text:
Page:United States Statutes at Large Volume 91.djvu/1399

 PUBLIC LAW 95-176—NOV. 14, 1977

91 STAT. 1365

" (2) DISTILLED SPIRITS RETURNED TO BONDED PREMISES FOR STORAGE PENDING EXPORTATION.—Whenever any distilled spirits are Credit or refund. returned under section 5215(b) to the bonded premises of a dis- Ante, p. 1363.

tilled spirits plant, the Secretary shall (without interest) credit or refund the internal revenue tax found to have been paid or determined with respect to such distilled spirits. Such amount of Amount. tax shall be the same amount which would be allowed as a drawback under section 5062(b) on the exportation of such distilled Ante, p. 1363. spirits. "(3)

DISTILLED

SPIRITS

STAMPED AND LABELED AS BOTTLED

IN BOND.—Whenever any distilled spirits are returned under sec- Credit or refund. tion 5215(c) to the bonded premises of a distilled spirits plant, the Secretary shall (without interest) credit or refund the tax 26 USC 5001. imposed under section 5001(a)(1) on the spirits so returned. " (4) LIMITATION.—No allowance under paragraph (1), (2), or Claim, filing. (3) shall be made unless a claim is filed under such regulations as the Secretary may prescribe, by the proprietor of the distilled spirits plant to which the distilled spirits are returned within 6 months of the date of return." SEC. 3. (a) Section 5214(a)(9) of the Internal Revenue Code of 1954 is amended to read as follows: 26 USC 5214. " (9) without payment of tax, in the case of distilled spirits bottled in bond for export under section 5233 or distilled spirits 26 USC 5233. returned to bonded premises under section 5215(b), for transfer (for the purpose of storage pending exportation) to any customs bonded warehouse from which distilled spirits may be exported, and distilled spirits transferred to a customs bonded warehouse under this paragraph shall be entered, stored, and accounted for under such regulations and bonds as the Secretary may prescribe; or". (b) Section 5175(a) of such Code is amended to read as follows: Export bonds. " (a) REQUIREMENTS.—No distilled spirits shall be withdrawn from 26 USC 5175. bonded premises for exportation, or for transfer to a customs bonded warehouse for storage therein pending exportation, without payment of tax unless the exporter has furnished bond to cover such withdrawal under such regulations and conditions, and in such form and penal sum, as the Secretary may prescribe." (c) Section 5003 of such Code is amended by striking out "manu- 26 USC 5003. facturing" in paragraph (9) and inserting before the period a t the Supra. end of paragraph (9) "and section 5214(a)(9) ". (d) Section 5214(b) of such Code is amended by adding at the end thereof the following new paragraph: "(7) For provisions relating to distilled spirits for use of foreign embassies, legations, etc., see section 5066." SEC. 4. (a) Section 5214(a) of the Internal Revenue Code of 1954 Supra. is amended by adding a t the end thereof the following new paragraph: " (10) without payment of tax by a proprietor of bonded premises for use in research, development, or testing (other than consumer testing or other market analysis) of processes, systems, materials, or equipment, relating to distilled spirits or distillery operations, under such limitations and conditions as to quantities, use, and accountability as the Secretary may by regulations require for the protection of the revenue."

�


text:
Page:United States Statutes at Large Volume 91.djvu/1400

 91 STAT. 1366 Liability. 26 USC 5005.

PUBLIC LAW 95-176—NOV. 14, 1977 (b) Section 5005(e)(2) of such Code is amended to read as follows: "(2) RELIEF FROM LIABILITY.—All persons liable for the tax on

distilled spirits under paragraph (1) of this subsection, or under subsection (a) or (b), or under any similar prior provisions of internal revenue law, shall be relieved of any such liability at the time, as the case may be, the distilled spirits are exported, deposited in a foreign-trade zone, used in the production of wine, deposited in customs bonded warehouses, laden as supplies upon, or used in the maintenance or repair of, certain vessels or aircraft, or used in certain research, development, or testing, as provided by law." Liens. (c)(1) Section 5004(a)(2)(B) of such Code is amended by strik26 USC 5004. ing out" (9), or" and inserting "or" after " (2),". (2) Section 5004(a)(2)(C) of such Code is amended to read as follows: "(C) exported, deposited in a foreign-trade zone, used in the production of wine, laden as supplies upon, or used in the maintenance or repair of, certain vessels or aircraft, deposited in a customs bonded warehouse, or used in certain research, development, or testing, as provided by law." (d)(1) Section 5005(d) of such Code is amended by striking out " (3), or (9)" and inserting "or (3)" after " (2),". (2) Section 5005(e)(1) of such Code is amended by striking out "section 5214(a)(4), (5), (6), (7), or (8)," and inserting "section 5214(a)(4), (5), (6), (7), (8), (9),or (10),". 26 USC 5008. (e)(1) Section 5008(f)(3) of such Code is amended by striking "and" at the end thereof. (2) Section 5008(f)(4) of such Code is amended by striking out the period at the end thereof and inserting in lieu thereof "; and". (3) Section 5008(f) of such Code is amended by adding at the end thereof the following: "(5) the customs bonded warehouse in the case of withdrawal Ante, pp. 1364, under sections 5066 and 5214(a)(9). 1365. The provisions of subsection (a) shall be applicable to loss of distilled spirits withdrawn from bonded premises without payment of tax under section 5214(a) (10) for certain research, development, or testing, until such distilled spirits are used as provided by law." 26 USC 5003. (f) Paragraph (14) of section 5003 of such Code is amended to read as follows: "(14) For provisions authorizing the withdrawal of distilled spirits without payment of tax for use in certain research, development, or testing, see section 5214(a) (10)." Mingling and SEC. 5. (a)(1) Section 5234(a)(2) of such Code is amended by blending. striking from the heading "FOR FURTHER STORAGE IN BOND.". 26 USC 5234. (2) So much of the first sentence of section 5234(a)(2) of such Code as follows subparagraph (C) thereof is amended to read as follows: "(D) which have been stored in internal revenue bond in the same kind of cooperage for not less than 4 years (or 2 years in the case of rum or brandy), may, within 20 years of the date of original entry for deposit of the spirits, be mingled on bonded premises." (b) Section 5025(e)(7) of such Code is amended by striking out Rectification tax, exemption. "for further storage in bond". 26 USC 5025.

�

license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


text:
Page:United States Statutes at Large Volume 91.djvu/1401

 PUBLIC LAW 95-176—NOV. 14, 1977 SEC. 6. Section 5025(b) of the Internal Revenue Code of 1954 is amended by inserting ", or the extracted oils of such," after "other natural aromatics". SEC. 7. The amendments made by this Act shall take effect on the first day of the first calendar month which begins more than 90 days after the date of the enactment of this Act. Approved November 14, 1977.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-761 (Comm. on Ways and Means). CONGRESSIONAL RECORD, Vol 123 (1977): Oct. 31, considered and passed House. Nov. 1, considered and passed Senate.

91 STAT. 1367 26 USC 5025,. Effective date, 26 USC 5003 °^*®*

�


text:
Page:United States Statutes at Large Volume 91.djvu/1402

 91 STAT. 1368

PUBLIC LAW 95-177—NOV. 15, 1977

Public Law 95-177 95th Congress An Act Nov. 15, 1977 [H.R. 7278] Merchant Marine Act, 1936, amendment. Obsolete vessels, acquisition. Mariner class vessels, exchange. 46 USC 1191. 64 Stat. 1225. Valuation.

Excess, payment.

46 USC 808, 835.

To amend section 10 of the Merchant Marine Act, 1936.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subsection 510(i) of the Merchant Marine Act, 1936 (46 U.S.C. 1160(i)) is hereby amended to read as follows: "(i) The Secretary of Commerce is authorized to acquire mariner class vessels constructed under title VII of this Act and Public Law 911, Eighty-first Congress, and other suitable vessels, constructed in the United States, which have never been under foreign documentation, in exchange for obsolete vessels in the National Defense Reserve Fleet. For purposes of this subsection, the trade-in and trade-out vessels shall be valued at the higher of their scrap value in domestic or foreign markets as of the date of the exchange: Provided, That in any exchange transactions, the value assigned to the traded-in and tradedout vessels will be determined on the same basis. The value of the traded-out vessels shall be as nearly as possible equal to the value of the traded-in vessel plus the fair value of the cost of towing the traded-out vessel to the place of scrapping. To the extent the value of the traded-out vessel exceeds the value of the traded-in vessel plus the fair value of the cost of towing, the owner of the traded-in vessel shall pay the excess to the Secretary of Commerce in cash at the time of exchange. This excess shall be deposited into the Vessel Operations Revolving Fund and all costs incident to the lay-up of the vessels acquired under this Act may be paid from balances in the Fund. No payments shall be made by the Secretary of Commerce to the owner of any traded-in vessel in connection with any exchange under this subsection. Notwithstanding the provisions ox sections 9 and 37 of the Shipping Act, 1916, vessels traded out under this subsection may be scrapped in approved foreign markets. The provision of this subsection (i) as it read prior to the 1975 amendment shall govern all transactions made thereunder prior to that amendment.". Approved November 15, 1977.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-727 (Comm. on Merchant Marine and Fisheries). CONGRESSIONAL RECORD, Vol. 123 (1977): Oct. 25, considered and passed House. Nov. 1, considered and passed Senate.

�


text:
Page:United States Statutes at Large Volume 91.djvu/1403

 PUBLIC LAW 95-178—NOV. 15, 1977

91 STAT. 1369

Public Law 95-178 95th Congress An Act To amend the Alaska Native Claims Settlement Act. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 16(b) of the Act of December 18, 1971 (85 Stat. 688, 705), as amended (43 U.S.C. 1615), is further amended by deleting the last sentence thereof. SEC. 2. Section 14(h)(8) of the Act of December 18, 1971 (85 Stat. 688, 705), is amended by designating the existing paragraph as paragraph " (A) " and adding the following new paragraph (B): "(B) Such allocation as the Regional Corporation for southeastern Alaska shall receive under this paragraph shall be selected and conveyed from lands that were withdrawn by subsections 16(a) and 16 (d) and not selected by the Village Corporations in southeastern Alaska; except lands on Admiralty Island in the Angoon withdrawal area and, without the consent of the Governor of the State of Alaska or his delegate, lands in the Saxman and Yakutat withdrawal areas are not available for selection or conveyance under this paragraph.". SEC. 3. (a) Subsection (b) of section 12 of the Act of January 2, 1976 (Public Law 94-204), as amended by the Act of October 4, 1976 (Public Law 94-456), is hereby amended to add at the end thereof the following new paragraphs: Any provision of law to the contrary notwithstanding, if the Region, the Secretary, and/or the Administrator of General Services do not complete the nomination of lands referred to in subparagraphs (5) and (6) of this subsection by the dates set in subparagraphs 1(C)(1)(b) and 1(C)(2)(a) of the document referred to in this subsection, then, and in that event, these dates shall hereby automatically be extended by operation of this subsection for eighteen months. If these dates are hereby extended, the Secretary shall report to Congress at least thirty days prior to the occurrence of each such date as extended concerning the need for further remedial legislation. Any provision of law to the contrary notwithstanding, the United States shall accept upon tender the State Deed of Title, including the State's legal descriptions, for lands to be reconveyed to the Cook Inlet Region, Incorporated, pursuant to subsection (a) (1) of this section without requiring further survey prior to acceptance. Unless the boundaries of such lands have been specifically identified in a survey approved by the State or Federal Government, such lands shall be described by a metes and bounds description, or by aliquot parts of the Federal rectangular survey system, based wherever possible upon the Federal surveys initially performed to effect transfer and patent of said lands to the State of Alaska. Upon acceptance of a State Deed of Title said lands are hereby withdrawn from entry under the public land laws. Within sixty days the Secretary shall, without adjudication, issue conveyance to said lands of the interests conveyed by the State subject to any lawful reservations of rights or conditions contained in such State conveyance, as provided in the Terms and Conditions document, to Cook Inlet Region, Incorporated, with patent to issue thereafter immediately following approval of survey. The Secre-

Nov. 15, 1977 [H.R. 8499] Alaska Native Claims Settlement Act, amendment. Land conveyance, authorization. 43 USC 1613.

