations in this title shall not be used for or in connection with the preparation, issuance, publication, or enforcement of any regulation or order of the Public Service Commission requiring the installation of meters in taxicabs, or for or in connection with the licensing of any vehicle to be operated as a taxicab except for operation in accordance with such system of uniform zones and rates and regulations applicable thereto as shall have been prescribed by the Public Service Commission. SEC. 206. Appropriations in this title shall not be available for the payment of rates for electric current for street lighting in excess of two cents per kilowatt-hour for current consumed. SEC. 207. There are hereby appropriated from the applicable funds of the District of Columbia such sums as may be necessary for making refunds and for the payment of judgments which have been entered against the government of the District of Columbia: Provided, That no part of any funds so appropriated shall be used for the payment of any judgment entered by any court against the government of the District of Columbia requiring the payment for electric current for street lighting at a rate in excess of two cents per kilowatt-hour for current consumed: Provided, further. That nothing contained in this section shall be construed as modifying or affecting the provisions of paragraph 8, subsection (c) of section 11 of title X II of the District of Columbia Income and Franchise T a x Act of 1947, as amended. SEC. 208. Appropriations in this title shall be available for the payment of public assistance without reference to the requirement of subsection (b) of section 5 of the District of Columbia Public Assistance Act of 1962 and for the non-Federal share of funds necessary to qualifv for Federal assistance under the Act of July 31, 1968 (Public Law 90-445). SEC. 209. No part of any appropriation contained in this title shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. SEC. 210. No part of any funds appropriated by this title shall be used to pay the compensation (whether by contract or otherwise) of any individual for performing services as a chauffeur or driver for any designated officer or employee of the District of Columbia government (other than the Mayor, Chief of Police, and F i r e Chief), or for performing services as a chauffeur or driver of a motor vehicle assigned for the personal or individual use of any such officer or employee (other than the Mayor, Chief of Police, and F i r e Chief). ISTo part of any funds approprinted by this title, in excess of $1,000 per month in the aggregate ($12,000 per annum) shall be used to p a y the compensation (whether by contract or otherwise) of individuals for performing services as a chauffeur or driver for the Mayor, or for performing services as a chauffeur or driver of a motor vehicle assigned for the personal or individual use of the Mayor. SEC. 211. Not to exceed 41/2 per centum of the total of all funds appropriated by this title for personal compensation may be used to pay the cost of overtime or temporary positions. SEC. 212. The total expenditure of funds appropriated by this title for authorized travel and per diem costs outside the District of Columbia, Maryland, and Virginia shall not exceed $225,000.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/759

 PUBLIC LAW 9 5 - 3 7 3 — S E P T. 18, 1978 SEC. 213. Appropriations in this title shall not be available, during^ the fiscal year ending September 30, 1979, for the compensation of any person appointed— (1) as a full-time employee to a permanent, authorized position in the government of the District of Columbia during any month when the number of such employees is greater than 37,161: Provided, That — (A) positions within this city employment limitation shall be set aside as the maximum number of permanent, authorized employees as follows: Public Schools, 9,703; reimbursable positions, 406; capital outlay positions, 821; District of Columbia General Hospital, 2,275; and (B) the District of Columbia Public Schools and the District of Columbia General Hospital shall not exceed their respective employment limitations and are hereby required to report monthly to the Mayor, for the purpose of maintaining controls on city-wide employment, regarding the total number of current employees and the total number of separations and filling of positions within their respective employment limitations; or (2) as a temporary or part-time employee in the government of the District of Columbia during any month in which the number of such employees exceeds the number of such employees for the same month of the preceding fiscal year. SEC. 214. No funds appropriated in this title, for the government of the District of Columbia for the operation of educational institutions, the compensation of personnel, or for other educational purposes may be used to permit, encourage, facilitate, or further partisan political activities. Nothing herein is intended to prohibit the availability of school buildings for the use of any community group during non-school hours. SEC. 215. Appropriations in this title shall be available for services as authorized by 5 U.S.C. 3109, at rates to be fixed by the Mayor. SEC. 216. The annual budget for the District of Columbia government for fiscal year 1980 shall be transmitted to the Congress by not later than February 1, 1979. SEC. 217. There are hereby appropriated from the applicable funds of the District of Columbia such sums as may be necessary for making payments authorized by the District of Columbia Revenue Recovery Act of 1977, D.C. Law 2-20, approved September 23, 1977. SEC. 218. None of the funds contained in this Act shall be made available to pay the salary of any employee of the government of the District of Columbia whose name and salary are not available for public inspection. SEC. 219. No part of this appropriation shall be used for publicity or p r o p a g and a purposes or implementation of any policy including boycott designed to support or defeat legislation pending before Congress or any State legislature. SEC. 220. (a) No funds appropriated by this Act shall be available to pay any part of the salary of any employee of the government of the District of Columbia, or any department, agency, office, or other entity thereof, if any part of such employee's salary is paid from funds appropriated pursuant to the authority of the Comprehensive Employment and T r a i n i n g Act of 1973 (or successor statute), and the annual salary of such employee is in excess of that paid for the position of G S - 9, step 1, under the General Schedule, under section 5332 of title 5, United States Code.

92 STAT. 705 D.C. Code 1-216 note.

Experts and consultants. Budget, transmittal to Congress.

D.C. Code 47-331 note.

29 USC 801 note. 3 CFR, 1977 Comp., p. 142. 5 USC 5332 note.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/760

 92 STAT. 706

PUBLIC LAW 95-373—SEPT. 18, 1978

Effective date.

(b) Subsection (a) of this section shall take effect upon the expiration of the ninety-day period following the date of the enactment of this Act. SEC. 221. (a) No funds appropriated by this Act shall be available to pay any part of the salary of an employee of the government of the District of Columbia, or any department, agency, office, or other entity thereof, if any part of such employee's salary is paid from funds appropriated pursuant to the authority of the Comprehensive Employ29 USC 801 note, ment and Traming Act of 1973 (or successor statute), and has been so paid for an aggregate period of at least twenty-four calendar months. Effective date. (b) Subsection (a) of this section shall take effect upon the expiration of the ninety-day period following the date of the enactment of this Act. SEC, 222. (a) No funds appropriated by this Act shall be available to paj any part of the salary or any employee of the Council of the District of Columbia, or committee or subcommittee thereof, or any employee of any elected official of the government of the District of Columbia, if any part of the salary of any such employee is paid from funds appropriated pursuant to the authority of the Comprehensive 29use801 note. Employment and Training Act of 1973 (or successor statute). Effective date. (b) Subsection (a) of this section shall take effect upon the expiration of the ninety-day period following the date of the enactment of this Act. SEC. 223. No funds appropriated by this Act shall be available to pay any part of the salary of any individual hereafter employed by any department, agency, office, or other entity of the government of the District of Columbia, having ten or more employees, if, at the time of such employment, any part of the salary of more than ten per centum of the employees of such department, agency, office, or entity is paid partly from funds appropriated pursuant to the authority of the Comprehensive Employment and Training Act of 1973 (or suc29 USC 801 note, cessor statute), and partly from funds of the District of Columbia. SEC. 224. Notwithstanding any other provision of this Act, the provisions of sections 220, 221, 222, and 223 of this Act shall be deemed repealed upon the date of the enactment of the Act entitled "An Act to amend the Comprehensive Employment and Training Act of 1973, to provide improved employment and training services, to extend the authorization, and for other purposes", or similar le^slation. Short title. This Act may be cited as the "District of Columbia Appropriation Act, 1979". Approved September 18, 1978.

