-CITE-

15 USC CHAPTER 64 - METHANE TRANSPORTATION RESEARCH,

DEVELOPMENT, AND DEMONSTRATION 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 64 - METHANE TRANSPORTATION RESEARCH, DEVELOPMENT, AND

DEMONSTRATION

.

-HEAD-

CHAPTER 64 - METHANE TRANSPORTATION RESEARCH, DEVELOPMENT, AND

DEMONSTRATION

-MISC1-

Sec.

3801. Congressional statement of findings and declaration of

policy.

3802. Definitions.

3803. Duties of Secretary of Energy.

(a) Designation of management entity for program.

(b) Monitoring and management of program; agreements

with other Federal departments and agencies.

(c) Assurances respecting scope of program

activities.

(d) Implementation of program; administrative

procedures, etc., applicable.

3804. Coordination with other Federal departments and agencies.

(a) Related responsibilities and regulatory

activities.

(b) Scope of assistance.

3805. Research and development activities.

3806. Demonstrations.

(a) Development of data assessing current

state-of-the-art.

(b) Guidelines; promulgation, criteria, scope, etc.

(c) Fiscal year limitations.

(d) Duration; recordkeeping requirements.

(e) Selection of proposed demonstrations;

discretionary and mandatory criteria.

3807. Use of methane-fueled vehicles by Federal agencies and

departments.

3808. Repealed.

3809. Authorization of appropriations; required funding.

3810. Relationship to other laws.

(a) Modification or waiver.

(b) Promulgation of rules.

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15 USC Sec. 3801 01/06/03

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CHAPTER 64 - METHANE TRANSPORTATION RESEARCH, DEVELOPMENT, AND

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-HEAD-

Sec. 3801. Congressional statement of findings and declaration of

policy

-STATUTE-

(a) The Congress finds and declares that -

(1) gasoline and diesel fuel for vehicular use are in short

supply and constitute a sizable portion of domestic petroleum

consumption;

(2) methane use in fleet-operated vehicles would result in

substantial reduction in oil imports;

(3) methane is in more abundant domestic supply than petroleum

products, is the primary component of natural gas and can be

derived in increased quantities from coal, biomass, waste

products, and other renewable resources;

(4) recoverable methane presently available in the United

States is not fully utilized;

(5) test results to date indicate that methane use as a

substitute for gasoline as a motor fuel can result in emission

reductions;

(6) experience to date has shown methane to be a safe motor

fuel in properly modified vehicles and is therefore particularly

suitable as fuel for fleet vehicles; and

(7) the introduction into commerce of methane-fueled vehicles

would be expedited and facilitated by the establishment of a

Federal program of research, development, and demonstration to

explore and refine technologies related to methane use as a

vehicular fuel.

(b) It is therefore declared to be the policy of the Congress in

this chapter to -

(1) provide for and support advanced and accelerated research

into, and development of, methane vehicle design, and related

technologies;

(2) demonstrate the economic and technological practicalities

of methane-fueled vehicles for fleet use and of methane-fueled

farm equipment;

(3) facilitate, and remove barriers to, the use of

methane-fueled vehicles in lieu of gasoline- or diesel-powered

motor vehicles where practicable;

(4) promote the substitution of methane-fueled vehicles for

gasoline- and diesel-powered vehicles currently used on farms and

in fleet operations, particularly in areas where such

substitution would facilitate plans to meet air quality standards

set under the Clean Air Act, as amended (42 U.S.C. 7401 et seq.);

and

(5) supplement, but neither supplant nor duplicate, the

automotive propulsion system research and development efforts of

private industry.

-SOURCE-

(Pub. L. 96-512, Sec. 2, Dec. 12, 1980, 94 Stat. 2827.)

-REFTEXT-

REFERENCES IN TEXT

The Clean Air Act, as amended, referred to in subsec. (b)(4), is

act July 14, 1955, ch. 360, 69 Stat. 322, as amended, which is

classified generally to chapter 85 (Sec. 7401 et seq.) of Title 42,

The Public Health and Welfare. For complete classification of this

Act to the Code, see Short Title note set out under section 7401 of

Title 42 and Tables.

-MISC2-

SHORT TITLE

Section 1 of Pub. L. 96-512 provided: ''That this Act (enacting

this chapter) may be cited as the 'Methane Transportation Research,

Development, and Demonstration Act of 1980'.''

