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Page:United States Statutes at Large Volume 91.djvu/1118

 91 STAT. 1084

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PUBLIC LAW 95-119—OCT. 4, 1977 allowance therefore as authorized by law (5 U.S.C. 5901-5902); and aid to State homes as authorized by law (38 U.S.C. 641); $4,721,686,000, plus reimbursements: Provided, That allotments and transfers may be made from this appropriation to the Public Health Service of the Department of Health, Education, and Welfare, and the Army, Navy, and Air Force of the Department of Defense, for disbursements by them under the various headings of their applicable appropriations, of such amounts as are necessary for the care and treatment of beneficiaries of the Veterans Administration. .,..,,,

,,;

MEDICAL AND PROSTHETIC RESEARCH

For expenses necessary for carrying out programs of medical and piosthetic research and development, as authorized by law, to remain available until expended, $107,000,000, plus reimbursements. i; MEDICAL ADMINISTRATION AND MISCELLANEOUS OPERATING EXPENSES

For expenses necessary for administration of the medical, hospital, domiciliary, construction and supply, research, employee education and training activities, as authorized by law, and for carrying out the provisions of section 6055, title 38, United States Code, relating to pilot programs and grants for exchange of medical information, $42,000,000, plus reimbursements. GENERAL OPERATING EXPENSES

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,:•

For necessary operating expenses of the Veterans Administration, not otherwise provided for, including uniforms or allowances therefor, ^^ authorized by law; not to exceed $2,500 for official reception and representation expenses; cemeterial expenses as authorized by law, purchase of thirteen passenger motor vehicles, for use in cemeterial operations, and hire of passenger motor vehicles; and reimbursement of the General Services Administration for security guard services, and the Department of Defense for the cost of overseas employee mail; $550,000,000. CONSTRUCTION, MAJOR PROJECTS

For constructing, altering, extending and improving any of the facilities under the jurisdiction or for the use of the Veterans Administration, or for any of the purposes set forth in sections 1004, 1006, 5001, 5002, 5004 and 5012 of title 38, United States Code, including planning, architectural and engineering services, and site acquisition, where the estimated cost of a project is $1,000,000 or more, $393,689,000, to remain available until expended: Provided, That none of these funds shall be used for any project which has not been considered and approved by the Congress in the budgetary process. CONSTRUCTION, MINOR PROJECTS

For constructing, altering, extending, and improving any of the facilities under the jurisdiction or for the use of the Veterans Administration, including planning, architectural and engineering services, and site acquisition, or for any of the purposes set forth in sections 1004, 1006, 5001, 5002, 5004, and 5012 of title 38, United States Code, where the estimated cost of a project is less than $1,000,000, and for necessary expenses of the Office of Construction, $94,106,00, to remain available until expended.

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Page:United States Statutes at Large Volume 91.djvu/1119

 91 STAT. 1085

PUBLIC LAW 95-119—OCT. 4, 1977 GRANTS FOR CONSTKUCnON OF STATE EXTENDED CARE FACILITIES

For grants to assist the several States to construct State nursing home facilities and to remodel, modify or alter existing hospital and domiciliary facilities in State homes, for furnishing care to veterans, as authorized by law (38 U.S.C. 644 and 5031-5037), $10,000,000, to remain available until September 30, 1980. ASSISTANCE

FOR H E A L T H

MANPOWER

TRAINING

INSTITUTIONS

For pilot programs for assistance in the establishment of new State medical schools, grants to affiliated medical schools, assistance to public and nonprofit institutions of higher learning, hospitals and other health manpower institutions affiliated with the Veterans Administration to increase the production of professional and other health personnel, and for expansion of Veterans Administration hospital education and training capacity as authorized by 38 U.S.C. chapter 82, 38 USC 5070 et seq. $45,611,000, to remain available until September 30, 1984. ,,,

GRANTS TO THE REPUBLIC OF THE P H I L I P P I N E S

For payment to the Republic of the Philippines of grants as authorized by law (38 U.S.C. 631-634), $1,700,000, of which $50,000 for hospital equipment, plant, and facilities rehabilitation grants shall remain available until expended. LOAN GUARANTY REVOLVING FUND

During the current fiscal year, the Loan guaranty revolving fund shall be available for expenses, but not to exceed $575,000,000, for property acquisitions, payment of participation sales insufficiencies, and other loan guaranty and insurance operations under chapter 37, title 38, United States Code, except administrative expenses, as author- 38 USC 1801 ized by section 1824 of such title: Provided, That the unobligated et seq. balances including retained earnings of the Direct loan revolving fund shall be available, during the current fiscal year, for transfer to the Loan guaranty revolving fund in such amounts as may be necessary to provide for the timely payment of obligations of such fund and the Administrator of Veterans Affairs shall not be required to pay interest on amounts so transferred after the time of such transfer. SUPPLY FUND

For necessary expenses of the Supply fund pursuant to Public Law 85-857, as amended (38 U.S.C. 5011), $20,000,000, to remain available until expended. ADMINISTRATIVE PROVISIONS

•

-

Not to exceed 5 per centum of any appropriation for the current fiscal year for "Compensation and pensions", "Readjustment benefits", and "Veterans insurance and indemnities" may be transferred to any other of the mentioned appropriations, but not to exceed 10 per centum of the appropriations so augmented. Appropriations available to the Veterans Administration for the current fiscal year for salaries and expenses shall be available for services as authorized by 5 U.S.C. 3109. No part of the appropriations in this Act for the Veterans Administration (except the appropriations for "Construction, major proj-

Funds, transfer,

Experts and consultants, Hospital construction, limitation.

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Page:United States Statutes at Large Volume 91.djvu/1120

 91 STAT. 1086

PUBLIC LAW 95-119—OCT. 4, 1977 ects" and "Construction, minor projects") shall be available for the purchase of any site for or toward the construction of any new hospital or home. No part of the foregoing appropriations shall be available for hospitalization or examination of any persons except beneficiaries entitled under the laws bestowing such benefits to veterans, unless reimbursement of cost is made to the appropriation at such rates as may be fixed by the Administrator of Veterans Affairs. 5^./

TITLE III CORPORATIONS

Corporations and agencies of the Department of Housing and Urban Development and the Federal Home Loan Bank Board which are 31 USC 841 note, subject to the Government Corporation Control Act, as amended, are hereby authorized to make such expenditures, within the limits of funds and borrowing authority available to each such corporation » or agency and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by 31 USC 849. section 104 of the Act as may be necessary in carrying out the programs set forth in the budget for the current fiscal year for such corporation or agency except as hereinafter provided: Provided, That collections of these corporations and agencies may be used for new loan or mortgage purchase commitments only to the extent expressly provided for in this Act (unless such loans are in support of other forms of assistance provided for in this or prior appropriation Acts), except that this proviso shall not apply to the mortgage insurance or guaranty operations of these corporations, or where loans or mortgage purchases are necessary to protect the financial interest of the United States Government. , FEDERAL HOME LOAN BANK BOARD

'

LIMITATION ON ADMINISTRATIVE AND NONADMINISTRATIVE EXPENSES, FEDERAL HOME LOAN BANK BOARD

 * ill i

Not to exceed a total of $16,730,000 shall be available for administrative expenses of the Federal Home Loan Bank Board, which may procure services as authorized by 5 U.S.C. 3109, and contracts for such services with one organization may be renewed annually, and uniforms or allowances therefor in accordance with law (5 U.S.C. 5901-5902), and said amount shall be derived from funds available to the Federal Home Loan Bank Board, including those in the Federal Home Loan Bank Board revolving fund and receipts of the Board for the current fiscal year and prior fiscal years, and the Board may utilize and may make payment for services and facilities of the Federal home loan banks, the Federal Reserve banks, the Federal Savings and Loan Insurance Corporation, the Federal Home Loan Mortgage Corporation, and other agencies of the Government (including payment for office space): Provided, That all necessary expenses in connection with

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Page:United States Statutes at Large Volume 91.djvu/1121

 PUBLIC LAW 95-119—OCT. 4, 1977 the conservatorship or liquidation of institutions insured by the Federal Savings and Loan Insurance Corporation, liquidation or handling of assets of or derived from such insured institutions, payment of insurance, and action for or toward the avoidance, termination, or minimizing of losses in the case of such insured institutions, or activities relating to section 5A(f) or 6(i) of the Federal Home Loan Bank Act, section 5(d) of the Home Owners' Loan Act of 1933, section 12(i) of the Securities Exchange Act of 1934, or section 406(c), 407, or 408 of the National Housing Act and all necessary expenses (including services performed on a contract or fee basis, but not including other personal services) in connection with the handling, including the purchase, sale, and exchange, of securities on behalf of Federal home loan banks, and the sale, issuance, and retirement of, or payment of interest on, debentures or bonds, under the Federal Home Loan Bank Act, as amended, shall be considered as nonadministrative expenses for the purposes hereof: Provided further, That members and alternates of the Federal Savings and Loan Advisory Council shall be entitled to reimbursement from the Board as approved by the Board for transportation expenses incurred in attendance at meetings of or concerned with the work of such Council and may be paid in lieu of subsistence per diem not to exceed the dollar amount set forth in 5 U.S.C. 5703: Provided further, That expenses of any fimctions of supervision (except of Federal home loan banks) vested in or exercisable by the Board shall be considered as nonadministrative expenses: Provided further, That not to exceed $1,000 shall be available for official reception and representation expenses: Provided further, That notwithstanding any other provisions of this Act, except for the limitation in amount hereinbefore specified, the administrative expenses and other obligations of the Board shall be incurred, allowed, and paid in accordance with the provisions of the Federal Home Loan Bank Act of July 22, 1932, as amended (12 U.S.C. 1421-1449): Provided further, That the nonadministrative expenses (except such part as the Board determines not to be field expense, which part shall be treated as if expenses of supervision and examination were not as such excluded from administrative expense, and except those included in the first proviso hereof) for the supervision and examination of Federal and State chartered institutions (other than special examinations determined by the Board to be necessary) shall not exceed $26,230,000. LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL SAVINGS AND LOAN INSURANCE CORPORATION

