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91 STAT. 151

of a new employee credit carryback, to an investment credit carryback or a work incentive program carryback)". (B)

TENTATIVE

CARRYBACK

ADJUSTMENT

ASSESSMENT

PERIOD.—Section 6501(m) (relating to tentative carryback adjustment assessment period) is amended— (i) by striking out "or a work incentive program carryback" and inserting in lieu thereof "a work incentive program carryback, or a new employee credit carryback", and (ii) by striking out " (j), or (o) " each place it appears and inserting in lieu thereof " (j), (o), or (p) ". (6) DESIGNATION OF INCOME TAX PAYMENT.—Section 6096(b)

26 USC 6501.

26 USC 6096.

(relating to designation of income tax payments to Presidential Election Campaign F u n d) is amended by striking out "and 44A" and inserting in lieu thereof "44A, and 44B". Ante, p. 141. (e) EFFECTIVE DATE.—The amendments made by this section shall 26 USC 44B apply to taxable years beginning after December 31, 1976, and to °<'*®credit carrybacks from such years.

TITLE III—PROVISIONS RELATING TO EFFECTIVE DATES AND OTHER PROVISIONS OF THE TAX REFORM ACT OF 1976 SEC. 301. EFFECTIVE DATE OF CHANGES IN THE EXCLUSION FOR SICK PAY. (a) IN GENERAL.—Section 505 of the T a x Reform Act of 1976 26 USC 105note. (relating to changes in exclusions for sick p a y and certain military, etc., disability pensions; certain disability income) is amended by adding at the end thereof the following new subsection: " (f) EFFECTIVE D A T E FOR SUBSECTION (a). — The amendment m a d e

by subsection (a) shall apply to taxable years beginning December 31, 1976.".

after

(b) CONFORMING AMENDMENTS. —

(1) Paragraph (1) of section 505(c) of such Act is amended by striking out "1976" and inserting in lieu thereof "1977". (2) Paragraph (3) of such section 505(c) is amended by inserting "or January 1, 1977," after " January 1, 1976,". (3) Paragraph (1) of section 505 ^d) of such Act is amended by striking out "1976" and inserting m lieu thereof "1977". (4) Paragraph (2) of such section 505(d) is amended by inserting " o r December 31, 1976," after "December 31, 1975,"*. (5) Subsection (d) of section 505 of such Act is amended by striking out "this subsection" and inserting in lieu thereof "such section 1 0 5 (d) ". (c) REVOCATION OF ELECTION.—Any election made under section 1 0 5 (d)(7) of the I n t e r n a l Revenue Code of 1954 or under section 505(d) of the T a x Reform Act of 1976 for a taxable year beginning in 1976 may be revoked (in such manner as may be prescribed by regulations) at any time before the expiration of the period for assessi n g a deficiency with respect to such taxable year (determined without regard to subsection (d) of this section).

26 USC 105 note. .'

.

26 USC 105 note. 26 USC 105. 26 USC 105 note, '; ••, i,

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 91 STAT. 152 26 USC 105 note.

PUBLIC LAW 95-30—MAY 23, 1977 (d) PERIOD FOR ASSESSING D E F I C I E X C Y. — I n the case of any revoca-

tion made under subsection (c), the period for assessing a deficiency with respect to any taxable year affected by the revocation shall not expire before the date which is 1 year after the date of the making of the revocation, and, notwithstanding any law or rule of law, such deficiency, to the extent attributable to such revocation, may be assessed at any time during such 1-year period. 26 USC 105 note. (e) EFFECTIVE D A T E. — The amendments made by this section shall take effect on October 4, 1976, but shall not apply— (1) with respect to any taxpayer who makes or has made an election under section 1 0 5 (d)(7) of the I n t e r n a l Revenue Code 26 USC 105. of 1954 or under section 505(d) of the T a x Reform Act of 1976 26 USC 105 note. (as such sections were in effect before the enactment of this Act) for a taxable year beginning in 1976, if such election is not revoked under subsection (c) of this section, and (2) with respect to any taxpayer (other than a taxpayer described in paragraph (1)) who has an annuity s t a r t i n g date at the beginning of a taxable year beginning in 1976 by reason of the amendments made by section 505 of the T a x Reform Act of 1976 (as in effect before the enactment of this Act), unless such person elects (in such manner as the Secretary of the Treasury or his delegate may by regulations prescribe) to have such amendments apply. SEC. 302. CHANGES IN TREATMENT OF INCOME EARNED ABROAD BY UNITED STATES CITIZENS LIVING OR RESIDING ABROAD. 26 USC 911 note. Subsection (d) of section 1011 of the T a x Reform Act of 1976 is amended by striking out "December 31, 1975" and inserting in lieu thereof "December 31, 1976". . SEC. 303. UNDERPAYMENTS OF ESTIMATED TAX. 26 USC 6654 No addition to the tax shall be made under section 6654 or 6655 of note. the I n t e r n a l Revenue Code of 1954 (relating to failure to p a y esti26 USC 6654, mated income tax) for any period before April 16, 1977 (March 16, 6655. 1977, in the case of a taxpayer subject to section 6655), with respect to any underpayment, to the extent that such underpayment was created or increased by any provision of the T a x Reform Act of 1976. SEC. 304. UNDERWITHHOLDING. 26 USC 3402 No person shall be liable in respect of any failure to deduct and note. withhold under section 3402 of the I n t e r n a l Revenue Code of 1954 26 USC 3402. (relating to income tax collected at source) on remuneration paid before January 1, 1977, to the extent that the d u t y to deduct and withhold was created or increased by any provision of the T a x Reform Act 26 USC 1 note. of 1976. SEC. 305. INTEREST ON UNDERPAYMENTS OF TAX. 26 USC 6601 No interest shall be payable for any period before April 16, 1977 note. (March 16, 1977, in the case of a corporation), on any underpayment of a tax imposed by the I n t e r n a l Revenue Code of 1954, to the extent 26 USC 1. that such underpayment was created or increased by any provision of the T a x Reform Act of 1976. SEC. 306. USE OF RESIDENCE AS DAY CARE FACILITY. 26 USC 280A. (a) I x GENERAL.—Subsection (c) of section 280A (relating to exceptions for certain business or rental use; limitation on deductions for such use) is amended by redesignating paragraph (4) as paragraph (5) and by inserting after paragraph (3) the following new paragraph:

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" (4) U S E I N PROVIDING DAY CAKE SERVICES.

" (A) IN GENERAL.—Subsection (a) shall not apply to any item to the extent that such item is allocable to the use of any portion of the dwelling unit on a regular basis in the taxpayer's trade or business of providing day care for children, for individuals who have attained age 65, or for individuals who are physically or mentally incaj^able of caring for themselves. " (B) LICENSING, ETC., Ki:QumEMENT.—Subparagraph (A)

shall apply to items accruing for a period only if the owner or operator of the trade or business referred to in subparagraph " (i) has applied for (and such application has not been rejected), " (ii) has been granted (and such g r a n t i n g has not been revoked), or " ( i i i) is exempt from having, a license, cel-tification, registration, or approval as a day care center or as a family or group day care home under the provisions of any applicable State law. This subparagraph shall apply only to items accruing in periods beginning on or after the first day of the first month which begins more than 90 days after the date of the enactment of the T a x Keduction and Simplification Act of 1977. " (C) ALLOCATION FORMULA.-—If a portion of the taxpayer's

dwelling unit used for the purposes described in subpara,:. g r a p h (A) is not used exclusively for those purposes, the amount of the expenses attributable to that portion shall not exceed an amount which bears the same ratio to the total amount of the items allocable to such portion as the number of hours the portion is used for such purposes bears to the number of hours the portion is available for use." (b) CONFORMING AMENDMENT. — Paragraph (5) of section 280A(c) of such Code (as redesignated by subsection (a)) is amended by striking out " paragraph (1) or (2) " and inserting in lieu thereof "paragraph (1), (2),or (4)". (c) EFFECTIVE D A T E. — The amendments made by this section shall apply to taxable years beginning after December 31, 1975. SEC. 307. STATE LEGISLATORS' TRAVEL EXPENSES AWAY FROM HOME. Subsections (a) and (d) of section 604 of the T a x Reform Act of 1976 are each amended by striking out " January 1, 1976," and inserting in lieu thereof " January 1, 1977,". Subsection (c) of such section is amended by inserting "beginning before January 1, 1976," after "any taxable year". SEC. 308. TREATMENT OF INTANGIBLE DRILLING COSTS FOR PURPOSES OF THE MINIMUM TAX. (a) IN GENERAL. — Paragraph (11) of section 57(a) (relating to minimum tax) is amended to I'ead as follows:

26 USC 280A. 26 USC 280A note.

26 USC 162 note.

26 USC 57.

" ( 1 1) INTANGIBLE DRILLING COSTS.—

V

" (A) IN GENERAL.—With respect to all oil and gas properties of the taxpayer, the amount (if any) by which the amount of the excess intangible drilling costs arising in the taxable year is greater than the amount of the not income of the taxpayer from oil and gas propeities for the taxable year.

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 91 STAT. 154

PUBLIC LAW 95-30—MAY 23, 1977 " (B) EXCESS INTAXGIBLE DRILLING COSTS.—For purposes of

subparagraph (A), the amount of the excess intangible drilling costs arising in the taxable year is the excess of— " (i) the intangible drilling and development costs described in section 263(c) paid or incurred in connection with oil and gas wells (other than costs incurred in drilling a nonproductive well) allowable under this chapter for the taxable year, over " ( i i) the amount which would have been allowable for the taxable year if such costs h a d been capitalized and straight line recovery of intangibles (as defined in subsection (d)) had been used with respect to such costs. '

"(C)

N E T INCOME FROM OIL AND GAS PROPERITIES.—For

purposes of subparagraph (A), the amount of the net income of the taxpayer from oil and gas properties for the taxable year is the excess of— " (i) the aggregate amount of gross income (within the meaning of section 13(a)) from all oil and gas properties of the taxpayer received or accrued by the taxpayer during the taxable year, over " ( i i j the amount of any deductions allocable to such properties reduced by the excess described in subparagraph (B) for such taxable year." 26 USC 57 note. (b) P^FFECTIVE DATE.—The amendment made by subsection (a) shall apply with respect to taxable years beginning after December 31, 1976, and before January 1, 1978. SEC. 309. TRANSFERS OF PARTIAL INTERESTS IN PROPERTY FOR CONSERVATION PURPOSES. 26 USC 170. (a) IN GENERAL.—Clause (iii) of section 1 7 0 (f)(3)(B) (relating to exceptions from denial of deduction in case of certain contributions of partial interests in property) is amended to read as follows: " ( i i i) a lease on, option to purchase, or easement with ,,,,:; J respect to real property granted in perpetuity to an organization described in subsection (b)(1)(A) exclusively for conservation purposes, or", (b) EFFECTIVE D A T E S. —

26 USC 170note.

26 USC 170 note.

(1) The amendment made by subsection (a) shall apply with respect to contributions or transfers made after June 13, 1977, and before June 14, 1981. (2) Paragraph (4) of section 2124(e) of the T a x Keform Act of 1976 is amended by striking out " June 14, 1977" and inserting in lieu thereof " June i4, 1981".

