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Page:United States Statutes at Large Volume 91.djvu/245

 PUBLIC LAW 95-42—JUNE 10, 1977

91 STAT. 211

'-' (4) Section 7(b) is amended by changing the period at the end 16 USC 460/-9. thereof to a colon and adding the following: ^''Provided, however, That appropriations from the fund may be used for preacquisition work in instances where authorization is imminent and where substantial monetary savings could be realized.". (5) Section 7 is amended by adding the following new subsection: "(c)

BOUNDARY CHANGES: DONATIONS.—W'henever the Secretary

Notice to congressional committees. Publication in Federal Register.

of the Interior determines that to do so will contribute to, and is necessary for, the proper preservation, protection, interpretation, or management of an area of the national park system, he may, following timely notice in writing to the Committee on Interior and Insular Affairs of the House of Representatives and to the Committee on Energy and Natural Resources of the Senate of his intention to do so, and by publication of a revised boundary map or other description in the Federal Register, (i) make minor revisions of the boundary of the area, and moneys appropriated from the fund shall be available for acquisition of any lands, waters, and interests therein added to the area by such boundary revision subject to such statutory limitations, if any, on methods of acquisition and appropriations thereof as may be specifically applicable to such area: Provided, however, That such authority shall expire ten years from the date of enactment of the authorizing legislation establishing such boundaries; and (ii) acquire by donation, purchase with donated funds, transfer from any other Federal agency, or exchange, lands, waters, or interests therein adjacent to such area, except that in exercising his authority under this clause (ii) the Secretary may not alienate property administered as part of the national park system in order to acquire lands by exchange, the Secretary may not acquire property without the consent of the owner, and the Secretary may acquire property owned by a State or political subdivision thereof only by donation. Prior to mak- Consultation. ing a determination under this subsection, the Secretary shall consult with the duly elected governing body of the county, city, town, or other jurisdiction or jurisdictions having primary taxing authority over the land or interest to be acquired as to the impacts of such proposed action, and he shall also take such steps as he may deem appropriate to advance local public awareness of the proposed action. Lands, waters, and interests therein acquired in accordance with this Administration. subsection shall be administered as part of the area to which they are added, subject to the laws and regulations applicable thereto.". SEC. 2. (a)(1) For the purpose of improving the effectiveness and Land acquisition efficiency of the management of the Roosevelt National Forest, Colorado, and coordinating the acquisition of lands within the forest which are suitable for such management with the acquisition of lands for parks and recreation purposes pursuant to subsection (b) of this section, the Secretary of Agriculture is authorized to acquire those privately owned lands within the boundaries of the forest which are suitable for national forest purposes and which were adversely affected by the Big Thompson flood of July 31, 1976, and such other adjacent private lands within the boundaries of the forest as are available and suitable for national forest purposes.

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Page:United States Statutes at Large Volume 91.djvu/246

 91 STAT. 212 Fair market value. 42 USC 4001 note.

Funds, availability.