Cook Inlet area, ownership consolidation. 43 USC 1611 note. Nomination of lands, extension.

Report to Congress.

State lands, transfer and conveyance.

�


text:
Page:United States Statutes at Large Volume 91.djvu/1404

 91 STAT. 1370

43 USC 1611 °<'*®-

Regional Corporation's assignments, recognition. 43 USC 1628.

43 USC 1606.

PUBLIC LAW 95-178—NOV. 15, 1977

tary is authorized hereby to identify and reserve within two years after initial conveyance any easement he could have lawfully reserved prior to conveyance, and to issue immediately thereafter a revised conveyance reflecting such reservation, subject to the agreement of January 18, 1977, between the Secretary of the Interior, Cook Inlet Region, Incorporated, and certain of the villages contained therein. The Secretary may initiate such easement identification and reservation procedure before the tender of the State Deed of Title, but initiation of such procedure shall not affect the timely issuance of conveyance by the Secretary as provided hereby, (b) If any provision of this Act or the applicability thereof is held invalid, the validity of the remainder of this Act, of section 12 of the Act of January 2, 1976 (Public Law 94-204), as amended, of the document referred to in section 12(b) thereof, and the duties and obligations of the Secretary of the Interior, the State of Alaska, and Cook Inlet Region, Incorporated, with respect thereto, shall not be affected thereby. SEC. 4. The Alaska Native Claims Settlement Act (85 Stat. 688), as amended (43 U.S.C. 1601), is further amended by adding a new section at the end thereof: "§^0. 31. (a) Notwithstanding the provision of section 3477 of the Revised Statutes, as amended (31 U.S.C. 203), the Secretary is authorized to recognize validly executed assignments made by Regional Corporations of their rights to receive payments from the Alaska Native Fund. Such assignments shall only be recognized to the extent that the Regional Corporation involved is not required to distribute funds pursuant to subsection (j) or (m) of section 7 of this Act. "(b) The Secretary shall not recognize any assignment under this section which does not provide that the United States reserves the right to assert against the assignee and successors of the assignee, any setoff or counterclaim which the United States has against the assignor Corporation. "(c) No stockholder of any Regional or Village Corporation shall have any claim against the Secretary or the United States as the result of any assignment duly recognized by the Secretary pursuant to this section.". Approved November 15, 1977.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-712 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD, Vol. 123 (1977): Oct. 31, considered and passed House. Nov. 1, considered and passed Senate, amended. Nov. 3, House concurred in Senate amendments.

�


text:
Page:United States Statutes at Large Volume 91.djvu/1405

 PUBLIC LAW 95-179—NOV. 15, 1977

91 STAT. 1371

Public Law 95-179 95th Congress An Act To amend title 3 of the United States Code to change the name of the Executive Protective Service.

Be it enacted by the Senate arid House of Representatives of the United States of America in Congress assembled, That chapter 3 of title 3 of the United States Code is amended by striking out "Executive Protective Service" each place it appears in such chapter and inserting in lieu thereof at each such place the following: "United States Secret Service Uniformed Division". Any reference in any other law or in any regulation, document, record, or other paper of the United States to the Executive Protective Service shall be held to be a reference to the United States Secret Service Uniformed Division. Approved November 15, 1977.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-737 (Comm. on Public Works and Transportation). CONGRESSIONAL RECORD, VoL 123 (1977): Nov. 1, considered and passed House. Nov. 3, considered and passed Senate.

Nov. 15, 1977_ [H.R. 8992]

Executive Protective ^*'^^*'®'. 3^^*202-204 206 207. ' 3 USC 202 note,

�


text:
Page:United States Statutes at Large Volume 91.djvu/1406

 91 STAT. 1372

PUBLIC LAW 95-180—NOV. 15, 1977

Public Law 95-180 95th Congress An Act Nov. 15, 1977 [H.R. 9512]

To amend the Higher Education Act of 1865 to include the Trust Territory of the Pacific Islands in the definition of the term "State" for the purpose of participation in programs authorized by that Act.

Be it enacted by the Senate and House of Representatives of the Higher Education United States of America in Congress assembled, That (a) subsection Act of 1965, (b) of section 1201 of the Higher Education Act of 1965 is amended amendment. to read as follows: 20 USC 1141. "(b) The term 'State' includes, in addition to the several States of the Union, the Commonwealth of Puerto Rico, the District of Columbia, Guam, American Samoa, the Virgin Islands, the government of the Northern Mariana Islands, and the Trust Territory of the Pacific Islands.". (b) Subsection (a) of section 491 of the Higher Education Act of 20 USC 1088. 1965 is amended by striking out "includes the Trust Territory of the Pacific Islands" and inserting in lieu thereof "has the meaning set forth in section 1201(b)". (c) Sections 602(a)(2), 1001(b)(2), and 1012(a) of the Higher 20 USC 1122, Education Act of 1965 are each amended by inserting ", the govern1135, 1135a-l. ment of the Northern Mariana Islands, the Trust Territory of the Pacific Islands" after "American Samoa". 20 USC 1141 (d) Nothing in this Act, the Higher Education Act of 1965, or any note. other provision of law shall invalidate any payments or other benefits provided under the Higher Education Act of 1965 to an agency or institution in the Trust Territory of the Pacific Islands or to the government of the Northern Mariana Islands prior to the enactment of this Act. Approved November 15, 1977.

LEGISLATIVE HISTORY: CONGRESSIONAL RECORD, VoL 123 (1977): Oct. 18, considered and passed House. Nov. 2, considered and passed Senate.

�


text:
Page:United States Statutes at Large Volume 91.djvu/1407

 PUBLIC LAW 95-181—NOV. 15, 1977

91 STAT. 1373

Public Law 95-181 95th Congress An Act To amend the Federal Crop Insurance Act, 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 504(a) of the Federal Crop Insurance Act, as amended, is amended to read as follows: "SEC. 504, (a) The Corporation shall have a capital stock of $200,000,000 subscribed by the United States of America, payment for which shall, with the approval of the Secretary of Agriculture, be subject to call in whole or in part by the Board of Directors of the Corporation.". SEC. 2. The Secretary of Agriculture shall undertake an immediate study of alternative programs which could be established for an allrisk, all-crop insurance to help provide protection to those suffering crop losses in floods, droughts, and other natural disasters, including alternative methods of administration, Federal assistance, reinsurance, rate setting and private insurance industry involvement, as well as variations on the existing crop insurance program, and such other matters as he determines are relevant, and shall report his findings and recommendations to the President for transmission to the Congress by March 1, 1978. The Secretary shall consult with the Secretary of Housing and Urban Development on behalf of the Federal Insurance Administration; the Secretary of Treasury and representatives of the private insurance industry in the course of the study and shall identify the views of each in forwarding his findings and recommendations to the President. Such sums, not exceeding $200,000, as are appropriated for fiscal year 1978 under section 504 of the Federal Crop Insurance Act, as amended, may be utilized to conduct such a study. Approved November 15, 1977.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-772 (Comm. on Agriculture). SENATE REPORT No. 95-553 (Comm. on Agriculture, Nutrition, and Forestry). CONGRESSIONAL RECORD, Vol. 123 (1977): Nov. 1, considered and passed House. Nov. 3, considered and passed Senate.

Nov. 15, 1977 [H.R. 97041 Federal Crop Insurance Act, amendment. Ante, p. 228. 7 USC 1504.

Study. Report to President, transmittal to Congress. 7 USC 1508 note.

�


text:
Page:United States Statutes at Large Volume 91.djvu/1408

 91 STAT. 1374

PUBLIC LAW 95-182—NOV. 15. 1977

Public Law 95-182 95th Congress An Act Nov. 15, 1977 [H.R. 9836] Folger Shakespeare Library. Airconditioning system, water supply.

To authorize the Architect of the Capitol to furnish chilled water to the Folger Shakespeare Library.

Be it enacted by the Senate and Ho%bse of Representatives of the United States of America in Cmigress assemhUd^ That the Architect of the Capitol, under the direction of the House Office Building Commission, is authorized after the date of enactment of this Act to furnish chilled water for airconditioning from the Capitol Power Plant to the Folger Shakespeare Library. Such chilled water shall be furnished only on condition (1) that the United States be paid for such chilled water at rates, not less than cost, determined by the Architect of the Capitol with the approval of the House Office Building Commission, and (2) that such building is connected with the Capitol Power Plant chilled water lines without cost to the United States and in a manner satisfactory to the Architect of the Capitol and the House Office Building Commission. Any amounts received in payment for chilled water so furnished shall be covered into the Treasury of the United States as miscellaneous receipts. Approved November 15, 1977.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-797 (Comm. on Public Works and Transportation). CONGRESSIONAL RECORD, Vol. 123 (1977): Nov. 3, considered and passed House and Senate.