TITLE IV—MISCELLANEOUS PROVISIONS SEC. 401. AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR THE WORK INCENTIVE PROGRAM. 42 USC 602 note.

42 USC 601. 42 USC 602, 603, 635.

(a)

M A T C H I N G F U N D S DISREGARDED.—The Secretary

of

Health,

Education, and Welfare and the Secretary of Labor are authorized to carry out the work incentive program under title IV of the Social Security Act from the sums appropriated pursuant to this Act without regard to the requirements for non-Federal matching funds contained in sections 402(a) (19)(C), 402(a) (19)(G), 4 0 3 (a)(3)(A), 403 (d), and 435 of the Social Security Act.

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 PUBLIC LAW 95-30—MAY 23, 1977 (b) AUTHORIZATION.—There are authorized to be appropriated to carry out the work incentive program under title IV of the Social Security Act, as modified by this Act (in addition to any sums otherwise appropriated pursuant to title IV of such Act), $435,000,000 for fiscal year 1978 and $435,000,000 for fiscal year 1979. SEC. 402. RAPID AMORTIZATION OF CHILD CARE FACILITIES.

91 STAT. 155

42 USC 601.

(a) R A P I D AMORTIZATION OF C H I L D CARE F A C I L I T I E S, —

(1) Subsection (c) of section 188 (relating to application of 26 USC 188. section 188) is amended by striking out " January 1, 1977" and inserting in lieu thereof " January 1, 1982". (2) Subsection (b) of section i88 (relating to definition of section 188 property) is amended by striking out "as a facility for on-the-job training of employees (or prospective employees) of the taxpayer, or". (8) The caption of section 188 is amended by striking out "ONTHE-JOB TRAINING AND''. (4) The table of sections for part VI of subchapter B of chapter 1 is amended by striking out the item relating to section 188 and inserting in lieu thereof the following new item: "Sec. 188. Amortization of certain expenditures for child care facilities." (5) The caption of paragraph (10) of section 57(a) (relating 26 USC 57. to items of tax preference) is amended by striking out "ON-THEJOB TRAINING AND".

(b) EFFECTIVE DATE.—The amendments made by subsection (a) shall apply with respect to expenditures made after December 31, 1976. SEC. 403. ELECTION OF FORMER RETIREMENT INCOME CREDIT PROVISIONS FOR 1976. A taxpayer may elect (at such time and in such manner as the Secretary of the Treasury or his delegate shall prescribe) to determine the amount of his credit under section 37 of the Internal Revenue Code of 1954 for his first taxable year beginning in 1976 under the provisions of such section as they existed before the amendment made by section 503 of the T a x Reform Act of 1976. SEC. 404. POSTPONEMENT OF EFFECTIVE DATE OF CHANGES MADE BY THE TAX REFORM ACT OF 1976 IN THE METHOD OF ACCOUNTING FOR CERTAIN CORPORATIONS ENGAGED IN FARMING. Section 2 0 7 (c)(2) of the T a x Reform Act of 1976 is amended to read as follows: "(2)

26 USC 188 note.

26 USC 37 note. 26 USC 37. 26 USC 37.

26 USC 447 note,

EFFECTIVE DATES.—

" (A) IN GENERAL.—Except as provided in subparagraph (B), the amendments made by paragraph (1) shall apply to taxable years beginning after December 31, 1976. I i PI

"(B)

SPECIAL RULE FOR CERTAIN CORPORATIONS.—In the case

of a corporation engaged in the trade or business of farming and with respect to which— " (i) members of two families (within the meaning of paragraph (1) of section 447(d) of the I n t e r n a l Revenue Code of 1954, as added by paragraph (1)) owned, on October 4, 1976 (directly or through the application of such section 447(d)), at least 65 percent of the total combined voting power of all classes of stock of such corpo-

V

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 91 STAT. 156

26 USC 3402.

PUBLIC LAW 95-30—MAY 23, 1977 ration entitled to vote, and at least 65 percent of the total number of shares of all other classes of stock of such "• ' corporation; or " ( i i) members of three families (within the meaning of paragraph (1) of such section 4 4 7 (d)) owned, on -r October 4, 1976 (directly or through the application of such section 4 4 7 (d)), at least 50 percent of the total combined voting power of all classes of stock of such corporation entitled to vote, and at least 50 percent of the total number of shares of all other classes of stock of such corporation; and substantially all of the stock of such corporation which was not so owned (directly or through the application of such section 447(d)), by members of such three families was owned, on October 4, 1976, directly— " (I) by employees of the corporation or members of the families (within the meaning of section 267 (c)(4) of such Code) of such employees, or " ( II) by a trust for the benefit of the employees of such corporation which is described in section 401 (a) of such Code and which is exempt from taxation ' • under section 501(a) of such Code, ,, the amendments made by paragraph (1) shall apply to taxable years beginning after December 31, 1977.". SEC. 405. WITHHOLDING TAX ON CERTAIN GAMBLING WINNINGS. (a) IN GENERAL.—Subparagraph (C) of section 8402(q)(3) of the I n t e r n a l Revenue Code of 1954 (relating to sweepstakes, wagering pools, and other lotteries) is amended to read as follows: "(C)

,..

SWEEPSTAKES, WAGERING POOLS, CERTAIN PARIMUTUEL

POOLS, jAi ALAi, AND LOTTERIES.—Procceds of morc than $1,000 from— " (i) a wager placed in a sweepstakes, wagering pool, or lottery (other than a wager described in subparagraph

" ( i i) a wagering transaction in a parimutuel pool with respect to horse races, dog races, or jai alai if the amount of such proceeds is at least 300 times as large as the amount wagered.". 26 USC 3402 (b) EFFECTIVE D A T E. — The amendments made by this section apply note. to payments made after April 30, 1977. SEC. 406. TERMINATION OF 1975 SPECIAL PAYMENTS TO CERTAIN INDIVIDUALS. 42 USC 402 note. Notwithstanding the provisions of section 702(a) of the T a x Reduc42 USC 402 note. tion Act of 1975, no payment shall, after the date of the enactment of this Act, be made under that section. SEC. 407. PAYMENTS TO THE GOVERNMENTS OF AMERICAN SAMOA, GUAM, AND THE VIRGIN ISLANDS. 26 USC 7651 (a) The Secretary of the Treasury is authorized to make separate note. payments to the government of American Samoa, the government of Guam, and the government of the Virgin Islands. The payment to the government of a particular possession shall be in an amount equal to the loss to that possession with respect to tax returns for the first taxable year beginning after December 31, 1976, by reason of sections eertification. 101 and 102 of this Act. Such amount shall be determined by the

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 PUBLIC LAW 95-30—MAY 23, 1977 Secretary of the Treasury upon certification to the Secretary by the United States Government Comptrollers for Guam and the V i r g i n Islands. (b) There are hereby authorized to be appropriated, out of any funds in the Treasury not otherwise appropriated, such sums as may be necessary to carry out the provisions of this section. SEC. 408. WITHHOLDING OF COUNTY INCOME TAX ON FEDERAL EMPLOYEES. (a) IN GENERAL.—Section 5520 of title 5, United State Code, is amended— (1) by inserting "or county" after "city" in the heading of such section; (2) by inserting "or county" after "city" each place it appears in subsections (a) and (b) (other than in subsection (a)(1)); (8) by striking out "the city" in subsection (a)(1) and inserting in lieu thereof "a designated city or county officer, department, or instrumentality"; (4) by striking out " and " at the end of subsection (c)(1); (5) by redesignating paragraph (2) of subsection (c) as (4), and by inserting after paragraph (1) of such subsection the following new paragraph s: " (2) 'county' means any unit of local general government which is classified as a county by the Bureau of the Census and within the political boundaries of which 500 or more persons are regularly employed by all agencies of the Federal Government; " (3) 'ordinance' means an ordinance, order, resolution, or similar instrument which is duly adopted and approved by a city or county in accordance with the constitution and statutes of the State in which it is located and which has the force of law within such city or county; and". (b) CONFORMING AMENDMENT.—The table of contents of subchapter II of chapter 55 of title 5, United States Code, is amended by inserting "or county" after "city" in the item relating to section 5520. (c) EFFECTIVE D A T E. — The amendments made by this section shall take effect on the date of the enactment of this Act.

91 STAT. 157

Appropriation authorization.

Definitions

5 USC 5520 note.

TITLE V—CERTAIN SOCIAL SECURITY ACT AMENDMENTS SEC. 501. CLARIFICATION OF GARNISHMENT PROVISIONS. (a) IN GENERAL.—Section 459 of the Social Security Act is amended— (1) by striking out "(including any agency or instrumentality thereof and any wholly owned Federal Corporation) " and inserting in lieu thereof "or the District of Columbia (including any agency, subdivision, or instrumentality the r e o f) "; and (2) by inserting "or the District of Columbia" immediately after "United States" where it appears the second time. (b) SERVICE OF PROCESS.—Section 459 of such Act is further amended— (1) by inserting " (a) " immediately after " SEC. 459.", and (2) by adding at the end thereof the following new subsections: " (b) Service of legal process brought for the enforcement of an individual's obligation to provide child support or make alimony

42 USC 659.

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 91 STAT. 158

Infra.