LEGISLATIVE HISTORY: HOUSE REPORTS No. 95-1351 (Comm. on Appropriations) and No. 95-1500 (Comm. of Conference). SENATE REPORT No. 95-1076 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 124 (1978)r July 21, considered and passed House. Aug. 14. considered and passed Senate, amended. Aug. 17, House and Senate agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 14, No. 38: Sept. 18, Presidential statement.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/761

 PUBLIC LAW 95-374—SEPT. 18, 1978

92 STAT. 707

Public Law 95-374 95th Congress An Act Making appropriations for military construction for the Department of Defense for the fiscal year ending September 30, 1979, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 1979, for military construction functions administered by the Department of Defense, and for other purposes, namely:

Sept. 18. 1978 [H.R. 12927]

Military Construction Appropriation Act, 1979.

MILITARY CONSTRUCTION, ARMY

For acquisition, construction, installation, and equipment of temporary or permanent public works, military installations, and facilities for the Army as currently authorized in military public works or military construction Acts, and in sections 2673, 2674, and 2675 of title 10, United States Code, $711,509,000, to remain available until September 30, 1983: Provided, That of this amount, not to exceed $64,400,000 shall be available for study, planning, design, architect and engineer services, as authorized by law, unless the Secretary of Defense determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations for both Houses of Congress of his determination and the reasons therefor.

Notification to congressional committees.

MILITARY CONSTRUCTION, NAVY

For acquisition, construction, installation, and equipment of temporary or permanent public works, naval installations, and facilities for the Navy as currently authorized in military public works or military construction Acts, and in sections 2673, 2674, and 2675 of title 10, United States Code, including personnel in the Naval Facilities Engineering Command and other personal services necessary for the purposes of this appropriation, $760,145,000, to remain available until September 30, 1983: Provided, That of this amount, not to exceed $46,300,000 shall be available for study, planning, design, architect and engineer services, as authorized by law, unless the Secretary of Defense determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of his determination and the reasons therefor.

Notification to congressional committees.

MILITARY CONSTRUCTION, AIR FORCE

For acquisition, construction, installation, and equipment of temporary or permanent public works, military installations, and facilities for the Air Force as currently authorized in military public works or military construction Acts, and in sections 2673, 2674, and 2675 of title 10, United States Code, $483,264,000, to remain available until September 30, 1983: Provided, That of this amount, not to exceed $52,000,000 shall be available for study, planning, design, architect and engineer services, as authorized by law, unless the Secretary of Defense determines that additional obligations are necessary for such purposes

Notification to congressional committees.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/762

 92 STAT. 708

PUBLIC LAW 9 5 - 3 7 4 — S E P T. 18, 1978 and notifies the Committees on Appropriations of both Houses of Congress of his determination and the reasons therefor. MILITARY CONSTRUCTION, D E F E N S E AGENCIES (INCLUDING TRANSFER OF FUNDS)

Notification to congressional committees.

For acquisition, construction, installation, and equipment of temporary or permanent public works, installations, and facilities for activities and agencies of the Department of Defense (other than the military departments and the Defense Civil Preparedness Agency), as currently authorized in military public works or military construction Acts, and in sections 2673, 2674, and 2675 of title 10, United States Code, $194,880,000, to remain available until September 30, 1983; and, in addition, not to exceed $20,000,000 to be derived by transfer from the appropriation "Research, development, test, and evaluation. Defense Agencies" as determined by the Secretary of Defense: Provided, That such amounts of this appropriation as may be determined by the Secretary of Defense may be transferred to such appropriations of the Department of Defense available for military construction as he may designate: Provided further, That of the amount appropriated, not to exceed $9,400,000 shall be available for study, planning, design, architect and engineer services, as authorized by law, unless the Secretary of Defense determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of his determination and the reasons therefor. MILITARY CONSTRUCTION, A R M Y NATIONAL GUARD

10 USC 2231 et seq.

For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Army National G u a r d as authorized by chapter 133 of title 10, United States Code, as amended, and the Reserve Forces Facilities Acts, $52,200,000, to remain available until September 30, 1983. MILITARY CONSTRUCTION, A I R NATIONAL GUARD

For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the t r a i n i n g and administration of the A i r National Guard, and contributions therefor, as authorized by chapter 133 of title 10, United States Code, as amended, and the Reserve Forces Facilities Acts, $44,750,000, to remain available until September 30, 1983. MILITARY CONSTRUCTION, A R M Y RESERVE

For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the t r a i n i n g and administration of the Army Reserve as authorized by chapter 133 of title 10, United States Code, as amended, and the Reserve Forces Facilities Acts, $37,100,000, to remain available until September 30, 1983. MILITARY CONSTRUCTION, NAVAL RESERVE

For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the t r a i n i n g and administration of the reserve components of the Navy and Marine Corps as authorized by chapter 133 of title 10, United States Code, as amended, and the Reserve Forces Facilities Acts, $21,850,000, to remain available until September 30, 1983.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/763

 PUBLIC LAW 95-374—SEPT. 18, 1978

92 STAT. 709

MILITARY CONSTRUCTION', AIR FORCE RESERVE

For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Air Force Reserve as authorized by chapter 133 of title 10, United States Code, as amended, and the Reserve Forces Facilities Acts, $13,000,000, 10 USC 2231 et to remain available until September 30, 1983. FAMILY HOUSING, DEFENSE

For expenses of family housing for the Army, Navy, Marine Corps, Air Force, and Defense agencies, for construction, including acquisi^, ^, tion, replacement, addition, expansion, extension and alteration and „ for operation, maintenance, and debt payment, including leasing, minor construction, principal and interest charges, and insurance premiums, as authorized by law, $1,679,865,000, to be obligated and expended in the Family Housing Management Account established pursuant to section 501(a) of Public Law 87-554, in not to exceed 76 Stat. 236. the following amounts: For the Army: Construction, $60,560,000; For the Navy and Marine Corps: Construction, $33,446,000; ,..,ji.,,,, For the Air Force: u Construction, $35,335,000; For Defense agencies: Construction, $3,024,000; For Department of Defense: Debt payment, $148,100,000; Operation, maintenance, $1,399,400,000; Provided, That the amounts provided under this head for construe- >^,.,,,... jv.<: • tion, and for debt payment, shall remain available until September 30, ^ 1983: Provided further, That of the amounts appropriated for operation and maintenance, not less than $635,000,000 shall be available only for the maintenance of real property facilities. HOMEOWNERS ASSISTANCE FUND, DEFENSE

For use in the Homeowners Assistance Fund established pursuant to section 1013(d) of the Demonstration Cities and Metropolitan Development Act of 1966 (Public Law 89-754, as amended), $1,500,000. 42 USC 3374. GENERAL PROVISIONS