�


text:
Page:United States Statutes at Large Volume 91.djvu/1409

 PUBLIC LAW 95-183—NOV. 15, 1977

91 STAT. 1375

Public Law 95-183 95th Congress An Act To authorize appropriations for the Energy Research and Development Administration for national security programs for fiscal years 1977 and 1978, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of Amefica in Congress assembled, That this Act may be cited as the " Energy Research and Development Administration Authorization Act of 1977 and 1978^—Military Applications". TITLE I—NATIONAL S E C U R I T Y PROGRAMS—FISCAL Y E A R 1977 AUTHORIZATION OF FUNDS

SEC. 101. Funds heretofore appropriated by Public Law 94-355 (90 Stat. 889) for the national security programs of the Energy Research and Development Administration for operating expenses and for plant and capital equipment, including construction, acquisition, or modification of facilities (including land acquisition), and for acquisition and fabrication of capital equipment not related to construction, are hereby authorized to be appropriated. TITLE II—NATIONAL SECURITY Y E A R 1978

PROGRAMS—FISCAL

OPERATING EXPENSES

SEC. 201. Funds are hereby authorized to be appropriated to the Energy Research and Development Administration for fiscal year 1978 for operating expenses, incurred in carrying out national security programs, as follows: (1) For weapons activities, $1,181,000,000. (2) For special materials production, $416,400,000. (3) For laser fusion, $116,200,000. (4) For naval reactor development, $211,700,000. (5) For program management and support, $40,800,000. PLANT AND CAPITAL

EQUIPMENT

SEC. 202. Funds are hereby authorized to be appropriated to the Energy Research and Development Administration for fiscal year 1978 for p l a n t and capital equipment, including planning, construction, acquisition, or modification of facilities (including land acquisition), and for acquisition and fabrication of capital equipment not related to construction, necessary for national security programs, as follows: (1) For laser fusion: Project 78^r-a, high energy laser facility ( N O V A), Lawrence Livermore Laboratory, California, $8,000,000. (2) For weapons activities:

29-194

0-80

Nov. 15, 1977 [S. 1339]

Energy Research and Development Administration Authorization Act of 1977 and 1978—Military Applications.

�


text:
Page:United States Statutes at Large Volume 91.djvu/1410

 91 STAT. 1376

PUBLIC LAW 95-183—NOV. 15, 1977 Project 78-16-a, cruise missile production facilities, various locations, $18,100,000. Project 78-16-b, full fuzing option (FUFO) bomb production facilities, various locations, $43,000,000. Project 78-16-c, high explosive flash radiography facility, Lawrence Livermore Laboratory, California, $5,000,000. Project 78-16-d, weapons safeguards, various locations, $17,000,000. Project 78-16-e, new weapons production installations, various locations, $2,000,000. Project 78-16-f, replace 10-inch water main, Bendix Plant, Kansas City, Missouri, $2,000,000. Project 78-16-g, radioactive liquid waste improvement, Los Alamos Scientific Laboratory, New Mexico (A-E only), $600,000. Project 78-16-h, Tonopah Test Range upgrade, Sandia Laboratories, Albuquerque, New Mexico, $4,000,000. Project 78-16-i, laboratory support complex, Los Alamos Scientific Laboratory, New Mexico (A-E only), $2,000,000. Project 78-17-a, production component warehouse, Pantex Plant, Amarillo, Texas (A-E only), $250,000, Project 78-17-b, surface water control system. Rocky Flats Plant, Colorado, $2,800,000. Project 78-17-c, core facilities office building, utilities and roads, Lawrence Livermore Laboratory, California (A-E only), $1,300,000. Project 78-17-d, steam plant improvements, Y-12 Plant, Oak Ridge, Tennessee (A-E and long lead procurement only), $3,000,000. Project 78-17-e, high explosive machining facility, Pantex Plant, Amarillo, Texas, $5,000,000. (3) For special materials production: Project 78-18-a, high level waste storage and waste management facilities, Richland, Washington, $18,000,000. Project 78-18-b, high level waste storage facilities. Savannah River, South Carolina, $42,000,000. Project 78-18-c, fifth set of calcined solids storage bins, Idaho Chemical Processing Plant, Idaho National Engineering Laboratory, Idaho, $12,500,000. Project 78-18-d, new hydrofracture facility. Oak Ridge National Laboratory, Oak Ridge, Tennessee, $5,400,000. Project 78-18-e, environmental, safety and security improvements to waste management and materials processing facilities, Richland, Washington, $15,500,000. Project 78-18-f, powerhouse emission control improvements, Richland, Washington, $6,500,000. Project 78-18-g, fanhouse and increased fan capacity, H chemical separations area. Savannah River, South Carolina, $3,400,000. Project 78-18-h, plantwide fire protection. Savannah River, South Carolina, $6,300,000. Project 78-18-i, improved emergency coolant supply in reactor areas. Savannah River, South Carolina, $3,500,000. Project 78-18-j, N-reactor environmental improvements, Richland, Washington, $7,500,000.

�


text:
Page:United States Statutes at Large Volume 91.djvu/1411

 PUBLIC LAW 95-183—NOV. 15, 1977

91 STAT. 1377

(4) For project 78-21, General Plant Projects— (A) for weapons activities, $24,000,000, (B) for special materials production, $12,000,000, and (C) for naval reactor development, $2,800,000. (5) For project 78-22, construction planning and design, $5,000,000. (6) For capital equipment not related to construction— (A) for weapons activities, $79,000,000, (B) for special materials production, $36,700,000, (C) for laser fusion, $13,200,000, (D) for naval reactor development, $15,150,000, and (E) for program management and support, $300,000. ADDITIONAL

AUTHORIZATIONS

FOR

PREVIOUSLY

AUTHORIZED

PROJECTS

SEC. 203. Funds are hereby authorized to be appropriated to the Energy Research and Development Administration for fiscal year 1978, for projects previously authorized, as follows: (1) For project 71-9, fire, safety, and adequacy of operating conditions projects, various locations, $40,000,000, for a total authorization of $280,000,000. (2) For project 75-1-c, new waste calcining facility, Idaho Chemical Processing Plant, National Reactor Testing Station, Idaho, $28,500,000, for a total authorization of $65,000,000. (3) For project 75-3-b, high energy laser facility, Los Alamos Scientific Laboratory, New Mexico, $31,900,000, for a total authorization of $54,500,000. (4) For project 77-3-a, electron beam fusion facilities, Sandia Laboratories, Albuquerque, New Mexico, $4,400,000, for a total authorization of $13,500,000. (5) For project 77-11-a, safeguards and research and development laboratory facility, Sandia Laboratories, Albuquerque, New Mexico, $4,300,000, for a total authorization of $8,300,000. (6) For project 77-11-b, safeguards and site security improvements, various locations, $7,800,000, for a total authorization of $13,500,000. (7) For project 77-11-c, 8-inch artillery fired atomic projectile production facilities, various locations, $12,600,000, for a total authorization of $22,600,000. (8) For project 77-13-a, fluorinel dissolution process and fuel receiving improvements, Idaho Chemical Processing Plant, Idaho National Engineering Laboratory, Idaho (A-E and long-lead procurement), $5,000,000, for a total authorization of $15,000,000. (9) For project 77-13-d, high level waste storage and waste management facilities. Savannah River, South Carolina, $31,000,000, for a total authorization of $56,000,000. (10) For project 77-13-e, high level waste storage and handling facilities, Richland, Washington, $22,000,000, for a total authorization of $40,000,000. (11) For project 77-13-f, waste isolation pilot plant (A-E, land acquisition, and long-lead procurement), Delaware Basin, southeast New Mexico, $22,000,000, for a total authorization of $28,000,000. (12) For project 77-13-g, safeguards and security upgrading production facilities, multiple sites, $8,700,000, for a total authorization of $16,400,000.

�


text:
Page:United States Statutes at Large Volume 91.djvu/1412

 91 STAT. 1378

PUBLIC LAW 95-183—NOV. 15, 1977 TITLE III—GENERAL PROVISIONS REPROGRAMMING

Notice to congressional committees.

SEC. 301. Except as otherwise provided in this Act— (1) no amount appropriated pursuant to this Act may be used for any program in excess of the amount actually authorized for that particular program by this Act, and (2) no amount appropriated pursuant to this Act may be used for any program which has not been presented to, or requested of, the Congress, unless a period of thirty calendar days (not including any day in which either House of Congress is not in session because of adjournment of more than three calendar days to a day certain) has passed after the receipt by the Committee on Armed Services and on Appropriations of the House of Representatives and the Senate of notice given by the Administrator of Energy Research and Development (hereinafter in this title referred to as the "Administrator") containing a full and complete statement of the action proposed to be taken and the facts and circumstances relied upon in support of such proposed action, or unless each such committee before the expiration of such period has transmitted to the Administrator written notice to the effect that such committee has no objection to the proposed action. ^ ^

Notice to congressional committees.

PROJECT COST VARIATION PROVISIONS

SEC. 302. (a) No project for which appropriations are authorized in section 202(1), (2), or (3) may be started if the current estimated cost of such project exceeds by more than 25 percent the amount authorized for such project. (b) At any time the Current estimated cost of any such project under construction exceeds by more than 25 percent the total amount authorized by law for such project, the Administrator shall (1) promptly notify the appropriate committees of the Congress of such fact and include in the notification an explanation for the increased cost of the project and the revised current estimated cost figures for such project, and (2) not proceed with such project unless and until additional funds for such project are authorized by law. (c) The provisions of this section shall not apply to any project which has a current estimated cost of less than $5,000,000. LIMITS ON GENERAL PLANT PROJECTS

SEC. 303. The Administrator is authorized to start any project set forth under section 202(4) only if— (1) the then maximum currently estimated cost of such project does not exceed $750,000 and the then maximum currently estimated cost of any building included in such project does not exceed $300,000, except that the building cost limitation may be exceeded if the Administrator determines that it is necessary to do so in the interest of efficiency and economy; and (2) the total cost of all projects undertaken under such section does not exceed the estimated cost set forth in such section by more than 25 percent.

�


text:
Page:United States Statutes at Large Volume 91.djvu/1413

 PUBLIC LAW 95-183—NOV. 15, 1977 AUTHORITY TO MERGE FUNDS

SEC. 304. Subject to the applicable requirements and limitations of this Act and to the extent specified in appropriation Acts, amounts appropriated to the Energy Research and Development Administration pursuant to this Act for operating expenses or for plant and capital equipment may be merged with any other amounts appropriated for operating expenses or for plant and capital equipment, respectively, pursuant to any other Act authorizing appropriations for the Energy Research and Development Administration. FUNDS TO REMAIN AVAILABLE U N T I L EXPENDED

SEC. 305. To the extent specified in appropriation Acts, amounts appropriated pursuant to this Act for operating expenses or plant and capital equipment may remain available until expended. AVAILABILITY OF FUNDS

SEC 306. Subject to the provisions of section 301(2), amounts appropriated pursuant to this Act for activities under sections 202(4) and 202(5) are available for use, when necessary, in connection with all national security programs of the Energy Research and Development Administration. AUTHORIZATION 'W PERFORM CONSTRUCTION DESIGN SERVICES

SEC. 307. The Administrator is authorized to perform construction design services for any construction project of the Energy Research and Development Administration in support of national security programs in amounts not in excess of the amount specified in section 202(5). AUTHORITY TO USE CERTAIN MONEYS AND FEES

SEC. 308. To the extent specified in appropriation Acts, any moneys received by the Energy Research and Development Administration (except sums received from disposal of property under the Atomic Energy Community Act of 1955 (42 U.S.C. 2301) and the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98) and fees received for tests or investigations under the Act of May 16, 1910 (30 U.S.C. 7)), may be retained and used for operating expenses, notwithstanding the provisions of section 3617 of the Revised Statutes (31 U.S.C. 484), and may remain available until expended. AUTHORITY TO TRANSFER FUNDS TO OTHER AGENCIES

SEC. 309. To the extent specified in appropriation Acts, funds appropriated to the Energy Research and Development Administration for operating expenses may be transferred to other agencies of the Government for the performance of work for which such funds were appropriated, and funds so transferred may be merged with the appropriations of the agency to which transferred.