Notice. .,

at

PUBLIC LAW 95-30—MAY 23, 1977 payments shall be accomplished by certified or registered mail, return receipt requested, or by personal service, upon the appropriate agent designated for receipt of such service of process pursuant to regulations promulgated pursuant to section 461 (or, if no agent has been designated for the governmental entity having payment responsibility for the moneys involved, then upon the head of such governmental entity). Such process shall be accompanied by sufficient data to permit prompt identification of the individual and the moneys involved. "(c) No Federal employee whose duties include responding to interrogatories pursuant to requirements imposed by section 461(b)(3) shall be subject under any law to any disciplinary action or civil or criminal liability or penalty for, or on account of, any disclosure of information made by him in connection with the carrying out of any of his duties which pertain (directly or indirectly) to the answering of any such interrogatory. "(d) Whenever any person, who is designated by law or regulation to accept service of process to which the United States is subject under this section, is effectively served with any such process or with interrogatories relating to an individual's child support or alimony payment obligations, such person shall respond thereto within thirty days (or within such longer period as may be prescribed by applicable State law) after the date effective service thereof is made, and shall, as soon as possible but not later than fifteen days after the date effective service is so made of any such process, send written notice that such process has been so served (together with a copy thereof) to the individual whose moneys are affected thereby at his duty station or last-known home address. " (e) Governmental entities affected by legal processes served for the enforcement of an individual's child support or alimony payment obligations shall not be required to vary their normal pay and disbursement cycles in order to comply with any such legal process. "(f) Neither the United States, any disbursing officer, nor governmental entity shall be liable with respect to any payment made from moneys due or payable from the United States to any individual pursuant to legal process regular on its face, if such payment is made in accordance with this section and the regulations issued to carry out this section.". (c) REGULATIONS.—Part D of title IV of such Act is further amended by adding at the end thereof the following new section: «REGULATIONS

42 USC 661. Ante, p. 157.

PERTAINING TO GARNISHMENTS

"SEC. 461. (a) Authority to promulgate regulations for the implementation of the provisions of section 459 shall, insofar as the provisions of such section are applicable to moneys due from (or payable by). . . "(1) the executive branch of the Government (mcluding m such branch, for the purposes of this subsection, the territories and possessions of the United States, the United States Postal Service, the Postal Rate Commission, any wholly owned Federal corporation created by an Act of Congress, and the government of the District of Columbia), be vested in the President (or his designee), "(2) the legislative branch of the Government, be vested jointly in the President pro tempore of the Senate and the Speaker of the House of Representatives (or their designees), and

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91 STAT. 159

" (3) the judicial branch of the Government, be vested in the Chief Justice of the United States (or his designee). " (b) Regulations promulgated pursuant to this section shall— " (1) in the case of those promulgated by the executive branch of the Government, include a requirement that the head of each agency thereof shall cause to be published, in the appendix of the regulations so promulgated, (A) his designation of an agent or agents to accept service of process, identified by title of position, mailing address, and telephone number, and (B) an indication of the data reasonably required in order for the agency promptly to identify the individual with respect to whose moneys the legal process is brought, j: " (2) in the case of regulations promulgated for the legislative and judicial branches of the Government set forth, in the appendix to the regulations so promulgated, (A) the name, position, address, and telephone number of the agent or agents who have been designated for service of process, and (B) an indication of the data reasonably required in order for such entity promptly to identify the individual with respect to whose moneys the legal process is brought, and " (3) provide that (A) in the case of regulations promulgated by the executive branch of the Government, each head of a governmental entity (or his designee) shall respond to relevant interrogatories, if authorized by the law of the State in which legal process will issue, prior to formal issuance of such process, upon a showing of the applicant's entitlement to child support -t or alimony payments, and (B) in the case of regulations promulgated for the legislative and judicial branches of the Government, the person or persons designated as agents for service of process in accordance with paragraph (2) shall respond to relevant interrogatories if authorized by the law of the State in which legal process will issue, prior to formal issuance of legal process, upon a showing of the applicant's entitlement to child support or alimony payments. " (c) I n the event that a governmental entity, which is authorized under this section or regulations issued to carry out this section to accept service of process, pursuant to the provisions of subsection (a), is served with more than one legal process with respect to the same moneys due or payable to any individual, then such moneys shall be available to satisfy such processes on a first-come, first-served basis, with any such process being satisfied out of such moneys as remain after the satisfaction of all such processes which have been previously served.". (d) DEFINITIONS. — Part D of title IV of such Act is further amended by a d d i n g after section 461 (as added by subsection (c) of this section) the following new section: "DEFINITIONS

" SEC. 462. For purposes of section 459— 42 USC 662. " (a) The term 'United States' means the Federal Government of 42 USC 659. the United States, consisting of the legislative branch, the judicial branch, and the executive branch thereof, and each and every department, agency, or instrumentality of any such branch, including the United States Postal Service, the Postal R a t e Commission, any wholly - j »*:. s. owned Federal corporation created by an Act of Congress, any office,

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 91 STAT. 160

\

•

'

42 USC 428.

,

PUBLIC LAW 95-30—MAY 23, 1977 commission, bureau, or other administrative subdivision or creature thereof, and the governments of the territories and possessions of the United States. ".(b) The term 'child support', when used in reference to the legal obligations of an individual to provide such support, means periodic payments of funds for the support and maintenance of a child or children with respect to which such individual has such an obligation, and (subject to and in accordance with State law) includes but is not limited to, payments to provide for health care, education, recreation, clothing, or to meet other specific needs of such a child or children; such term also includes attorney's fees, interest, and court costs, when and to the extent that the same are expressly made recoverable as such pursuant to a decree, order, or judgment issued in accordance with applicable State law by a court of competent jurisdiction. " (c) The term 'alimony', when used in reference to the legal obligations of an individual to provide the same, means periodic payments of funds for the support and maintenance of the spouse (or former spouse) of such individual, and (subject to and in accordance with State law) includes but is not limited to, separate maintenance, alimony pendente lite, maintenance, and spousal s u p p o r t; such term also includes attorney's fees, interest, and court costs when and to the extent that the same are expressly made recoverable as such pursuant to a decree, order, or judgment issued in accordance with applicable State law by a court of competent jurisdiction. Such term does not include any payment or transfer of property or its value by an individual to his spouse or former spouse in compliance with any community property settlement, equitable distribution of property, or other division of property between spouses or former spouses. " (d) The term 'private person' means a person who does not have sovereign or other special immunity or privilege which causes such person not to be subject to legal process. " (e) The term 'legal process' means any writ, order, summons, or other similar process in the n a t u r e of garnishment, which— " (1) is issued by (A) a court of competent jurisdiction within • any State, territory, or possession of the United States, (B) a court of competent jurisdiction in any foreign country with which the United States has entered into an agreement which requires the United States to honor such process, or (C) an authorized official pursuant to an order of such a court of competent jurisdiction or pursuant to State or local law, and " (2) is directed to, and the purpose of which is to compel, a governmental entity, which holds moneys which are otherwise payable to an individual, to make a payment from such moneys to another party in order to satisfy a legal obligation of such individual to provide child support or make alimony payments. " (f) Entitlement of an individual to any money shall be deemed to be 'based upon remuneration for- employment', if such money consists of— " (1) compensation paid or payable for personal services of such individual, whether such compensr.tion is denominated as wages, salary, commission, bonus, pay, or otherwise, and includes but is not limited to, severance pav, sick pay. r n d incentive pay, but does not include awards for making suggestions, or " (2) periodic benefits (including a periodic benefit as defined in section 228(h)(3) of this Act) or other payments to such individual under the insurance system established by title II of this

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 PUBLIC LAW 95-30—MAY 23, 1977

91 STAT. 161

Act or any other system or fund established by the United States 42 USC 401. (as defined in subsection (a)) which provides for the payment of pensions, retirement oi- retired pay, annuities, dependents or survivors'benefits, or similar amounts payable on account of personal services performed by himself or any other individual (not including any payment as compensation for death under any Federal program, any payment under any Federal program established to provide 'black lung' benefits, any payment by the Veterans' Administration as pension, or any payments by the Veterans' Administration as compensation for a service-connected disability or death, except any compensation paid by the Veterans' Adminis, .. - ~ tration to a for-mer member of the Armed Forces who is in receipt of retired or retainer pay if such former member has waived a portion of his retired pay in order to receive such compensation), and does not consist of amounts paid, by way of reimbursement or otherwise, to such individual by his employer to defray expenses incurred by such individual in carrying out duties associated with his employment. " (g) I n determining the amount of any moneys due from, or payable by, the United States to any individual, there shall be excluded amounts which— " (1) are owed by such individual to the United States, •^' * *"'' ^-^ " (2) are required by law to be, and are, deducted from the remuneration or other payment involved, including but not limited ' to. Federal employment taxes, and fines and forfeitures ordered -' by court-martial, " (3) are properly withheld for Federal, State, or local income tax purposes, if the withholding of such amounts is authorized or required by law and if amounts withheld are not greater than ,,; would be the case if such individual claimed all dependents to, • j -;, •, which he was entitled (the withholding of additional amounts pursuant to section 3402(i) of the Internal Revenue Code of 1954 may be permitted only when such individual presents evidence of a tax obligation which supports the additional withholding), " (4) are deducted as health insurance premiums, " (5) are deducted as normal retirement contributions (not including amounts deducted for supplementary coverage), or " (6) are deducted as normal life insurance premiums from salary or other remuneration for employment (not including . . amounts deducted for supplementary coverage).", (e)

CONSUMER PROVISIONS.—

(1) Subsection (b) of section 303 of the Consumer Credit Protection Act (15 U.S.C. 1673(b)) is amended— (A) by inserting " (1) " immediately after " (b) ", (B) by redesignating clauses (1), (2), and (3) thereof as clauses (A), (B), and (C),respectively,and .. (C) by adding at the end thereof the following new paragraph: " (2) The maximum part of the aggregate disposable earnings of an individual for any workweek which is subject to garnishment to enforce any order for the support of any person shall not exceed— " (A) where such individual is supporting his spouse or depend. ent child (other than a spouse or child with respect to whose support such order is used), 50 per centum of such individual's disposable earnings for that week: and