SEC. 101. Funds appropriated to the Department of Defense for con- Prior struction in prior years are hereby made available for construction appropriations. authorized for each such department by the authorizations enacted into law during the second session of the Ninety-fifth Congress. SEC. 102. None of the funds appropriated in this Act shall be Contracts expended for payments under a cost-plus-a-fixed-fee contract for work, where cost estimates exceed $25,000, to be performed within the United States, except Alaska, without the specific approval in writing of the Secretary of Defense setting forth the reasons therefor. SEC. 103. None of the funds appropriated in this Act shall be Construction expended for additional costs involved in expediting construction costs, expedition. unless the Secretary of Defense certifies such costs to be necessary to protect the national interest and establishes a reasonable completion

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Page:United States Statutes at Large Volume 92 Part 1.djvu/764

 92 STAT. 710

PUBLIC LAW 95-374—SEPT. 18, 1978

date for each project, taking into consideration the urgency of the requirement, the type and location of the project, the climatic and seasonal conditions affecting the construction, and the application of economical construction practices. Service facilities. SEC. 104. None of the funds appropriated in this Act shall be used for the construction, replacement, or reactivation of any bakery, laundry, or drycleaning facility in the United States, its territories, or possessions, as to which the Secretary of Defense does not certify, in writing, giving his reasons therefor, that the services to be furnished by such facilities are not obtainable from commercial sources at reasonable rates. Motor vehicles, SEC. 105. Funds herein appropriated to the Department of Defense hire. for construction shall be available for hire of passenger motor vehicles. 31 USC 638f. SEC. 106. Funds appropriated to the Department of Defense for conAccess roads, struction may be used for advances to the Federal Highway Adminisconstruction. tration, Department of Transportation, for the construction of access 31 USC 700b. roads as authorized by section 210 of title 23, United States Code, when New bases. projects authorized therein are certified as important to the national defense by the Secretary of Defense. SEC. 107. None of the funds appropriated in this Act may be used to begin construction of new bases inside the continental United States for which specific appropriations have not been made. Land purchases SEC. 108. No part of the funds provided in this Act shall be used for or easements. purchase of land or land easements in excess of 100 per centum of the value as determined by the Corps of Engineers or the Naval Facilities Engineering Command, except: (a) where there is a determination of value by a Federal court, or (b) purchases negotiated by the Attorney General or his designee, or (c) where the estimated value is less than $25,000, or (d) as otherwise determined by the Secretary of Defense to be in the public interest. Foreign projects. SEC. 109. None of the funds appropriated in this Act may be used to make payments under contracts for any project in a foreign country unless the Secretary of Defense or his designee, after consultation with the Secretary of the Treasury or his designee, certifies to the Congress that the use, by purchase from the Treasury, of currencies of such country acquired pursuant to law is not feasible for the purpose, stating the reason therefor. Family housing SEC. 110. None of the funds appropriated in this Act shall be used limitations. to (1) acquire land, (2) provide for site preparation, or (3) install utilities for any family housing, except housing for which funds have been made available in annual military construction appropriation Acts. SEC. 111. Appropriations heretofore made available for Military construction, Army; Military construction, Navy; Military construction. Air Force; Military construction. Defense Agencies; Military construction. Army National Guard; Military construction. Air National Guard; Military construction. Army Reserve; Military construction. Naval Reserve; and Military construction. Air Force Reserve, shall not be available for obligation after September 30, 1983. Each such appropriation shall be merged with and shall be available for the same time period as appropriations made in this Act under the same head. Notification to SEC. 112. None of the funds appropriated in this Act for minor Committee on construction may be used to transfer or relocate any activity from one Appropriations. j^^se or installation to another, without prior notification to the Committee on Appropriations.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/765

 PUBLIC LAW 95-374—SEPT. 18, 1978 SEC. 113. None of the funds appropriated or otherwise made available under this Act shall be obligated or expended in connection with any base realignment or closure activity, until all terms, conditions and requirements of the National Environmental Policy Act have been complied with, with respect to each sudh activity. This Act may be cited as the "Military Construction Appropriation Act, 1979".

92 STAT. 711 Base realignment or closure activities, Short title.

Approved September 18, 1978.

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LEGISLATIVE HISTORY: HOUSE REPORTS No. 95-1246 (Comm. on Appropriations) and No. 95-1495 (Comm. of Conference). SENATE REPORT No. 95-1019 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 124 (1978): June 16, considered and passed House. Aug. 3, considered and passed Senate, amended. Aug. 17, House agreed to conference report; receded from its disagreement and concurred in Senate amendment No. 21; concurred in other Senate amendments with amendments. Aug. 21, Senate agreed to conference report; concurred in House amendments.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/766

 92 STAT. 712

PUBLIC LAW 9 5 - 3 7 5 — S E P T. 18, 1978

Public Law 95-375 95th Congress An Act Sept. 18, 1978 [S. 1633]

To provide for the extension of certain Federal benefits, services, and assistance to the Pascua Yaqui Indians of Arizona, and for other purposes.

Be it enacted by the Senate and House of Representatives of the Pascua Yaqui United States of America in Congress assembled, That (a) the Pascua Indians, Ariz., Yaqui Indian people who are members of the Pascua Yaqui Associaextension of tion, Incorporated, an Arizona corporation, or who hereafter become Federal benefits. members of the Pascua Yaqui Tribe in accordance with section 3 of 25 USC 1300f. this Act, are recognized as, and declared to be, eligible, on and after the date of the enactment of this Act, for the services and assistance provided to Indians because of their status as Indians by or through any department, agency, or instrumentality of the United States, or under any statute of the United States. For the purposes of section 2 of the Act of August 16, 1957 (71 Stat. 371; 42 U.S.C. 2005a), the Pascua Yaqui Indians are to be considered as if they were being provided hospital and medical care by or at the expense of the Public Health Service on August 16, 1957. 25 USC 461 et (b) The provisions of the Act of June 18, 1934 (48 Stat. 484), as seq. amended, are extended to such members described in subsection (a). (c) The Secretary of the Interior is directed, upon request of the Pascua Yaqui Association, Incorporated, and without monetary consideration, to accept on behalf of the United States and in trust iov the Pascua Yaqui Tribe, the title to the real property conveyed by the United States to such association under the Act of October 8, 1964 (78 Stat. 1197), and such lands shall be held as Indian lands are h e l d: Provided, That the State of Arizona shall exercise criminal and civil jurisdiction over such lands as if it had assumed jurisdiction pursuant to the Act of August 15, 1953 (67 Stat. 588), as amended by the Act of 25 USC 1323. April 11, 1968 (82 Stat. 79). Repeal. (d) Section 4 of the Act of October 8, 1964 (78 Stat. 1197), is hereby repealed. 25 USC 1300f-l. SEC. 2. W i t h i n t h i r t y months after the date of enactment of this Act, the Pascua Yaqui Tribe shall adopt a constitution and bylaws or Publication in other governing documents and a membership roll. The Secretary of Federal Register. the Interior shall review such documents to insure that they comply with the provisions of this Act and shall publish such documents and membership roll in the Federal Register. Publication of such roll shall not affect or delay the immediate eligibility of the members of the Association under section 1 of this Act. SEC. 3. For the purposes of section 1 of this Act, membership of 25 USC 1300f-2. the Pascua Yaqui Tribe shall consist of— (A) the members of the Pascua Yaqui Association, Incorporated, as of the date of the enactment of this Act, who apply for enrollment in the Pascua Yaqui Tribe within one year from the date of enactment of this Act pursuant to the membership criteria and procedures provided for in the official governing documents of the Pascua Yaqui T r i b e;

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Page:United States Statutes at Large Volume 92 Part 1.djvu/767

 PUBLIC LAW 95-375—SEPT. 18, 1978

92 STAT. 713

(B) all those persons of Yaqui blood who are citizens of the United States and who, within two years from the date of enactment of this Act, apply for, and are admitted to, membership in the Association pursuant to article VII of the Articles of Incorporation of the Association; and (C) direct lineal descendants of such persons, subject to any further qualifications as may be provided by the Tribe in its constitution and bylaws or other governing documents. Approved September 18, 1978.

