text:
Page:United States Statutes at Large Volume 91.djvu/23

 LIST OF PUBLIC LAWS Public Law

95-219

95-220 95-221 95-222

95-223

xxiii Date

Fishery Conservation Zone Transition Act, amendment. AN ACT To bring the governing international fishery agreement with Mexico within the purview of the Fishery Conservation Zone Transition Act Federal Program Information Act. AN ACT To provide for the efficient and regular distribution of current information on Federal domestic assistance programs 95th Congress, second session. JOINT RESOLUTION Relative to the convening of the second session of the Ninety-fifth Congress, and for other purposes Legal Services Corporation Act Amendments of 1977. AN ACT To amend the Legal Services Corporation Act to provide authorization of appropriations for additional fiscal years, and for other purposes Wartime or national emergencies, Presidential powers. AN ACT With respect to the powers of the President in time of war or national emergency

Page

Dec. 28, 1977

1613

Dec. 28, 1977

1615

Dec. 28, 1977

1618

Dec. 28, 1977

1619

Dec. 28, 1977

1625

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text: Page:United States Statutes at Large Volume 91.djvu/24

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


text:
Page:United States Statutes at Large Volume 91.djvu/25

 LIST OF REORGANIZATION PLANS C O N T A I N E D IN T H I S V O L U M E Plan No.

1 2

Page

Executive Office of the President International Communication Agency

1633 1636

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text: Page:United States Statutes at Large Volume 91.djvu/26


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Page:United States Statutes at Large Volume 91.djvu/27

 LIST OF BILLS ENACTED INTO PRIVATE LAW THE NINETY-FIFTH CONGRESS, FIRST-SESSION

Bill No.

Private Law No.

H.R. H.R. H.R. H.R. H.R. H.R. H.R. H.R H.R. H.R.

95-18 95-3 95-1 95-10 95-9 95-21 95-7 95-23 95-24 95-2

1403 1437 1440 1613 1934 2501 2563 2661 3313 3314

Bill No.

Private Law No.

H.R. H.R H.R. H.R. H.R.

95-17 95-4 95-5 95-25 95-27

S. S. S. S.

3461 3838 4246 5555 8212

455 556 854 948

95-11 95-12 95-20 95-13

Bill No.

Private Law No.

8. S. S. S. S. S. S. S.

95-14 95-15 95-8 95-19 95-22 95-16 95-6 95-26

1003 1005 1060 1142 1269 1551 1765 2328

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Page:United States Statutes at Large Volume 91.djvu/29

 '•'iiiili

LIST OF PRIVATE LAWS C O N T A I N E D IN T H I S V O L U M E

Private Law

95-1 95-2 95-3 95-4 95-5 95-6 95-7 95-8

95-9 95-10 95-11 95-12 95-13 95-14 95-15 95-16 95-17 95-18

95-19 95-20

95-21

95-22 95-23 95-24

Date

Page

Eun Kyung Park and Sang Hyuk Park. AN ACT For the June 27, 1977... 1647 ... relief of Eun Kyung Park and Sang Hyuk Park Tri-State Motor Transit Company. AN ACT For the June 27, 1977 1647 relief of Tri-State Motor Transit Company July 6, 1977... 1648 ... Soo Jin Lee. AN ACT For the relief of Soo Jin Lee Tulsedei Zalim. AN ACT For the relief of Tulsedei July 6, 1977... 1648 ... Zalim Hee Kyung Yoo. AN ACT For the relief of Hee Kyung July 6, 1977 1648 Yoo Federal Life and Casualty Co., Battle Creek, Mich. AN ACT For the relief of the Federal Life and Casualty Aug. 15, 1977 1649 Company of Battle Creek, Michigan 1649 Velzora Carr. AN ACT For the relief of Velzora Carr.... Aug. 15, 1977 The George Washington University Charter Restatement Act. AN ACT To amend the Act of February 9, 1821, to restate the charter of The George Washington Oct. 18, University 1977... 1650 .. Dr. Lawrence C B. Chan. AN ACT For the relief of Doctor Lawrence C. B. Chan Oct. 20, 1977... 1652 .. Certain postmasters. AN ACT For the relief of certain postmasters charged with postal deficiencies Oct. 25, 1977... 1652 .. Ermelinda Rossi. AN ACT For the relief of Ermelinda Rossi Nov. 7, 1977 1653 Lee Young Soo. AN ACT For the relief of Lee Young Soo. Nov. 7, 1977... 1653 .. Chin Ah Park and Chin Suk Park. AN ACT For the relief of Chin Ah Park and Chin Suk Park Nov. 7, 1977 1654 Me Young Lee. AN ACT For the relief of Me Young Lee.. Nov. 7, 1977... 1654 .. Young Shin Joo. AN ACT For the relief of Young Shin Joo Nov. 8, 1977... 1654 .. In Hea Kim and Myung Sung Kwon. AN ACT For the relief of In Hea Kim and Myung Sung Kwon Nov. 8, 1977 1655 Chin-Ho An. AN ACT For the relief of Chin-Ho An Nov. 8, 1977... 1655 .. Weathersby Godbold Carter, Jr. and Richard T Harriss in. AN ACT To authorize the Secretary of the Interior to convey the interest of the United States in certain lands in Adams County, Mississippi, notwithstanding a limitation in the Coior-of-Title Act (45 Stat. 1069, as amended; 43 U.S.C. 1068) Nov. 12, 1977... 1656 ... Kam Lin Cheung. AN ACT For the relief of Kam Lin Cheung Nov. 14, 1977 1656 Mid-Pacific Sea Harvesters, Inc. AN ACT To authorize the Secretary of Commerce to sell two obsolete vessels to Mid-Pacific Sea Harvesters, Incorporated, and for other purposes Nov. 15, 1977... 1657 .. Wold Tract, Medicine Bow National Forest, Wyo. AN ACT To eliminate a conflict between the official cadastral survey and a private survey of the so-called Wold Tract within the Medicine Bow National Forest, State of Wyoming Nov. 15, 1977... 1657 .. Camilla A. Hester. AN ACT For the relief of Camilla A. HcstGr Nov. 16, 1977... 1659 .. Patricia R. fully. AN ACT For the reiieForPatricia R! TuUy Nov. 23, 1977... 1659 .. Mark C. Mieir and Liane M. Mieir. AN ACT For the relief of Mark Charles Mieir and Liane Maria Mieir Dec. 13, 1977... 1660 ..

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text: Australia, from Port Macquarie to Moreton Bay


text:
Page:United States Statutes at Large Volume 91.djvu/30

 XXX

LIST OF PRIVATE LAWS

Private Law

Date

95-25

Adelaida Rea Berry. AN ACT For the relief of Adelaida Rea Berry Dec. 13, 1977 Wold Tract, Medicine Bow National Forest, Wyo. AN ACT To amend Private Law 95-21 to make a technical correction therein Dec. 19, 1977 Charles P. Bailey. AN ACT For the relief of Charles P. Bailey Dec. 28, 1977

95-26 95-27

V j ' 117 U 5

• ').

Page

1660 1660 1661

.

•J-

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!•.<

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I*.

,;.

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Ji

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text:
Page:United States Statutes at Large Volume 91.djvu/31

 LIST OF CONCURRENT RESOLUTIONS C O N T A I N E D IN T H I S V O L U M E Con. Res.

Congress. Joint meeting S. Con. Res. 1 Jan. Con^gress. Joint meeting H. Con. Res. 1 Jan. Joint Committee for Inaugural Arrangements... H. Con. Res. 2 Jan. House of Representatives and Senate. Adjournment from Feb. 9, 1977-Feb. 16, 1977 and Feb. 11-21, 1977 H. Con. Res. 106.... Feb. Congressional Budget for U.S. Government, Fiscal Year 1978 S. Con. Res. 10 Mar. Romanian earthquake victims, assistance S. Con. Res. 12 Mar. Helsinki Declaration. Soviet Government adherence to S. Con. Res. 7 Mar. The Accounting Establishment. Printing of additional copies S. Con. Res. 8 Mar. Commemoration of Gerald R. Ford. Printing as a House document; additional copies H. Con. Res. 157.... Apr. House of Representatives and Senate. Adjournment from Apr. 6-18, 1977 and Apr. 7-18, 1977 H. Con. Res. 186.... Apr. Condemnation of killing newborn harp seals in Canadian waters H. Con. Res. 142.... Apr. HR. 3365. Correction in bill enrollment H. Con. Res. 191.... Apr. Congress. Joint meeting H. Con. Res. 196.... Apr. H.R. m7. Correction in bill enrollment H. Con. Res. 198.... Apr. Congressional Budget for U.S. Government, Fiscal Year 1978 S. Con. Res. 19 May House of Representatives and Senate. Adjournment from May 26, 1977-June 1, 1977 and May 27, 1977-June 6, 1977 H. Con. Res. 229.... May Give Yourself Credit: Guide to Consumer Credit Laws. Printing as a House document; additional copies H. Con. Res. 162.... May H.R. 6206. Correction in bill enrollment H. Con. Res. 243.... June H.R. 5840. Correction in bill enrollment S. Con. Res. 28 June Belgrade Conference of 1977 Affirmation of H. Con. Res. 249.... June H.R. 6161. Correction in bill engrossment H. Con. Res. 254.... June House of Representatives and Senate. Adjounment from June 30, 1977-July 11, 1977 and July 1, 1977-July 11, 1977 H. Con. Res. 267.... June Joint Economic Committee. Investigation of economic changes H. Con. Res. 248.... July H.R. 6138. Correction in bill enrollment H. Con. Res. 291.... July H.R. 2. Correction in bill enrollment S. Con. Res. 39 July House of Representatives and Senate. Adjournment from Aug. 5, 1977-Sept. 7, 1977 and Aug. 6, 1977-Sept. 7, 1977 H. Con. Res. 317.... July S. 826. Correction in bill enrollment H. Con. Res. 320.... Aug. H.R. 6161. Correction in bill enrollment H. Con. Res. 327.... Aug. Senate. Adjournment on Aug. 5, 1977 or Aug. 6, 1977 H. Con. Res. 330.... Aug. S. 1153. Correction in bill enrollment H. Con. Res. 342.... Sept. Congressional Budget for U.S. Government, Fiscal Year 1978 H. Con. Res. 341.... Sept.

Date

Page

4, 1977 6, 1977 6, 1977

1665 1665 1665

7, 1977

1666

3, 1977 17, 1977

1666 1667

22, 1977

1668

31, 1977

1668

1, 1977

1668

5, 1977

1668

6, 7, 18, 22,

1977 1977 1977 1977

1669 1669 1670 1670

17, 1977

1670

25, 1977

1674

26, 9, 10, 15, 23,

1977 1977 1977 1977 1977

1674 1674 1675 1675 1676

30, 1977

1676

18, 1977 20, 1977 21, 1977

1676 1678 1678

29, 1977 2, 1977 4, 1977

1679 1679 1680

5, 1977 7, 1977

1681 1682

15, 1977

1683 xxxi

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Page:United States Statutes at Large Volume 91.djvu/32

 xxxii

LIST OF CONCURRENT RESOLUTIONS Con. Res.