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 91 STAT. 162

PUBLIC LAW 95-30—MAY 23, 1977

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" ( ^) where such individual is not supporting such a spouse or dependent child described in clause (A), 60 per centum of such individual's disposable earnings for that week; except that, with respect to the disposable earnings of any individual for any workweek, the 50 per centum specified in clause (A) shall be deemed to be 55 per centum and the 60 per centum specified in clause (B) shall be deemed to be 65 per centum, if and to the extent that such earnings are subject to garnishment to enforce a support order with respect to a period which is prior to the twelve-week period which ends with the beginning of such workweek.". (2) The provision of section 303(b) of the Consumer Credit 15 USC 1673. Protection Act which is redesignated under paragraph (1) as clause (A) is amended by striking out all that follows "any order" and inserting in lieu thereof the following: "for the support of any person issued by a court of competent jurisdiction or in accordance with an administrative procedure, which is established by State law, which affords substantial due process, and which is subject to judicial review.". (3) Section 303(c) of such Act is amended by inserting ", and no State (or officer or agency thereof)," immediately after "or any State". 15 USC 1675. (4) Section 305 of such Act is amended by inserting "and (b) (2) " immediately after "section 3 0 3 (a) " each place it appears therein. Effective date. (5) The amendments made by this subsection shall take effect 15 USC 1673 Q2^ i]^Q |^j.g|^ (jr^y of i[^Q fYgi calendar month which begins after the ^°^^date of enactment of this Act. SEC. 502. BONDING OF CERTAIN STATE OR LOCAL EMPLOYEES; HANDLING OF CASH RECEIPTS. 42 USC 654. (a) IN GENERAL.—Section 454 of the Social Security 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 a semicolon in lieu thereof, and (3) by adding at the end thereof the following new paragraph s: ' "(14) comply with such bonding requirements, for employees who receive, disburse, handle, or have access to, cash, as the Sec^ retary shall by regulations prescribe; and Regulations. "(!>) maintain methods of administration which are designed to assure that persons responsible for handling cash receipts shall not participate in accounting or operating functions which would  permit them to conceal in the accounting records the misuse of cash receipts (except that the Secretary shall by regulations provide for exceptions to this requirement in the case of sparsely popu'• lated areas where the h i r i n g of unreasonable additional staff would otherwise be necessary).". 42 USC 654note. (b) EFFECTIVE DATE.—The amendments made by this section shall take effect on the first day of the first calendar month which begins after the date of enactment of this Act. SEC. 503. INCENTIVE PAYMENTS TO STATES AND LOCALITIES. (a)

42 USC 658.

42 USC 657.

IN GENERAL.^—

(1) Section 458(a) of the Social Security Act is amended by striking out "parent—" and all that follows and inserting in lieu thereof "parent an amount equal to 15 per centum of any amount collected and required to be distributed as provided in section 457 to reduce or repay assistance payments.".

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 PUBLIC LAW 95-30—MAY 23, 1977

91 STAT. 163

(2) Section 458(b) of such Act is amended by striking out 42 USC 658. " paragraph s (1) and (2) of". (b) EFFECTIVE D A T E. — The amendments made by subsection (a) 42 USC 658 note. shall be applicable with respect to amounts collected on and after October 1, 1977. SEC. 504. ANNUAL REPORT OF THE SECRETARY. (a) REPORT.—Section 452(a) (10) of the Social Security Act is amended to read as follows: "(10) not later than three months after the end of each fiscal year, beginning with the year 1977, submit to the Congress a full and complete report on all activities undertaken pursuant to the provisions of this part, which report shall include, but not be limited to, the following: . " (A) total program costs and collections set forth in sufficient detail to show the cost to the States and the Federal Government, the distribution of collections to families, State and local governmental units, and the Federal Government; and an identification of the finandal impact of the provisions of this part; " (B) costs and staff associated with the Office of Child S u p p o r t Enforcement; " (C) the number of child support cases in each State during each quarter of the fiscal year last ending before the report is submitted and during each quarter of the preceding '* fiscal year (including the transitional period beginning July 1, 1976, and ending September 30, 1976, in the case of the first report to which this subparagraph applies), and the disposition of such cases; " (D) the status of all State plans under this part as of the ..f^.. end of the fiscal year last ending before the report is sub" IV * mitted, together with an explanation of any problems which are delaying or preventing approval of State plans under this part; .,, / " (E) data, by State, on the use of the Federal P a r e n t Locator Service, and the number of locate requests submitted without the absent parent's social security account number; " (F) the number of cases, by State, in which an applicant for or recipient of aid under a State plan approved under part A has refused to cooperate in identifying and locating the absent parent and the number of cases in which refusal so to cooperate is based on good cause (as determined in accordance with the standards referred to in section 402(a) ' ' (26)(B)(ii)); " (G) data, by State, on the use of Federal courts and on use of the Internal Revenue Service for collections, the number of court orders on which collections were made, the number of paternity determinations made and the number of parents located, in sufficient detail to show the cost and benefits to the States and to the Federal Government; and ^.,, " (H) the major problems encountered which have delayed or prevented implementation of the provisions of this part during the fiscal year last ending prior to the submission of such report.".

42 USC 652. Submittal to Congress, < gj

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42 USC 601.

42 USC 602.

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 91 STAT. 164 42 USC 652 note.

PUBLIC LAW 95-30—MAY 23, 1977 (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall be effective in the case of reports, submitted by the Secretary of Health, Education, and Welfare, after 1976.

Submittal to (c) SUPPLEMENTAL R E P O R T. — The Secretary of Health, Education, Congress. and Welfare shall submit to the Congress not later than June 30, 1977, 42 USC 652 note. a special supplemental report, with respect to activities undertaken pursuant to part T> of title IV of the Social Security Act during the 42 USC 651. fiscal year ending June 30, 1976, and during the transitional period beginning July 1, 1976, and ending September 30, 1976. Such report shall, with respect to such transitional period, contain all the data and information specified in clauses (A) through (H) of section 452(a) (10) of such Act (as amended by subsection (a) of this section), and 42 USC 652. with respect to the fiscal year ending June 30, 1976, contain all such data and information which was not included in the report made by such Secretary to the Congress on June 30, 1976, pursuant to section 452(a) (10) of such Act, as in effect on such date.

42 USC 603.

42 USC 657. Intergovernmental Antirecession Assistance Act of 1977. 42 USC 6721 note.

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SEC. 505. CERTAIN AFDC PAYMENTS. For purposes of determining the amount payable to the State of Georgia under section 403(a) of the Social Security Act on account of expenditures made by such State as aid to families with dependent children under its State plan approved under part A of title IV of such Act during calendar quarters, beginning after June 30, 1975, and prior to January 1, 1977, there shall be included as an offset against such expenditures amounts which—• (1) were collected as child support by the State pursuant to a plan approved under part D of such title IV, and (2) were retained by the State pursuant to, and in accordance with the provisions of, section 4 5 7 (a)(2) or section 4 5 7 (b)(1) of such Act.

TITLE VI—INTERGOVERNMENTAL ANTIRECESSION ASSISTANCE SEC. 601. This title may be cited as the "Intergovernmental A n t i recession Assistance Act of 1977". SEC. 602. (a) Subsection (b) of section 202 of the Public Works Employment Act of 1976 (42 U.S.C. 6722(b)) is amended to read as follows: " (b) AUTHORIZATION OF APPROPRIATIONS.—Subject to the provi-

sions of subsections (c) and (d) of this section, there a r e authorized to be appropriated for each of the five succeeding calendar quarters (beginning with the calendar quarter which begins on July 1, 1977) for the purpose of payments under this title— " (1) $125,000',000, plus " (2) $30,000,000 multiplied by the number of whole one-tenth percentage points by which the rate of seasonally adjusted national unemployment for the most recent calendar quarter which ended three months before the beginning of such quarter exceeded 6 per centum.", (b) Subsection (c) of section 202 of such Act is amended to read as follows:

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 PUBLIC LAW 95-30—MAY 23, 1977 "(c) LIMITATION ON AUTHORIZATION.—In no case shall the aggregate amount authorized to be appropriated under the provisions of subsection (b) of this section for the five successive calendar quarters beginning with the calendar quarter which begins July 1, 1977, exceed $2 250 000 000 " SEC' 603. (a) 'Section 203(b)(3)(D) of the Public Works Employment Act of 1976 (42 U.S.C. 6723(b)(3)(D)) is amended by striking out "for the one-year period beginning on July 1, 1975" and inserting in lieu thereof "for the most recently completed entitlement period, as defined under section 141(b) of such Act". (b) Section 203(c)(1) of such Act is amended by striking out "paragraphs (3) and (5)" and inserting in lieu thereof "paragraph (4)". (c) Section 203(c) of such Act is amended by striking out paragraph (3) and redesignating paragraphs (4) and (5) as paragraphs (3) and (4). (d) Section 203(c)(3)(B) of such Act is amended by— (1) inserting "or assigned" after the word "determined"; and I (2) striking out the parenthetical phrase and inserting in lieu thereof the following: "(in the case of a local government for which the Secretary i of Labor cannot determine a local unemployment rate, he shall assign such local government the local unemployment rate of the smallest unit or subunit of local government for which he has determined a local unemployment rate and within the jurisdiction of which such local government is located, unless— "(i) the Governor of the State in which such local government is located has provided the Secretary of Labor with a local unemployment rate for such local government, and "(ii) the Secretary of Labor finds that such local unemployment rate provided by the Governor has been determined in a manner consistent with the procedures and methodologies used by the Secretary of Labor in determining local unemployment rates, in which case the Secretary of Labor shall assign such local government the local unemployment rate provided by such r • Governor)". . (e) Section 203(c)(3)(C) of such Act is amended by— (1) striking out "for the one-year period beginning on July 1, 1975" and inserting in lieu thereof "for the most recently comH pleted entitlement period, as defined under section 141(b) of such Act"; and (2) striking out the parenthetical phrase. (f) Section 203(c)(3) of such Act is amended by striking out subparagraph (D) and redesignating subparagraph (E) as subparagraph (D). (g) Section 203(c)(3)(D)(i) of such Act is amended by striking out "Social and Economic Statistics Administration" and inserting in lieu thereof "Bureau of the Census".

91 STAT. 165

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 91 STAT. 166 Determinations.

42 USC 6723.

Repeal. 42 USC 6726.