91 STAT. 1379

�


text:
Page:United States Statutes at Large Volume 91.djvu/1414

 91 STAT. 1380

PUBLIC LAW 95-183—NOV. 15, 1977 REFERENCES

SEC. 310. All references in this Act to the Energy Research and Development Administration and the Administrator of Energy Research and Development shall be deemed to be references to the Department of Energy and the Secretary of Energy, respectively. Approved November 15, 1977.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 95-272, pt. 1 (Comm. on Armed Services) and No. 95-272, pt. 2 (Comm. on Science and Technology) both accompanying H.R 6566 and No. 95-775 (Comm. of Conference). SENATE REPORT No. 95-212 (Comm. on Armed Services). CONGRESSIONAL RECORD, VoL 123 (1977): May. 23, considered and passed Senate. Sept. 13, 28, H.R. 6566 considered in House. Sept. 29, considered and passed House, amended, in lieu of H.R. 6566. Nov. 2, House agreed to conference report. Nov. 3, Senate agreed to conference report.

�


text:
Page:United States Statutes at Large Volume 91.djvu/1415

 PUBLIC LAW 95-184^NOV. 15, 1977

91 STAT. 1381

Public Law 95-184 95th Congress An Act To authorize appropriations during fiscal year 1978, in addition to amounts previously authorized, for procurement of aircraft and missiles for the Navy and the Air Force and for research, development, test, and evaluation for the Air Force and the Defense agencies, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of AmeHca in Congress assembled, That this Act may be cited as the "Department of Defense Supplemental Appropriation Authorization Act, 1978". TITLE I—PROCUREMENT SEC. 101. In addition to the funds authorized to be appropriated under title I of the Department of Defense Appropriation Authorization Act, 1978, funds are hereby authorized to be appropriated during fiscal year 1978 for the use of the Navy and the Air Force for procurement of aircraft and missiles, as authorized by law, in amounts as follows: (1) For aircraft: for the Navy, $73,900,000; for the Air Force, $33,000,000. (2) For missiles: for the Air Force, $64,000,000.

Nov. 15, 1977 [S. 1863]

Department of Defense Supplemental Appropriation Authorization Act, 1978.

Ante, p. 323.

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION SEC. 201. In addition to the funds authorized to be appropriated under title II of the Department of Defense Appropriation Authorization Act, 1978, funds are hereby authorized to be appropriated Ante, p. 323 during fiscal year 1978 for the use of the Air Force and the Defense agencies for research, development, test, and evaluation, as authorized by law, in amounts as follows: (1) For the Air Force, $290,500,000, of which $15,000,000 is authorized for the study of wide-bodied aircraft as strategic cruise missile carriers. (2) For the Defense agencies, $15,000,000. SEC. 202. (a) Section 202(a)(2) of the Department of Defense Appropriation Authorization Act, 1978 (Public Law 95-79), is Ante, p. 324. amended by striking out "before January 1, 1980" and inserting in lieu thereof "not later than July 1, 1981". (b) The amendment made by subsection (a) shall take effect Octo- Effective date. ber 1, 1977.

�


text:
Page:United States Statutes at Large Volume 91.djvu/1416

 91 STAT. 1382 Cruise missile program, r ^om endations 10 USC 2203 note. 31 USC 1301 note. 31 USC 1.

PUBLIC LAW 95-184—NOV. 15, 1977 SEC. 203. In authorizing funds under this Act, Congress asserts its readiness to consider, in accordance with the processes set forth in ^ ^ Budget and Accounting Act, 1921, such modifications in the United ^® States cruise missile programs as the President may recommend to facilitate either negotiation or agreement in arms limitation or reduc^ tion talks. Approved November 15, 1977.
 * ^^ Congressional Budget and Impoundment Control Act of 1974 and

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 95-614 accompanying H.R. 8390 (Comm. on Armed Services), and No. 95-777 (Comm. of eonference). SENATE REPORT No. 95-455 (Comm. on Armed Services). CONGRESSIONAL RECORD, Vol. 123 (1977): Oct. 7, considered and passed Senate. Oct. 12, considered and passed House, amended, in lieu of H.R. 8390. Oct. 2, House agreed to conference report. Oct. 3, Senate agreed to conference report.

�


text:
Page:United States Statutes at Large Volume 91.djvu/1417

 PUBLIC LAW 95-185—NOV. 15, 1977

91 STAT. 1383

Public Law 95-185 95th Congress An Act To amend section 441 of the District of Columbia Self-Government and Governmental Reorganization Act.

Be it enacted by the Seriate and House of Representatives of the United States of America in Congress assembled, That section 441 of the District of Columbia Self-Government and Governmental Keorganization Act (D.C. Code sec. 47-101) as amended by Public Law 93-395 (88 Stat. 793) is further amended by adding at the end thereof: "However, the fiscal year for the Armory Board shall begin on the first day of January and shall end on the thirty-first day of December of each calendar year.". SEC. 2. Section 10 of the Act "To establish a District of Columbia Armory Board and for other purposes", approved June 4, 1948 (D.C. Code, sec. 2-1710), is amended by striking out "January" and inserting in lieu thereof "July". SEC. 3. Section 10 of the District of Columbia Stadium Act of 1957, approved September 7, 1957 (D.C. Code, sec. 2-1728), is amended by striking out "January" and inserting in lieu thereof "July". Approved November 15, 1977.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-751 (Comm. on the District of Columbia). SENATE REPORT No. 95-225 (Comm. on Governmental Affairs). CONGRESSIONAL RECORD, Vol. 123 (1977): May. 26, considered and passed Senate. Nov. 2, considered and passed House.

Nov. 15, 1977 [S. 1062]

D.C. Armory Board. Fiscal to calendar year change.

Annual report to Congress.

Annual report to Congress.

�


text:
Page:United States Statutes at Large Volume 91.djvu/1418

 91 STAT. 1384

PUBLIC LAW 95-186—NOV. 16, 1977

Public Law 95-186 95th Congress An Act Nov. 16, 1977 [H.R. 9019]

Budget authority rescissions. 31 USC 1301

rpQ rescind certain budget authority contained in the message of the President of July 19, 1977 (H. Doc. 95-188), transmitted pursuant to the Impoundment Control Act of 1974. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following rescissions of budget authority proposed in the message of the President of July 19, 1977 ( H. Doc. 95-188), are made pursuant to the Impoundment Control Act of 1974, namely:

note.

CHAPTER I

FUNDS APPROPRIATED TO THE PRESIDENT FOREIGN MILITARY CREDIT SALES

90 Stat. 1465.

Of the funds appropriated undei" this head in the Foreign Assistance and Related Program s Appropriations Act, 1977, $21,090,000 are rescinded.

CHAPTER II INDEPENDENT AGENCIES GENERAL SERVICES ADMINISTRATION FEDERAL BIJILDIXOS FUND ALTERATIONS AND MAJOR REPAIRS

Ante, p. 61.

Of the funds appropriated under this head in the Supplemental Appropriations Act, 1977, $75,000,000 are rescinded. Approved November 16, 1977.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-625 (Comm. on Appropriations). SENATE REPORT No. 95-563 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 123 (1977): Sept. 29, considered and passed House. Nov. 1, considered and passed Senate.

�


text:
Page:United States Statutes at Large Volume 91.djvu/1419

 PUBLIC LAW 95-187—NOV. 16, 1977

91 STAT. 1385

Public Law 95-187 95th Congress An Act To amend the Urban Mass Transportation Act of 1964 to revise the program of Federal operating assis*:ance provided under section 17 of such Act.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. Section 17 of the Urban Mass Transportation Act of 1964 is amended— (1) by striking out "50 percent" in subsection (d)(4) and inserting in lieu thereof "80 percent"; (2) by striking out "and" at the end of subsection (d)(3): (3) by striking out the period at the end of subsection (d)(4) and inserting in lieu thereof "; and"; (4) by inserting the following new paragraph after subsection (d)(4): "(5) 50 percent for the 24-month period succeeding the period specified in subparagraph (4) of this subsection."; (5) by striking out the last sentence of subsection (d); and (6) by striking out "$125,000,000" in the first sentence of subsection (f) and inserting in lieu thereof "$185,000,000" and by amending the second sentence of such subsection to read as follows: "There are authorized to be appropriated for liquidation of the obligations incurred under this section not to exceed $40,000,000 by September 30, 1976, $95,000,000 by September 30, 1977, $125,000,000 by September 30, 1978, $155,000,000 by September 30, 1979, and $185,000,000 by September 30, 1980.". SEC. 2. The Urban Mass Transportation Act of 1964 is amended by adding at the end thereof the following new section: "SEC. 18. (a) The Secretary shall provide financial assistance annually for the purpose of reimbursing States, local public bodies and agencies thereof for the cost of financially supporting or operating rail passenger service provided by railroads designated as class I. "(b) Financial assistance under subsection (a) of this section shall not be available to support (1) intercity rail passenger service provided pursuant to an agreement with the National Railroad Passenger Corporation under section 403(b)(2) of the Rail Passenger Service Act of 1970, as amended (45 U.S.C. 562(b)); and (2) rail passenger service required by section 304(e)(4) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 744 (e)). "(c) The Secretary shall distribute financial assistance authorized by subsection (a) pro rata on the basis of the passenger-miles attributable to each eligible rail passenger service, except that (1) for the purposes of such apportionment in no case shall any State, local public body or agency thereof supporting or operating rail passenger service eligible for assistance under this section be credited with more than 30 per centum of the total passenger miles eligible for such assistance for the calendar year ending immediately prior to the commencement of the Federal fiscal year for which the distribution is made, and (2) no Federal grant for the payment of subsidies for operating expenses shall exceed 50 per centum of the total operating losses of such service.

Nov. 16, 1977 [H.R. 83461

Urban Mass Transportation Act of 1964, amendment. Federal operating assistance program, revision. 49 USC 1613.

Rail passenger service, reimbursement to States. 49 USC 1614. Intercity rail passenger service, exclusion.

Pro rata passenger-miles distribution.

�


text:
Page:United States Statutes at Large Volume 91.djvu/1420

 91 STAT. 1386 Operating expenses, use of funds.

Appropriation authorization.