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15 USC Sec. 3802 01/06/03

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Sec. 3802. Definitions

-STATUTE-

For purposes of this chapter -

(a) the term ''methane'' means either natural gas (as defined

in section 3301(1) of this title), gas derived from coal,

liquefied natural gas, or any gaseous transportation fuel

produced from biomass, waste products, and other renewable

resources;

(b) the term ''Secretary'' means the Secretary of Energy;

(c) the term ''public entities'' means any unit or units of

State and/or local governments;

(d) the term ''private entities'' means any person, such as any

organization incorporated under State law, for profit or

not-for-profit, or a consortium of such organizations, but does

not include public entities;

(e) the term ''vehicle'' means any truck, van, station wagon,

bus, or car used on public roads or highways as well as off-road

agricultural equipment, such as tractors, harvesters, and so

forth, which presently burn gasoline or diesel fuel; and

(f) the terms ''facilities for the transmission and storage of

methane'', ''methane transmission, storage and dispensing

facilities'', and any variant thereof means such facilities which

are (1) directly necessary for the conduct of a demonstration,

(2) for the exclusive use of a demonstration and (3) reasonably

incidental to a demonstration.

-SOURCE-

(Pub. L. 96-512, Sec. 3, Dec. 12, 1980, 94 Stat. 2828.)

-CITE-

15 USC Sec. 3803 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 64 - METHANE TRANSPORTATION RESEARCH, DEVELOPMENT, AND

DEMONSTRATION

-HEAD-

Sec. 3803. Duties of Secretary of Energy

-STATUTE-

(a) Designation of management entity for program

The Secretary shall designate prior to February 1, 1981, an

appropriate organizational entity within the Department of Energy

to manage the methane vehicle research, development, and

demonstration program.

(b) Monitoring and management of program; agreements with other

Federal departments and agencies

The Secretary shall have the responsibility for monitoring and

assuring proper management of the program. The Secretary may enter

into agreements or arrangements with the National Aeronautics and

Space Administration, the Department of Transportation, the

Environmental Protection Agency, or any other Federal department or

agency, pursuant to which such department or agency shall conduct

specified parts or aspects of the program as the Secretary deems

necessary or appropriate and within the particular competence of

such agency, to the extent that such agency has capabilities which

would enable it to contribute to the success of the program and

attainment of the purposes of this chapter.

(c) Assurances respecting scope of program activities

In assuring the effective management of this program, the

Secretary shall have specific responsibility to ascertain that the

program includes activities to -

(1) promote basic and applied research on methane-fueled

vehicle construction, modification, and safety;

(2) conduct research and development on optimum overall

specifications for methane-fueled vehicles;

(3) determine appropriate means and facilities for safely and

economically storing, transporting, and dispensing methane for

use as a vehicular fuel;

(4) conduct demonstration projects with respect to the

feasibility of methane-fueled vehicles and methane transmission,

storage and dispensing facilities (A) by providing necessary

financial or technical assistance for the construction,

modification, or operation of motor vehicles to be methane-fueled

for practical use or of methane transmission, storage and

dispensing facilities, and (B) by entering into agreements or

arrangements with other entities, governmental and

nongovernmental, for the demonstration of such vehicles and

facilities;

(5) gather performance data, including but not limited to

emissions data, on methane-fueled vehicles and related

transmission and storage facilities;

(6) determine that the participants in each demonstration

assisted under this chapter have made satisfactory arrangements

to obtain an adequate supply of methane for vehicular use in the

project;

(7) ascertain the need for modifications in available

methane-fueled vehicles to improve their efficiency and

performance and to facilitate their widespread use by fleet

owners; and

(8) ascertain any changes in fuel supply patterns, tax

policies, and standards governing the manufacture of vehicles

which are needed to facilitate the manufacture and use of

methane-fueled vehicles.

(d) Implementation of program; administrative procedures, etc.,

applicable

(1) The Secretary of Energy shall insure that the conduct of the

research and development program of this chapter -

(A) supplements the automotive propulsion system research and

development efforts of industry;

(B) is not formulated in a manner that will supplant private

industry research and development or displace or lessen

industry's research and development; and

(C) avoids duplication of private research and development.

(2) To that end, the Secretary of Energy shall issue

administrative regulations, within 60 days after December 12, 1980,

which shall specify procedures, standards, and criteria for the

timely review for compliance of each new contract, grant,

Department of Energy project, or other agency project funded or to

be funded under the authority of this chapter. Such regulations

shall require that the Secretary of Energy or his designee shall

certify that each such contract, grant, or project satisfies the

requirement of this subsection, and shall include in such

certification a discussion of the relationship of any related or

comparable industry research and development, in terms of this

subsection, to the proposed research and development under the

authority of this chapter. The discussion shall also address

related issues, such as cost sharing and patent rights.

