HOUSE REPORTS: No. 94- 880, Pt. I and No. 94-880, Pt. 2, accompanying SENATE REPORTS: No. 94-354 (Comm. on Government Operations), No. 94- CONGRESSIONAL RECORD: Vol. 121 (1975) Nov. 5, 6, considered and passed Senate. Aug. 31, House and Senate agreed to conference report. Vol. 12, No. 38 (1976) Sept. 13, Presidential statement. 90 STAT. 1248 Travel expenses. Payment limitation. 5 USC 8101 et seq. Ante, p. 8039. لے 29 USC 791. Ante, p. 3039. Effective date. "(dx1) In the case of any handicapped employee (including a blind or deaf employee) traveling on official business, the head of the agency may authorize the payment to an individual to accompany or assist (or both) the handicapped employee for all or a portion of the travel period involved. Any payment under this subsection to such an individual may be made either directly to that individual or by advancement or reimbursement to the handicapped employee. "(2) With respect to any individual paid to accompany or assist a handicapped employee under paragraph (1) of this subsection "(A) the amount paid to that individual shall not exceed the limit or limits which the Office of Personnel Management shall prescribe by regulation to ensure that the payment does not exceed amounts (including pay and, if appropriate, travel expenses and per diem allowances) which could be paid to an employee assigned to accompany or assist the handicapped employee; and "(B) that individual shall be considered an employee, but only for purposes of chapter 81 of this title (relating to compensation for injury) and sections 2671 through 2680 of title 28 (relating to tort claims). "(e) This section may not be held or considered to prevent or limit in any way the assignment to a handicapped employee (including a blind or deaf employee) by an agency of clerical or secretarial assistance, at the expense of the agency under statutes and regulations currently applicable at the time, if that assistance normally is provided, or authorized to be provided, in that manner under currently applicable statutes and regulations.". (b) The item relating to section 3102 in the analysis of chapter 31 of title 5, United States Code, is amended to read as follows: "8102. Employment of personal assistants for handicapped employees, including blind and deaf employees.”. (cX1) Section 604(aX16XA) of title 28, United States Code, is amended by striking out "8102" and inserting in lieu thereof "8102(b)". (2) Section 410bX1) of title 39, United States Code, is amended by striking out "3102 (employment of reading assistants for blind employees and interpreting assistants for deaf employees)," and inserting in lieu thereof "section 3102 (employment of personal assistants for blind, deaf, or otherwise handicapped employees),". SEC. 2. Section 7(dX1) of the Federal Advisory Committee Act (5 U.S.C. App.) is amended by striking out "and" at the end of subparagraph (A), by striking out the period at the end of subparagraph (B) and inserting "; and" in lieu thereof, and by adding at the end thereof the following new subparagraph: "(C) such members "(i) who are blind or deaf or who otherwise qualify as handicapped individuals (within the meaning of section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 794)), and "(ii) who do not otherwise qualify for assistance under section 3102 of title 5, United States Code, by reason of being an employee of an agency (within the meaning of section 8102 (ax1) of such title 5), may be provided services pursuant to section 8102 of such title 5 while in performance of their advisory committee duties.". SEC. 3. The amendments made by this Act shall take effect sixty 5 USC 3102 note. days after the date of the enactment of this Act. SEC. 4. (a) Section 8332 of title 5, United States Code, is amended by adding at the end thereof the following new subsection: mendations as he may deem proper as to the best means of preventing such injuries". (c) The second sentence of section 19(b) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 668(b), 84 Stat. 1590) is repealed. REPORTS BY THE DEPARTMENT OF TRANSPORTATION SEC. 111. (a) Section 151(g) of title 23, United States Code (87 Stat. 285), is amended by striking out the third and fourth sentences and inserting in lieu thereof, "No State shall submit any such report to the Secretary for any year after the second year following completion of the pavement marking program in that State.". (b) Section 602 of the Regional Rail Reorganization Act of 1973 (45 Repeal. U.S.C. 792; 87 Stat. 1022) is repealed. (c) Section 4417a(19) of the Revised Statutes (46 U.S.C. 391a(19)) is repealed. (d) Section 515 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 835; 90 Stat. 82) is repealed. (e) Section 10 of the Emergency Rail Services Act of 1970 (45 Repeal. U.S.C. 669; 84 Stat. 1978) is repealed. REPORT BY THE DEPARTMENT OF THE TREASURY SEC. 112. Section 602(c) of the Act of June 3, 1980, entitled "An Act to provide for increased participation by the United States in the Inter-American Development Bank, and the African Development Fund" (22 U.S.C. 262j(c); 94 Stat. 433), is repealed. REPORT BY THE INTERSTATE COMMERCE COMMISSION SEC. 113. Section 10327(j) of title 49, United States Code (92 Stat. 1350), is amended by striking out the last two sentences. REPORT BY THE NATIONAL AERONAUTICS AND SPACE ADMINISTRATION SEC. 114. Section 2304(e) of title 10, United States Code, is repealed. REPORT BY THE NUCLEAR REGULATORY COMMISSION SEC. 115. Section 11 of the Act of November 6, 1978, entitled "An Repeal. Act to authorize appropriations to the Nuclear Regulatory Commis sion for fiscal year 1979, and for other purposes" (42 U.S.C. 2205a; 92 Stat. 2953), is repealed. TITLE II-MODIFICATIONS REPORTS BY THE EXECUTIVE OFFICE OF THE PRESIDENT SEC. 201. (a) Section 552a(eX4) of title 5, United States Code, is amended by striking out "at least annually" and inserting in lieu thereof "upon establishment or revision" (b) Subsection (p) of section 552a of title 5, United States Code, is amended to read as follows: "(p) ANNUAL REPORT.