16 USC 460/-8. 16 USC 460/-4.

PUBLIC LAW 95-42—JUNE 10, 1977 (2) Lands identified for acquisition pursuant to paragraph (1) of this subsection which lie within the Big Thompson/North Fork Floodways, designated pursuant to the National Flood Insurance Act of 1968 (82 Stat. 572), as amended, shall be acquired at the fair market value of such lands (not including any improvements thereon) immediately prior to the occurrence of the flood: Provided, That such lands shall (i) be unimproved, or (ii) include structures which have sustained damage amounting to 50 per centum or more of their market value. (3) Lands identified for acquisition pursuant to paragraph (1) of this subsection which are not lands described in paragraph (2) of this subsection shall be acquired at no less than appraised fair market value based on an appraisal of each parcel of such lands approved by the Secretary of Agriculture under the authority of section 11 of the Act of August 3, 1956 (70 Stat. 1034, U.S.C. 428a (a)). (4) Moneys appropriated to carry out this subsection shall be available until expended or until January 1, 1980, whichever is earlier. (b) Notwithstanding any other provision of law, in the case of lands acquired for the Big Thompson/North Fork Canyons Eecreational Lands Acquisition Project in Larimer County, Colorado, for which financial assistance is authorized under section 6(e)(1) of the Land and Water Conservation Fund Act of 1965 (78 Stat. 987, as amended; 16 U.S.C. 4 6 0 1 ^ et seq.), if such lands are located within the Big Thompson/North Fork Flood ways and are (i) unimproved or (ii) include structures which have sustained damage amounting to 50 per centum or more of their market value, such assistance may be provided for an amount equal to the market value of such lands (not including any improvements thereon) immediately prior to the occurrence of the Big Thompson flood of July 31, 1976. Approved June 10, 1977.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-156 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 95-162 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 123 (1977): Apr. 4, considered and passed House. May 18, considered and passed Senate, amended. May 25, House concurred in certain Senate amendments; concurred with amendment in another. May 26, Senate concurred in House amendment. WEEKLY eOMPILATION OF PRESIDENTIAL DOeUMENTS, Vol. 13, No. 25: June 11, Presidential statement.

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


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Page:United States Statutes at Large Volume 91.djvu/247

 PUBLIC LAW 95-43—JUNE 15, 1977

91 STAT. 213

Public Law 95-43 95th Congress An Act To make certain technical and miscellaneous amendments to provisions relating to higher education contained in the Education Amendments of 1976.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) the Higher Education Act of 1965 is amended as follows: (1) Section 103(a) of the Higher Education Act of 1965 is amended by striking out "July 1, 1975" and inserting in lieu thereof "July 1, 1974". (2) Section 104 of such Act is amended by striking out the comma after "material sharing programs". (3) Section 105(a)(6) of such Act is amended by inserting "provide" immediately before "assurances". (4) Section 133(a)(7) of such Act is amended by striking out "Commissioner's" and inserting in lieu thereof "Assistant Secretary's". (5)(A) Section 411(b)(3)(B) of the Act is amended by redesignating divisions (ii), (iii), and (iv) as divisions (iii), (iv), and (v), respectively, and by inserting after division (i) the following: "(ii) If, during any fiscal year, funds available for making payments under this subpart exceed the amount necessary to make the payments prescribed in division (i), such excess shall be paid with respect to each entitlement under this subpart in proportion to the degree to which that entitlement is unsatisfied.". (B) Subparagraphs (A) and (B) of section 411(b)(4) of the Act are each amended by inserting ", at the end of a fiscal year," after (6) Section 415C(b)(4) of such Act is amended by striking out "July 1, 1977" and inserting in lieu thereof "October 1, 1978". (7) Section 415E of such Act is amended by striking out "having an agreement under section 428(b)" and inserting in lieu thereof "operating, through an agency of the State or through a nonprofit private institution or organization designated by a State, a program under section 428(b)". (8) Section 421(a) of such Act is amended by striking out "428(c) (1)(A) " and inserting in lieu thereof "428(a)(1)(C)". (9) Sections 421(b)(3) and 427(a)(2)(E) of such Act are each amended by striking out the period at the end thereof and inserting in lieu thereof a comma. (10) Section 421(c)(1) of such Act is amended by inserting "(whether operated by an agency of the State or by a nonprofit private institution or organization designated by the State)" after "by each State". (11) Section 422(c)(2) of such Act is amended— (A) in subparagraph (A)— (i) by striking out "the greater of (i) $50,000, or (ii)"; (ii) by inserting "of loans made by lenders and" after "10 per centum of the principal amount"; (B) in subparagraph (B), by inserting at the end thereof the following new sentence: "Notwithstanding subparagraph (A) and the preceding sentence of this subparagraph, but subject to subparagraph (D) of this paragraph, the amount of any advance

June 15, 1977 [H.R. 6774] Higher Education Act of 1965, amendments. 20 USC 1003. 20 USC 1004. 20 USC 1005. 20 USC 1015b. 20 USC 1070a.