42 USC 6727.

PUBLIC LAW 95-30—MAY 23, 1977 (h) Section 203(c)(3) of such Act is amended by striking out " For the purpose of paragraph (4)(D), the Secretary of Labor shall, notwithstanding any of the provisions of law, continue to make determinations with respect to the rate of unemployment for the purposes of such title VI. ". (i) Section 206 of such Act is repealed. SEC. 604. Section 204 of the Public W o r k s Employment Act of 1976 (42 U.S.C. 6724) is amended by striking out " and for construction unless such supplies and materials or construction are to maintain basic services" and inserting in lieu thereof "or for construction, except for normal supplies or repairs necesary to maintain basic services". SEC. 605. Section 207 of the Public W o r k s Employment Act of 1976 (42 U.S.C. 6727) is amended to read as follows: "NONDISCRIMINATION

42 USC 6101 note.

29 USC 794. 42 USC 2000a note. 42 USC 3601.

" SEC. 207. (a)(1) IN GENERAL.—No person in the United States shall, on the ground of race, color, national origin, or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity of a State government or unit of local government, which government or unit receives funds made available under this title. Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 or with respect to an otherwise qualified handicapped individual as provided in section 504 of the Rehabilitation Act of 1973 shall also apply to any such program or activity. Any prohibition against discrimination on the basis of religion, or any exemption, from such prohibition, as provided in the Civil Rights Act of 1964 or title VIII of the Act of April 11, 1968, commonly referred to as Civil Rights Act of 1968, shall also apply to any such program or activity. " (2) EXCEPTIONS.—

" (A) F U N D I N G. — The provisions of paragraph (1) of this subsection shall not apply where any State government or unit of local government demonstrates, by clear and convincing evidence, that the program or activity with respect to which the allegation Uv of discrimination has been made is not funded in whole or in part . J) with funds made available under this title. "(B)

CONSTRUCTION PROJECTS I N PROGRESS.—The provisions of

paragraph (1), relating to discrimination on the basis of handicapped status, shall not apply with respect to construction projects commenced prior to January 1, 1977. "(b)

31 USC 1242, 1244, 1245.

ENFORCEMENT AND R E M E D I E S. — The provisions of subsection

(a) of this section shall be enforced by the Secretary in the same manner and in accordance with the same procedures as are required by sections 122, 124, and 125 of the State and Local Fiscal Assistance Act of 1972 to enforce compliance with section 122(a) of such Act. The Attorney General shall have the same authority, functions, and duties with respect to funds made available under this title as the Attorney General has under sections 122(g) and (h) and 124(c) of such Act with respect to funds made available under that Act. Any perso}! aggrieved by a violation of subsection (a) of this section shall

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 PUBLIC LAW 95-30—MAY 23, 1977 have the same rights and remedies as a person aggrieved by a violation of subsection (a) of section 122 of such Act, including the rights provided under section 124(c) of such Act.". SEC. 606. Section 215 of the Public W o r k s Employment Act of 1976 (42 U.S.C. 6735) is amended by adding a t the end thereof the following new subsection: "(c)

91 STAT. 167

31 USC 1242. 31 USC 1244. Investigation, consultation.

ALTERNATIVE METHODS OF ALLOCATION.—The Secretary shall,

in consultation with the Secretary of Commerce, conduct an investigation of— " (1) the extent to which allocations of funds provided under this Act might be more precisely related to true economic conditions by the use of data on aggregate declines in private real wages and salaries; " (2) the extent to which other factors, such as relative tax effort, should also be made part of the allocation system provided by this Act; and " (3) the availability and reliability of data concerning P u e r to Rico, Guam, the Virgin Islands, American Samoa, and the T r u s t Territory of the Pacific Islands, and the extent to which such territories may properly be made part of the regular allocation system applicable to the several States. The results of such investigation shall be submitted to the Congress Submittal to not later than March 1, 1978, in order that such results may be avail- Congress. able during congressional consideration of any extension of this Act beyond the fiscal year ending September 30. 1978.". SEC. 607. Title " l l of the Public W o r k s Employment Act of 1976 (42 U.S.C. 6721-6735) is amended by adding at the end thereof the followino; new section: " AUTHORIZATION OF APPROPRIATIONS FOR PUERTO RICO, GUAM, AMERICAN SAMOA, AND THE VIRGIN ISLANDS

" SEC. 216. (a) IN GENERAL.—There is hereby authorized to be appro- 42 USC 6736. priated for each of the five succeeding calendar quarters (beginning with the calendar quarter which begins on July 1, 1977) for the purpose of making payments under this title to Puerto Rico, Guam, American Samoa, and the Virgin Islands, an amount equal to 1 percent of the amount authorized for each such quarter under section 202(b). 42 USC 6722. "(b)

ALLOCATIONS.—

" (1) The Secretary shall allocate from the amount authorized under subsection (a) an amount for the purpose of making payments to such governments equal to the total authorized for the calendar quarter multiplied by the applicable territorial percentage. -^a " (2) For the purposes of this subsection, the applicable ter- Applicable ritorial percentage is equal to the quotient resulting from the territorial division of the territorial population by the sum of the territorial percentage. population for all territories. " (3) For purposes of this section— " (A) The term 'territory' means Puerto Rico, Guam, "Territory.' American Samoa, and the Virgin Islands.

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 91 STAT. 168 "Territorial^ population." 42 USC 6723-6733.

PUBLIC LAW 95-30—MAY 23, 1977 n,^ ^^.,

"(B) The term 'territorial population' means the most recent population for each territory as determined by the Bureau of Census. "(C) The provisions of sections 203(c)(4), 204, 205, 206, 207, 208, 209, 210, 211, 212, and 213 shall apply to the funds authorized under this section. "(c) PAYMENTS TO LOCAL GOVERNMENTS.—The governments of the territories are authorized to make payments to local governments within their jurisdiction from sums received under this section as they deem appropriate.". Approved May 23, 1977.

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LEGISLATIVE HISTORY: HOUSE REPORTS: No. 95-27 pt. I (Comm. on Ways and Means), and No. 95-27 pt. II (Comm. on Appropriations), and No. 95-263 (Comm. of Conference). SENATE REPORT No. 95-66 (Comm. on Finance). CONGRESSIONAL RECORD, Vol. 123 (1977): ' Mar. 8, considered and passed House. Apr. 19-22, 25-29, considered and passed Senate, amended. May 16, House and Senate agreed to conference report and resolved amendment in disagreement. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 13, No. 22: May 23, Presidential statement.

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 PUBLIC LAW 95-31—MAY 23, 1977

91 STAT. 169

Public Law 95-31 95th Congress An Act To provide temporary authorities to the Secretary of Commerce to facilitate emergency actions to mitigate the impacts of the 1976-77 drought and promote water conservation.

May 23, 1977 [S. 1279]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act be Community Emergency cited as the "Community Emergency Drought Relief Act of 1977". SEC. 101. (a) Upon the application of any State, political subdivi- Drought Relief sion of a State, Indian tribe, or public or private nonprofit organiza- Act uof e1977. 42 s 5184 tion, the Secretary of Commerce is authorized to make grants and note. loans to applicants in drought impacted areas for projects that imple- Grants and loans. ment short-term actions to augment community water supplies where 42 USC 5184 there are severe problems due to water shortages. Such assistance may note. be for the improvement, expansion, or construction of water supplies, and puIx^hase and transportation of water, which in the opinion of the Secretary of Commerce will make a substantial contribution to the relief of an existing or threatened drought condition in a designated area. (b) The Secretary of Commerce may designate any area in the Area, United States as an emergency drought impact area if he or she finds that a major and continuing adverse drought condition exists and is expected to continue, and such condition is causing significant hardships on the affected areas. (c) Eligible applicants shall be those States or political subdivisions Applicants. of States with a population of ten thousand or more, Indian tribes, or public or private nonprofit organizations within areas designated IOF; pursuant to subsection (b) of this section. (d) Projects assisted under this Act shall be only those with respect Project to which assurances can be given to the satisfaction of the Secretary completion dates. of Commerce that the work can be completed by April 30, 1978, or within such extended time as the Secretary may approve in exceptional circumstances. SEC. 102. Grants hereunder shall be in an amount not to exceed 50 Terms and per centum of allowable project costs. Loans shall be for a term not conditions. to exceed 40 years at a per annum interest rate of 5 per centum and 42 USC 5184 shall be on such terms and conditions as the Secretary of Commerce note. shall determine. In determining the amount of a grant assistance for any project, the Secretary of Commerce may take into consideration such factors as are established by regulation and are consistent with the purposes of this Act. SEC. 103. In extending assistance under this Act the Secretary shall Project priorities. take into consideration the relative needs of applicant areas for the 42 USC 5184 projects for which assistance is requested, and the appropriateness of note. the project for relieving the conditions intended to be alleviated by this Act. SEC. 104. The Secretary of Commerce shall have such powers and 42 USC 5184 authorities under this Act as are vested in the Secretary by sections note. 701 and 708 of the Public Works and Economic Development Act of 42 USC 3211, 1965, as amended, with respect to that Act. SEC. 105. The National Environmental Protection Act of 1969, as 3218. amended, shall be implemented to the fullest extent consistent with but 42 USC 5184 note. 42 USC 4321 note.

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 91 STAT. 170

Appropriation authorization. 42 USC 5184 "° ^"

PUBLIC LAW 95-31—MAY 23, 1977

subject to the time constraints imposed by this Act, and the Secretary of Commerce when making the final determination regarding an application for assistance hereunder shall give consideration to the environmental consequences determined within that period. SEC. 106. (a) There is hereby authorized to be appropriated for the fiscal year ending September 30, 1977, $225,000,000 of which sum $150,000,000 is to be for the loan program herein, including administration thereof, and $75,000,000 of which is to be used for the grant program herein, including administration thereof, and such addi^tional amounts for the fiscal year ending September 30, 1978, as may be reasonably needed for administrative expenses in monitoring and closing out the program authorized by the Act. Funds authorized by this Act shall be obligated by December 31, 1977. (b) Funds available to the Secretary for this Act shall be available for expenditure for drought impact projects conducted heretofore by eligible applicants during fiscal year 1977 if such projects are found to be compatible with the broad purposes of this Act. TITLE II

SEC, 201. The first sentence of section 201(a) of the Public Works and Economic Development Act Amendments of 1976 (Public Law 42 USC 3121 94^87) is amended by striking out "one year" and inserting in lieu °ot6thereof "eighteen months". 42 USC 3121 SEC. 202. Section 202 of such Act is amended— "ote. (a) by striking out "and" at the end of subsection (4); (b) by striking out "chapter 57 and subchapter 53 of such title -, relating to classification and General Schedule pay rates" in subsection (5), and inserting in lieu thereof "chapter 51 and chapter 5 USC 5101, 53 of such title"; 5301. (c) by striking out the period at the end of subsection (5), and inserting a semicolon in lieu thereof; and .?..:,i (d) by adding at the end the following new subsections: "(6) accept and use gifts or bequests of services, moneys and property; and "(7) use appropriated funds and act as may be necessary and !,,.„„. „.- T appropriate without regard to the provisions of section 551 of title 31, United States Code, section 34 of title 40, United States I'H. Code, and section 5 of title 41, United States Code.". Approved May 23, 1977.

