text:
Page:United States Statutes at Large Volume 90 Part 1.djvu/1204

 90 STAT. 1154

42 USC 2809.

PUBLIC LAW 94-385—AUG. 14, 1976 allocated to such State under this part not less than 100 percent, nor more than 150 percent, of an amount which bears the same ratio to the State's allocation for the fiscal year involved as the population of all low-income Indians for whom a determination under this subsection has been made bears to the population of all low-income persons in such State. (2) The sums reserved by the Administrator on the basis of his determination under this subsection shall be granted to the tribal organization serving the individuals for whom such a determination has been made, or, where there is no tribal organization, to such other entity as he determines has the capacity to provide services pursuant to this part. (3) In order for a tribal organization or other entity to be eligible for a grant for a fiscal year under this subsection, it shall submit to the Administrator an application meeting the requirements set forth in section 414. (e) Notwithstanding any other provision of law, the Administrator may transfer to the Director sums appropriated under this part to be utilized in order to carry out programs, under section 222(a) (12) of the Economic Opportunity Act of 1964, which further the purpose of this part. FINANCIAL ASSISTANCE

42 USC 6864.

• i.

SEC. 414. (a) The Administrator shall provide financial assistance, from sums appropriated for any fiscal year under this part, only upon annual application. Each such application shall describe the estimated number and characteristics of the low-income persons and the number of dwelling units to be assisted and the criteria and methods to be used by the applicant in providing weatherization assistance to such persons. The application shall also contain such other information (including information needed for evaluation purposes) and assurances as may be required (1) in the regulations promulgated pursuant to section 413 and (2) to carry out this section. The Administrator shall allocate financial assistance to each State on the basis of the relative need for weatherization assistance amonsf low-income persons throughout the States, taking into account the following factors: (A) The number of dwelling units to be weatherized. (B) The climatic conditions in the State respecting energy conservation, which may include consideration of annual degree days. (C) The type of weatherization work to be done in the various settings. (D) Such other factors as the Administrator may determine necessary in order to carry out the purpose and provisions of this part. (b) The Administrator shall not provide financial assistance under this part unless the applicant has provided reasonable assurances that it has— (1) established a policy advisory council which (A) has special qualifications and sensitivity with respect to solving the problems of low-income persons (including the weatherization and energyconservation problems of such persons), (B) is broadly representatative of organizations and agencies which are providing ser.ices to such persons in the State or geographical area in question, and (C) is responsible for advising the responsible official or agency administering the allocation of financial assistance in such State or area with respect to the development and implementation of such weatherization assistance program;

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1205

 PUBLIC LAW 94-385—AUG. 14, 1976

90 STAT. 1155

(2) established priorities to govern the provision of weatherization assistance to low-income persons, including methods to provide priority to elderly and handicapped low-income persons, and such priority as the applicant determines is appropriate for single-family or other high-energy-consuming dwelling units; and (3) established policies and procedures designed to assure that financial assistance provided under this part will be used to supplement, and not to supplant, State or local funds, and, to the extent practicable, to increase the amounts of such funds that would be made available in the absence of Federal funds for carrying out the purpose of this part, including plans and procedures (A) for securing, to the maximum extent practicable, the services of volunteers and training participants and public service employment workers, pursuant to the Comprehensive Employment and Training Act of 1973, to work under the supervision of quali- 29 USC 801 note, fied supervisors and foremen, and (B) for complying with the limitations set forth in section 415. LIMITATIONS

SEC. 415. (a) Financial assistance provided under this part shall, to 42 USC 6865. the maximum extent practicable as determined by the Administrator, be used for the purchase of weatherization materials, except that not to exceed 10 percent of any grant made under this part may be used for the administration of weatherization projects under this part. (b) The Administrator shall insure that financial assistance provided under this part will— (1) be allocated within the State or area in accordance with a published State or area plan, which is adopted by such State after notice and a public hearing, describing the proposed funding distributions and recipients; (2) be allocated, pursuant to such State or area plan, to community action agencies carrying out programs under title II of the Economic Opportunity Act of 1964 or to other appropriate 42 USC 2781. and qualified public or nonprofit entities in such State or area so that— (A) funds will be allocated on the basis of the relative need for weatherization assistance among the low-income persons within such State or area, taking into account appropriate climatic and energy conservation factors; (B)(i) funds to be allocated for carrying out weatherization projects under this part in the geographical area served by the emergency energy conservation program carried out by a community action agency under section 222(a) (12) of the Economic Opportunity Act of 1964 will be allocated to 42 USC 2809. such agency, and (ii) priority in the allocation of such funds for carrying out such projects under this part will be given such a community action agency in so much of the geographical area served by it as is not served by the emergency energy , conservation program it is carrying out: Provided, That such allocation requirement and such priority shall no longer apply if the Governor of a State preparing an application for financial assistance under this part makes a determination, on the basis of the public hearing required by paragraph (1) of this subsection, or if the Administrator makes a determination, on the basis of a public hearing pursuant to section 413

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


text:
Page:United States Statutes at Large Volume 90 Part 1.djvu/1206

 90 STAT. 1156

^ ^

(

,.;..^

PUBLIC LAW 94-385—AUG. 14, 1976 (c), that the emergency energy conservation program carried out by such agency has been ineffective in meeting the purpose of this part or is clearly not of suj05cient size, and cannot in timely fashion develop the capacity, to support the scope of the project to be carried out in such area with funds under this part; and (C) due consideration will be given to the results of periodic evaluations of the projects carried out under this part in light of available information regarding the current and anticipated energy and weatherization needs of low-income persons within the State; and (3) be terminated or discontinued during the application period only in accordance with policies and procedures consistent with the policies and procedures set forth in section 418. (c) The cost of the weatherization materials provided with financial assistance under this part shall not exceed $400 in the case of any dwelling unit unless the State policy advisory council, established pursuant to section 414(b)(1), provides for a greater amount with respect to specific categories of units or materials. MONITORING, TECHNICAL ASSISTANCE, AND EVALUATION

42 USC 6866.

SEC. 416. The Administrator, in coordination with the Director, shall monitor and evaluate the operation of projects receiving financial assistance under this part through methods provided for in section 417(a), through onsite inspections, or through other means, in order to assure the effective provision of weatherization assistance for the dwelling units of low-income persons. The Administrator shall also carry out periodic evaluations of the program authorized by this part and projects receiving financial assistance under this part. The Administrator may provide technical assistance to any such project, directly and through persons and entities with a demonstrated capacity in develooing and implementing appropriate technology for enhancing the effectiveness of the provision of weatherization assistance to the dwelling units of low-income persons, utilizing in any fiscal year not to exceed 10 percent of the sums appropriated for such year under this part. ADMINISTRATIVE PROVISIONS

42 USC 6867.

Recordkeeping.

Audit.

SEC. 417. (a) The Administrator, in consultation with the Director, by general or special orders, may require any recipient of financial assistance under this part to provide, in such form as he may prescribe, such reports or answers in writing to specific questions, surveys, or questionnaires as may be necessary to enable the Administrator and the Director to carry ouit their functions under this part. (b) Each person responsible for the administration of a weatherization assistance project receiving financial assistance under this part shall keep such records as the Administrator may prescribe in order to assure an effective financial audit and performance evaluation of such project. (c) The Administrator, the Director (with respect to community action agencies), and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access for the purpose of audit and examination to any books, documents, papers,

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Page:Hockey, Canada's Royal Winter Game.djvu/66

 More than two forwards should never be behind their opponents' goals at the same time, because it is necessary that some should be in front, in case the puck should be passed out to them, and, moreover, if it be lifted down by their adversaries, they have a chance of stopping it in a good position to shoot for the goals.

At least two men should be in front, in order to follow up any attack that their opponents might make on their goals. It is surprising how much trouble can be caused a forward line by a persistent forward who nags at them from behind. He can often break up a combination, and create more confusion among them than a defence man, because they know what to expect from the latter and are on the lookout for him, but find it difficult to deal with a fast man who bothers them in this way. It is in this work that a fast skater shows to advantage.