The Role of the Federal Government in Nutrition Education. Printing as a House document; additional copies Statue of the late Senator Ernest Gruening presented by Alaska to the National Statuary Hall H.R. 6111. Correction in bill enrollment National System of Interstate and Defense Highways. Apportionment for fiscal year 1979 House of Representatives. Adjournment from Oct. 6, 1977 to Oct. 11, 1977 1984 Olympic games in Los Angeles, California H.R. 3. Correction in bill enrollment H.R. 6415. Correction in bill enrollment H.R. 4018. Correction in bill engrossment S. 1811. Correction in bill enrollment S. 717. Correction in bill enrollment Give Yourself Credit: Guide to Consumer Credit Laws. Additional copies Black Americans in Congress. Printing as a House document How Our Laws Are Made. Printing as a House document; additional copies Our Flag. Printing as a House document; additional copies Our American Government. Printing as a House document; additional copies The Constitution of the United States of America, as amended. Printing as a House document; additional copies The Capitol. Printing as a House document; additional copies The Senate Chamber, 1810-1859. Additional copies Panama Canal Treaties. Additional copies S. 1131. Correction in bill enrollment Commending President Anwar el Sadat and Prime Minister Menachem Begin H.R. 8422. Correction in bill enrollment H.R. 7345. Correction in bill enrollment Amyotrophic lateral sclerosis House of Representatives and Senate. Adjournment H.R. 7738. Reenrollment and correction of bill. H.R. 3199. Correction in bill enrollment

Page

H. Con. Res. 263.... Sept. 22, 1977

1684

S. Con. Res. 25 Sept. 26, 1977 H. Con. Res. 361.... Sept. 29, 1977

1684 1685

H. Con. Res. 282.... Sept. 30, 1977

1685

H. Con. Res. 372.... H. Con. Res. 368.... H. Con. Res. 377.... S. Con. Res. 46 S. Con. Res. 58 H. Con. Res. 384.... S. Con. Res. 57

1977 1977 1977 1977 1977 1977 1977

1686 1686 1686 1686 1687 1687 1689

H. Con. Res. 241.... Oct.

31, 1977

1690

H. Con. Res. 182.... Nov.

3, 1977

1690

H. Con. Res. 190.... Nov.

3, 1977

1691

H. Con. Res. 204.... Nov.

3, 1977

1691

H. Con. Res. 205.... Nov.

3, 1977

1692

H. Con. Res. 217.... Nov.

3, 1977

1692

H. Con. Res. 222.... Nov.

3, 1977

1692

S. Con. Res. 52 Nov. 3, 1977 S. Con. Res. 53 Nov. 3, 1977 H. Con. Res. 397.... Nov. 29, 1977

1692 1693 1693

H. Con. Res. 417.... H. Con. Res. 418.... H. Con. Res. 419.... S. Con. Res. 26

1977 1977 1977 1977

1693 1693 1694 1694

H. Con. Res. 442.... Dec. 15, 1977 H. Con. Res. 443.... Dec. 15, 1977 H. Con. Res. 444.... Dec. 15, 1977

1695 1695 1695

- '

,a -.-

Date

''

•. f!

Oct. Oct. Oct. Oct. Oct. Oct. Oct.

Nov. Nov. Nov. Nov.

6, 7, 13, 14, 18, 20, 27,

29, 29, 29, 29,

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Page:United States Statutes at Large Volume 91.djvu/33

 LIST OF PROCLAMATIONS C O N T A I N E D IN T H I S V O L U M E

No.

4466.... Modification of Proclamation No. 4463 Regarding Tariffs on Certain Sugars, Sirups and Molasses 4467.... National Volunteer Firemen Week 4468.... Native American Awareness Week, 1976 4469.... Quantitative Limitation on the Importation of Certain Meats Into the United States 4470.... Drug Abuse Prevention Week, 1976 4471.... American Education Week, 1976 4472.... National Farm-City Week, 1976 4473.... National Family Week, 1976 4474.... Thanksgiving Day, 1976 4475.... Wright Brothers Day, 1976 4476.... Emergency Medical Services Week, 1976 4477.... Modification of Temporary Quantitative Limitations on the Importation into the United States of Certain Articles of Alloy Tool Steel 4478.... Adjustment of Duty on Certain Brandy 4479.... Bill of Rights Day and Human Rights Day and Week, 1976. 4480.... Continuance of Duty on Certain Brandy 4481.... American Heart Month, 1977 4482.... Import Limitation on Dried Milk Mixtures 4483.... Granting Pardon for Violations of the Selective Service Act, August 4, 1964, to March 28, 1973 -. 4484.... International Clergy Week, 1977 4485.... Declaring a Natural Gas Emergency 4486.... National Poison Prevention Week, 1977 4487.... National Employ the Older Worker Week, 1977 4488.... Save Your Vision Week, 1977 4489.... Red Cross Month, 1977 4490.... Cancer Control Month, 1977 4491.... Pan American Day and Pan American Week, 1977 4492.... Armed Forces Day 4493.... Loyalty Day, 1977 4494.... National Farm Safety Week, 1977 4495.... Termination of Natural Gas Emergency 4496.... World Trade Week, 1977 4497.... Older Americans Month, 1977 4498.... Earth Week, 1977 4499.... Law Day, U.S.A., 1977 4500.... National Defense Transportation Day and National Transportation Week, 1977 4501.... Small Business Week, 1977 4502.... National Maritime Day, 1977 4503.... Mother's Day, 1977 4504.... Prayer for Peace, Memorial Day, May 30, 1977 4505.... Father's Day, 1977 4506.... National Safe Boating Week, 1977 4507.... Black Press Day, 1977 4508.... Flag Day and National Flag Week, 1977 4509.... Modification of Temporary Quantitative Limitations on the Importation into the United States of Certain Articles of Alloy Tool Steel

Page

Date

Oct. 4, 1976. . Oct. 7, 1976. . Oct. 8, 1976. .

1699 1700 1700

Oct. 9, 1976 Oct. 18, 1976 Oct. 25, 1976 Oct. 25, 1976 Oct. 25, 1976 Oct. 25, 1976 Oct. 25, 1976 Nov. 4, 1976

. . . . . . . . . . . . . . ..

1701 1703 1704 1705 1705 1706 1707 1708

Nov. 16, 1976 Nov. 26, 1976 Dec. 1, 1976 Dec. 8, 1976 Jan. 19, 1977 Jan. 19, 1977

. 1709 . . 1712 . . 1714 . . 1715 . . 1716 . . 1717.

Jan. 21, 1977 Jan. 28, 1977 Feb. 2, 1977 Feb. 11, 1977 Feb. 14, 1977 Feb. 16, 1977 Feb. 25, 1977 Mar. 8, 1977 Mar. 21, 1977 Mar. 22, 1977 Mar. 23, 1977 Mar. 28, 1977 Apr. 1, 1977 Apr. 8, 1977 Apr. 11, 1977 Apr. 12, 1977 Apr. 12, 1977

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

1719 1720 1720 1721 1722 1723 1724 1725 1726 1727 1728 1728 1729 1730 1731 1732 1733

Apr. 13, 1977 Apr. 14, 1977 Apr. 15, 1977 Apr. 21, 1977 Apr. 25, 1977 June 7, 1977 June 9, 1977 June 10, 1977 June 11, 1977

. . . . . . . . . . . . . . . . ..

1734 1735 1735 1736 1737 1738 1739 1739 1740

June 15, 1977. .

1741

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text:
The Encyclopedia Americana (1920)/Müller, Johannes von

MÜLLER, Johannes von, German-Swiss historian: b. Schaffhausen, 3 Jan. 1752; d. Cassel, 29 May 1809. He studied at Göttingen, and in 1772 became professor of Greek at the gymnasium at Schaffhausen, and published ‘Bellum Cimbricum,’ his first work. He lived and taught in Geneva 1774-80, where he began his ‘Allgemeine Geschichte’ (3 vols., 1810), and published the first volume of his 'Geschichte der Schweitzer.' From 1781 to 1786 he taught history and statistics at the Collegium Carolinum at Cassel. In 1786 he became librarian and councillor of state to the Elector of Mainz. Here he wrote his ‘Geschichte der schweizerischen Eidgenossenschaft’ and several other works. In 1792, when Mainz was taken by the French, he went to Vienna, where the Emperor Leopold nominated him a member of the Privy Council. In 1804 be left Vienna for

Berlin, where he was appointed historiographer of the Hohenzollern family. He also published ‘Ueber die Geschichte Friedrich I’; ‘Ueber den Untergang der Freiheit der Alten Völker’; ‘Versuch über die Zeitrechnungen der Vorwelt.’ After the battle of Jena, he was appointed by Napoleon (1807) Secretary of State in the new kingdom of Westphalia. His ‘Sämmtliche Werke’ appeared in 27 volumes (1800-17); (new ed., 40 vols., 1831-35). Consult lives by Heeren (1820); Döring (1835); Monnard, in French (1839), and Thiersch (1881).


text:
Page:United States Statutes at Large Volume 91.djvu/34

 LIST OF PROCLAMATIONS Date

No.

4510.. Implementation of Orderly Marketing Agreements—and the Temporary Quantitative Limitation on the Importation into the United States of Certain Footwear 4511. Implementation of Orderly Marketing Agreement on Certain Color Television Receivers 4512. United States Space Observance 4513. Captive Nations Week, 1977 4514, World Law Day, 1977 4515. Women's Equality Day, 1977 4516. National Hispanic Heritage Week, 1977 4517. Citizenship Day and Constitution Week, 1977 4518. National Lupus Week, 1977 4519. Veterans Day, 1977 4520. General Pulaski's Memorial Day, 1977 4521. Fire Prevention Week, 1977 4522. Child Health Day, 1977 4523. National School Lunch Week, 1977 4524. Leif Erikson Day, 1977 4525. United Nations Day, 1977 4526. National Employ the Handicapped Week, 1977 4527. Columbus Day, 1977 4528. White Cane Safety Day, 1977 4529. American Education Week, 1977 4580. National Forest Products Week, 1977 4531. Country Music Month, 1977 4532. National Day of Prayer, 1977 4533. National Farm-City Week, 1977 4534. Constitution of the Northern Mariana Islands 4535. Emergency Medical Services Week, 1977 4536. National Family Week, 1977 4537. Thanksgiving Day, 1977 4538. Import Fees on Sugars, Sirups, and Molasses 4539. Modification of Tariffs on Certain Sugars, Sirups, and Molasses 4540. Anniversary of the Adoption of the Articles of Confederation 4541. Wright Brothers Day, 1977 4542. Bill of Rights Day and Human Rights Day and Week, 1977.

'1-

Page

June 22, 1977.. .