(3) Such certifications shall be available to the Committee on

Science, Space, and Technology of the House of Representatives and

the Committee on Energy and Natural Resources of the Senate. The

provisions of chapter 5 of title 5 shall not apply to such

certifications and no court shall have any jurisdiction to review

the preparation or adequacy of such certifications; but section 553

of title 5 and section 5916 of title 42 shall apply to public

disclosure of such certifications.

(4) The Secretary of Energy also shall include in the report

required by section 3808 (FOOTNOTE 1) of this title a detailed

discussion of how each research and development contract, grant, or

project funded under the authority of this chapter satisfies the

requirement of this subsection.

(FOOTNOTE 1) See References in Text note below.

(5) Further, the Secretary of Energy in each annual budget

submission to the Congress, or amendment thereto, for the programs

authorized by this chapter shall describe how each identified

research and development effort in such submission satisfies the

requirements of this subsection.

(6) The provisions and requirements of this subsection shall not

apply with respect to any contract, grant, or project which was

entered into, made, or formally approved and initiated prior to the

enactment of this chapter, or with respect to any renewal or

extension thereof.

-SOURCE-

(Pub. L. 96-512, Sec. 4, Dec. 12, 1980, 94 Stat. 2828; Pub. L.

97-375, title I, Sec. 106(c), Dec. 21, 1982, 96 Stat. 1820; Pub. L.

103-437, Sec. 5(b)(5), Nov. 2, 1994, 108 Stat. 4582.)

-REFTEXT-

REFERENCES IN TEXT

Section 3808 of this title, referred to in subsec. (d)(4), was

repealed by Pub. L. 104-66, title I, Sec. 1051(p), Dec. 21, 1995,

109 Stat. 717.

-MISC2-

AMENDMENTS

1994 - Subsec. (d)(3). Pub. L. 103-437 substituted ''Committee on

Science, Space, and Technology'' for ''Committee on Science and

Technology''.

1982 - Subsec. (c)(8). Pub. L. 97-375 struck out ''and report to

the Congress on'' after ''ascertain''.

-CHANGE-

CHANGE OF NAME

Committee on Science, Space, and Technology of House of

Representatives treated as referring to Committee on Science of

House of Representatives by section 1(a) of Pub. L. 104-14, set out

as a note preceding section 21 of Title 2, The Congress.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3804 of this title.

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15 USC Sec. 3804 01/06/03

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CHAPTER 64 - METHANE TRANSPORTATION RESEARCH, DEVELOPMENT, AND

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Sec. 3804. Coordination with other Federal departments and agencies

-STATUTE-

(a) Related responsibilities and regulatory activities

In carrying out the programs established under sections 3803 and

3806 of this title, the Secretary shall assure, to the maximum

extent practicable, that the functions of this program are

coordinated with related regulatory activities and other

responsibilities of the Department of Energy and any other Federal

departments of agencies.

(b) Scope of assistance

Each department, agency, and instrumentality of the executive

branch of the Federal Government shall carefully consider any

written request from the Secretary, the head of any organizational

entity designated by the Secretary pursuant to section 3803(a) of

this title, or the head of any agency which is party to an

agreement or arrangement pursuant to section 3803(b) of this title,

to furnish such assistance, on a reimbursable basis, as the

Secretary or such head deems necessary to carry out the program and

to achieve the purposes of this chapter. Such assistance may

include transfer of personnel with their consent and without

prejudice to their position and rating.

-SOURCE-

(Pub. L. 96-512, Sec. 5, Dec. 12, 1980, 94 Stat. 2830.)

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15 USC Sec. 3805 01/06/03

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CHAPTER 64 - METHANE TRANSPORTATION RESEARCH, DEVELOPMENT, AND

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-HEAD-

Sec. 3805. Research and development activities

-STATUTE-

The Secretary, acting through appropriate agencies and

contractors, shall initiate and provide for the conduct of research

and development in areas relating to methane-fueled vehicles,

including but not limited to -

(1) flammability and combustibility of methane under conditions

likely to develop in storage or during vehicular use;

(2) handling, storage, and distribution of methane for

vehicular propulsion purposes;

(3) comprehensive assessment of the relative hazards under

identical circumstances of methane, propane, gasoline, and diesel

fuel;

(4) feasibility, economy, and efficiency of technologies for

the production and recovery of methane from unconventional and

supplemental sources, as provided for in other authorization

Acts;

(5) engine and fuel tank design including, but not limited to,

optimum design for dual fuel capacity vehicles;

(6) total vehicle construction and design;

(7) the nature and quantities of emissions, and alterations in

or alternatives to emission control systems presently in use; and

(8) overcoming institutional barriers to widespread use

including but not limited to restrictions on the transportation

of methane for vehicular use through tunnels, and the potential

expansion of the distribution of methane for vehicular purposes.

