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Page:United States Statutes at Large Volume 89.djvu/275

 PUBLIC LAW 94-36—JUNE 16, 1975

89 STAT. 215

Public Law 94-36 94th Congress Joint Resolution Making urgent supplemental appropriations for summer youth employment and recreation for the fiscal year ending June 30, 1975, and for other purposes.

June 16, 1975 [HJ. Res. 492]

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for emergency employment for the fiscal year ending June 30, 1975, and for other purposes, namely:

Summer youlh employment and recreation.

DEPARTMENT OF LABOR

Supplemental appropriations.

MANPOWER ADMINISTRATION COMPREHENSIVE MANPOWER ASSISTANCE

For an additional amount for "Comprehensive manpower assistance", $473,350,000, to remain available until September 30, 1975, of which $15,300,000 shall be transferred to the Community Services Administration for carrying out activities authorized by section 222 (a) (13) of the Economic Opportunity Act of 1964, as amended (42 U.S.C.2701etseq.). Approved June 16, 1975.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-269 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 121 (1975): June 10, considered and passed House. June 12, considered and passed Senate. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 11, No. 25: June 16, Presidential statement.

42 USC 2809.

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Page:United States Statutes at Large Volume 89.djvu/276

 89 STAT. 216

PUBLIC LAW 94-37—JUNE 19, 1975

Public Law 94-37 94th Congress An Act June 19, 1975 [S. 818]

To authorize United States payments to the United Nations for expenses of the United Nations peacekeeping forces in the Middle East, and for other purposes.

United Nations. Payments for peacekeeping forces. Appropriation authorization. 59 Stat. 1039.

Be it enacted by the Seriate and House of Representatives of the United States of America in Congress assembled, That there is hereby authorized to be appropriated to the Department of State such sums as may be necessary from time to time for payment by the United States of its share of the expenses of the United Nations peacekeeping forces in the Middle East, as apportioned by the United Nations in accordance with article 17 of the United Nations Charter, notwithstanding the limitation on contributions to international organizations contained in Public Law 92-544 (86 Stat. 1109, 1110).

22 USC 287e note.

Approved June 19, 1975.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-200 (Comm. on International Relations). SENATE REPORT No. 94-93 (Comm. on Foreign Relations). CONGRESSIONAL RECORD, Vol. 121 (1975): Apr. 28, considered and passed House. June 9, considered and passed Senate.

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Page:United States Statutes at Large Volume 89.djvu/277

 PUBLIC LAW 94-38—JUNE 19, 1975

89 STAT. 217

Public Law 94-38 94th Congress An Act To authorize appropriations for the saline water conversion program for fiscal year 1976.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there is authorized to be appropriated, to carry out the provisions of the Saline Water Conversion Act of 1971 (85 Stat. 159) during fiscal year 1976, the sum of $4,100,000 to remain available until expended. Approved June 19, 1975.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-103 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 94-154 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD, Vol. 121 (1975): Apr. 8, considered and passed House. June 5, considered and passed Senate, amended. June 9, House concurred in Senate amendment.

June 19, 1975 [H.R. 3109] Saline water conversion program. Appropriation authorization. 42 USC 1959 note.

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 89 STAT. 218

PUBLIC LAW 94-39—JUNE 19, 1975

Public Law 94-39 94th Congress An Act June 19, 1975 rji n 47001 '• • • •'

To authorize appropriations to the National Aeronautics and Space Administration for research and development, construction of facilities, and research and program management, and for other purposes.

National Aeronautics and

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there is hereby authorized to be appropriated to the National Aeronautics and Space

 * R**^?.

Administration:

Admmistration Art 1976 ' Research and development.

Construction of facilities.

^^^^ YQV "Research and development," for the following programs: (1) Space Shuttle, $1,206,000,000; (2) Space flight operations, $203,100,000; (3) Advanced missions, $2,000,000; (4) Physics and astronomy, $162,800,000; (5) Lunar and planetary exploration, $259,900,000; (6) Launch vehicle procurement, $166,900,000; (7) Space applications, $181,530,000; (8) Aeronautical research and technology, $175,350,000; (9) Space and nuclear research and technology, $74,900,000; (10) Energy technology applications, $5,900,000; ( l l j Tracking and data acquisition, $240,800,000; '""^: (12) Technology utilization, $8,000,000; (b) For "Construction of facilities," including land acquisition, as follows:

(1) Modification of 11- by 11-foot transonic wind tunnel, Ames Research Center, $2,695,000. (2) Addition for composite model and metal finishing shops, Langley Research Center, $1,940,000; (3) Space shuttle facilities at various locations as follows: (A) Modifications to launch complex 39, John F. Kennedy Space Center, $13,110,000; (B) Construction of Orbiter processing facility, John F. Kennedy Space Center, $8,160,000; (C) Modifications for solid rocket booster processing facilities, John F. Kennedy Space Center, $5,240,000; (D) Modifications for hypergolic checkout and refurbishment facilities, John F. Kennedy Space Center, $6,940,000; (E) Modifications for launch equipment test facilities, John F. Kennedy Space Center, $1,960,000; (F) Construction of Orbiter approach and landing test facilities. Flight Research Center, and Air Force Plant # 4 2, Palmdale, California, $1,680,000; (G) Construction of Shuttle/Carrier aircraft mating facilities. Flight Research Center, and Air Force Plant #42, Palmdale, California, $3,890,000; (H) Modifications for crew training facilities, Lyndon B. Johnson Space Center, $830,000; (I) Modification of the vibration and acoustic test facility, Lyndon B. Johnson Space Center, $2,410,000; (J) Modifications for solid rocket booster component manufacturing and assembly facilities (location to be designated), $3,000,000;

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 PUBLIC LAW 94-39—JUNE 19, 1975 (4) Modification of 40-by-80 foot subsonic wind tunnel, Ames Research Center, $12,500,000; (5) Rehabilitation and modification of facilities at various locations, not in excess of $500,000 per project, $16,000,000; (6) Minor construction of new facilities and additions to existing facilities at various locations, not in excess of $250,000 per project, $5,000,000; (7) Facility planning and design not otherwise provided for, $13,775,000. (c) For "Research and program management," $776,000,000, and such additional or supplemental amounts as may be necessary for increases in salary, pay, retirement, or other employee benefits authorized by law. (d) Notwithstanding the provisions of subsection 1(g), appropriations for "Research and development" may be used (1) for any items of a capital nature (other than acquisition of land) which may be required at locations other than installations of the Administration for the performance of research and development contracts, and (2) for grants to nonprofit institutions of higher education, or to nonprofit organizations whose primary purpose is the conduct of scientific research, for purchase or construction of additional research facilities; and title to such facilities shall be vested in the United States unless the Administrator determines that the national program of aeronautical and space activities will best be served by vesting title in any such grantee institution or organization. Each such grant shall be made under such conditions as the Administrator shall determine to be required to insure that the United States will receive therefrom benefit adequate to justify the making of that grant. None of the funds appropriated for "Research and development" pursuant to this Act may be used in accordance with this subsection for the construction of any major facility, the estimated cost of which, including collateral equipment, exceeds $250,000, unless the Administrator or his designee has notified the Speaker of the House of Representatives and the President of the Senate and the Committee on Science and Technology of the House of Representatives and the Committee on Aeronautical and Space Sciences of the Senate of the nature, location, and estimated cost of such facility. (e) When so specified in an appropriation Act, (1) any amount appropriated for "Research and development" or for "Construction of facilities" may remain available without fiscal year limitation, and (2) maintenance and operation of facilities, and support services contracts may be entered into under the "Research and program management" appropriation for periods not in excess of twelve months beginning at any time during the fiscal year. (f) Appropriations made pursuant to subsection 1(c) may be used, but not to exceed $35,000, for scientific consultations of extraordinary expenses upon the approval or authority of the Administrator and his determination shall be final and conclusive upon the accounting officers of the Government. (g) Of the funds appropriated pursuant to subsections 1(a) and l ( c }, not in excess of $25,000 for each project, including collateral equipment, may be used for construction of new facilities and additions to existing facilities, and not in excess of $50,000 for each project, including collateral equipment, may be used for rehabilitation or modification of facilities: Provided, That of the funds appropriated pursuant to subsection 1(a), not in excess of $250,000 for each project, including collateral equipment, may be used for any of the foregoing for unforeseen programmatic needs.

89 STAT. 219

Research and program management, Program specifications,

Notice to Speaker of the House, President of the Senate, and congressional committees.

Limitations.

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Page:United States Statutes at Large Volume 89.djvu/280

 89 STAT. 220

PUBLIC LAW 94-39—JUNE 19, 1975

Construction cost variations.

SEC. 2. Authorization is hereby granted whereby any of the amounts prescribed in paragraphs (1) through (6), inclusive, of subsection 1(b)(1) in the discretion of the Administrator or his designee, may be varied upward 10 per centum, or (2) following a report by the Administrator or his designee to the Committee on Science and Technology of the House of Representatives and the Committee on Aeronautical and Space Sciences of the Senate on the circumstances of such action, may be varied upward 25 per centum, to meet unusual cost variations, but the total cost of all work authorized under such paragraphs shall not exceed the total of the amounts specified in such paragraphs. SEC. 3. Not to exceed one-half of 1 per centum of the funds appropriated pursuant to subsection 1(a) hereof may be transferred to the "Construction of facilities" appropriation, and, when so transferred, together with $10,000,000 of the funds appropriated pursuant to subsection 1(b) hereof (other than funds appropriated pursuant to paragraph (7) of such subsection) shall be available for expenditure to construct, expand, or modify laboratories and other installations at any location (including locations specified in subsection 1(b)), if (1) the Administrator determines such action to be necessary because of changes in the national program of aeronautical and space activities or new scientific or engineering developments, and (2) he determines that deferral of such action until the enactment of the next Authorization Act would be inconsistent with the interest of the Nation in aeronautical and space activities. The funds so made available may be expended to acquire, construct, convert, rehabilitate, or install permanent or temporary public works, including land acquisition, site preparation, appurtenances, utilities, and equipment. No portion of such sums may be obligated for expenditure or expended to construct, expand, or modify laboratories and other installations unless (A) a period of thirty days has passed after the Administrator or his designee has transmitted to the Speaker of the House of Representatives and to the President of the Senate and to the Committee on Science and Technology of the House of Representatives and to the Committee on Aeronautical and Space Sciences of the Senate a written report containing a full and complete statement concerning (1) the nature of such construction, expansion, or modification, (2) the cost thereof including the cost of any real estate action pertaining thereto, and (3) the reason why such construction, expansion, or modification is necessary 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. SEC. 4. Notwithstanding any other provision of this Act— (1) no amount appropriated pursuant to this Act may be used for any program deleted by the Congress from requests as originally made to either the House Committee on Science and Technology or the Senate Committee on Aeronautical and Space Sciences, (2) no amounts appropriated pursuant to this Act may be used for any program in excess of the amount actually authorized for that particular program by sections 1(a) and 1(c), and (3) no amount appropriated pursuant to this Act may be used for any program which has not been presented to or requested of either such committee.