20 USC 1070C-2. 20 USC 1070C-4. Post, p. 215.

20 USC 1071. 20 USC 1077.

20 USC 1072.

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Page:United States Statutes at Large Volume 91.djvu/248

 91 STAT. 214

PUBLIC LAW 95-43—JUNE 15, 1977 to a State described in paragraph (5)(A) for the first year of its eligibility under snch paragraph, and the amount of any advance to any State described in paragraph (5)(B) for each year of its eligibility under such paragraph, shall not be less than $50,000.";

• --•

•

V,

and

(C) by adding after subparagraph (C) the following new subparagraph: "(D) If the sums appropriated for any fiscal year for paying the amounts determined under subparagraphs (A) and (B) are not sufficient to pay such amounts in full, then such amounts shall be reduced— " (i) by ratably reducing that portion of the amount allocated to each State which exceeds $50,000; and "(ii) if further reduction is required, by equally reducing the '' <• $50,{)00 minimum allocation of each State, If additional sums become available for paying such amounts for any ' '• fiscal year during which the preceding sentence has been applied, such reduced amounts shall be increased on the same basis as they were reduced.". 20 USC 1072. (12) Section 422(c)(5)(B) of such Act is amended by inserting -^» ' - after "effective date of this subsection" the following: "or which is not actively carrying on a program under an agreement pursuant to such section on such date". (13) Section 422(c)(6)(B) (iii) of such Act is amended by inserting "eligible" inmiediately before "institution" each place it appears. 20 USC 1073. (^i^^ Section 423(b) of such Act is amended by striking out "or" at the end of paragraph (1), by striking out the period at the end of paragraph (2) and inserting in lieu thereof ", or", and by adding after such paragraph the following: " (3) under such circumstances as may be approved by the State or nonprofit private institution or organization in such State with Post, p. 215. " > which the Commissioner has an agreement under section 428(b), for the insurance of a loan to a borrower for whom such lender

previously was issued such a certificate if the loan covered by such certificate is not yet repaid.". 20 USC 1075. (15) Section 425(a)(1)(A) of such Act is amended— (A) by striking out "a loan to a student who is or will be in his first year of a program of undergraduate education" and insert• • ' • • ''•' ing in lieu thereof "loans to a student for his first academic year of a program of postsecondary education"; ' ' • • (B) by striking out "program which is" and inserting in lieu 'r~.' thereof "program, which are"; (C) by striking out "or which is" and inserting in lieu thereof >j,i "or which are"; and ^ (D) by striking out "the loan" and inserting in lieu thereof "the total of such loans". (16) Section 425(a)(1)(B) of such Act is amended by striking out " "to a student for his first academic year of postsecondary education" and inserting in lieu thereof "to such a first-year student". (17) Section 425(a)(1) of such Act is amended by inserting after the last sentence thereof the following: "For the purpose of clause (B), all loans made within any period of 90 days shall be considered a single loan.". 20 USC 1077. (18) Section 427(a)(2)(G) of such Act is amended by striking out the semicolon at the end thereof and inserting in lieu thereof a comma. 20 USC 1078. (19) The last sentence of section 428(a)(8)(A) of such Act is amended by striking out "over the course of the academic year" and inserting in lieu thereof "over the period of enrollment for which the loan is made".

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Page:United States Statutes at Large Volume 91.djvu/249

