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 92 STAT. 576

PUBLIC LAW 95-356—SEPT. 8, 1978 NATIONAL SECURITY AGENCY

Fort George G. Meade, Maryland, $2,850,000. OFFICE OF THE SECRETARY OF DEFENSE

Classified Activity, Fort Belvoir, Virginia, $9,200,000. OUTSIDE THE UNITED STATES DEFENSE L O G I S T I C S AGENCY

Defense Property Disposal OiRce, Nuremberg, Germany, $870,000. Defense Property Disposal Office, Subic Bay, Philippines, $584,000. OFFICE OF THE SECRETARY OF DEFENSE DEPARTMENT OF DEFENSE OFFICE OF DEPENDENTS SCHOOLS

Nuremberg, Germany, $4,545,000. Pattonville Housing Area, Ludwigsburg, Germany, $6,4] 5,000. Pioneer Kaserne, Hanau, Germany, $6,297,000. Ramstein Air Base, Germany, $9,160,000. Zweibruecken Air Base, Germany, $7,263,000. NORTH ATLANTIC TREATY ORGANIZATION

Report to congressional committees.

INFRASTRUCTURE

Various Locations: For the United States share of the cost of multilateral programs for the acquisition or construction of military facilities and installations (including international military headquarters) for the collective defense of the North Atlantic Treaty Area, $120,000,000. Within thirty days after the end of each ca,lendar-year quarter, the Secretary of Defense shall furnish to the Committees on Armed Services and on Appropriations of the Senate and House of Representatives a description of the obligations incurred by the United States for the United States share of the cost of such multilateral programs. EMERGENCY CONSTRUCTION

Notification to congressional committees.

SEC 402. The Secretary of Defense may establish or develop installations and facilities which he determines to be vital to the security of the United States and, in connection therewith, may acquire, construct, convert, rehabilitate, or install permanent or temporary public works, including land acquisition, site preparation, appurtenances, utilities, and equipment, in the total amount of $10,000,000. The Secretary of Defense, or his designee, shall notify the Committees on Armed Services of the Senate and House of Representatives, immediately upon reaching a final decision to implement, of the cost of construction of any public works undertaken under this section, including real estate actions pertaining thereto. MINOR CONSTRUCTION

SEC 403. The Secretary of Defense is authorized to accomplish minor construction projects under section 2674 of title 10, United States Code, in the amount of $13,044,000.

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 PUBLIC LAW 95-356—SEPT. 8, 1978

92 STAT. 577

TITLE V—MILITARY FAMILY HOUSING AUTHORIZATION TO CONSTRUCT OR ACQUIRE HOUSING

SEC. 501. (a) The Secretary of Defense, or his designee, is authorized to construct or acquire sole interest in existing family housing units in the numbers and at the locations hereinafter named, but no family housing construction shall be commenced at any such location in the United States until the Secretary shall have consulted with the Secretary of Housing and Urban Development as to the availability of suitable private housing at such location. If agreement cannot be reached with respect to the availability of suitable private housing at any location, the Secretary of Defense shall notify the Committees on Armed Services of the Senate and the House of Representatives, in writing, of such difference of opinion, and no contract for construction at such location shall be entered into for a period of thirty days after such notification has been given. This authority shall include the authority to acquire land, and interests in land, by gift, purchase, exchange of Government-owned land, or otherwise. (b) With respect to the family housing units authorized to be constructed by this section, the Secretary of Defense is authorized to acquire sole interest in privately owned or Department of Housing and Urban Development held family housing units in lieu of constructing all or a portion of the family housing authorized by this section, if he, or his designee, determines such action to be in the best interests of the United States, but any family housing units acquired under authority of this subsection shall not exceed the cost limitations specified in this section for the project nor the limitations on size specified in section 2684 of title 10, United States Code. In no case may family housing units be acquired under this subsection through the exercise of eminent domain authority, and in no case may family housing units other than those authorized by this section be acquired in lieu of construction unless the acquisition of such units is hereafter specifically authorized by law. (c) Family housing units and mobile home facilities: National Guard Advisory Detachments, Alaska, three units, $137,000. Naval Facility, Centerville Beach, California, twenty-eight units, $1,509,000. Marine Corps Air Station, El Toro, California, two hundred sixteen units, $9,396,000. Fort Ord, California, five hundred sixty units, $24,432,000, and fifty mobile home spaces, $690,000. Marine Corps Base, Twentynine Palms, California, one hundred units, $4,307,000. Fort Stewart, Georgia, one hundred and thirty-two units, $4,600,000. Naval Submarine Support Base, Kings Bay, Kingsland, Georgia, two hundred and fifty units, $11,505,000. Mountain Home Air Force Base, Idaho, fifty mobile home spaces, $445,000. Fort Polk, Louisiana, one hundred and sixty units, $7,300,000. Naval Communications Unit, Cutler, Maine, twenty units, $1,355,000. Naval Air Station, Fallon, Nevada, seventy units, $2,820,000.

Secretary of HUD, consultation.

Notification to congressional committees.

Cost limitations;

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 92 STAT. 578

PUBLIC LAW 95-356—SEPT. 8, 1978 Nuclear Power Training Unit, Ballston Spa, New York, one hundred units, $5,541,000. Defense Attache Office, Brasilia, Brazil, two units, $322,000. Defense Installations, Cairo, Egypt, twenty-one units, $2,950,000, to be funded by use of excess foreign currency when so provided in Department of Defense Appropriation Acts. Defense Attache Office, Helsinki, Finland, six units, $670,000. Defense Attache Office, Kuala Lumpur, Malaysia, two units, $170,000. Defense Attache Office, Oslo, Norway, five units, $476,000. Defense Attache Office, Manila, Philippines, six units, $502,000. Defense Attache Office, Stockholm, Sweden, four units, $398,000. Defense Attache Office, Kinshasa, Zaire, four units, $350,000. (d) Any of the amounts specified in this section may, at the discretion of the Secretary of Defense, or his designee, be increased by 10 per centum, if he determines that such increase (1) is required for the sole purpose of meeting unusual variations in cost, and (2) could not have been reasonably anticipated at the time such estimate was submitted to the Congress. The amounts authorized include the costs of shades, screens, ranges, refrigerators, and all other installed equipment and fixtures, the cost of the family housing unit, design, supervision, inspection, overhead, land acquisition, site preparation, and installation of utilities. IMPROVEMENT OF EXISTING QUARTERS

'^2 USC 1594h-2.

SEC. 502. (a) The Secretary of Defense, or his designee, is authorized to accomplish alterations, additions, expansions, or extensions, not otherwise authorized by law, to existing public quarters at a cost not to exceed— (1) for the Department of the Army, $18,786,000, of which $1,OOK),000 shall be available only for energy conservation projects; (2) for the Department of the Navy, $10,768,000, of which $1,725,000 shall be available only for energy conservation projects; (3) for the Department of the Air Force, $31,740,000, of which $5,807,000 shall be available only for energy conservation projects; and (4) for the Defense Mapping Agency, $86,000. (b) Section 610(a) of the Military Construction Authorization ^^^^ i9g3 (Public Law 90-110, 81 Stat. 305), is amended by striking out "$15,000" in the first sentence and inserting in lieu thereof "$20,000". (c) The Secretary of Defense, or his designee, within the amounts specified in subsection (a) of this section, is authorized to accomplish repairs and improvements to existing public quarters in amounts in excess of the $20,000 limitation prescribed in section 610(a) of the Military Construction Authorization Act, 1968 (Public Law 90-110, 81 Stat. 305),as follows: Elmendorf Air Force Base, Alaska, two hundred and sixty-four units, $2,904,000. Marine Barracks, Washington, District of Columbia, one unit, $80,000.

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 PUBLIC LAW 95-356—SEPT. 8, 1978 Marine Corps Development and Education Command, Quantico, Virginia, forty-eight units, $1,117,400. Eamstein Air Base (Vogelweh-Landstuhl), Federal Republic of Germany, ninety-six units, $1,680,200. Ramstein Air Base, Federal Republic of Germany, three hundred and sixty units, $8,151,600. Rhein-Main Air Base, Federal Republic of Germany, four hundred and twenty-four units, $9,215,000. Vilseck, Federal Republic of Germany, eight substandard units, $244,500. LEASING OF FAMILY HOUSING

SEC. 503. (a) Section 2686(c) of title 10, United States Code, relating to leases for military family housing, is amended— (1) by striking out "$280" and "$450" in paragraph (1) and inserting in lieu thereof "$300" and "$475", respectively; and (2) by striking out "$350" and "$450" in paragraph (2) and inserting in lieu thereof "$370" and "$475", respectively. (b) Section 2675(d) of title 10, United States Code, relating to leases in foreign countries, is amended— <1) by striking out "$435" and "$760" in the first sentence of paragraph (1) and inserting in lieu thereof "$485" and "$850", respectively; and (2) by striking out "15,000" in paragraph (2) and inserting in lieu thereof "18,000". SETTLEMENT OF CLAIMS

SEC. 504. (a) Notwithstanding the provisions of any other law, the Secretary of the Air Force is authorized to settle claims regarding construction of public quarters at Wright-Patterson Air Force Base, Ohio, in the amount of $500,000 plus interest from December 6, 1977, at the rate established by the Secretary of the Treasury pursuant to Public Law 92-41 (85 Stat. 97). (b) Notwithstanding the provisions of any other public law, the Secretary of the Navy is authorized to settle claims regarding construction of public quarters at the Naval Complex, South Philadelphia, Pennsylvania, in the amount of $1,750,000. AUTHORIZATION OF APPROPRIATIONS

SEC..505. There is authorized to be appropriated for fiscal year 1979 in a Military Construction Appropriation Act for use by the Secretary of Defense, or his designee, for military family housing as authorized by law for the following purposes: (1) For construction ol, or acquisition of sole interest in, family housing, including demolition, authorized improvements to public quarters, minor construction, relocation of family housing, rental guarantee payments, and planning, an amount not to exceed $139,105,000. (2) For support of military family housing, including operating expenses, leasing, maintenance of real property, payments of principal and interest on mortgage debts incurred, payment to the Commodity Credit Corporation, and mortgage insurance premiums authorized under section 222 of the National Housing Act (12 U.S.C. 1715m), an amount not to exceed $1,562,500,000.