Not to exceed $870,000 shall be available for administrative expenses, which shall be on an accrual basis and shall be exclusive of interest paid, depreciation, properly capitalized expenditures, expenses in connection with liquidation of insured institutions or activities relating to section 406(c), 407, or 408 of the National Housing Act, liquidation or handling of assets of or derived from insured institutions, payment of insurance, and action for or toward the avoidance, termination, or minimizing of losses in the case of insured institutions, legal fees and expenses and payments for expenses of the Federal Home Loan Bank Board determined by said Board to be properly allocable to said Corporation, and said Corporation may utilize and may make payments for services and facilities of the Federal home loan banks, the Federal Reserve Banks, the Federal Home Loan Bank Board, the Federal Home Loan Mortgage Corporation, and other agencies of the

29-191+

0 - 8 0 - 7 1

91 STAT. 1087

12 USC 1425a, 1426. 12 USC 1464. 15 USC 78/. 12 USC 1729-1730a.

Travel expenses 12 USC 1428a

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Page:United States Statutes at Large Volume 91.djvu/1122

 9 1 STAT. 1088

PUBLIC LAW 95-119—OCT. 4, 1977 Government: Provided, That notwithstanding any other provisions of this Act, except for the limitation in amount hereinbefore specified, the administrative expenses and other obligations of said Corporation shall be incurred, allowed, and paid in accordance with title IV of the Act of June 27, 1934, as amended (12 U.S.C. 1724-I730f). TITLE IV GENERAL

Travel expenses.

.

•

PROVISIONS

SEC. 401. Where appropriations in titles I and II of this Act are expendable for travel expenses of employees and no specific limitation has been placed thereon, the expenditures for such travel expenses may not exceed the amounts set forth therefor in the budget estimates submitted for the a p p r o p r i a t i o n s: Provided, That this section shall not apply to travel performed by uncompensated officials of local boards and appeal boards of the Selective Service System; to travel performed directly in connection with care and treatment of medical beneficiaries of the Veterans Administration; or to payments to interagency motor pools where separately set forth in the budget schedules: Provided further, That the limitations may be increased by the Secretary when necessary to allow for travel performed by employees of the Department of Housing and Urban Development as a result of increased Federal Housing Administration inspection and appraisal workload. Uniforms. SEC. 402. Appropriations and funds available for the administrative expenses of the Department of Housing and Urban Development and the Selective Service System shall be available in the current fiscal year for purchase of uniforms, or allowances therefor, as authorized by law (5 U.S.C. 5901-5902); hire of passenger motor vehicles; and services as authorized by 5 U.S.C. 3109. Legal and SEC. 403. Funds of the Department of Housing and Urban Developbanking services. ment subject to the Government Corporation Control Act or section 31 USC 841 note. 402 of the Housing Act of 1950 shall be available, without regard to 12 USC 1749a. the limitations on administrative expenses, for legal services on a contract or fee basis, and for utilizing and making payment for services and facilities of Federal National Mortgage Association, Government National Mortgage Association, Federal Home Loan Mortgage Corporation, Federal Financing Bank, Federal Reserve banks or any member thereof. Federal home loan banks, and any insured bank within the meaning of the Federal Deposit Insurance Corporation Act, as amended (12 U.S.C. 1811-1831). Research SEC. 404. None of the funds provided in this Act may be used for projects. payment, through grants or contracts, to recipients that do not share in the cost of conducting research resulting from proposals for projects not specifically solicited by the Government: Provided, That the extent of cost sharing by the recipient shall reflect the mutuality of interest of the grantee or contractor and the Government in the research. Fiscal year SEC. 405. No part of any appropriation contained in this Act shall limitation. remain available for obligation beyond the current fiscal year unless expressly so provided herein. Parking. SEC. 406. No part of the funds appropriated under this Act may be used by the Environmental Protection Agency to administer or promulgate, directly or indirectly, any program to tax, limit or otherwise regulate p a r k i n g that is not specifically required pursuant to subsequent legislation.

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Page:United States Statutes at Large Volume 91.djvu/1123

 PUBLIC LAW 95-119—OCT. 4, 1977 SEC. 407. No funds appropriated by this Act may be expended— (1) pursuant to a certification of an officer or employee of the United States unless— (A) such certification is accompanied by, or is part of, a voucher or abstract which describes the payee or payees and the items or services for which such expenditure is being made, or (B) the expenditure of funds pursuant to such certification, and without such a voucher or abstract, is specifically authorized by law; and (2) unless such expenditure is subject to audit by the General Accounting Office or is specifically exempt by laAV from such an audit. SEC. 408. No contract or budget authority provided in this Act for Annual Contributions for Assisted Housing, and no funds appropriated in this Act for Housing Payments, shall be subject to the Federal regulation defining the conditions under which two or more persons shall be eligible for admission to public housing as a family, which was promulgated by the Department of Housing and Urban Development on May 9, 1977, at 24 CFR § 812.2 (d)(1). SEC. 409. None of the funds provided in this Act may be used, directly or through grants, to pay or to provide reimbursement for payment of a consultant (whether retained by the Federal Government or a grantee) at more than the daily equivalent of the maximum rate paid for GS-18, unless specifically authorized by law. SEC. 410. None of the funds provided in this Act to any department or agency may be expended for the transportation of any officer or employee of such department or agency between his domicile and his place of employment, with the exception of the Secretary of the Department of Housing and Urban Development, who, under title 5, United States Code, section 101, is exempted from such limitations. This Act may be cited as the "Department of Housing and Urban Development—Independent Agencies Appropriation Act, 1978". Approved October 4, 1977.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 95-380 (Comm. on Appropriations) and No. 95-495 (Comm. of Conference). SENATE REPORT No. 95-280 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 123 (1977): June 15, considered and passed House. June 24, considered and passed Senate, amended. •i f July 19, House agreed to conference report; concurred in certain Senate amendments with amendments. July 22, Sept. 23, Senate agreed to conference report; concurred in certain House amendments with amendments; disagreed to Beard amendment. Sept. 28, House receded and concurred in Senate amendment.

91 STAT. 1089

Audit.

5 USC 5332 note. Certain government transportation, prohibition.

Short title.

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Page:United States Statutes at Large Volume 91.djvu/1124

 91 STAT. 1090

PUBLIC LAW 95-120—OCT. 4, 1977

Public Law 95-120 95th Congress

j|^

An Act Oct. 4, 1977 [H.R. 9290]

To increase the temporary debt limit, and for other purposes.

Be it enacted by the Senate and House of Representatives of the Public debt limit. United States of America, in Congress assembled, That during the Temporary period beginning on the date of the enactment of this Act and ending increase. on INIarch 31, 1978, the public debt limit set forth in the first sentence 31 USC 757b of section 21 of the Second Liberty Bond Act (31 U.S.C. 757b) shall note. be temporarily increased by $352,000,000,000. Repeal; effective SEC. 2. Effective on the date of the enactment of this Act, the first date. section of the Act of June 30, 1976, entitled " A n Act to increase the 31 USC 757b temporary debt limit, and for other purposes" (Public Law 94-334), note. is hereby repealed. SEC. 3. The last sentence of the second paragraph of the first section of the Second Liberty Bond Act (31 U.S.C. 752) is amended by striking out "$17,000,000,000" and inserting in lieu thereof "$27,000,000,000". Approved October 4, 1977.

LEGISLATIVE HISTORY:

'

.:

••

HOUSE REPORT No. 95-632 (Comm. on Ways and Means). CONGRESSIONAL RECORD, Vol. 123 (1977): Sept. 28, considered and passed House. Sept. 30, considered and passed Senate, amended. Oct. 4, House agreed to Senate amendments.

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Page:United States Statutes at Large Volume 91.djvu/1125

 PUBLIC LAW 95-121—OCT. 6, 1977

91 STAT. 1091

Public Law 95-121 95th Congress An Act To amend the Council on Wage and Price Stability Act to extend its termination date, 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 7 of the Council on Wage and Price Stability Act is amended by striking out "September 30, 1977" and inserting in lieu thereof "September 30, 1979". SEC. 2. Section 6 of the Council on Wage and Price Stability Act is amended by inserting "not to exceed $2,210,000 for the fiscal year ending September 30, 1978, and not to exceed $2,210,000 for the fiscal year ending September 30, 1979," immediately after "October 1, 1977,". SEC. 3. Section 3(a)(5) of the Council on Wage and Price Stability Act is amended by inserting "and focus attention on the need to move toward full employment" immediately before the semicolon. SEC. 4. Section 3(a)(4) of the Council on Wage and Price Stability Act is amended by inserting "for the purpose of controlling inflation" immediately before the semicolon. SEC. 5. Subsection (a) of section 3 of the Council on Wage and Price Stability Act is amended— (1) by striking out "and" at the end of paragraph (7); (2) by striking out the period at the end of paragraph (8) and inserting in lieu thereof "; and"; and (3) by adding at the end thereof the following new paragraph: "(9) review information about and analyze the effects on the United States economy of— " (A) the participation of the United States in international trade and commerce; "(B) the changing patterns of supplies and prices of commodities in the world market; "(C) the investment of United States capital in foreign countries; "(D) short- and long-term weather changes in the world; " (E) interest r a t ^; " (F) capital formation; and "(G) the changing patterns of world energy supplies and prices.".

Oct. 6, 1977 [H.R. 6951]

Council on Wage and Price Stability Act, amendment. 12 USC 1904 note. Appropriation authorization. 12 USC 1904 note. Council duties. 12 USC 1904 note.