LEGISLATIVE HISTORY: HOUSE REPORTS No. 95-1021 accompanying H.R. 6612 (Coram, on Interior and Insular Affairs) and No. 95-1339 (Coram, of Conference). SENATE REPORT No. 95-719 (Comra. on Indian Affairs). CONGRESSIONAL RECORD, Vol. 124 (1978): Apr. 5, considered and passed Senate. Apr. 17, H.R. 6612 considered and passed House; passage vacated and S. 1633, amended, passed in lieu. May 2, Senate disagreed to House araendment. Aug. 16, House agreed to conference report. Aug. 25, Senate agreed to conference report.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/768

 92 STAT. 714

PUBLIC LAW 95-376—SEPT. 18, 1978

Public Law 95-376 95th Congress An Act Sept. 18. 1978 [H.R. 10878] Fishermen's Protective Act of 1967, amendments. Voluntary insurance program, extension. Certification to President.

Notification to Congress.

Regulations.

To extend until October 1, 1981, the voluntary insurance program provided by section 7 of the Fishermen's Protective Act of 1967, and for other purposes.

Be it enacted by the Seriate and House of Representatives of the United States of America in Congress assembled, That section 7(e) of the Fishermen's Protective Act of 1967 (22 U.S.C. 1977(e)), is amended by striking out "October 1, 1978" and inserting in lieu thereof "October 1, 1981; except that payments may be made under this section only to such extent and in such amounts as are provided in advance in appropriation Acts". SEC. 2. Section 8 of the Fishermen's Protective Act of 1967 (22 U.S.C. 1978) is amended— (1) by amending subsection (a) thereof— (A) by inserting " (1) " immediately before "When", and (B) by striking out the last sentence and inserting in lieu thereof the following: "(2) When the Secretary of Commerce or the Secretary of the Interior finds that nationals of a foreign country, directly or indirectly, are engaging in trade or taking which diminishes the effectiveness of any international program for endangered or threatened species, the Secretary making such finding shall certify such fact to the President. "(3) Upon receipt of any certification made under paragraph (1) or (2), the President may direct the Secretary of the Treasury to prohibit the bringing or the importation into the United States of fish products (if the certification is made under paragraph (1)) or wildlife products (if the certification is made under paragraph (2)) from the offending country for such duration as the President determines appropriate and to the extent that such prohibition is sanctioned by the General Agreement on Tariffs and Trade."; (2) by amending subsection (b) — (A) by inserting "or the Secretary of the Interior" immediately after "Secretary of Commerce", and (B) by inserting "or wildlife products" immediately after "fish products" each place it appears therein; (3) by amending subsection (c) by inserting "or wildlife products" immediately after "fish products"; (4) by amending subsection (d)(2) by inserting "and wildlife products" immediately after "fish products"; (5) by amending subsection (e) — (A) by inserting "and wildlife products" immediately after "fish products" in paragraph (1) and the first sentence of . paragraph (5), " '' (B) by inserting "or other conveyance" immediately after "vessel" in paragraph (4)(B), and (C) by striking out "Any fish products" in the second sentence of paragraph (5) and inserting in lieu thereof "Fish products and wildlife products"; (6) by amending subsection (f) by striking out "is" and inserting in lieu thereof ", the Secretary of Commerce, and the Secretary of the Interior are each";

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Page:United States Statutes at Large Volume 92 Part 1.djvu/769

 PUBLIC LAW 95-376—SEPT. 18, 1978 (7) by amending subsection (g)— (A) by striking out "in force" in paragraph (3) and inserting in lieu thereof "in effect", (B) by striking out "to which the United States is a signatory party," and inserting in lieu thereof "which is in force with respect to the United States,", and (C) by adding at the end thereof the following: "(5) The term 'international program for endangered or threatened species' means any ban, restriction, regulation, or other measure in effect pursuant to a multilateral agreement which is in force with respect to the United States, the purpose of which is to protect endangered or threatened species of animals. "(6) The term 'wildlife products' means fish (other than those to which paragraph (4) applies) and wild animals, and parts (including eggs) thereof, taken within an offending country and all products of any such fish and wild animals, or parts thereof, whether or not such products are packed, processed, or otherwise prepared for export in such country or within the jurisdiction thereof. Such term does not include any wild animal or fish if brought or imported into the United States for scientific research. "(T) The term 'taking' means— "(A) for purposes of subsection (a)(2) — "(i) to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or " (ii) to attempt to engage in any such conduct with respect to, animals to which an international program for endangered or threatened species applies; and "(B) for pilrposes of paragraph (6), any conduct described in subparagraph (A)(i), whether or not such conduct is legal under the laws of the offending country, undertaken with respect to any wild animal.". SEC. 3. (a) Section 10 of the Fishermen's Protective Act of 1967 (22 U.S.C. 1980) is amended to read as follows: "SEC. 10. (a) For purposes of this section— "(1) The terms 'fishery', 'fishery conservation zone', 'fishing', 'fishing vessel', 'Secretary', and 'vessel of the United States' shall each have the same respective meaning as is given to such terms in section 3 of the Fishery Conservation and Management Act of 1976 (16 U.S.C. 1802). • "(2) The term 'fishing gear' means any equipment or appurtenance which is necessary for the carrying out of fishing operations by a fishing vessel, whether or not such equipment or appurtenance is attached to sudh vessel. "(3) The term 'fund' means the Fishing Vessel and Gear Damage Compensation Fund established under subsection (f). "(b) Subject to the provisions of this section, the owner or operator (hereinafter referred to as the 'vessel owner') of any fishing vessel which is a vessel of the United States is eligible for monetary compensation under this section for any damage to, loss of, or destruction of such vessel, or any fishing gear used with such vessel, or both, if the damage, loss, or destruction— " (1) in the case of such vessel— "(A) occurs when such vessel is engaged in any fishery subject to the exclusive fishery management authority of the United States under the Fishery Conservation and Management Act of 1976, and

39-194 O—80—pt. 1

49: QL3

92 STAT. 715 Definitions.

Damages to fishing vessels and gear, compensation.

16 USC 1801 note.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/770

 92 STAT. 716 fvf|

Regulations.

Regulations. Application for compensation. Regulations.

Review.