-The President shall annually submit to the Speaker of the House of Representatives and the President pro tempore of the Senate a report "(1) describing the actions of the Director of the Office of Management and Budget pursuant to section 6 of the Privacy Act of 1974 during the preceding year; "(2) describing the exercise of individual rights of access and amendment under this section during such year; “(3) identifying changes in or additions to systems of records; "(4) containing such other information concerning administration of this section as may be necessary or useful to the Congress in reviewing the effectiveness of this section in carrying out the purposes of the Privacy Act of 1974.". (c) Effective July 1, 1983, section 6(c) of the Federal Advisory Committee Act (5 U.S.C. App.) is amended by striking out the first sentence and inserting in lieu thereof the following: "The President shall, not later than December 31 of each year, make an annual report to the Congress on the activities, status, and changes in the composition of advisory committees in existence during the preceding fiscal year.". REPORTS BY THE DEPARTMENT OF COMMERCE SEC. 202. (a) Section 302(d) of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1432(d)) is amended to read as follows: "(d) The Secretary shall submit a biennial report to the Congress, on or before March 1 of every other year beginning in 1984, setting forth a comprehensive review of his actions during the previous two fiscal years undertaken pursuant to the authority of this section, together with appropriate recommendation for legislation considered necessary for the designation and protection of marine sanctuaries.". (b) Section 7 of the National Climate Program Act of 1978 (15 U.S.C. 2906) is amended by striking out "not later than January 30 of each year" and inserting in lieu thereof "not later than March 31 of each year". (c) Section 4(a) of the National Ocean Pollution Research and Development and Monitoring Planning Act of 1978 (33 U.S.C. 1703(a)) is amended by striking out "and a revision of the plan shall be prepared and so submitted by September 15 of each odd-numbered year occurring after 1979" and inserting in lieu thereof "and a revision of the plan shall be prepared and so submitted by September 15 every three years after 1979". (d) Section 8 of the Fair Packaging and Labeling Act (15 U.S.C. 1457) is amended by striking out the following: "or to participate in the development of voluntary product standards with respect to any consumer commodity under procedures referred to in section 5(d) of this Act,". REPORTS BY THE DEPARTMENT OF DEFENSE SEC. 203. (aX1) Section 808(a) of the Department of Defense Appropriation Authorization Act, 1978 (50 U.S.C. 1520(a), 91 Stat. 334) is amended by striking out clause (1) and by striking out "(2)". (2) Section 409(a) of the Act of November 19, 1969 (50 U.S.C. 1511(a), 83 Stat. 209), is amended by adding the following sentence at the end thereof: "The report shall include a full accounting of all experiments and studies conducted by the Department of Defense in the preceding year, whether directly or under contract, which (a) This subpart defines the policies, establishes minimum requirements, and provides guidance to agency management for the establishment, operation, administration, and duration of advisory committees subject to the Federal Advisory Committee Act, as amended. Reporting requirements which keep the Congress and the public informed of the number, purpose, membership, activities, and cost of these advisory committees are also included. (b) The Act and this subpart do not apply to advisory meetings or groups listed in S 101-6.1004. The policy to be followed by Federal departments, agencies, and commissions, consistent with the Federal Advisory Committee Act, as amended, is as follows: (a) An advisory committee shall be established only when it is essential to the conduct of agency business. Decision criteria include whether committee deliberations will result in the creation or elimination of, or change in regulations, guidelines, or rules affecting agency business; whether the information to be obtained is already available through another advisory committee or source within the Federal Government; whether the committee will make recommendations resulting in significant improvements in service or reductions in cost; or whether the committee's recommendations will provide an important additional perspective or viewpoint impacting agency operations; (b) An advisory committee shall be terminated whenever the stated objectives oft the committee have been accomplished; the subject matter or work of the committee has become obsolete by the passing of time or the assumption of the committee's main functions by another entity within the Federal Government; or the agency determines that the cost of operation is excessive in relation to the benefits accruing to the Federal Government; (c) An advisory committee shall be fairly balanced in its membership in terms of the points of view represented and the functions to be performed; and (d) An advisory committee shall be open to the public in its meetings except in those circumstances where a closed meeting shall be determined proper and consistent with the provisions in the Government in the Sunshine Act, 5 U.S.C. 552(b). S 101-6.1003 Definitions. "Act" means the Federal Advisory Committee Act, as amended, 5 U.S.C., App. "Administrator" means the Administrator of General Services. "Advisory committee" subject to the Act means any committee, board, commission, council, conference, panel, task force, or other similar group, or any subcommittee or other subgroup thereof, which is established by statute, or established or utilized by the President or any agency official for the purpose of obtaining advice or recommendations on issues or policies which are within the scope of his or her responsibilities. "Agency" has the same meaning as in section 551 (1) of Title 5 of the United States Code. "Committee Management Secretariat" ("Secretariat"), established pursuant to the Act is responsible for all matters relating to advisory committees, and carries out the Administrator's responsibilities under the Act and Executive Order 12024. "Committee member" means an individual who serves by appointment on an advisory committee and has the full right and obligation to participate in the activities of the committee, including voting on committee recommendations. "Presidential advisory committee" means any advisory committee which advises the President. It may be established by the President or by the Congress, or used by the President in the interest of obtaining advice or recommendations for the President. "Independent Presidential advisory committee" means any Presidential advisory committee not assigned by the President, or the President's delegate, or by the Congress in law, to an agency for administrative and other support and for which the Administrator of General Services may provide administrative and other support on a reimbursable basis. "Staff member" means any individual who serves in a support capacity to an advisory committee. "Utilized" (or "used"), as referenced in the definition of "Advisory committee" in this FEDERAL PROPERTY MANAGEMENT REGULATIONS (AMENDMENT A-48, AUGUST 1989) |