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Page:United States Statutes at Large Volume 91.djvu/1126

 9 1 STAT. 1092

12 USC 1904 °°t®Data f-^"l"***"°' limitation.

PUBLIC LAW 95-121—OCT. 6, 1977 SEC. 6. Section 4(f) of the Council on W a g e and Price Stability Act is amended— (1) by inserting in paragraph (1) after "section 2(g) " the following: "or submitted voluntarily pursuant to a Council request and judged by the Council to be confidential information"; (2) by striking out all that follows "United States Code" in paragraph (1) and inserting in lieu thereof a period and the following sentence: "Neither the Director nor any member of the Council may permit anyone other than sworn officers, members, and employees of the Council to examine such data."; and (3) by inserting after "section 2(g) " in paragraph (2) the following: "or submitted voluntarily pursuant to a Council request". Approved October 6, 1977.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-316 (Comm. on Banking, Finance and Urban Affairs). SENATE REPORT No. 95-408 accompanying S. 2056 (Comm. on Banking, Housing and Urban Affairs). CONGRESSIONAL RECORD, Vol. 123 (1977): Sept. 21, S. 2056 considered and passed Senate. Sept. 30, Oct. 3, considered and passed House. Oct. 4, considered and passed Senate, in lieu of S. 2056.

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Page:United States Statutes at Large Volume 91.djvu/1127

 PUBLIC LAW 95-122—OCT. 6, 1977

91 STAT. 1093

Public Law 95-122 95th Congress An Act To revise the basis for estimating the annual Federal payment to the District of Columbia for water and water services and sanitary sewer services furnished to the United States.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the District of Columbia Public Works Act of 1954, approved May 18, 1954, is amended as follows: (1) Section 106(b) of such Act (D.C. Code, sec. 43-1541 (b)), is amended to read as follows: "(b) For the purpose of effectuating the provisions of subsection (a) of this section, there shall be included annually in the budget estimates of the Mayor (beginning with the budget estimates for the fiscal year beginning October 1, 1977) the estimated value, as determined by the Mayor, of the water and water services to be furnished to the United States during the fiscal year for which the budget estimates are prepared, based on the rates for water and water services that will be in effect during such fiscal year. There shall be appropriated annually to the District, subject to subsequent adjustment within two fiscal years, out of any money in the Treasury not otherwise appropriated, a sum corresponding to the estimat(id value of water and water services to be furnished to the United States: Provided, That nothing contained in this subsection shall be deemed to relieve the United States of its obligation to make payments to the District for water and water services furnished prior to October 1, 1977: Provided further, That, notwithstanding any other provision of law, outstanding payments for water and water services furnished by the District prior to October 1, 1977, shall be advanced and paid, subject to subsequent adjustment within two fiscal years, to the District by the United States on October 1, 1977.". (2) Section 212(b) of such Act (D.C. Code, sec. 43-1611 (b)), is amended to read as follows: "(b) For the purpose of effectuating the provisions of subsection (a) of this section, there shall be included annually in the budget estimates of the Mayor (beginning with the budget estimates for the fiscal year beginning October 1, 1977) the estimated value, as determined by the Mayor, of the sanitary sewer services to be furnished to the United States during the fiscal year for which the budget estimates are prepared, based on the rates for sanitary sewer services that will be in effect during such fiscal year. There shall be appropriated annually to the District, subject to subsequent adjustment within two fiscal years, out of any money in the Treasury not otherwise appropriated, a sum corresponding to the estimated value of sanitary sewer services to be furnished to the United States: Provided, That nothing contained in this subsection shall be deemed to relieve the United States of its obligation to make payments to the

Oct. 6, 1977 [S. 1322]

D.C. Water and sewer services, Federal payment estimates, revision.

Outstanding payments.

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Page:United States Statutes at Large Volume 91.djvu/1128

 91 STAT. 1094 Outstanding payments.

PUBLIC LAW 95-122—OCT. 6, 1977 District for sanitary sewer services furnished prior to October 1, 1977: Provided further, That, notwithstanding any other provisions of law, outstanding payments for sanitary sewer services furnished by the District prior to October 1, 1977, shall be advanced and paid, subject to subsequent adjustment within two fiscal years, to the District by the United States on October 1, 1977.". Approved October 6, 1977.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-247 accompanying H.R. 5813 (Comm. on the District of Columbia). SENATE REPORT No. 95-229 (Comm. on Governmental Affairs). CONGRESSIONAL RECORD, Vol. 123 (1977): June 7, considered and passed Senate. Sept. 26, considered and passed House, in lieu of H.R. 5813.

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Page:United States Statutes at Large Volume 91.djvu/1129

 PUBLIC LAW 95-123—OCT. 7, 1977

91 STAT. 1095

Public Law 95-123 95th Congress An Act To extend and revise the Library Services and Construction 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 this Act may be cited as the " L i b r a r y Services and Construction Act Amendments of 1977". SEC. 2. (a) Section 4(a)(1) of the L i b r a r y Services and Construction Act (20 U.S.C. 3 5 1 b (a)(l)) is amended by striking out " and " after "1975," and by inserting before the period at the end thereof the following: "$110,000,000 for fiscal year 1978, $140,000,000 for fiscal year 1979, and $150,000,000 for fiscal year 1980 and each of the two succeeding fiscal years". (b) Section 4(a)(2) of such Act (20 U.S.C. 351b(a)(2)) is amended by striking out " and " after "1975," and by inserting before the period at the end thereof the following: ", and such sums as may be necessary for fiscal year 1978 through fiscal year 1981, and $97,000,000 for fiscal year 1982". (c) Section 4(a)(3) of such Act (20 U.S.C. 351b(a)(3)) is amended by striking out " and " after "1975," and by inserting before the period at the end thereof the following: "$15,000,000 for fiscal year 1978, and $20,000,000 for fiscal year 1979 and each of the three succeeding fiscal years". (d) S e c t i o n 4 (a)(4) of such Act (20 U.S.C. 351b(a)(4)) is amended by striking out "for the fiscal year" and all that follows through " June 30, 1976" and inserting in lieu thereof "for each fiscal year ending prior to October 1, 1982". SEC. 3. (a) The L i b r a r y Services and Construction Act (20 U.S.C. 351 et seq.) is amended by inserting after section 7 the following new section:

Oct. 7, 1977 [S. 602] Library Services and Constructicin Act Amendments of 1977. 20 USC 351 note. Appropriation authorization.

"ADMINISTRATIVE COSTS

" SEC. 8. The amount expended by any State, from an allotment received under this Act for any fiscal year, for administrative costs in connection with any program or activity carried out by such State under this Act shall be matched by such State from funds other than Federal funds.". (b) Section 102(b) of such Act (20 U.S.C. 3 5 3 (b)) is amended by inserting after "Subject to " the following: "the provisions of section 8 and". SEC. 4. (a) Section 2(a) of the L i b r a r y Services and Construction Act (20 U.S.C. 351 (a)) is amended by striking out "and in promoting" and by inserting in lieu thereof "in promoting", and by adding before the period at the end thereof a comma and the following: "and in strengthening major urban resource libraries". (b) Section 3 of such Act (20 U.S.C. 351 (a)) is amended by adding at the end thereof the following: "(14) 'Major urban resource library' means any public library located in a city having a population of 100,000 or more individuals, as determined by the Commissioner.".

20 USC 351f.

Federal funds, use.

"Major urban resource hbrary. 20 USC 351a.

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Page:United States Statutes at Large Volume 91.djvu/1130

 91 STAT. 1096 Grants to States.

State urban resource libraries.

20 USC 354.

PUBLIC LAW 95-123—OCT. 7, 1977

(c) Section 101 of such Act (20 U.S.C. 352) is amended by striking out " and " the t h i r d place it appears in such section, and by inserting before the period a comma and the following: "and in strengthening major urban resource libraries". (d) Section 102(a) of such Act (20 U.S.C. 3 5 3 (a)) is amended— (1) by striking out " and " at the end of clause (1); (2) by striking out the period at the end of clause (2) and inserting in lieu thereof a semicolon and " and "; (3) by adding at the end thereof the following new clause: " (3) for supporting and expanding library services of major urban resource libraries which, because of the value of the collections of such libraries to individual users and to other libraries, need special assistance to furnish services at a level required to meet the demands made for such services."; and (4) by adding at the end thereof the following new sentence: "No grant may be made under clause (3) of this subsection unless the major urban resource library provides services to users throughout the regional area in which such library is located.". (e) Section 102 of such Act is amended by adding at the end thereof the following new subsection: " (c)(1) Subject to such criteria as the Commissioner shall establish by regulation, in any fiscal year in which sums appropriated pursuant to paragraph (1) of section 4(a) exceed $60,000,000, each State which is subject to the provisions of this subsection shall reserve that portion of the allotment of each State attributable to the amount in excess of $60,000,000 in that fiscal year in the manner required in paragraph (2). " (2)(A) I n each State having one or more cities with a population of 100,000 or more individuals, as determined by the Commissioner, and in which the aggregate population of such cities does not exceed 50 percent of the total population of the State, the portion of the excess amount specified in paragraph (1) shall be reserved for the purposes described in subsection (a)(3) of this section in accordance with clause (2) of section 103 in an amount which bears the same ratio to the total of such excess amount as the aggregate population of such cities bears to the total population of such State. " (B) I n each State having one or more cities with a population of 100,000 or more individuals, as determined by the Commissioner, and in which the aggregate population of such cities exceeds 50 percent of the total population of the State, 50 percent of the excess amount specified in paragraph (1) shall be reserved for the purposes described in subsection (a)(3) in accordance with clause (2) of section 103. " (C) Any State which does not include any city with a population of 100,000 or more individuals, as determined by the Commissioner, shall not be subject to the provisions of this subsection.". (f)(1) Section 103(1) of such Act (20 U.S.C. 354(1)) is amended by inserting ", subject to clause (2) of this section," after " program " the first place it appears in such section. (2) Section 103 of such Act (20 U.S.C. 354) is amended by redesignating clauses (2), (3), and (4) of such section as clauses (3), (4), and (5), respectively, and by inserting after clause (1) the following new clause: " (2) set forth a program for the year submitted under which the amount reserved by the State under section 102(c), if applicable, will be used for the purposes set forth in clause (3) of section 102(a);".