-SOURCE-

(Pub. L. 96-512, Sec. 6, Dec. 12, 1980, 94 Stat. 2830.)

-CITE-

15 USC Sec. 3806 01/06/03

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CHAPTER 64 - METHANE TRANSPORTATION RESEARCH, DEVELOPMENT, AND

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Sec. 3806. Demonstrations

-STATUTE-

(a) Development of data assessing current state-of-the-art

Not later than January 1, 1982, the Secretary shall develop data

assessing the current state-of-the-art with respect to vehicles

fueled by methane to serve as baseline data to be utilized in

evaluating improvements in methane-fueled vehicle technologies.

(b) Guidelines; promulgation, criteria, scope, etc.

Not later than April 1, 1982, the Secretary shall have

promulgated necessary and appropriate guidelines for demonstrations

and issued an initial request for proposals for technical and

financial assistance to support public and private entities in

developing and implementing demonstration projects to gather data

on the operation of methane-fueled vehicles and methane

transmission, storage, and dispensing facilities, under differing

climatic, atmospheric, and operating conditions and on design and

technical modifications of those vehicles and facilities:

(1) In the case of public entities, the Secretary is authorized

to provide -

(A) technical assistance reasonably associated with the

modification or acquisition of vehicles to be fueled by methane

or with dual fuel capacity, the installation of methane

transmission, storage and dispensing facilities, and compliance

with data acquisition and reporting requirements under this

chapter; and

(B) grants to cover up to 50 per centum of reasonable and

necessary costs associated with the installation of methane

transmission, storage and dispensing facilities: Provided, That

the Secretary shall be authorized to direct and require

recipients of assistance under this section to enter into

cooperative agreements for the planning and use of such

facilities with other recipients of assistance under this

section, under a cost-sharing agreement where appropriate and

economical.

(2)(A) In the case of private entities, the Secretary is

authorized to provide -

(i) technical assistance reasonably associated with the

modification or acquisition of vehicles to be fueled by methane

or with dual fuel capacity, the installation of methane

transmission, storage and dispensing facilities, and compliance

with data acquisition and reporting requirements under this

chapter; and

(ii) loans to cover up to 50 per centum of reasonable and

necessary costs associated with the installation of methane

transmission, storage and dispensing facilities: Provided, That

the Secretary shall be authorized to direct and require

recipients of assistance under this section to enter into

cooperative agreements for the planning and use of such

facilities with other recipients of assistance under this

section, under a cost-sharing agreement where appropriate and

economical.

(B) Loans issued under this section shall bear interest at such

rate as the Secretary may determine, giving consideration to the

needs and capacities of the recipient and the prevailing rates of

interest (public and private), except that such rate shall not be

less than a rate determined by the Secretary of the Treasury,

taking into consideration the current average yield on

outstanding marketable obligations of the United States with

remaining periods of maturity comparable to the average

maturities of such loans. No loan shall be made unless the

Secretary shall have determined that there is reasonable prospect

of repayment.

(C) The terms and conditions of loans issued under this section

shall take into account the scope of the particular demonstration

and any particular conditions which might reasonably be expected

to result in additional costs to the recipient, and shall reflect

the relative costs of gasoline and diesel fuel and methane and

the projected savings in fuel costs to the recipient as a result

of participating in the demonstration. In no instance shall a

loan issued under this section be for a period in excess of five

years.

(3) The Secretary shall provide for appropriate assistance to

defray costs associated with complying with data acquisition and

reporting requirements under this chapter.

(4) In the case of an organization comprised of both public and

private entities, a package of technical and financial assistance

shall be designed to the maximum extent feasible, in such a

manner as to assist its public components as provided for in

paragraph (1) and to assist its private components as provided

for in paragraph (2) of this section.

(c) Fiscal year limitations

Not fewer than fifty demonstrations shall be assisted under this

section with not fewer than ten being initiated in the fiscal year

ending September 30, 1982, and not fewer than twenty being

initiated in each of the fiscal years ending September 30, 1983,

and September 30, 1984. In the case of demonstrations initiated

under this chapter after the first fiscal year in which

demonstrations are funded, the Secretary shall ascertain that plans

for such demonstrations take into consideration information and

findings included in reports filed on other demonstrations assisted

under this chapter.

(d) Duration; recordkeeping requirements

Each demonstration shall have a duration of at least three years

during which time records including, but not limited to, fuel

efficiency indicators, emissions data, repair statistics, and

detailed reports of any accidents, shall be maintained and reports

made to the Secretary in accordance with guidelines promulgated by

the Secretary prior to issuance of the first loan or grant under

this section and amended no more often than twice annually.