 PUBLIC LAW 95-43—JUNE 15, 1977

91 STAT. 215

(20) Section 428(a)(9) of such Act is amended— 20 USC 1078. (A) by inserting "a determination must be made as to whether" after "for which"; (B) by striking out "the determinations to be made (except the determinations of good standing)" and inserting in lieu therof "the determination to be made"; and (C) by striking out "(2)(A)(i) and". - •• (21) Section 428(b)(1)(A) of such Act is amended— (A) by inserting "in any academic year or its equivalent (as determined under regulations of the Commissioner)" after "(A) authorizes the insurance"; • (B) in division (i) — (i) by striking out "a loan which is made" and inserting in lieu thereof "loans which are made"; (ii) by striking out "or which is" and inserting in lieu thereof "or which are"; and (iii) by striking out "to a student who has not successfully completed a program of undergraduate education in an amount in excess" and inserting in lieu thereof "to a student for his first academic year of a program of postsecondary education, and who has not previously enrolled in such a program, in an amount in excess of the lesser"; (C) in division (ii), by striking out "to a student for his first '^- academic year of postsecondary education" and inserting in lieu thereof "to such a first-year student"; and (D) by inserting immediately before the semicolon at the end thereof the following: ", and all loans issued within any period of 90 days shall be considered as a single loan for purposes of ^'•' ' ' ' division (ii)". (22) Section 428(b)(1) of such Act is amended— (A) by inserting "and" at the end of subparagraph (O); (B) by striking out subparagraph (P); and (C) by redesignating subparagraph (Q) as subparagraph (P). (23) Subparagraph (C) of section 428(c)(1) of such Act is amended— (A) by striking out "insured by it" and inserting in lieu thereof "made by a lender which are insured by such an institution or '' " ' organization"; and (B) by inserting "and" at the end of clause (ii), and by striking out ", and" at the end of clause (iii) and the remainder of such subparagraph and inserting in lieu thereof a period. (24) Section 428(c)(5) of such Act is amended— (A) by striking out "entered into prior to September 1, 1969"; and (B) by striking out "in effect on that date" and everything that follows through "the Commissioner may" and inserting in lieu, the Commissioner may". (25) Section 428(c)(6) of such Act is amended— • ''•"' ' (A) in subparagraph (A), by inserting "and for the purpose of section 428A(b)(5)" after "For the purpose of paragraph 20 USC 1078-1. (2)(D) " and by striking out "pursuant to such paragraph"; (B) in subparagraph (A) (ii)— (i) by striking out "of the loan" and inserting in lieu ,.,, thereof "of loans reimbursed under this subsection"; '^" '^ (ii) by striking out "reimbursed pursuant to subsection (f)"; and
 * thereof "an agreement pursuant to subsection (b) of this section,

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Page:United States Statutes at Large Volume 91.djvu/250

 91 STAT. 216

PUBLIC LAW 95-43—JUNE 15, 1977

a u j JcJ '

(jij) by inserting immediately before the period at the •:•'end thereof ''and have not been reimbursed under subsection (f) "; and (C) in subparagraph (B)(i), by striking out "costs of collection of the loan' " and inserting in lieu thereof "costs of collection of loans' ". (26) Section 428(c)(7)(A) (ii) of such Act is amended by striking out "guarantee agreement under this subsection" and by inserting in lieu thereof "guarantee agreement under subsection (b) of this section". (27) Section 4 2 8 (f)(1) is amended— (1) by striking out " E a c h " in subparagraph (B) and inserting, in lieu thereof "Except as provided in subparagraph (C), each"; and (2) by inserting after such subparagraph (B) the following: " (C) For any State which is eligible to receive a reserve fund advance under section 422(c)(5)(B), the spending minimum required by subparagraph (B) with respect to purposes described in clauses (ii) and (iii) of subparagraph (A) shall, for the first year of such eligibility, not be applicable and shall, for the second and t h i r d years of such eligibility, be an amount equal to 20 per centum of the payments received under this paragraph.". (28) Paragraph (2) of section 428(f) of such Act is amended by striking out " (2)(A) " and inserting in lieu thereof " (2) ", and by striking out subparagraph (B). (29) Section 428(f)(3)(A) of such Act is amended by striking out the period at the end thereof and inserting in lieu thereof a comma. (30) Paragraph s (1)(A) and (2)(A) of section 428A(a) of such Act are each amended by inserting "who is carrying at an eligible institution at least one-half the normal full-time academic workload (as determined under regulations of the Commissioner)" after "to any individual student" and by inserting " not " immediately before "successfully completed". (31) Paragraph s (1) and (2) of section 428A(a) of such Act are each amended by striking out clause (C) and by inserting in lieu thereof, in each such paragraph, the following: " (C) with respect to lenders which are eligible institutions, provides for the insurance of loans by only such institutions as are located within the geographic area served by such State or nonprofit private institution or organization;". (32) Section 428A(b)(5) of such Act is amended by inserting, within the parentheses, "consistent with section 428(c)(6) " after "regulations prescribed by the Commissioner". (33) Section 430(a) of such Act is amended by striking out "interest accrued" and inserting in lieu thereof "accrued interest, including interest accruing". (34) Section 433(a)(2) of such Act is amended by inserting "clause (A) of" immediately before " paragraph (1) ". (35) Section 435(g)(1)(B) of such Act is amended by striking out "Employees" and inserting in lieu thereof "Employee". (36) Section 4 3 5 (g)(3) of such Act is amended by striking out "the amount of the loan described in section 4 2 8 (a)(1) m a d e " and inserting in lieu thereof "the total amount of such loans as are described in section 428(a)(1) made by the institution". (37) Section 438 of such Act is amended— (A) by striking out "unpaid balance of disbursed principal" in subsection (b)(1) and inserting in lieu thereof "average u n p a i d balance of p r i n c i p a l ";