Should a forward who has gone down the ice alone attempt to pass the cover-point and point of the opposing team, before shooting? Yes and no. If the cover-point is well up towards the middle of the rink and the point is not too near the goals, let him strain every nerve and muscle to dodge them both and when shoot, but if the defence men are


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Page:United States Statutes at Large Volume 90 Part 1.djvu/1207

 PUBLIC LAW 94-385—AUG. 14, 1976

90 STAT. 1157

information, and records of any project receiving financial assistance under this part that are pertinent to the financial assistance received under this part. (d) Payments under this part may be made in installments and in advance, or by way of reimbursement, with necessary adjustments on account of overpayments or underpayments. APPROVAL o r APPLICATIONS AND ADMINISTRATION OF STATE PROGRAMS

SEC. 418. (a) The Administrator shall not finally disapprove any Notice and application submitted under this part, or any amendment thereto, hearing, without first affording the State (or unit of general purpose local gov- ^•^ ^^^ 6868. ernment or community action agency under section 413(c), as appropriate) in question, as well as other interested parties, reasonable notice and an opportunity for a public hearing. The Administrator may consolidate into a single hearing the consideration of more than one such application for a particular fiscal year to carry out projects within ,^ a particular State. Whenever the Administrator, after reasonable notice and an opportunity for a public hearing, finds that there is a failure to comply substantially with the provisions of this part or regulations promulgated under this part, he shall notify the agency or institution involved and other interested parties that such State (or unit of general purpose local government or agency, as appropri,p ate) will no longer be eligible to participate in the program under this part until the Administrator is satisfied that there is no longer any such failure to comply. (b) Keasonable notice under this section shall include a written notice of intention to act adversely (including a statement of the reasons therefor) and a reasonable period of time within which to submit corrective amendments to the application, or to propose corrective action. JUDICIAL REVIEW

SEC. 419. (a) If any applicant is dissatisfied with the Administra- 42 USC 6869, tor's final action with respect to the application submitted by it under section 414 or with a final action under section 418, such applicant may, within 60 days after notice of such action, file with the United States court of appeals for the circuit in which the State involved is located a petition for review of that action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Administrator. The Administrator thereupon shall file in the court the record of the proceedings on which he based his action, as provided in section 2112 of title 28, United States Code. (b) The findings of fact by the Administrator, if supported by subf stantial evidence, shall be conclusive. The court may, for good cause shown, remand the case to the Administrator to take further evidence, and the Administrator may thereupon make new or modified findings of fact and may modify his previous action. The Administrator shall certify to the court the record of any such further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence. (c) The court shall have jurisdiction to affirm the action of the Administrator or to set it aside, in whole or in part. The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certification, as provided in section 1254 of title 28, United States Code.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1208

 90 STAT. 1158

PUBLIC LAW 94-385—AUG. 14, 1976 KONDISCRIMINATION

42 USC 6870.

42 USC 2000cl.

SEC. 420. (a) No person in the United States shall, on the ground of race, color, national origin, or sex, or on the ground of any other factor specified in any Federal law prohibiting discrimination, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program, project, or activity supported in whole or in part with financial assistance under this part, (b) Whenever the Administrator determines that a recipient of financial assistance under this part has failed to comply with subsection (a) or any applicable regulation, he shall notify the recipient thereof in order to secure compliance. If, within a reasonable period of time thereafter, such recipient fails to comply, the Administrator shall— (1) refer the matter to the Attorney General with a recommendation that an appropriate civil action be instituted; (2) exercise the power and functions provided by title VI of the Civil Rights Act of 1964 and any other applicable Federal nondiscrimination law; or (3) take such other action as may be authorized by law. A N N U A L REPORT

Submittal to Congress and President.

42 USC 6871.

SEC. 421. The Administrator and (with respect to the operation and effectiveness of activities carried out through community action agencies) the Director shall each submit, on or before March 31, 1977, and annually thereafter through 1979, a report to the Congress and the President describing the weatherization assistance program carried out under this part or any other provision of law, including the results of the periodic evaluations and monitoring activities required by section 416. AUTHORIZATION OF APPROPRIATIONS

42 USC 6872.

SEC. 422. There are authorized to be appropriated for purposes of carrying out the Aveatherization program under this part, not to exceed $55,000,000 for the fiscal year ending September 30, 1977, no^t to exceed $65,000,000 for the fiscal year ending September 30, 1978, and not to exceed $80,000,000 for the fiscal year ending September 30, 1979, such sums to remain available until expended. PART B—STATE ENERGY CONSERVATION PLANS DEFINITIONS

42 USC 6326.

SEC. 431. Section 366 of the Energy Policy and Conservation Act is amended by (1) redesignating paragraphs (1) and (2) as paragraphs (7) and (8), respectively; and (2) inserting after "As used in this part—" the following new paragraphs: "(1) The term 'appliance' means any article, such as a room air-conditioner, refrigerator-freezer, or dishwasher, which the Administrator classifies as an appliance for purposes of this part. "(2) The term 'building' means any structure which includes provision for a heating or cooling system, or both, or for a hot water system. "(3) The term 'energy audit' means any process which identifies and specifies the energy and cost savings which are likely to be realized through the purchase and installation of particular energy conservation measures or renewable-resource energy measures and which—

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1209

 PUBLIC LAW 94-385—AUG. 14, 1976 " (A) is carried out in accordance with rules of the Administrator; and " (B) imposes— " (i) no direct costs, with respect to individuals who are occupants of dwelling units in any State having a supplemental State energy conservation plan approved under section 367, and "(ii) only reasonable costs, as determined by the Administrator, with respect to any person not described in clause (i). Eules referred to in subparagraph (A) may include minimum qualifications for, and provisions with respect to conflicts of interest of, persons carrying out such energy audits. " (4) The term 'energy conservation measure' means a measure which modifies any building or industrial plant, the construction of which has been completed prior to the date of enactment of the Energy Conservation and Production Act, if such measure has been determined by means of an energy audit or by the Administrator, by rule under section 365(e)(1), to be likely to improve the efficiency of energy use and to reduce energy costs (as calculated on the basis of energy costs reasonably projected over time, as determined by the Administrator) in an amount sufficient to enable a person to recover the total cost of purchasing and installing such measure (without regard to any tax benefit or Federal financial assistance applicable thereto) within the period of— "(A) the useful life of the modification involved, as determined by the Administrator, or "(B) 15 years after the purchase and installation of such measure, whichever is less. Such term does not include (i) the purchase or installation of any appliance, (ii) any conversion from one fuel or source of energy to another which is of a type which the Administrator, by rule, determines is ineligible on the basis that such type of conversion is inconsistent with national policy with respect to energy conservation or reduction of imports of fuels, or (iii) any measure, or type of measure, which the Administrator determines does not have as its primary purpose an improvement in efficiency of energy use. "(5) The term 'industrial plant' means any fixed equipment or facility which is used in connection with, or as part of, any process or system for industrial production or output. "(6) The term 'renewable-resource energy measure' means a measure which modifies any building or industrial plant, the construction of which has been completed prior to the date of enactment of the Energy Conservation and Production Act, if such measure has been determined by means of an energy audit or by the Administrator, by rule under section 365(e)(1), to— "(A) involve changing, in whole or in part, the fuel or source of the energy used to meet the requirements of such building or plant from a depletable source of energy to a nondepietable source of energy; and "(B) be likely to reduce energy costs (as calculated on the basis of energy costs reasonably projected over time, as determined by the Administrator) in an amount sufficient to enable a person to recover the total cost of purchasing and

90 STAT. 1159

Post, p. 1160.

,

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34^ j-i

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Post, p. 1162,

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1210

 90 STAT. 1160

PUBLIC LAW 94-385--AUG. 14, 1976 installing such measure (without regard to any tax benefit or Federal financial assistance applicable thereto) within the period of— "(i) the useful life of the modification involved, as determined by the Administrator, or "(ii) 25 years after the purchase and installation of such measure, whichever is less. ^ Such term does not include the purchase or installation of any appliance.". SUPPLEMENTAL STATE ENERGY CONSERVATION

42 USC 6321.

SEC. 432. (a) Part C of the title 3 of the Energy Policy and Conservation Act is amended by adding at the end thereof the following new section: li

Guidelines. 42 USC 6327.

PLANS

SUPPLEMENTAL STATE ENERGY CONSERVATION PLANS

"SEC. 367. (a)(1) The Administrator shall, within 6 months after the date of enactment of the Energy Conservation and Production Act, prescribe guidelines with respect to measures required to be included m, and guidelines for the development, modification, and funding of, supplemental State energy conservation plans. Such guidelines shall include the provisions of one or more model supplemental State energy conservation plans with respect to the requirements of this section. "(2) In prescribing such guidelines, the Administrator shall solicit and consider the recommendations of, and be available to consult with, Publication in the Governors of the States as to such guidelines. At least 60 days prior Federal Register, to the date of final publication of such guidelines, the Administrator shall publish proposed guidelines in the Federal Register and invite public comments thereon. "(3) The Administrator shall invite the Governor of each State to submit to the Administrator a proposed supplemental State energy conservation plan which meets the requirements of subsection (b) and any guidelines applicable thereto. Rules. " (4) The Administrator may prescribe rules applicable to supplemental State energy conservation plans under this section pursuant to which— " (A) a State may apply for and receive assistance for a supplemental State energy conservation plan under this section; and "(B) such plan under this section may be administered; as if such plan was a part of the State energy conservation plan pro42 USC 6322. gram under section 362. Such rules shall not have the effect of delaying funding of the program under section 362. 42 USC 6323. "(5) Section 363(b)(2)(A), the last sentence of section 363(b)(2), Post, p. 1162. section 363(b)(3), and section 363(c) shall apply to the supplemental State energy conservation plans to the same extent as such provisions apply to State energy conservation plans. Federal financial "(6) The Administrator may grant Federal financial assistance assistance. pursuant to this section for the purpose of assisting any State in the development of any supplemental State energy conservation plan or in the implementation or modification of such a plan or part thereof which has been submitted to and approved by the Administrator pursuant to this section. "(b)(1) Each proposed supplemental State energy conservation plan to be eligible for Federal financial assistance under this section shall include—

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Hardwick v. Bowers (760 F.2d 1202)

Kathleen L. Wilde, Atlanta, Ga., for plaintiffs-appellants.