PUBLIC LAW 95-187—NOV. 16, 1977 "(d) Financial assistance authorized by subsection (a) may be applied to the payment of operating expenses or programs to correct deferred maintenance within the meaning of section 304(e)(5)(C) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 744(e)), but in no case may it exceed the total of the amounts applied by the grantee from its own funds to the payment of operating expenses and programs to correct deferred maintenance for the same fiscal period. "(e) Financial assistance provided pursuant to subsection (a) of this section shall be subject to such terms, conditions, requirements, and provisions as the Secretary may deem necessary and appropriate. "(f) To finance assistance under this section, the Secretary may incur obligations on behalf of the United States in the form of grants, contract agreements, or otherwise, in such amounts as are provided in appropriations Acts, in an aggregate not to exceed $20,000,000. There are authorized to be appropriated for liquidation of the obligations incurred under this section not to exceed $20,000,000 by September 30, 1979, such sum to remain available until expended.". Approved November 16, 1977.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-732 (Comm. on Public Works and Transportation). CONGRESSIONAL RECORD, Vol. 123 (1977): Oct. 25, considered and passed House. Nov. 2, considered and passed Senate, amended. Nov. 3, House agreed to Senate amendment. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 13, No. 47: Nov. 16, Presidential statement.

�


text:
Page:United States Statutes at Large Volume 91.djvu/1421

 9 1 STAT. 1387

PUBLIC LAW 95-188—NOV. 16, 1977

Public Law 95-188 95th Congress An Act To extend the authority for the flexible regulation of interest rates on deposits and accounts in depository institutions, to promote the accountability of the Federal Reserve System, and for other purposes. Be it enacted by the Senate and House of Representatives United States of America in Congress assembled,

Nov. 16, 1977 [H.R. 9710]

of the

Depository institutions. Interest rate TITLE I—REGULATION OF INTEREST RATES controls, SEC. 101. Section 7 of the Act of September 21, 1966 (Public Law extension. 89-597), is amended by striking out "December 15, 1977" and inserting 12 USC 461 note. in lieu thereof "December 15, 1978". Federal Reserve Reform Act of 1977. SEC. 201. This title may be cited as the "Federal Reserve Reform 12 USC 226 note. Act of 1977". TITLE II—AMENDMENTS TO THE RESERVE ACT

FEDERAL

CONGRESSIONAL-FEDERAL RESERVE DIALOG OX MONETARY POLICY

SEC. 202. Insert a new section 2A immediately after section 2 of the Federal Reserve Act to read as follows: u GENERAL P O L I C Y: CONGRESSIONAL

REVIEW

" SEC. 2 A. The Board of Governors of the Federal Reserve System and the Federal Open Market Committee shall maintain long run growth of the monetary and credit aggregates commensurate with the economy's long r u n potential to increase production, so as to promote effectively the goals of maximum employment, stable prices, and moderate long-term interest rates. The B o a r d of Governors shall consult with Congress at semiannual hearings before the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Banking, Finance and Urban Affairs of the House of Representatives about the Board of Governors' and the Federal Open Market Committee's objectives and plans with respect to the ranges of growth or diminution of monetary and credit aggregates for the upcoming twelve months, taking account of past and prospective developments in production, employment, and prices. Nothing in this Act shall be interpreted to require that such ranges of growth or diminution be achieved if the Board of Governors and the Federal Open Market Committee determine that they cannot or should not be achieved because of changing conditions.".

12 USC 225a.

Semiannual hearings before congressional committees.

BOARD OF DIRECTORS OF FEDERAL RESERVE BANKS

SEC. 202. The following paragraph s of section 4 of the Federal 12 USC 301 Reserve Act are amended: (a) the tenth paragraph by inserting after the comma the fol- and note. lowing: "without discrimination on the basis of race, creed, color, 12 USC 302. sex, or national origin,".

�


text:
Page:United States Statutes at Large Volume 91.djvu/1422

 91 STAT. 1388 12 USC 302.

12 USC 302.

PUBLIC LAW 95-188—NOV. 16, 1977 (b) the eleventh paragraph by striking all after "members," and substituting "who shall represent the public and shall be elected without discrimination on the basis of race, creed, color, sex, or national origin, and with due but not exclusive consideration to the interests of agriculture, commerce, industry, services, labor, and consumers.". (c) the twelfth paragraph by inserting immediately after the first sentence thereof the following sentence: "They shall be elected to represent the public, without discrimination on the basis of race, creed, color, sex, or national origin, and with due but not exclusive consideration to the interests of agriculture, commerce, industry, services, labor, and consumers.".

SENATE CONFIRMATION OF CHAIRMAN AND VICE CHAIRMAN OF BOARD OF GOVERNORS

Effective date. 12 USC 242 note.

SEC. 204. (a) The third sentence of the second paragraph of section 10 of the Federal Reserve Act (12 U.S.C. 242) is amended to read as follows: "Of the persons thus appointed, one shall be designated by the President, by and with the advice and consent of the Senate, to serve as Chairman of the Board for a tenn of four years, and one shall be designated by the President, by and with the consent of the Senate, to serve as Vice Chairman of the Board for a term of four years.". (b) The amendment made by subsection (a) takes effect on January 1, 1979, and applies to individuals who are designated by the President on or after such date to serve as Chairman or Vice Chairman of the Board of Governors of the Federal Reserve System. CONFLICTS OF INTEREST

SEC. 205. (a) Subsection 208(a) of title 18, United States Code, is amended by adding "a Federal Reserve bank director, officer, or employee," immediately before "or of the District of Columbia". (b) Subsection 208(b) of title 18, United States Code, is amended by adding the following new sentence at the end thereof: "In the case of class A and B directors of Federal Reserve banks, the Board of Governors of the Federal Reserve System shall be the Government official responsible for appointment.". REFERENCES TO FEDERAL RESERVE ACT PARAGRAPHS

12 USC 226.

SEC. 206. References in this title to paragraphs of the Federal Reserve Act refer to the paragraphs as designated in the compilation of the Federal Reserve Act as amended through 1974, compiled under the direction of the Board of Governors of the Federal Reserve System in its legal division. TITLE III—AMENDMENTS TO THE BANK HOLDING COMPANY ACT OF 1956

Acquired shares, disposition, time extension.

SEC. 301. (a) Section 3(a) of the Bank Holding Company Act of 1956 (12 U.S.C. 1842(a)) is amended by inserting after the second sentence the following new sentence: "The Board is authorized upon application by a bank to extend, from time to time for not more than

�


text:
Page:United States Statutes at Large Volume 91.djvu/1423

 PUBLIC LAW 95-188—NOV. 16, 1977 one year at a time, the two-year period referred to above for disposing of any shares acquired by a bank in the regular course of securing or collecting a debt previously contracted in good faith, if, in the Board's judgment, such an extension would not be detrimental to the public interest, but no such extension shall in the aggregate exceed three years.". (b) Section 2(a)(5)(D) of such Act (12 U.S.C. 1841(a)(5)(D)) is amended by adding at the end thereof the following new sentence: "The Board is authorized upon application by a company to extend, from time to time for not more than one year at a time, the two-year period referred to herein for disposing of any shares acquired by a company in the regular course of securing or collecting a debt previously contracted in good faith, if, in the Board's judgment, such an extension would not be detrimental to the public interest, but no such extension shall in the aggregate exceed three years.". (c) Section 4(c)(2) of the Bank Holding Company Act of 1956, as amended (12 U.S.C. 1843(c)(2)), is amended by striking out "shares acquired by a bank in satisfaction of a debt previously contracted in good faith, but such bank shall dispose of such shares within a period of two years" and inserting in lieu thereof the following: "'shares acquired by a bank holding company or any of its subsidiaries in satisfaction of a debt previously contracted in good faith, but such shares shall be disposed of within a period of two years". SEC. 302. Section 3(b) of the Bank Holding Company Act of 1956 (12 U.S.C. 1842) is amended to read as follows: "(b) Upon receiving from a company any application for approval under this section, the Board shall give notice to the Comptroller of the Currency, if the applicant company or any bank the voting shares or assets of which are sought to be required is a national banking association or a District bank, or to the appropriate supervisory authority of the interested State, if the applicant company or any bank the voting shares or assets of which are sought to be acquired is a State bank, in order to provide for the submission of the views and recommendations of the Comptroller of the Currency or the State supervisory authority, as the case may be. The views and recommendations shall be submitted within thirty calendar days of the date on which notice is given, or within ten calendar days of such date if the Board advises the Comptroller of the Currency or the State supervisory authority that an emergency exists requiring expeditious action. If the thirtyday notice period applies and if the Comptroller of the Currency or the State supervisory authority so notified by the Board disapproves the application in writing within this period, the Board shall forthwith give written notice of that fact to the applicant. Within three days after giving such notice to the applicant, the Board shall notify in writing the applicant and the disapproving authority of the date for commencement of a hearing by it on such application. Any such hearing shall be commenced not less than ten nor more than thirty days after the Board has given written notice to the applicant of the action of the disapproving authority. The length of any such hearing shall be determined by the Board, but it shall afford all interested parties a reasonable opportunity to testify at such hearing. At the conclusion thereof, the Board shall, by order, grant or deny the application on

91 STAT. 1389

Bank shares or assets, applications for acquisition. Notice to Comptroller of the Currency or State supervisory authority. Views and recommendations.

Disapproval.

Hearings.

�


text:
Page:United States Statutes at Large Volume 91.djvu/1424

 91 STAT. 1390 Applications, nonaction deemed approval.

Acquisitions, -mergers, <ind consolidations. Notification to Attorney General. 12 USC 1842.

Antitrust actions.

Judicial standards.