20 USC 1078.

Ante, p. 214.

20 USC 1078-1.

Eligible lenders.

20 USC 1080. 20 USC 1083. 20 USC 1085. .1-3?-; DJ-jsB

20 USC 1087-1.

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Page:United States Statutes at Large Volume 91.djvu/251

 PUBLIC LAW 95-43—JUNE 15, 1977 (B) by striking" out '%nd" at the end of clause (ii) of sub' section (b)(2)(A) and by inserting immediately before the period at the end of clause (iii) of such subsection the following new clause: ", and (iv) by dividing the resultant per centum by four"; (C) by striking out " subparagraph (4) " in subsection (b)(2) (C) and inserting in lieu thereof " paragraph (4) "; (D) by striking out " paragraph (3) " in subsection (b)(4)(B) and inserting in lieu thereof " paragraph (2) "; (E) by striking out " subparagraph " in subsection (b)(4)(C) and inserting in lieu thereof " paragraph "; and (F) by redesignating the matter following paragraph (5) of subsection (b) as paragraph (6) and by striking out, in such K matter, "subsection (a) " and inserting in lieu thereof "this subsection". (38) Section 439(b)(1) of the Act is amended by inserting " and citizen" after "resident". (39) Section 4 6 4 (c)(2) of such Act is amended by striking out "title VIII of the Economic O p p o r t u n i t y Act of 1964" and inserting in lieu thereof "the Domestic Volunteer Act of 1973". (40)(A) The first sentence of section 493(a) of such Act is amended (i) striking out " part A or C " and inserting in lieu thereof i "subpart 2 of part A, part C, or part E "; (ii) striking out "either" and inserting in lieu thereof " any "; and (iii) striking out "in lieu of reimbursement for its expenses during such fiscal year in administering programs assisted under such part " and inserting in lieu thereof "for the purposes set forth in subsection (c) ". (B) The second sentence of such section 493(a) is amended by adding before the period at the end thereof a comma and the following: "plus (C) the principal amount of loans made during such fiscal year from its student loan fund established under part E ". (C) Section 493(b) of such Act is amended to read as follows: " (b) The aggregate amount paid to an institution for a fiscal year under this section may not exceed $325,000.". (41) Section 497A (c) of such Act is amended by striking out "paragraph (a)(3) " and inserting in lieu thereof "subsection (a)(4) ". (42) Section 5 3 3 (a)(2) of such Act is amended by striking out "section 532 of this title " and inserting in lieu thereof "section 406(d) (1)(D) of the General Education Provisions Act". (43) Section 771 of such Act is amended— (A) by striking out "grants from funds appropriated under ~> section 7 2 1 (b), " in subsection (a); (B) by striking out " I n determining" each place it appears in • subsection (b) and inserting in lieu thereof " I n establishing criteria for determining"; and (C) by adding at the end thereof the following new subsections: " (d) G r a n t s and loans awarded for the purposes of this part shall not be subject to the provisions of subsections (a) and (b) of section 781. The Commissioner shall, with respect to each such g r a n t or loan, determine the period which shall be deemed to be the period of Federal interest in the facility reconstructed or renovated. If, within such period, such facility ceases to be used as an academic facility, the United States shall recover from the applicant (or its successor in title