George M. Weaver, Asst. Attys. Gen., Atlanta, Ga., for Bowers.

H. Allen Moye, Asst. Dist. Atty., Atlanta, Ga., for Slaton.

Marva Jones Brooks, George R. Ference, Atlanta, Ga., for Napper.

Nan D. Hunter, New York City, for ACLU.

Before Kravitch and Johnson, Circuit Judges, and Tuttle, Senior Circuit Judge.

title: Hardwick v. Bowers (760 F.2d 1202)


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Page:United States Statutes at Large Volume 90 Part 1.djvu/1211

 PUBLIC LAW 94-385—AUG. 14, 1976

90 STAT. 1161

" (A) procedures for carrying out a continuing public education effort to increase significantly public awareness of— • "(i) the energy and cost savings which are likely to result from the implementation (including implementation through ^ group efforts) of energy conservation measures and renew' able-resource energy measures; and "(ii) information and other assistance (including information as to available technical assistance) which is or may be available with respect to the planning, financing, installing, and with respect to monitoring the effectiveness of measures likely to conserve, or improve efficiency in the use of, energy, including energy conservation measures and renewableresource energy measures; " (B) procedures for insuring that effective coordination exists among various local. State, and Federal energy conservation pro-j _^; grams within and affecting such State, including any energy extension service program administered by the Energy Research and Development Administration; "(C) procedures for encouraging and for carrying out energy audits with respect to buildings and industrial plants within such State; and "(D) any procedures, programs, or other actions required by the Administrator pursuant to paragraph (2). "(2) The Administrator may promulgate guidelines under this Guidelines section to provide that, in order to be eligible for Federal assistance under this section, a supplemental State energy conservation plan shall include, in addition to the requirements of paragraph (1) of ,.. this subsection, one or more of the following: ... ' "(A) the formation of, and appointment of qualified individ- State energy uals to be members of, a State energy conservation advisory com- conservation mittee. Such a committee shall have continuing authority to advisory comadvise and assist such State and its political subdivisions, with mittee. respect to matters relating to energy conservation in such State, including the carrying out of such State's energy conservation plan, the development and formulation of any improvements or amendments to such plan, and the development and formulation of procedures which meet the requirements of subparagraphs (A), (B), and (C) of subsection (b)(1). The applicable guidelines shall be designed to assure that each such committee carefully considers the views of the various energy-consuming sectors within the State and of public and private groups concerned with energy conservation; "(B) an adequate program within such State for the purpose of preventing any unfair or deceptive acts or practices affecting commerce which relate to the implementation of energy conservation measures and renewable-resource energy measures; "(C) procedures for the periodic verification (by use of sampling or other techniques), at reasonable times, and under reasonable conditions, by qualified officials designated by such State of the purchase and installation and actual cost of energy conservation measures and renewable-resource energy measures for which financial assistance was obtained under section 509 of the Housing and Urban Development Act of 1970, or section 451 of the Energy Post, p. 1162. Conservation and Production Act; and Post, p. 1165. "(D) assistance for individuals and other persons to undertake cooperative action to implement energy conservation measures and renewable-resource energy measures.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1212

 90 STAT. 1162 Appropriation authorization. 42 USC 6323.

42 USC 6325.

Cooperation with State agencies.

15 USC 58.

Infra. Post, p. 1165. Energy audits. Ante, p. 1160.

PUBLIC LAW 9 4 - 3 8 5 — A U G. 14, 1976 " (c) There are authorized to be appropriated for supplemental State energy conservation plans which are approved under this section $25,000,000 for fiscal year 1977, $40,000,000 for fiscal year 1978, and $40,000,000 for fiscal year 1979.". (b) Section 363(b)(2) of the Energy Policy and Conservation Act is amended by adding at the end thereof the following: "No such plan shall be disapproved without notice and an opportunity to present views.". (c) Section 363(c) of the Energy Policy and Conservation Act is amended by (1) striking out "project or program " and "projects or program s " in the first sentence and inserting in lieu thereof "plan, program, projects, measures, or systems" in each case; and (2) striking out "examination" in the second sentence and inserting in lieu thereof "examination, at reasonable times and under reasonable conditions.". (d) Section 365 of the Energy Policy and Conservation Act is amended— (1) by redesignating subsection (d) as subsection (f); (2) by adding immediately after subsection (c) the following two new subsections: " (d) The Federal Trade Commission shall (1) cooperate with and assist State agencies which have p r i m a r y responsibilities for the protection of consumers in activities aimed at preventing unfair and deceptive acts or practices affecting commerce which relate to the implementation of measures likely to conserve, or improve efficiency in the use of, energy, including energy conservation measures and renewable-resource energy measures, and (2) undertake its own program, pursuant to the Federal Trade Commission Act, to prevent unfair or deceptive acts or practices affecting commerce which relate to the implementation of any such measures. " (e) W i t h i n 90 days after the date of enactment of this subsection, the Administrator shall— " (1) develop, by rule after consultation with the Secretary of Housing and Urban Development, and publish a list of energy conservation measures and renewable-resource energy measures which are eligible (on a national or regional basis) for financial assistance pursuant to section 509 of the Housing and Urban Development Act of 1970 or section 451 of the Energy Conservation and Production Act; " (2) designate, by rule, the types of, and requirements for, energy audits."; and (3) in subsection (f), as redesignated by paragraph (1), by inserting " ( other than section 3 6 7) " after " part ". P A R T C — N A T I O N A L E N E R G Y CONSERVATION AND RENEWABLE-RESOURCE DEMONSTRATION PROGRAM FOR E X I S T I N G DWELLING U N I T S ENERGY CONSERVATION AND RENEWABLE-RESOURCE DEMONSTRATION

SEC. 441. Title V of the Housing and Urban Development Act of 12 USC 1701Z-1 1970 is amended by adding the following new section at the end et seq. thereof:

((ENERGY 12 USC 1701z-8.

CONSERVATION AND RENEWABLE-RESOURCE DEMONSTRATION

" SEC. 509. (a) The Secretary shall undertake a national demonstration program designed to test the feasibility and effectiveness of various forms of financial assistance for encouraging the installation or implementation of approved energy conservation measures and

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1213

 PUBLIC LAW 94-385—AUG. 14, 1976

90 STAT. 1163

approved renewable-resource energy measures in existing dweUiiig units. The Secretary shall carry out such demonstration program with a view toward recommending a national program or programs designed to reduce significantly the consumption of energy in existing dwelling units. "(b) The Secretary is authorized to make financial assistance avail- Financial able pursuant to this section in the form of grants, low-interest-rate assistance. loans, interest subsidies, loan guarantees, and such other forms of assistance as the Secretary deems appropriate to carry out the purposes of this section. Assistance may be made available to both owners of dwelling units and tenants occupying such units. "(c) In carrying out the demonstration program lequired by this section, the Secretary shall— "(1) provide assistance in a wide variety of geographic areas to reflect differences in climate, types of dwelling units, and income levels of recipients in order to provide a national profile for use in designing a program which is to be operational and effective nationwide; "(2) evaluate the appropriateness of various financial incentives for different income levels of owners and occupants of existing dwelling units; "(3) take into account and evaluate any other financial assistance which may be available for the installation or implementation of energy conservation and renewable-resource energy measures; "(4) make use of such State and local instrumentalities or other public or private entities as may be appropriate in carrying out the purposes of this section in coordination with the provisions of part C of title III of the Energy Policy and Conservation Act; 42 USC 6321. "(5) consider, with respect to various forms of assistance and procedures for their application, (A) the extent to which energy conservation measures and renewable-resource energy measures are encouraged which would otherwise not have been undertaken, (B) the minimum amount of Federal subsidy necessary to achieve the objectives of a national program, (C) the costs of administering the assistance, (D) the extent to which the assistance may be encumbered by delays, redtape, and uncertainty as to its availability with respect to any particular applicant, (E) the factors which may prevent the assistance from being available in certain areas or for certain classes of persons, and (F) the extent to which fraudulent practices can be prevented; and " (6) consult with the Administrator and the heads of such other Federal agencies as may be appropriate. " (d)(1) The amount of any grant made pursuant to this section shall not exceed the lesser of— Grant limitations. "(A) with respect to an approved energy conservation measure, (i) $400, or (ii) 20 per centum of the cost of installing or otherwise implementing such measure; and " (B) with respect to an approved renewable-resource energy measure, (i) $2,000, or (ii) 25 per centum of the cost of installing or otherwise implementing such measure. The Secretary may, by rule, mcrease such percentages and amounts Rule. in the case of an applicant whose annual gross family income for the preceding taxable year is less than the median family income for the housing market area in which the dwelling unit which is to be modified by such measure is located, as determined by the Secretary. The Secretary may also modify the limitations specified in this paragraph if necessary in order to achieve the purposes of this section.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1214

 90 STAT. 1164 Eligibility.

'

Delegation of responsibilities.