(e) Selection of proposed demonstrations; discretionary and

mandatory criteria

In selecting proposed demonstrations to be supported under this

section, the Secretary shall, to the maximum extent practicable,

assure representation of diverse operating conditions and vehicle

types including, but not limited to -

(1) altitude and topography,

(2) climatic conditions,

(3) air quality conditions,

(4) industrial, commercial, and agricultural uses,

(5) varying vehicular structures, and

(6) average trip lengths:

Provided, however, That not fewer than two demonstrations initiated

in each year shall be located in a county or standard metropolitan

statistical area designated by the Secretary upon recommendation of

the Administrator of the Environmental Protection Agency based on

severity or uniqueness of air quality conditions: And provided

further, That the fleet or portions of fleets participating in each

demonstration with funding under this chapter shall consist of not

fewer than fifty vehicles except in the case of one demonstration

each year involving methane-fueled off-road agricultural equipment.

-SOURCE-

(Pub. L. 96-512, Sec. 7, Dec. 12, 1980, 94 Stat. 2830.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3804, 3807, 3809 of this

title.

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15 USC Sec. 3807 01/06/03

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CHAPTER 64 - METHANE TRANSPORTATION RESEARCH, DEVELOPMENT, AND

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Sec. 3807. Use of methane-fueled vehicles by Federal agencies and

departments

-STATUTE-

The Secretary shall consult with the Postmaster General of the

United States Postal Service, the Administrator of the General

Services Administration, the Secretary of Defense, and the heads of

other Federal agencies where appropriate to -

(a) determine the practicability of using methane vehicles in

the performance of certain or all of the functions of their

agencies based in counties and standard metropolitan statistical

areas in which demonstrations under section 3806 of this title

are being conducted; and

(b) arrange for appropriate use of methane-fueled vehicles at

the earliest practicable date.

-SOURCE-

(Pub. L. 96-512, Sec. 8, Dec. 12, 1980, 94 Stat. 2832.)

-CITE-

15 USC Sec. 3808 01/06/03

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CHAPTER 64 - METHANE TRANSPORTATION RESEARCH, DEVELOPMENT, AND

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-HEAD-

Sec. 3808. Repealed. Pub. L. 104-66, title I, Sec. 1051(p), Dec.

21, 1995, 109 Stat. 717

-MISC1-

Section, Pub. L. 96-512, Sec. 9, Dec. 12, 1980, 94 Stat. 2833,

directed Secretary of Energy to submit such reports to Congress as

Secretary deemed appropriate, including annual report on all

activities under this chapter.

-CITE-

15 USC Sec. 3809 01/06/03

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CHAPTER 64 - METHANE TRANSPORTATION RESEARCH, DEVELOPMENT, AND

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-HEAD-

Sec. 3809. Authorization of appropriations; required funding

-STATUTE-

There are authorized to be appropriated to the Secretary for

purposes of carrying out this chapter, not to exceed $3,000,000 for

the fiscal year ending September 30, 1982, not less than one-half

of which shall be for the purpose of making loans under section

3806(b) of this title; not to exceed $5,000,000 for the fiscal year

ending September 30, 1983, not less than one-half of which shall be

for the purpose of making loans under section 3806(b) of this

title; not to exceed $5,000,000 for the fiscal year ending

September 30, 1984, not less than one-half of which shall be for

the purpose of making loans under section 3806(b) of this title;

and such sums as may be necessary for the fiscal years ending

September 30, 1985, and September 30, 1986. Any amount appropriated

pursuant to this section shall remain available until expended.

-SOURCE-

(Pub. L. 96-512, Sec. 10, Dec. 12, 1980, 94 Stat. 2833.)

-CITE-

15 USC Sec. 3810 01/06/03

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CHAPTER 64 - METHANE TRANSPORTATION RESEARCH, DEVELOPMENT, AND

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-HEAD-

Sec. 3810. Relationship to other laws

-STATUTE-

(a) Modification or waiver

Nothing in this chapter shall be construed as authorizing the

Secretary or any other official with respect to any activity

pursuant to this chapter to modify or waive the application of any

Federal, State or local laws dealing with the production,

transportation, storage, safety, use or pricing of methane.

(b) Promulgation of rules

Nothing in this chapter shall be construed as granting the

Secretary or any other Federal official any authority to promulgate

rules of general application to regulate the production,

transportation, storage, safety, use or pricing of methane as a

transportation fuel or vehicles which use methane as a

transportation fuel.

-SOURCE-

(Pub. L. 96-512, Sec. 11, Dec. 12, 1980, 94 Stat. 2833.)

-CITE-