92 STAT. 579

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 92 STAT. 580

PUBLIC LAW 95-356—SEPT. 8, 1978 HOUSING FOR NAVAL STATION, ADAK, ALASKA

91 Stat. 369.

SEC. 506. Section 501(c) of the Military Consti-uction Authorization Act, 1978, is amended by striking out "$8,500,000" in the item relating to the Naval Station. Adak, Alaska, and inserting in lieu thereof "$10,500,000". TITLE VI—AUTHORIZATION OF APPROPRIATIONS AND ADMINISTRATIVE PROVISIONS WAIVER OF RESTRICTIONS

SEC. 601. The Secretary of each military department may proceed to establish or develop installations and facilities under this Act without regard to section 3648 of the Revised Statutes, as amended (31 U.S.C. 529), and sections 4774 and 9774 of title 10, United States Code. The authority to place permanent or temporary improvements on land includes authority for surveys, administration, overhead, planning, and supervision incident to construction. That authority may be exercised before title to the land is approved under section 355 of the Revised Statutes, as amended (40 U.S.C. 255), and even though the land is held temporarily. The authority to acquire real estate or lands includes authority to make surveys and to acquire land and interests in land (including temporary use), by gift, purchase, exchange of Government-owned land, or otherwise. AUTHORIZATION OP APPROPRIATIONS

SEC. 602. There are authorized to be appropriated for fiscal year 1979 such sums as may be necessary for the purposes of this Act, but appropriations for public works projects authorized by titles I, II, III, IV, and V, shall not exceed— (1) for title I: inside the United States $487,853,000; outside the United States $228,026,000; minor construction $35,365,000; for a total of $751,244,000. (2) for title II: inside the United States $690,885,000; outside the United States $59,763,000; minor construction $39,662,000; for a total of $790,310,000. (3) for title III: inside the United States, $423,059,000; outside the United States, $68,963,000; minor construction $30,721,000; for a total of $522,743,000. (4) for title IV: a total of $217,610,000, including $13,044,000 for minor construction. (5) for title V: military family housing, $1,701,605,000. COST VARIATIONS

SEC. 603. (a) OVERALL TITLE TOTAL LIMITATION.—Notwithstanding

the provisions of subsections (a), (b), (c), and (g), the total cost of all construction and acquisition in each of titles I, II, III, and IV may not exceed the total amount authorized to be appropriated in that title. (b) VARIATIONS IN INSTALLATION TOTALS—^UNUSUAL VARIATIONS IN

COST.—Except as provided in subsections (c) and (d), any of the amounts specified in titles I, II, III, and IV of this Act (other than in sections 103, 203, 303, and 403) may, at the discretion of the Secretary of the military department or Director of the defense agency concerned, be increased by 5 per centum when inside the United States

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 PUBLIC LAW 9 5 - 3 5 6 — S E P T. 8, 1978 (other than Alaska or H a w a i i), and by 10 p e r centum when outside the United States or in Alaska or H a w a i i, if he determines that such increase (1) is required for the sole purpose of meeting unusual variations in cost, and (2) could not have been reasonably anticipated a t the time such estimate was submitted to the Congress. (c) VARIATIONS I N INSTALLATION TO T A L S — O N L Y O N E P R O J E C T AT

AN INSTALLATION.—When the amount named for any construction or acquisition in title I, II, III, or IV of this Act involves only one project a t any military installation and the Secretary of the military department or Director of the defense agency concerned determines that the amount authorized must be increased by more than thQ applicable percentage prescribed in subsection (b), h e may proceed with such construction or acquisition if the amount of the increase does not exceed by more than 25 per centum the amount named for such project by the Congress. (d) VARIATIONS I N INSTALLATION TOTALS—REPORTS BY THE SECRE-

TARY OF DEFENSE.—When the Secretary of Defense determines that any amount named in title I, II, III, or IV of this Act must be exceeded by more than the percentages permitted in subsections (b) and (c) to accomplish authorized construction or acquisition, the Secretary of the military department or Director of the defense agency concerned may proceed with such construction or acquisition after a written report of the facts relating to the increase of such amount, including a statement of the reasons for such increase, has been submitted to the Committees on A r m e d Services of the Senate and House of Representatives, and either (1) t h i r t y days have elapsed from the date of submission of such report, or (2) both committees have indicated approval of such construction or acquisition. Notwithstanding the provisions in prior Military Construction Authorization Acts, the provisions of this subsection shall apply to such prior Acts. (e) COST AND SCOPE VARIATIONS o r INDIVIDUAL P R O J E C T S; REPORTS

TO CONGRESS.—No individual project authorized under title I, II, III, or IV of this Act for any specifically listed military installation for which the current working estimate is $400,000 or more may be placed under contract if— (1) the approved scope of the project is reduced in excess of 25 per centum; or (2) the current working estimate, based upon bids received, for the construction of such project exceeds by more than 25 per centum the amount authorized for such project by the Congress; until a written report of the facts relating to the reduced scope or increased cost of such project, including a statement of the reasons for reduction in scope or increase in cost, has been submitted to the Committees on Armed Services of the Senate and House of Representatives, and either t h i r t y days have elapsed from the date of submission of such report, or both committees have indicated approval of such reduction i n scope or increase i n cost, as the case may be. (f) A N N U A L REPORT TO CONGRESS.—The Secretary of Defense shall

submit an annual report to the Congress identifying each individual project (other than a project authorized under section 103, 203, 303, or 403) which has been placed under contract i n the preceding twelvemonth period and with respect to which the then current working estimate of the Department of Defense based upon bids received for such project exceeded the amount authorized by the Congress for that project by more than 25 p e r centum. The Secretary shall also include in such report each individual project with respect to which the scope

92 STAT. 5 8 1

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 92 STAT. 582

PUBLIC LAW 95-356—SEPT. 8, 1978 was reduced by more than 25 p e r centum in order to permit contract a w a r d within the available authorization for such project. Such report shall include all pertinent cost information for each individual project, including the amount in dollars and percentage by which the current working estimate based on the contract price for the project exceeded the amount authorized for such project by the Congress. (g) COST AND FLOOR AREA VARIATIONS—SOLAR E N E R G Y. — The Secre-

t a r y of Defense shall encourage the utilization of solar energy as a source of energy for projects authorized by this Act where utilization of solar energy would be practical and economically feasible. I n order to equip any project authorized by this Act with solar heating equipment, solar cooling equipment, or both solar heating and solar cooling equipment, the Secretary of Defense may authorize increases in the cost limitations or floor area limitations for such project by such amounts as may be necessary for such purpose. Any increase under this section in the cost or floor area of a project authorized by this Act shall be in addition to any other increase in such cost or variation in floor area limitations authorized by this or any other Act. (h) COST VARIATIONS—MINOR CONSTRUCTION.— (1) The first sen-

Effective date.

10 USC 2674

note.

Report to Congress.

10 USC 2301 et seq. Report to Congress.

tence of section 2674(b) of title 10, United States Code, relating to minor construction projects, is amended to read as follows: "This section does not authorize a project costing more than $500,000, except that the cost authorized for a project may be increased above $500,000 by not more than 10 percent of the original approved cost of such project if the Secretary of Defense determines— " (1) that such an increase is required for the sole purpose of meeting unusual variations in cost, and " (2) that such variations in cost could not have been reasonably anticipated at the time the project was originally approved.". (2) The amendment made by this subsection shall take effect on October 1, 1978. CONSTRUCTION SUPERVISION

SEC. 604. Contracts for construction made by the United States for performance within the United States and its possessions under this Act shall be executed under the jurisdiction and supervision of the Corps of Engineers, Department of the Army; the Naval Facilities Engineering Command, Department of the Navy; or such other department or Government agency as the Secretaries of the military departments recommend and the Secretary of Defense approves to assure the most efficient, expeditious, and cost-effective accomplishment of the construction herein authorized. The Secretaries of the military departments shall report annually to the President of the Senate and Speaker of the House of Representatives a breakdown of the dollar value of construction contracts completed by each of the several construction agencies selected together with the design, construction supervision, and overhead fees charged by each of the several agents in the execution of the assigned construction. F u r the r, such contracts (except architect and engineering contracts which, unless specifically authorized by the Congress shall continue to be awarded in accordance with presently established procedures, customs, and practice) shall be awarded, insofar as practicable, on a competitive basis to the lowest responsible bidder, if the national security will not be impaired and the a w a r d is consistent with chapter 137 of title 10, United States Code. The Secretaries of the military departments shall report annually to the President of the Senate and Speaker of the House of Representatives with respect to all contracts awarded on other than a

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 PUBLIC LAW 95-356—SEPT. 8, 1978 competitive basis to the lowest responsible bidder. Such reports shall also show, in the case of the ten architect-engineering firms which, in terms of total dollars, were awarded the most business; the names of such firms; the total number of separate contracts awarded each firm; and the total amount paid or to be paid in the case of each such action under all such contracts awarded such firm. REPEAL o r PRIOR AUTHORIZATIONS; EXCEPTIONS

SEC. 605. (a) As of October 1, 1979, all authorizations for military public works, including family housing, to be accomplished by the Secretary of a military department in connection with the establishment or development of installations and facilities, and all authorizations for appropriations therefor, that are contained in titles I, II, III, IV, and V of the Military Construction Authorization Act, 1978 (Public Law 95-82; 91 Stat. 358), and all such authorizations contained in Acts approved before August 1, 1977, and not superseded or otherwise modified by a later authorization are repealed except— (1) authorizations for public works and for appropriations therefor that are set forth in those Acts in the titles that contain the general provisions; and (2) authorizations for public works projects as to which appropriated funds have been obligated for construction contracts, land acquisition, or payments to the North Atlantic Treaty Organization, in whole or in part, before October 1, 1979, and authorizations for appropriations therefor. (b) Notwithstanding the repeal provisions of subsection (a) of this section and section 605 of the Military Construction Authorization Act, 1978 (Public Law 95-82; 91 Stat. 358), authorizations for the following items sihall remain in effect until October 1, 1980: (1) Medical Facility construction in the amount of $2,014,000 at Fort Drum, New York, authorized in section 101 of the Military Construction Authorization Act, 1977 (Public Law 94r-431; 90 Stat. 1349). (2) Barracks Building construction in the amount of $5,100,000 at Fort Drum, New York, authorized in section 101 of the Military Construction Authorization Act, 1977 (Public Law 94-431; 90 Stat. 1349). (3) Effluent Land Irrigation System construction in the amount of $6,933,000 at Fort Ord, California, authorized in section 101 of the Military Construction Authorization Act, 1977 (Public Law 94-431; 90 Stat. 1349). (4) Sulphuric Acid Eegenerator construction in the amount of $15,238,000 at the Sunflower Army Ammunition Plant, Kansas, authorized in section 101 of the Military Construction Authorization Act, 1977 (Public Law 94-431; 90 Stat. 1350). (5) Cold Storage Warehouse construction in the amount of $1,215,000 at Fort Dix, New Jersej, authorized in section 101 of the Military Construction Authorization Act, 1973 (Public Law 92-545; 86 Stat. 1135), and extended in section 605(3)(B) of the Military Construction Authorization Act, 1975 (Public Law 93-552; 88 Stat. 1762), and in section 605(b)(2) of the Military Construction Authorization Act, 1977 (Public Law 94-431; 90 Stat. 1363). (6) Solid Waste System construction in the amount of $300,000 at the Naval Submarine Base, New London, Connecticut, authorized in section 201 of the Military Construction Authorization Act, 1977 (Public Law 94-431; 90 Stat. 1352).