1743

June 24, 1977.. . July 11, 1977.. . July 20, 1977.. . Aug. 19, 1977.. . Aug. 26, 1977.. . Aug. 29, 1977.. . Aug. 29, 1977.. . Aug. 31, 1977.. . Sept. 13, 1977.. . Sept. 16, 1977.. . Sept. 19, 1977.. . Sept. 20, 1977.. . Sept. 22, 1977.. . Sept. 23, 1977.. . Sept. 26, 1977.. . Sept. 27, 1977.. . Sept. 28, 1977.. . Sept. 29, 1977.. . Sept. 30, 1977.. . Sept. 30, 1977.. . Sept. 30, 1977.. . Oct. 13, 1977.. . Oct. 20, 1977.. . Oct. 24, 1977.. . Nov. 5, 1977.. . Nov. 9, 1977.. . Nov. 11, 1977.. . Nov. 11, 1977.. .

1749 1753 1754 1754 1755 1756 1757 1758 1759 1760 1760 1761 1762 1763 1764 1765 1766 1767 1767 1768 1769 1770 1770 1771 1772 1773 1774 1775

Nov. 11, 1977 Nov. 15, 1977 Nov. 23, 1977 Dec. 9, 1977

1777 1779 1779 1780

.. . .. . .. . ...

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text:
Page:United States Statutes at Large Volume 91.djvu/35

 PUBLIC LAWS ENACTED DURING THE

FIRST SESSION OF THE NINETY-FIFTH CONGRESS O F THE

UNITED STATES OF AMERICA Begun and held at the City of Washington on Tuesday, January 4, 1977, and adjourned sine die on Thursday, December 15, 1977. Until noon January 20, 1977, GERALD R. FORD, President; NELSON A. ROCKEFELLER, Vice President; THOMAS P. O ' N E I L L, J R., Speaker of the House of Representatives; from January 20, 1977, JIMMY CARTER, President; WALTER F. MONDALE,

Vice President; THOMAS P. O ' N E I L L, J R., Speaker of the House of Representatives.

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text: Page:United States Statutes at Large Volume 91.djvu/36


text:
Page:United States Statutes at Large Volume 91.djvu/37

 PUBLIC LAW 95-1—JAN. 19, 1977

91 STAT. 3

Public Law 95-1 95th Congress Joint Resolution To authorize the United States Secret Service to continue to furnish protection to certain former Federal officials or members of their immediate families.

Resolved by the Senate and House of Representatives of the United /States of America in Congress assembled, That the United States Secret Service, in addition to other duties now provided by law, is authorized to furnish protection to a person who (a) as a Federal Government official has been receiving protection by the United States Secret Service for a period immediately preceding January 20, 1977, or (b) as a member of such official's immediate family has been receiving protection by either the United States Secret Service or other security personnel of the official's department immediately preceding January 20, 1977, if the President determines that such person may thereafter be in significant danger: Provided, however, That protection of any such person shall continue only for such period as the President determines and shall not continue beyond July 20, 1977, unless otherwise permitted by law. Approved January 19, 1977.

LEGISLATIVE HISTORY: CONGRESSIONAL RECORD, Vol. 123 (1977): Jan. 14, considered and passed Senate. Jan. 17, considered and passed House.

Jan. 19, 1977 [SJ. Res. 12]

Secret Service protection to certain former Federal officials. 18 USC 3056 note.

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Page:United States Statutes at Large Volume 91.djvu/38

 91 STAT. 4

PUBLIC LAW 9 5 - 2 — F E B. 2, 1977

Public Law 95-2 95th Congress H»

Feb. 2, 1977 [S. 474]

Emergency Natural Gas Act of 1977. 15 USC 717 note. 15 USC 717 note.

15 USC 717a.

15 USC 717w. 15 USC 717.

An Act

To authorize the President of the United States to order emergency deliveries and transportation of natural gas to deal with existing or imminent shortages by providing assistance in meeting requirements for high-priority uses; to provide authority for short-term emergency purchases of natural gas; and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Emergency Natural Gas Act of 1977". DEFINITIONS

SEC. 2. As used in this Act: (1) The term "high-priority use*'means— (A) use of n a t u r a l gas in a residence; (B) use of natural gas in a commercial establishment in amounts of less than 50 Mcf on a peak d a y; or (C) any other use of natural gas the termination of which the President determines would endanger life, health, or maintenance of physical property. (2) The term "interstate pipeline" means any natural-gas company, as defined in section 2(6) of the N a t u r a l Gas Act, which is engaged in the transportation by pipeline of n a t u r a l gas. (3) The term "intrastate pipeline" means any person (other than an interstate pipeline) engaged in the transportation by pipeline of n a t u r a l gas. (4) The term "interstate natural g a s " means n a t u r a l gas (other than natural gas transported pursuant to a transportation certificate issued under 18 C.F.R. 2.79) transported by an interstate pipeline in a facility which is certificated under the N a t u r a l Gas Act or which would be required to be so certificated but for section 1(c) of such Act. (5) The term "local distribution company" means any person (including a governmental entity) which receives natural gas for local distribution and resale to n a t u r a l gas users. (6) The term "antitrust laws" means the Sherman Act (15 TJ.S.C. 1 et seq.), the Clayton Act (15 U.S.C. 12, 13, 14-19, 20, 21, 22-27), the Federal Trade Commission Act (15 U.S.C. 41 et seq.), sections 73 and 74 of the Wilson Tariff Act (15 U.S.C. 8-9), and the Act of June 19, 1936, chapter 592 (15 U.S.C. 13,13a, 13b, and 21a), and similar State laws. (7) The term " State " means any State of the United States and the District of Columbia. PRESIDENTIAL DECLARATION

Natural gas SEC. 3. The President may declare a natural gas emergency if he emergency. finds that a severe n a t u r a l gas shortage endangering the supply of 15 USC 717 note. n a t u r a l gas for high-priority uses exists or is imminent in the United States or in any region thereof and that the exercise of his authorities under section 4 is reasonably necessary, having exhausted other remedies to the maximum extent practicable, to assist in meeting requirements for such uses. Such emergency shall be terminated when the Termination. President finds that such shortages no longer exist and are no longer imminent.

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Page:United States Statutes at Large Volume 91.djvu/39

 PUBLIC LAW 95-2—FEB. 2, 1977

91 STAT. 5

EMERGENCY DELIVERIES AXD TRANSPORTATION OF NATURAL GAS

SEC. 4. (a)(1) If the President finds it necessary to assist in meeting the requirements for high-priority uses of natural gas (including siiort-term storage replenishment or injection for protection of highpriority uses), on the basis of a notification by the Governor of any State pursuant to subsection (c) or on the basis of other information available to the President, the President may, during a natural gas emergency declared under section 3, by order, require— (A) any interstate pipeline to make emergency deliveries of, or to transj^ort, interstate natural gas to any other interstate pipeline or to any local distribution company served by an interstate pipeline for purposes of meeting such requirements; (B) any intrastate pipeline to transport interstate natural gas from any interstate pipeline to another interstate pipeline or to any local distribution company served by an interstate pipeline for purposes of meeting such requirements; or (C) the construction and operation by any pipeline of any facilities necessary to effect such deliveries or transportation. N^o such delivery or transportation may continue after April 30, 1977, or after the President terminates the emergency declared under section 3, whichever is earlier. (2) No order may be issued under this subsection unless the President determines that such order will not— (A) create for the interstate pipeline delivering interstate natural gas a supply shortage which will cause such pipeline to be unable to meet the requirements for high-priority uses served, directly or indirectly, by such pipeline; (B) result in a disproportionate share of deliveries or curtailments of natural gas experienced by such interstate pipeline when compared to deliveries and resulting curtailments which are experienced as a result of orders applicable to other interstate pipelines (as determined by the President); and (C) require transportation of natural gas by any pipeline in excess of its available transportation capacity. (3) In issuing such order the President shall also consider the relative availability of alternative fuel to users of the interstate pipeline ordered to make deliveries pursuant to this section. (b) Compliance by any pipeline with an order issued under subsection (a) shall not subject such pipeline to regulation under the Natural Gas Act (15 U.S.C. 717 et seq.) or to regulation as a common carrier under any provision of State or Federal law. No action required to be taken under an order issued under subsection (a) shall be subject to any provision of the Natural Gas Act and any such order shall supersede any provision of a certification, or other requirement, under the Natural Gas Act which is inconsistent with such order. (c)(1) The Governor of any State may notify the President of any finding by such Governor that a shortage of natural gas within such State, endangering the supply of natural gas for high-priority uses, exists or is imminent and that the State, and agencies and instrumentalities thereof, have exercised their authority to the fullest extent practicable and reasonable under the circumstances to overcome such shortage. (2) The Governor shall submit, together with any notification under paragraph (1), information upon which he has based his finding under such paragraph, including— (A) volumes of natural gas required to meet the requirements for high-priority uses in such State;

15 USC 717 note.

Requirements for delivery by interstate or intrastate pipelines.

Order, restrictions.

Alternative fuel, availability.

Notification of shortage by State Governor.

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text:
Page:United States Statutes at Large Volume 91.djvu/40

 91 STAT. 6

Authority to obtain information.

Compliance order.

Compensation. Hearing; supplemental order.

PUBLIC LAW 95-2—FEB. 2, 1977 (B) information received from persons in the business of producing, selling, transporting, or delivering natural gas in such State as to the volumes of natural gas available in such State; and (C) such other information as the Governor determines appropriate to apprise the President of emergency deliveries and transportation of interstate natural gas needed in such State. (d) The President may request that representatives of interstate pipelines, intrastate pipelines, local distribution companies, and other persons meet and provide assistance to the President in carrying out his authority under this section. (e)(1) In order to obtain information to carry out his authority under this Act, the President may— (A) sign and issue subpenas for the attendance and testimony of witnesses and the production of books, records, papers, and other documents; (B) require any person, by general or special order, to submit answers in writing to interrogatories, requests for reports or for other information, and such answers shall be made within such reasonable period, and under oath or otherwise, as the President may determine; and (C) secure, upon request, any information from any Federal department or executive agency. (2) The appropriate United States district court may, upon petition of the Attorney General at the request of the President, in the case of refusal to obey a subpena or order of the President issued under this subsection, issue an order requiring compliance therewith, and any failure to obey an order of the court may be punished by the court as a contempt thereof. (f)(1) If the parties to any order issued under subsection (a) fail to agree upon the terms of compensation for deliveries (which may include compensation in kind) or transportation required pursuant to such order, the President, after a hearing held either before or after such order takes effect, shall, by supplemental order, prescribe the amount of compensation (which may include compensation in kind) to be paid for such deliveries or transportation and for any other expenses incurred in delivering or transporting such gas. (2) If, for the purpose of a supplemental order pursuant to paragraph (1), the party making emergency deliveries pursuant to subsection (a)— (A) indicates a preference for compensation in kind, the President shall direct that compensation in kind be provided by August 1, 1977, to the maximum extent practicable, (B) indicates a preference for compensation, or the President determines pursuant to paragraph (A) of this subsection that any portion thereof cannot practicably be compensated in kind, the President shall calculate the amount of compensation for deliveries of natural gas, based upon the amount required to make the interstate pipeline delivering such natural gas and its local distribution companies whole for loss of sales resulting therefrom; including the actual amount paid by such interstate pipeline or any of its local distribution companies for the volumes of natural gas or higher cost gas such as synthetic natural gas which were needed to replace natural gas delivered pursuant to an order under subsection (a); and for transportation, storage, and other expenses, based upon reasonable costs, as determined by the President.