LEGISLATIVE HISTORY: SENATE REPORT No. 95-115 (Comm. on Environment and Public Works). CONGRESSIONAL RECORD, Vol. 123 (1977): May 11, considered and passed Senate. May 17, considered and passed House. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 13, No. 22: May 23, Presidential statement.

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 PUBLIC LAW 95-32—MAY 26, 1977

91 STAT. 171

Public Law 95-32 95th Congress An Act To authorize the establishment of the Eleanor Roosevelt National Historic Site in the State of New York, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in order to commemorate for the education, inspiration, and benefit of present and future generations the life and work of an outstanding woman in American history, Eleanor Roosevelt, to provide, in a manner compatible with preservation, interpretation, and us© thereof by and for the general public, a site for continuing studies, lectures, seminars, and other endeavors relating to the issues to which she devoted her considerable intellect and humanitarian concerns, and to conserve for public use and enjoyment in a manner compatible with the foregoing purposes an area of natural open space in an expanding urbanized environment, the Secretary of the Interior (hereinafter referred to as the "Secretary") is authorized to establish the Eleanor Roosevelt National Historic Site, including the former home of Eleanor Roosevelt, Val-Kill, as depicted on the map entitled "Boundary Map, Eleanor Roosevelt National Historic Site", numbered ELRO-90,000-NHS and dated May 1977. Said map shall be on file and available for public inspection in the offices of the Secretary of the Interior, Washington, District of Columbia. The Secretary is authorized to acquire such land and improvements thereon by donation, purchase with donated or appropriated funds, or exchange. SEC. 2. (a) Except as otherwise provided in this Act, the site shall be renovated, maintained, and administered by the Secretary in accordance with the provisions of this Act, the Act of August 25, 1916 (39 Stat. 535), as amended and supplemented, and the Act of August 21, 1935 (49 Stat. 666), as amended. (b) The acquisition, renovation, administration, and management of the site and its conservation for public use and enjoyment shall be carried out by the Secretary and the studies, lectures, seminars, and other endeavors relating to the issues to which Eleanor Roosevelt devoted her intellect and concern may be carried out under cooperative agreements between the Secretary and qualified public or private entities. Such agreements shall contain provisions authorizing the Secretary or his designated representatives to enter upon the site at all reasonable times for purposes of renovation, maintenance, administration, interpretation, and visitor conduct, assuring that no changes or alterations are made to the site inconsistent with its historic significance, and may include such other provisions assuring the conduct of studies, lectures, seminars, and other endeavors as are mutually agreeable to the Secretary and the public or private entities responsible for conducting the same under such agreements. SEC. 3. The Secretary shall erect or cause to be erected and maintained an appropriate monument or memorial to Eleanor Roosevelt within the boundaries of the site.

May 26, 1977 [H.R. 5562]

Eleanor Roosevelt National Historic Site, N.Y. Establishment. 16 USC 461 note.

Land acquisition.

Administration. 16 USC 461 note. 16 USC 1. 16 USC 461. eooperative agreements.

Monument or memorial, erection and maintenance. 16 USC 461 note.

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 91 STAT. 172

PUBLIC LAW 95-32—MAY 26, 1977

Appropriation SEC. 4 (a) There is authorized to be appropriated to carry out the tA^frcir !!*1^"" provisions of this Act, not to exceed $575,000 for acquisition of land 16 UbC 461 note. ^^^^ interests in lands, and not to exceed $420,000 for development, not more than $50,000 of which may be made available for the purposes of section 3 of this Act. Management (b) W i t h i n three years from the effective date of this Act the plan, transmittal Secretary shall develop and transmit to the Committee on Interior ^ ^ ^ Insular Affairs of the House of Representatives and to the Comcommittees. " mittee on Energy and Natural Resources of the Senate a general management plan for the use and development of the site consistent with the purposes of this Act, indicating— (1) the lands and interests in lands adjacent or related to the site which are deemed necessary or desirable for the purposes of resource protection, scenic integrity, or management and administration of the area in furtherance of the purposes of this Act and the estimated cost thereof; (2) the number of visitors and types of public use within the site which can be accommodated in accordance with the protection of its resources; and (3) the location and estimated cost of facilities deemed • necessary to accommodate such visitors and uses. Approved May 26, 1977.
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LEGISLATIVE HISTORY: HOUSE REPORT No. 95-264 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 95-148 accompanying S. 1125 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol 123 (1977): > May 9, considered and passed House. May 17, considered and passed Senate. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 13, No. 22: May 26, Presidential statement.

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 PUBLIC LAW 95-33—MAY 26, 1977

91 STAT. 173

Public Law 95-33 95th Congress An Act To authorize appropriations for fiscal years 1978, 1979, and 1980 to carry out the Atlantic Tunas Convention Act of 1975.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 10 of the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971h) is amended by striking out "fiscal year 1977" and inserting in lieu thereof "fiscal years 1977, 1978, 1979, and 1980". SEC. 2. Section 2(4) of such Act of 1975 (16 U.S.C. 971(4)) is amended to read as follows: " (4) The term 'fisheries zone' means the waters included within a zone contiguous to the territorial sea of the United States, of which the inner boundary is a line coterminous with the seaward boundary of each coastal State, and the outer boundary is a line drawn in such a manner that each point on it is two hundred nautical miles from the baseline from which the territorial sea is measured; or similar zones established by other parties to the Convention to the extent that such zones are recognized by the United States.". Approved May 26, 1977.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-265 (Comm. on Merchant Marine and Fisheries). SENATE REPORT No. 95-146 (Comm. on Commerce, Science, and Transportation) CONGRESSIONAL RECORD, Vol. 123 (1977): May 10, considered and passed House. May 17, considered and passed Senate. ^f.

May 26, 1977 [H.R. 6205] Atlantic Tunas Convention Act of 1975, amendments. "Fisheries zone."

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 91 STAT, 174

PUBLIC LAW 95-34—MAY 26, 1977

Public Law 95-34 95th Congress Joint Resolution May 26, 1977 [H.J. Res. 424]

John Fitzgerald Kennedy Library, Mass. GSA, acceptance of land, buildings and equipment.

Report.

To authorize the Administrator of General Services to accept laud, buildings, and equipment, without reimbursement, for the John Fitzgerald Kennedy Library, and for other purposes.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the Administrator of General Services is hereby authorized to accept, for and in the name of the United States, and take title on behalf of the United States to, any land, buildings, and equipment that have been or may be offered to the United States, without reimbursement, for the purpose of maintaining, operating, and protecting a Presidential archival depository in memory of John Fitzgerald Kennedy at Columbia Point, city of Boston, Commonwealth of Massachusetts, as part of the National Archives system. The Administrator may accept such property and make agreements, as necessary, to complete the transfer of title to the United States without regard to the provision of section 2108(a) of title 44, United States Code, that the Administrator may not take title to land, buildings, and equipment or make an agreement, until the expiration of the first period of sixty calendar days of continuous session of the Congress following the date on which a report in writing on any such proposed Presidential archival depository is transmitted by the Administrator to the President of the Senate and the Speaker of the House of Representatives. SEC. 2. Nothing in this Act shall be construed to impair or affect the authority of the Administrator under any other provision of section 2108 of title 44, United States Code, or any provision of other law. Approved May 26, 1977.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-273 (Comm. on Government Operations). CONGRESSIONAL RECORD, Vol. 123 (1977): May 16, considered and passed House. May 17, considered and passed Senate. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 13, No. 22: May 26, Presidential statement.

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 PUBLIC LAW 95-35—JUNE 1, 1977

91 STAT. 175

Public Law 95-35 95th Congress An Act Granting the consent of Congress to the Mississippi-Louisiana Bridge construction compact. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the consent of Congress is given to the Mississippi-Louisiana Bridge construction compact entered into between the States of Mississippi and Louisiana, which compact reads as follows: "Mississippi-Louisiana Bridge Construction Compact" "Article I. The purpose of this compact is to promote the construction of a bridge connecting the States of Mississippi and Louisiana at or near Natchez, Mississippi, and Vidalia, Louisiana, and to establish a joint interstate authority to assist in these efforts. "Article II. This compact shall become effective immediately as to the States ratifying it whenever the States of Louisiana and Mississippi have ratijfied it and Congress has given consent thereto. "Article III. The States which are parties to this compact (hereinafter referred to as 'party States') do hereby establish and create a joint agency which shall be known as the Mississippi-Louisiana Bridge Authority (hereinafter referred to as the 'authority'). The membership of such authority shall consist of the Governor of each party State, one representative each from the Mississippi State Hignway Department and the Louisiana Department of Highways, five other citizens of each party State, to be appointed by the Governor thereof. The appointive members of the authority shall serve for terms of four years each. Vacancies on the authority shall be filled by appointment by the Governor for the unexpired portion of the term. The members of the authority shall not be compensated for service on the authority, but each of the appointed members shall be entitled to actual and reasonable expenses incurred in attending meetings, or incurred otherwise in the performance of his duties as a member of the authority. The members of the authority shall hold regular quarterly meetings and such special meetings as its business may require. They shall choose annually a chairman and vice chairman from among their members, and the chairmanship shall rotate each year among the party States in order of their acceptance of this compact. The secretary of the authority (hereinafter provided for) shall notify each member in writing of all meetings of the authority in such a manner and under such rules and regulations as the authority may prescribe. The authority shall adopt rules and regulations for the transaction of its business; and the secretary shall keep a record of all its business and shall furnish a copy thereof to each member of the authority. It shall be the duty of the authority, in general, to promote, encourage, and coordinate the efforts of the party States to secure the development of the JNIississippi-Louisiana Bridge at or near Natchez, Mississippi, and Vidalia, Louisiana. Toward this end, the authority shall have power to hold hearings; to conduct studies and surveys of" all problems, benefits, and other matters associated with the construction of the Mississippi-Louisiana Bridge, and to make reports thereon; to acquire, by gift, grant, or otherwise, from local. State, Federal, or private sources

29-19^ 0

-

June 1, 1977 [H.R. 3662] MississippiLouisiana Bridge Construction Compact. Congressional consent.