PUBLIC LAW 95-376—SEPT. 18, 1978 "(B) is attributable to any vessel (or its crew or fishing -'; gear) other than a vessel of the United States; or " (2) in the case of such fishing gear— " (A) occurs when such fishing gear is being used for fishing t' in any fishery subject to such exclusive management authority, and "(B) is attributable to (i) any other vessel, whether such vessel is a vessel of the United States, or (ii) an act of God. "(c) A vessel owner is not eligible for compensation under this section with respect to fishing vessel or fishing gear damage, loss, or destniction unless such owner— " (1) makes application to the Secretary for compensation under this section within sixty days after the day on which the damage, loss, or destruction occurred or was first noticed by the owner; "(2) pays upon making such application a reasonable administrative fee which the Secretary shall deposit into the fund; "(3) has, in such form as the Secretary shall prescribe by regulation, a current inventory or other evidence of possession of the fishery vessel or fishing gear concerned; "(4) has complied with all applicable regulations, if any, relating to the marking of, and (if appropriate) the notification of the location of, the fishing gear concerned; and "(5) is in compliance with such other regulations as may be prescribed by the Secretary to carry out this section. "(d)(1) Application for compensation under this section shall be made in such form and manner, and include such documentation and other evidence relating to the cause and extent of the damage, loss, or destruction claimed, as the Secretary shall prescribe by regulation. The Secretary shall promptly, but not later than sixty days after receipt of an application, consider, and issue an initial determination with respect to, the application. "(2) The amount of compensation awarded to any vessel owner under this section shall be— "(A) determined on the basis of the depreciated replacement cost, or the repair cost, whichever cost is less, of the fishing vessel or fishing gear concerned; "(B) proportionally reduced to the extent that evidence indicates that negligence by the vessel owner contributed to the cause or extent of the damage, loss, or destruction; and "(C) reduced by the amount of compensation, if any, which the vessel owner has received or will receive with respect to the damage, loss, or destruction through insurance, pursuant to any other provision of law, or otherwise. "(3) The initial determination made by the Secretary under paragraph (1) with respect to any application shall— "(A) if the application is disapproved, set forth the reasons therefor; or "(B) if the application is approved, set forth the amount of compensation to which the applicant is entitled and the basis on which such amount was determined. "(4) Any vessel owner who is aggrieved by any decision of the Secretary contained in the initial determination of the Secretary regarding such owner's application may, within thirty days after the date of issue of the initial determination, petition the Secretary for a review of the decision. If petition for review is not made to "the Secretary within such thirty-day period regarding the initial determination, the initial determination shall be deemed to be the final determination on

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Page:United States Statutes at Large Volume 92 Part 1.djvu/771

 PUBLIC LAW 95-376—SEPT. 18, 1978

92 STAT. 717

the application. Before undertaking any such review, the Secretary shall provide to the vessel owner opportunity to submit additional written or oral evidence relating to the decision. After review the Secretary shall issue a final determination with respect to the application. "(5) If compensation is awarded under the final determination on any application, the Secretary shall promptly pay from the fund to such owner the amount of compensation stated in the final determination. Upon the acceptance of such payment by the vessel owner, the United States shall be subrogated to all rights of the vessel owner with respect to which the payment is made. "(e) In addition to any fee imposed under section 204(b) (10) of the Fishery Conservation and Management Act of 1976 (16 U.S.C. 1824(b) (10)) with respect to any foreign fishing vessel for any year after 1978, the Secretary shall impose a surcharge in an amount not to exceed 20 percent of the amount of the fee imposed under such section for such year. The failure to pay any surcharge imposed under this subsection with respect to any foreign fishing vessel shall be treated by the Secretary as a failure to pay the fee for such vessel under such section 204(b) (10). "(f)(1) There is established in the Treasury of the United States Fishing Vessel the Fishing Vessel and Gear Damage Compensation Fund. The fund and Gear Damage shall be available without fiscal year limitation as a revolving fund Compensation for the purposes of administering, and paying compensation awarded Fund. Establishment. under, this section. " (2) The fund shall consist of— " (A) all sums recovered by the United States in the exercise of rights subrogated to it under subsection (d)(5); "(B) all administrative fees collected under subsection (c)(2); "(C) all surcharges collected under subsection (e); "(D) revenues received from deposits or investments made under the last sentence of this paragraph; and " (E) any revenue acquired through the issuance of obligations under paragraph (3). Sums may be expended from the fund only to such extent and in such amounts as are provided in advance in appropriation Acts. Sums in the fund which are not currently needed for the purpose of paying such awards shall be kept on deposit or invested in obligations of, or guaranteed by. the United States. "(3) Whenever the amount in the fund is not sufficient to pay compensation under this section, the Secretary may issue, in an amount not to exceed $5,000,000, notes or other olbligations to the Secretary of the Treasury, in such forms and denominations, bearing such maturities, and subject to such terms and conditions as the Secretary of the Treasury may prescribe. Such notices or other obligations shall bear interest at a rate to be determined by the Secretary of the Treasury on the basis of the current average market yield on outstanding marketable obligations of the United States of comparable maturities during the month preceding the issuance of such notices or other obligations. Moneys obtained by the Secretary under this paragraph shall be deposited in the fund and redemptions of any such notices or other obligations shall be made from the fund. The Secretary of the Treasury shall purchase any such notes or other obligations, and for such purpose he may use as a public debt transaction the proceeds from the sale of any securities issued under the Second Liberty Bond Act. The Secre- 31 USC 774. tary of the Treasury may sell any such notices or other obligations at such times and prices and upon such terms and conditions as he shall determine. All purchases, redemptions, and sales of sudh notes or other

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Page:United States Statutes at Large Volume 92 Part 1.djvu/772

 92 STAT. 718

Penalty.

Effective date. 22 USC 1980 note. 22 USC 1980 note.

22 USC 1980.

PUBLIC LAW 95-376—SEPT. 18, 1978 obligations by the Secretary of the Treasury shall be treated as public debt transactions of the United States. AH borrowing authority contained herein shall be effective only to such extent or in such amounts as are provided in advance in appropriation Acts. "(g) Any person who willfully makes any false or misleading statement or representation for the purpose of obtaining compensation under this section is guilty of a criminal offense and, upon conviction thereof, shall be punished by a fine of not more than $25,000, or by imprisonment for not more than one year, or both.". (b) The amendment made by subsection (a) shall take effect January 1, 1979. (c) Nothing in the amendment made by subsection (a) shall be construed as affecting in any manner or to any extent any loan made under section 10 of the Fishermen's Protective Act of 1967 (as in effect before January 1, 1979), and, for purposes of the consideration by the Secretary of Commerce of any application for a loan under such section which was filed, but not acted on, before January 1, 1979, the amendment made by subsection (a) shall not be deemed to have been enacted. Approved September 18, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1029 (Comm. on Merchant Marine and Fisheries). SENATE REPORT No. 95-816 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD, Vol 124 (1978): Apr. 10, considered and passed House. May 22, considered and passed Senate, amended. Aug. 10, House concurred in Senate amendments with amendments. Aug. 17, Senate concurred in House amendments with an amendment; House concurred in Senate amendments.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/773

 PUBLIC LAW 95-377—SEPT. 19, 1978

92 STAT. 719

Public Law 95-377 95th Congress An Act To amend the Act of August 29, 1974 (88 Stat. 795; 10 U.S.C. 8202 note), relating to the authorized numbers for the grades of lieutenant colonel and colonel in the Air Force and to authorize the President to suspend certain provisions of law when he determines that the needs of the Armed Forces so require, and for other purposes.