PUBLIC LAW 95-188—NOV. 16, 1977 the basis of the record made at such hearing. In the event of the f aihire of the Board to act on any application for approval under this section within the ninety-one-day period which begins on the date of submission to the Board of the complete record on that application, the application shall be deemed to have been granted. Notwithstanding any other provision of this subsection, if the Board finds that it nmst act immediately on any application for approval under this section in order to prevent the probable failure of a bank or bank holding company involved in a proposed acquisition, merger, or consolidation transaction, the Board may dispense with the notice requirements of this subsection, and if notice is given, the Board may request that the views and recommendations of the Comptroller of the Currency or the State supervisory authoj'ity, as the case may be. be submitted immediately in any form or by any means acceptable to the Board. If the Board has found pursuant to this subsection either" that an emergency exists requiiing expeditious action or that it nmst act immediately to prevent probable failni-e. the l^oard may g r a n t or deny any such application without a hearing notwithstanding any recommended disapproval by the appropriate supervisory authority.". SEC. 303. Section 11(b) "of the I k n k Holding Company Act of 1966 (12 U.S.C. 1849) is amended to read as follows: " (b) The Board shall immediately notify the Attorney General of any approval by it pursuant to section 3 of a proposed acquisition, merger, or consolidation transaction. If the Board has found that it must act immediately in order to prevent the probable failure of a bank or bank holding company involved in any such transaction, the transaction may be consummated immediately upon approval by the Board. If the Board has advised the Comptroller of the (^urrency or the State supervisory authority, as the case may be, of the existence of an emergency requiring expeditious action and has required the submission of views and recommendations within ten days, the transaction may not be consumnuited before the fiftli calendar day after the date of approval by the Board. I n all other cases, the transaction may not be consummated before the thirtieth calendar day after the date of approval by the Board. Any action brought under the antitrust laws arising out of an acquisition, merger, or consolidation transaction approved under section 3 shall be commenced prior to the earliest time under this subsection at which the transaction approval under section 3 might be consummated. The commencement of such an action shall stay the effectiveness of the Board's approval unless the court shall otherwise specifically order. In any such action, the court shall review de novo the issues presented. In any judicial proceeding attacking any acquisition, merger, or consolidation transaction approved pursuant to section 3 on the ground that such transaction alone and of itself constituted a violation of any antitrust laws other than section 2 of the Act of eluly 2, 1890 (section 2 of the Sherman A n t i t r u s t Act, 15 U.S.C. 2), the standards applied by the court shall be identical with those that the Board is directed to apply under section 3 of this Act. Upon the consummation of an acquisition, merger, or consolidation transaction approved under section 3 in compliance with this Act and after the termination of any antitrust litigation commenced within the period prescribed in this section, or upon the termination of such period if no such litigation is

�


text:
Page:United States Statutes at Large Volume 91.djvu/1425

 PUBLIC LAW 95-188—NOV. 16, 1977 commenced therein, the transaction may not thereafter be attacked in any judicial proceeding on the ground that it alone and of itself constituted a violation of any antitrust laws other than section 2 of the Act of July 2, 1890 (section 2 of the Sherman Antitrust Act, 15 U.S.C. 2), but nothing in this Act shall exempt any bank holding company involved in such a transaction from complying with the antitrust laws after the consummation of such transaction,". Approved November 16, 1977,

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-774 (Comm. on Banking, Finance and Urban Affairs). CONGRESSIONAL RECORD, VoL 123 (1977): Oct. 31, considered and passed House. Nov. 1, considered and passed Senate, amended. Nov. 2, House concurred in Senate amendment.

29-194

0 - 8 0

91 STAT. 1391

�


text:
Page:United States Statutes at Large Volume 91.djvu/1426

 91 STAT. 1392

PUBLIC LAW 95-189—NOV. 16, 1977

Public Law 95-189 95th Congress An Act Nov. 16, 1977 [S. 2281]

River basin plans. Monetary authorization.

Authorizing an increase in the monetary authorization for nine comprehensive river basin plans. Be it enacted by the Senate and Hmise of Representatives of the United States of America in Congress assembled, That (a) in addition to previous authorizations, there is hereby authorized to be appropriated for the prosecution of the comprehensive plan of development of each river basin under the jurisdiction of the Secretary of the Army referred to in the first column below, which was basically authorized by the Act referred to by date of enactment in the second column below, an amount not to exceed that shown opposite such river basin in the t h i r d column below: Act of Basin Congress Amount Alabama-Coosa River Basin March 2, 1945 $5, 000, 000 Arkansas River Basin June 28, 1938 1, 000, 000 Brazos River Basin September 3, 1954 14, 000, 000 Mississippi River and tributaries May 15, 1928 22, 000, 000 Missouri River Basin June 28, 1988 59, 000, 000 North Branch, Susquehanna River Basin July 3, 1958 32, 000, 000 Ohio River Basin June 22, 1936 18, 000, 000 San Joaquin River Basin December 22, 1944 61, 000, 000 South Platte River Basin May 17, 1950 3, 000, 000 (b) The total amount authorized to be appropriated by this title shall not exceed $215,000,000. Approved November 16, 1977.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-799, accompanying H.R. 9881 (Comm. on Public Works and Transportation). SENATE REPORT No. 95-585 (Comm. on Environment and Public Works). CONGRESSIONAL RECORD, Vol. 123 (1977): Nov. 3, considered and passed Senate; considered and passed House, in lieu of H.R. 9881.

�


text:
Page:United States Statutes at Large Volume 91.djvu/1427

 PUBLIC LAW 95-190—NOV. 16, 1977

91 STAT. 1393

Public Law 95-190 95th Congress An Act To amend section 2 of the Safe Drinking Water Act (Public Law 93-523) to extend and increase authorizations provided for public water systems.

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

Nov. 16, 1977 [S. 1528]

Safe Drinking Water Amendments of 1977.

1. This Act may be cited as the "Safe Drinking Water 42 USC 201 note. Amendments of 1977". SECTION

AUTHORIZATION OF APPROPRIATIONS

SEC. 2. (a) Section 1442(c) of the Public Health Service Act is amended by inserting "other than subsection (a)(2)(B) and provisions relating to research" after "section"; by striking out "and"; and by striking out the period at the end thereof and substituting "; and $17,000,000 for each of the fiscal years 1978 and 1979. There are authorized to be appropriated to carry out subsection (a)(2)(B) $8,000,000 for each of the fiscal years 1978 and 1979.". (b) Section 1443(a)(5) of such Act is amended by striking out "and" and by inserting before the period at the end thereof: ", $35,000,000 for fiscal year 1978, and $45,000,000 for fiscal year 1979". (c) Section 1443(b)(5) of such Act is amended by striking out "and", and by inserting before the period at the end thereof: ". and $10,000,000 for each of the fiscal years 1978 and 1979". (d) Section 3(c) of the Safe Drinking Water Act is amended by striking out "and" and by inserting "; and $1,000,000 for each of fiscal years 1978 and 1979" after "1977". (e) Nothing in this Act shall be construed to authorize the appropriation of any amount for research under title X IV of the Public Health Service Act (relating to safe drinking water).

42 USC SOOj-l,

Grants for State programs. 42 USC 300J-2.

Rural water survey. 42 USC 300f note. 42 USC 300f note. 42 USC 300f.

STUDIES

SEC. 3. (a) Section 1442(a)(3) of the Public Health Service Act is 42 USC SOOj-l. amended by inserting " (A) " after " (3)" and by adding the following at the end thereof: "(B) Not later than eighteen months after the date of enactment of Report to this subparagraph, the Administrator shall submit a report to Con- Congress, gress which identifies and analyzes— " (i) the anticipated costs of compliance with interim and revised national primary drinking water regulations and the anticipated costs to States and units of local governments in implementing such regulations; "(ii) alternative methods of (including alternative treatment techniques for) compliance with such regulations; "(iii) methods of paying the costs of compliance by public water systems with national primary drinking water regulations, including user charges, State or local taxes or subsidies. Federal grants (including planning or construction grants, or both), loans, ^

�


text:
Page:United States Statutes at Large Volume 91.djvu/1428

 91 STAT. 1394

PUBLIC LAW 95-190—NOV. 16, 1977

and loan guarantees, and other methods of assisting in paying the costs of such compliance; "(iv) the advantages and disadvantages of each of the methods referred to in clauses (ii) and (iii); "(v) the sources of revenue presently available (and projected to be available) to public water systems to meet current and future expenses; and "(vi) the costs of drinking water paid by residential and industrial consumers in a sample of large, medium, and small public water systems and of individually owned wells, and the reasons for any differences in such costs. The report required by this subparagraph shall identify and analyze the items required in clauses (i) through (v) separately with respect Recommendato public water systems serving small communities. The report required tions. by this subparagraph shall include such recommendations as the Administrator deems appropriate.". Report to (b) Section 1442 of such Act is amended by redesignating subsection Congress. 42 USC 300J-1. (c) as (e) and by inserting the following new subsection after subsection (b): "(c) Not later than eighteen months after the date of enactment of this subsection, the Administrator shall submit a report to Congress on the present and projected future availability of an adequate and dependable supply of safe drinking water to meet present and projected future need. Such report shall include an analysis of the future demand for drinking water and other competing uses of water, the availability and use of methods to conserve water or reduce demand', the adequacy of present measures to assure adequate and dependable supplies of safe drinking water, and the problems (financial, legal, or other) which need to be resolved in order to assure the availability of such supplies for the future. Existing information and data compiled by the National Water Commission and others shall be utilized to the extent possible.". 42 USC 300g-l. (c) Section 1412(e)(2) of such Act is amended by inserting before the period at the end of the first sentence thereof the following: ", and revisions thereof reflecting new information which has become available since the most recent previous report shall be reported to the Congress each two years thereafter". 42 USC 300f (d) Section 3(b) of the Safe Drinking Water Act is amended by note. striking out "for transmittal" and inserting "and" in lieu thereof. Ante, p. 1393. (e)(i) Section 1442(a) of such Act is amended by adding the following new paragraphs at the end thereof: contaminants, "(10) The Administrator shall carry out a study of the reaction of studies. chlorine and humic acids and the effects of the contaminants which result from such reaction on public health and on the safety of drinking water, including any carcinogenic effect. "(11) The Administrator shall carry out a study of poly chlorinated biphenyl contamination of actual or potential sources of drinking water, contamination of such sources by other substances known or suspected to be harmful to public health, the effects of such contamination, and means of removing, treating, or otherwise controlling Grants. such contamination. To assist in carrying out this paragraph, the Administrator is authorized to make grants to public agencies and private nonprofit institutions.". 42 USC 300f (2) Nothing in this Act shall be construed to alter or affect the n"te. Administrator's authority or duty under title 14 of the Public Health 42 USC 300f. Service Act to promulgate regulations or take other action with respect to any contaminant.