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Page:United States Statutes at Large Volume 91.djvu/41

 PUBLIC LAW 95-2—FEB. 2, 1977

91 STAT. 7

(g) In order to effect the purposes of this Act, the President shall Delivery to highmonitor the operation of any order made pursuant to this sectionto P™"*^ "^^''^ assure that natural gas delivered pursuant to this section is applied °^ yto high-priority uses only. ANTITRUST PROTECTIONS

SEC. 5. (a) There shall be available as a defense for any person to 15 USC 717 note. civil or criminal action brought for violation of the antitrust laws (or any similar law of any State) with respect to any action taken or meeting held pursuant to a request or order of the President under section 4 (a) or (d) of this Act, if— (1) such action was taken or meeting held solely for the purpose of complying with the President's request or order;^ (2) such action was not taken for the purpose of injuring competition; and (3) such person complied with the requirements of subsection (b) of this section. Persons interposing the defense provided by this subsection shall have the burden of proof, except that the burden shall be on the person against whom the defense is asserted with respect to whether the actions were taken for the purpose of injuring competition. (b) A meeting held pursuant to a request by the President under section 4(d) or pursuant to an order under section 4(a) complies with the requirements of subsection (a) if—(1) there is present at such meeting a full-time Federal employee designated for such purposes by the Attorney General; (2) a full and complete record of such meeting is taken and deposited, together with any agreements resulting therefrom, with the Attorney General, who shall make it available for public ,.j<; inspection and copying; (3) the Attorney General and the Federal Trade Gommission have the opportunity to participate from the beginning in the development and carrying out of agreements and actions under sections 4(a) and 4(d), in order to propose any alternative which would avoid or overcome, to the greatest extent practicable, posr ' ' ^ sible anticompetitive effects while achieving substantially the purposes of this Act; and (4) such other procedures as may be specified in such request or order are complied with. EMERGENCY PURCHASES

SEC. 6. (a) The President may authorize any interstate pipeline 15 USC 717 note. or local distribution company served by an interstate pipeline (or class or category of such pipelines or companies) to contract, upon such terms and conditions as the President determines to be appropriate (including provisions respecting fair and equitable prices), for emergency supplies of natural gas for delivery before August 1, 1977— (1) from any producer of natural gas (other than a producer ";.?. who is affiliated with the purchaser as determined by the President) if (A) such natural gas is not produced from the Outer Continental Shelf and (B) the sale or transportation of such gas was not, immediately before the date on which such contract was entered into, certificated under the JS'atural Gas Act, or 15 USC 717w. (2) from any intrastate pipeline, local distribution company, or other person (other than in interstate pipeline or a producer of natural gas).

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Page:United States Statutes at Large Volume 91.djvu/42

 91 STAT. 8 Emergency purchase contract; court approval. 15 USC 717w.

"Outer Continental Shelf."

PUBLIC LAW 95-2—FEB. 2, 1977 The President may not authorize any emergency purchase contract under this subsection for emergency supplies of natural gas for sale and delivery from any intrastate pipeline which is operating under court supervision as of January 1, 1977, unless the court approves. (b)(1) The provisions of the Natural Gas Act shall not apply— (A) to any sale of natural gas to an interstate pipeline or local distribution company under the authority of subsection (a) or to any transportation by an intrastate pipeline in connection with any such sale; or (B) to any natural gas company (within the meaning of the Natural Gas Act) solely by reason of any such sale or transportation. (2) In exercising its authority under the Natural Gas Act, the Federal Power Commission shall not disallow, in whole or in part, recovery by any interstate pipeline, through the rates and charges made, demanded, or received by such pipeline, the amounts actually paid by it for natural gas purchased, transported, or other costs incurred pursuant to subsection (a). (c)(1) The President may, by order, require any pipeline to transport such natural gas, and to construct and operate such facilities for transportation of natural gas, as may be necessary to carry out contracts authorized under subsection (a). The costs of any such required construction shall be paid by the party receiving such natural gas. No such order shall require any pipeline to transport any natural gas in excess of such pipeline's available capacity. (2) Compliance by any pipeline with any order under this subsection shall not subject such pipeline to regulation under the Natural Gas Act or to regulation as a common carrier under any provision of State law. (d) As used in this section, the term "Outer Continental Shelf" has the same meaning as such term has under section 2 of the Outer Continental Shelf Lands Act (43 U.S.C. 1331). ADJUSTMENT I N CHARGES FOR LOCAL DISTRIBUTION COMPANIES

15 USC 717 note.

.. _:

SEC. 7. Compensation received by an interstate pipeline pursuant to section 4 in excess of the amount such pipeline would have charged its local distribution companies shall be credited to such local distribution companies in proportion to their share of any natural gas not delivered together with credits necessary to make whole any local distribution company which replaced such natural gas with higher cost gas such as synthetic natural gas as prescribed in section 4(f)(2)(B). Compensation paid by an interstate pipeline for deliveries or emergency purchases of natural gas pursuant to section 4 or section 6 shall be charged to such interstate pipeline's local distribution companies in proportion to their share of such natural gas deliveries or purchases. RELATIONSHIP TO N A T U R A L GAS ACT

15 USC 717 note.

15 USC 717w.

SEC. 8. Except as expressly provided in this Act, nothing contained in this Act shall be interpreted to change, modify, or otherwise affect rules, regulations, or other regulatory requirements or procedures of the Federal Power Commission pursuant to the provisions of the Natural Gas Act. E F F E C T OF CERTAIN CONTRACTUAL OBLIGATIONS

15 USC 717 note.

SEC. 9. (a) There shall be available as a defense to any action brought for breach of contract under Federal or State law arising out

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Page:United States Statutes at Large Volume 91.djvu/43

 PUBLIC LAW 95-2—FEB. 2, 1977 of any act or omission that such act was taken or that such omission occurred for purposes of complying with any order issued under section 4(a). (b) Any contractual provision— (1) proliibiting the sale or commingling of natural gas subject to such contract with natural gas subject to the provisions of the Natural Gas Act, or (2) terminating any obligation under any such contract as a result of such sale or commingling, is hereby declared against public policy and unenforceable with respect to such natural gas if an order under section 4(a) or an authorization under section 6(a) applies to the delivery, transportation, or contract for supplies of such natural gas. (c) The amounts and prices of any natural gas purchases pursuant to an order under section 4(a), an authorization under section 6(a), or a contract entered into pursuant to 18 C.F.R. 2.68 after the date of the enactment of this Act and before August 1, 1977, shall not be taken into account for purposes of any contractual provision which determines the price of any natural gas (or terminates the contract for the sale of natural gas) on the basis of eales of other natural gas.

91 STAT. 9

Prohibition of sale or commingling of natural gas.

ADMINISTRATIVE PROCEDURE AND JUDICIAL REVIEW

SEC. 10. (a) Subchapter II of chapter 5 of title 5 of the United States Code (other than sections 554, 556, and 557 thereof) shall apply to orders and other actions under this Act. (b) Except with respect to enforcement of orders or subpenas under section 4(e), the Temporary Emergency Court of Appeals, established pursuant to section 211(b) of the Economic Stabilization Act of 1970, as amended, shall have exclusive original jurisdiction to review all civil cases and controversies under this Act, including any order issued, or other action taken, under this Act. The Temporary Emergency Court of Appeals shall have exclusive jurisdiction of all appeals from the district courts of the United States in cases and controversies arising under section 4(e) of this Act; such appeals shall be taken by the filing of a notice of appeal with the Temporary Emergency Court of Appeals within thirty days of the entry of judgment by the district court. (c) Prior to a final judgment, no court shall have jurisdiction to grant any injunctive relief to stay or defer the implementation of any order issued, or action taken, by the President under this Act.

15 USC 717 note. 5 USC 551.

12 USC 1904 note.

Filing of notice of appeal.

ENFORCEMENT

SEC. 11. (a) Any person who violates an order or supplemental 15 USC 717 note, order issued under section 4 or an order under section 6(c) shall be subject to a civil penalty of not more than $25,000 for each violation of such order. Each day of violation shall constitute a separate offense. (b) Any person who willfully violates an order or supplemental order issued under section 4 or an order under section 6(c) shall be fined not more than $50,000 for each violation of such order. Each day of violation shall constitute a separate violation. (c) Whenever it appears to the President that any individual or organization has engaged, is engaged, or is about to engage in acts or practices constituting a violation of any order issued under section 4(a), any supplemental order issued under section 4(f), or any order under section 6(c), the President may request the Attorney General to bring a civil action to enjoin such acts or practices and, upon showing, a temporary restraining order or preliminary or permanent

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Page:United States Statutes at Large Volume 91.djvu/44

 91 STAT. 10 Mandatory injunctions.

PUBLIC LAW 95-2—FEB. 2, 1977 injunction shall be granted without bond. In any such action, the court jj^^y a]gQ issue mandatory injunctions commanding any person to comply with any such order or supplemental order. REPORTING

Report to President. 15 USC 717 note.

Report to Congress.

SEC. 12. (a) In issuing any order under section 4(a) or granting any authorization under section 6, the President shall require that the prices and volumes of natural gas delivered, transported, or contracted for pursuant to such order or authorization shall be reported to him on a weekly basis and such reports shall be made available to the Congress. (b) The President shall report to Congress not later than October 1, 1977, respecting his actions under this Act. DELEGATION OF AUTHORITIES

15 USC 717 note.

^'

SEC. 13. The President may delegate all or any portion of the authority granted to him under this Act to such executive agencies (within the meaning of 5 U.S.C. 105) or officers of the United States as he determines appropriate, and may authorize such redelegation as may be appropriate. Except with respect to section 552 of title 5 of the United States Code, any officer or executive agency of the United States to which authority is delegated or redelegated under this Act shall be subject only to such procedural requirements respecting the exercise of such authority as the President would be subject to if such authority were not so delegated. PREEMPTION OF INCONSISTENT STATE OR LOCAL ACTION

15 USC 717 note.

i,; >

SEC. 14. Any order issued pursuant to this Act shall preempt any provision of any program for the allocation, emergency delivery, transportation, or purchase of natural gas established by any State or local government if such program is in conflict with any such order. Approved February 2, 1977.

LEGISLATIVE HISTORY:

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.

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HOUSE REPORT No. 95-7 (Comm. of Conference). CONGRESSIONAL RECORD, Vol. 123 (1977): Jan. 26, 28, 31, considered and passed Senate. Feb. 1, considered and passed House, amended. Feb. 2, Senate and House agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol 13, No. 6: Feb. 2, Presidential statement.