42 USC 6321. Report to Congress.

Report to Congress.

Definitions.

Ante, p. 1162.

Ante, p. 1158. Appropriation auUiorization.

PUBLIC LAW 94-385—AUG. 14, 1976 "(2) No person shall be eligible for both financial assistance under this section and a credit against income tax for the same energy conservation measure or renewable-resource energy measure. "(e) The Secretary may condition the availability of financial assistance with respect to the installation and implementation of any renewable-resource energy measure on such measure's meeting performance standards for reliability and efficiency and such certification procedures as the Secretary may, in consultation with the Administrator and other appropriate Federal agencies, prescribe for the purpose of protecting consumers. "(f) In carrying out the demonstration program required by this section, the Secretary is authorized to delegate responsibilities to, or to contract with, other Federal agencies or with such State or local instrumentalities or other public or private bodies as the Secretary may deem desirable. Such demonstration program shall be coordinated, to the extent practicable, with the State energy conservation plans as described in, and implemented pursuant to, part C of title III of the Energy Policy and Conservation Act. "(g) The Secretary shall submit an interim report to the Congress not later than 6 months after the date of enactment of this section (and every 6 months thereafter until the final report is made under this subsection) indicating the progress made in carrying out the demonstration program required by this section and shall submit a final report to the Congress, containing findings and legislative recommendations, not later than 2 years after the date of enactment of this section. As part of each report made under this subsection, the Secretary shall include an evaluation, based on the criteria described in subsection (h), of each demonstration project conducted under this section. "(h) Prior to undertaking any demonstration project under this section, the Secretary shall specify and report to the Congress the criteria by which the Secretary will evaluate the effectiveness of the project and the results to be sought. " (i) As used in this section: "(1) The term 'Administrator' means the Administrator of the Federal Energy Administration; except that after such Administration ceases to exist, such term means any officer of the United States designated by the President for purposes of this section. "(2) The term 'approved', with respect to an energy conservation measure or a renewable-resource energy measure, means any such measure which is included on a list of such measures which is published by the Administrator of the Federal Energy Administration pursuant to section 365(e)(1) of the Energy Policy and Conservation Act. The Administrator may, by rule, require that an energy audit be conducted as a condition of obtaining assistance under this section for a renewable-resource energy measure. "(3) The terms 'energy audit', 'energy conservation measure', and 'renewable-resource energy measure' have the meanings prescribed for such terms in section 3^6 of the Energy Policy and Conservation Act. "(j) There is authorized to be appropriated, for purposes of this section, not to exceed $200,000,000. Any amount appropriated pursuant to this subsection shall remain available until expended.".

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1215

 PUBLIC LAW 94-385—AUG. 14, 1976

90 STAT. 1165

PART D—ENERGY CONSERVATION AND RENEWABLE-RESOURCE OBLIGATION GUARANTEES PROGRAM

SEC. 451. (a)(1) The Administrator may, in accordance with this section and such rules as he shall prescribe after consultation with the Secretary of the Treasury, guarantee and issue commitments to guarantee the payment of the outstanding principal amount of any loan, note, bond, or other obligation evidencing indebtedness, if— (A) such obligation is entered into or issued by any person or by any State, political subdivision of a State, or agency and instrumentality of either a State or political subdivision thereof; and (B) the purpose of entering into or issuing such obligation is the financing of any energy conservation measure or renewableresource energy measure which is to be installed or otherwise implemented in any building or industrial plant owned or operated by the person or State, political subdivision of a State, or agency or instrumentality of either a State or political subdivision thereof, (i) which enters into or issues such obligation, or (ii) to which such measure is leased. (2) No guarantee or conunitment to guarantee may be issued under this subsection with respect to any obligation— (A) which is a general obligation of a State; or (B) which is entered into or issued for the purpose of financing any energy conservation measure or renevvable-resouice energy measure which is to be installed or otherwise implemented in a residential building containing 2 or fewer dwelling units. (3) Before prescribing rules pursuant to this subsection, the Administrator shall consult with the Administrator of the Small Business Administration in order to formulate procedures which would assist small business concerns in obtaining guarantees and commitments to guarantee under this section. (b) No obligation may be guaranteed, and no commitment to guarantee an obligation may be issued, under subsection (a), unless the Administrator finds that the measure which is to be financed by such obligation— (1) has been identified by an energy audit to be an energy conservation measure or a renewable-resource energy measure; or (2) is included on a list of energy conservation measures and renewable-resource energy measures which the Administrator publishes under section 365(e)(1) of the Energy Policy and Conservation Act. Before issuing a guarantee under subsection (a), the Administrator may require that an energy audit be conducted with respect to an energy conservation measure or a renewable-resource energy measure which is on a list described in paragraph (2) and which is to be financed by the obligation to be guaranteed under this section. The amount of any obligation which may be guaranteed under subsection (a) may include the cost of an energy audit. (c)(i) The Administrator shall limit the availability of a guarantee otherwise authorized by subsection (a) to obligations entered into by or issued by borrowers who can demonstrate that financing is not otherwise available on reasonable terms and conditions to allow the measure to be financed.

Payment guarantees. 42 USC 6881.

Ante, p. 1162. Energy audit.

Limitation.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1216

 90 STAT. 1166

'

Recordkeeping.

Borrower fee.

PUBLIC LAW 94-385—AUG. 14, 1976 (2) No obligation may be guaranteed by the Administrator under subsection (a) unless the Administrator finds— (A) there is a reasonable prospect for the repayment of such obligation; and (B) in the case of an obligation issued by a person, such obligation constitutes a general obligation of such person for such guarantee. (3) The term of any guarantee issued under subsection (a) may not exceed 25 years. (4) The aggregate outstanding principal amount which may be guaranteed under subsection (a) at any one time with respect to obligations entered into or issued by any borrower may not exceed $5,000,000. (d) The original principal amount guaranteed under subsection (a) may not exceed 90 percent of the cost of the energy conservation measure or the renewable-resource energy measure financed by the obligation guaranteed under such subsection; except that such amount may not exceed 25 percent of the fair market value of the building or industrial plant being modified by such energy conservation measure or renewable-resource energy measure. No guarantee issued, and no commitment to guarantee, which is issued under subsection (a) shall be terminated, canceled, or otherwise revoked except in accordance with reasonable terms and conditions prescribed by the Administrator, after consultation with the Secretary of the Treasury and the Comptroller General, and contained in the written guarantee or commitment to guarantee. The full faith and credit of the United States is pledged to the payment of all guarantees made under subsection (a). Any such guarantee made by the Administrator shall be conclusive evidence of the eligibility of the obligation involved for such guarantee, and the validity of any guarantee so made shall be incontestable in the hands of a holder of the guaranteed obligation except for fraud or material misrepresentation on the part of such holder. (e)(1) No guarantee and no commitment to guarantee may be issued under subsection (a) unless the Administrator obtains any information reasonably requested and such assurances as are in his judgment (after consultation with the Secretary of the Treasury and the Comptroller General) reasonable to protect the interests of the United States and to assure that such guarantee or commitment to guarantee is consistent with and will further the purpose of this title. The Administrator shall require that records be kept and made available to the Administrator or the Comptroller General, or any of their duly authorized representatives, in such detail and form as are determined necessary to facilitate (A) an effective financial audit of the energy conservation measure or renewable-resource energy measure investment involved, and (B) an adequate evaluation of the effectiveness of this section. The Administrator and the Comptroller General, or any of their duly authorized representatives, shall have access to pertinent books, documents, papers, and records of any recipient of Federal assistance under this section. (2) The Administrator may collect a fee from any borrower with respect to whose obligation a guarantee or commitment to guarantee is issued under subsection (a); except that the Administrator may waive any such fee with respect to any such borrower or class of borrowers. Fees shall be designed to recover the estimated administrative expenses incurred under this part; except that the total of the fees charged any such borrower may not exceed (A) one percent of the amount of the guarantee, or (B) one-half percent of the amount