92 STAT. 583

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 92 STAT. 584

PUBLIC LAW 95-356—SEPT. 8, 1978 (7) Naval Historical Center construction in the amount of $1,300,000 at Headquarters, Naval District of Washington, District of Columbia, authorized in section 201 of the Military Construction Authorization Act, 1977 (Public Law 94-431; 90 Stat. 1352). U N I T COST LIMITATIONS

SEC. 606. None of the authority contained in titles I, II, III, and IV of this Act shall be deemed to authorize any building construction projects inside the United States in excess of a unit cost to be determined in proportion to the appropriate area construction cost index, based on the following unit cost limitations where the area construction index is 1.0: (1) $45 per square foot for permanent barracks; or (2) $48 per square foot for bachelor of&cer quarters; unless the Secretary of Defense, or his designee, determines that, because of special circumstances, application to such project of the limitations on unit cost contained in this section is impracticable. Notwithstanding the limitations contained in prior Military Construction Authorization Acts on unit costs, the limitations on such costs contained in this section shall apply to all prior authorizations for such construction not heretofore repealed and for which construction contracts have not been awarded by the date of enactment of this Act. TITLE VII—GUAKD AND RESERVE FORCES F A C I L I T I E S AUTHORIZATION FOR FACILITIES

10 USC 2231 et SEC. 701. Subject to chapter 133 of title 10, United States Code, the the Guard and Reserve Forces, including the acquisition of land therefor, but the cost of such facilities shall not exceed the following amounts: (1) For the Department of the Army— (A) for the Army National Guard of the United States, $47,300,000; and (B) for the Army Reserve, $27,400,000. (2) For the Department of the Navy, for the Naval and Marine Corps Reserves, $19,350,000. (3) For the Department of the Air Force— (A) for the Air National Guard of the United States, $39,350,000; and (B) for the Air Force Reserve, $11,400,000. WAIVER OF CERTAIN RESTRICTIONS
 * «9Secretary of Defense may establish or develop additional facilities for

SEC. 702. The Secretary of Defense may establish or develop installations and facilities under this title without regard to section 3648 of the Revised Statutes, as amended (31 U.S.C. 529), and sections 4774 and 9774 of title 10, United States Code. The authority to place permanent or temporary iniprovements on land includes authority^ for surveys, administration, overhead, planning, and supervision incident to construction. That authority may be exercised before title to the land is approved under section 355 of the Revised Statutes, as amended (40 U.S.C. 255), and even though the land is held temporarily. The authority to acquire real estate or land includes authority to make surveys and to acquire land and interests in land (including temporary

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 PUBLIC LAW 95-356—SEPT. 8, 1978

92 STAT. 585

use), by gift, purchase, exchange of Government-owned land, or otherwise. TITLE VIII—GENERAL PROVISIONS ADVANCE REPORTS TO CONGRESS OE CERTAIN ADVANCE PLANNING AND CONSTRUCTION DESIGN COSTS

SEC, 801. Section 612 of the Military Construction Authorization Act, 1967 (31 U.S.C. 723a), relating to advance planning and design projects, is amended by striking out "$225,000" and inserting in lieu thereof "$250,000". TRANSMISSION OF A N N U A L MILITARY CONSTRUCTION AUTHORIZATION REQUEST TO CONGRESS

SEC. 802. (a)(1) Chapter 131 of title 10, United States Code, is amended by adding at the end thereof the following new section: ^§ 2212. Transmission of annual military construction authorization request "The Secretary of Defense shall transmit to the Congress the annual request for military construction authorization for a fiscal year during the first ten days after the President transmits to the Congress the Budget for such fiscal year pursuant to section 201 of the Budget and Accounting Act, 1921 (31 U.S.C. 11).". (2) The table of sections at the beginning of chapter 131 of title 10, United States Code, is amended by adding at the end thereof the following new item:

10 USC 2201 et seq. 10 USC 2212.

"2212. Transmission of annual military construction authorization request.".

(b) The amendments made by subsection (a) shall apply with 10 USC 2212 respect to fiscal year 1980 and each fiscal year thereafter. "ote. DEVELOPMENT OF SOURCES OF ENERGY ON MILITARY LANDS

SEC. 803. (a) The Secretary of each military department may 30 USC 1002a develop for the use or benefit of the Department of Defense any geothermal energy resource within lands under his jurisdiction other than public lands administered by the Secretary of the Interior. (b)(1) If the Secretary of a military department determines that it is in the interest of the Government to do so, he may contract, for a period not to exceed thirty years, for the provision and operation of energy production facilities on real property under his jurisdiction and for the purchase of energy produced from such facilities, except that no such contract may be made for the development of energy resources derived from nuclear or fossil fuel sources. (2) Any contract under paragraph (1) may be made only— (A) after the approval of the Secretary of Defense of the proposed contract; and (B) after the Committees on Armed Services of the Senate Notification to and House of Representatives have been notified of the terms of congressional the proposed contract, including the dollar value of such con- committees. tract and the amount of energy to be delivered to the Government under such contract. Effective date. (c) This section shall take effect on October 1, 1978. REQUIREMENT FOR USE OF SOLAR ENERGY SYSTEMS

30 USC 1002a note.

SEC. 804. (a) Effective ninety days after the date of the enactment 42 USC 5504a, of this Act, the Secretary of Defense shall require that 25 per centum,

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 92 STAT. 586

PUBLIC LAW 95-356—SEPT. 8, 1978 based on the estimated dollar value of the construction cost, of all new facilities except family housing that are placed under design shall include solar energy systems to the extent that engineering analyses demonstrate is cost effective. (b) Effective on the date of the enactment of this Act, the Secretary of Defense shall require that all family housing authorized for construction shall include solar energy systems to the extent that engineering analyses demonstrate is cost effective. (c) For the purposes of this section, a solar energy system shall be considered to be cost effective if the original investment cost differential can be recovered over the expected life of the facility. BASE CLOSUEE AND BEALINEMENT

AMENDMENT

SEC. 805. Clause (B) of paragraph (1) of section 2687(d) of title 10, United States Code, is amended by striking out "five hundred" and inserting in lieu thereof "three hundred". REAL ESTATE, PEASE AIR FORCE BASE

SEC. 806. No official acting on behalf of the Department of Defense or any of the military departments shall purchase, or directly or indirectly negotiate for the purchase of, any of the land contiguous to the existing boundaries of Pease Air Force Base, New Hampshire, without the express authorization of the Congress. LAND C O N V E Y A N C E,

Funds, availability.

MEMPHIS,

TENNESSEE

SEC. 807. (a) The Secretary of the Navy (hereinafter in this section referred to as the "Secretary") is authorized to convey to Plough Inc., a Delaware corporation with principal offices in the city of Memphis, Tennessee, all right, title, and interest of the United States in and to the land and improvements which comprise the Marine Corps Reserve Center, Memphis, Tennessee. Such conveyance shall be made subject to such terms and conditions as the Secretary considers appropriate, but may not be made until a replacement facility for such Reserve Center is available in accordance with subsection (b). (b)(1) I n consideration for such conveyance by the Secretary under subsection (a), Plough Inc.— (A) shall make available to the Secretary funds for the purchase of land and the purchase or making of improvements on such land which are acceptable to the Secretary as a replacement facility for such Marine Corps Reserve Center; or (B) shall convey to the United States unencumbered fee simple title to land in the area of Memphis, Tennessee, which contains improvements acceptable to the Secretary as a replacement facility for such Marine Corps Reserve Center. (2) In addition. Plough Inc., as a further condition of the conveyance under subsection (a), shall pay to the Secretary the cost of the relocation of the such Marine Corps Reserve Center from the facility on the land conveyed by the Secretary under subsection (a) to the facility on the land acquired by the Secretary under this subsection. (c) The replacement facility to be provided under subsection (b) shall be designed to meet the current and foreseeable future requirements of the Marine Corps Reserve in and around Memphis, Tennessee, as determined by the Secretary.