Report to congressional committees.

Transfer of funds.

Report to Speaker of the House, President of the Senate, and congressional committees.

Use of funds, restriction.

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Page:United States Statutes at Large Volume 89.djvu/281

 PUBLIC LAW 94-39—JUNE 19, 1975

89 STAT. 221

unless (A) a period of thirty days has passed after the receipt by the Speaker of the House of Representatives and the President of the Senate and each such committee of notice given by the Administrator or his designee containing a full and complete statement of the action proposed to be taken and the facts and circumstances relied upon in support of such proposed action, or (B) each such committee before the expiration of such period has transmitted to the Administrator written notice to the eifect that such committee has no objection to the proposed action. SEC. 5. I t is the sense of the Congress that it is in the national interest that consideration be given to geographical distribution of Federal research funds whenever feasible, and that the National Aeronautics and Space Administration should explore ways and means of distributing its research and development funds whenever feasible. SEC. 6. The National Aeronautics and Space Administration is authorized, when so provided in an appropriation Act, to enter into a contract for tracking and data relay satellite services. Such services shall be furnished to the National Aeronautics and Space Administration in accordance with applicable authorization and appropriation Acts. The Government shall incur no costs under such contract prior to the furnishing of such services except that the contract may provide for the payment for contingent liability of the Government which may accrue in the event the Government should decide for its convenience to terminate the contract before the end of the period of the contract. Facilities which may be required in the performance of the contract may be constructed on Government-owned lands if there is included in the contract a provision under which the Government may acquire title to the facilities, under terms and conditions agreed upon in the contract, upon termination of the contract. The Administrator shall in January of each year report to the Committee on Science and Technology and the Committee on Appropriations of the House of Representatives and the Committee on Aeronautical and Space Sciences and the Committee on Appropriations of the Senate the projected aggregate contingent liability of the Government under termination provisions of any contract authorized in this section through the next fiscal year. The authority of the National Aeronautics and Space Administration to enter into and to maintain the contract authorized hereunder shall remain in effect as long as provision therefor is included in Acts authorizing appropriations to the National Aeronautics and Space Administration for subsequent fiscal years. SEC. 7. In addition to the amounts authorized to be appropriated under section 1 of this Act, there is hereby authorized to be appropriated to the National Aeronautics and Space Administration, to be available no earlier than July 1, 1976: (a) For "Research and development," for the programs specified in the following paragraphs, $700,600,000, of which no more shall be available for any such program than the amount stipulated (for that program) in the applicable paragraph: (1) Space Shuttle, $321,000,000; ^2) Space flight operations, $55,100,000; (3) Advanced missions, $500,000; (4 J Physics and astronomy, $46,600,000; (6) Lunar and planetary exploration, $73,300,000; (6) Launch vehicle procurement, $40,400,000; (7) Space applications, $54,700,000; ^8) Aeronautical research and technology, $46,800,000; (9) Space and nuclear research and technology, $22,300,000;

Notice to Speaker of the House and President of the Senate.

Research funds;, geograpical distribution. 42 USC 2459 note. Satellite service!! contract authorization. 42 USC 2463.

Report to congressional committees.

Additional authorizations.

Research and development.

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Page:United States Statutes at Large Volume 89.djvu/282

 89 STAT. 222

Construction of facilities.

Research and program management.

42 USC 2451 note.

PUBLIC LAW 94-39—JUNE 19, 1975 ^10) Energy technology applications, $1,500,000; (11) Tracking and data acquisition, $66,400,000; (12) Technology utilization, $2,000,000. (b) For "Construction of facilities," including land acquisition, as follows: (1) Rehabilitation and modification of facilities at various locations, not in excess of $500,000 per project, $7,000,000; (2^ Minor construction of new facilities and additions to existing facilities at various locations, not in excess of $250,000 per project, $1,250,000; (3) Facility planning and design not otherwise provided for, $2,500,000. (c) For "Research and program management," $213,800,000, and such additional or supplemental amounts as may be necessary for increases in salary, pay, retirement, or other employee benefits authorized by law. All of the limitations and other provisions of this Act which are applicable to amounts appropriated pursuant to subsections (a), (b), and (c) of section 1 of this Act shall apply in the same manner to amounts appropriated pursuant to subsections (a), (b), and (c), respectively, of this section. SEC. 8. The National Aeronautics and Space Act of 1958, as amended, is amended by adding at the end thereof the following new title: "TITLE IV—UPPER ATMOSPHERIC RESEARCH u PURPOSE AND POLICY

42 USC 2481.

"SEC. 401. (a) The purpose of this title is to authorize and direct the Administration to develop and carry out a comprehensive program of research, technology, and monitoring of the phenomena of the upper atmosphere so as to provide for an understanding of and to maintain the chemical and physical integrity of the Earth's upper atmosphere. "(b) The Congress declares that it is the policy of the United States to undertake an immediate and appropriate research, technology, and monitoring program that will provide for understanding the physics and chemistry of the Earth's upper atmosphere. "DEFINITIONS

42 USC 2482.

"SEC. 402. For the purpose of this title the term 'upper atmosphere' means that portion of the Earth's sensible atmosphere above the troposphere. "PROGRAM AUTHORIZED

42 USC 2483.

"SEC. 403. (a) In order to carry out the purposes of this title the Administration in cooperation with other Federal agencies, shall initiate and carry out a program of research, technology, monitoring, and other appropriate activities directed to understand the physics and chemistry or the upper atmosphere. "(b) In carrying out the provisions of this title the Administration shall— " (1) arrange for participation by the scientific and engineering community, of both the Nation's industrial organizations and

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Page:United States Statutes at Large Volume 89.djvu/283

 PUBLIC LAW 94-39—JUNE 19, 1975

89 STAT. 223

institutions of higher education, in planning and carrying out appropriate research, in developing necessary technology and in making necessary observations and measurements; "(2) provide, by way of grant, contract, scholarships or other arrangements, to the maximum extent practicable and consistent with other laws, for the widest practicable and appropriate participation of the scientific and engineering community in the program authorized by this title; and "(3) make all results of the program authorized by this title available to the appropriate regulatory agencies and provide for the widest practicable dissemination of such results. "INTERNATIONAL COOPERATION

"SEC. 404. In carrying out the provisions of this title, the Adminis- 42 USC 2484. tration, subject to the direction of the President and after consultation with the Secretary of State, shall make every effort to enlist the support and cooperation of appropriate scientists and engineers of otner countries and international organizations.". SEC. 9. This Act may be cited as the "National Aeronautics and Short title. Space Administration Authorization Act, 1976". Approved June 19, 1975.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-63 (Comm. on Science and Technology) and No. 94-259 (Comm. of Conference). SENATE REPORT No. 94-103 (Comm. on Aeronautical and Space Sciences). CONGRESSIONAL RECORD, Vol. 121 (1975): Apr. 9, considered and passed House. May 12, considered and passed Senate, amended. June 9, House agreed to conference report. June 10, Senate agreed to conference report.

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Page:United States Statutes at Large Volume 89.djvu/284

 89 STAT. 224

PUBLIC LAW 94-40—JUNE 20, 1975

Public Law 94-40 94th Congress An Act June 20, 1975 [S. 441]

Forest Pest Control Act, amendment.

T^ amend the Forest Pest Control Act of June 25, 1947.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the first sentence of section 5 of the Forest Pest Control Act of June 25, 1947 (61 g^^t. 177; 16 U.S.C. 594-1 through 594-5), is amended by changing the period at the end thereof to a comma and adding the following: "such sums appropriated for fiscal year 1975 and thereafter to remain available until expended.". Approved June 20, 1975.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-212 (Comm. on Agriculture). SENATE REPORT No. 94-16 (Comm. on Agriculture and Forestry). CONGRESSIONAL RECORD, Vol. 121 (1975): Feb. 21, considered and passed Senate. June 3, considered and passed House, amended. June 10, Senate concurred in House amendment.

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 PUBLIC LAW 94-41—JUNE 27, 1975

89 STAT. 225

Public Law 94-41 94th Congress Joint Resolution Making continuing appropriations for the fiscal year 1976, and for other purposes.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated out of any money in the Treasury not otherwise appropriated, and out of applicable corporate or other revenues, receipts, and funds, for the several departments agencies, corporations, and other organizational units of the Government for the fiscal year 1976, namely: SEC. 101. (a)(1) Such amounts as may be necessary for continuing projects or activities (not otherwise specifically provided for in this joint resolution) which were conducted in the fiscal year 1975 and for which appropriations, funds, or other authority would be available in the following appropriation Acts for the fiscal year 1976: Education Division and Related Agencies Appropriations Act; Department of Housing and Urban Development-Independent Agencies Appropriation Act, including the limitation on aggregate loans that may be made under section 202 of the Housing Act of 1959, as amended; Departments of Labor, and Health, Education, and Welfare, and Related Agencies Appropriation Act; Legislative Branch Appropriation Act; Public Works for Water and Power Development and Energy Research Appropriation Act; and Departments of State, Justice, and Commerce, the Judiciary, and Related Agencies Appropriation Act, notwithstanding section 15(a) of the Act entitled, "An Act to provide certain basic authority for the Department of State", approved August 1, 1956, as amended, and section 701 of the United States Information and Educational Exchange Act of 1948, as amended, (2) Appropriations made by this subsection shall be available to the extent and in the manner which would be provided by the pertinent appropriation Act. (3) Whenever the amount which would be made available or the authority which would be granted under an Act listed in this subsection as passed by the House as of July 1, 1975, is different from that which would be available or granted under such Act as passed by the Senate as of July 1, 1975, the pertinent project or activity shall be continued under the lesser amount or the more restrictive authority: Provided, That no provision in any appropriation Act for the fiscal year 1976, which makes the availability of any appropriation provided therein dependent upon the enactment of additional authorizing or other legislation, shall be effective before the date set forth in section 102(c) of this joint resolution. (4) Whenever an Act listed in this subsection has been passed by only one House as of July 1, 1975, or where an item is included in only one version of an Act as passed by both Houses as of July 1, 1975, the pertinent project or activity shall be continued under the appropriation, fund, or authority granted by the one House, but at a rate

June 27, 197o [HJ. Res. 495'] Continuing appropriations, 1976.