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1217

 PUBLIC LAW 94-385—AUG. 14, 1976 of the commitment to guarantee, whichever is greater. Any amount collected under this paragraph shall be deposited in the miscellaneous receipts of the Treasury. (f)(1) If there is a default by the obligor in any payment of principal due under an obligation guaranteed under subsection (a), and if such default continues for 30 days, the holder of such obligation or his agent has the right to demand payment by the Administrator of the unpaid principal of such obligation, consistent with the terms of the guarantee of such obligation. Such payment may be demanded within such period as may be specified in the guarantee or related agreements, which period shall expire not later than 90 days from the date of such default. If demand occurs within such specified period, then not later than 60 days from the date of such demand, the Administrator shall pay to such holder the unpaid principal of such obligation, consistent with the terms of the guarantee of such obligation; except that (A) the Administrator shall not be required to make any such payment if he finds, prior to the expiration of the 60-day period beginning on the date on which the demand is made, that there was no default by the obligor in the payment of principal or that such default has been remedied, and (B) no such holder shall receive payment or be entitled to retain payment in a total amount which together with any other recovery (including any recovery based upon any security interest) exceeds the actual loss of principal by such holder. (2) If the Administrator makes payment to a holder under paragraph (1), the Administrator shall thereupon— (A) have all of the rights granted to him by law or agreement wnth the obligor; and (B) be subrogated to all of the rights which were granted such holder, by law, assignment, or security agreement applicable to the guaranteed obligation. (3) The Administrator may, in his discretion, take possession of, complete, recondition, reconstruct, renovate, repair, maintain, operate, remove, charter, rent, sell, or otherwise dispose of any property or other interests obtained by him pursuant to this subsection. The terms of any such sale or other disposition shall be as approved by the Administrator. (4) If there is a default by the obligor in any payment due under an obligation guaranteed under subsection (a), the Administrator shall take such action against such obligor or any other person as is, in his discretion, necessary or appropriate to protect the interests of the United States. Such an action may be brought in the name of the United States or in the name of the holder of such obligation. Such holder shall make available to the Administrator all records and evidence necessary to prosecute any such suit. The Administrator may, in his discretion, accept a conveyance of property in full or partial satisfaction of any sums owed to him. If the Administrator receives, through the sale of property, an amount greater than his cost and the amount paid to the holder under paragraph (1), he shall pay such excess to the obligor. (g)(1) The aggregate outstanding principal amount of obligations which may be guaranteed under this section may not at any one time exceed $2,000,000,000. No guarantee or commitment to guarantee may be issued under subsection (a) after September 30, 1979. (2) There is authorized to be appropriated for the payment of amounts to be paid under subsection (f), not to exceed $60,000,000. Any amount appropriated pursuant to this paragraph shall remain available until expended.

89-194 O—78—Dt. 1

77

90 STAT. 1167

Default,

-

v"

,,, Disposal of property.,

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Appropriation authorization.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1218

 90 STAT. 1168 Laborers and mechanics, wages. 40 USC 276a note.

5 USC app. Definitions.

Ante, p. 1158.

PUBLIC LAW 94-385—AUG. 14, 1976 (h) All laborers and mechanics employed in construction, alteration, or repair which is financed by an obligation guaranteed under subsection (a) shall be paid wages at rates not less than those prevailing on similar construction in the locality, as determined by the Secretary of Labor in accordance with the Davis-Bacon Act. The Administrator shall not guarantee any obligations under subsection (a) without first obtaining adequate assurance that these labor standards will be maintained during such construction, alteration, or repair. The Secretary of Labor shall, with respect to the labor standards in this subsection, have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 and section 276c of title 40, United States Code. (i) As used in this part: (1) The term "Administrator" means the Administrator of the Federal Energy Administration; except that after such Administration ceases to exist, such term means any officer of the United States designated by the President for purposes of this part. (2) The term "Comptroller General" means the Comptroller General of the United States. (3) The terms "energy audit", "energy conservation measure", "renewable-resource energy measure", "building", and "industrial plant" have the meanings prescribed for such terms in section 366 of the Federal Energy Policy and Conservation Act. PART E—MISCELLANEOUS PROVISIONS EXCHANGE OF INFORMATION

42 USC 6891.

SEC. 461. The Administrator shall (through conferences, publications, and other appropriate means) encourage and facilitate the exchange of information among the States with respect to energy conservation and increased use of nondepletable energy sources. REPORT BY THE COMPTROLLER GENERAL

Report to Congress.

42 USC 6892. 15 USC 771.

SEC. 462. (a) For each fiscal year ending before October 1, 1979, the Comptroller General shall report to the Congress on the activities of the Administrator and the Secretary under this title and any amendments to other statutes made by this title. The provisions of section 12 of the Federal Energy Administration Act of 1974 (relating to access by the Comptroller General to books, documents, papers, statistics, data, records, and information in the possession of the Administrator or of recipients of Federal funds) shall apply to data which relate to such activities. (b) Each report submitted by the Comptroller General under subsection (a) shall include— (1) an accounting, by State, of expenditures of Federal funds under each program authorized by this title or by amendments made by this title; (2) an estimate of the energy savings which have resulted thereby; (3) a thorough evaluation of the effectiveness of the programs authorized by this title or by amendments made by this title in achieving the energy conservation or renewable resource potential available in the sectors and regions affected by such programs;

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1219

 PUBLIC LAW 94-385—AUG. 14, 1976

90 STAT. 1169

(4) a review of the extent and effectiveness of compliance monitoring of programs established by this title or by amendments made by this title and any evidence as to the occurrence of fraud with respect to such programs; and (5) the recommendations of the Comptroller General with respect to (A) improvements in the administration of programs authorized by this title or b^ amendments made by this title, and (B) additional legislation, if any, which is needed to achieve the purposes of this title. (c) As used in this part: Definitions. (1) The term "Administrator" means the Administrator of the Federal Energy Administration; except that after such Administration ceases to exist, such term means any officer of the United '. "ts*. States designated by the President for purposes of this part. (2) The term "Cfomptroller General" means the Comptroller General of the United States. (3) The term "Secretary" means the Secretary of Housing and Urban Development. Approved August 14, 1976.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-1113 (Coram, on Interstate and Foreign Commerce) and No. 94-1392 (Comm. of Conference). SENATE REPORTS: No. 94-874 accompanying S. 2872 (Coram, on Government Operations) and No. 94-1119 (Comra. of Conference). CONGRESSIONAL RECORD, Vol. 122 (1976): May 27, June 1, considered and passed House. June 16, considered and passed Senate, amended, in lieu of S. 2872. Aug. 5, Senate agreed to conference report. Aug. 10, House agreed to conference report.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1220

 90 STAT. 1170

PUBLIC LAW 94-386—AUG. 14, 1976

Public Law 94-386 94th Congress An Act Aug. 14, 1976 [H.R. 13121]

D.C. Code. Publication.

2 USC 285b note; D.C. Code 49-112.

Future editions.

To direct the Law Revision Counsel to prepare and publish the District of Columbia Code through publication of supplement V to the 1973 edition, with the Council of the District of Columbia to be responsible for preparation and publication of such Code thereafter.

Be it enacted by the Senate and House of Representatives of the United States of America in Gmigress assembled. That paragraph (6) of section 205(c) of H. Kes. 988, Ninety-third Congress (2 U.S.C. 285b(6)), as made permanent law by the first paragraph under the heading "Administrative Provisions in chapter III of title I of the Act of December 27, 1974 (Public Law 93-554; 88 Stat. 1777), is amended by striking out "until such time as the District of Columbia Self-Government and Governmental Reorganization Act becomes effective" and inserting in lieu thereof "through publication of the fifth annual cumulative supplement to the 1973 edition of such Code". SEC. 2. (a) After publication by the Law Revision Counsel of the fifth annual cumulative supplement to the 1973 edition of the District of Columbia Code, new editions of the District of Columbia Code (and annual cumulative supplements thereto) shall be prepared and published under the direction of the Council of the District of Columbia and shall set forth the general and permanent laws relating to or in force in the District of Columbia, whether enacted by the Congress or by the Council of the District of Columbia, except such laws as are of application in the District of Columbia by reason of being laws of the United States general and permanent in nature. (b) After completion of the printing of the fifth annual cumulative supplement to the 1973 edition of the District of Columbia Code, the Public Printer shall, as the Council of the District of Columbia may request, either— (1) furnish to the Council of the District of Columbia, on such terms as the Public Printer (in consultation with the Joint Committee on Printing) deems appropriate, the type used in preparing the 1973 edition of the District of Columbia Code and the fifth annual cumulative supplement to such edition; or (2) make such arrangements with the Council of the District of Columbia as the Public Printer (in consultation with the Joint Committee on Printing) deems appropriate for the printing by the Government Printing Office of future editions of the District of Columbia Code, and annual cumulative supplements thereto, prepared under the direction of the Council of the District of Columbia. Approved August 14, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1096 (Comm. on the District of Columbia). SENATE REPORT No. 94-1059 (Comm. on the District of Columbia). CONGRESSIONAL RECORD, Vol. 122 (1976): May 24, considered and passed House. Aug. 5, considered and passed Senate.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1221

 PUBLIC LAW 94-387—AUG. 14, 1976

90 STAT. 1171

Public Law 94-387 94th Congress An Act Making appropriations for the Department of Transportation and related agencies for the fiscal year ending September 30, 1977, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Department of Transportation and related agencies for the fiscal year ending September 30, 1977, and for other purposes, namely: TITLE I DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY SALARIES AND EXPENSES

For necessary expenses of the Office of the Secretary of Transportation, including not to exceed $27,000 for allocation within the Department for official reception and representation expenses as the Secretary may determine, $34,900,000. TRANSPORTATION PLANNING, RESEARCH, AND DEVELOPMENT

For necessary expenses for conducting transportation planning, research, and development activities, including the collection of national transportation statistics, to remain available until expended, $28,000,000. TRANSPORTATION RESEARCH ACTIVITIES OVERSEAS (SPECIAL FOREIGN CURRENCY PROGRAM)

For payments in foreign currencies which the Treasury Department determines to be excess to the normal requirements of the United States, for necessary expenses for conducting transportation research activities overseas, as authorized by law, $100,000, to remain available until expended: Provided, That this appropriation shall be available, in addition to other appropriations to the Department, for payments in the foregoing currencies. GRANTS-IN-AID FOR NATURAL GAS PIPELINE SAFETY

For grants-in-aid to carry out a pipeline safety program, as authorized by section 5 of the Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. 1674), $2,250,000, to remain available until expended.