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Page:United States Statutes at Large Volume 91.djvu/45

 PUBLIC LAW 95-3—FEB. 16, 1977

91 STAT. 11

Public Law 95-3 95th Congress Joint Resolution Making urgent power supplemental appropriations for the Department of the Interior, Southwestern Power Administration for the fiscal year ending September 30, 1977, and for other purposes.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sum is appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 1977, and for other purposes, namely:

Feb. 16, 1977 [H.J. Res. 227]

Supplemental appropriations, 1977.

DEPARTMENT OF THE INTERIOR SOUTHWESTERN POWER ADMINISTRATION

For an additional amount for "Operation and maintenance", $6,400,000. GENERAL PROVISIONS

SEC. 2. The last proviso under the heading "Energy Research and Development Administration, Operating Expenses", contained in Public Law 94-355, is hereby repealed. SEC. 3. The last proviso under the heading "Energy Research and Development Administration, Plant and Capital Equipment", contained in Public Law 94-355, is hereby repealed. SEC. 4. The fourth proviso under the heading "Energy Research and Development Administration, Operating Expenses, Fossil Fuels", contained in Public Law 94-373, is hereby repealed. SEC. 5. The last proviso under the heading "Energy Research and Development Administration, Plant and Capital Equipment, Fossil Fuels", contained in Public Law 94-373, is hereby repealed. Approved February 16, 1977.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-8 (Comm. on Appropriations). SENATE REPORT No. 95-7 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 123 (1977): Feb. 7, considered and passed House and Senate.

Repeals. 90 Stat. 889.

90 Stat. 1058.

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Page:United States Statutes at Large Volume 91.djvu/46

 91 STAT. 12

PUBLIC LAW 95-4—FEB. 16, 1977

Public Law 95-4 95th Congress

J:%^^i:

An Act Feb. 16, 1977 [S. 649]

Senate committee staff members, salaries. 2 USC 61-1 note. 2 USC 61-1.

Definitions.

To authorize payment of salaries of certain members of Senate committee staffs at the rates paid to them on January 4, 1977. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) notwithstanding the limitations contained in section 105(e) of the Legislative Branch Appropriation Act, 1968, as amended and modified, each eligible staff member of a new committee to whom section 703(d) of the Committee System Reorganization Amendments of 1977 applies may, during the transition period of such new committee, be paid gross annual compensation at the rate which that eligible staff member was receiving on January 4, 1977. (b) For purposes of subsection (a), the terms "eligible staff member", "new committee", and "transition period" have the meanings given to them by section 701 of the Committee System Reorganization Amendments of 1977. Approved February 16, 1977.

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LEGISLATIVE HISTORY: CONGRESSIONAL RECORD, VoL 123 (1977): Feb. 4, considered and passed Senate. Feb. 7, considered and passed House.

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Page:United States Statutes at Large Volume 91.djvu/47

 PUBLIC LAW 95-5—FEB. 17, 1977

91 STAT. 13

Public Law 95-5 95th Congress Joint Resolution To extend the period of time in which the American Indian Policy Review Commission must submit its final report and to increase the authorization of appropriations for such Commission.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the joint resolution entitled "Joint resolution to provide for the establishment of the American Indian Policy Review Commission'', agreed to January 2, 1975 (88 Stat. 1910), is amended— (1) by striking out "six" in the second sentence of section 5(a) and inserting in lieu thereof "nine"; (2) by striking out "six" in the third sentence of section 5(a) and inserting in lieu thereof "three"; and (3) by striking out "$2,500,000" in section 7 and inserting in lieu thereof "$2,600,000".

reb. 17, 1977 [S.J. Res. 10]

American Indian Policy Review Commission. 25 USC m'note 25 USC 174 note!

25 USC 174note.

Approved February 17, 1977.

LEGISLATIVE HISTORY: CONGRESSIONAL RECORD, Vol. 123 (1977): Feb. 3, considered and passed Senate. Feb. 9, considered and passed House.

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Page:United States Statutes at Large Volume 91.djvu/48

 9 1 STAT. 14

PUBLIC LAW 9 5 - 6 — F E B. 21, 1977

Public Law 95-6 95th Congress Joint Resolution Feb. 21, 1977 [H.J. Res. 240]

16 USC 1801 note.

16 USC 1821. Fishery Conservation Zone Transition Act. 16 USC 1801 note.

To give congressional approval to certain governing international fishery agreements negotiated in accordance with the Fishery Conservation and Management Act of 1976, and for other purposes. Whereas the Government of the United States of America and the Governments of the People's Republic of Bulg^aria, the Socialist Republic of Romania, the Republic of China, the German Democratic Republic, the Union of Soviet Socialist Republics, and the Polish People's Republic have signed governing international fishery agreements for the conservation,,optimum utilization, and rational management of fisheries subject to the exclusive fishery management jurisdiction of the United States under the Fishery Conservation and Management Act of 1976 (Public Law 94-265) (hereinafter referred to as the " Act "); and Whereas the Act provides that after February 28, 1977, no foreign fishing is authorized within the fishery conservation zone, or for anadromous species or Continental Shelf fishery resources beyond the fishery conservation zone, unless (among other exceptions and requirements) such foreign fishing is authorized and conducted pursuant to a governing international fishery agreement; and Whereas the Act also provides that no governing international fishery agreement shall become effective with respect to the United States before the close of the first 60 calendar days of continuous session of the Congress after the date on which the President transmits to the House of Representatives and to the Senate a document setting forth the text of such governing international agreement; and Whereas the Act further provides that Congress may prohibit the entering into force and eifect of any governing international fishery agreement by enactment of a joint resolution originating in either House of Congress during such 60-day period; and Whereas, the sixty-day period will not elapse with respect to any governing international fishery agreement, referred to in the first clause of this preamble, before March 1, 1977, the date on which the fishery conservation zone of the United States takes effect; and Whereas early congressional action on these governing international fishery agreements is necessary in order that fishing vessels of the foreign nations concerned may be permitted to fish in the fishery conservation zone after February 28, 1977, in compliance with such Act; and Whereas these governing international fishery agreements substantially comply with the requirements relating to such agreements contained in section 201(c) of the Act: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That this joint resolution may be cited as the "Fishery Conservation Zone Transition Act".

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Page:United States Statutes at Large Volume 91.djvu/49

 PUBLIC LAW 9 5 - 6 — F E B. 21, 1977 SEC. 2. CONGRESSIONAL APPROVAL OF CERTAIN GOVERNING INTERNATIONAL FISHERY AGREEMENTS. Notwitlistanding section 203 of the Fishery Conservation and Management Act of 1976, the governing international fishery agreement between the Government of the United States of America and— (1) the Government of the People's Republic of Bulgaria Concerning Fisheries Off the Coasts of the United States, as contained in the message to Congress from the President of the United States dated January 14, 1974; (2) the Government of the Socialist Republic of Romania Concerning Fisheries Off the Coasts of the United States, as contained in the message to Congress from the President of the United States dated January 10, 1977; (3) the Government of the Republic of China Concerning Fisheries Off the Coasts of the United States, as contained in the message to Congress from the President of the United States dated January 10, 1977; (4) the Government of the German Democratic Republic Concerning Fisheries Off the Coasts of the United States, as contained in the message to Congress from the President of the United States dated January 10, 1977; (5) the Government of the Union of Soviet Socialist Republics Concerning Fisheries Off the Coasts of the United States, as contained in the message to Congress from the President of the United States dated January 10, 1977; and (6) the Government of the Polish People's Republic Concerning Fisheries Off the Coasts of the United States, as contained in the message to Congress from the President of the United States dated September 16, 1976, is hereby approved by the Congress as a governing international fishery agreement for purposes of the Fishery Conservation and Management Act of 1976. E a c h such agreement shall enter into force and effect with respect to the United States on the date of the enactment of this joint resolution. SEC. 3. AMENDMENTS TO FISHERY CONSERVATION AND MANAGEMENT ACT OF 1976. The Fishery Conservation and Management Act of 1976 (16 U.S.C. 1801etseq.) is amended— (1) by adding immediately after section 205 the following new section: "SEC. 206. TRANSITIONAL PROVISIONS. " (a) DEFINITION. — For purposes of this section, the term 'governing international fishery agreement' does not include any governing international fishery agreement other than a governing international fishery agreement approved by the Congress pursuant to section 2 of the Fishery Conservation Zone Transition Act, or pursuant to any amendment to such section 2 if the effective date of such amendment is not later than February 28, 1977.

91 STAT. 15 16 USC 1823 note. 16 USC 1823.

.1.". 16 USC 1801 note.

16 USC 1826. "Governing international fishery agreement." Supra.

" (b) ACTION BY COUNCILS.—Section 204(b)(5) shall not a p p l y to 16 USC 1824.

any application submitted by a foreign nation pursuant to a governing international fishery agreement for permits authorizing fishing during 1977 by vessels of that nation within the fishery conservation zone o r for anadromous species or Continental Shelf fishery resources beyond such zone, but each appropriate Council may prepare and submit comments to the Secretary on such application— " (1) if the application has been received by the Council on or before the date of the enactment of this section, within 7 days after such date; or

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Page:United States Statutes at Large Volume 91.djvu/50

 91 STAT. 16

PUBLIC LAW 95-6—FEB. 21, 1977

SSftt Uf dj' • •si 5 USC app. I. 16 USC 1824.

16 USC 1857.

"(2) if the application is received by the Council from the Secretary of State after such date of enactment, within 7 days after the date on which the Council receives the application. The provisions of the Federal Advisory Committee Act shall not apply to the actions of any Council in preparing such comments. " (c) PERMITS.—Until May 1, 1977, the requirement in section 204(a) that foreign fishing vessels have on board a valid permit issued under section 204 shall not apply in the case of any foreign fishing vessel for which a permit is issued under an application to which subsection (b) applies. The failure of any such vessel to comply with such requirement before such date shall not be deemed to be a violation of section 307(1) (A). "(d) PERMIT FEES.—Until May 1, 1977, the requirement in section 204(b) (11), regarding the payment of applicable fees before foreign fishing permits are issued, may be waived b^ the Secretary with respect to permits to be issued under any application to which subsection (b) applies if the Secretary is satisfied that the foreign nation which made the application will pay the applicable fees before such date. Any permit issued under the waiver provided by this subsection shall expire on INIay 1, 1977, if the Secretary does not receive on or before such date the applicable fees for the permit."; and (2) by amending the table of contents by inserting immediately after

"Sec. 205. Import prohibitions." the following: "Sec. 206. Transitional provisions." SEC. 4. REPEAL OF NORTHWEST ATLANTIC FISHERIES ACT OF 1950.

Repeal. i r

The N^orthwest Atlantic Fisheries Act of 1950 (16 U.S.C. 981-991) is repealed as of March 1, 1977. Approved February 21, 1977.