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Page:United States Statutes at Large Volume 91.djvu/1131

 PUBLIC LAW 95-123—OCT. 7, 1977

91 STAT. 1097

(3) Section 103 of such Act (20 U.S.C. 354) is further amended by adding at the end thereof the following new sentence: "No State shall, in carrying out the provisions of clause (2) of this section, reduce the amount paid to an urban resource library below the amount that such library received in the year preceding the year for which the determination is made under such clause (2).". SEC. 5. Section 103(3) of the Library Services and Construction Act (as so redesignated by this Act) is amended by striking out "the fiscal year ending June 30, 1971" and inserting in lieu thereof the following: "the second fiscal year preceding the fiscal year for which the determination is made". SEC. 6. The second sentence of section 202 of the Library Services and Construction Act (20 U.S.C. 355b) is amended by inserting after "libraries" a comma and the following: "for the remodeling of public libraries necessary to meet standards adopted pursuant to the Act of August 12, 1968, commonly known as the Architectural Barriers Act of 1968, and for remodeling designed to conserve energy in the operation of public libraries".

Funds, reduction '""itation.

Approved October 7, 1977.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 95-97 accompanying H.R. 3712 (Comm. on Education and Labor) and No. 95-607 (Comm. of Conference). SENATE REPORT No. 95-143 (Comm. on Human Resources). CONGRESSIONAL RECORD, Vol. 123 (1977): Mar. 21, H.R. 3712 considered and passed House. May 20, considered and passed Senate. ' June 2, considered and passed House, amended, in lieu of H.R. 3712. Sept. 20, Senate agreed to conference report. Sept. 23, House agreed to conference report.

-^ ' = ^ > ,

'.

Library remodeling,

42 USC 4151.

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Page:United States Statutes at Large Volume 91.djvu/1132

 91 STAT. 1098

-' -

PUBLIC LAW 95-124—OCT. 7, 1977

Public Law 95-124 95th Congress

^^ ^

'^

i

h M >

An Act Oct. 7, 1977 [S. 126]

To reduce the hazards of earthquakes, and for other purposes.

Earthquake

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

ReTuctnAct of 1977. 42 USC 7701

SECTION 1. SHORT TITLE. ^ ^ ^ ^, That this Act may be cited as the Earth q u a k e H a z a r d s Reduction Act of 1977".

4rUSC 7701

of the

SEC. 2. FINDINGS. The Congress finds and declares the following: (1) All 50 States are vulnerable to the hazards of earthquakes, I fill }?; i i V and at least 39 of them are subject to major or moderate seismic risk, including Alaska, California, Hawaii, Illinois, Massachusetts, Missouri, Montana, Nevada, New Jersey, New York, South Carolina, U t a h, and Washington. A large portion of the population of the United States lives in areas vulnerable to earthquake hazards. (2) Earthquakes have caused, and can cause in the future, enormous loss of life, injury, destruction of property, and economic and social disruption. W i t h respect to future earthquakes, such loss, destruction, and disruption can be substantially reduced through the development and implementation of earthquake hazards reduction measures, including (A) improved design and construction methods and practices, (B) land-use controls and redevelopment, (C) prediction techniques and early-warning systems, (D) coordinated emergency preparedness plans, and (E) public education and involvement programs. (3) An expertly staffed and adequately financed earthquake hazards reduction program, based on Federal, State, local, and private research, planning, decisionmaking, and contributions would reduce the risk of such loss, destruction, and disruption in seismic areas by an amount far greater than the cost of such program. (4) A well-funded seismological research program in earthquake prediction could provide data adequate for the design, of an operational system that could predict accurately the time, place, magnitude, and physical effects of earthquakes in selected areas of the United States. (5) A n operational earthquake prediction system can produce significant social, economic, legal, and political consequences. (6) There is a scientific basis for hypothesizing that major earthquakes may be moderated, in at least some seismic areas, by application of the findings of earthquake control and seismological research. (7) The implementation of earthquake hazards reduction measures would, as an added benefit, also reduce the risk of loss, destruction, and disruption from other natural hazards and manmade hazards, including hurricanes, tornadoes, accidents, explosions, landslides, building and structural cave-ins, and fires. (8) Reduction of loss, destruction, and disruption from earthquakes will depend on the actions of individuals, and organiza-

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Page:United States Statutes at Large Volume 91.djvu/1133

 PUBLIC LAW 95-124—OCT. 7, 1977 tions in the private sector and governmental units at Federal, State, and local levels. The current capability to transfer knowledge and information to these sectors is insufficient. Improved mechanisms are needed to translate existing information and research findings into reasonable and usable specifications, criteria, and practices so that individuals, organizations, and governmental units may make informed decisions and take appropriate actions. (9) Severe earthquakes are a worldwide problem. Since damaging earthquakes occur infrequently in any one nation, international cooperation is desirable for mutual learning from limited experiences. (10) A n effective Federal program in earthquake hazards reduction will require input from and review by persons outside the Federal Government expert in the sciences of earthquake hazards reduction and in the practical application of earthquake hazards reduction measures. SEC. 3. PURPOSE. I t is the purpose of the Congress in this Act to reduce the risks of life and property from future earthquakes in the United States through the establishment and maintenance of an effective earthquake hazards reduction program. SEC. 4. DEFINITIONS. As used in this Act, unless the context otherwise requires: (1) The term "includes" and variants tnereof should be read as if the phrase "but is not limited to " were also set forth. (2) The term " program " means the earthquake hazards reduc' tion program established under section 5. (3) The term "seismic" and variants thereof mean having to do with, or caused by earthquakes. (4) The term " State " means each of the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Mariana Islands, and any other territory or possession of the United States. (5) The term "United States" means, when used in a geographical sense, all of the States as defined in section 4(4). SEC. 5. NATIONAL EARTHQUAKE HAZARDS REDUCTION PROGRAM. (a) ESTABLISHMENT.—The President shall establish and maintain, in accordance with the provisions and policy of this Act, a coordinated earthquake hazards reduction program, which shall— (1) be designed and administered to achieve the objectives set forth in subsection (c); (2) involve, where appropriate, each of the agencies listed in subsection (d); and (3) include each of the elements described in subsection (e), the implementation plan described in subsection (f), and the assistance to the States specified in subsection (g). (b) DUTIES.—The President shall— (1) within 30 days after the date of enactment of this Act, designate the Federal department, agency, or entity responsible for the development of the implementation plan described in subsection (f); (2) within 210 days after such date of enactment, submit to the appropriate authorizing committees of the Congress the implementation plan described in subsection (f); and

91 STAT. 1099

42 USC 7702.

42 USC 7703.

42 USC 7704.

Plan, submittal to congressional committees.

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Page:United States Statutes at Large Volume 91.djvu/1134

 91 STAT. 1100

PUBLIC LAW 95-124^0CT. 7, 1977 J SI'

Earthquake resistant construction.

Earthquake prediction.

Model codes.

Earthquakerelated issues, understanding.

Research.

(3) by rule, within 300 days after such date of enactment— (A) designate the Federal department, agency, or interagency group which shall have primary responsibility for the development and implementation of the earthquake hazards reduction program; (B) assign and specify the role and responsibility of each appropriate Federal department, agency, and entity with respect to each object and element of the program; (C) establish goals, priorities, and target dates for imple^ ' ^ mentation of the program; (D) provide a method for cooperation and coordination with, and assistance (to the extent of available resources) to, interested governmental entities in all States, particularly those containing areas of high or moderate seismic risk; and ' (E) provide for qualified staffing for the program and its components, (c) OBJECTIV'ES.—The objectives of the earthquake hazards reduction program shall include— (1) the development of technologically and economically feasible design and construction methods and procedures to make new and existing structures, in areas of seismic risk, earthquake resistant, giving priority to the development of such methods and procedures for nuclear power generating plants, dams, hospitals, schools, public utilities, public safety structures, high occupancy buildings, and other structures which are especially needed in time of disaster; (2) the implementation in all areas of high or moderate seismic risk, of a system (including personnel, technology, and procedures) for predicting damaging earthquakes and for identifying, evaluating, and accurately characterizing seismic hazards; (3) the development, publication, and promotion, in conjunction with State and local officials and professional organizations, of model codes and other means to coordinate information about seismic risk with land-use policy decisions and building activity; (4) the development, in areas of seismic risk, of improved understanding of, and capability with respect to, earthquakerelated issues, including methods of controlling the risks from earthquakes, planning to prevent such risks, disseminating warnings of earthquakes, organizing emergency services, and planning for reconstruction and redevelopment after an earthquake; (5) the education of the public, including State and local officials, as to earthquake phenomena, the identification of locations and structures which are especially susceptible to earthquake damage, ways to reduce the adverse consequences of an earthquake, and related matters; (6) the development of research on— (A) ways to increase the use of existing scientific and engineering knowledge to mitigate earthquake hazards; I * ' (B) the social, economic, legal, and political consequences of earthquake prediction; and (C) ways to assure the availability of earthquake insurance or some functional substitute; and (7) the development of basic and applied research leading to a better understanding of the control or alteration of seismic phenomena.