91 STAT. 217

20 USC 1087-2. 20 USC 1087dd. 42 USC 4951 note. 20 USC 1088b.

20 USC 1088f-l.

20 USC 1119a-l. 20 USC 1226.

20 USC 1132d-ll.

Grants and loans. Post, p. 218.

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Page:United States Statutes at Large Volume 91.djvu/252

 9 1 STAT. 218

PUBLIC LAW 9 5 - 4 3 — J U N E 15, 1977

or possession) an amount representing the depreciated value of the improvements made with such g r a n t or loan, determined in accordance with the procedures set forth in the last sentence of section 7 8 1 (b). Funds. " (e) Funds appropriated under section 701(b) available for grants 20 USC 1132a. under this part may be used for graduate and undergraduate facilities and may be used without regard to whether such funds will increase or create enrollment capacity, health care capacity, or capacity to carry out extension and containing education programs.". 20 USC 1132e. (44) Section 781 of such Act is amended by striking out ", reconstruction, or renovation" each place it appears in such section and by striking out "reconstructed or renovated" each place it appears in subsections (a) and (b) of such section. (b)(1) Section 101(b) of the Education Amendments of 1976 is 20 USC 1005. amended by striking out paragraph (5)(A) and by redesignating paragraph (5)(B) as paragraph (5). (2) Paragraph (6)(A) of section 101(b) of such Amendments is amended by striking out "institution" and inserting in lieu thereof "institutions". 20 USC 1070c. (3) Section 123(a) of such Amendments is amended by striking out "by adding at the end thereof the following new paragraph: " lei"'*- J-'J and inserting m lieu thereof "by amending paragraph (3) to read as follows:",, ^^^j 20 USC 1071 (4) Section 127(b) of such Amendments is amended— note. (A) by striking out paragraph (1) and inserting in lieu thereof the following: " (1) The changes made in— 20 USC 1075. " (A) sections 425(a) (other than paragraph s (1)(A) 20 USC 1078. and (B) thereof) and 4 2 8 (b)(1)(A) other than divisions 20 USC 1077. .^,.. (i) and (ii) thereof, and sections 4 2 7 (a)(1)(C) and 428 (b)(1)(B) shall become applicable with respect to loans to cover the costs of education for periods of enrollment beginning on or after October 1, 1976; ,,. I. " (B) sections 4 2 5 (a)(1)(A) and (B) and 4 2 8 (b)(1) (A)(i) and (ii) shall become applicable with respect to loans made on or after February 12, 1977, to cover such costs . I. for such periods beginning on or after November 12, 1976; " (C) sections 4 2 7 (a)(2)(G) and (H) and 428(b)(1) J,.-JJlt;;;;•• •;!.;•;> i l l; (N), (O), and (P) shall become applicable with respect to loans made on or after June 1, 1977;" and (B) in paragraph (5), by inserting "on or after February 12, 1977" after "loans made", and by striking out "October 1, 1976" and inserting in lieu thereof "November 12, 1976". 90 Stat. 2153. (5) Section 153 of such Amendments is amended by striking out " (a) " after " SEC. 153.". 20USeil32c-4. (6) Section 162(g) of such Amendments is amended by striking out " (1) " after " (g) " and by striking out paragraph (2). 90 Stat. 2167. (7) Section 181 of such Amendments is amended by inserting " (a) " after " SEC. 181." and by adding at the end thereof the following: 20 USC 1141 " (b) Neither the amendment made by subsection (a) of this section nor the amendment made to section 435(b)(1) of the Act (by secnote. 20 USC 1085. tion 127(a) of this Act) shall be construed to authorize terminating 90 Stat. 2099. the eligibility of an institution which was deemed to be an institution of h ' g h e r education for purposes of sections 435(b)(1) and 1201 (a) on the date of enactment of this Act. The preceding sentence of this section shall not be construed to impair the authority of the Com20 USC 1141. missioner to limit, suspend, or terminate such eligibility for the reasons and as provided by section 497 of the Act.". 20 USC 1088f.