Be it enacted by the Seriate and House of Representatives of the United States of America in Congress assembled, That the Act of August 29, 1974 (88 Stat. 795; 10 U.S.C. 8202 note), is amended by striking out "through September 30, 1978" and inserting in lieu thereof "through September 30, 1979". SEC. 2. (a) For the period beginning on September 15, 1978, and ending on September 30, 1979, the President is authorized to suspend application of the following provisions of title 10, United States Code: (1) Section 5707(c). (2) Section 5751(a), (b), and (e). (3) Section 5770. (b) No suspension invoked by the President under authority of subsection (a) shall be effective after September 30, 1979. SEC. 3. Effective only for the period beginning September 15, 1978, and ending September 30, 1979— (1) Section 1201(3) of title 10, United States Code, is amended as follows: (A) striking out the word "or" at the end of subclause

«'

Sept. 19, 1978 [S. 3454]

Armed Forces. Air Force grade extension; certain provisions of law. ^^^P^^^^o"10 USC 5707 note.

(B) striking out the period at the end of subclause (B) (iii) and inserting in lieu thereof a semicolon and the word "or"; and (C) adding at the end of subclause (B) a new item as follows: " (iv) the disability was incurred in line of duty during the period beginning on September 15, 1978, and ending on September 30, 1979, except that the condition provided for in this item shall not be effective during such period unless the President determines that such condition should be effective during such period and issues an Executive order to that effect.". (2) Section 1203(4)(A) of such title is amended by— Separation. (A) striking out the word "or" at the end of item (i); (B) striking out the semicolon at the end of item (ii) and inserting in lieu thereof a comma and the following: "or (iii) incurred in line of duty during the period beginning on September 15, 1978, and ending on September 30, 1979, except that the condition provided for in this item shall not be effective during such period unless the President determines that such condition should be effective during such period and issues an Executive order to that effect;".

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Page:United States Statutes at Large Volume 92 Part 1.djvu/774

 92 STAT. 720

8 ~;.;...

10 USC 5787d.

.iwiji •*..

PUBLIC LAW 9 5 - 3 7 7 — S E P T. 19, 1978 (3) Section 1203(4)(C) of such title is amended by striking out "the proximate result of performing active duty nor incurred in line of duty in time of war or national emergency" and inserting in lieu thereof " (i) the proximate result of performing active duty, (ii) incurred in line of duty in time of war or national emergency, nor (iii) incurred in line of duty during the period beginning on September 15, 1978, and ending on September 30, 1979, except that the condition provided for in this item shall not be effective during such period unless the President determines that such condition should be effective during such period and issues an Executive order to that effective". SEC. 4. (a) Chapter 545 of title 10, United States Code, is amended by inserting after section 5787c a new section as follows: "§ 5787d. Navy lieutenants: temporary promotion " (a) Line officers not restricted in the performance of duty in the grade of lieutenant, possessing skills in a critical shortage and serving in lieutenant commander billets requiring such skills, may be temporarily promoted to lieutenant commander under such regulations as the Secretary of the Navy may prescribe. Temporary appointment under this section shall be made by the President alone. " (b) Temporary appointments under this section do not change the permanent, probationary, or acting status of members so appointed, prejudice them in regard to other promotions or appointments, or abridge their rights or benefits. " (c) Temporary promotions under this section may be made only upon the recommendation of a board of officers convened for that purpose. I n addition to recommending officers for promotion, a board so convened shall make the report required by section 6384 of this title. " (d) E a c h temporary appointment under this section, unless expressly declined, is, without formal acceptance, regarded as accepted on the date made, and the member so appointed is entitled to the pay and allowances of the grade to which promoted from that date. " (e) Temporary appointments under this section will terminate upon an officer's detachment from a qualifying billet so designated by the Secretary of the Navy. W h e n an officer, whose name is on a promotion list as a result of selection to lieutenant commander other than under this section, is detached, an appointment will be issued to include the interim period between the subject officer's detachment from the qualifying billet and the date of promotion as a result of selection board action. " (f) W h e n his temporary appointment under this section is terminated or expires, each member of the naval service on active d u t y shall have the grade he would hold if he h a d not received any such appointment. " (g) No appointments may be made under this section after September 30, 1979.".

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Page:United States Statutes at Large Volume 92 Part 1.djvu/775

 PUBLIC LAW 95-377—SEPT. 19, 1978

92 STAT. 721

(b) The table of sections at the beginning of chapter 545 of such title is amended by inserting "5787d. Navy lieutenants: temporary promotion."

below "5787c. Navy and Marine Corps, warrant officers: temporary promotion.".

SEC. 5. Section 5504(d) of title 10, United States Code, is amended by inserting "or 5787d" after "5787". SEC. 6. (a) Section 5786(c) of title 10, United States Code, is amended by inserting "or 5787d" after "5787". (b) Section 5791(a) of such title is amended by inserting "and 5787d" after "5787". SEC. 7. Section 6325(b) of title 10, United States Code, is amended by inserting "or 5787d" after "5787". SEC. 8. (a) Section 6384(a) of title 10, United States Code, is amended by inserting "and each board of officers convened under section 5787d" after "under chapter 543". (b) Section 6385 of such title is amended by striking out "or 5787" and inserting in lieu thereof "5787, or 5787d". (c) The catchline of such section is amended by striking out "and 5787" and inserting in lieu thereof "5787, or 5787d". (d) The table of sections at the beginning of chapter 573 of such title is amended by striking out "and 5787" in the item relating to section 6385 and inserting in lieu thereof "5787, or 5787d". SEC. 9. Section 905(h) of title 37, United States Code, is amended by inserting "or 5787d" after "5787". SEC. 10. (a) Section 5703(a)(1) of title 10, United States Code, is amended to read as follows: "(1) A board to recommend brigadier generals for promotion to the grade of major general, consisting of nine officers serving in the grade of major general or above.". (b) The amendment made by subsection (a) shall be effective only 10 USC 5703 for the period beginning on September 15, 1978, and ending on Septem- note. ber 30, 1979. SEC. 11. (a) Section 5787c of title 10, United States Code, is amended to read as follows: "§ 5787c. Navy and Marine Corps; warrant officers and officers 10 USC 5787c. designated for limited duty: temporary promotion "(a) Warrant officers may be temporarily promoted to higher warrant officer grades under such regulations as the Secretary of the Navy may prescribe. "(b)(1) Officers designated for limited duty may be temporarily promoted to a higher grade under such regulations as the Secretary may prescribe. " (2) No promotion may be made under this subsection after September 30, 1979.".

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Page:United States Statutes at Large Volume 92 Part 1.djvu/776

 92 STAT. 722

PUBLIC LAW 95-377—SEPT. 19, 1978 (b) The table of sections at the beginning of chapter 545 of such title is amended by striking out the item relating to section 5787c and inserting in lieu thereof "5787c, Navy and Marine Corps; warrant oflScers and oflBicers designated for limited duty: temporary promotion.". Approved September 19, 1978.