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 PUBLIC LAW 95-356—SEPT. 8, 1978

92 STAT. 587

(d) Funds made available under subsections (b) ^1) and (2), and land conveyed under subsection (b)(1), shall be subject to terms and conditions which shall be agreed upon by the Secretary and Plough Inc. and which the Secretary considers to be in the public interest. If the cost of the replacement facility is less than the replacement cost or fair market value, whichever is greater, of the existing facility of such Marine Corps Reserve Center, Plough Inc. shall pay the amount of the difference between such costs to the United States, and such amount shall be deposited in the Treasury as miscellaneous receipts. (e) The exact acreage and legal description of any land conveyed under this section shall be determined by surveys which are satisfactory to the Secretary. (f) The Secretary is authorized to accept any land conveyed, or any funds made available, to the United States under subsection (b), and any such land shall be administered by the Secretary and any such funds may be obligated and disbursed by the Secretary. The authority under this section to place improvements on land (including site preparation) may be exercised before title to the land is approved under section 355 of the Revised Statutes (40 U.S.C. 255). LAND CONVEYANCE, NICEVILLE, ELORIDA

SEC. 808. (a) Subject to subsection (b), the Secretary of the Air Force (hereinafter in this section referred to as the "Secretary") is authorized to convey to the city of Niceville, Florida (hereinafter in this section referred to as the "City"), all right, title, and interest of the United States in and to the land described in subsection (c), (b)(1) The conveyance authorized in subsection (a) shall be made only if not later than one year after the date of the enactment of this Act, the City— (A) conveys land to the United States which has a fair market value which is not less than the fair market value of the land authorized to be conveyed in subsection (a); (B) pays the United States an amount of money equal to such fair market value; or (C) conveys land and pays an amount of money to the United States which in total equals an amount which is not less than such fair market value. (2) If such land is used for any purpose other than a cemetery which is operated on a nonprofit basis, title to such land shall revert to the United States. (3) The Secretary shall include in any instrument making such conveyance terms which will carry out the provisions of paragraph (2). (c) The land referred to in subsection (a) is a portion of Eglin Air Force Base, Florida, containing 48.59 acres, more or less. (d) The exact acreage and legal description of any land conveyed under this section shall be determined by surveys which are satisfactory to the Secretary. LAND C O N V E Y A N C E, OKALOOSA COUNTY, FLORIDA

SEC. 809. (a) Subject to subsection (b), the Secretary of the Air Force (hereinafter in this section referred to as the "Secretary") is authorized to convey to the Air Force Enlisted Men's Widows and Dependents Home Foundation, Incorporated (hereinafter in this section referred to as the "Foundation"), of Washington, District of Columbia, all right, title, and interest of the United States in and to the

39-194 O—80—pt. 1

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Page:United States Statutes at Large Volume 92 Part 1.djvu/642

 92 STAT. 588

PUBLIC LAW 95-356—SEPT. 8, 1978 land described in subsection (c). Such conveyance shall be made subject to such terms and conditions as the Secretary considers appropriate to carry out the provisions of this section. (b)(1) In consideration for such conveyance made by the Secretary under subsection (a), the Foundation shall— (A) convey land to the United States which has a fair market value which is not less than the fair market value of the land authorized to be conveyed in subsection (a); (B) pay the United States an amount of money equal to such fair market value; or (C) convey land and pay an amount of money to the United States which in total equals an amount which is not less than such fair market value. (2) If the land conveyed under subsection (a) is not used as a permanent location for facilities of the Foundation before the end of the ten-year period beginning on the date on which such land is conveyed, title to such land shall revert to the United States. (3) If such reversion occurs, the Secretary shall pay to the Foundation an amount of money equal to 50 per centum of the fair market value of the land reverting to the United States. Such fair market value shall be determined as of the date on which such land was conveyed to the Foundation by the Secretary. (4) No construction shall be started on such land until plans for such construction are approved by the Secretary. (5) Notwithstanding sections 2733 of title 10, United States Code, sections 1346 and 2672 of title 28, United States Code, and section 715 of title 32, United States Code, the United States shall not be liable to the Foundation for any damage to, or diminution in value of, the land conveyed pursuant to this section or improvements thereon, if such damage or diminution of value is caused by any activity of the United States at Eglin Air Force Base. (c) The land referred to in subsection (a) is a portion of Eglin Air Force Base, Florida, composed of two parcels containing a total of seventy-nine acres. (d) The exact acreage and legal description of any land conveyed under this section shall be determined by surveys which are satisfactory to the Secretary. LAND CONVEYANCE, KANSAS CITY, MISSOURI

SEC. 810. (a) Subject to subsection (b), the Secretary of the Army (hereinafter in this section referred to as the "Secretary") is authorized to convey to the Central-Wyandotte Development Corp. (hereinafter in this section referred to as the "Corporation") of Kansas City, Missouri, subject to such terms and conditions as the Secretary considers appropriate, all right, title, and interests of the United States in and to the following lots, including all improvements on such lots, located in block 4, J. H. McGee's Addition, Kansas City, Jackson County, Missouri: (1) The south 371/2 feet of lot 47. (2) Lot 48. (3) The north 17.34 feet of lot 49. (b)(1) In consideration for such conveyance by the Secretary under subsection (a), the Corporation shall convey to the United States unencumbered fee simple title to the following lots located in block 4, J. H. McGee's Addition, Kansas City, Jackson County, Missouri: (A) The south 4.84 feet of lot 50.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/643

 PUBLIC LAW 95-356—SEPT. 8, 1978

92 STAT. 589

(B) Lots 51 and 52. (2) The Corporation shall make improvements on such lots in accordance with requirements of, and subject to the approval of, the Secretary. (c) If the combined fair market value of the lots to be ccmveyed to the United States by the Corporation and the improvements made on such lots by the Corporation (and approved by the Secretary) is less than the fair market value of the lots conveyed by the Secretary to the Corporation, the Corporation shall pay the amount of the differ-^ ence in such fair market values to the Secretary, and such amount shall be deposited in the Treasury as miscellaneous receipts. (d) The cost of any survey necessary to complete any conveyance under this section shall be paid by the Corporation. (e) The Secretary is authorized to accept any land conveyed to the United States under subsection (b), and any such land shall be administered by the Secretary. LAND CONVEYANCE, LOGAN, U T A H

SEC. 811. (a) Subject to subsection (b), the Secretary of the Army (hereinafter in this section referred to as the "Secretary") is authorized to convey to Utah State University (hereinafter m this section referred to as the "University"), an agency of the State of Utah, all right, title, and interest of the United States in and to improvements located on land which is leased from the University by the United States and which is located on the campus of the University in Logan, Cache County, Utah. (b)(1) In consideration for such conveyance by the Secretary under .subsection (a), the University shall— (A) make improvements, for use as a United States Armv Reserve Center, on land owned by the University at Eighteenth North Street and Second East Street, North Logan, Cache County, Utah; and (B) lease to the Secretary, for a period of ninety-nine years and at a nominal amount of rent, the land upon which such improvements are made. (2) Such improvements shall be made in accordance with requirements of, and subject to the approval of, the Secretary, except that the value of such improvements shall not be less than the fair market value of the existing United States Army Reserve Center on the land described in subsection (a). (3) Funds for such improvements shall be provided as follows: (A) The TTniversity shall contribute not less than $210,000. (B) The United States shall contribute all additional funds needed to complete such improvements, not to exceed $501,756, from funds available without fiscal year limitation from the military construction appropriation for the Army Reserve for fiscal year 1978. LAND CONVEYANCE, H A W A II

SEC. 812. (a) Notwithstanding any other provision of law, the Secretary of the Navy is authorized to convey to the State of Hawaii, subject to the terms and conditions stated m this section and to such other terms and conditions as the Secretary of the Navy considers to be in the public interest, all right, title, and interest of the United States in and to certain land, with improvements thereon, referred to as the Navy Drum Storage Area and as described in subsection (c).

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Page:United States Statutes at Large Volume 92 Part 1.djvu/644

 92 STAT. 590

PUBLIC LAW 95-356—SEPT. 8, 1978 (b) In consideration for the conveyance by the United States of the property described in subsection (c), the State of Hawaii shall pay to the United States an amount which is the greater of (1) the total cost of a replacement facility for the improvements on such property, or (2) the fair market value of the property to be conveyed, as determined by the Secretary of the Navy. The money so paid shall be available for site preparation and construction by the Navy of new storage facilities to replace the Navy Drum Storage Facilities (Ewa Junction), and the Secretary is authorized to accept, hold, obligate, and disburse such money to accomplish such replacement. (c) The land authorized to be conveyed to the State of Hawaii by subsection (a) is an area of land referred to as the Navy Drum Storage Area and comprising approximately 43.813 acres, including an area designated as the "public works center" and the "naval supply center", together with improvements thereon, as generally depicted on the Real Estate Sunmiary Map, Ewa Junction, Oahu, Hawaii, Department of the Navy (revised December 4, 1975). The exact description and acreage of the land to be conveyed shall be determined by a survey as mutually agreed upon between the State of Hawaii and the Secretary of the Navy. EFFECTIVE DATE FOK CONVEYANCES

SEC. 813. Sections 807 through 812 shall take effect on October 1, 1978. Approved September 8, 1978.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 95-1147 (Comm. on Armed Services) and No. 95-1448 (Comm. of Conference). SENATE REPORT No. 95-847 accompanying S. 3079 (Comm. on Armed Services). CONGRESSIONAL RECORD, Vol. 124 (1978): May 22, considered and passed House. July 12, considered and passed Senate, amended, in lieu of S. 3079. Aug. 16, House agreed to conference report. Aug. 17, Senate agreed to conference report.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/645

 PUBLIC LAW 95-357—SEPT. 8, 1978

92 STAT. 591

Public Law 95-357 95th Congress An Act To amend chapter 639 of title 10, United States Code, to enable the Secretary of the Navy to change the name of a publication of the Naval Observatory providing data for navigators and astronomers.