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Page:United States Statutes at Large Volume 91.djvu/253

 PUBLIC LAW 95-43—JUNE 15, 1977 (8) Section 343(a)(1) of such Amendments is amended by striking out "this section" and inserting in lieu thereof "this part". (c) Section 604 of the National Defense Education Act of 1958 is amended by striking out "October 1, 1977" and inserting in lieu thereof "October 1, 1979,". (d) Section 448 of the General Education Provisions Act is amended by striking out "March 31" and inserting in lieu thereof "June 30". SEC. 2. (a) Except as provided in subsection (b), the amendments made by the first section of this Act shall take effect October 12, 1976. (b)(1) Except as provided in paragraph (2), amendments made by the first section of this Act to part B of title IV of the Higher Education Act of 1965 shall take effect as provided by subsection (b) of section 127 of the Education Amendments of 1976, as amended by this Act, and shall, for purposes of such subsection, collectively be deemed to be an amendment made by subsection (a) of such section. (2) The amendments made by paragraphs (17), (20), and (21)(D) of subsection (a) of the first section of this Act shall take effect thirty days after the date of its enactment. No determination made pursuant to section 428(a)(9) of the Higher Education Act of 1965 as in effect between September 30, 1976, and such thirtieth day after enactment of this Act shall be invalid if such determination, at a minimum, complies with such section as amended by such paragraph (20). Approved June 15, 1977.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-269 (Comm. on Education and Labor). CONGRESSIONAL RECORD, VoL 123 (1977): May 9, considered and passed House. May 25, considered and passed Senate, amended. June 1, House concurred in Senate amendments.

91 STAT. 219 20 USC 2533. 20 USC 513. 20 USC 1233g. Effective date. 20 USC 1071 note. 20 USC 1071. 20 USC 1071 note.

20 USC 1078.

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Page:Folk-lore - A Quarterly Review. Volume 7, 1896.djvu/396

366 sad. Hilarity at a funeral I take to be a well-meant "send off" of good omen from the point of view of the man in the street.

STAFFORDSHIRE FOLK AND THEIR LORE.

BY C. S. BURNE.

this title to the one announced for me, as I have always maintained that if you would study the folklore of any district properly, you must first of all study the district itself, and learn what manner of folk they are who dwell there; and as I know by melancholy experience that English geography, at any rate where my own county is concerned, ranks among the "things not generally known," I shall make no apology for beginning with the guide-book information that Staffordshire is an inland county, lying somewhat north-west of the centre of England, and surrounded by the counties of Derby, Warwick, Worcester, Shropshire, and Cheshire. The River Trent rises among the hills of the north-western corner, and runs a diagonal course through the county to the south-east, where it bends abruptly northwards, and, passing Burton and Tutbury, forms part of the boundary between Staffordshire and Derbyshire. I would ask you particularly to notice this diagonal course of the river (north-west to south-east), as it will give you a rough general idea of the physical conformation of the county, viz. a broad band of green valley and meadow land in the midst, with hills to the north-east and south-west of it. Members of the Folklore Society, travelling to Liverpool in September by the London and North Western Railway, will enter Staffordshire at Tamworth and quit it again just


text:
Page:United States Statutes at Large Volume 91.djvu/254

 91 STAT. 220

PUBLIC LAW 95-44—JUNE 15, 1977

Public Law 95-44 95th Congress .usif il; June 15, 1977 [H.R. 2992] Comprehensive Employment and Training Act Amendments of 1977. 29 USC 801 note.

,j~

To

'.;:,

An Act

authorize appropriations for fiscal year 1978 for carrying out the Compreliensive Employment and Training Act of 1973 as amended.