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LEGISLATIVE HISTORY:

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CONGRESSIONAL RECORD, Vol. 123 (1977): Feb. 8, considered and passed House. Feb. 10, considered and passed Senate. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 13, No. 9: Feb. 21, Presidential statement. .iMi m>j dl

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Page:United States Statutes at Large Volume 91.djvu/51

 PUBLIC LAW 95-7—FEB. 23, 1977

91 STAT. 17

Public Law 95-7 95th Congress Joint Resolution Extending the filing date of the 1977 Joint Economic Report.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That notwithstanding the provisions of clause (3), Section 5(b) of the Employment Act of 1946 (15 U.S.C. 1024(b)), the Joint Economic Committee shall file its report on the President"s,1977 Economic Report with the Senate and House of Representatives not later than March 30, 1977. Approved February 23, 1977.

LEGISLATIVE HISTORY: CONGRESSIONAL RECORD, Vol. 123 (1977): Feb. 7, considered and passed House. Feb. 11, considered and passed Senate.

Feb. 23, 1977 [H.J. Res. 239] Economic report. Time extension.

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Page:United States Statutes at Large Volume 91.djvu/52

 91 STAT. 18

PUBLIC LAW 95-8—MAR. 3, 1977

Public Law 95-8 95th Congress An Act Mar. 3. 1977 [H.R. 3753] Fishery Conservation Zone Transition Act, amendment. Ante, p. 15. 16 USC 1823 note.

Effective date. 16 USC 1823 note.

To bring certain governing international fishery agreements within the purview of the Fishery Conservation Zone Transition Act.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 2 of the Fishery Conservation Zone Transition Act (Public Law 95-6) is amended— (1) by striking out "and" at the end of paragraph (5); (2) by striking out the comma at the end of paragraph (6) and inserting in lieu thereof a semicolon; (3) by inserting immediately after paragraph (6) the following: "(7) the European Economic Community Concerning Fisheries Off the Coasts of the United States, as contained in the message to Congress from the President of the United States dated February 21, 1977; "(8) the Government of Japan Concerning Fisheries Off the Coasts of the United States (for 1977), as contained in the message to Congress from the President of the United States dated February 21, 1977; "(9) the Government of the Republic of Korea Concerning Fisheries Off the Coasts of the United States, as contained in the message to Congress from the President of the United States dated February 21, 1977; and "(10) the Government of Spain Concerning Fisheries Off the Coasts of the United States, as contained in the message to Congress from the President of the United States dated February 21, 1977;"; and (4) by amending the last sentence thereof to read as follows: "Each such agreement referred to in paragraphs (1) through (6) shall enter into force and effect with respect to the United States on the date of the enactment of this joint resolution, and each such agreement referred to in paragraphs (7) through (10) shall enter into force and effect with respect to the United States on February 27, 1977.". SEC. 2. The amendments made by the first section of this Act shall take effect February 27, 1977. Approved March 3, 1977. LEGISLATIVE HISTORY:

HOUSE REPORT No. 95-31 (Comm. on Merchant Marine and Fisheries). CONGRESSIONAL RECORD, Vol. 123 (1977): Mar. 1, considered and passed House and Senate.

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Page:United States Statutes at Large Volume 91.djvu/53

 PUBLIC LAW 95-9—MAR. 8, 1977

91 STAT. 19

Public Law 95-9 95th Congress Joint Resolution To authorize a special gold medal to be awarded to Miss Marian Anderson.

Mar. 8, 1977 [H.J. Res. 132]

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That in recognition of the Marian highly distinguished and impressive career of Miss Marian Anderson Anderson. for a period of more than a half a century during which she has been Gold medal. the recipient of the highest awards from a score of foreign countries, for her untiring and unselfish devotion to the promotion of the arts in this country and throughout the world including the establishment of scholarships for young people, for her strong and imaginative support to humanitarian causes at home, for her contributions to the cause of world peace through her work as United States delegate to the United Nations and her performances and recordings which have reached an estimated seven million people throughout the world, and her unstinting efforts on behalf of the brotherhood of man, and the >. . many treasured moments she has brought to us with enormous demand '^' ' " ^ on her time, talent, and energy, the President of the United States, or his delegate, is authorized to award to Marian Anderson, in the name of Congress, an appropriate gold medal. For such purpose the Secretary of the Treasury is aut];iorized and directed to cause to be struck a gold medal with suitable emblems, devices, and inscriptions to be determined by the Secretary. SEC. 2. The Secretary of the Treasury shall cause duplicates in Duplicate copies, bronze of such medal to be coined and sold, under such regulations as he may prescribe, at a price sufficient to cover the cost thereof (including labor), and the appropriations used for carrying out the provisions of this section shall be reimbursed out of the proceeds of such sale. SEC. 3. There is authorized to be appropriated the sum of $2,500 to Appropriation authorization. carry out the purposes of this resolution. SEC. 4. The gold medal and the bronze duplicates are national medals within the meaning of section 3551 of the Revised Statutes (31 U.S.C. 368). Approved March 8, 1977.

LEGISLATIVE HISTORY: CONGRESSIONAL RECORD, Vol. 123 (1977): Feb. 23, considered and passed House. Feb. 24, considered and passed Senate.

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Page:United States Statutes at Large Volume 91.djvu/54

 PUBLIC LAW 95-10—MAR. 10, 1977

91 STAT. 20

Public Law 95-10 95th Congress An Act Mar. 10, 1977 [H.R. 3347]

Certain budget authority rescissions. 31 USC 1301 note.

To rescind certain budget authority recommended in the message of the President of September 22, 1976 (H. Doc. 94-620), transmitted pursuant to the Impoundment Control Act of 1974.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following rescission of budget authority contained in the message of the President of September 22, 1976 (H. Doc. 94-620), is made pursuant to the Impoundment Control Act of 1974; namely: DEPARTMENT OF THE INTERIOR BUREAU h

75 Stat. 246.

,

or

MINES

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HELIUM FUND

Contract authority under this head provided by Public Law 87-122 for the fiscal year 1977 is rescinded in the amount of $47,500,000. Approved March 10, 1977.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-22 (Comm. on Appropriations). SENATE REPORT No. 95-29 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 123 (1977): Feb. 23, considered and passed House. Feb. 25, considered and passed Senate.

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 PUBLIC LAW 95-11—MAR. 15, 1977

91 STAT. 21

Public Law 95-11 95th Congress An Act To dedicate the canal and towpath of the Chesapeake and Ohio Canal National Historical I'ark to Justice William. Douglas, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the canal and towpath of the Chesapeake and Ohio Canal National Historical Park are hereby dedicated to Justice William O. Douglas in grateful recognition of his long outstanding service as a prominent American conservationist and for his efforts to preserve and protect the canal and towpath from development. SEC. 2. In order to carry out the provisions of this Act, the Secretary of the Interior is authorized and directed to provide such identification by signs, including, but not limited to changes in existing signs, materials, maps, markers, interpretive programs or other means as will appropriately inform the public of the contributions of Justice William O. Douglas. SEC. 3. The Secretary of the Interior is further authorized and directed to cause to be erected and maintained, within the exterior boundaries of the Chesapeake and Ohio Canal National Historical Park, an appropriate memorial to Justice William O. Douglas. Such memorial shall be of such design and be located at such place within the park as the Secretary shall determine. SEC. 4. There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act. Approved March 15, 1977.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-38 (Coram, on Interior and Insular Affairs). CONGRESSIONAL RECORD, Vol. 123 (1977): Feb. 24, considered and passed Senate. Mar. 2, considered and passed House.

Mar. 15, 1977 [S. 776] Chesapeake and Ohio Canal National Historical Park. Dedication to Justice William 0. Douglas. 16 USC 410y note. 16 USC 410y note.

Memorial. 16 USC 410y note.

Appropriation authorization. 16 USC 410y note.

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 91 STAT. 22

PUBLIC LAW 95-12—MAR. 18, 1977

Public Law 95-12 95th Congress An Act Mar. 18, 1977 [H.R. 1746]

Rhodesian chrome. Importation prohibition.

Steel mill products, certificate of origin.

Infra. Regulations. Subpenas.

Certification requirement, exemption. Release from customs custody.

To amend the United Nations Participation Act of 1945 to halt the importation of Rhodesian chrome. Be it enacted by the Senate and House of Repveserdatives of the United States of America in Congress assembled., That section 5 of the United Nations Participation Act of 1945 (22 U.S.C. 287c) is amended— (1) by addintj at the end of subsection (a) the following new sentences: "Any Executive order which is issued under this subsection and which applies measures against Southern Rhodesia pursuant to any United Nations Security Council Resolution may be enforced, notwithstanding the provisions of any other law. The President may exempt from such Executive order any shipment of chromium in any form which is in transit to the United States on the date of enactment of this sentence."; and (2) by adding at the end thereof the following new subsection: "(c)(1) During the period in which measures are applied against Southern Rhodesia under subsection (a) pursuant to any United Nations Security Council Resolution, a shipment of any steel mill product (as such product may be defined by the Secretary) containing chromium in any form may not be released from customs custody for entry into the United States if— "(A) a certificate of origin with respect to such shipment has not Ix^en filed with the Secretary; or "(B) in the case of a shipment with respect to which a certificate of origin has been filed with the Secretary, the Secretary determines that the information contained in such certificate does not adequately establish that the steel mill product in such shipment docs not contain chromium in any form which is of Southern Rhodesian origin; unless such release is authorized by the Secretary under paragraph (3)(B) o r (C). "(2) The Secretary shall prescribe regulations for carrying out this subsection. "(3)(A) In cairying out this subsection, the Secretary may issue subpenas requiring the attendance and testimony of witnesscs and the production of evidence. Any such subpena may, upon application by the Secretary, be enforced in a civil action in an appropriate United States district court. "(B) The Secretary may exempt from the certification requirements of this subsection any shipment of a steel mill product containing chromium in any form which is in transit to the United States on the date of enactment of this subsection. "(C) Under such circumstances as he deems appropriate, the Secretary may release from customs custody for entry into the United States, under such bond as he may require, any shipment of a steel mill product containing chromium in any form.

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 PUBLIC LAW 95-12—MAR. 18, 1977 "(4) As used in this subsection— "(A) the term 'certificate of origin' means such certificate as the Secretary may require, with respect to a shipment of any steel mill product containing chromium in any form, issued by the government (or by a designee of such government if the Secretary is satisfied that such designee is the highest available certifying authority) of the country in which such steel mill product was produced certifying that the steel mill product in such shipment contains no chromium in any form which is of Southern Rhodesian origin; and "(B) the term 'Secretary' means the Secretary of the Treasury.". SEC. 2. (a) Upon the enactment of this Act, the President may suspend the operation of the amendments contained in this Act if he determines that such suspension would encourage meaningful negotiations and further the peaceful transfer of governing power from minority rule to majority rule in Southern Rhodesia. Such suspension shall remain in effect for such duration as deemed necessary by the President. (b) If the President suspends the operation of the amendments contained in this Act, he shall so report to the Congress. In addition, the President shall report to the Congress when he terminates such suspension. (c) If the President suspends the operation of the amendments contained in this Act, any reference in those amendments to date of enactment shall be deemed to be a reference to the date on which such suspension is terminated by the President. Approved March 18, 1977.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-59 (Comm. on International Relations). SENATE REPORT No. 95-37 accompanying S. 174 (Comm. on Foreign Relations). CONGRESSIONAL RECORD, Vol. 123 (1977): Mar. 11, S. 174 considered in Senate. Mar. 14, considered and passed House; S. 174 considered in Senate. Mar. 15, considered and passed Senate, in lieu of S. 174. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 13, No. 12: Mar. 18, Presidential statement.