12 USC 1701q.

22 USC 2680. 22 USC 1476.

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Page:United States Statutes at Large Volume 89.djvu/286

 89 STAT. 226

88 Stat. 1822. 88 Stat. 822. 88 Stat. 803. Federal Metal and Nonmetallic Mine Safety Board of Review, funds, prohibition. Repeals. 30 USC 721, 729, 730. 30 USC 731. 88 Stat. 2179. 88 Stat. 1212. Ante, p. 17. 22 USC 2412. 22 USC 2680. 88 Stat. 768. 88 Stat. 613.

88 Stat. 276.

PUBLIC LAW 94-41—JUNE 27, 1975 for operations not exceeding the current rate or the rate permitted by the action of the one House, whichever is lower, and under the authority and conditions provided in applicable appropriation acts for the fiscal year 1975: Provided-, That no provision which is included in an appropriation Act enumerated in this subsection but which was not included in the applicable appropriation Act for 1975, and which by its terms is applicable to more than one appropriation, fund, or authority shall be applicable to any appropriation, fund, or authority provided in this joint resolution unless such provision shall have been included in identical form in such bill as enacted by both the House and the Senate. (b) Such amounts as may be necessary for continuing projects or activities (not otherwise provided for in this joint resolution) which were conducted in the fiscal year 1975 and are listed in this subsection at a rate for operations not in excess of the current rate or the rate provided for in the budget estimate, whichever is lower, and under the more restrictive authority— activities for which provision was made in the Agriculturenvironmental and Consumer Protection Appropriation Act, 1975; activities for which provision was made in the District of Columbia Appropriation Act, 1975; activities for which provision was made in the Department of Interior and Related Agencies Appropriation Act, 1975: Provided, That none of the funds made available by this joint resolution shall be obligated or expended to finance directly or indirectly any activities or operations of the Federal Metal and Nonmetallic Mine Safety Board of Review: Provided further, That sections 2 (e), 10, and 11 of the Federal Metal and Nonmetallic Mine Safety Act creating the Board are hereby repealed and section 12 of said Act is hereby amended by striking therein all references to "the Board" and inserting in lieu thereof "the Secretary of the Interior"; activities for which provision was made in the Military Construction Appropriation Act, 1975; activities for which provision was made in the Department of Defense Appropriation Act, 1975; activities for which provision was made in the Foreign Assistance and Related Programs Appropriations Act, 1975, notwithstanding section 10 of Public Law 91-672, and section 15(a) of the Act entitled, "An Act to provide certain basic authority for the Department of State", approved August 1, 1956, as amended; activities for which provision was made in the Department of Transportation and Related Agencies Appropriation Act, 1975; activities for which provision was made in the Treasury, Postal Service, and General Government Appropriation Act, 1975, including payment to the Postal Service Fund at a rate for each quarter of the fiscal year 1976 not to exceed one-quarter of the budget estimate for fiscal year 1976 for the appropriation "Payment to the Postal Service Fund"; activities for which provision was made in the Special Energy Research and Development Appropriation Act, 1975;

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 PUBLIC LAW 94-41—JUNE 27, 1975 the following activities for which provision was made in the Departments of Labor, and Health, Education, and Welfare Appropriation Act, 1975, the Supplemental Appropriations Act, 1975, the Second Supplemental Appropriations Act, 1975, or Public Law 93-324, and amendments thereto: activities under sections 225, 314(e), 317, 318, 319, 329, 472(d), and titles VII, VIII, and X of the Public Health Service Act, as amended; activities under titles II, III, and IV (part B) of the Older Americans Act; activities under sections 409 and 410 of the Drug Abuse Office and Treatment Act of 1972; activities under section 1113 of the Social Security Act, as amended; activities for grants for the developmentally disabled; activities under the Lead Based Paint Poisoning Prevention Act of 1973; activities of the Corporation for Public Broadcasting; activities of the United States Kailway Association; and activities of the Appalachian Regional Commission, other than those under section 201 of the Appalachian Regional Development Act of 1965, as amended. (c) Such amounts as may be necessary for continuing projects or activities for which disbursements are made by the Secretary of the Senate, and the Senate items under the Architect of the Capitol, to the extent and in the manner which would be provided for in the budget estimates for fiscal year 1976. (d) Such amounts as may be necessary for continuing the following activities, but at a rate for operations not in excess of the budget estimate— activities of the Menominee Indian restoration program; activities necessary for studies related to oil and gas leasing on the Outer Continental Shelf; activities necessary for Indian contract support; activities of the Federal Elections Commission; and activities of the Commodity Futures Trading Commission. (e) Such amounts as may be necessary for continuing the following activities, but at a rate for operations not in excess of the current rate unless otherwise provided specifically in this subsection: Provided, That the parenthetical clauses of sections 101(a) and 101(b), and the provisions of sections 102, 103, and 105 shall not apply to the third, seventh, eighth, ninth, tenth, eleventh, and twelfth unnumbered paragraphs of this subsection— activities under section 314(d) of the Public Health Service Act, as amended; activities under title IV, part A of the Older Americans Act; for activities under title IX of the Older Americans Comprehensive Services Amendments of 1973, $30,000,000: Provided, That no State receiving funds under this program will receive less than the amount received in fiscal year 1975 under title III of Public Law 93-203, notwithstanding the provisions of section 906 of Public Law 93-29; activities under the Council on Wage and Price Stability Act;

89 STAT. 227

88 Stat. 1634. 88 Stat. 1771; ^«^e, p. 173. 88 Stat. 281. 42 USC 234, ^46, 247b-247d, 292 296 300 ^^ use 3011 3Q2I 3035. 21 USC 1176, 1177. 42 USC 1313. 42 USC 4801.

40 USC app. 201.

42 USC 246. 42 USC 3031. 42 USC 3061. 29 USC 871. 42 USC 3065. 12 USC 1904 note.

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Page:Hockey, Canada's Royal Winter Game.djvu/91

THE WANDERERS OF HALIFAX ☘

ERE organized into a club in 1882. They have twice won the handsome trophy donated by the Starr Mfg. Co., of Dartmouth, N. S., representing the championship of Halifax. Last year they won the championship of the Maritime Provinces.

Their rivals in the east are the Crescents, of Halifax, whose scientific play deserves special mention.

These two teams would do much to further spread the popularity of hockey by competing away from home with the western sevens.


text: United States Statutes at Large/Volume 40/65th Congress/1st Session/Chapter 53


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Page:United States Statutes at Large Volume 89.djvu/288

 89 STAT. 228

29 USC 981.

42 USC 630.

42 USC 602. 42 USC 631.

42 USC 603.

20 USC 1087a.

87 Stat. 746. 88 Stat. 1634.

42 USC 3246.

PUBLIC LAW 94-41—JUNE 27, 1975 activities of the Commission on Federal Paperwork; activities of the Office of Federal Procurement Policy; for activities under title VI of the Comprehensive Employment and Training Act, $1,625,000,000, to remain available until June 30, 1976; for activities of the Youth Conservation Corps, in addition to amounts made available elsewhere in this joint resolution and otherwise, an amount of $10,000,000, to remain available until the end of the fiscal year following the fiscal year for which appropriated: Provided, That $5,000,000 shall be available to the Secretary of the Interior and $5,000,000 shall be available to the Secretary of Agriculture; for activities under title IV, part C, of the Social Security Act, in addition to amounts made available elsewhere in this joint resolution and otherwise, an amount of $70,000,000 for fiscal year 1976 for carrying out a work incentives program including registration of individuals for such program, and for related child care and supportive services, as authorized by section 402(a) (19)(G) of the Act, including transfer to the Secretary of Labor, as authorized by section 431 of the Act, which together with the previously authorized appropriation for fiscal year 1975, shall be the maximum amount available for transfer to the Secretary of Labor and to which States may become entitled, pursuant to section 403(d) of such Act, for these purposes, for the fiscal year 1975 and for any period in the prior fiscal year provided the prior fiscal year expenditures were claimed on quarterly statements of expenditures received by the Secretary of Health, Education, and Welfare prior to February 1, 1975; for activities under title IV, part C of the Higher Education Act to carry out work-study programs, in addition to amounts made available elsewhere in this joint resolution and otherwise, an amount of $119,800,000, of which $60,000,000 shall remain available through September 30, 1975, and $59,800,000 shall remain available through June 30, 1976: Provided, That funds appropriated in the Departments of Labor, and Health, Education, and Welfare Appropriations Acts for the fiscal years ending June 30, 1974, and June 30, 1975 (Public Laws 9.3-192 and 93-517) for the work-study program under part C of title IV of the Higher Education Act of 1965, which have been granted to an eligible institution whose allocation exceeds the amount needed to operate a work-study program during the period for which those funds are available, shall remain available to the Commissioner for making grants to other eligible institutions until the end of the fiscal year succeeding the fiscal year for which such funds are appropriated: Provided further, That any amounts appropriated for basic opportunity grants for the fiscal year ending June 30, 1974, which are in excess of the amount required to meet the payment schedule announced for the academic year 1974-75, shall remain available for payments under the payment schedule announced for the academic year 1975-76; for activities under the heading Job Opportunities program pursuant to title X of the Public Works and Economic Development Act (Public Law 93-567, December 31, 1974), in addition