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 91 STAT. 176

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r

PUBLIC LAW 95-35—JUNE 1, 1977

such money or property as may be provided for the proper performance of their function, and to hold and dispose of same; to cooperate with other public or private groups, whether local, State, regional, or national, having an interest in the bridge construction; to formulate and execute plans and policies for emphasizing the purpose of this compact before the Congress of the United States and other appropriate officers and agencies of the United States; and to exercise such other powers as may be appropriate to enable it to accomplish its functions and duties in connection with the construction of the MississippiLouisiana Bridge and to carry out the purposes of this compact. "Article IV. The authority shall appoint a secretary, who shall be a person familiar with the nature, procedures, and significance of the bridge construction and the informational, educational, and publicity who shall be the compact administrator. The term of office of the secretary shall be at the pleasure of the authority and such officer shall receive such compensation as the authority shall prescribe. The secretary shall maintain custody of the authority's books, records, and papers, which shall be kept by the secretary at the office of the authority, and shall perform all functions and duties and exercise all powers and authorities which may be delegated to the secretary by the authority. "Article V. Each party State agrees that its legislature may, in its discretion, from time to time make available and pay over to the authority funds for the establishment and operation of the authority. The contribution of each party State will be in equal amounts. "Article VI. Nothing in this compact shall be construed so as to conflict with any existing statute, or to limit the powers of any party State, or to repeal or prevent legislation, or to authorize or permit curtailment or diminution of any other bridge project, or to affect any existing or future cooperative arrangement or relationship between any Federal agency and a party State. "A^rticle VII. This compact shall continue in force and remain binding upon each party State until the Legislature or Governor of each or either State takes action to withdraw therefrom; provided that such withdrawal shall not become effective until six months after the date of the action taken by the legislature or Governor. Notice of such action shall be given to the other party State or States by the secretary of state of the party State which takes such action." SEC. 2. The right to alter, amend, or repeal this Act is expressly reserved. Approved June 1, 1977.
 * , _, ^ methods of stimulating general interest in such developments, and

LEGISLATIVE HISTORY:

^

'

HOUSE REPORT No. 95-279 (Comm. on the Judiciary). SENATE REPORT No. 95-136 accompanying S. 837 (Coram, on the Judiciary). CONGRESSIONAL RECORD, Vol. 123 (1977): May 16, considered and passed House; S. 837 considered and passed Senate. May 18, considered and passed Senate, in lieu of S. 837.

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 PUBLIC LAW 95-36—JUNE 1, 1977

91 STAT. 177

Public Law 95-36 95th Congress An Act To authorize appropriations for the administration of the Deepwater Port Act of 1974.

June 1, 1977 [H.R. 6401]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 25 of Deepwater Port the Deepwater Port Act of 1974 (Public Law 93-627) is hereby Act of 1974, amended to read as follows: OT^T'JCI^^I"^;. 33 USC 1524. u AUTHORIZATION FOR APPROPRIATIONS

"SEC. 25. There is authorized to be appropriated for administration of this Act, not to exceed $2,500,000 per fiscal year for the fiscal years ending June 30, 1975, June 30, 1976, September 30, 1977, September 30, 1978, September 30, 1979, and September 30, 1980.". Approved June 1, 1977.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-303 pt. I (Comm. on Public Works and Transportation). SENATE REPORT No. 95-145 accompanying S. 891 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD, Vol. 123 (1977): May 17, considered and passed House; S. 891 considered and passed Senate. May 19, considered and passed Senate, in lieu of S. 891.

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 91 STAT. 178

PUBLIC LAW 95-37—JUNE 1, 1977

Public Law 95-37 95th Congress

•t-.r^

An Act June 1, 1977 [S. 853] Defense Production Act Extension Amendments of 1977. 50 USC app. 2061 note. 50 USC app. 2166.

'

•

To extend the Defense Production Act of 1950, as amended.

-

i

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 "Defense Production Act Extension Amendments of 1977". SEC. 2. The first sentence of section 717(a) of the Defense Production Act of 1950 (64 Stat. 822) is amended by striking out "September 30, 1977" and inserting in lieu thereof "September 30, 1979". Approved June 1, 1977.

.

.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-232 accompanying H.R. 4962 (Comm. on Banking, Finance and Urban Affairs). SENATE REPORT No. 95-131 (Comm. on Banking, Housing, and Urban Affairs). CONGRESSIONAL RECORD, Vol. 123 (1977): May 2, H.R. 4962 considered and passed House. ' May 13, considered and passed Senate. ' * May 19, considered and passed House, in lieu of H.R. 4962.

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 PUBLIC LAW 95-38—JUNE 1, 1977

91 STAT. 179

Public Law 95-38 95th Congress An Act To amend the Privacy Act of 1974 to extend the life of the Privacy Protection Study Commission to September 30, 1977.

June 1, 1977 [S. 1443]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 5(g) of the Privacy Act of 1974 (5 U.S.C. 552a note) is amended by striking out the last sentence thereof and inserting in lieu thereof the following: "The Commission shall cease to exist on September 30, 1977.".

Privacy Protection Study Commission, ^''tension^

Approved June 1, 1977.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-342 accompanying H.R. 6258 (Comm. on Government Operations). SENATE REPORT No. 95-118 (Comm. on Governmental Affairs). CONGRESSIONAL RECORD, Vol. 123 (1977): May 9, considered and passed Senate. May 23, considered and passed House, in lieu of H.R. 6258.

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 91 STAT. 180

PUBLIC LAW 95-39—JUNE 3, 1977

Public Law 95-39 95th Congress An Act June 3, 1977 [S. 36]

Energy Research and Development Administration. Appropriation authorization.

To authorize appropriations to the Energy Research and Development Administration in accordance with section 261 of the Atomic Energy Act of 1954, as amended, section 305 of the Energy Reorganization Act of 1974, and section 16 of the Federal Nonnuclear Energy Research and Development Act of 1974, 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 Congress finds that the traditional energy sources of this country are being depleted and we must convert to other forms of energy. In addition, it may be necessary to undertake aggressive conservation programs to cut back on energy consumption and eliminate waste and reduce energy use. In spite of these efforts, Congress finds that domestic energy production in this country must approximately double by the end of this century, and must do so as our domestic sources of petroleum and natural gas decline. Therefore, it is essential that the policy of the Congress be established that every form of energy be put into use at the earliest possible moment, consistent with existing environmental laws, that new elements of energy production be placed on line as quickly as possible. AUTHORIZATION

OF APPROPRIATIONS

FOR FISCAL

YEAR

197 7

SEC. 2. In accordance with section 305 of the Energy Eeorganization Act of 1974 (42 U.S.C. 5875), and section 16 of the Federal Nonnuclear Energy Research and Development Act of 1974 (42 U.S.C. 5915), there is hereby authorized to be appropriated to the Energy Research and Development Administration for fiscal year 1977, subject to the provisions of this Act, the following: (A) For nonnuclear energy research, development, and demonstration of fossil, solar, geothermal, and other forms of energy for energy conservation, and for scientific and technical education, $1,175,671,000. (B) For environmental research and safety, basic energy sciences, program support, and related programs, not directly associated with nuclear programs, $464,302,0W. TITLE I—NONNUCLEAR PROGRAMS OPERATING EXPENSES

SEC. 101. For "Operating expenses", for the following programs, a sum of dollars equal to the total of the following amounts: Fossil Energy Development

(1) Coal: (A) Coal liquefaction: Costs, $81,130,000. Changes in selected resources, —$4,300,000. (B) High Btu gasification (coal): Costs, $59,254,000. Changes in selected resources,—$14,200,000.

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 PUBLIC LAW 95-39—JUNE 3, 1977

(2)

- ' (3)

•;'.

91 STAT. 181

(C) Low Btu gasification (coal): r?; Costs, $50,000,000. Changes in selected resources, —$3,000,000. (D) Advanced power systems: Costs, $12,800,000. " Changes in selected resources, $9,700,000. (E) Direct combustion (coal)|: Costs, $55,116,000. Changes in selected resources, $2,284,000. (F) Advanced research and supporting technology: Costs, $38,500,000. Changes in selected resources, $1,100,000: Provided, That the following amounts thereof shall be for systems studies: Costs, $9,350,000. Changes in selected resources, $1,000,000. (G) Demonstration plants (coal): Costs, $50,600,000. Changes in selected resources, $2,400,000. (H) Magnetohydrodynamics: Costs, $27,841,000. Changes in selected resources, $10,145,000. Petroleum and natural gas: (A) Natural gas and oil extraction: Costs, $35,269,000. f Changes in selected resources, $7,900,000. (B) Supporting research: Costs, $1,831,000. - H Changes in selected resources, $0. In situ technology: (A) Oil shale,: Costs, $12,085,000. Changes in selected resources, $9,000,000. (B) Coal gasification: Costs, $13,536,000. -v Changes in selected resources, $1,500,000. (C) Supporting research: Costs, $1,310,000. Changes in selected resources, $0. Solar Energy Development

'

(4) Solar Heating and Cooling: Costs, $88,000,000. Changes in selected resources, $26,500,000. (5) Other Solar Energy Programs: Costs, $136,100,000. - ' -"^ Changes in selected resources, $35,600,000; including costs of $3,000,000 and changes in selected resources of $1,000,000 for initiation of activities of the Solar Energy Research Institute and costs of $112,200,000 and changes in selected resources of $27,500,000 for solar electric applications. Geothermal Energy Development (6) Geothermal Energy: (A) Hydrothermal Technology Applications: Costs, $14,200,000. Changes in selected resources, $1,800,000.