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Page:United States Statutes at Large Volume 91.djvu/1135

 PUBLIC LAW 95-124—OCT. 7, 1977

9 1 STAT. 1101

(d) PARTICIPATION.—In assigning the role and responsibility of Federal departments, agencies, and entities under subsection (b)(3)(B), the President shall, where appropriate, include the United States Geological Survey, the National Science Foundation, the Department of Defense, the Department of Housing and Urban Development, the National Aeronautics and Space Administration, the National Oceanic and Atmospheric Administration, the National Bureau of Standards, the Energy Research and Development Administration, the Nuclear Regulatory Commission, and the National F i r e Prevention and Control Administration. (e) RESEARCH E L E M E N T S. — The research elements of the p r o g i u m

shall include— (1) research into the basic causes and mechanisms of earthquakes; (2) development of methods to predict the time, place, and . magnitude of future earthquakes; (3) development of an understanding of the circumstances in which earthquakes might be artificially induced by the injection of fluids in deep wells, by the impoundment of reservoirs, or by other means; (4) evaluation of methods that may lead to the development of a capability to modify or control earthquakes in certain regions; (5) development of infomiation and guidelines for zoning land in light of seismic risk in all part s of the United States and preparation of seismic risk analyses useful for emergency planning and community preparedness; (6) development of techniques for the delineation and evaluation of the political effects of earthquakes, and their application on a regional basis; (7) development of methods for planning, design, construction, rehabilitation, and utilization of manmade works so a s to effectively resist the hazards imposed by earthquakes; (8) exploration of possible social and economic adjustments that could be made to reduce earthquake vulnerability and to exploit effectively existing and developing earthquake mitigation techniques; and (9) studies of foreign experience with all aspects of earthquakes. (f) IMPLEMENTATION P L A N. — The President shall develop, through the Federal agency, department, or entity designated under subsection (b)(1), an implementation plan which shall set year-by-year targets through at least 1980, and shall specify the roles for Federal agencies, and recommended appropriate roles for State and local units of government, individuals, and private organizations, in carrying out the implementation plan. The plan shall provide for— (1) the development of measures to be taken with respect to p r e p a r i n g for earthquakes, evaluation of prediction techniques and actual predictions of earthquakes, warning the residents of an area that an earthquake may occur, and ensuring that a comprehensive response is made to the occurrence of an earthquake; (2) the development of ways for State, county, local, and regional governmental units to use existing and developing knowledge about the regional and local variations of seismic risk in making their land use decisions; (3) the development and promulgation of specifications, building standards, design criteria, and construction practices to achieve appropriate earthquake resistance for new and existing
 * structures;

''

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Page:United States Statutes at Large Volume 91.djvu/1136

 PUBLIC LAW 95-124—OCT. 7, 1977

91 STAT. 1102 -

Report, filing with congressional committees.

(4) an examination of alternative provisions and requirements for reducing earthquake hazards through Federal and federally financed construction, loans, loan guarantees, and licenses; (5) the determination of the appropriate role for insurance, loan programs, and public and private relief efforts in moderating the impact of earthquakes; and (6) dissemination, on a timely basis, of— (A) instrument-derived data of interest to other researchuers; (B) design and analysis data and procedures of interest ,;;;<; to the design professions and to the construction i n d u s t r y; and (C) other information and knowledge of interest to the public to reduce vulnerability to earthquake hazards. When the implementation plan developed by the President under this section contemplates o r proposes specific action to be taken by any Federal agency, department, or entity, and, at the end of the 30-day period beginning on the date the President submits such plan to the appropriate authorizing committees of the Congress any such action has not been initiated, the President shall file with such committees a report explaining, in detail, the reasons why such action has not been initiated. (g) STATE

Program plan review. Report to Congress.

42 USC 7705. Submittal to congressional committees.

42 USC 7706.

ASSISTANCE.—In

making

assistance available to

the

States under the Disaster Relief Act of 1974 (42 U.S.C. 5121 et seq.), the President may make such assistance available to further the purposes of this Act, including making available to the States the results of research and other activities conducted under- this Act. (h) PARTICIPATIOK.—In carrying out the provisions of this section, the President shall provide an opportunity for participation by the appropriate representatives of State and local governments, and by the public, including representatives of business and industry, the design professions, and the research community, in the formulation and implementation of the program. Such non-Federal participation shall include periodic review of the program plan, considered in its entirety, by an assembled and adequately staffed group of such representatives. Any comments on the program upon which such group agrees shall be reported to the Congress. Measures developed pursuant to paragraph 5 (f)(1) for the evaluation of prediction techniques and actual predictions of earthquakes shall provide for adequate non-Feder-'al participation. To the extent that such measures include evaluation by Federal employees of nonFederal prediction activities, such measures shall also include evaluation by persons not in full-time Federal employment of Federal prediction activities. SEC. 6. ANNUAL REPORT.

The President shall, within ninety days after the end of each fiscal year, submit an annual report to the appropriate authorizing committees in the Congress describing the status of the program, and describing and evaluating progress achieved during the preceding fiscal year in reducing the risks of earthquake hazards. E a c h such report shall include any recommendations for legislative and other action the President deems necessary and appropriate. SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

(a) GENERAL.—There a r e authorized to be appropriated to the President to carry out the provisions of sections 5 and 6 of this Act (in addition to any authorizations for similar purposes included in

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Page:United States Statutes at Large Volume 91.djvu/1137

 PUBLIC LAW 95-124—OCT. 7, 1977 other Acts and the authorizations set forth in subsections (b) and (c) of this section), not to exceed $1,000,000 for the fiscal year ending September 30. 1978, not to exceed $2,000,000 for the fiscal year ending September 30, 1979, and not to exceed $2,000,000 for the fiscal year ending September 80, 1980. (b) GE0L0(iicAL SURVEY.—There are authorized to be appropriated to the Secretary of the Interior for purposes for carrying out, through the Director of the United States Geological Survey, the responsibilities that may be assigned to the Director under this Act not to exceed $27,500,000 for the fiscal year ending September 30, 1978; not to exceed $35,000,000 for the fiscal year ending September 30, 1979; and not to exceed $40,000,000 for the fiscal year ending September 30, 1980.

9 1 STAT. 1103

.,,,,.? ' -

(c) NATIONAL SCIEXCE FOUXDATION.—To enable the F o u n d a t i o n to

carry out responsibilities that may be assigned to it under this Act, there are authorized to be appropriated to the Foundation not to exceed $27,500,000 for the fiscal year ending September 30, 1978; not to exceed $35,000,000 for the fiscal" year ending September 30, 1979; and not to exceed $40,000,000 for the fiscal year ending September 30, 1980. Approved October 7, 1977.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 95-286, Pt. I accompanying H.R. 6683 (Comm. on Science and Technology) and No. 95-286, Pt. II accompanying H.R. 6683 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 95-130 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD, Vol. 123 (1977): May 12, considered and passed Senate. Sept. 9, considered and passed House, amended, in lieu of H.R. 6683. Sept. 23, Senate concurred in House amendment.

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Page:United States Statutes at Large Volume 91.djvu/1138

 91 STAT. 1104

PUBLIC LAW 95-125—OCT. 7, 1977

Public Law 95-125 95th Congress An Act Oct. 7, 1977 [S. 213]

Accounting and Auditing Act of 1950, amendments. IRS and Bureau of Alcohol, Tobacco, and Firearms, audits. 26 USC 6406. Records, access.

26 USC 6103.

Nondisclosure.

Violations.

GAO employees with access to taxpayer information, list.

Delivery to congressional committees. Commissioner of Internal Revenue, and Director of the Bureau of ATF.

To amend the Accounting and Auditing Act of 1950 to provide for the audit, by the Comptroller General, of the Internal Revenue Service and of the Bureau of Alcohol, Tobacco, and Firearms.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That section 117 of the Accounting and Auditing Act of 1950 (31 U.S.C. 67) is amended by adding at the end thereof the following new subsection: "(d)(1) The Comptroller General shall make, under such rules and regulations as he shall prescribe, audits of the Internal Revenue Service and the Bureau of Alcohol, Tobacco, and Firearms of the Department of the Treasury: Provided, That such audits shall not affect the finality of findings or decisions of the Secretary of the Treasury or his delegate under section 6406 of the Internal Revenue Code. "(2) For the purposes of, and to the extent necessary in, making the audits required by paragraph (1) of this subsection, representatives of the General Accounting Office— " (A) shall, to the extent provided by, and subject to the requirements imposed by, section 6103 of such Code but notwithstanding the provisions of any other law, have access to returns and return information (as defined by section 6103(b) of such Code); and "(B) shall, notwithstanding the provisions of any other law, have access to all other books, accounts, financial records, reports, files, papers, things, and property belonging to or in use by the Internal Revenue Service or the Bureau of Alcohol, Tobacco, and Firearms: Provided, That no officer or employee of the General Accounting Office shall, except as otherwise expressly provided by law, divulge or make known in any manner whatever to any person, other than another officer or employee of such office whose official duties or responsibilities require such disclosure, any information described in clause (B) in a form which can be associated with, or otherwise identify, directly or indirectly, a particular taxpayer. Any such officer or employee who makes a disclosure in violation of this proviso shall be subject to the penalties provided by law. " (3) The Comptroller General shall, from time to time, but not less often than once every six months, designate in writing the name and title of each officer and employee of the General Accounting Office who, pursuant to the provisions of paragraph (2) of this subsection, is to have access to tax returns and tax return information, or any information described in clause (B) of such paragraph (2), in a form which can be associated with or otherwise identify, directly or indirectly, a particular taxpayer. Each such written designation, or a certified copy thereof, promptly shall be delivered to, the Committee on Ways and Means of the House of Representatives, the Committee on Finance of the Senate, the Joint Committee on Taxation, the Committee on Government Operations of the House of Representatives, the Committee on Governmental Affairs of the Senate, the Commissioner of Internal Revenue, and the Director of the Bureau of Alcohol, Tobacco, and Firearms.

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Page:United States Statutes at Large Volume 91.djvu/1139

 PUBLIC LAW 95-125—OCT. 7, 1977 " (4) The Comptroller General shall, as frequently as may be practicable, make reports to the Congress on the results of audit work performed. In addition, the CoHiptroller General shall submit an annual written report to the Committee on Ways and Means of the House of Representatives, the Committee on Finance of the Senate, the Joint Committee on Taxation, the Committee on Government Operations of the House of Representatives, and the Committee on Governmental Affairs of the Senate which report shall include, but shall not be limited to, the following: "(A) The procedures and requirements which the General Accounting Office, the Internal Revenue Service, and the Bureau of Alcohol, Tobacco, and Firearms have established for protecting the confidentiality of tax returns and tax return information made available to the Comptroller General under this subsection; " (B) the scope and subject matter of any audit or other examination or review authorized under paragraph (1) of this subsection; and "(C) any findings, conclusions, or recommendations developed by the Comptroller General as a result of any audit or other examination or review authorized under paragraph (1) of this subsection including any significant evidence of inefficiency or mismanagement.". Approved October 7, 1977.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-480 (Comm. on Government Operations). SENATE REPORT No. 95-42 (Comm. on Governmental Affairs). CONGRESSIONAL RECORD, Vol. 123 (1977): Mar. 11, considered and passed Senate. Sept. 27, considered and passed House.