Sept. 8, 197{^ [H.R. 3532]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 7396(a) Naval of title 10, United States Code, is amended by striking the words "in Observatory the American Ephemeris and Nautical Almanac". publication, ^

Approved September 8, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1379 (Comm. on Armed Services). SENATE REPORT No. 95-1137 (Comm. on Armed Services). CONGRESSIONAL RECORD, Vol. 124 (1978): Aug. 7, considered and passed House. Aug. 24, considered and passed Senate.

change oi name.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/646

 92 STAT. 592

PUBLIC LAW 95-358—SEPT. 8, 1978

Public Law 95-358 95th Congress

Tgl-^r c An Act

Sept. 8, 1978 (H.R. 7161]

Junior ROTC program, eligibility.

rp^ amend title 10, United States Code, to allow nationals, as well as citizens, of the United States to participate in the Junior Reserve Officers' Training Corps program. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 2031 (b)(1) of title 10, United States Code, is amended by inserting "or nationals" immediately after "citizens". Approved September 8, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1390 (Comm, on Armed Services). SENATE REPORT No. 95-1135 (Comm. on Armed Services). CONGRESSIONAL RECORD, Vol. 124 (1978): Aug. 7, considered and passed House. Aug. 25, considered and passed Senate.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/647

 PUBLIC LAW 95-359—SEPT. 8, 1978

92 STAT. 593

Public Law 95-359 95th Congress An Act To authorize the Governor of the State of Wyoming to exhibit the nameplate, ship's bell, and silver service of the United States Ship Wyoming without restriction as to the place of such exhibition.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 2 of the Act entitled "An Act to provide for the delivery of custody of certain articles of historic interest from the United States Ship Nevada and the United States Ship Wyoming to the State of Nevada and the State of Wyoming, respectively", approved June 8, 1946 (60 Stat. 234), is amended— (1) by striking out the conuna after "exhibition" and inserting in lieu thereof "and"; and (2) by striking out ", and use by the University of Wyoming". Approved September 8, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1380 (Comm. on Armed Services). SENATE REPORT No. 95-1136 (Comm. on Armed Services). CONGRESSIONAL RECORD, Vol. 124 (1978): Aug. 7, considered and passed House. Aug. 25, considered and passed Senate.

Sept. 8, 1978 [H.R. 8471]

U.S.S. Wyoming. Silver service and other articles, e'^*»i»>»t»on-

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Page:United States Statutes at Large Volume 92 Part 1.djvu/648

 92 STAT. 594

PUBLIC LAW 95-360—SEPT. 9, 1978 •O • ycf

Public Law 95-360 95th Congress An Act Sept. 9, 1978 [S. 2543]

Fraudulent solicitations through the mails, prevention.

j, ^ amend title 39 of the United States Code to provide better enforcement procedures for preventing fraudulent solicitations through the mails.

Be it enacted by the Senate and Hoiise of Representatives of the United States of America in Congress assembled, That section 3005(a) of title 39, United States Code, is amended— (1) by inserting "including the mailing of matter which is nonmailable under section 3001(d) of this title," after "false representations,"; and (2) by adding at the end thereof the following: "For purposes of the preceding sentence, the mailing of matter which is nonmailable under such section 3001(d) by any person shall constitute prima facie evidence that such person is engaged in conducting a scheme or device for obtaining money or property through the mail by false representations.". Approved September 9, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1401 accompanying H.R. 13369 (Comm. on Post Office and Civil Service). SENATE REPORT No. 95-1077 (Comm. on Governmental Affairs). CONGRESSIONAL RECORD, Vol. 124 (1978): Aug. 14, considered and passed Senate. Aug. 17, considered and passed House.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/649

 PUBLIC LAW 95-361—SEPT. 10, 1978

92 STAT. 595

Public Law 95-361 95th Congress An Act To provide that a certain tract of land in Pinal County, Arizona, held in trust by the United States for the Papago Indian Tribe, be declared a part of the Papago Indian Reservation.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the followin»r described tract of land located in Pinal County, Arizona, and held in trust by the United States for the Papago Indian Tribe, is hereby declared to be an addition to and a part of the Papago Indian Reservation: Beginning at the northeast corner of parcel numbered 1 within section 3, township 5 south, range 9 oast, Gila and Salt Riv(M' meridian, Arizona, described as follows: line A P 1—AP 2 south 81 degrees 55 minutes west, 2.443 chains, line AP 2—AP 3 south 20 degrees ^55 minutes oast, 0.800 chains, line A P 3—AP 4 south 66 degrees 31 minutes east, 1.434 chains, line AP 4—AP 5 south 0 degrees 55 minutes east, 3.030 chains, line A P 5—AP 6 south 89 degrees 05 minutes west, 2.879 chains, line AP 6—AP 7 north 0 degrees 55 miimtes west, 4.212 chains, line A P 7—AP 8 south 74 degrees 10 minutes west, 3.036 chains (end of course, intersect the north and south centre line of the southeast quarter of section 3), line AP 8—AP 9 (on the north and south contr-e line of the southeast quarter) south 0 degrees 39 minutes east, 32.10 chains (end of course, the east 1/16 section corner of sections 3 and 10), line A P 9—AP 10 (between sections 3 and 10) north 88 degrees 55 minutes east, 6.69 chains, line A P 10—AP 1 north 0 degrees 42 minutes west, 33.33 chains (end of course, the place of beginning); consisting of 20 acres. In accordance with applicable Federal law and regulations, these lands, which were conveyed to the United States in trust for the Papago Indian Tribe under the provisions of section 5 of the Act of June 18, 1934 (48 Stat. 985), are to be treated as and receive the same benefits and protection as other tribal trust lands within the boundaries of the Papago Indian Reservation. Approved September 10, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1020 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 95-1133 (Comm. on Indian Affairs). CONGRESSIONAL RECORD, Vol. 124 (1978): Apr. 17, considered and passed House. Aug. 25, considered and passed Senate.

Sept. 10, 1978 [H.R. 8397]

Papago Indian Tribe. Lands in trust.

25 USC 465.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/650

 92 STAT. 596

PUBLIC LAW 95-362—SEPT. 11, 1978

Public Law 95-362 95th Congress

^. An Act

Sept 11, 1978 [H.R. 185]

Coast Guard employees, transportation.

rp^ amend section 2632 of title 10, United States Code, to provide the Secretary of the department in which the Coast Guard is operating with the authority to transport Coast Guard employees to and from certain places of employment.

Be it enacted by the /Senate and House of Representatives of the United States of America in Congress assembled, That section 2632 of title 10, United States Code, is amended as follows: (1) In Subsection (a)— (a) by striking the words "of a military department" and inserting in lieu thereof the word "concerned"; and (b) by striking the word "that" where it precedes the words "department, he may" and inserting in lieu thereof the word "his"; (2) In subsection (b) by striking the words "of the military department"; (3) In subsection (c), clause (A) of paragraph (2)— (a) by striking the word "or" and inserting in lieu thereof a comma; and (b) by inserting the words "or the Coast Guard," after the words "Marine Corps,". Approved September 11, 1978.

,..],,;...

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1237 (Comm. on Merchant Marine and Fisheries). SENATE REPORT No. 95-1122 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD, Vol. 124 (1978): June 5, considered and passed House. Aug. 21, considered and passed Senate.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/651

 PUBLIC LAW 95-363—SEPT. 11, 1978

92 STAT. 597

Public Law 95-363 95th Congress An Act To amend the Independent Safety Board Act of 1974 to authorize additional appropriations.

Sept. 11, 1978 [H. R. 12106]

Be it enacted by the Senate and HauBe of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Independent Safety Board Act Amendment of 1978-'. SEC. 2. Section 309 of the Independent Safety Board Act of 1974 (49 U.S.C. 1907) is amended by adding at the end thereof the following: "There are authorized to lie appropriated for the purposes of this Act not to exceed $16,420,000 for the fiscal year ending September 30, 1979, and $17,650,000 for the fiscal year ending September 30, 1980, such sums to remain available until expended.".

Independent Safety Board Act Amendment of 1978. 49 U.S.C. 1901 note. Appropriation authorization.

Approved September 11, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1169, Pt. 1 (Coram, on Public Works and Transportation). CONGRESSIONAL RECORD, Vol. 124 (1978): July 10, considered and passed House. Aug. 14, considered and passed Senate, amended. Aug. 17, House concurred in Senate amendment.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/652

 92 STAT. 598

PUBLIC LAW 95-364—SEPT. 15, 1978

Public Law 95- •364 95th Congress Joint Resolution Sept. 15. 1978 [HJ. Res. 773]

National Port Week. Designation authorization.

Authorizing and requesting the President of the United States to issue a proclamation designating the seven calendar days beginning September 17, 1978, as "National Port Week". Whereas the United States coastal and inland ports make a direct and significant contribution to our national economic well-being; and Whereas much of the history of the United States has been shaped by its ports and interconnecting inland waterways and greatly influenced the growth of various communities; and Whereas ports, in serving United States waterborne commerce, generate significant employment and direct dollar income to the local and regional economies they serve, as well as have a major impact on employment and production in areas far distant from their location; and Whereas United States ports provide a wide variety of services and activities essential to the smooth and efficient conduct of foreign trade and have a direct impact on our balance of payments; and Whereas American ports are a vital asset in maintaining a strong posture in national security: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States is authorized and requested to issue a proclamation designating the seven-day period beginning September 17, 1978, as "National Port Week" and to invite the Governors of the several States, the chief officials of local governments, and the people of the United States to observe such week with appropriate ceremonies and activities. Approved September 15, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1328 (Comm. on Post Office and Civil Service). SENATE REPORT No. 95-1087 accompanying S.J. Res. 148 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 124 (1978): July 10, considered and passed House. Aug. 25, considered and passed Senate.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/653

 PUBLIC LAW 95-365—SEPT. 15, 1978

92 STAT. 599

Public Law 95-365 95th Congress An Act To amend title 5, United States Code, to provide for the application of local withholding taxes to Federal employees who are residents of such locality.

Sept. 15, 1978 [H.R. 8342]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) the second Federal sentence of section 5520(a) of title 5, United States Code, is amended employees, local to read as follows: "The agreement shall provide that the head of each withholding agency of the United States shall comply with the requirements of the taxes. city or county ordinance in the case of any employee of the agency who is subject to the tax and (i) whose regular place of Federal employment is within the jurisdiction of the city or county with which the agreement is made or (ii) is a resident of such city or county.". (b) The last sentence of section 5520(a) of title 5, United States Code, is amended by striking out "not a resident of the State" and inserting in lieu thereof "not a resident of, or whose regular place of Federal employment is not within, the State". SEC. 2. The amendments made by the first section of this Act shall Effective date. take effect on the 90th day after the date of the enactment of this Act. 5 USC 5520 note.

Approved September 15, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 594 (Coram, on Post Office and Civil Service). SENATE REPORT No. 95-1083 (Coram, on Governmental Affairs). CONGRESSIONAL RECORD: Vol. 123 (1977): Sept, 19, considered and passed House. Vol. 124 (1978): Aug. 18, considered and passed Senate.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/654

 92 STAT. 600

PUBLIC LAW 95-366—SEPT. 15, 1978

Public Law 95-366 95th Congress An Act Sept. 15. 1978 [H.R. 8771J

To amend title 5, United States Code, to authorize the Civil Service Commission to comply with the terms of a court decree, order, or property settlement in connection with the divorce, annulment, or legal separation of a Federal employee who is under the civil service retirement system, and for other purposes.