�


text:
Page:United States Statutes at Large Volume 91.djvu/1429

 PUBLIC LAW 95-190—NOV. 16, 1977

91 STAT. 1395

TRAINING

SEC. 4. Section 1442 of the Public Health Service Act, as amended Grants, by section 3(b) of this Act, is further amended by inserting the fol- Ante, p. 1394. lowing new subsection after subsection (c): "(d) The Administrator shall— " (1) provide training for, and make grants for training (including postgraduate training) of (A) personnel of State agencies which have primary enforcement responsibility and of agencies or units of local government to which enforcement responsibilities ' have been delegated by the State, and (B) personnel who manage or operate public water systems, and "(2) make grants for postgraduate training of individuals (including grants to educational institutions for traineeships) for purposes of qualifying such individuals to work as personnel referred to in paragraph (1). Reasonable fees may be charged for training provided under para- Fees, graph (1)(B) to persons other than personnel of State or local agencies but such training shall be provided to personnel of State or local agencies without charge.". GRANTS FOR STATE PROGRAMS

SEC. 5. (a) Section 1443(a) of the Public Health Service Act is amended by redesignating paragraph (5) as paragraph (7) and by inserting after paragraph (4) the following new paragraphs: " (5) The prohibition contained in the last sentence of paragraph (2) may be waived by the Administrator with respect to a grant to a State through fiscal year 1979 but such prohibition may only be waived if, in the judgment of the Administrator— "(A) the State is making a diligent effort to assume and maintain primary enforcement responsibility for public water systems within the State; "(B) the State has made significant progress toward assuming and maintaining such primary enforcement responsibility; and "(C) there is reason to believe the State will assume such primary enforcement responsibility by October 1, 1979. The amount of any grant awarded for the fiscal years 1978 and 1979 pursuant to a waiver under this paragraph may not exceed 75 per centum of the allotment which the State would have received for such fiscal year if it had assumed and maintained such primary enforcement responsibility. The remaining 25 per centum of the amount allotted to such State for such fiscal year shall be retained by the Administrator, and the Administrator may award such amount to such State at such time as the State assumes such responsibility before the beginning of fiscal year 1980. At the beginning of each fiscal years 1979 and 1980 the amounts retained by the Administrator for any preceding fiscal year and not awarded by the beginning of fiscal year 1979 or 1980 to the States to which such amounts were originally allotted may be removed from the original allotment and reallotted for fiscal year 1979 or 1980 (as the case ma;;^ be) to States which have assumed primary enforcement responsibility by the beginning of such fiscal year. "(6) The Administrator shall notify the State of the approval or disapproval of any application for a grant under this section— " (A) within ninety days after receipt of such application, or "(B) not later than the first day of the fiscal year for which the grant application is made, whichever is later.".

Prohibition, waiver. Ante, p. 1393.

Allotment limitations.

Applications, notification to States.

�


text:
Page:United States Statutes at Large Volume 91.djvu/1430

 91 STAT. 1396

PUBLIC LAW 95-190—NOV, 16, 1977 EXTENSION OF DEADLINE FOR STATE UNDERGROUND I N J E C T I O N CONTROL PROGRAMS

42 USC 300h-l.

Regulations. 42 USC 300h.

SEC. 6. (a) Section 1422(b)(1)(A) of the Public Health Service Act is amended by inserting the following new sentence at the end thereof: "The Administrator may, for good cause, extend the date for submission of an application by any State under this subparagraph for a period not to exceed an additional 270 days.". (b) Section 1421(b) of such Act is amended by inserting the following new paragraph at the end thereof: "(3)(A) The regulations of the Administrator under this section shall permit or provide for consideration of varying geologic, hydrological, or historical conditions in different States and in different areas within a State. "(B)(i) In prescribing regulations under this section the Administrator shall, to the extent feasible, avoid promulgation of requirements which would unnecessarily disrupt State underground injection control programs which are in effect and being enforced in a substantial number or States. "(ii) For the purpose of this subparagraph, a regulation prescribed by the Administrator under this section shall be deemed to disrupt a State underground injection control program only if it would be infeasible to comply with both such regulation and the State underground injection control program. " (iii) For the purpose of this subparagraph, a regulation prescribed by the Administrator under this section shall be deemed unnecessary only if, without such regulation, underground sources of drinking water will not be endangered by any underground injection. "(C) Nothing in this section shall be construed to alter or affect the duty to assure that underground sources of drinking water will not be endangered by any underground injection.". EXTENSION OF AUTHORITY TO ASSURE AVAILABILITY OF CHEMICALS NEEDED FOR WATER TREATMENT

42 USC 300j. ,.,,

SEC. 7. Section 1441(f) of the Public Health Service Act is amended by striking out "June 30, 1977" and inserting in lieu thereof "September 30, 1979". FEDERAL AGENCIES

42 USC 300J-6.

SEC. 8. (a) Section 1447(a) of the Public Health Service Act is amended to read as follows: " FEDERAL AGENCIES

42 USC 300h.

"SEC. 1447. (a) Each Federal agency (1) having jurisdiction over any federally owned or maintained public water system or (2) engaged in any activity resulting, or which may result in, underground injection which endangers drinking water (within the meaning of section 1421 (d)(2)) shall be subject to, and comply with, all Federal, State, and local requirements, administrative authorities, and process and sanctions respecting the provision of safe drinking water and respecting any underground injection program in the same manner, and to the same extent, as -any nongovernmental entity. The preceding sentence shall apply (A) to any requirement whether substantive or procedural

�


text:
Page:United States Statutes at Large Volume 91.djvu/1431

 <?$=,

PUBLIC LAW 95-190—NOV. 16, 1977

91 STAT. 1397

(including any recordkeeping or reporting requirement, any requirement respecting permits, and any other requirement whatsoever), (B) to the exercise of any Federal, State, or local administrative authority, and (C) to any process or sanction, whether enforced in Federal, State, or local courts or in any other manner. This subsection shall apply, notwithstanding any immunity of such agencies, under any law or rule of law. No officer, agent, or employee of the United States shall Liability. be personally liable for any civil penalty under this title with respect to any act or omission within the scope of his official duties.". "Person." (b) Section 1401(12) of such Act is amended to read as follows: "(12) The term 'person' means an individual, corporation, company, 42 USC 300f. association, partnership. State, municipality, or Federal agency (and includes officers, employees, and agents of any corporation, company, association. State, municipality, or Federal agency).". (c) Section 1449(e) of such Act is amended by adding the following Citizen's civil at the end thereof: "Nothing in this section or in any other law of the actions. United States shall be construed to prohibit, exclude, or restrict any 42 USC 300J-8. State or local government from— " (1) bringing any action or obtaining any remedy or sanction in any State or local court, or "(2) bringing any administrative action or obtaining any administrative remedy or sanction, against any agency of the United States under State or local law to enforce any requirement respecting the provision of safe drinking water or respecting any underground injection control program. Nothing in this section shall be construed to authorize judicial review Judicial review. of regulations or orders of the Administrator under this title, except as provided in section 1448. For provisions providing for application of 42 USC 300J-7. certain requirements to such agencies in the same manner as to nongovernmental entities, see section 1447.". Ante, p. 1396; (d) Section 1447 of such Act is further amended by inserting at the Infra. Federal agencies. end thereof a new subsection (c): "(c)(1) Nothing in the Safe Drinking Water Amendments of 1977 42 USC 300J-6. shall be construed to alter or affect the status of American Indian Indian rights and lands or water rights nor to waive any sovereignty over Indian lands sovereignty. guaranteed by treaty or statute. .• "(2) For the purposes of this Act, the term 'Federal agency' shall "Federal not be construed to refer to or include any American Indian tribe, nor agency." to the Secretary of the Interior in his capacity as trustee of Indian lands.". EMERGENCY ASSISTANCE

»

SEC. 9. Section 1442(a)(2) of the Public Health Service Act is amended by inserting " (A) " after " (2) " and by adding the following new subparagraph at the end thereof: "(B) The Administrator is authorized to provide technical assistance and to make grants to States, or publicly owned water systems to assist in responding to and alleviating any emergency situation respecting drinking water which the Administrator determines ^i) may reasonably be anticipated to endanger public health, and (ii) arises from unknown conditions or conditions which such entity is unable to remedy without such emergency assistance.".

42 USC 300j-l. Technical assistance and grants,

�


text:
Page:United States Statutes at Large Volume 91.djvu/1432

 91 STAT. 1398

PUBLIC LAW 95-190—NOV. 16, 1977 TECHNICAIi AND CONFORMING AMENDMENTS

42 USC 300g-5. 42 USC 300i-l.

SEC. 10. (a) Section 1416(b)(1) of the Public Health Service Act is amended hj striking out "containment" wherever it appears therein and by inserting in lieu thereof "contaminant". (b) Section 1442(b)(3)(C) of such Act is amended by striking out "1443 (d) " and by inserting in lieu thereof "1443 (c)". AGENCY PERSONNEL

SEC. 11. (a) Subsection (a) of section 5108 of title 5, United States Code, is amended by striking out "an aggregate of 3,243" and inserting in lieu thereof "an aggregate of 3,293".. 42 USC 300J-10. (b) To the extent that the Administrator of the Environmental Protection Agency deems such action necessary to the discharge of 42 USC 300f. his functions under title X IV of the Public Health Service Act (relating to safe drinking water) and under other provisions of law, he may appoint personnel to fill not more than thirty scientific, engineering, professional, legal, and administrative positions within the Environmental Protection Agency without regard to the civil service laws and may fix the compensation of such personnel not in excess of the maximum rate payable for GS-18 of the General Schedule under 5 USC 5332 note, section 5332 of title 5", United States Code. '

National drinking water regulations. Ante, p. 1394.

State enforcement, failure. 42 USC 300g-3. Contaminant levels, notice to water users.

Infra.

Records and inspections.

42 USC 300J-4.

MONITORING OF UNREGULATED POLLUTANTS

SEC. 12. (a) Section 1412(e)(2) of the Public Health Service Act is amended by striking the word "and" at the end of clause (E) and by striking the period at the end of clause (F) and inserting in lieu thereof: "; and", and by adding the following new clause at the end thereof: "(G) periodic assessments and evaluations of unregulated contaminants which may require continuous monitoring or regulation.". (b)(1) Section 1414(c) of such Act is amended by striking out "form and manner for giving such notice. Such notice" and inserting in lieu thereof "form, manner, and frequency for giving notice under this subsection. Notice under the first sentence of this subsection". (2) Section 1414(c) is further amended by inserting: "The Administrator may also require the owner or operator of a public water system to give notice to the persons served by it of contaminant levels of any unregulated contaminant required to be monitored under section 1445(a)." after "issued by the system.". (3) Section 1414(c) is further amended by striking out "thereunder" and inserting in lieu thereof "issued under this subsection". (c) Section 1445(a) of such Act is amended by striking out "or" before "in administering", and by inserting before the period at the end thereof: ", in evaluating the health risks of unregulated contaminants, or in advising the public of such risks". (d) Section 1445(b)(1) of such Act is amended by inserting " (A) " immediately after "person subject to", by striking out "or" after "1412" and inserting in lieu thereof ", (B) an", by striking out "(or person" and substituting the following: ", or (C) any requirement to monitor an unregulated contaminant pursuant to subsection (a), or

�


text:
Page:United States Statutes at Large Volume 91.djvu/1433

 PUBLIC LAW 95-190—NOV. 16, 1977

91 STAT. 1399

person", and by striking out the parenthesis after "or other person" and substituting "referred to in clause (A), (B), or (C)". EMERGENCY ASSISTANCE