91 STAT. 23 Definitions.

Operation of amendments, suspension. 22 USC 287c note.

Report to Congress.

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 91 STAT. 24

PUBLIC LAW 95-13—MAR. 21, 1977

Public Law 95-13 95th Congress Joint Resolution Mar. 21, 1977 [HJ. Res. 269]

Disaster relief. Supplemental appropriation.

Making an urgent supplemental appropriation for the fiscal year ending September 30, 1977, for disaster relief.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sum is appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 1977, namely: FUNDS A P P R O P R I A T E D TO THE P R E S I D E N T FEDERAL DISASTER ASSISTANCE ADMINISTRATION DISASTER R E L I E F

For an additional amount for "Disaster relief", $200,000,000, to remain available until expended: Provided, That not to exceed 3 per centum of the foregoing amount shall be available for administrative expenses. Approved March 21, 1977.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-33 (Comm. on Appropriations). SENATE REPORT No. 95-40 (Comm. on Appropriations) CONGRESSIONAL RECORD, Vol. 123 (1977): Mar. 3, considered and passed House. Mar. 11, considered and passed Senate.

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 PUBLIC LAW 95-14—MAR. 24, 1977

Public Law 95-14 95th Congress

91 STAT. 25

i.- f

'

An Act To amend the Small Business Act and the Small Business Investment Act of 1958.

Mar. 24, 1977 [H.R. 2647]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Small Business Act and Small BUSINESS LOAN AND INVESTMENT F U N D

Busmess

Investment Act ot

1. Section 4(c)(4) of the Small Business Act is amended ^^^\ by strikinij out "$6,000,000,000" and by inserting in lieu thereof i?^n«r A'JQ "$7,400,000,000''. ^^ ^^^ ^^•^• SECTION

ECONOMIC OPPORTUNITY LOANS

SEC. 2. Section 4(c)(4) of the Small Business Act is amended by striking out "$450,000,000'' and by inserting in lieu thereof "$525,000,000". SMALL BUSINESS INVESTMENT COMPANIES

SEC. 3. Section 4(c)(4) of the Small Business Act is amended by Striking out "$725,000,000" and by inserting in lieu thereof "$887,500,000".

•'^•'-'- -•^•

SURETY BOND GUARANTEES

SEC. 4. Section 412 of the Small Business Investment Act of 1958 15 USC 694c. is amended by striking out "$56,500,000" and by inserting in lieu thereof "$110,000,000". Approved March 24, 1977. '^'. tj,:.. -.

'•"^

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 95-2 (Comm. on Small Business) and No. 95-62 (Comm. of Conference). SENATE REPORT No. 95-3 accompanying S. 243 (Comm. on Small Business). CONGRESSIONAL RECORD, Vol. 123 (1977): Feb. 1, considered and passed House. Feb. 22, considered and passed Senate, amended, in lieu of S. 243. Mar. 14, House agreed to conference report. Mar. 17, Senate agreed to conference report.

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 PUBLIC LAW 95-15—MAR. 25, 1977

91 STAT. 26

Public Law 95-15 95th Congress

'.'»''B I

An Act Mar. 25, 1977 [H.R. 3839]

Certain budget authority. Rescission. 31 USC 1400 note.

To rescind certain budget authority recommended in the message of the President of January 17, 1977 (H. Doc. 95-48), transmitted pursuant to the Impoundment Control Act of 1974.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following rescissions of budget authority proposed in the message of the President of January 17, 1977 (H. Doc. 95-48), are made pursuant to the Impoundment Control Act of 1974, namely: < V

CHAPTER I

'

DEPARTMENT OF DEFENSE—MILITARY RETIRED MILITARY PERSONNEL RETIRED PAY, DEFENSE

90 Stat. 1279.

i Ifc'^

Of the funds appropriated under this head in the Department of Defense Appropriation Act, 1977, $143,600,000 are rescinded. PROCUREMENT SHIPBUILDING AND CONVERSION, NAVY

Of the funds appropriated under this head in the Department of Defense Appropriation Act, 1977, $452,600,000 are rescinded. OTHER PROCUREMENT, AIR FORCE 88 Stat. 1212.

^

Of the funds appropriated under this head in the Department of Defense Appropriation Act, 1975, $14,350,000 are rescinded. CHAPTER II FUNDS A P P R O P R I A T E D TO THE P R E S I D E N T t. « '

90 Stat. 1465.

FOREIGN MILITARY CREDIT SALES

Of the funds appropriated under this head in the Foreign Assistance and Related Programs Appropriations Act, 1977, $41,500,000 are rescinded.

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 PUBLIC LAW 95-15—MAR. 25, 1977

'

91 STAT. 27

CHAPTER III DEPARTMENT OF STATE INTERNATIONAL ORGANIZATIONS AND CONFERENCES CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES

' Of the funds appropriated under this head in the Departments of State, Justice, and Commerce, the Judiciary, and Related Agencies Appropriation Act, 1977, $12,000,000 are rescinded. 90 Stat. 937. Approved March 25, 1977.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-37 (Coram, on Appropriations). SENATE REPORT No, 95-41 (Coram, on Appropriations). CONGRESSIONAL RECORD, Vol. 123 (1977): Mar. 3, considered and passed House. Mar. 15, considered and passed Senate.

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 91 STAT. 28

PUBLIC LAW 95-16—APR. 1, 1977

Public Law 95-16 95th Congress

'*i t- r i: » •

Joint Resolution Apr. 1, 1977 [H.J. Res. 351] Continuing appropriations, 1977. 90 Stat. 2065.

Making further continuing appropriations for the fiscal year 1977, and for other purposes.

Resolved bp the Senate and House of Representatives of the United States of America in Congress assembled, That clause (c) of section 102 of the joint resolution of October 11, 1976 (Public Law 94-473), is hereby amended by striking out "March 31, 1977" and inserting in lieu thereof "April 30, 1977". SEC. 2. Such joint resolution is further amended by adding at the end thereof the following new section: "SEC. 113. Such amount as may be necessary for the quarter ending March 31, 1977, for payments to the State and Local Government Fiscal Assistance Trust Fund, as authorized by the State and Local Fiscal Assistance Act of 1972, as amended (31 U.S.C. 1221-1263).". Approved April 1, 1977.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-127 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 123 (1977): Mar. 29, considered and passed House and Senate.

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 PUBLIC LAW 95-17—APR. 6, 1977

91 STAT. 29

Public Law 95-17 95th Congress An Act To reestablish the period within which the President may transmit to the Congress plans for the reorganization of agencies of the executive branch of the Government, and for other purposes.

Be it enacted by the Seriate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Reorganization Act of 1977". SEC. 2. Chapter 9 of title 5, United States Code, is amended to read as follows:

Apr. 6. 1977 [S. 626]

Reorganization Act of 1977. 5 USC 901 note.

"Chapter 9.—EXECUTIVE REORGANIZATION "Sec.

"901. "902. "903. "904. "905. "906. "907. "908. "909. "910. "911. "912.

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Purpose. Definitions. Reorganization plans. Additional contents of reorganization plan. Limitations on powers. Effective date and publication of reorganization plans. Effect on other laws, pending legal proceedings, and unexpended appropriations. Rules of Senate and House of Representatives on reorganization plans. Terms of resolution. Introduction and reference of resolution. Discharge of committee considering resolution. Procedure after report or discharge of committee; debate; vote on final disapproval.

"§ 901. Purpose 5 USC 901. "(a) The Congress declares that it is the policy of the United States— "(1) to promote the better execution of the laws, the more effective management of the executive branch and of its agencies and functions, and the expeditious administration of the public business; " (2) to reduce expenditures and promote economy to the fullest extent consistent with the efficient operation of the Government; "(3) to increase the efficiency of the operations of the Government to the fullest extent practicable; "(4) to group, coordinate, and consolidate agencies and functions of the Government, as nearly as may be, according to major purposes; "^5) to reduce the number of agencies by consolidating those having similar functions under a single head, and to abolish such agencies or functions thereof as may not be necessary for the efficient conduct of the Government; and " (6) to eliminate overlapping and duplication of effort. "(b) Congress declares that the public interest demands the carrying out of the purposes of subsection (a) of this section and that the purposes may be accomplished in great measure by proceeding under this chapter, and can be accomplished more speedily thereby than by the enactment of specific legislation. "(c) I t is the intent of Congress that the President should provide Citizen advice appropriate means for broad citizen advice and participation in and participation, restructuring and reorganizing the executive branch.

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 91 STAT. 30

PUBLIC LAW 95-17—APR. 6, 1977

Examination of "(d) The President shall from time to time examine the organizaorganizationofall tion of all agencies and shall determine what changes in such organiagencies. zation are necessary to cany out any policy set forth in subsection (a) of this section. ^*.. 5 USC 902. "§ 902. Definitions "For the purpose of this chapter— "(1) 'agency'means— " (A) an Executive agency or pait thereof; and "• (B) an office or officer in the executive branch; but does not include the General Accounting Office or the Comptroller General of the United States; "(2) 'reorganization' means a transfer, consolidation, coordination, authorization, or abolition, referred to in section 903 of this title; and "(3) 'officer' is not limited by section 2104 of this title. 5 USC 903. ' § 9€3. Reorganization plans " (a) Whenever the President, after investigation, finds that changes in the organization of agencies are necessary to carry out any policy set forth in section 901(a) of this title, he shall prepare a reorganization plan specifying the reorganizations he finds are necessary. Any plan may provide for— "(1) the transfer of the whole or a part of an agency, or of the whole or a part of the functions thereof, to the jurisdiction and control of another agency; " (2) the abolition of all or a part of the functions of an agency, except that no enforcement function or statutory program shall be abolished by the plan; ^ "(3) the consolidation or coordination of the whole or a part of an agency, or of the whole or a part of the functions thereof, with the whole or a part of another agency or the functions thereof; "(4) the consolidation or coordination of a part of an agency or the functions thereof with another part of the same agency or the functions thereof; "(5) the authorization of an officer to delegate any of his functions; or "(6) the abolition of the whole or a part of an agency which agency or part does not have, or on the taking effect of the reorganization plan will not have, any functions. Transmittal to The President shall transmit the plan (bearing an identification numCongress. b^r) to the Congress together with a declaration that, with respect to each reorganization included in the plan, he has found that the reorganization is necessary to carry out any policy set forth in section 901(a) of this title. "(b) The President shall have a reorganization plan delivered to both Houses on the same day and to each House while it is in session, except that no more than three plans may be pending before the Congress at one time. In his message transmitting a reorganization plan, the President shall specify with respect to each abolition of a function included in the plan the statutory authority for the exercise of the function. The message shall also estimate any reduction or increase in expenditures (itemized so far as practicable), and describe any improvements in management, delivery of Federal services, execution of the laws, and increases in efficiency of Government operations, which it is expected will be realized as a result of the reorganizations included in the plan.