Be it enacted by the Senate and House of Representatives of the Gvil Service United States of America in Congress assembled, That {&) section G)ininis8ion, 8345 of title 5, United States Code, relating to payment of civil service annuities to spouses of retired retirement benefits, is amended by redesignating the last two subsections as subsections (h) and (i) and by adding at the end thereof the federal following new subsection: employees. "(3)(1) Payments under this subchapter which would otherwise be made to an employee, Member, or annuitant based upon his service shall be paid (in whole or in part) by the Commission to another person if and to the extent expressly provided for in the terms of any court decree of divorce, annulment, or legal separation, or the terms of any court order or court-approved property settlement agreement incident to any court decree of divorce, annulment, or legal separation. Any payment under this paragraph to a person bars recovery by any other person. "(2) Paragraph (1) shall only apply to payments made by the Commission under this subchapter after the date of receipt in the Commission of written notice of such decree, order, or agreement, and such additional information and documentation as the Commission may prescribe. 'Court' " (3) As used in this subsection, 'court' means any court of any State or the District of Columbia.". (b) Section 8346(a) of title 5, United States Code, is amended by striking out "section 8346(g)" and inserting in lieu thereof "subsections (n) and (j) of section 8346". 5 USC 8345 SEC. 2. The amendments made by the first section of this Act shall note. only apply to payments made from the Civil Service Retirement and Disability Fund after the date of the enactment of this Act. Approved September 15, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-713 (Comm. on Post Office and GvU Service). SENATE REPORT No. 95-1084 (Comm. on Governmentol Affairs). CONGRESSIONAL RECORD, Vol. 124 (1978): Jan. 23, considered and passed House. Aug. 16, considered and passed Senate.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/655

 PUBLIC LAW 95-367—SEPT. 17, 1978

92 STAT. 601

Public Law 95-367 95th Congress An Act To establish a compreliensive and coordinated national climate policy and program, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "National Climate Program Act". SEC. 2. FINDINGS. The Congress finds and declares the following: (1) Weather and climate change affect food production, energy use, land use, water resources and other factors vital to national security and human welfare. (2) An ability to anticipate natural and man-induced changes in climate would contribute to the soundness of policy decisions in the public and private sectors. (3) Significant improvements in the ability to forecast climate on an intermediate and long-term basis are possible. (4) Information regarding climate is not being fully disseminated or used, and Federal efforts have given insufficent attention to assessing and applying this information. (5) Climate fluctuation and change occur on a global basis, and deficiencies exist in the system for monitoring global climate changes. International cooperation for the purpose of sharing the benefits and costs of a global effort, to understand climate is essential. (6) The United States lacks a well-defined and coordinated program in climate-related research, monitoring, assessment of effects, and information utilization. SEC. 3. PURPOSE. It is the purpose of the Congress in this Act to establish a national climate program that will assist the Nation and the world to understand and respond to natural and man-induced climate processes and their implications. SEC. 4. DEFINITIONS. As used in this Act, unless the context otherwise requires: (1) The term "Office" means the National Climate Program Office. (2) The term "Program" means the National Climate Program. (3) The term "Secretary" means the Secretary of Commerce. SEC. 5. NATIONAL CLIMATE PROGRAM. (a) ESTABLISHMENT.—The President shall establish a National Climate Program in accordance with the provisions, findings and purposes of this Act. (b) DUTIES.—The President shall— (1) promulgate the 5-year plans described in subsection (d)(9); (2) define the roles in the Program of Federal officers, departments, and agencies, including the Departments of Agriculture, Commerce, Defense, Energy, Interior, State, and Transportation; the Environmental Protection Agency; the National Aeronautics

Sept. 17, 1978_ [H.R. 6669] National ClimatB Program Act. 15 USC 2901 note. 15 USC 2901.

15 USC 2902.

15 USC 2903.

15 USC 2904.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/656

 92 STAT. 602

Establishment. Administration.

s-

Five-year plan, submittal to Congress.

PUBLIC LAW 95-367—SEPT. 17, 1978 and Space Administration; the Council on Environmental Quality; the National Science Foundation; and the Office of Science and Technology Policy; and (3) provide for Program coordination. (c) NATIONAL CLIMATE PROGRAM OFFICE.—The Secretary shall establish within the Department of Commerce a National Climate Program Office not later than 30 days after the date of the enactment of this Act. The Office shall be the lead entity responsible for administering the Program. Each Federal officer, employee, department and agency involved in the Program shall cooperate with the Secretary in carrying out the provisions of this Act. (d) PROGRAM ELEMENTS.—The Program shall include, but not be limited to, the following elements: (1) assessments of the effect of climate on the natural environment, agricultural production, energy supply and demand, land and water resources, transportation, human health and national security. Such assessments shall be conducted to the maximum extent possible by those Federal agencies having national programs in food, fiber, raw materials, energy, transportation, land and water management, and other such responsibilities, in accordance with existing laws and regulations. Where appropriate such assessments may include recommendations for action; (2) basic and applied research to improve the understanding of climate processes, natural and man induced, and the social, economic, and political implications of climate change; (3) methods for improving climate forecasts on a monthly, seasonal, yearly, and longer basis; (4) global data collection, and monitoring and analysis activities to provide reliable, useful and readily available information on a continuing basis; (5) systems for the management and active dissemination of climatological data, information and assessments, including mechanisms for consultation with current and potential users; (6) measures for increasing international cooperation in climate research, monitoring, analysis and data dissemination; (7) mechanisms for intergovernmental climate-relaited studies and services including participation by universities, the private sector and others concerned with applied research and advisory services; (8) experimental climate forecast centers. Which shall (A) be responsible for making and routinely updating experimental climate forecasts of a monthly, seasonal, annual, and longer nature, based on a variety of experimental techniques; (B) establish procedures to have forecasts reviewed and their accuracy evaluated; and (C) protect against premature reliance on such experimental forecasts; and (9) a preliminary 5-year plan, to be submitted to the Congress for review and comment, not later than 180 days after the enactment of this Act, and a final 5-year plan to be submitted to the Congress not later than 1 year after the enactment of this Act, that shall be revised and extended biennially. Each plan shall establish the goals and priorities for the Program, including the intergovernmental program under section 6, over the subsequent 5-year period, and shall contain details regarding (A) the role of Federal agencies in the programs, (B) Federal funding required to enable the Program to achieve such goals, and (C) Program accomplish-

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Page:United States Statutes at Large Volume 92 Part 1.djvu/657

 PUBLIC LAW 95-367—SEPT. 17, 1978 ments that must be achieved to ensure that Program goals are met within the time frame established by the plan. (e) ADVISORY COMMITTEE AND INTERAGENCY GROUPS.—(1) The Secretary shall establish and maintain an advisoiy committee of users and producers of climate data, information and services to advise the Secretary and the Congress on the conduct of the Program. Members of such committee shall not be employed by the Federal Government and may receive compensation at the daily rate for GS-16 of the General Schedule for each day engaged in the actual performance of their duties for the committee and while so serving away from their homes or regular place of business may be allowed travel expenses, including per diem in lieu of subsistence. (2) The Secretary shall establish and maintain such interagency groups as are necessary and appropriate to assist in carrying out responsibilities under this Act. (f) COOPERATION.—(1) The Program shall be conducted so as to encourage cooperation with, and participation in the Program by, other organizations or agencies involved in related activities. For this purpose the Secretary shall cooperate and participate with other Federal agencies, and foreign, international, and domestic organizations and agencies involved in international or domestic climate-related programs. (2) The Secretary and the Secretary of State shall cooperate in (A) providing representation at climate-related international meetings and conferences in which the United States participates, and (B) coordinating the activities of the Program with the climate programs of other nations and international agencies and organizations, including the World Meteorological Organization, the International Council of Scientific Unions, the United Nations Environmental Program, the United Nations Educational, Scientific, and Cultural Organization, the World Health Organization, and Food and Agriculture Organization. (g) BUDGETING.— (1) Each Federal agency and department participating in the Program, shall prepare and submit to the Office of Management and Budget, on or before the date of submission of departmental requests for appropriations to the Office of Management and Budget, an annual request for appropriations for the Program for the subsequent fiscal year. The Office of Management and Budget shall review the request for appropriations as an integrated, coherent, multiagency request. (2) Section 304 of the Act of October 18, 1962 (31 U.S.C. 25) (relating to preparation of horizontal budgets for meteorology), is amended— (A) by inserting "and of the National Climate Program established under the National Climate Program Act" after "meteorology", and (B) by striking out "aspects of the program" and inserting in lieu thereof "aspects of the programs". The amendments made by the preceding sentence shall apply with respect to budgets submitted for fiscal years beginning 6 months or more after the date of the enactment of this Act. SEC. 6. INTERGOVERNMENTAL CLIMATE PROGRAMS.

(a) ESTABLISHMENT.—The Secretary shall establish a program for Federal and State cooperative activities in climate studies and advisory services. The Secretary is authorized to make annual grants to any State or group of States, sudh grants to be made available to public or private educational institutions, to State agencies and to other persons or institutions qualified to conduct climate-related studies or provide

39-194 O—80—pt. 1

42: QL3

92 STAT. 603

Establishment.

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

Annual appropriation request to OMB.

Horizontal budgets.