SEC. 13. Section 1442(a)(2)(B) of the Public Health Service Act, as amended by section 9 of this Act, is further amended by striking Ante, p. 1397. out "respecting drinking water" and all that follows down through the period at the end thereof and substituting: "affecting public water systems (including sources of water for such systems) which the Administrator determines to present substantial danger to the public health. Grants provided under this subparagraph shall be used only to sup- Grants, port those actions which (i) are necessary for preventing, limiting or mitigating danger to the public health in such emergency situation and (ii) would not, in the judgment of the Administrator, be taken without such emergency assistance. The Administrator may carry out the program authorized under this subparagraph as part of, and in accordance with the terms and conditions of, any other program of assistance for environmental emergencies which the Administrator is authorized to carry out under any other provision of law. No limitation on appropriations for any such other program shall apply to amounts appropriated under this subparagraph.". CLEAN AIR ACT TECHNICAL AND CONFORMING

AMENDMENTS

SEC. 14. (a) The Clean Air Act is amended as follows: (1) in section 110(a)(2)(H) insert a semicolon at the end thereof; (2) in section 110(a)(2)(J) strike out the comma at the end thereof and substitute a semicolon; (3) in section 110(a)(5)(D) strike out "preconstruction or premodification"; (4) in section 110(a)(3) add the following new subparagraph at the end thereof: "(D) Any applicable implementation plan for which an attainment date later than December 31, 1982, is provided pursuant to section 172(a)(2) shall be revised by July 1, 1979, to include the comprehensvie measures and requirements referred to in subsection (c)(5)(B)/'; (5) in section 110 redesignate subsections (g), (h), and (i) (as added by section 108(g) of the Clean Air Act Amendments of 1977) as (h), (i),and (j),respectively; (6) in section llO(j), as redesignated by paragraph (5) of this subsection, strike out "at such source will enable it" and substitute "will enable such source"; (7) in section 111(a) redesignate paragraph (7) (as added by section 109(f) of the Clean Air Act Amendments of 1977) as paragraph (8); (8) in section 111 strike out subsection (j) and redesignate the following subsections accordingly; (9) in section l l l (j)(2), as redesignated by paragraph (8) of this subsection, strike out" (8)" and substitute " (B) ";

State implementation plans for ambient air quality standards. 42 USC 7410. Ante, p. 694. Ante, p. 695.

Ante, p. 746.

Ante, p. 696.

New stationary sources, performance standards. Ante, p. 703. Ante, p. 701.

�


text:
Page:United States Statutes at Large Volume 91.djvu/1434

 91 STAT. 1400 Federal enforcement procedures. Ante, p. 704.

Ante, p. 705. Ante, p. 705. Compliance orders. Ante, p. 705.

Ante, p. 715.

Determination. Ante, p. 705.

42 USC 7604.

42 USC 7414. 42 USC 7521.

42 USC 7416. 42 USC 7401 note.

PUBLIC LAW 95-190—NOV. 16, 1977 (10) in section 113(b)(3) insert a comma after "coal conversion)" and after "smelter orders)"; and strike out "320" and insert in lieu thereof "324"; (11) in section 113(b)(3) (as amended by section 111(c)(3) of the Clean Air Act Amendments of 1977), insert "or" at the end thereof; (12) in section 113(c)(1)(B) (as amended by section 111(d) (2) of the Clean Air Act Amendments of 1977), insert "or" at the end thereof; (13) in section 113(c)(1)(D) insert a comma after "Act)" and insert a comma after "penalties)"; (14) in section 113(d)(1) strike out "an order for any stationary source which" and insert in lieu thereof "to any stationary source which is unable to comply with any requirement of an applicable implementation plan an order which" and strike out "any requirement of an applicable implementation plan" and insert in lieu thereof "such requirement"; (15) in section 113(d)(1)(E) insert ", unless exempted under section 120(a)(2)(B) or (C)," after "notifies the source that"; insert "effective July 1, 1979, as provided" after "noncompliance penalty"; and strike out "120" the second time it appears therein and insert in lieu thereof "120 (b)(3) or (g),"; (16) in section 113(d)(2) insert after the first sentence thereof the following^: "The Administrator shall determine, not later than 90 days after receipt of notice of the issuance of an order under this subsection with respect to any major stationary source, whether or not any State order under this subsection is in accordance with the requirements of this Act."; (17) in section 113(d)(4)(A) insert a closing parenthesis after "111(a)(1)"; (18) in the last sentence of section 113(d)(5)(A) strike out "an additional period of" and insert in lieu thereof "an additional period for"; (19) in section 113(d)(8) strike out "or (3)" after "paragraph (20) m section 113(d) (10) strike out "issued" and insert in lieu thereof "in effect"; and strike out "other" and insert in lieu thereof "Federal"; and strike out "or section 304" and substitute "and no action under section 304"; (21) in section 113(d) (11) strike out "(and approved by the Administrator)" and substitute "and in effect"; (22) in section 114(a) (iii) strike out "(except with respect to a manufacturer of motor vehicles or motor vehicle engines)" and insert in lieu thereof "(except a provision of title II with respect to a manufacturer of new motor vehicles or new motor vehicle engines)"; (23) in section 114(a)(1) insert "who owns or operates any emission source or who is" after "any person"; and insert "with respect to a provision of title II " after "208"; (24) in section 116 insert "(as in effect before the date of the enactment of the Clean Air Act Amendments of 1977)" after «and(f)»;

�


text:
Page:United States Statutes at Large Volume 91.djvu/1435

 PUBLIC LAW 95-190—NOV. 16, 1977 (25) in section 119(a), add the following new paragraph at the end thereof: " (3) For the purposes of sections 110, 304, and 307 of this Act, any order issued by the State and in effect pursuant to this subsection shall become part of the applicable implementation plan."; (26) in section 119(d)(3) strike out "319" and insert in lieu thereof "321"; (27) in the first sentence of section 119(e) strike out "such order" and insert in lieu thereof "an order under this section"; (28) in section 120(a)(2)(A)(i) insert "(whether or not such source is subject to a Federal or State consent decree)" after "plan"; (29) in section 120(a)(2)(A) (iii) insert", or Federal or State consent decree" after "subparagraph (B) "; and strike out "or suspension." at the end thereof and insert in lieu thereof ", suspension, or consent decree"; (30) in section 120(a)(2)(B)(i) insert "section 113(d)(5) or" after "under" and insert "(as in effect before the date of the enactment of the Clean Air Act Amendments of 1977)" after "119"; (31) in section 120(a)(2)(B) (ii) insert "(as in effect before the date of the enactment of the Clean Air Act Amendments of 1977)" after "119(c)(1)"; (32) in section 120(b)(8) strike out " (6) " and substitute "(4)"; (33) in section 120(b)(2)(A) strike out "subsection (e)" and insert in lieu thereof "subsection (a)(1)(B)(i) "; (34) in section 120(b), after paragraph (9) insert: "In any case in which the State establishes a noncompliance penalty under this section, the State shall provide notice thereof to the Administrator."; (35) in the next to last sentence of section 120(b) strike out "delayed compliance" and insert in lieu thereof "noncompliance"; strike out "publication of the proposed penalty" and insert in lieu thereof "receipt of notice of the State penalty assessment"; (36) in the last sentence of section 120(b) strike out "delayed compliance" and insert in lieu thereof "noncompliance"; and strike out "facility" and insert in lieu thereof "source"; (37) in section 120(d)(2)(A) insert "the economic value which a delay in compliance beyond July 1, 1979, may have for the owner of such source, including" after "no less than"; and strike out "which a delay in compliance beyond July 1, 1979, may have for the owner or operator of such source" and insert in lieu thereof "which such a delay may have for the owner or operator of such source"; (38) in section 120(e) insert a comma after " (b) "; (39) in section 126(a)(1) strike out ", relating to significant deterioration of air quality," and substitute "(relating to significant deterioration of air quality)"; (40) in section 162(a)(4) insert a comma after "size"; (41) in section 163(a) strike out "165(d)(2)(C) (iv)" and insert in lieu thereof "section 165(d)(2)(C) ( i v)) ";

91 STAT. 1401 Primary nonferrous smelter orders. Ante, p. 712. Ante, pp. 691, 771, 772.

Noncompliance penalty. Ante, p. 715.

42 USC 7401 note.

State penalty, notice.

Ante, p. 724.

Ante, p. 731. Ante, p. 732. Post, p. 1402.

�


text:
Page:United States Statutes at Large Volume 91.djvu/1436

 91 STAT. 1402 Ante, p. 733. Ante, p. 731.

Preconstruction requirements. Ante, p. 735. Ante, p. 1399.

Sulfur oxide emissions.

Definitions.

Ante, p. 740. Infra.

Ante, p. 740.

Ante, p. 1399. Nonattainment plan provisions. Ante, p. 746.

PUBLIC LAW 95-190—NOV. 16, 1977 (42) in section 164(b)(2) insert "or is inconsistent with the requirementsof section 162(a) or of subsection (a) of this section" after "this section"; (43) in section 164(e), insert "an" after "If any State affected by the redesignation of"; (44) in section 165(a)(1) strike out the colon at the end thereof and insert in lieu thereof a semicolon; (45) in section 165(a)(3) insert ", as required pursuant to section 110(j)," after "demonstrates"; (46) in section 165(b) insert "cause or" before "contribute"; and strike out "actual" before "allowable"; (47) in section 165(d)(2)(C) (ii) strike out "contrbute" and insert in lieu thereof "contribute"; (48) in section 165(d)(2)(C) (iii) strike out "quality related" and substitute "quality-related" and strike out the comma after "concentrations"; (49) in section 165(d)(2)(C) (iv) strike out "such sources" and substitute "such facility"; strike out "together with all other sources,"; and insert "cause or contribute to concentrations of such pollutant which" before "exceed"; (50) in section 165(d)(2)(D) (iii) strike out everything after "as may be necessary to assure that" down through the colon and insert in lieu thereof the following: "emissions of sulfur oxides from such facility will not (during any day on which the otherwise applicable maximum allowable increases are exceeded) cause or contribute to concentrations which exceed the following maximum allowable increases for such areas over the baseline concentration for such pollutant and to assure that such emissions will not cause or contribute to concentrations which exceed the otherwise applicable maximum allowable increases for periods of exposure of 24 hours or less on more than 18 days during any annual period:"; (51) in section 165(d)(2)(D) add the following new clause: "(iv) For purposes of clause (iii), the term 'high terrain area' means with respect to any facility, any area having an elevation of 900 feet or more above the base of the stack of such facility, and the term 'low terrain area' means any area other than a high terrain area."; (52) in the second sentence of section 168(b) strike out "in accordance with this definition" and insert in lieu thereof "(in accordance with the definition of 'commenced' in section 169(2)) "; (53) immediately after section 168, strike out subpart 2 of part C of title I of such Act and insert such subpart after section 169; (54) in section 169(2) add the following new subparagraph (C) at the end thereof: "(C) The term 'construction' when used in connection with any source or facility, includes the modification (as defined in section 111(a)) of any source or facility."; (55) in section 172(b)(4) strike out "paragraph (1)" and insert in lieu thereof "subsection (a) "; (56) in section 172(c) strike out "July 1, 1987" and insert in lieu thereof "December 31, 1987";