Aug. 14. 1976 [H.R. 14234] Department of Transportation and Related Agencies Appropriation Act, 1977.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1222

 90 STAT. 1172

PUBLIC LAW 94-387—AUG. 14, 1976 COAST GUARD OPERATING EXPENSES (INCLUDING TRANSFER OF FUNDS)

14 USC 92 note,

For necessary expenses for the operation and maintenance of the Coast Guard, not otherwise provided for; purchase of not to exceed sixteen passenger motor vehicles, for replacement only; and recreation and welfare; $818,580,000 of which $197,422 shall be applied to Capehart Housing debt reduction: Provided, That the number of aircraft on hand at any one time shall not exceed one hundred and seventy-nine exclusive of planes and parts stored to meet future attrition: Provided further, That amounts equal to the obligated balances against the appropriations for "Operating expenses" for the two preceding years, and the period July 1, 1976, through September 30, 1976, shall be transferred to and merged with this appropriation, and such merged appropriation shall be available as one fund, except for accounting purposes of the Coast Guard, for the payment of ooligations properly incurred against such prior year appropriations and against this appropriation. ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

^

^

For necessary expenses of acquisition, construction, rebuilding, and improvement of aids to navigation, shore facilities, vessels, and aircraft, including equipment related thereto; $241,000,000, of which not to exceed $5,000,000 may be transferred to the appropriation "Pollution Fund" to remain available until September 30, 1979. ALTERATION OF BRIDGES

For necessary expenses for alteration of obstructive bridges; $10,900,000 to remain available until expended. RETIRED PAY

For retired pay, including the payment of obligations therefor otherwise chargeable to lapsed appropriations for this purpose, and payments under the Retired Serviceman's Family Protection and Survivor Benefit Plans; $147,103,000. RESERVE TRAINING (INCLUDING TRANSFER OF FUNDS)

For all necessary expenses for the Coast Guard Reserve, as authorized by law; maintenance and operation of facilities; and supplies, equipment, and services; $34,650,000: Provided, That amounts equal to the obligated balances against the appropriations for "Reserve training" for the two preceding years and the period July 1, 1976, through September 30, 1976, shall be transferred to and merged with this appropriation, and such merged appropriation shall be available as one fund, except for accounting purposes of the Coast Guard, for the payment of obligations properly incurred against such prior year appropriations and against this appropriation.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1223

 PUBLIC LAW 94-387—AUG. 14, 1976

90 STAT. 1173

KESEARCH, DEVELOPMENT, TEST, AND EVALUATION

For necessary expenses, not otherwise provided for, for basic and applied scientific research, development, test, and evaluation; maintenance, rehabilitation, lease, and operation of facilities and equipment, as authorized by law; $18,800,000, to remain available until expended. STATE BOATING SAFETY ASSISTANCE

For financial assistance for State boating safety programs in accordance with the provisions of the Federal Boat Safety Act of 1971, as amended (46 U.S.C. 1451 et seq.), $5,790,000, to remain available until expended.

(

FEDERAL AVIATION ADMINISTRATION OPERATIONS

For necessary expenses of the Federal Aviation Administration, not otherwise provided for, including administrative expenses for research and development and for establishment of air navigation facilities, and carrying out the provisions of the Airport and Airway Development Act; purchase of four passenger motor vehicles for replacement only 49 USC 1701 and purchase and repair of skis and snowshoes: $1,666,000,000 of which "^'t^$250,000,000 shall be derived by transfer from the Airport and Airway Trust Fund, for the purposes of subsection (e) of section 14 of the Airport and Airway Development Act of 1970, as amended, and 49 USC 1714. subject to the conditions of that subsection: Provided, That there may be credited to this appropriation, funds received from States, counties, municipalities, other public authorities, and private sources, for expenses incurred in the maintenance and operation of air navigation facilities. FACILITIES, ENGINEERING AND DEVELOPMENT (INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Federal Aviation Administration, not otherwise provided for and for acquisition and modernization of facilities and equipment and service testing in accordance with the provisions of the Federal Aviation Act (49 U.S.C. 1301-1542), including construction of experimental facilities and acquisition of necessary sites by lease or grant, $15,500,000, to remain available until expended; and, in addition, not to exceed $1,900,000 from unobligated balances in the appropriations for "Civil Supersonic Aircraft Development" and "Civil Supersonic Aircraft Development Termination" may be transferred to this account for necessary expenses to condiict a study of high altitude pollution: Provided, That there may be credited to this appropriation, funds received from States, counties, municipalities, other public authorities, and private sources, for expenses incurred for engineering and development. FACILITIES AND EQUIPMENT (AIRPORT AND AIRWAY TRUST F U N D)

For necessary expenses, not otherwise provided for; for acquisition, establishment, and improvement by contract or purchase, and hire of air navigation and experimental facilities, including initial acquisi-

^

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1224

 90 STAT. 1174

PUBLIC LAW 9 4 - 3 8 7 — A U G. 14, 1976 tion of necessary sites by lease or g r a n t; engineering and service testing including construction of test facilities and acquisition of necessary sites by lease or g r a n t; construction and furnishing of quarters and related accommodations for ojSicers and employees of the Federal Aviation Administration stationed at remote localities where such accommodations are not available; $200,000,000, to be derived from the A i r p o r t and A i r w a y T r u s t F u n d, to remain available until September 30, 1979: Provided, That there may be credited to this appropriation funds received from States, counties, municipalities, other public authorities, and private sources, for expenses incurred in the establishment and modernization of air navigation facilities: Provided further, That no part of the foregoing appropriation shall be available for the construction of a new wind tunnel, or to purchase any land for or in connection with the National Aviation Facilities Experimental Center, or to decommission in excess of five flight service stations. RESEARCH, E N G I N E E R I N G AND DEVELOPMENT (AIRPORT AND A I R W A Y TRUST F U N D)

i>

.r

For necessary expenses, not otherwise provided, for research, engineering and development in accordance with the provisions of the Federal Aviation Act (49 U.S.C. 1301-1542), including construction of experimental facilities and acquisition of necessary sites by lease or g r a n t; $74,350,000 to be derived from the Airport and A i r w a y T r u s t F u n d, to remain available until expended: Provided, That there may be credited to this appropriation funds received from States, counties, municipalities, other public authorities, and private sources, for expenses incurred for research, engineering and development. G R A N T S - I N - A I D FOR AIRPORTS (LIQUIDATION or CONTRACT AUTHORIZATION) (AIRPORT AND A I R W A Y T R U S T F U N D)

49 USC 1714.

For liquidation of obligations incurred for airport development under authority contained in section 14 of Public Law 91-258, as amended, to be derived from the A i r p o r t and Airway T r u s t F u n d and to remain available until expended, $355,000,000; and for a i r p o r t planning grants $15,000,000 to be derived from the A i r p o r t and Airway Trust F u n d and to remain available until expended: Provided, That the sum appropriated for airport p l a n n i n g grants shall be available for obligation upon the date of enactment of this Act. OPERATION AND M A I N T E N A N C E, METROPOLITAN W A S H I N G TO N AIRPORTS

For expenses incident to the care, operation, maintenance, improvement, and protection of the federally owned civil airports in the vicinity of the District of Columbia, including purchase of ten passenger motor vehicles for police type use, for replacement only; and purchase of two motor bikes for replacement only; purchase, cleaning, and repair of uniforms; and arms and ammunition; $20,700,000. CONSTRUCTION, METROPOLITAN W A S H I N G TO N AIRPORTS

For necessary expenses for construction at the federally owned civil airports in the vicinity of the District of Columbia, $5,000,000, to remain available until September 30, 1979.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1225

 PUBLIC LAW 9 4 - 3 8 7 — A U G. 14, 1976

90 STAT. 1175

AVIATION W A R R I S K INSURANCE REVOLVING F U N D

The Secretary of Transportation is hereby authorized to make such expenditures, within the h m i t s of funds available pursuant to section 1306 of the Act of August 23, 1958 (49 U.S.C. 1536), and in accordance with section 104 of the Government Corporation Control Act, as amended (31 U.S.C. 849), as may be necessary in carrying out the program s set forth in the budget for the current fiscal year for aviation war risk insurance activities under said Act. FEDERAL HIGHWAY

ADMINISTRATION

L I M I T A T I O N ON GENERAL OPERATING E X P E N S E S

Necessary expenses for administration, operation, and research of the Federal H i g h w a y Administration not to exceed $150,400,000 shall be paid, in accordance with law, from appropriations made available by this Act to the Federal H i g h w a y Administration together with advances and reimbursements received by the Federal H i g h w a y Administration: Provided, That not to exceed $32,170,000 of the amount provided herein shall remain available until expended.