91 STAT. 1105 Reports to Congress. Annual report to congressional committees. Contents.

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Page:United States Statutes at Large Volume 91.djvu/1140

 91 STAT. 1106

PUBLIC LAW 95-126—OCT. 8, 1977

Public Law 95-126 95th Congress An Act Oct. 8, 1977 [S. 1307]

Veterans' benefits. Entitlement, denial to certain veterans with upgraded discharges.

Review.

10 USC 1553.

Application.

Benefits entitlement, limitation. Review.

50 USC app. 462 note.

To deny entitlement to veterans' benefits to certain persons who would otherwise become so entitled solely by virtue of the administrative upgrading under temporarily revised standards of other than honorable discharges from service during the Vietnam era; to require case-by-case review under uniform, historically consistent, generally applicable standards and procedures prior to the award of veterans' benefits to persons administratively discharged under other than honorable conditions from active military, naval, or air service; and for other purposes. Be it enacted by the Senate and the House of Representatives of the United States of America in Congress assembled, That (a) section 3103 of title 38, United States Code, is amended by— (1) inserting "or on the basis of an absence without authority from active duty for a continuous period of at least one hundred and eighty days if such person was discharged under conditions other than honorable unless such person demonstrates to the satisfaction of the Administrator that there are compelling circumstances to w a r r a n t such prolonged unauthorized absence," after "deserter," in subsection (a), and by inserting a comma and "notwithstanding any action subsequent to the date of such discharge by a board established pursuant to section 1553 of title 10" before the period at the end of such subsection; and (2) adding at the end of such section the following new subsection: " (e)(1) Notwithstanding an}- other provision of law, (A) no benefits under laws administered by the Veterans' Administration shall be provided, as a result of a change in or new issuance of a discharge under section 1553 of title 10, except upon a case-by-case review by the board of review concerned, subject to review by the Secretary concerned, under such section, of all the evidence and factors in each case under published uniform standards (which shall be historically consistent with criteria for determining honorable service and shall not include any criterion for automatically g r a n t i n g or denying such change or issuance) and procedures generally applicable to all persons administratively discharged or released from active military, naval, or air service under other than honorable conditions; and (B) any such person shall be afforded an opportunity to apply for such review under such section 1553 for a period of time terminating not less than one year after the date on which such uniform standards and procedures are promulgated and published. " (2) Notwithstanding any other provision of law— " (A) no person discharged or released from active military, naval, or air service under other than honorable conditions who has been awarded a general or honorable discharge under revised standards for the review of discharges, (i) as implemented by the President's directive of January 19, 1977, initiating further action with respect to the President's Proclamation 4313 of September 16, 1974, (ii) as implemented on or after April 5, 1977, under the Department of Defense's special discharge review program, or (iii) as implemented subsequent to April 5, 1977, and not made applicable to all persons administratively discharged or released from active military, naval, or air service under other than

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Page:United States Statutes at Large Volume 91.djvu/1141

 PUBLIC LAW 95-126—OCT. 8, 1977

91 STAT. 1107

honorable conditions, shall be entitled to benefits under laws administered by the Veterans' Administration except upon a determination, based on a case-by-case review, under standards (meeting the requirements of paragraph (1) of this subsection) applied by the board of review concerned under section 1553 of title 10, subject to review by the Secretary concerned, that such 10 USC 1553. person would be awarded an upgraded discharge under such standards; and "(B) such determination shall be made by such board (i) on Expedited an expedited basis after notification by the Veterans' Administra- determination. tion to the Secretary concerned- that such person has received, is in receipt of, or has applied for such benefits or after a written request is made by such person or such determination, (ii) on its own initiative within one year after the date of enactment of this paragraph in any case where a general or honorable discharge has been awarded on or prior to the date of enactment of this paragraph under revised standards referred to in clause (A)(i), (ii), or (iii) of this paragraph, or (iii) on its own initiative at the time a general or honorable discharge is so awarded in any case where a general or honorable discharge is awarded after such enactment date. If such board makes a preliminary determination that such person Appearance would not have been awarded an upgraded discharge under standards before board. meeting the requirements of paragraph (1) of this subsection, such Notice. person shall be entitled to an appearance before the board, as provided for in section 1553(c) of title 10, prior to a final determination on such question and shall be given written notice by the board of such preliminary determination and of his or her right to such appearance. The Administrator shall, as soon as administratively feasible, notify Board of the appropriate board of review of the receipt of benefits under laws review, administered by the Veterans' Administration, or of the application notification. for such benefits, by any person awarded an upgraded discharge under revised standards referred to in clause (A)(i), (ii), or (iii) of this paragraph with respect to whom a favorable determination has not been made under this paragraph.". (b)(1) The Secretary of Defense shall fully inform each person Information, awarded a general or honorable discharge under revised standards for notification. the review of discharges referred to in section 3103(e)(2)(A)(i), 38 USC 3103 (ii), or (iii) of title 38, United States Code, as added by subsection note. (a)(2) of this section, of his or her right to obtain an expedited determination under section 3103(e)(2)(B)(i) of such title and of the implications of the provisions of *this Act for each such person. (2) Notwithstanding any other provision of law, the Secretary of Defense shall inform each person who applies to a board of review under section 1553 of title 10, United States Code, and who appears to have been discharged under circumstances which might constitute a bar to benefits under section 3103(a) of title 38, United States Code, (A) that such person might possibly be administratively found to be entitled to benefits under laws administered by the Veterans' Administration only through the action of a board for the correction of military records under section 1552 of such title 10 or the action of the Administrator of Veterans' Affairs under section 3103 of such title 38, and (B) of the procedures for making application to such section 1552 board for such purpose and to the Administrator of Veterans' Affairs for such purpose (including the right to proceed concurrently under such sections 3103, 1552, and 1553). SEC. 2. Notwithstanding any other provision of law, the Adminis- Health care trator of Veterans' Affairs shall provide the type of health care and and benefits. 38 USC 3103 note.

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Page:United States Statutes at Large Volume 91.djvu/1142

 91 STAT. 1108 38 USC 601 et seq.

38 USC 3103.

"Discharge or release."

38 USC 3103 note.

Effective dates. 38 USC 3103 note.

PUBLIC LAW 95-126—OCT. 8, 1977 related benefits authorized to be provided under chapter 17 of title 38, United States Code, for any disability incurred or aggravated during active military, naval, or air service in line of duty by a person other than a person barred from receiving benefits by section 3103(a) of such title, but shall not provide such health care and related benefits pursuant to this section for any disability incurred or aggravated during a period of service from which such person was discharged by reason of a bad conduct discharge. SEC. 3. Paragraph (18) of section 101 of title 38, United States Code, is amended to read as follows: " (18) The term 'discharge or release' includes (A) retirement from the active military, naval, or air service, and (B) the satisfactory completion of the period of active military, naval, or air service for which a person was obligated at the time of entry into such service in the case of a person who, due to enlistment or reenlistment, was not awarded a discharge or release from such period of service at the time of such completion thereof and who, at such time, would otherwise have been eligible for the award of a discharge or release under conditions other than dishonorable.". SEC. 4. In promulgating, or making any revisions of or amendments to, regulations governing the standards and procedures by which the Veterans' Administration determines whether a person was discharged or released from active military, naval, or air service under conditions other than dishonorable, the Administrator of Veterans' Affairs shall, in keeping with the spirit and intent of this Act, not promulgate any such regulations or revise or amend any such regulations for the purpose of, or having the effect of, (1) providing any unique or special advantage to veterans awarded general or honorable discharges under revised standards for the review of discharges described in section 3103(e)(2)(A)(i), (ii), or (iii) of title 38, United States Code, as added by section 1(a)(2) of this Act, or (2) otherwise making any special distinction between such veterans and other veterans. SEC. 5. This Act shall become effective on the date of its enactment, except that— (1) section 2 shall become effective on October 1, 1977, or on such enactment date, whichever is later; and (2) the amendments made by section 1(a) shall apply retroactively to deny benefits under laws administered by the Veterans' Administration, except that, notwithstanding any other provision of law— (A) with respect to any person who, on such enactment date is receiving benefits under laws administered by the Vett,,. erans' Administration, (i) such benefits shall not be termi.,,, nated under paragraph (2) of section 3103(e) of title 38, United States Code, as added by section 1(a)(2) of this Act, until (I) the day on which a final determination not favorable to the person concerned is made on an expedited basis under paragraph (2) of such section 3103(e), (II) the day following the expiration of ninety days after a preliminary determination not favorable to such person is made under L such paragraph, or ( III) the day following the expiration of one hundred and eighty days after such enactment date, whichever day is the earliest, and (ii) the United States shall .. / not make any claim to recover the value of any benefits i,, provided to such person prior to such earliest day * (B) with respect to any person awarded a general or honorable discharge under revised standards for the review of ^; discharges referred to in clause (A)(i), (ii),or (iii) of such

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Page:United States Statutes at Large Volume 91.djvu/1143

 PUBLIC LAW 95-126—OCT. 8, 1977

,, I-

paragraph who has been provided any such benefits prior to such enactment date, the United States shall not make any claim to recover the value of any benefits so provided; and (C) the amendments made by clause (1) of section 1(a) shall apply (i) retroactively only to persons awarded general or honorable discharges under such revised standards and to persons who, prior to the date of enactment of this Act, had not attained general eligibility for such benefits by virtue of (1) a change in or new issuance of a discharge under section 1553 of title 10, United States Code, or (II) any other provision of law, and (ii) prospectively (on and after such enactment date) to all other persons.

Approved October 8, 1977.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-580 accompanying H.R. 8698 (Coram, on Veterans' Affairs). SENATE REPORT No. 95-305 (Coram, on Veterans'Affairs)... /. ..-. ... CONGRESSIONAL RECORD, VoL 123 (1977): "' - • Sept. 8, considered and passed Senate. Sept. 12, considered and passed House, amended, in lieu of H.R. 8698. Sept. 22, Senate agreed to House amendments with an amendment. Sept. 23, House concurred in Senate araendraent. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, VOL. 13, NO. 42: Oct. 8, Presidential stateraent.