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 PUBLIC LAW 95-17—APR. 6, 1977

91 STAT, 31

"(c) Any time during the period of thirty calendar days of con- Amendments or tinuous session of Congress after the date on which the plan is trans- modifications. mitted to it, but before any resolution described in section 909 has been ordered reported in either House, the President may make amendments or modifications to the plan, consistent with sections 903-905 of this title, which modifications or levisions shall thereafter be treated as a part of the reorganization plan originally transmitted and shall not affect in any way the time limits otherwise provided for in this chapter. The President may withdraw the plan any time prior to the Withdrawal. conclusion of sixty calendar days of continuous session of Congress following the date on which the plan is submitted to Congress. 5 USC 904. "§904. Additional contents of reorganization plan "A icorganizati<m plan ti-ansmitted by the President under section 90;? of this title— "(1) may change, in such cases as the President considers necessary, the name of an agency affected by a reorganization and the title of its head, and shall designate the name of an agency resulting from a reorganization and the title of its head; "(2) may provide for the appointment and pay of the head and one or more officefs of any agency (including an agency resulting from a consolidation or other type of reorganization) if the President finds, and in his message transmitting the plan declares, that by reason of u reorganization made by the plan the provisions are necessary; "(3) shall provide for the transfer or other disposition of the records, property, and personnel affected by a reorganization; "(4) shall provide for the transfer of such unexpended balances of appropriations, and of other funds, available for use in connection with a function or agency affected by a reorganization, as the President considers necessary by reason of the reorganization for use in connection with the functions aff'ected by the reorganization, or for the use of the agency which shall have the functions after- the reorganization plan is effective; and "(5) shall provide for terminating the affairs of an agency abolished. A reorganization plan transmitted by the President containing provisions authorized by paragraph (2) of this section may provide that the head of an agency be an individual or a commission or board with more than one member. In the case of an appointment of the head of such an agency, the term of office may not be fixed at more than four years, the pay may not be at a rate in excess of that found by the President to be applicable to comparable officers in the executive branch, and if the appointment is not to a position in the competitive service, it shall be by the President, by and with the advice and consent of the Senate. Any reorganization plan transmitted by the President containing provisions required by paragraph (4) of this section shall provide for the transfer of unexpended balances only if such balances are used for the purposes for which the appropriation was originally made. "§905. Limitation on powers "(a) A reorganization plan may not provide for, and a reorganization under this chapter may not have the effect of— "(1) creating a new executive department, abolishing or transferring an executive department or independent regulatory agency, or all the functions thereof, or consolidating two or more executive departments or two or more independent regulatory agencies, or all the functions thereof;

29-194

0 - 8 0

5 USC 905.

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 91 STAT. 32

M^ M Ante, p. 29.

5 USC 906.

Printing in Statutes at Large and Federal Register. 5 USC 907.

.50v \jt\} c

"Regulation or other action."

PUBLIC LAW 95-17—APR. 6, 1977 " (2) continuing an agency beyond the period authorized by law for its existence or beyond the time when it would have terminated if the reorganization had not been made; "(3) continuing a function beyond the period authorized by law for its exercise or beyond the time when it would have terminated if the reorganization had not been made; "(4) authorizing an agency to exercise a function which is not expressly authorized by law at the time the plan is transmitted to Congress; "(5) increasing the term of an office beyond that provided by law for the office; or "(6) dealing with more than one logically consistent subject matter. " (b) A provision contained in a reorganization plan may take effect only if the plan is transmitted to Congress within three years of the date of enactment of the Reorganization Act of 1977. "§906. Effective date and publication of reorganization plans "(a) Except as otherwise provided under subsection (c) of this section, a reorganization plan is effective at the end of the first period of sixty calendar days of continuous session of Congress after the date on which the plan is transmitted to it unless, between the date of transmittal and the end of the sixty-day period, either House passes a resolution stating in substance that the House does not favor the reorganization plan. " (b) For the purpose of this chapter— "(1) continuity of session is broken only by an adjournment of Congress sine die; and "(2) the days on which either House is not in session because of an adjournment of more than three days to a day certain are excluded in the computation of any period of time in which Congress is in continuous session. "(c) LTnder provisions contained in a reorganization plan, any provision thereof may be effective at a time later than the date on which the plan otherwise is effective or, if both Houses of Congress have defeated a resolution of disapproval, may be effective at a time earlier than the expiration of the sixty-day period required by subsection (a). "(d) A reorganization plan which is effective shall be printed (1) in the Statutes at Large in the same volume as the public laws and (2) in the Federal Register. "§ 907. Effect on other laws, pending legal proceedings, and unexpended appropriations "(a) A statute enacted, and a regulation or other action made, prescribed, issued, granted, or performed in respect of or by an agency or function affected by a reorganization under this chapter, before the effective date of the reorganization, has, except to the extent rescinded, modified, superseded, or made inapplicable by or under authority of law or by the abolition of a function, the same effect as if the reorganization had not been made. However, if the statute, regulation, or other action has vested the functions in the agency from which it is removed under the reorganization plan, the function, insofar as it is to be exercised after the plan becomes effective, shall be deemed as vested in the agency under which the function is placed by the plan. "(b) For the purpose of subsection (a) of this section, 'regulation or other action' means a regulation, rule, order, policy, determination, directive, authorization, permit, privilege, requirement, designation, or other action.

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 PUBLIC LAW 95-17—APR. 6, 1977

91 STAT. 33

"(c) A suit, action, or other proceeding lawfully commenced by or against the head of an agency or other officer of the United States, in his official capacity or in relation to the discharge of his official duties, does not abate by reason of the taking effect of a reorganization plan under this chapter. On motion or supplemental petition filed at any time within twelve months after the reorganization plan takes effect, showing a necessity for a survival of the suit, action, or other proceeding to obtain a settlement of the questions involved, the court may allow the suit, action, or other proceeding to be maintained by or against the successor of the head or officer under the reorganization effected by the plan or, if there is no successor, against such agency or officer as the President designates. "(d) The appropriations or portions of appropriations unexpended .-.) by reason of the operation of the chapter may not be used for any purpose, but shall revert to the Treasury. "§908. Rules of Senate and House of Representatives on reorga- 5 USC 908. nization plans "Sections 909 through 912 of this title are enacted by Congress— " (1) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such they are deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of resolutions described by section 909 of this title; and they supersede other rules only to the extent that they are inconsistent therewith; and "(2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner and to the same extent as in the case of any other rule of that House. 5 USC 909. "§909. Terms of resolution "For the purpose of sections 908 through 912 of this title, 'resolu- "Resolution." tion' means only a resolution of either House of Congress, the matter after the resolving clause of which is as follows: 'That the does not favor the reorganization plan numbered transmitted to the Congress by the President on, 19.', and includes such modifications and revisions as are submitted by the President under section 903(c) of this chapter. The blank spaces therein are to be -.1filled appropriately. The term does not include a resolution which specifies more than one reorganization plan. 5 USC 910. "§910. Introduction and reference of resolution "(a) No later than the first day of session following the day on which a reorganization plan is transmitted to the House of Representatives and the Senate under section 903, a resolution, as defined in section 909, shall be introduced (by request) in the House by the chairman of the Government Operations Committee of the House, or by a Member or Members of the House designated by such chairman; and shall be introduced (by request) in the Senate by the chairman of the Governmental Affairs Committee of the Senate, or by a Member or Members of the Senate designated by such chairman. "(b) A resolution with respect to a reorganization plan shall be Referral to referred to the Committee on Governmental Affairs of the Senate congressional and the Committee on Government Operations of the House (and all committees by resolutions with respect to the same plan shall be referred to the same President of the Senate or committee) by the President of the Senate or the Speaker of the Speaker of the House of Representatives, as the case may be. The committee shall House. make its recommendations to the House of Representatives or the

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 91 STAT. 34

PUBLIC LAW 95-17—APR. 6, 1977

Senate, respectively, within 45 calendar days of continuous session of Congress following the date of such resolution's introduction. 5 USC 911. "§ 911. Discharge of committee considering resolution "If the committee to which is referred a resolution introduced pursuant to subsection (a) of section 910 (or, in the absence of such a resolution, the first resolution introduced with respect to the same reorganization plan) has not reported such resolution or identical resolution at the end of 45 calendar days of continuous session of Congress after its introduction, such committee shall be deemed to be discharged from further consideration of such resolution and such resolution shall be placed on the appropriate calendar of the House involved. 5 USC 912. "§ 912. Procedure after report or discharge of committee; debate; vote on final disapproval <,,a "(a) AVhen the committee has reported, or has been deemed to be discharged (under section 911) from further consideration of, a resolution with respect to a reorganization plan, it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for any ]\lember of the respective House to move to proceed to the consideration of the resolution. The motion is highly privileged and is not debatable. The motion shall not be subject to amendment, or to a motion to postpone, or a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the resolution is agreed to, the resolution shall remain the unfinished business of the respective House until disposed of. Debate, "(b) Debate on the resolution, and on all debatable motions and limitation. a]>peals in connection therewith, shall be limited to not more than ten hours, which shall be divided equally between individuals favoring
 * jj.

.< and individuals opposing the resolution. A motion further to limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the resolution is not in order. A motion to reconsider the vote by which the resolution is agreed to or disagreed to shall not be in order. Vote on final "(c) Immediately following the conclusion of the debate on the approval. resolution with respect to a reorganization plan, and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate House, the vote on final approval of the resopi'' 3 "to lution shall occur.

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 PUBLIC LAW 95-17—APR. 6, 1977

91 STAT. 35

'"(d) Appeals from the decisions of the Chair relating to the appli- Appeals, cation of the rules of the SeJiate or the House of Representatives, as the case may be. to the procedure relating to a resolution with respeot to a reorganization plan shall be decided without debate,"'. Approved April 6, 1977.

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LEGISLATIVE HISTORY: HOUSE REPORT No. 95-105 accompanying H.R. 5045 (Comm. on Government Operations). SENATE REPORT No. 95-32 (Comm. on Government Affairs). CONGRESSIONAL RECORD, Vol. 123 (1977): Mar. 3, considered and passed Senate. Mar. 29, considered and passed House, amended, in lieu of H.R. 5045. Mar. 31, Senate concurred in House amendments. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 13, No. 15: Apr. 6, Presidential statement.

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