^

MOTOR CARRIER SAFETY

For necessary expenses to carry out motor carrier safety functions of the Secretary, as authorized by the Department of Transportation Act (80 Stat. 939-^0), $6,949,000; Provided, That not to exceed $400,000 of the amount appropriated herein shall remain available until expended and not to exceed $799,000, shall be available for "Limitation on general operating expenses." H I G H W A Y SAFETY RESEARCH AND DEVELOPMENT

For necessary expenses in carrying out provisions of title 23, United States Code, to be derived from the H i g h w a y T r u s t F u n d $9,000,000, to remain available until expended. H I G H W A Y BEAUTIFICATION

For necessary expenses to carry out the provisions of title 23, United States Code, sections 131 and 136, and the Federal-Aid H i g h w a y Act of 1976, section 105(a) (11), $28,000,000 to remain available until Ante,^.A>21. expended: Provided, That not to exceed $1,085,000 of the amount appropriated herein shall be available for "Limitation on general operating expenses". H I G H W A Y BEAUTIFICATION (LIQUIDATION OF CONTRACT AUTHORIZATION)

For payment of obligations, authorized for 1976 and prior years, incurred in carrying out the provisions of title 23, United States Code, sections 131, 136, and 3 1 9 (b), to remain available until expended, $33,600,000.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1226

 90 STAT. 1176

PUBLIC LAW 9 4 - 3 8 7 — A U G. 14, 1976 H I G H W A Y - R E L A T E D SAFETY GRANTS (LIQUIDATION OF CONTRACT AUTHORIZATION)

For payment of obligations incurred in c a r r y i n g out the provisions of title 23, United States Code, section 402, administered by the Federal H i g h w a y Administration, to remain available until expended, $26,820,000 of which $20,320,000 shall be derived from the H i g h w a y T r u s t F u n d: Provided, That not to exceed $556,000 of the amount appropriated herein shall be available for "Limitation on general operating expenses". RAILROAD-HIGHWAY CROSSINGS DEMONSTRATION

PROJECTS

For necessary expenses of railroad-highway crossings demonstration projects, as authorized by section 163 of the Federal-Aid H i g h w a y Act 23 USC 130 note, of 1973, as amended, and Title III of the National Mass T r a n s p o r t a 49 USC 1605 tion Assistance Act of 1974, to remain available until expended, note. $10,000,000 of which $6,666,667 shall be derived from the H i g h w a y 23 USC 130 note. Trust F u n d -.Provided, That section 163 of Public Law 93-87 is hereby amended to include projects at Terre H a u t e, Indiana. TERRITORIAL H I G H W A Y

(LIQUIDATION OF CONTRACT AUTHORIZATION)

For payment of obligations incurred in carrying out the provisions of title 23, United States Code, sections 215, 402, and 405, $3,560,000, to remain available until expended: Provided, That not to exceed $228,000 of the amount appropriated herein shall be available for "Limitation on general operating expenses". ALASKA H I G H W A Y

For necessary expenses to carry out the provisions of section 218 of title 23, United States Code, $15,000,000, to remain available until expended. O F F - S Y S T E M ROADS (LIQUIDATION OF CONTRACT AUTHORIZATION)

~* • •

For payment of obligations incurred in carrying out the provisions of title 23, United States Code, section 219, $70,000,000, to remain available until expended: Provided, That not to exceed $2,610,000 of the amount appropriated herein shall be available for "Limitation on general operating expenses".

. • • - •:

NATIONAL S C E N I C AND RECREATIONAL H I G H W A Y (LIQUIDATION OF CONTRACT AUTHORIZATION)

For payment of obligations incurred in carrying out the provisions of title 23, United States Code, section 148, to remain available until expended, $22,500,000, of which $14,300,000 shall be derived from the Highway Trust Fund. ACCESS H I G H W A Y S TO P U B L I C RECREATION AREAS ON CERTAIN L A K E S (INCLUDING TRANSFER OF FUNDS)

For necessary expenses not otherwise provided, to carry out the rovisions of title 23, United States Code, section 155, $4,767,000, to e derived from the appropriation for "Darien G a p H i g h w a y " and to remain available until September 30, 1979.

E

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1227

 PUBLIC LAW 94-387—AUG. 14, 1976

90 STAT. 1177

FEDERAL-AID HIGHWAYS (LIQUIDATION OF CONTRACT AUTHORIZATION) (TRUST F U N D)

For carrying out the provisions of title 23, United States Code, which are attributable to Federal-aid highways, not otherwise provided, including reimbursement for sums expended pursuant to the provisions of section 308, title 23, United States Code, $6,143,100,000 or so much thereof as may be available in and derived from the "Highway trust fund", to remain available until expended.

,

HIGHWAY SAFETY CONSTRUCTION PROGRAMS (LIQUIDATION OF CONTRACT AUTHORIZATION) (TRUST FUND)

For payment of obligations incurred in carrying out the provisions of title 23, United States Code, sections 130, 144, 151, 152, 153, and 405, $385,000,000, to be derived from the Highway Trust Fund, to remain available until expended. RiGHT-or-WAY

REVOLVING FUND (LIQUIDATION OF CONTR^^CT AUTHORIZATION) (TRUST FUND)

For payment of obligations incurred in carrying out the provisions of title 23, United States Code, section 108(c), as authorized by section 7(c) of the Federal-Aid Highway Act of 1968, to remain available until expended, $35,000,000, to be derived from the "Highway Trust Fund" at such times and in such amounts as may be necessary to meet current withdrawals. HIGHWAYS CROSSING FEDERAL PROJECTS

For necessary expenses in carrying out the provisions of title 23, United States Code, section 156, $35,000,000, to remain available until September 30, 1979. BALTIMORE-WASHINGTON PARKWAY

For necessary expenses, not otherwise provided, to carry out the provisions of the Federal-Aid Highway Act of 1970, for the Balti- 23 USC 101 note, more-Washington Parkway, to remain available until expended, $1,500,000 to be derived from the "Highway Trust Fund" and to be withdrawn therefrom at such times and in such amounts as may be necessary. OVERSEAS HIGHWAY

For necessary expenses for construction of the Overseas Highway in accordance with the provisions of section 118, "Federal-Aid Highway Amendments of 1974", to remain available until expended, 88 Stat. 2288. $12,500,000, to be derived from the "Highway Trust Fund". PROJECT ACCELERATION DEMONSTRATION PROGRAM

For necessary expenses to enable the Secretary to conduct demonstration projects authorized by section 141 of the Federal-Aid Highway Act of 1976, $10,000,000, to be derived from the Highway Trust Ante, p. 444. Fund and to remain available until expended. 23 USC 124 note.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1228

 90 STAT. 1178

PUBLIC LAW 9 4 - 3 8 7 — A U G. 14, 1976 ALASKA ROADS STUDY

For necessary expenses not otherwise provided to carry out the Ante, p. 448. provisions of section 151, "Federal-Aid H i g h w a y Act of 1976," 23 USC 218 note. $200,000 to remain available until expended. NATIONAL HIGHWAY TRAFFIC ADMINISTRATION T R A F F I C AND H I G H W A Y

15 USC 1901 note.

SAFETY

SAFETY

For expenses necessary to discharge the functions of the Secretary with respect to traffic and highway safety and functions under the Motor Vehicle Information and Cost Savings Act (Public Law 92-513), $72,326,000, of which $26,746,000 shall be derived from the H i g h w a y T r u s t F u n d: Provided, That not to exceed $29,876,000 shall remain available until expended, of which $8,616,000 shall be derived from the H i g h w a y T r u s t F u n d for contractual requirements of Research and Analysis activities. STATE AND COMMUNITY H I G H W A Y SAFETY (LIQUIDATION OP CONTRACT AUTHORIZATION)

For payment of obligations incurred in carrying out the provisions of title 23, United States Code, sections 402 and 406, to remain available until expended, $88,500,000, of which $83,360,000 shall be derived from the H i g h w a y T r u s t F u n d. FEDERAL RAILROAD OFFICE OF THE

ADMINISTRATION ADMINISTRATOR

For necessary expenses of the Federal Railroad Administration, not otherwise provided for, $6,300,000. RAILROAD

•

SAFETY

For necessary expenses in connection with railroad safety, not otherwise provided for, $18,300,000, of which $5,000,000 shall remain available until expended. G R A N T S - I N - A I D FOR RAILROAD SAFETY

For grants-in-aid to carry out a railroad safety program $1,000,000, to remain available until expended. RAILROAD RESEARCH AND

DEVELOPMENT

For necessary expenses for railroad research and development, $52,900,000, to remain available until expended: Provided, That there may be credited to this appropriation, funds received from State and local governments, other public authorities, private sources and foreign countries for expenses incurred for engineering, testing and development. R A I L SERVICE

Ante, p. 130. 45 USC 762.