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LEGISLATIVE HISTORY: SENATE REPORT No. 95-1144 (Coram, on Armed Services). CONGRESSIONAL RECORD, VoL 124 (1978): Sept. 7, considered and passed Senate. Sept. 12, considered and passed House.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/777

 PUBLIC LAW 95-378—SEPT. 22, 1978

92 STAT. 723

Public Law 95-378 95th Congress An Act .'

• >

To repeal chapter 27 of title 44, United States Code.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Federal Kecords Council is hereby abolished. SEC. 2. (a) Chapter 27 of title 44, United States Code, is repealed. (b) The table of chapters of title 44, United States Code, is amended by striking out the item pertaining to chapter 27. , «« 1.^-,o Approved September 22, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1407 (Comm. on Government Operations) SENATE REPORT No. 95-1160 (Comm. on Governmental Affairs). CONGRESSIONAL RECORD, Vol. 124 (1978): Aug. 7, considered and passed House. Sept. 11, considered and passed Senate.

Sept. 22, 1978 [H.R. 8112]

Federal Records Council, ^^°JfJr;^°J ^^^ Repeal 44 USC 2701.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/778

 92 STAT. 724

PUBLIC LAW 95-379—SEPT. 22, 1978

Public Law 95-379 95th Congress

V H, t. An Act

Sept. 22. 1978 [H.R. 12915]

National Archives Trust Fund Board, amendment.

TO amend section 2301 of title 44, relating to the National Archives Trust Fund Board.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the first sentence of section 2301 of title 44, United States Code, is amended to read ^s follows: "The National Archives Trust Fund Board shall consist of the Archivist of the United States, as Chairman, and the Secretary of the Treasury and the Chairman of the National Endowment for the Humanities."'. ,,. .„„,..,„,„„. Approved September 22, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1408 (Coram, on Governraent Operations). SENATE REPORT No. 95-1161 (Coram, on Governraental Affairs). CONGRESSIONAL RECORD, Vol. 124 (1978): Aug. 7, considered and passed House. h-.10 Sept. 11, considered and passed Senate.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/779

 PUBLIC LAW 95-380—SEPT. 22, 1978

92 STAT. 725

Public Law 95-380 95th Congress An Act To authorize the issuance of substitute Treasury checks without undertakings of indemnity, except as the Secretary of the Treasury may require.

Sept. 22, 1978 [H.R. 13087]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subsection (a) Substitute of section 3646 of the Revised Statutes of the United States, as Treasury checks amended (31 U.S.C. 528(a)), is further amended by striking out without "upon receipt and approval by the Secretary of the Treasury of an indemnity, authorization. undertaking to indemnify the United States, m such form and amount and with such surety, sureties or security, if any, as the Secretary of the Treasury may require;". SEC. 2. Subsection (b) of section 3646 of the Revised Statutes of Exceptions the United States, as amended (31 U.S.C. 528(b)), is further amended to read as follows: "(b) The Secretary of the Treasury, may, before issuance of a substitute check, require from the owner or holder of the check an undertaking to indemnify the United States, in the form and amount r'f<,:^«ys& and with the surety or security the Secretary believes necessary.". Approved September 22, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1320 (Coram, on Banking, Finance and Urban Affairs). SENATE REPORT No. 95-1176 (Comm. on Governmental Affairs). CONGRESSIONAL RECORD, Vol. 124 (1978): July 10, considered and passed House. Sept. 12, considered and passed Senate.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/780

 92 STAT. 726

PUBLIC LAW 95-381—SEPT. 22, 1978

Public Law 95-381 95th Congress Sept. 22, 1978 [S. 2928] International Investment Survey Act of 1976, amendment. 22 USC 3108. Appropriation authorization. Report to Congress. 22 USC 3103.

22 USC 3107.

Effective date. 22 USC 3108 note.

OBt.'-' An Act

To authorize appropriations for the fiscal year 1979 under the International Investment Survey Act of 1976, 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 9 of the International Investment Survey Act of 1976 (90 Stat. 2059) is amended to read as follows: "SEC. 9. To carry out this Act, there is authorized to be appropriated $4,000,000 for the fiscal year ending September 30, 1979.". SEC. 2. Section 4(d) of the International Investment Survey Act of 1976 is amended by striking out "his findings and conclusions" and all that follows through the end of the subsection and inserting in lieu thereof the following: "to the Congress an interim report of his findings and conclusions not later than two years after the date of enactment of this Act and a final report of such findings and conclusions not later than three years after such date of enactment.". SEC. 3. Section 8(b) of the International Investment Survey Act of 1976 is amended— (1) by striking out "It shall be the responsibility of the Council on International Economic Policy to" and inserting in lieu thereof "The President shall"; and (2) by striking out "Council's" and inserting in lieu thereof "President's". SEC. 4. The amendment made by the first section of this Act shall take effect on October 1, 1978. Approved September 22, 1978.

LEGISLATIVE HISTORY; HOUSE REPORT No. 95-1154 accompanying H.R. 12589 (Gomm. on International Relations). SENATE REPORT No. 95-^863 (Comm. on eommerce, Science, and Transportation). CONGRESSIONAL RECORD, Vol. 124 (1978): May 22, considered and passed Senate. June 28, considered and passed House, amended, in lieu of H.R. 12589. Sept. 7, Senate agreed to House amendments.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/781

 PUBLIC LAW 95-382—SEPT. 22, 1978

92 STAT. 727

Public Law 95-382 95th Congress An Act To amend title 5, United States Code, to provide that Japanese-Americans shall be allowed civil service retirement credit for time spent in World War II interment camps.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That (a) section 8332 of title 5, United States Code, relating to creditable service for civil service retirement purposes, is amended by adding at the end thereof the following new subsection: " (1)(1) Any employee or Member who— " (A) is of Japanese ancestry; and "(B) while a citizen of the United States or an alien lawfully admitted to the United States for permanent residence, was interned or otherwise detained at any time during World War II in any camp, installation, or other facility in the United States, or in any territory or possession of the United States, under any policy or program of the United States respecting individuals of Japanese ancestry which was established during World War II in the interests of national security pursuant to— "(i) Executive Order Numbered 9066, dated February 19, 1942; "(ii) section 67 of the Act entitled 'An Act to provide a government for the Territory of Hawaii', approved April 30, 1900 (chapter 339, Fifty-sixth Congress; 31 Stat. 153); "(iii) Executive Order Numbered 9489, dated October 18, 1944; "(iv) sections 4067 through 4070 of the Revised Statutes of the United States; or " (v) any other statute, rule, regulation, or order; shall be allowed credit (as civilian service) for any period during which such employee or Member was so interned or otherwise detained after such employee became 18 years of age. "(2) For the purpose of this subsection, 'World War II ' means the period beginning on December 7, 1941, and ending on December 31, 1946.". (b) Section 8334(g) of title 5, United States Code, relating to deposits, is amended—• (1) by striking out "or" at the end of paragraph (4); (2) by striking out the period at the end of paragraph (5) and inserting in lieu thereof "; or"; and (3) by adding at the end thereof the following new paragraph: "(6) any period for which credit is allowed under section 8332(1) of this title.". SEC. 2. (a) The amendments made by this Act shall take effect on the later of—• (1) the date of the enactment of this Act, or (2) October 1, 1978. (b) Subject to subsection (c) of this section, the amendments made by the first section of this Act shall apply with respect to annuities which commence before, on, or after the effective date of this Act, but

Sept. 22. 1978 [H.R. 9471]

JapaneseAmericans. Civil service retirement credit.