91 STAT. 1109

'"'•"•'

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Page:United States Statutes at Large Volume 91.djvu/1144

 91 STAT. 1110

PUBLIC LAW 95-127—OCT. 12, 1977

Public Law 95-127 95th Congress An Act Oct. 12, 1977 [S. 1435]

rjiQ amend the Federal Election Campaign Act of 1971 to extend the authorization of appropriations contained in such Act.

Federal Election Campaign Act of 1971, amendment.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 319 of the Federal Election Campaign Act of 1971 (2 U.S.C. 439c) is amended by striking out "and" after "1976", and by inserting after u-^^^j,^,, ^^^ following: ", and $7,811,500 for the fiscal year ending September 30, 1978". Approved October 12, 1977.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-309 accompanying H.R. 6936 (Comm. on House Administration). SENATE REPORT No. 95-113 (Comm. on Rules and Administration). CONGRESSIONAL RECORD, Vol. 123 (1977): May 4, 5, considered and passed Senate. July 18, considered and passed House, amended, in lieu of H.R. 6936. ,. Sept. 15, Senate concurred in House amendment with an amendment. Sept. 28, House concurred in Senate amendment.

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Page:United States Statutes at Large Volume 91.djvu/1145

 PUBLIC LAW 95-128—OCT. 12, 1977

Public Law 95-128 95th Congress

.

91 STAT. 1111

v

An Act To amend certain Federal laws pertaining to community development, housing, and related programs.

Uct. Iz, [H.R. 6655]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Housing and SECTION 1. This Act may be cited as the "Housing and Community Community Development Act of 1977".

Development Act 42 USC 5301

TITLE I—COMMUNITY DEVELOPMENT

note.

OBJECTIVES AND PURPOSES OF COMMUNITY DEVELOPMENT ACTIVITIES

SEC. 101. (a) Section 101(c) of the Housing and Community Development Act of 1974 is amended— 42 USC 5301. (1) by striking out "and" at the end of paragraph (6); (2) by striking out the period at the end of paragraph (7) and inserting in lieu thereof "; and"; and (3) by adding the following new paragraph after paragraph "(8) the alleviation of physical and economic distress through the stimulation of private investment and community revitalization in areas with population outmigration or a stagnating or declining tax base." (b) Section 101(d)(4) of such Act is amended by inserting the following before the period at the end thereof: "by Federal agencies and programs, as well as by communities". DEFINITIONS

SEC. 102. (a) Section 102(a) of the Housing and Community Development Act of 1974 is amended— 42 USC 5302. (1) by striking out "the Trust Territory of the Pacific Islands; and Indian tribes, bands, groups, and nations, including Alaska Indians, Aleuts, and Eskimos, of the United States" in paragraph ' * (1) and inserting in lieu thereof "and the Trust Territory of the Pacific Islands"; (2) by inserting before the period at the end of paragraph (4) the following: "; except that any city which has been classified as a metropolitan city under clause (B) of this paragraph shall continue to be so classified until the decennial census indicates that the population of such city is less than fifty thousand"; (3) by inserting the following before the period at the end of paragraph (5): "which have not entered into cooperation agreements with such town or township to undertake or to assist in the undertaking of essential community development and housing assistance activities"; (4) by inserting in paragraph (6) "either" before " (B) " and by inserting before the period at the end thereof the following: "or (C) has a population in excess of one hundred thousand, a

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Page:United States Statutes at Large Volume 91.djvu/1146

 91 STAT. 1112

'. i.<

25 USC 450 note. 31 USC 1221 note. Local governments, exclusion from urban county population. Notice. 42 USC 5302.

PUBLIC LAW 95-128—OCT. 12, 1977 population density of at least five thousand persons per square mile, and contains within its boundaries no incorporated places as defined by the United States Bureau of Census"; (5) by redesignating paragraphs (10), (11), (12), and (13) as paragraphs (17), (18), (19), and (20), respectively; and (6) by inserting after paragraph (9) the following new paragraphs: "(10) The term 'age of housing' means the number of existing housing units constructed in 1939 or earlier based on data compiled by the United States Bureau of the Census and referable to the same point or period in time. "(11) The term 'extent of growth lag' means the number of persons who would have been residents in a metropolitan city or urban county, in excess of the current population of such metropolitan city or urban county, if such metropolitan city or urban county had had a population growth rate between 1960 and the date of the most recent population count referable to the same point or period in time equal to the population growth rate for such period of all metropolitan cities. "(12) The term 'housing stock' means the number of existing housing units based on data compiled by the United States Bureau of the Census and referable to the same point or period in time. "(13) The term 'adjustment factor' means the ratio between the age of housing in the metropolitan city or urban county and the predicted age of housing in such city or county. "(14) The term 'predicted age of housing' means the arithmetic product of the housing stock in the metropolitan city or urban county multiplied times the ratio between the age of housing in all metropolitan areas and the housing stock in all metropolitan areas. "(15) The term 'adjusted age of housing' means the arithmetic product of the age of housing in the metropolitan city or urban county multiplied times the adjustment factor. "(16) The term 'Indian tribe' means any Indian tribe, band, group, and nation, including Alaska Indians, Aleuts, and Eskimos, and any Alaskan Native Village, of the United States, which is considered an eligible recipient under the Indian Self-Determination and Education Assistance Act (Public Law 93-638) or under the State and Local Fiscal Assistance Act of 1972 (Public Law 92-512).". (b) Section 102 of such Act is amended by adding the following new subsection at the end thereof: "(d) An urban county designated under subsection (a)(6)(B)(i) of this section shall notify, prior to a date set by the Secretary for each year, all incorporated units of general local government th& populations of which are included in the population of such urban county for purposes of this section of their opportunity to exclude their population from such urban county. Any unit of general local government which has not elected to have its population so excluded shall have its population included within the population of such urban county for purposes of this section until it, on its own initiative, elects to exclude its population by notifying the urban county on or before a date set by the Secretary.".

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Page:United States Statutes at Large Volume 91.djvu/1147

 PUBLIC LAW 95-128—OCT. 12, 1977

91 STAT. 1113

AUTHORIZATIONS

SEC. 103. (a) The first sentence of section 103(a)(1) of the Housing and Community Development Act of 1974 is amended by inserting "and Indian tribes" after "units of general local government". (b) Section 1 0 3 (a)(1) of such Act is amended by striking out everything after the first sentence and inserting in lieu thereof the following: "There are authorized to be appropriated for these purposes not to exceed $3,500,000,000 for the fiscal year 1978, not to exceed $3,650,000,000 for the fiscal year 1979, and not to exceed $3,800,000,000 for the fiscal year 1980. Any amount authorized for any fiscal year under this section but not appropriated for such year may be appropriated for any succeeding fiscal year.". (c) Section 103(a)(2) of such Act is amended to read as follows: " (2) Of the amounts approved in appropriations Acts pursuant to paragraph (1), $50,000,000 for each of the fiscal years 1975 and 1976, $200,000,000 for the fiscal year 1977 (not more than 50 per centum of which amount may be used under section 106(d)(1)), $350,000,000 for the fiscal year 1978 (of which not more than $175,000,000 may be used under such section), $265,000,000 for the fiscal year 1979 (of which not more than $25,000,000 may be used under such section), and $250,000,000 for the fiscal year 1980 (none of which may be used under such section) shall be added to the amount available for allocation under section 106(d) and shall not be subject to the provisions of section 107." ' (d) Section 103(b) of such Act is amended— (1) by striking out "for the fiscal year 1977," and inserting in lieu thereof "for each of the fiscal years 1977, 1978, 1979, and 1980,"; (2) by striking out "to units of general local government having urgent community development needs which cannot be met" and inserting in lieu thereof "for the financial settlement and, to the extent feasible, the completion of projects and programs assisted under the categorical programs terminated in section 116 (a), primarily urban renewal projects assisted under the Housing Act of 1949, to units of general local government which require supplemental assistance which cannot be provided"; and (3) by adding at the end thereof the following new sentence: "No funds shall be made available under this subsection (1) for fiscal year 1978 unless the amount appropriated under subsection (a) for fiscal year 1978 is at least $3,500,000,000; (2) for fiscal year 1979 unless the amount appropriated under subsection (a) for fiscal year 1979 is at least $3,650,000,000; or (3) for fiscal year 1980 unless the amount appropriated under subsection (a) for fiscal year 1980 is at least $3,800,000,000.". (e) Section 103 of such Act is amended by redesignating subsections (c) and (d) as subsections (d) and (e), respectively, and by a d d i n g the following new subsection after subsection (b): " (c) The r e is authorized to be appropriated a sum not in excess of $400,000,000 for supplemental g r a n t assistance under section 119 for each of the fiscal years 1978, 1979, and 1980, except that no funds shall be made available for such purpose (1) for fiscal year 1978 unless the amount appropriated under subsections (a) and (b) for fiscal year 1978 is at least $3,600,000,000; (2) for fiscal year 1979 unless the amount appropriated under subsections (a) and (b) for fiscal year 1979 is at least $3,750,000,000; or (3) for fiscal year 1980 unless the amount appropriated under subsections (a) and (b) for fiscal year 1980 is at least $3,900,000,000.".

42 USC 5303.

•

42 USC 5306.

Post, pp- 1118, 42^USC 5303

^^ USC 5316. 42 USC 1441 ^^^^'

42 USC 5303.

Post, p. 1125.