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 PUBLIC LAW 94-41—JUNE 27, 1975 to amounts made available elsewhere in this joint resolution and otherwise, an amount of $375,000,000, to remain available until December 31, 1975: Provided, That not to exceed $1,120,000 may be used for administrative expenses: Provided further, That $1,000,000 shall be available until expended, and shall be transferred to "Regional Development Programs", Regional Action Planning Commissions, to carry out programs authorized by title V of the Public Works and Economic Development Act of 1965, as amended; for activities under the heading Rural Water and Waste Disposal Grants pursuant to sections 306(a)(2) and 306(a)(6) of the Consolidated Farm and Rural Development Act, as amended (7 U.S.C. 1926), in addition to amounts made available elsewhere in this joint resolution and otherwise, an amount of $150,000,000 to remain available until expended, pursuant to section 306(d) of the above Act; The following activities for which provision was made in the Agriculture-Environmental and Consumer Protection Appropriation Act, 1975: payments to States and Possessions by the Agricultural Marketing Service; activities of the agricultural conservation program, the forestry incentives program, and the Water Bank Act program; activities of the Farmers Home Administration pertaining to rural housing for domestic farm labor, and mutual and self-help housing; food programs under section 32 of the Act of August 24, 1935, and section 416 of the Agricultural Act of 1949, as amended, including cost-of-living increases mandated by law and the School Breakfast program; activities of the Federal Energy Administration as they relate to the petroleum allocation program; activities of the legal services program; and notwithstanding the sixth clause of subsection (b) of this section, activities of the Department of State for assistance to refugees from the Soviet Union shall be funded at not to exceed an annual rate for obligations of $20,000,000, notwithstanding section 15 (a) of the Act entitled, "An Act to provide certain basic authority for the Department of State", approved August 1, 1956, as amended, and section 10 of Public Law 91-672; notwithstanding the sixth clause of subsection (b) of this section, activities of the Department of Health, Education, and Welfare for assistance to refugees in the United States (Cuban Program) shall be funded at not to exceed the annual rate for obligations of $90,000,000. (f) Such amounts as may be necessary to permit payments and assistance mandated by law for the following activities which were conducted in fiscal year 1975— activities under the Railroad Retirement Act, as amended; activities under title X VI of the Social Security Act, as amended; activities under the Food Stamp Act, the Child Nutrition Act, and the School Lunch Act, as amended, except for section 17(b) of the Child Nutrition Act of 1966;

89 STAT. 229

42 USC 3181.

88 Stat. 1822,.

16 USC 1301 "o*®-

7 USC 612c. 7 USC 1431.

22 USC 2680. 22 USC 2412.

48 Stat. 1283.

42 USC 1381. 7 USC 2011 note, 42 USC 1771 note. 42 USC 1751 note. 42 USC 1786.

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 89 STAT. 230

PUBLIC LAW 94-41—JUNE 27, 1975

retirement pay and medical benefits for commissioned officers of the Public Health Service; grants to States for public assistance; activities under the Federal Coal Mine Health and Safety Act of 1969, as amended; and 30 USC 801 note. activities funded from the fiscal year 1975 appropriation to the Department of Labor, Employment Standards Administration, for "special benefits". Standard level (g) Applicable appropriations made by this joint resolution shall user charges, not be available for paying to the Administrator of the General Servlimitation. ices Administration in excess of 90 per centum of the standard level user charge established pursuant to section 210(j) of the Federal Prop40 USC 490. erty and Administrative Services Act of 1949, as amended, for space and services. SEC. 102. Appropriations and funds made available and authority granted pursuant to this joint resolution shall be available from July 1, 1975, and shall remain available until (a) enactment into law of an appropriation for any project or activity provided for in this joint resolution, or (b) enactment of the applicable appropriation Act by both Houses without any provision for such project or activity, or (c) sine die adjournment of the first session of the Ninety-fourth Congress, whichever first occurs. SEC. 103. Appropriations and funds made available or authority granted pursuant to this joint resolution may be used without regard to the time limitations for submission and approval of apportionments set forth in 31 U.S.C. 665(d)(2), but nothing herein shall be construed to waive any other provision of law governing the apportionment of funds. SEC. 104. Appropriations made and authority granted pursuant to this joint resolution shall cover all obligations or expenditures incurred for any project or activity during the period for which funds or authority for such project or activity are available under this joint resolution. SEC. 105. Expenditures made pursuant to this joint resolution shall be charged to the applicable appropriation, fund, or authorization whenever a bill in which such applicable appropriation, fund, or authorization is contained is enacted into law. SEC. 106. No appropriation or fund made available or authority granted pursuant to this joint resolution shall be used to initiate or resume any project or activity for which appropriations, funds, or other authority were not available during the fiscal year 1975. SEC. 107. Any appropriation for the fiscal year 1976 required to be apportioned pursuant to 31 U.S.C. 665, may be apportioned on a basis indicating the need (to the extent any such increases cannot be absorbed within available appropriations) for a supplemental or deficiency estimate of appropriation to the extent necessary to permit payment of such pay increases as may be granted pursuant to law to civilian officers and employees and to active and retired military personnel. Each such appropriation shall otherwise be subject to the requirements of 31 U.S.C. 665. SEC. 108. All obligations incurred in anticipation of the appropriations and authority provided in this joint resolution are hereby ratified and confirmed if otherwise in accordance with the provisions of this joint resolution.

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 PUBLIC LAW 94-41—JUNE 27, 1975 SEC. 109. None of the funds herein made available shall be obligated or expended to finance directly or indirectly any assistance to North Vietnam, South Vietnam, Cambodia, or Laos, nor shall any funds herein made available be channeled through or administered by international organizations. United Nations organizations, multilateral organizations, voluntary agencies, or any other comparable organizations or agencies in order to finance any assistance to North Vietnam, South Vietnam, Cambodia, or Laos. SEC, 110. Any provision of law which requires unexpended funds to return to the general fund of the Treasury at the end of the fiscal year shall not be held to affect the status of any lawsuit or right of action involving the right to those funds. SEC. 111. Unobligated balances as of June 30, 1975, of funds heretofore made available under the authority of Chapter X of Part I of the Foreign Assistance Act of 1961, as amended, are hereby continued available for the same general purposes for which appropriated. Approved June 27, 1975.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-289 (Comm. on Appropriations). SENATE REPORT No. 94-201 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 121 (1975): June 17, considered and passed House. June 19, considered and passed Senate, amended. June 20, House concurred in Senate amendments.

89 STAT. 231 Southeast Asia, assistance, prohibition of funds.

22 USC 2293.

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 89 STAT. 232

PUBLIC LAW 94-42—JUNE 28, 1975

Public Law 94-42 94th Congress Joint Resolution June 28, 1975 [SJ. Res. 94]

Defense production Act of 1950, amendment; National Commission on Productivity and Work Quality, funding extension. 50 USC app. 2166. 15 USC 1026.

To extend by ninety days the expiration date of the Defense Production Act of 1950 and to extend the funding of the National Commission on Productivity and Work Quality for ninety days.

Resolved T)y the Senate aind House of Representatives of the United States of America in Congress assembled, That the first sentence of section 717(a) of the Defense Production Act of 1950 is amended by striking out "June 30, 1975" and inserting in lieu thereof "September 30, 1975". SEC. 2. Subsection (j) of Public Law 93-311 is amended by adding at the end thereof the following new sentence: "In addition, there are authorized to be appropriated such sums as may be necessary to carry out the provisions of this section during the period from July 1, 1975, through September 30, 1975.". Approved June 28, 1975.

LEGISLATIVE HISTORY: CONGRESSIONAL RECORD, Vol. 121 (1975): June 10, considered and passed Senate. June 17, considered and passed House.

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 PUBLIC LAW 9 4 - 4 3 — J U N E 28, 1975

89 STAT. 2 3 3

Public Law 94-43 94th Congress An Act Relating to the operation of certain education laws.

June 28, 1975 [H.R. 4221]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may Emergency Technical be cited as the "Emergency Technical Provisions Act". Provisions Act. 42 USC 2756 AVAILABILITY OF FUNDS FOR COLLEGE WORK-STUDY PROGRAMS note. SEC. 2. Section 446 of the H i g h e r Education Act of 1965 is amended 42 USC 2756. by inserting " (a) " after " SEC. 446." and by adding the following new subsection at the end thereof: " (b) Sums granted to an eligible institution under this part for any fiscal year which are not needed by that institution to operate workstudy program s during the period for which such funds are available shall remain available to the Commissioner for making grants under section 443 to other institutions in the same State until the close of the 42 USC 2753. fiscal year next succeeding the fiscal year for which such funds were appropriated." DURATION o r THE NATIONAL ADVISORY COUNCIL ON EQUALITY OF EDUCATIONAL OPPORTUNITY

SEC. 3. Section 716(b) of the Emergency School Aid Act is amended 20 USC 1615. by striking out " July 1, 1975" and inserting in lieu thereof "September 30, 1976". AVAILABILITY OF BASIC EDUCATIONAL OPPORTUNITY GRANTS

SEC. 4. Funds appropriated for making payments of basic educational opportunity grants, during fiscal year 1975, under subpart 1 of part A of title IV of the H i g h e r Education Act of 1965 to eligible students in accordance with the payment schedule in effect under section 411(b) for fiscal year 1975 which are in excess of the amount paid under such section prior to the end of such fiscal year shall remain available for payments under such section during fiscal year 1976.

20 USC 1070a note. 20 USC 1070a.

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 89 STAT. 234

PUBLIC LAW 94-43—JUNE 28, 1975 EFFECTIVE DATE

42 USC 2756 '^°*^20 USC 1232.

SEC. 5. (a) The amendment made by the provisions of section 2 of this Act shall be effective with respect to appropriations for fiscal years beginning after June 30, 1974. (b) Subsections (b) and (d) of section 431 of the General Education Provisions Act shall not operate to delay the effectiveness of regulations issued by the Commissioner of Education to implement the provisions of this Act. Approved June 28, 1975.