3CFR, 1938-1943 Comp., p. 1092.

3CFR, 1943-1948 Comp., p. 346. 50 USC 21-24.

'World War II.

Effective date. 5 USC 8332 note.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/782

 92 STAT. 728

j;^,,

PUBLIC LAW 95-382—SEPT. 22, 1978 no monetary benefit by reason of such amendments shall accrue for any period before such effective date. (c)(1) An annuity or survivor annuity based on the service of an employee or Member who performed service described in section 8332(1) of title 5, United States Code, as added by the first section of this Act, shall, upon application to the Civil Service Commission, be recomputed in accordance with such section 8332(1). (2) Any recomputation of an annuity under paragraph (1) shall apply with respect to months beginning more than 30 days after the date on which application for such recomputation is received in the Commission. (d)(1) The Civil Service Commission shall take such action as may be necessary and appropriate to inform individuals entitled to have any service credited under section 8332(1) of title 5, United States Code, as added by the first section of this Act, or to have any annuity recomputed under subsection (c), of their entitlement to such credit or recomputation. (2) The Civil Service Commission shall, on request, assist any individual referred to in paragraph (1) in obtaining from any department, agency, or other instrumentality of the United States such information possessed by such instrumentality as may be necessary to verify the entitlement of such individual to have any service credited under such section 8332(1) or to have any annuity recomputed under subsection (c). (3) Any department, agency, or other instrumentality of the United States which possesses any information with respect to the internment or other detention of any employee or Member as described in such section 8332(1) shall, at the request of the Commission, furnish such information to the Commission. Approved September 22, 1978.

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LEGISLATIVE HISTORY: HOUSE REPORT No. 95-789 (Coram, on Post Office and Civil Service). SENATE REPORT No. 95-1085 (Coram, on Governraental Affairs). CONGRESSIONAL RECORD, Vol. 124 (1978): Jan. 23, considered and passed House. Aug. 18, considered and passed Senate, amended. Sept. 11, House concurred in Senate araendment. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 14, No. 38: Sept. 22, Presidential stateraent.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/783

 PUBLIC LAW 95-383—SEPT. 22, 1978

Public Law 95-383 95th Congress

92 STAT. 729

An Act

To ameiKl the Bankruptcy Act to provide for uniform supervision and control of employees of referees in bankruptcy.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That paragraphs (2) and (3) of subdivision a of section 62 of the Bankruptcy Act (11 U.S.C. 102(a)(2) and (3)) are amended to read as follows: "(2) The actual and necessary office and other expenses of referees shall be authorized and approved by the Director, including compensation of clerical, stenographic, and other assistants of referees at rates fixed by the Director, at rates not less than the rates for comparable services prevailing in the respective offices of the clerks of the several district courts, and the costs of establishing and maintaining their offices with equipment and supplies, adequate for their efficient and economical operation, including mechanical equipment and devices and law libraries. Such expenses may be allowed when authorized by a judge of the judicial district or districts in which a referee serves in cases of emergency where it is not feasible to secure prior authorization of the Director. "(3) When, in the opinion of the Director, the public interest requires it. he may, on the recommendation of a referee, which recommendation shall state facts showing the necessity for the same, allow the referee to employ necessary clerical, stenographic, and other assistants. All employees of the referee shall be utilized under the direct supervision of the referee exclusively in the processing of bankruptcy cases. The referee may at his pleasure remove any assistant in his employ. The authority of the referee to employ, direct, and remove assistants'may not be exercised by anyone other than the referee. The Director may utilize funds collected or appropriated for the referees' salary fund and the referees' expense fund pursuant to section 40c of this Act, to pay the salaries of only such clerical, stenographic, or other assistants as are employed under the direct supervision of the referee in the office of the referee: Provided, however, That salaries of the employees of the Bankruptcy Division of the Administrative Office of the United States Courts may also be paid out of such funds. If the office of the referee shall become vacant, the employment of his assistants shall not thereupon be terminated: Provided, however. That during such vacancy the Director may terminate the employment of any assistant, if, in his opinion, the services of such assistant are no longer needed.". Approved September 22, 1978.

LEGISLATIVE HISTORY: SENATE REPORT No. 95-984 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 124 (1978): July 19, considered and passed Senate. Sept. 8, considered and passed House.

Sept. 22, 1978 [S. 3107]

Bankruptcy, employees of > referees, uniform supervision and control.

11 USC 68.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/784

 92 STAT. 730

PUBLIC LAW 95-384—SEPT. 26, 1978

Public Law 95- •384 95th Congress An Act Sept. 26, 1978 [S. 3075]

International Security Assistance Act of

1978. 22 USC 2151 note.

To amend the Foreign Assistance Act of 1961 and the Arms Export Control Act to authorize international security assistance programs for fiscal year 1979, and for other purposes.

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

1. This Act may be cited as the "International Security Assistance Act of 1978". SECTION

CONTINGENCY F U N D

22 USC 2261.

SEC. 2. Section 451(a) of the Foreign Assistance Act of 1961 is amended by striking out "fiscal year 1978 not to exceed $5,000,000" and inserting in lieu thereof "fiscal year 1979 not to exceed $5,000,000". INVOLVEMENT OF UNITED STATES PERSONNEL I N NARCOTICS CONTROL ENFORCEMENT ACTIVITIES ABROAD

22 USC 2291.

SEC. 3. Section 481(c)(1) of the Foreign Assistance Act of 1961 is amended by adding at the end thereof the following new sentences: "No such officer or employee may interrogate or be present during the interrogation of any United States person arrested in any foreign country with respect to narcotics control efforts without the written consent of such person. The provisions of this paragraph shall not apply to the activities of the United States Armed Forces in carrying out their responsibilities under applicable Status of Forces arrangements.". U S E OF H E R B I C I D E S TO ERADICATE MARIHUANA

22 USC 2291.

SEC. 4. Section 481 of the Foreign Assistance Act of 1961 is amended by adding at the end thereof the following new subsection: "(d)(1) Assistance authorized by this chapter may not be made available or used for any program involving the spraying of a herbicide to eradicate marihuana plants if the use of that herbicide is likely to cause serious harm to the health of persons who may use or consume the sprayed marihuana. This prohibition shall not apply if the herbicide is used in conjunction with another substance that will clearly and readily warn potential users and consumers of the sprayed marihuana that a herbicide has been used on it. "(2) The Secretary of State shall inform the Secretary of Health, Education, and Welfare of the use or intended use by any country or international organization of any herbicide to eradicate marihuana in a program receiving assistance under this chapter. The Secretary of Health, Education, and Welfare, on the basis of scientific information and testing and after receiving comments from the Secretary of Agriculture and the Administrator of the Environmental Protection Agency, shall promptly advise the Secretary of State if the use of that herbicide is likely to cause serious harm to the health of persons

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