ASSISTANCE

For necessary expenses for rail service assistance authorized by section 803 of Public Law 94-210, section 402 of Public Law 93-236, as amended, and for necessary administrative expenses in connection

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1229

 PUBLIC LAW 94-387—AUG. 14, 1976

90 STAT. 1179

with Federal rail assistance programs not otherwise provided for, $75,000,000, together with $5,000,000 for the programs authorized bysection 11(c)(6) and (7) of the Department of Transportation Act, as amended, and $3,000,000 for the Minority Resource Center, as Ante,^. 149. authorized by section 906 of Public Law 94-210, to remain available 49 USC 1657a. until expended. ^"^' P- '^^^• NORTHEAST CORRIDOR IMPROVEMENT PROGRAM

For necessary expenses related to Northeast Corridor improvements, $150,000,000, to remain available until expended. GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION

To enable the Secretary of Transportation to make grants to the National Railroad Passenger Corporation, $575,700,000, to remain available until expended, of which not more than $482,600,000 shall be available for operating losses incurred by the Corporation, including $62,600,000 which shall be available for the payment of additional operating expenses of the National Railroad Passenger Corporation, resulting from the operation, maintenance, and ownership or control of the Northeast Corridor pursuant to title VII of the Railroad Revitalization and Regulatory Reform Act of 1976, and not more than Ante, p. 119. $93,100,000 shall be available for capital improvements: Provided, however, That none of the funds herein appropriated shall be used for the lease or purchase of passenger motor vehicles or for the hire of vehicle operators for any officer or employee, other than the President, of the National Railroad Passenger Corporation, excluding the lease of passenger motor vehicles for those officers or employees while in official travel status. THE ALASKA RAILROAD ALASKA R A I L R O A D REVOLVING F U N D

The Alaska Railroad Revolving Fund shall continue available until expended for the work authorized by law, including operation and maintenance of oceangoing or coastwise vessels by ownership, charter, or arrangement with other branches of the Government service, for the purpose of providing additional facilities for transportation of freight, passengers, or mail, when deemed necessary for the benefit and development of industries or travel in the area served; and payment of compensation and expenses as authorized by 6 U.S.C. 8146, to be reimbursed as therein provided: Provided, That no employee shall be paid an annual salary out of said fund in excess of the salaries prescribed by the Classification Act of 1949, as amended, for grade GS-15, except 5 USC 5332 note, the general manager of said railroad, one assistant general manager at not to exceed the salaries prescribed by said Act for GS-17, and five officers at not to exceed the salaries prescribed by said Act for grade GS-16. P A Y M E N T TO THE ALASKA RAILROAD REVOLVING F U N D

For payment to the Alaska Railroad Revolving Fund for capital replacements, improvements, and maintenance, $6,000,000, to remain available until expended.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1230

 90 STAT. 1180

PUBLIC LAW 94-387—AUG. 14, 1976 RAILROAD REHABILITATION FINANCING

6

Ante, pp. 67, 71-74, 76.

Ante, p. 79.

Ante, p. 76.

AND IMPROVEMENT FUNDS

The Secretary of Transportation is hereby authorized to expend proceeds from the sale of Fund anticipation notes to the Secretary of the Treasury and any other monies deposited in the Railroad Rehabilitation and Improvement Fund pursuant to sections 502, 505-507 and 509 of the Railroad Revitalization and Regulatory Reform Act of 1976 (Public Law 94r-210) for the uses authorized for the Fund, in amounts not to exceed $70,000,000, to remain available until September 30, 1978. The Secretary of Transportation is also authorized to issue to the Secretary of the Treasury notes or other obligations pursuant to section 512 of the Railroad Revitalization and Regulatory Reform Act of 1976 (Public Law 94-210) in such amounts and at such time as may be necessary to pay any amounts required pursuant to the guarantee not to exceed $400,000,000 principal amount of obligations under sections 511 through 513 of such act, such authority to exist as long as any such guaranteed obligation is outstanding: Provided, That the aggregate principal amount of guarantees and commitments to guarantee obligations under section 511 of Public Law 94-210 shall not exceed $400,000,000. URBAN MASS TRANSPORTATION ADMINISTRATION URBAN MASS TRANSPORTATION ADMINISTRATIVE

FUND

EXPENSES

For necessary administrative expenses of the urban mass transportation program authorized by the Urban Mass Transportation Act of 1964 (49 U.S.C. 1601 et seq., as amended by Public Law 91-453 and Public Law 93-503); the Federal-Aid Highway Act of 1973 (Public 49 USC 1601b note. Law 93-87) and the Federal-Aid Highway Act of 1976 (Public Law 23 USC 101 note. 94—280) in connection with the activities, including uniforms and Ante, p. 425. allowances therefor, as authorized by law (5 U.S.C. 5901-5902); hire 23 USC 101 note. of passenger motor vehicle; and services as authorized by 5 U.S.C. 3109; $12,600,000. RESEARCH, DEVELOPMENT, AND DEMONSTRATIONS AND UNIVERSITY RESEARCH AND TRAINING

For an additional amount for the urban mass transportation program, as authorized by the Urban Mass Transportation Act of 1964, as amended (49 U.S.C. 1601 et seq.), to remain available until expended; $61,200,000: Provided, That $58,700,000 shall be available for research, development, and demonstrations, $2,000,000 shall be available for university research and training, not to exceed $500,000 shall be available for managerial training as authorized under the authority of the said Act. LIQUIDATION OF CONTRACT AUTHORIZATION

49 USC 1601b QOte.

For payment to the urban mass transportation fund, for liquidation of contractual obligations incurred under authority of the Urban Mass Transportation Act of 1964 (49 U.S.C. 1601 et seq., as amended by Public Law 91-453 and Public Law 93-503) and section 142(c) of title 23, U.S.C. and of obligations incurred for projects substituted for Interstate System segments withdrawn prior to enactment of the Fed-

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1231

 PUBLIC LAW 94-387—AUG. 14, 1976

90 STAT. 1181

eral-Aid Highway Act of 1976; $1,700,000,000, to remain available Ante, p. 425. until expended: Provided, That none of these funds shall be made available for the establishment of depreciation reserves or reserves for ^ replacement accounts: Provided further, That amounts for highway projects substituted for Interstate System segments shall be transferred to the Federal Highway Administration. RAIL SERVICE OPERATING

PAYMENTS

For an additional payment to the Urban Mass Transportation Fund there is hereby appropriated to remain available until expended, for the purposes of the Urban Mass Transportation Act of 1964, as amended by Public Law 94-210, $55,000,000. 49 USC 1601 PROJECTS SUBSTITUTED FOR INTERSTATE SYSTEM PROJECTS

note. ^"^^' P-

^^'

For necessary expenses to carry out the provisions of title 23, U.S.C. 103(e)(4), to remain available until expended, $400,000,000 for the Washington Metropolitan Area Transit Authority: Provided, That amounts for highway projects substituted for Interstate System segments shall be transferred to the Federal Highway Administration. SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION The Saint Lawrence Seaway Development Corporation is hereby authorized to make such expenditures, within the limits of funds and borrowing authority available to such Corporation, and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as amended, as may be necessary in 31 USC 849. carrying out the programs set forth in the budget for the current fiscal year for such Corporation except as hereinafter provided. LIMITATION ON ADMINISTRATIVE EXPENSES, SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION

Not to exceed $982,000 shall be available for administrative expenses which shall be computed on an accrual basis, including not to exceed $3,000 for official entertainment expenses to be expended upon the approval or authority of the Secretary of Transportation: Provided, That Corporation funds shall be available for the hire of passenger motor vehicles and aircraft, operation and maintenance of aircraft, uniforms or allowances therefor for operation and maintenance personnel, as authorized by law (5 U.S.C. 5901-5902), and $15,000 for services as authorized by 5 U.S.C. 3109.

,

TITLE II RELATED AGENCIES NATIONAL TRANSPORTATION S A F E T Y BOARD SALARIES AND EXPENSES

For necessary expenses of the National Transportation Safety Board, including hire of passenger motor vehicles and aircraft; services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem rate equivalent to the rate for a GS-18; uni- 5 USC 5332 note.

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