LEGISLATIVE HISTORY: HOUSE REPORTS No. 94-55 (Coram, on Education and Labor) and No. 94-278 (Coram, of Conference). SENATE REPORT No. 94-141 (Coram, on Labor and Public Welfare). CONGRESSIONAL RECORD, Vol. 121 (1975): Mar. 18, considered and passed House. May 20, considered and passed Senate, amended. June 10, Senate agreed to conference report. June 16, House agreed to conference report.

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 PUBLIC LAW 94-44—JUNE 28, 1975

89 STAT. 235

Public Law 94-44 94th Congress An Act To amend section 1113 of the Social Security Act to make permanent the program of temporary assistance for United States citizens returned from abroad, subject to specific limitations on the aggregate dollar amount of such assistance which may be provided and on the period for which such assistance may be furnished in any particular case, and for other purposes.

Be it enacted 'by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1113(d) of the Social Security Act is amended to read as follows: "(d) The total amount of temporary assistance provided under this section shall not exceed— "(1) $8,000,000 during the fiscal years ending June 30, 1975, and June 30, 1976, and the succeeding calendar quarter, or "(2) $300,000 during any fiscal year beginning on or after October 1, 1976.". SEC. 2. Section 1113(c) of the Social Security Act is amended by striking out "for such period after their arrival as may be provided in regulations of the Secretary" and inserting in lieu thereof the following: "for such period after their arrival, not exceeding ninety days, as may be provided in regulations of the Secretary; except that assistance under this section may be furnished beyond such ninety-day period in the case of any citizen or dependent upon a finding by the Secretary that the circumstances involved necessitate or justify the furnishing of assistance beyond such period in that particular case". SEC. 3. (a) Section 8(a)(1) of Public Law 93-233, as amended, is amended by striking out "18-month period", where it appears in the inatter preceding the colon and in the new sentence added by such section, and inserting in lieu thereof in each instance "30-month period". (b) Subsections (a)(2), (b)(1), (b)(2), (b)(3), and (e) of section 8 of such public law, as amended, are each amended by striking out "18-month period" and inserting in lieu thereof "30-month period". Approved June 28, 1975.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-209 (Comm. on Ways and Means). SENATE REPORT No. 94-176 (Comm. on Finance). CONGRESSIONAL RECORD, Vol. 121 (1975): May 20, considered and passed House. June 6, considered and passed Senate, amended. June 20, House concurred in Senate amendments.

June 28, 1975 [H.R. 6698]

Social Security Act, amendmfjnt; food stamp eligibility, extension. 42 USC 1313.

7 USC 2012 note.

7 USC 612c note, 1431 note, 2012 note, 42 USC 1382e note.

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 8 9 STAT. 236

PUBLIC LAW 94-45—JUNE 30, 1975

Public Law 94-45 94th Congress An Act June 30, 1975 [H.R. 6900]

Emergency Compensation and Special Unemployment Assistance Extension Act of 1975. 26 USC 3304 note.

To provide an additional thirteen weeks of benefits under the emergency unemployment compensation program and the special unemployment assistance program, to extend the special unemployment assistance program for one year, and for other purposes. Be it enacted by the Senate and House of Representatives United States of America in Congress assembled,

of the

SHORT TITLE

SECTION 1. T h i s Act may be cited as the "Emergency Compensation and Special Unemployment Assistance Extension Act of 1975". TITLE I—UNEMPLOYMENT COMPENSATION PEOGEAMS PART A—EMERGENCY UNEMPLOYMENT

COMPENSATION

EMERGENCY PERIODS j BENEFIT WEEKS EXTENDED W H E N STATE UNEMPLOYMENT RATE IS H I G H

26 USC 3304 note.

26 USC 3304 note.

SEC. 101. (a)(1) Section 102(c)(3)(B)(i) of the Emergency Unemployment Compensation Act of 1974 is amended— (A) by inserting " (I) " immediately after "if", and (B) by inserting immediately before the period a t the end thereof the following: ", and ( II) the rate of insured unemployment in such State for the period consisting of such week and the immediately preceding twelve weeks equaled or exceeded 5 per centum". (2) Section 102(c)(3)(B) (ii) of such Act is amended to read as follows: " (ii) For purposes of subparagraph (A), there is a State 'emergency off' indicator for a week if the rate of insured unemployment in such State for the period consisting of such week and the immediately preceding twelve weeks is less than 5 per centum.". (b) Section 102(e) of such Act is amended to read as follows: " (e)(1) Any agreement under this Act with a State shall provide that the State will establish, for each eligible individual who files an application for emergency compensation, an emergency compensation account. " (2) Subject to the provisions of paragraph (3), the amount established in such account for any individual shall be equal to the lesser of— " (A) 100 per centum of the total amount of regular compensation (including dependents' allowances) payable to him with respect to the benefit year (as determined under the State law) on the basis of which he most recently received regular compensation, or " (B) twenty-six times his average weekly benefit amount (as determined for purposes of section 202(b)(1)(C) of the FederalState Extended Unemployment Compensation Act of 1970) for his benefit year.

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 PUBLIC LAW 94-45—JUNE 30, 1975 "(3) Notwithstanding paragraph (2), the total amount of emergency compensation payable to any individual for weeks of unemployment which begin in a 5-per centum period (as defined in section 105 (5)) shall not exceed the lesser of— "(A) 50 per centum of the total amount of regular compensation (including dependents' allowances) payable to him with respect to the benefit year (as determined under the State law) on the basis of which he most recently received regular compensation, or " (B) thirteen times his average weekly benefit amount (as determined for purposes of section 202(b)(1)(C) of the FederalState Extended Unemployment Compensation Act of 1970) for his benefit year. "(4) The amounts determined under paragraphs (2) and (3) with respect to any individual shall each be reduced by the amount of any assistance paid to such individual under title II of the Emergency Jobs and Unemployment Assistance Act of 1974 for any weeks of unemployment in the 65-week period preceding the first week of unemployment with respect to which compensation is payable to such individual under this Act.". (c) Section 102(b)(2) of such Act is amended to read as follows: " (2) for any week of unemployment which— "(A) begins in— "(i) an emergency benefit period (as defined in subsection (c)(3)), and "(ii) the individual's period of eligibility (as defined in section 105(2)); or "(B) begins in an individual's additional eligibility period (as defined in section 105(4)).". (d) Section 105 of such Act is amended— (1) in paragraph (2), by striking out "and" at the end thereof, (2) by striking out the period at the end of paragraph (3) and inserting in lieu thereof a semicolon, and (3) by inserting after paragraph (3) the following new paragraphs: "(4) the term 'additional eligibility period' means the thirteenweek period following the week in which an emergency benefit period ends in a State, as determined under section 102(c)(3); but no individual shall have an additional eligibility period unless there was payable to him in such State, for the week in which such emergency benefit period ended, either emergency compensation under this Act or extended compensation under the Federal-State Extended Unemployment Compensation Act of 1970; "(5) the term '5-per centum period' means a period in a State which begins with the third week after the first week in which the rate of insured unemployment in the State for the period consisting of such first week and the immediately preceding twelve weeks is less than 6 per centum and which ends with the second week after the first week in which the rate of insured unemployment in the State for the period consisting of such first week and the immediately preceding twelve weeks equals or exceeds 6 per centum; except that no 5-per centum period shall begin in any State prior to the fourteenth Aveek after the last week in a preceding 5-per centum period in such State; "(6) the term 'rate of insured unemployment' means the percentage arrived at by dividing the average weekly number of individuals filing claims for weeks of unemployment with respect

89 STAT. 237

Infra.

26 USC 3304 note.

26 USC 3304 note.

26 USC 3304 note.

Infra. 26 USC 3304 note.

"Additional eligibility period."

"5-per centum period."

"Rate of insured unemployment."

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 8 9 STAT. 2 3 8

26 USC 3304 note. Ante, p. 65. Effective date. 26 USC 3304 ^^^^-

PUBLIC LAW 94-45—JUNE 30, 1975 to the specified period (as determined on the basis of the reports made by the State agency to the Secretary) by the average monthly covered employment for the specified period; " (7) the rate of insured unemployment for any thirteen-week period shall be determined by reference to the average monthly covered employment under the State law for the first four of the most recent six calendar quarters ending before the close of such period; and " (8) determinations with respect to the rate of insured unemployment in a State shall be made by the State agency in accordance with regulations prescribed by the Secretary.". (e) Section 102(c)(3)(A) (ii) of such Act is amended by inserting immediately before the period at the end thereof the following: ", and no emergency benefit period which began prior to January 1, 1976, shall end prior to such date". (f) Section 102(e)(3) of such Act is amended by striking out " July 1, 1975" and inserting in lieu thereof " January 1, 1976". (g) The amendments made by subsections (a) through (e) of this section shall be effective with respect to weeks of compensation which begin on or after January 1, 1976. EXTENSION o r

26 USC 3304 note. 26 USC 3304 note.

PROGRAM

SEC. 102. (a) Section 102(f)(2) of the Emergency Unemployment Compensation Act of 1974 is amended by striking out "after—" and all that follows and inserting in lieu thereof "after March 31, 1977.". (b) The last sentence of section 2 0 3 (e)(2) of the Federal-State E x t e n d e d Unemployment Compensation Act of 1970 is amended by striking out "December 31, 1976" and inserting in lieu thereof "March 31, 1977". CONDITIONS OF ELIGIBILITY FOR BENEFITS

26 USC 3304 note.

SEC. 103. (a) Section 102 of the Emergency Unemployment Compensation Act of 1974 is amended by adding at the end thereof the following new subsection: "(g) Notwithstanding the preceding provisions of this section, emergency compensation shall not be payable for any week to an individual who is not a participant in a training program which is approved by the Secretary if— "(1) the State determines that there is a need for upgrading or broadening such individual's occupational skills and a program which is approved by the Secretary for such upgrading or broadening is available within a reasonable distance and without charge to the individual for tuition or fees, and "(2) such individual is not an applicant to participate in such a program.". STUDY A N D REPORT BY SECRETARY OF LABOR

Report to Congress. 26 USC 3304 9fi*TTs;r ^^n/L 26 USC 3304 26 USC 3304 jjQjg

SEC. 104. The Secretary of Labor shall conduct a study and review Qf the program established by the Emergency Unemployment Compensation Act of 1974 and the program established under title II of gj^^jj submit to the Congress not later than January 1, 1977, a report ^^ such study and review. Such study and review shall include— (1) the employment, economic, and demographic characteristics of individuals receiving benefits under either such program,
 * ^^ Emergency Jobs and Unemployment Assistance Act of 1974 and