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 91 STAT. 182

PUBLIC LAW 95-39—JUNE 3, 1977 (B) Other Geothermal Energy Development: Costs, $46,100,000. Changes in selected resources, $3,600,000. Conservation Research and Development (7) Conservation Research and Development: (A) Electric Energy Systems: Costs, $22,000,000. Changes in selected resources, $4,000,000. i (B) Energy Storage: Mr Costs, $32,000,000. J: Changes in selected resources, $6,000,000. (C) Building Conservation: Costs, $27,600,000. Changes in selected resources, $4,400,000. (D) Industry Conservation: Costs, $18,000,000. Changes in selected resources, $4,000,000. (E) Transportation Energy Conservation, including $3,000,000 for methanol and other alternate fuels: Costs, $31,400,000. Changes in selected resources, $4,600,000. / (F) Improved Conversion Efficiency: .* Costs, $15,300,000. . "' Changes in selected resources, $11,700,000. (G) Energy Conservation Institutes and Extension Service: Cost, $18,000,000. Changes in selected resources, $7,000,000. (H) Small grant program for appropriate technologies: Costs, $7,500,000. Changes in selected resources, $2,500,000. (I) To carry out the municipal solid waste demonstration price guarantee program authorized by section 107 of this Act: Costs, $200,000. Changes in selected resources, $4,800,000. / Scientific and Technical Education (8) Scientific and technical education: . » Costs, $3,750,000. Changes in selected resources, $1,250,000. '-a ^rs.:

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PLANT AND CAPITAL EQUIPMENT

SEC. 102. (a) For "Plant and capital equipment", including construction, acquisition, or modification of facilities, including land acquisition; and acquisition and fabrication of capital equipment not related to construction, a sum of dollars equal to the total of the following amounts: (1) Fossil energy development coal. (A) Project 77-1-a, modifications and additions to energy research centers, $6,900,000. (B) Project 77-1-b for a high Btu pipeline gas demonstration plant (which is estimated to cost a total of $500,000,000, including the non-Federal share of such cost) is authorized. The amount authorized for such plant is $10,000,000.

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 PUBLIC LAW 95-39—JUNE 3, 1977 (C) Project 77-1-c for fuel gas low Btu demonstration plant (which is estimated to cost a total of $380,000,000, including the non-Federal share of such cost) is authorized. The amount authorized for such plant is $5,000,000. (D) Project 77-1-d, MHD component development and integration facility, $6,700,000. (2) Conservation research and development. (A) Project 77-17-a Combustion Eesearch Center, $8,500,000. (3) Capital equipment, not related to construction. (A) Fossil energy development, $1,020,000. (B) Conservation research and development, $12,000,000. (C) Solar energy development, $8,500,000, including $1,500,000 for initiation of activities at the Solar Energy Eesearch Institute in the areas of modification of facilities, acquisition and fabrication of capital equipment, and design of the final installation. (D) Geothermal energy development, $2,350,000. (b) There is authorized aii additional sum of $50,000,000 for the clean boiler fuel demonstration plant (project 76-1-a) authorized by section 101 (bj (1) of the Act of December 31, 1975 (89 Stat. 1065). (c) There is authorized an additional sum of $15,000,000 for the five megawatt solar thermal test facility (76-2-a) authorized by section 101(b)(2) of the Act of December 31, 1975 (89 Stat. 1065). (d) Solar Energy Development: Project 77-18-j, $10,000,000 for the following solar Energy Development Projects: (i) OTEC sea test facility, $1,000,000. hi) one 200 kW wind energy facility, $2,000,000. (iii) total solar energy plant, $2,000,000. (iv) 5 MW solar thermal demonstration for small community, $2,000,000. (v) biomass conversion facility, $3,000,000 (A-E and long-lead procurement).

91 STAT. 183

> =

PROVISIONS RELATING ONLY TO FOSSIL ENERGY DEVELOPMENT PROGRAMS

SEC. 103. Funds appropriated pursuant to this Act for "Operating expenses" for fossil energy purposes may be used for (1) any facilities which may be required at locations, other than installations of the Administration, for the performance of research and development contracts, and (2) grants to any organization for purchase or construction of research facilities. No such funds shall be used for the Limitation, acquisition of land. Fee title to all such facilities shall be vested in the United States, unless the Administrator determines in writing that the programs of research and development authorized by this Act shall best be implemented by vesting fee title in any entity other than the United States: Provided, That, before approving the vesting of Determination, title in such entity the Administrator shall (A) transmit such deter- transmittal to mination, together with all pertinent data, to the Committee on Sci- congressional ence and Technology of the House of Representatives and the Com- committees. mittee on Energy and Natural Resources of the Senate, and (B) wait Notice. a period of thirty calendar days (not including any day in which either House of Congress is not in session because of adjournment of more than three calendar days to a day certain), unless prior to the expiration of such period each such committee has transmitted to the Administrator written notice to the effect that such committee has no objection to the proposed action. Each grant shall be made under such conditions as the Administrator deems necessary to insure that

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 91 STAT. 184 Report, transmittal to congressional committees. Notice.

Report, transmittal to congressional committees. Notice.

Demonstration plants, expiration. 42 USC 5915a.

Report to congressional committees. 42 USC 5903c.

PUBLIC LAW 95-39—JUNE 3, 1977 the United States will receive therefrom benefits adequate to justify the making of the grant. No such funds shall be used under clause (1) of the first sentence of this section for the construction of any major facility the estimated cost of which, including collateral equipment, exceeds, $250,000 unless the Administrator shall (i) transmit a report on such major facility showing the nature, purpose, location, and estimated cost of such facility to the Committee on Science and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate, and (ii) wait a period of thirty calendar days (not including any day in which either House of Congress is not in session because of adjournment of more than three calendar days to a day certain), unless prior to the expiration of such period each such committee has transmitted to the Administrator written notice to the effect that such committee has no objection to the proposed action. SEC. 104. Not to exceed 3 per centum of all funds appropriated pursuant to this Act of "Operating expenses" for fossil energy purposes may be used by the Administrator to construct, expand, or modify laboratories and other facilities, including the acquisition of land, at any location under the control of the Administrator, if the Administrator determines that (1) such action would be necessary because of changes in the national programs authorized to be funded by this Act or because of new scientific or engineering developments, and (2) deferral of such action until the enactment of the next authorization Act would be inconsistent with the policies established by Congress for the Administration. No portion of such sums may be obligated for expenditure or expended for such activities, unless (A) a period of thirty calendar days (not including any day in which either House of Congress is not in session because of adjournment of more than three calendar days to a day certain) has passed after the Administrator has transmitted to the Committee on Science and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a written report containing a full and complete statement concerning (i) the nature of construction, expansion, or modification, (ii) the cost thereof, including the cost of any real estate action pertaining thereto, and (iii) the reason why such construction, expansion, or modification is necessary and in the national interest, or (B) each such committee before the expiration of such period has transmitted to the Administrator written notice to the effect that such committee has no objection to the proposed action: Provided, That this sentence shall not apply to projects to construct, expand, or modify such laboratories or facilities, the estimated total cost of which does not exceed $25,000. SEC. 105, Notwithstanding any other applicable provision of law, the initial authorization in this Act or any other Act heretofore or hereafter enacted to construct, pursuant to section 8 of the Federal Nonnuclear Energy Research and Development Act of 1974 (42 U.S.C. 5907), any fossil energy demonstration plant shall expire at the end of the three full fiscal years following the date of enactment of such authorization, unless (1) funds to construct each such plant are appropriated or otherwise provided pursuant to applicable law prior thereto, or (2) such authorization period is extended by specific Act of Congress hereafter enacted. SEC. 106. All moneys received by the Administrator from any fossil energy activity shall be paid into the Treasury to the credit of miscellaneous receipts, except that on December 1 of each year the Admin-

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 PUBLIC LAW 95-39—JUNE 3, 1977

91 STAT. 185

istrator shall provide to the Committee on Science and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report of all such receipts for the preceding fiscal year, including, but not limited to, the amount and source of such revenues and the program and subprogram activity generating such revenues. GENERAL PROVISIONS RELATING TO NONNUCLEAR PROGRAMS OTHER T H A N FOSSIL ENERGY DEVELOPMENT

SEC. 107. The Administrator is authorized, subject to the appropria- 42 USC 5906 tion of funds pursuant to section 101(7)(I) of this Act, to establish note. and implement, under section 7(a)(4) of the Federal Nonnuclear Energy Research and Development Act of 1974 (42 U.S.C. 5906(a)(4)) and in accordance with section 7(c) of such Act (42 U.S.C. 5906(c)), a price-support program to demonstrate municipal solid waste reprocessing for the production of fuels and energy intensive products. Prior to entering into any contract for such demonstra- Report, submittal tion, the Administrator shall submit to the Committee on Science and to congressional Technology of the House of Representatives and the Committee on committees. Energy and Natural Resources of the Senate a full and complete report on the proposed commercial demonstration facility and the necessary project demonstration guarantees. Such contract shall not be finalized under the authority granted by this section prior to the expiration of ninety calendar days (not including any day on which either House of Congress is not in session because of an adjournment of more than three calendar days to a day certain) from tifie date on which such report is received by such committees. GENERAL PROVISIONS RELATING TO ALL NONNUCLEAR PROGRAMS

SEC. 108. Except as otherwise provided in this Act— (a) no amount appropriated pursuant to this Act may be used r for any nonnuclear program in excess of the amount actually authorized for that particular program by this Act, (b) no amount appropriated pursuant to this Act may be used for any nonnuclear program which has not been presented to, or requested of. the Congress, unless (1) a period of thirty calendar days (not including any day in which either House of Congress is not in session because of adjournment of more than three calendar days to a day certain) has passed after the receipt by the Committee on Science and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate of notice given by the Administrator containing a full and complete statement of the action proposed to be taken and the facts and circumstances relied upon to support such proposed action, or (2) each such committee before the expiration of such period has transmitted to the Administrator written notice to the effect that such committee has no objection to the proposed action: Provided, That the following categories may not, as a result of reprograming, be decreased by more than 10 per centum of the sums appropriated pursuant to this Act for such categories: Coal, petroleum and natural gas, in situ technology, solar, geothermal, and conservation. SEC. 109. The Administrator shall submit to the Committee on Science and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a detailed explanation of the allocation of all of the funds appropriated pur-

Notice to congressional committees.

Limitation.

Explanation, submittal to congressional committees.

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