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Page:United States Statutes at Large Volume 91.djvu/1148

 91 STAT. 1114

PUBLIC LAW 95-128—OCT. 12, 1977 APPIJCATION REQUIREMENTS

SEC. 104. (a) Section 104(a) of the Housing and Community Devel42 USC 5304. opment Act of 1974 is amended— (1) by inserting "and housing" in paragraph (1) after "which identifies community development"; (2) by inserting after "needs" in paragraph (2)(B) the following: ", including activities designed to revitalize neighborhoods for the benefit of low- and moderate-income persons,"; (3) by striking out "and" at the end of paragraph (3)(A); by striking out the semicolon at the end of paragraph (3)(B) and inserting in lieu thereof "and in a manner to insure fully opportunity for participation by, and benefits to, the handicapped; and"; and by inserting the following new subparagraph after paragraph (3)(B): "(C) improve conditions for low- and moderate-income persons residing in or expected to reside in the community ««: r- ;' and foster neighborhood development in order to induce higher-income persons to remain in, or return to, the community;"; Housing (4) by striking out paragraph (4) and inserting in lieu thereof assistance the following: P^^""(4) submits a housing assistance plan which— "(A) accurately surveys the condition of the housing stock in the community and assesses the housing assistance needs of lower-income persons (including elderly and handicapped • persons, large families, and persons displaced or to be displaced) residing in or expected to reside in the community and identifies housing stock which is in a deteriorated condition, "(B) specifies a realistic annual goal for the number of dwelling units or lower-income persons to be assisted, including (i) the relative proportion of new, rehabilitated, and existing dwelling units, (ii) the sizes and types of housing projects and assistance best suited to the needs of lower's ..^ income persons in the community, and (iii) in the case of subsidized rehabilitation, adequate provisions to assure that a preponderance of persons assisted should be of low- and moderate-income, and "(C) indicates the general locations of proposed housing for lower-income persons, with the objective of (i) furthering the revitalization of the community, including the restoration and rehabilitation of stable neighborhoods to the maximum extent possible, and the reclamation of the housing stock where feasible through the use of a broad range of techniques ,., for housing restoration by local government, the private sec" ' tor, or community organizations, including provision of a reasonable opportunity for tenants displaced as a result of such activities to relocate in their immediate neighborhood, (ii) promoting greater choice of housing opportunities and avoiding undue concentrations of assisted persons in areas containing a high proportion of low-income persons, and (iii) assuring the availability of public facilities and services adequate to serve proposed housing projects;"; and (5) by striking out paragraph (6) and inserting in lieu thereof the followina::

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Page:United States Statutes at Large Volume 91.djvu/1149

 PUBLIC LAW 95-128—OCT. 12, 1977 •'^

"(6) provides satisfactory assurances that, prior to submission of its application, it has (A) prepared and followed a written citizen participation plan which provides citizens an opportunity to participate in the development of the application, encourages the submission of views and proposals, particularly by residents of blighted neighborhoods and citizens of low- and moderateincome, provides for timely responses to the proposals submitted, and schedules hearings at times and locations which permit broad participation; (B) provided citizens with adequate information concerning the amount of funds available for proposed community development activities and housing activities, the range of activities that may be undertaken, and other important requirements; (C) held puijlic hearings to obtain the views of citizens on community development and housing needs; and (D) provided citizens with an opportunity to submit comments concerning the community development performance of the applicant; but nothing in this paragraph shall be construed to restrict the responsibility and authority of the applicant for the development of the application and the execution of its community development program.". (b) Section 104(b)(2) of such Act is amended— (1) by striking out "low- or moderate-income" in the first sentence and inserting in lieu thereof "low- and moderateincome"; and (2) by striking out all after "urgency" in the second sentence and inserting in lieu thereof "because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available.". (c) Section 104(b)(3) of such Act is amended— (1) by striking out clauses (B) and (C) and inserting in lieu thereof "(B) the application does not involve a comprehensive community development program, as determined by the Secretary, and"; and (2) by redesignating clause (D) as clause (C). (d) Section 104(c)(3) of such Act is amended by inserting after '*the requirements of this title" the following: ", with specific regard to the primary purposes of principally benefiting persons of low- and moderate-income or aiding in the prevention or elimination of slums or blight or meeting other community development needs having a particular urgency,". (e) Section 104(d) of such Act is amended— (1) by inserting after the first sentence the following: "The performance report shall include any citizen comments submitted pursuant to subsection (a)(6)(D) and the Secretary shall consider such comments, together with the views of other citizens and such other information as may be available, in carrying out the provisions of this subsection."; and (2) by adding at the end thereof the following: "With respect to grants made pursuant to sections 106(d)(2) and 106(f)(1)(B), the Secretary may adjust, reduce, or withdraw grant funds, or take other action as appropriate in accordance with such reviews and audits, except that funds already expended on eligible activities under this title shall not be recaptured or deducted from future grants made to the recipient.". (f) Section 104(e) of such Act is amended by adding the following new sentence at the end thereof: "In addition, the Secretary may provide an opportunity for the State, in which a grant is to be made to

91 STAT. 1115 Citizen ' participation P^^"-

42 USC 5304.

Grants. Post, p. 1118.

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Page:United States Statutes at Large Volume 91.djvu/1150

 91 STAT. 1116 42 USC 5306.

42 USC 5304.

Payments, standards.

Agreements, review and approval.

PUBLIC LAW 95-128—OCT. 12, 1977

a unit of general local government under section 106(d)(2) or 106 (f)(1)(B), to participate in the selection process for funding such grants. Such participation may include, as determined practicable by the Secretary, the incorporation of State growth and resource coordination policies in funding decisions on such grants, or such other arrangements, excluding administration of the grants referred to in the preceding sentence, as the Secretary deems appropriate.". (g) Section 104 of such Act is amended by adding the following new subsection at the end thereof: " (i)(1) The Secretary shall, in making funds available to the recipients of grants under this title, permit any such recipient to receive funds, in one payment, in an amount not to exceed the total amount designated in the recipient's application, and approved by the Secretary pursuant to this section, for use by the recipient for establishing a revolving loan fund which is to be established in a private financial institution and which is to be used to finance rehabilitation activities that are part of the recipient's community development program. The Secretary may, as a condition of making such payment, require that the revolving loan fund be utilized for the making of loans to finance rehabilitation activities in a manner consistent with this title. Rehabilitation activities authorized under this section shall begin within forty-five days after the Secretary has made such payment. "(2) The Secretary shall establish standards for such cash payments which will insure that the deposits result in appropriate benefits in support of the recipient's rehabilitation program. These standards shall be designed to assure that the benefits to be derived from the local program include, at a minimum, one or more of the following elements, or such other criteria as determined by the Secretary— "(A) leverage of community development block grant funds so that participating financial institutions commit private funds for loans in the rehabilitation program in amounts substantially in excess of deposit of community development funds; "(B) commitment of private funds for rehabilitation loans at below-market interest rates or with repayment periods lengthened or at higher risk than would normally be taken; "(C) provision of administrative services in support of the rehabilitation program by the participating lending institutions; and "(D) interest earned on such cash deposits shall be used in a manner which supports the community rehabilitation program. At the time of application, the Secretary shall review and approve all agreements with lending institutions which receive funds for community rehabilitation programs. Such approval shall be made on a case-by-case basis, and upon a determination by the Secretary that the agreement with the lending institution meets minimum benefit standards as listed in this paragraph.". ELIGIBLE ACTIVITIES

42 USC 5305. ^

SEC. 105. (a) Section 105(a) of the Housing and Community Development Act of 1974 is amended by inserting the following after "under this title" the first time it appears therein: "shall consist of activities which assist in carrying out a comprehensive strategy for meeting the community development and housing needs and priorities identified pursuant to section 104, giving primary attention to activities benefiting low- and moderate-income persons and neighborhoods, aiding in the prevention or elimination of slums or blight, or meeting

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Page:United States Statutes at Large Volume 91.djvu/1151

 PUBLIC LAW 95-128—OCT. 12, 1977 other community development needs having a particular urgency. These activities". (b) The parenthetical expression in section 105(a)(4) of such Act is amended to read as follows: "(including interim assistance, and financing public or private acquisition for rehabilitation, and rehabilitation, of privately owned properties)". (c) Section 105(a)(8) of such Act is amended by striking out "economic development,", and by inserting before the semicolon at the end thereof the following: ", and if such services have not been provided by the unit of general local government (through funds raised by such unit, or received by such unit from the State in which it is located) during any part of the twelve-month period immediately preceding the date of application submission for funds which are to be made available under this title, and which are to be utilized for such services, unless the Secretary finds that the discontinuation of such services was the result of events not within the control of the applicant". (d) Section 105(a) of such Act is amended— (1) by striking out "and" at the end of paragraph (12); (2) by striking out the period at the end of paragraph (13) and inserting in lieu thereof "; and"; and (3) by adding at the end thereof the following new paragraphs: - K "(14) activities which are carried out by public or private noni profit entities when such activities are necessary or appropriate to meeting the needs and objectives of the community development plan described in section 104(a)(1), including (A) acquisition of real property; (B) acquisition, construction, reconstruction, rehabilitation, or installation of (i) public facilities, site improvements, and utilities, and (ii) commercial or industrial buildings or structures and other commercial or industrial real property improvements; and (C) planning; and "(15) grants to neighborhood-based nonprofit organizations, local development corporations, or entities organized under section 301(d) of the Small Business Investment Act of 1958 to carry out a neighborhood revitalization or community economic development project in furtherance of the objectives of section 101(c).". ALLOCATION AND DISTRIBUTION

91 STAT. 1117

42 USC 5305.

"

'"

42 USC 5304.

15 USC 681. 42 USC 5301.

OF FUNDS

SEC. 106. (a) Section 106(a) of the Housing and Community Development Act of 1974 is amended by striking out "(2) or (3)'" in the second sentence and inserting in lieu thereof "(1) or (2)". (b) Section 106(b) of such Act is amended by striking out paragraphs (1) through (4) and inserting in lieu thereof the following: " (b)(1) The Secretary shall determine the amount to be allocated to each metropolitan city which shall be the greater of an amount that bears the same ratio to the allocation for all metropolitan areas as either— " (A) the average of the ratios between— "(i) the population of that city and the population of all ^i metropolitan areas; "(ii) the extent of poverty in that city and the extent of poverty in all metropolitan areas; and "(iii) the extent of housing overcrowding in that city and the extent of housing overcrowding in all metropolitan areas; or "(B) the average of the ratios between—

42 USC 5306. Metropolitan "ty.

Ratios, average,

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