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 PUBLIC LAW 94-45—JUNE 30, 1975

89 STAT. 239

(2) the needs of the long-term unemployed for job counseling, testing, referral and placement services, skill and apprenticeship training, career-related education programs, and public service employment opportunities, and (3) an exammation of all other benefits to which individuals receiving benefits under either such program are eligible together with an investigation of important factors affecting unemployment, a comparison of the aggregate value of such other benefits plus benefits received under either such program with the amount of compensation received by such individuals in their most recent position of employment. MODIFICATION OF AGREEMENTS

SEC. 105. The Secretary of Labor shall, at the earliest practicable date after the date of the enactment of this Act, propose to each State with which he has in effect an agreement under section 102 of the Emergency Unemployment Compensation Act of 1974 a modification of such agreement designed to provide for the payment of the emergency compensation benefits allowable under such Act by reason of the amendments made by this part. Notwithstanding any provision of the Emergency Unemployment Compensation Act of 1974, if any State fails or refuses, within the three-week period beginning on the date of the enactment of this Act, to enter into such a modification of such agreement, the Secretary of Labor shall terminate such agreement. COORDINATION W I T H

SPECIAL UNEMPLOYMENT

26 USC 3304 note, 26 USC 33CI4 ^"t^-

ASSISTANCE

SEC. 106. Section 102(e) of the Emergency Unemployment Compensation Act of 1974 (as in effect on the day before the date of the Ante, p. 65. enactment of this Act) is amended, effective July 1, 1975, by adding at the end thereof the following new paragraph: "(4) The amount determined under paragraphs (2) and (3) with respect to any individual shall each be reduced by the amount of any assistance paid to such individual under title II of the Emergency Jobs and Unemployment Assistance Act of 1974, for any weeks of 26 USC 3304 unemployment in the 65-week period preceding the first week of unem- note, ployment with respect to which compensation is payable to such individual under this Act.". PART B—MISCELLANEOUS REPAYMENT OF STATE LOANS

SEC. 110. (a) Section 3302(c)(3) of the Internal Revenue Code of 1954 is amended by adding at the end thereof the following new sen- 26 USC 33Ci2. tence: "The provisions of the preceding sentence shall not be applicable with respect to the taxable year beginning January 1, 1975, or any succeeding taxable year which begins before January 1, 1978; and, for purposes of such sentence, January 1, 1978, shall be deemed to be the first January 1 occurring after January 1, 1974, and consecutive taxable years in the period commencing January 1, 1978, shall be determined as if the taxable year which begins on January 1, 1978, were the taxable year immediately succeeding the taxable year which began on January 1, 1974.". (b)(1) The amendment made by subsection (a) shall not be appli- 26 USC 3302 cable in the case of any State unless the Secretary of Labor finds that "^te. such State has studied and taken appropriate action with respect to the financing of its unemployment programs so as substantially to accom-

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 89 STAT. 240

PUBLIC LAW 94-45—JUNE 30, 1975

plish the purpose of restoring the fiscal soundness of the State's unemployment account in the Unemployment Trust Fund and permitting the repayment within a reasonable time of any advances made to such 42 USC 1321. account under title X II of the Social Security Act. For purposes of the preceding sentence, appropriate action with respect to the financing of a State's unemployment programs means an increase in the State's unemployment tax rate, an increase in the State's unemployment tax base, a change in the experience rating formulas, or a combination thereof. Regulations, (2) The Secretary of Labor shall promptly prescribe and publish publication in in the Federal Register regulations setting forth the criteria according Federal Register, to which he will determine the requirements of the preceding paragraph. Publication in (3) Immediately after he makes a determination with respect to any Federal Register. State under paragraph (1), the Secretary of Labor shall publish such determination, together with his reasons therefor, in the Federal Register. TITLE II—AMENDMENTS OF EMERGENCY JOBS AND UNEMPLOYMENT ASSISTANCE ACT OF 1974 EXTENSION OF SPECIAL UNEMPLOYMENT ASSISTANCE

26 USC 3304 note.

26 USC 3304 note.

SEC. 201. (a) Section 206 of the Emergency Jobs and Unemployment Assistance Act of 1974 is amended by striking out so much of the first sentence as precedesProvided, That" and inserting in lieu thereof the following: "Except as provided by subsection (b), the maximum amount of assistance under this title which an eligible individual shall be entitled to receive during any special unemployment assistance benefit year shall be 150 per centum of the maximum amount that would have been payable to such individual during such benefit year as computed under the provisions of the applicable State unemployment compensation law, but not exceeding thirty-nine times the weekly benefit payable to the individual for a week of total unemployment as determined under subsection (a) of section 205:". (b) Section 208 of such Act is amended— (1) by striking out "March 31, 1976" and inserting in lieu thereof "March 31, 1977"; and (2) by striking out "December 31, 1975" and inserting in lieu thereof "December 31, 1976". DENIAL o r SPECIAL UNEMPLOYMENT ASSISTANCE I N CASE GE CERTAIN EMPLOYEES OF EDUCATIONAL INSTITUTIONS

26 USC 3304 note.

SEC. 202. Section 203 of the Emergency Jobs and Unemployment Assistance Act of 1974 is amended by inserting " (a) " after " S E C 203." and by adding at the end thereof the following new subsection: "(b) An individual who performs services in an instructional, research, or principal administrative capacity for an educational institution or agency shall not be eligible to receive a payment of assistance or a waiting period credit with respect to any week commencing during the period between two successive academic years (or, when the contract provides instead for a similar period between two regular but not successive terms, during such similar period) if— "(1) such individual performed services in any such capacity for any educational institution or agency in the first of such academic years or terms; and

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 PUBLIC LAW 94-45—JUNE 30, 1975

89 STAT. 241

"(2) such individual has a contract to perform services in any such capacity for any educational institution or agency for the later of such academic years or terms.". TECHNICAL AND CLARIFYING

AMENDMENTS

SEC. 203. (a) Section 210 of the Emergency Jobs and Unemployment Assistance Act of 1974 is amended by adding at the end thereof 26 USC 3304 note. the following new section: "(c) Employment and wages which are not covered by the State law may be treated, under sections 203(a)(1), 205(a), and 206(a), as Ante, p. 240. 26 USC 3304 though they were covered only if the employment— "(1) is performed by an employee (as defined in section 3121 note. Post, p. 242. (d) of the Internal Revenue Code of 1954), and "(2) constitutes employment as determined under section 3306 26 USC 3121. (c) of such Code without regard to paragraphs (1) through (9), (10)(B)(ii), (14), (15), and (17) of such section. For purposes of paragraph (2), section 3306(c) of such Code shall be applied as if the term 'United States' includes the Virgin Islands.". (b)(1) Section 205 of such Act is amended— (A) by striking out the last sentence of subsection (b); and (B) by adding at the end thereof the following new subsections: "(c) If an individual knowingly has made, or caused to be made by Fraud. another, a false statement or representation of a material fact, or knowingly has failed, or caused another to fail, to disclose a material fact, and as a result of such false statement or representation or of such nondisclosure such individual has received an amount of assistance under this title to which he was not entitled, such individual— "(1) shall be ineligible for further assistance under this title in accordance with the provisions of the applicable State unemployment compensation law relating to fraud in connection with a claim for unemployment compensation; and "(2) shall be subject to prosecution under section 1001 of tit^e 18, United States Code. "(d)(1) In the case of individuals who have received amounts of Repayment of assistance under this title to which they were not entitled, the State is unentitled authorized to require such individuals to repay the amounts of such assistance. assistance to the State agency, except that the State agency may waive such repayment if it determines that— "(A) the payment of such assistance was without fault on the part of any such individual, and "(B) such repayment would be contrary to equity and good conscience. "(2) The State agency may recover the amount to be repaid, or any part thereof, by deductions from any assistance payable under this title or from any unemployment compensation payable to such individual under any Federal unemployment compensation law administered by the State agency or under any other Federal law administered by the State agency which provides for the payment of any assistance or allowance with respect to any week of unemployment, during the threeyear period after the date such individuals received the payment of the assistance to which they were not entitled, except that no single deduction may exceed 50 per centum of the weekly benefit amount from which such deduction is made. "(3) No repayment shall be required, and no deduction shall be Notice and made, until a determination has been made, notice thereof and an hearing. opportunity for a fair hearing has been given to the individual, and the determination has become final.

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Page:United States Statutes at Large Volume 89.djvu/302

 89 STAT. 242 Review.

"State agency." "Special unemployment assistance benefit year."

Ante, p. 240.

PUBLIC LAW 94-45—JUNE 30, 1975 "(e) Any determination hj a State agency under subsection (c) or (d) shall be subject to review in the same manner and to the same extent as determinations under the State unemployment compensation law, and only in that manner and to that extent.". (2) Section 210(a) of such Act is amended by striking out "and" at the end of paragraph (3), by striking out the period at the end of paragraph (4) and inserting in lieu thereof a semicolon, and by adding at the end thereof the following new paragraphs: " (5) 'State agency' means the agency of the State which administers the program established by this title; and "(6) 'special unemployment assistance benefit year' means the fifty-two week period beginning with the first week for which an individual files a valid claim for special unemployment assistance.". (c) Section 206 of such Act is amended by inserting " (a) " after "SEC. 206." and by adding at the end thereof the following new subsection: "(b) In the case of any individual who files a claim for assistance under this title during a benefit year which such individual has established under any State unemployment compensation law, the maximum amount of assistance under this title which such individual shall be entitled to receive during the special unemployment assistance benefit year established pursuant to such claim (as determined under subsection (a) without regard to this subsection) shall be reduced by the amount of any unemployment compensation received during the benefit year established under the State unemployment compensation law.". (d) Paragraph (4) of section 203(a) of such Act (as amended by section 202 of this Act) is amended by striking out "subsection (b) " and inserting in lieu thereof "paragraph (2)". EFFECTIVE DATES

26 USC 3304 note.

26 USC 3304 note.

26 USC 3304 note.

SEC. 204. (a) The Secretary of Labor shall, at the earliest practicable date after the date of the enactment of this Act, propose to each State with which he has in effect an agreement under section 202 of the Emergency Jobs and Unemployment Assistance Act of 1974 a modification of such agreement designed to provide for the payment of the special unemployment assistance allowable under such Act by reason of the amendments made by section 201. Notwithstanding any other provision of law, if any State fails or refuses, within the threeweek period beginning on the date of the enactment of this Act, to enter into such a modification of any such agreement, the Secretary of Labor shall terminate such agreement. (b) Assistance shall be payable to individuals under agreements entered into by States under title II of the Emergency Jobs and Unemployment Assistance Act of 1974, by reason of the amendments made by section 201 of this Act, for weeks of unemployment beginning on or after July 1, 1975. (c) The amendments made by section 202 and subsections (c) and (d) of section 203 shall apply to weeks of unemployment beginning after the date of the enactment of this Act. (d) The amendment made by section 203(a) shall take effect on December 31, 1974. (e) The amendments made by subsections (b) and (e) of section 203 shall take effect on the date of the enactment of this Act.