Effective date. 31 USC 25 note. 15 USC 2905. Federal and Strte cooperative activities. Grants.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/658

 92 STAT. 604 Limitation. Restriction.

PUBLIC LAW 95-367—SEPT. 17, 1978 climate-related services. Such grants may be made for not more than 50 percent of the costs, in any one year, of the research conducted or services provided under the grant. Federal funds received from other sources shall not be used to pay the remaining share of the cost of such research or services. The Secretary shall work with other appropriate mission agencies in conducting this program. (b) DETAIL OF THE INTERGOVERNMENTAL PROGRAM.—The intergov-

ernmental program shall provide, among others, the following State and regional services and functions: (1) studies relating to and analyses of climatic effects on agricultural production, water resources, energy needs, and other critical sectors of the economy; (2) atmospheric data collection and monitoring on a statewide and regional basis; (3) advice to regional, State, and local government agencies regarding climate-related issues; (4) information to users within the State regarding climate and climatic effects; and (5) information to the Secretary regarding the needs of persons withm the State for climate-related services, information and data. (c) INTERGOVERNMENTAL PROGRAM REQUIREMENTS.—Prior to making a grant to any State or group of States under this section, the Secretary shall find that— (1) the State, or each of the States in a group, has adopted a State climate program in accordance with the provisions of this Act and rules and regulations promulgated by the Secretary; and (2) the State, or each of the States in a group has— (A) integrated its climate program with the Program; and (B) established an effective mechanism for consultation and coordination with Federal and local government officials and users within the State. The Secretary ^hall insure that grants made to a State or group of States under this section are made on an equitable basis. 15 USC 2906.

SEC. 7. ANNUAL REPORT.

Report to President and congressional committees.

The Secretary shall prepare and silbmit to the President and the authorizing committees of the Congress, not later than January 30 of each year, a report on the activities conducted pursuant to this Act during the preceding fiscal year, including— (a) a summary of the achievements of the Program during the previous fiscal year; (b) an analysis of the progress made toward achieving the goals and objectives of the Program; (c) a copy of the 5-year plan and any changes made in such plan; (d) a summary of the multiagency budget request for the Program of subsection 5(g); and (e) any recommendations for additional legislation which may be required to assist in adhieving the purposes of the Act. SEC. 8 CONTRACT AND GRANT AUTHORITY; RECORDS AND AUDITS. . (a) Functions vested in any Federal officer or agency by this Act or under the Program may be exercised through the facilities and personnel of the agency involved or, to the extent provided or approved in advance in appropriation Acts, by other persons or entities under contracts or grant arrangements entered into by such officer or agency.

15 USC 2907.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/659

 PUBLIC LAW 95-367—SEPT. 17, 1978

92 STAT. 605

('b)(l) Each person or entity to which Federal funds are made available under a contract or grant arrangement as authorized by this Act shall keep such records as the Director of the Office shall prescribe, including records which fully disclose the amount and disposition by such person or entity of such funds, the total cost of the activities for which such funds were so made available, the amount of that portion of such cost supplied from other sources, and such other records as will facilitate an effective audit. (2) The Director of the Office and the Comptroller General of the United States, or any of their duly authorized representatives, shall, until the expiration of 3 years after the completion of the activities (referred to in paragraph (1)) of any person or entity pursuant to any contract or grant arrangement referred to in subsection (a), have access for the purpose of audit and examination to any books, documents, papers, and records of such person or entity which, in the judgment of the Director or the Comptroller General, may be related or pertinent to such contract or grant arrangement. SEC. 9. AUTHORIZATION FOR APPROPRIATIONS. (a) GENEKAL AUTHORIZATION OF APPROPRIATION.—In addition to any

other funds otherwise authorized to be appropriated for the purpose of conducting climate-related programs, there are authorized to be appropriated to the Secretary, for the purpose of carrying out the provisions of this Act, not to exceed $50,000,000 for the fiscal year ending September 30, 1979, and not. to exceed $65,000,000 for the fiscal year ending September 30, 1980. (b)

AUTHORIZATION OF APPROPRIATION FOR GRANTS.—There

are

authorized to be appropriated to the Secretary sums not to exceed $10,000,000 for the fiscal year ending September 30, 1979, and not to exceed $10,000,000 for the fiscal year ending September 30, 1980, as may be necessary for grants under section 6 of this Act, to remain available until expended. Approved September 17, 1978.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 95-266 (Comm. on Science and Technology) and No. 95-1489 (Comm. of Conference). SENATE REPORT No. 95-740 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD: VoL 123 (1977): Sept. 9, considered and passed House. VoL 124 (1978): Apr. 24, considered and passed Senate, amended. Aug. 17, Senate agreed to conference report. Sept. 6, House agreed to conference report.

Recordkeeping.

Accessibility to records.

15 USC 2908.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/660

 92 STAT. 606

PUBLIC LAW 95-368—SEPT. 17, 1978

Public Law 95-368 95th Congress An Act Sept. 17. 1978 [H.R. 2931]

Federal employees. Uniformity in health benefits, establishment.

Effective date; limitation.

5 USC 8902

note.

To amend chapter 89 of title 5, United States Code, to establish uniformity in Federal employee health benefits and coverage by preempting certain State or local laws which are inconsistent with such contracts, 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 8902 of title 5, United States Code, relating to contracts for Federal employee health benefits plans, is amended by adding at the end thereof the following new subsection: "(m)(1) The provisions of any contract under this chapter which relate to the nature or extent of coverage or benefits (including payments with respect to benefits) shall supersede and preempt any State or local law, or any regulation issued thereunder, which relates to health insurance or plans to the extent that such law or regulation is inconsistent with such contractual provisions. "(2)(A) Notwithstanding the provisions of paragraph (1) of this subsection, if a contract under this chapter provides for the provision of, the payment for, or the reimbursement of the cost of health services for the care and treatment of any particular health condition, the carrier shall provide, pay, or reimburse up to the limits of its contract for any such health service properly provided by any person licensed under State law to provide such service if such service is provided to an individual covered by such contract who is a member of a medically underserved population (within the meaning of section 1302(7) of the Public Health Service Act (42 U.S.C. 300e-l7)). "(B) The provisions of subparagraph (A) shall not apply to contracts entered into providing prepayment plans described in section 8903(4) of this title.". SEC. 2. Section 8901(8) of title 5, United States Code, is amended by striking out "before January 1, 1964" and inserting in lieu thereof "after December 31, 1978, and before January 1, 1980". SEC. 3. The provisions of section 8902(m)(2) of title 5, United States Code, as added by the first section of this Act, shall apply to services provided under any contract entered into or renewed after December 31, 1979; except that such provisions shall not apply to services provided after December 31, 1984. Approved September 17, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-282 (Comm. on Post Office and Civil Service). SENATE REPORT No. 95-903 (Comm. on Governmental Affairs). CONGRESSIONAL RECORD: Vol. 123 (1977): June 20, considered and passed House. Vol. 124 (1978): June 5, considered and passed Senate, amended. Aug. 10, House concurred in certain Senate amendments, in others with amendments. Aug. 25, Senate concurred in House amendments.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/661

 PUBLIC LAW 95-369—SEPT. 17, 1978

Public Law 95-369 95th Congress

92 STAT. 607

An Act

To provide for Federal regulation of participation by foreign banks in domestic financial markets.

Sept. 17, 1978 [H.R. 10899]

Be it enacted iy the Senate aind Hcyase of Representatives of the International United States of America in Congress assembled,

Banking Act of 1978. SHORT TITLE; DEFINITIONS AND RULES OF CONSTRUCTION 12 USC 3101 SECTION 1. (a) This Act may be cited as the "International Banking note.

Act of 1978". 12 USC 3101. (b) For the purposes of this Act— (1) "agency" means any office or any place of business of a foreign bank located in any State of the United States at which credit balances are maintained incidental to or arising out of the exercise of banking powers, checks are paid, or money is lent but at which deposits may not be 'accepted from citizens or residents of the United States; (2) "Board" means the Board of Governors of the Federal Reserve System; (3) "branch" means any office or any place of business of a foreign bank located in any State of the United States at which deposits are received; (4) "Comptroller" means the Comptroller of the Currency; (5) "Federal agency" means an agency of a foreign bank established and operating under section 4 of this Act; (6) "Federal branch" means a branch of a foreign bank established and operating under section 4 of this Act; (7) "foreign bank" means any company organized under the laws of a foreign country, a territory of the United States, Puerto Rico, Guam, American Samoa, or the Virgin Islands, which engages in the business of banking, or any subsidiary or affiliate, organized under such laws, of any such company. For the purposes of this Act the term "foreign bank" includes, without limitation, foreign commercial banks, foreign merchant banks and other for e i ^ institutions that engage in banking activities usual in connection with the business of banking in the countries where such foreign institutions are organized or operating; (8) "foreign country" means any country other than the United States, and includes any colony, dependency, or possession of any such country; (9) "commercial lending company" means any institution, other than a bank or an organization operating under section 25 of the Federal Reserve Act, organized under the laws of any State of the United States, or the District of Columbia which maintains credit balances incidental to or arising out of the exercise of banking powers and engages in the business of making commercial loans; (10) "State" means any State of the United States or the District of Columbia; (11) "State agency" means an agency of a foreign bank established and operating under the laws of any State;

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Page:United States Statutes at Large Volume 92 Part 1.djvu/662

 92 STAT. 608

12 USCI841.

PUBLIC LAW 95-369—SEPT. 17, 1978 (12) "State branch" means a branch of a foreign bank established and operating under the laws of any State; (13) the terms "bank", "bank holding company", "company", "control", and "subsidiary" have the same meanings assigned to those terms in the Bank Holding Company Act of 1956, and the terms "controlled" and "controlling" shall be construed consistently with the term "control" as defined in section 2 of the Bank Holding Company Act of 1956; and (14) "consolidated" means consolidated in accordance with generally accepted accounting principles in the United States consistently applied. DIRECTORS OF NATIONAL BANKS

SEC. 2. Section 5146 of the Revised Statutes (12 U.S.C. 72) is amended by striking out the period at the end of the first sentence and adding the following new provision: ", except that in the case of an association which is a subsidiary or affiliate of a foreign bank, the Comptroller of the Currency may in his discretion waive the requirement of citizenship in the case of not more than a minority of the total number of directors.". EDGE ACT CORPORATIONS

12 USC 611a oote. 611 6^1

Effective date.

^ 12 USC 6Ila.

S E C 3. (a) I t is the purpose of this section to eliminate or modify provisions in section 25(a) of the Federal Eeserve Act that (1) discriminate against foreign-owned banking institutions, (2) disadvantage or unnecessarily restrict or limit corporations organized under section 25(a) of the Federal Reserve Act in competing with foreignowned banking institutions in the United States or abroad or (3) impede the attainment of the Congressional purposes set forth in section 26(a) of the Federal Reserve Act as amended by subsection (b) of this section. In furtherance of such purpose, the Congress believes that the Board should review and revise its rules, regulations, and interpretations issued pursuant to section 25(a) of the Federal Reserve Act to eliminate or modify any restrictions, conditions, or limitations not required by section 25(a) of the Federal Reserve Act, as amended, that (1) discriminate against foreign-owned banking institutions, (2) disadvantage or unnecessarily restrict or limit corporations organized under section 25(a) of the Federal Reserve Act in competing with foreign-owned banking institutions in the United States or abroad, or (3) impede the attainment of the Congressional purposes set forth in section 25(a) of the Federal Reserve Act as amended by subsection (b) of this section. Rules and regulations pursuant to this subsection and section 25(a) of the Federal Reserve Act shall be issued not later than 150 days after the date of enactment of this section and shall be issued in final form and become effective not later than 120 days after they are first issued. (b) Section 25(a) of the Federal Reserve Act is amended by adding after the first paragraph (12 U.S.C. 611), the following new paragraph: "The Congress hereby declares that it is the purpose of this section to provide for the establishment of international banking and financial corporations operating under Federal supervision with powers sufficiently broad to enable them to compete effectively with similar foreign-owned institutions in the United States and abroad; to afford to the United States exporter and importer in particular, and to United

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Page:United States Statutes at Large Volume 92 Part 1.djvu/663

 PUBLIC LAW 95-369—SEPT. 17, 1978

92 STAT. 609

States commerce, industry, and agriculture in general, at all times a means of financing international trade, especially United States exports; to foster the participation by regional and smaller banks throughout the United States m the provision of international banking and financing services to all segments of United States agriculture, commerce, and industry, and, in particular small business and farming concerns; to stimulate competition in the provision of international banking and financing services throughout the United States; and, in conjunction with each of the preceding purposes, to facilitate and stimulate the export of United States goods, wares, merchandise, commodities, and services to achieve a sound United States international trade position. The Board of Governors of the Federal Reserve Regulations. System shall issue rules and regulations under this section consistent with and in furtherance of the purposes described in the preceding sentence, and, in accordance therewith, shall review and revise any such rules and regulations at least once every five years, the first such period commencing with the effective date of rules and regulations issued pursuant to section 3(a) of the International Banking Act of 1978, in order to ensure that such purposes are being served in light of prevailing economic conditions and banking practices.". (c) The second sentence of the fourth paragraph of section 25(a) of the Federal Reserve Act (12 U.S.C. 614) is amended by striking out ", all of whom shall be citizens of the United States" after "to elect or appoint directors". (d) The first sentence of the ^ixth paragraph of section 25(a) of the '• Federal Reserve Act (12 U.S.C. 615(a)) is amended by striking ", but in no event having liabilities outstanding thereon at any one time exceeding ten times its capital stock and surplus"; and the first sentence of the twelfth paragraph of section 25(a) of the Federal Reserve Act (12 U.S.C. 618) is amended by inserting a period after "and in section 25 of the Federal Reserve Act as amended", and by striking the remainder of the sentence. (e) The third sentence of the sixth paragraph of section 25(a) of the Federal Reserve Act (12 U.S.C. 615(a)) is amended by striking ", but in no event less than ten per centum of its deposits" and inserting in lieu thereof "for member banks of the Federal Reserve System". (f) The thirteenth paragraph of section 25(a) of the Federal Reserve Act (12 U.S.C. 619) is deleted and the following paragraph is inserted in lieu thereof: "Except as otherwise provided in this section, a majority of the shares of the capital stock of any such corporation shall at all times ' be held and owned by citizens of the United States, by corporations the controlling interest in which is owned by citizens of the United States, chartered under the laws of the United States or of a State of the United States, or by firms or companies, the controlling interest in which is owned by citizens of the United States. Notwithstanding any other provisions of this section, one or more foreign banks, institutions organized under the laws of foreign countries which own or control foreign banks, or banks organized under the laws of the United States, the States of the United States, or the District of Columbia, the controlling interests in which are owned by any such foreign banks or institutions, may, with the prior approval of the Board of Governors of the Federal Reserve System and upon such terms and conditions and subject to such rules and regulations as the Board of Governors of the Federal Reserve System may prescribe, own and hold 50 per centum or more of the shares of the capital stock of

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Page:United States Statutes at Large Volume 92 Part 1.djvu/664

 92 STAT. 610

Definitions.

12 USC 1841. Report to Congress. 12 USC 247 note.

12 USC 601-631. 12 USC 247 note.

12 USC 241-247.

12 USC 601-631.

PUBLIC LAW 95-369—SEPT. 17, 1978 any corporation organized under this section, and any such corporation shall be subject to the same provisions of law as any other corporation organized under this section, and the terms 'controls' and 'controlling interest' shall be construed consistently with the definition of 'control' in section 2 of the Bank Holding Company Act of 1956. For the purposes of the preceding sentence of this paragraph the term 'foreign bank' shall have the meaning assigned to it in the International Banking Act of 1978.". (g) The Board shall report to the Congress not later than 270 days after the date of enactment of this Act its recommendations with respect to permitting corporations organized or operating under section 25 or 25(a) of the Federal Reserve Act, to become members of Federal Reserve Banks. (h) As part of its annual report pursuant to section 10 of the Federal Reserve Act, the Board shall include its assessment of the effects of the amendments made by this Act on the capitalization and activities of corporations organized or operating under section 25 or 25(a) of the Federal Reserve Act, and on commercial banks and the banking system. FEDERAL BRANCHES AND AGENCIES

12 USC 3102.

Regulations.

12 USC 38.

12 USC 221. 12 USC 1 8 1 3.

SEC. 4. (a) Except as provided in section 5, a foreign bank which engages directly in a banking business outside the United States may, with the approval of the Comptroller, establish one or more Federal branches or agencies in any State in which (1) it is not operating a branch or agency pursuant to State law and (2) the establishment of a branch or agency, as the case may be, by a foreign bank is not prohibited by State law. (b) In establishing and operating a Federal branch or agency, a foreign bank shall be subject to such rules, regulations, and orders as the Comptroller considers appropriate to carry out this section, which shall include provisions for service of process and maintenance of branch and agency accounts separate from those of the parent bank. Except as otherwise specifically provided in this Act or in rules, regulations, or orders adopted by the Comptroller under this section, operations of a foreign bank at a Federal branch or agency shall be conducted with the same rights and privileges as a national bank at the same location and shall be subject to all the same duties, restrictions, penalties, liabilities, conditions, and limitations that would apply under the National Bank Act to a national bank doing business at the same location, except that (1) the requirements of section 5240 of the Revised Statutes (12 U.S.C. 481) shall be met with respect to a Federal branch or agency if it is examined at least once in each calendar year; (2) any limitation or restriction based on the capital stock and surplus of a national bank shall be deemed to refer, as applied to a Federal branch or agency, to the dollar equivalent of the capital stock and surplus of the foreign bank, and if the foreign bank has more than one Federal branch or agency the business transacted by all such branches and agencies shall be aggregated in determining compliance with the limitation; (3) a Federal branch or agency shall not be required to become a member bank, as that term is defined in section 1 of the Federal Reserve Act; and (4) a Federal agency shall not be required to become an insured bank as that term is defined in section 3(h) of the Federal Deposit Insurance Act.

. U ^U.U^..i,.«U-,-U*J...

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Page:United States Statutes at Large Volume 92 Part 1.djvu/665

 PUBLIC LAW 95-369—SEPT. 17, 1978

92 STAT. 611

(c) In acting on any application to establish a Federal branch or agency, the Comptroller shall take into account the effects of the proposal on competition in the domestic and foreign commerce of the United States, the financial and managerial resources and future prospects of the applicant foreign bank and the branch or agency, and the convenience and needs of the community to be served. (d) Notwithstanding any other provision of this section, a foreign bank shall not receive deposits or exercise fiduciary powers at any Federal agency. A foreign bank may, however, maintain at a Federal agency for the account of others credit balances incidental to, or aris^ ing out of, the exercise of its lawful powers. (e) No for e i ^ bank may maintain both a Federal branch and a Federal agency m the same State. (f) Any branch or agency operated by a foreign bank in a State pursuant to State law and any commercial lending company controlled by a foreign bank may be converted into a Federal branch or agency with the approval of the Comptroller. In the event of any conversion pursuant to this subsection, all of the liabilities of such foreign bank previously payable at the State branch or agency, or all of the liabilities of the commercial lending company, shall thereafter be payable by such foreign bank at the branch or agency established under this subsection. (g)(1) Upon the opening of a Federal branch or agency in any Regulations. State and thereafter, a foreign bank, in addition to any deposit requirements imposed under section 6 of this Act, shall keep on deposit, in accordance with such rules and regulations as the Comptroller may prescribe, with a member bank designated by such foreign bank, dollar deposits or investment securities of the type that may be held by national banks for their own accounts pursuant to paragraph "Seventh" of section 5136 of the Revised Statutes, as amended, in an 12 USC 24. amount as hereinafter set forth. Such depository bank shall be located in the State where such branch or agency is located and shall be approved by the Comptroller if it is a national bank and by the Board of Governors of the Federal Reserve System if it is a State Bank. (2) The aggregate amount of deposited investment securities (calculated on the basis of principal amount or market value, whichever is lower) and dollar deposits for each branch or agency established and operating under this section shall be not less than the greater of (1) that amount of capital (but not surplus) which would be required of a national bank being organized at this location, or (2) 6 per centum of the total liabilities of such branch or agency, including X;-i-r.*?}! acceptances, but excluding (A) accnied expenses, and (B) amounts due and other liabilities to offices, branches, agencies, and subsidiaries of such foreign bank. The Comptroller may require that the assets deposited pursuant to this subsection shall be maintained in such amounts as he may from time to time deem necessary or desirable, for the maintenance of a soimd financial condition, the protection of depositors, and the public interest, but such additional amount shall in no event be greater than would be required to conform to generally accepted banking practices as manifested by banks in the area in which the branch or agency is located. (3) The deposit shall be maintained with any such member bank pursuant to a deposit agreement in such form and containing such limitations and conditions as the Comptroller may prescribe. So long

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