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Page:United States Statutes at Large Volume 89.djvu/303

 PUBLIC LAW 94-45—JUNE 30, 1975

89 STAT. 243

TITLE III—LOANS TO THE UNEMPLOYMENT FUND OF THE VIRGIN ISLANDS SEC. 301. (a) The Secretary of Labor (hereinafter in this section referred to as the "Secretary") may make loans to the Virgin Islands in such amounts as he determines to be necessary for the payment in any month of compensation under the unemployment compensation law of the Virgin Islands. A loan may be made under this subsection for the payment of compensation in any month only if— (1) the Governor of the Virgin Islands submits an application therefor no earlier than the first day of the preceding month; and (2) such application contains an estimate of the amount of the loan which will be required by the Virgin Islands for the payment of compensation in such month. (b) For purposes of this section— (1) an application for loan under subsection (a) shall be made on such forms and shall contain such information and data (fiscal and otherwise) concerning the operation and administration of the unemployment compensation law of the Virgin Islands as the Secretary deems necessary or relevant to the performance of his duties under this section; (2) the amount required by the Virgin Islands for the payment of compensation in any month shall be determined with due allowance for contingencies and taking into account all other amounts that will be available in the unemployment fund of the Virgin Islands for the payment of compensation in such month; and (3) the term "compensation" means cash benefits payable to individuals with respect to their unemployment, exclusive of expenses of administration. (c) Any loan made under subsection (a) shall be repayable (without interest) not later than January 1, 1978. If after January 1, 1978, any portion of any such loan remains unpaid, the Virgin Islands shall pay interest thereon, until the loan is paid in full, at a rate equal to the rate of interest in effect under section 6621 of the Internal Revenue Code of 1954. If at some future date the Federal Unemployment Tax Act shall be made applicable to the Virgin Islands, then, any amount of principal or interest due on any such loan remaining unpaid on such date shall be treated, for purposes of section 3302(c)(3) of the Internal Revenue Code of 1954, as an advance made to the Virgin Islands under title X II of the Social Security Act. (d) No loan may be made under subsection Ca) for any month beginning after June 30, 1976. The aggregate of the loans which may be made under subsection (a) shall not exceed $5,000,000. (e) There are authorized to be appropriated from the general fund of the Treasury such sums as may be necessary to carry out this section. SEC. 302. Section 3302(c)(4)(A) of the Internal Revenue Code of 1954 is amended by striking out "July 1, 1975" and inserting in lieu thereof "July 15, 1975".

26 USC 3304 note.

"Compensation.'

26 USC 6621. 26 USC 3311. 26 USC 3302. 42 USC 1321. Loan limitations.

Appropriation authorization.

TITLE IV—MISCELLANEOUS TAX CREDIT FOR PURCHASE OF NEW PRINCIPAL RESIDENCE

SEC. 401. (a) Section 44(e) of the Internal Revenue Code of 1954 (relating to property to which the credit for purchase of new principal residence applies) is amended by striking out paragraph (4) and inserting in lieu thereof the following:

Ante, p. 32.

26 USC 44.

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Page:United States Statutes at Large Volume 89.djvu/304

 89 STAT. 244

PUBLIC LAW 94-45—JUNE 30, 1975

"(4) CERTIFICATION MUST BE ATTACHED TO RETURN.—This section does not apply to any residence (other than a residence constructed by the taxpayer) unless there is attached to the return of tax on which the credit is claimed a written certification (which may be in any form) signed by the seller of such residence that— "(A) construction of the residence began before March 26, 1975, and "(B) the purchase price of the residence is the lowest price at which the residence was offered for sale after February 28, 1975. For purposes of this paragraph, a written certification filed by a taxpayer is sufficient whether or not it is on a form prescribed by the Secretary or his delegate so long as such certification is signed by the seller and contains the information required under this paragraph.". Ante, p. 32. _(b) Section 208(b) of the Tax Reduction Act of 1975 (relating to 26 USC 44 note, suits to recover amounts of price increases) is amended by striking out "ever offered for sale," each time it appears therein and inserting in lieu thereof "offered for sale after February 28, 1975,". Approved June 30, 1975.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-220 (Comm. on Ways and Means) and No. 94-328 (Comm. of Conference). SENATE REPORT No. 94-200 (Comm. on Labor and Public Welfare). CONGRESSIONAL RECORD, Vol. 121 (1975): May 21, considered and passed House. June 20, considered and passed Senate, amended. June 26, House and Senate agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 11, No. 27: June 30, Presidential statement.

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Page:Hockey, Canada's Royal Winter Game.djvu/92

Mr. Hugh Baird, captain and cover-point of the Montreal Hockey team, contributes the following in connection with the position, in which he has risen to such high distinction:

"The cover-point is a combination of a defence man and a forward, and is allowed, in virtue of the fact, more latitude with respect to leaving his position, than any man on the team, except the rover.

"In his capacity of a defence player he should linger around his goals as long as the puck is near, and be very careful when he secures it in front of the poles. When the play is at the other end of the rink, the cover-point should advance to about the middle, so that when the puck is lifted down, he may return it without loss of time, in order to keep the game centered around his opponents’ goals, and to save his forwards the trouble of skating up to him so that they may again "get into play." It is by playing far up under these circumstances that a clever cover-point can shine to the advantage of his team. If he has a good opening he should shoot well for the goals, but if he has not, he should, as I have said, return the puck instantaneously.

When in this position, far from his goals, a cover-point is suddenly confronted by an


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Page:United States Statutes at Large Volume 89.djvu/305

 PUBLIC LAW 94-46—JUNE 30, 1975

89 STAT. 245

Public Law 94-46 94th Congress An Act To continue for a temporary period the existing suspension of duty on certain istle.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) item 903.90 of the Appendix to the Tariff Schedules of the United States (19 U.S.C. 1202) is amended by striking out "9/5/75" and inserting in lieu thereof "6/30/78". (b) The amendment made by subsection (a) shall apply with respect to articles entered, or withdrawn from warehouse, for consumption after September 5, 1975. SEC. 2. Section 101(f) of Public Law 93-647 is amended by striking "July 1, 1975" and inserting in lieu thereof "August 1, 1975". Approved June 30, 1975.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-297 (Comm. on Ways and Means). CONGRESSIONAL RECORD, Vol. 121 (1975): June 24, considered and passed House. June 26, considered and passed Senate, amended; House concurred in Senate amendment.

57-194 O - 77 - 20

June 30. 1975 [H.R. 7709] Istle, duty suspension, extension. Effective date. 19 USC 1202 note. Child support. 42 USC 651 note.

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Page:United States Statutes at Large Volume 89.djvu/306

 89 STAT. 246

PUBLIC LAW 94-47—JUNE 30, 1975

Public Law 94-47 94th Congress An Act June 6v, 1975 [H.R. 8030]

ij.^^ increase the temporary debt limitation until November 15, 1975.

Be it enacted by the Senate and House of Representatives of the Public debt limit. United States of America in Congress assembled, That during the Temporary period beginning on the date of the enactment of this Act and ending oVTrcfr'-TCTk ^^ November 15, 1975, the public debt limit set forth in the first 31 USC 757b sentence of section 21 of the Second L i b e r t y B o n d Act (31 U.S.C. °°*^757b) shall be temporarily increased by $177,000,000,000. Repeal; effective SEC. 2. Effective on the date of the enactment of this Act, the first date. section of the Act of February 19, 1975, entitled "An Act to increase 31 USC 757b the temporary debt limitation and to extend such temporary limitation °«*®until June 30, 1975" (Public Law 94-3), is hereby repealed. Approved June 30, 1975.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-312 (Comm. on Ways and Means). CONGRESSIONAL RECORD, Vol. 121 (1975): June 24, considered and passed House. June 26, considered and passed Senate.

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Page:United States Statutes at Large Volume 89.djvu/307

 PUBLIC LAW 94-48—JULY 1, 1975

89 STAT. 247

Public Law 94-48 94th Congress An Act To amend title XIX of the Social Security Act to extend the protection against the loss of medicaid because of the 1972 increase in Social Security benefits, and to extend the exemption of Puerto Rico, Guam, and the Virgin Islands from certain requirements relating to choice of provider.

Be it enacted ty the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. Section 1902(a) of the Social Security Act is amended by adding at the end the following new paragraph: "For purposes of paragraph (10) any individual who, for the month of August 1972, was eligible for or receiving aid or assistance under a State plan approved under title I, X, XIV, or XVI, or part A of title IV and who for such month was entitled to monthly insurance benefits under title II shall for purposes of this title only be deemed to be eligible for financial aid or assistance for any month thereafter if such individual would have been eligible for financial aid or assistance for such month had the increase in monthly insurance benefits undertitle II resulting from enactment of Public Law 92-336 not been applicable to such individual.". SEC. 2. Section 1902(a) (23) of the Social Security Act is amended by inserting after "(23)" the following: "except in the case of Puerto Rico, the Virgin Islands, and Guam,". " Approved July 1, 1975.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-327 (Gomm. on Foreign Commerce). CONGRESSIONAL RECORD, Vol. 121 (1975): June 26, considered and passed House. June 27, considered and passed Senate.

July 1, 1975 [H.R. 8109]

Medicaid assistance, extension. 42 USC 1396a.

42 USC 301, 1201, 1351, 1381, 601. 42 USC 401. 86 Stat. 406. Exemptions.

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Page:United States Statutes at Large Volume 89.djvu/308

 89 STAT. 248

PUBLIC LAW 94-49—JULY 2, 1975

Public Law 94-49 94th Congress An Act July 2, 1975 [H.R. 37]

Standard Reference Data Act, appropriation authorization. " ""*'""

rji^ authorize appropriations to carry out the Standard Reference Data Act.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there is authorized to be appropriated to the Department of Commerce not to exceed $2,800,000 for fiscal year ending June 30, 1976; not to exceed $750,000 for the fiscal year transition period from July 1, 1976, through September 30, 1976; not to exceed $3,000,000 for the fiscal year ending September 30, 1977; and not to exceed $3,000,000 for the fiscal year ending September 30, 1978, to carry out the purposes of the Standard Reference Data Act (15 U.S.C. 290-290f; 82 Stat. 339). Approved July 2, 1975.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-62 (Comm. on Science and Technology). SENATE REPORT No. 94-159 (Comm. on Commerce). CONGRESSIONAL RECORD, Vol. 121 (1975): Apr. 9, considered and passed House. June 2, considered and passed Senate, amended. June 20, House concurred in Senate amendment.

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Page:Folk-lore - A Quarterly Review. Volume 7, 1896.djvu/368

 338 Miss Atkinson further adds that in the account of Haxey-hood and the subsequent smoking of the fool given in Mr. W. Andrews' Bygone Lincolnshire, 1891, p. 197, and also in a newspaper cutting in her possession, twelve boggans in red and the fool are mentioned, but that according to her notes and her memory of the scene there were only eleven boggans and the fool, twelve men altogether, A writer in the Hull Times, January 11th, 1890, says that several officers are appointed to rule the revels, including "Bunkus," "The Fool," "Michael," and "Webby," and that the fool to begin the proceedings mounts a stone neai Haxey Church and repeats the following lines:

These words are, however, sometimes attributed to "my Lord" when he is on the point of throwing the hood for the first time.

According to Mr. North's description of the custom, "Haxey-Hood" is supposed to have been instituted when the Mowbray family were owners of a castle in the neighbouring parish of Owston and of a residence at Haxey. And it was Lady Mowbray whose hood was blown off by the wind when she was going from the latter house, in a part of Haxey still spoken of as "the Park," to church on one Epiphany. Being amused with the scene which followed, she established its annual repetition, upon the hill where it had taken place; and it is said that she left six and a half acres of land as a reward to the thirteen men who were to conduct the affair, although "no record .... can now be found of the bequest, nor can the land be traced." Mr. North further describes the festival as observed in the following manner in recent years. About 2 p.m. twelve men


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Page:United States Statutes at Large Volume 89.djvu/309

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SHORT TITLE . That this Act may be cited as the "Emergency Housing Act of 1975".

TITLE I—EMERGENCY MORTGAGE RELIEF SHORT TITLE . This title may be cited as the "Emergency Homeowners' Relief Act". FINDINGS AND PURPOSE . (a) The Congress finds that—

(1) the Nation is in a severe recession and that the sharp downturn in economic activity has driven large numbers of workers into unemployment and has reduced the incomes of many others;

(2) as a result of these adverse economic conditions the capacity of many homeowners to continue to make mortgage payments has deteriorated and may further deteriorate in the months ahead, leading to the possibility of widespread mortgage foreclosures and distress sales of homes; and

(3) many of these homeowners could retain their homes with temporary financial assistance until economic conditions improve.

(b) It is the purpose of this title to provide a standby authority which will prevent widespread mortgage foreclosures and distress sales of homes resulting from the temporary loss of employment and income through a program of emergency loans and advances and emergency mortgage relief payments to homeowners to defray mortgage expenses.

MORTGAGES ELIGIBLE FOR ASSISTANCE . No assistance shall be extended with respect to any mortgage under this title unless—

(1) the holder of the mortgage has indicated to the mortgagor its intention to foreclose;

(2) the mortgagor and holder of the mortgage have indicated in writing to the Secretary of Housing and Urban Development (hereinafter referred to as the "Secretary") and to any agency or department of the Federal Government responsible for the regulation of the holder that circumstances (such as the volume of delinquent loans in its portfolio) make it probable that there will be a foreclosure and that the mortgagor is in need of emergency mortgage relief as authorized by this title, except that

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Page:United States Statutes at Large Volume 89.djvu/310

 89 STAT. 250

PUBLIC LAW 94-50—JULY 2, 1975 such statement by the holder of the mortgage may be waived by the Secretary if in his judgment such waiver would further the purposes of this title; (3) payments under the mortgage have been delinquent for at least three months; (4) the mortgagor has incurred a substantial reduction in income as a result of involuntary unemployment or underemployment due to adverse economic conditions and is financially unable to make full mortgage payments; (5) there is a reasonable prospect that the mortgagor will be able to make the adjustments necessary for a full resumption of mortgage payments; and (6) the mortgaged property is the principal residence of the mortgagor. LIMITS OF ASSISTANCE

12 USC 2703.

12 USC 1709. Deferred payments.

SEC. 104. (a) Assistance under this title with respect to a mortgage which meets the requirements of section 103 may be provided in the form of emergency mortgage relief loans and advances of credit insured pursuant to section 105 or in the form of emergency mortgage relief payments made by the Secretary pursuant to section 106. (b) Assistance under this title on behalf of a homeowner may be made available in an amount up to the amount of the principal, interest, taxes, ground rents, hazard insurance, and mortgage insurance premiums due under the homeowner's mortgage, but such assistance shall not exceed the lesser of $250 per month or the amount determined to be reasonably necessary to supplement such amount as the homeowner is capable of contributing toward such mortgage payment. (c) Monthly payments may be provided under this title either with the proceeds of an insured loan or advance of credit or with emergency mortgage relief payments for up to twelve months, and, in accordance with criteria prescribed by the Secretary, such monthly payments may be extended once for up to twelve additional months. A mortgagor receiving the benefit of mortgage relief assistance pursuant to this title shall be required, in accordance with criteria prescribed by the Secretary, to report any increase in income which will permit a reduction or termination of such assistance during this period. (d) Emergency loans or advances of credit made and insured under section 105, and emergency mortgage relief payments made under section 106, shall be repayable by the homeowner upon such terms and conditions as the Secretary shall prescribe, except that interest on a loan or advance of credit insured under section 105 or emergency mortgage relief payments made under section 106 shall not be charged at a rate which exceeds the maximum interest rate applicable with respect to mortgages insured pursuant to section 203(b) of the National Housing Act. (e) The Secretary may provide for the deferral of the commencement of the repayment of a loan or advance insured under section 105 or emergency mortgage relief payments made under section 106 until one year following the date of the last disbursement of the proceeds of the loan or advance or payments or for such longer period as the Secretary determines would further the purpose of this title. The Secretary shall by regulation require such security for the repayment of insured loans or advances of credit or emergency mortgage relief payments as he deems appropriate and may require that such repayment be secured by a lien on the mortgaged property.

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Page:United States Statutes at Large Volume 89.djvu/311

 PUBLIC LAW 94-50—JULY 2, 1975

89 STAT. 251

EMERGENCY MORTGAGE RELIEF LOANS AND ADVANCES

SEC. 105. (a) The Secretary is authorized, upon such terms and con- 12 USC 2704.. ditions as the Secretary may prescribe, to insure banks, trust companies, finance companies, mortgage companies, savings and loan associations, insurance companies, credit unions, and such other financial institutions, which the Secretary finds to be qualified by experience and facilities and approves as eligible for insurance, against losses which they may sustain as a result of emergency loans or advances of credit made in accordance with the provisions of section 104 and this section with respect to mortgages eligible for assistance under this title. (b) In no case shall the insurance granted by the Secretary under this section to any financial institution on loans and advances made by such financial institution for the purposes of this title exceed 40 per centum of the total amount of such loans and advances made by the institution, except that, with respect to any individual loan or advance of credit, the amount of any claim for loss on such individual loan or advance of credit paid by the Secretary under the provision of this section shall not exceed 90 per centum of such loss. (c) The Secretary is authorized to fix a premium charge or charges for the insurance granted under this section, but in the case of any loan or advance of credit, such charge or charges shall not exceed an amount equivalent to one-half of 1 per centum per annum of the principal obligation of such loan or advance of credit outstanding at any time. (d) The Secretary is authorized and empowered to waive compli- Waiver, ance with any rule or regulation prescribed by the Secretary for the purposes of this section if, in the Secretary's judgment, the enforcement of such rule or regulation would impose an injustice upon an insured lending institution which has substantially complied with such regulations in good faith. Any payment for loss made to an insured financial institution under this section shall be final and incontestable after two years from the date the claim was certified for payment by the Secretary, in the absence of fraud or misrepresentation on the part of such institution unless a demand for repurchase of the obligation shall have been made on behalf of the United States prior to the expiration of such two-year period. The Secretary is authorized to transfer to any financial institution approved for insurance under this title any insurance in connection with any loan which may be sold to it by another insured financial institution. (e) The aggregate amount of loans and advances insured under this Limitation, section shall not exceed $1,500,000,000 at any one time. EMERGENCY MORTGAGE RELIEF

PAYMENTS

SEC. 106. (a) In the case of any mortgagee which would otherwise 12 USC 2705. be eligible to participate in the program authorized under section 105 but does not qualify for an advance or advances as authorized by section 113 of this title or under section 10,10b, or 11 of the Federal Home Loan Bank Act or otherwise elects not to participate in the program 12 USC 1430, authorized under section 105, the Secretary is authorized to make 1430b, 1431. repayable emergency mortgage relief payments directly to such mortgagee on behalf of homeowners whose mortgages are held by such financial institution and who are delinquent in their mortgage payments. (b) Emergency mortgage relief payments shall be made under this section only with respect to a mortgage which meets the requirements of section 103 and onlj on such terms and conditions as the Secretary may prescribe, subject to the provisions of section 104.

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