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

29 USC 961. 29 USC 967.

,

1. This Act may be cited as the "Comprehensive Employment and Training Act Amendments of 1977". SECTION

AUTHORIZATION FOR FISCAL YEAR

29 USC 802.

']

1978

SEC. 2. (a) Section 4(a) of the Comprehensive Employment and Training Act of 1973, as amended, is amended by striking out "three succeeding fiscal years" and inserting in lieu thereof "four succeeding fiscal years". (b) Section 601 of such Act is amended by inserting after "fiscal year 1977" the words "and for fiscal year 1978". (c) Section 607(a) of such Act is amended by inserting after "fiscal year 1977" the words "and fiscal year 1978", and by inserting the word "each" before "such fiscal year" both places such language appears therein. Approved June 15, 1977.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-123 (Comm. on Education and Labor). SENATE REPORT No. 95-174 (Comm. on Human Resources). CONGRESSIONAL RECORD, Vol. 123 (1977): Mar. 29, considered and passed House. May 25, considered and passed Senate, amended. June 3, House concurred in Senate amendment. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 13, No. 25: June 16, Presidential statement.

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Page:United States Statutes at Large Volume 91.djvu/255

 PUBLIC LAW 95-45—JUNE 15, 1977

91 STAT. 221

Public Law 95-45 95th Congress An Act To authorize additional appropriations for the Department of State for fiscal year 1977.

June 15, 1977 [H.R. 5040]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Department of State. ADDITIONAL AUTHORIZATION FOR INTERNATIONAL ORGANIZATIONS AND Appropriation CONFERENCES AND FOR MIGRATION AND REFUGEE ASSISTANCE authorization.

1. Section 101(a) of the Foreign Relations Authorization Act, Fiscal Year 1977, is amended— (1) in paragraph (2) by striking out "$342,460,453" and inserting in lieu thereof "$402,460,453"; and (2) in paragraph (5) by striking out "$10,000,000" and inserting in lieu thereof "$28,725,000". SECTION

90 Stat. 823.

ASSISTANCE FOR AMERICANS INCARCERATED ABROAD

SEC. 2. Section 3 of the Act entitled "An Act to provide certain basic authority for the Department of State", approved on August 1, 1956 (22 U.S.C. 2670), is amended by— (1) striking out "and" at the end of subsection (h); (2) striking out the period at the end of subsection (i) and (3) inserting at the end thereof the following new subsection: "(J) provide emergency medical attention and dietary supplements, and other emergency assistance, for United States citizens incarcerated abroad who are unable to obtain such services otherwise, such assistance to be provided on a reimbursable basis to the extent feasible.".
 * ' ' inserting in lieu thereof a semicolon and "and"; and

Emergency assistance.

ADDITIONAL AUTHORIZATION FOR FOREIGN SERVICE BUILDINGS ACT

SEC. 3. Section 4(h)(1) of the Foreign Service Buildings Act, 1926, 22 USC 295. is amended by striking out subparagraphs (A) through (G) and inserting in lieu thereof the following: "(A) for use in Europe, not to exceed $225,000 for fiscal year 1977; "li " (B) for use in the Near East and South Asia, not to exceed $12,885,000, of which not to exceed $3,985,000 may be appropriated for fiscal year 1976; "(C) for facilities for the United States Information Agency, not to exceed $3,400,000, of which not to exceed $2,800,000 may be appropriated for fiscal year 1976; "(D) for facilities for agricultural and defense attache housing, not to exceed $150,000 for fiscal year 1977; and " (E) for facilities for the United States Agency for International Development, not to exceed $17,200,000 for fiscal year 1977; and".

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Page:United States Statutes at Large Volume 91.djvu/256

 91 STAT. 222

PUBLIC LAW 95-45—JUNE 15, 1977 DELEGATIONS TO CERTAIN INTERPARLIAMENTARY

Chairmen of congressional delegations.

Chairmen of congressional delegations.

Chairmen of congressional delegations.

GROUPS

SEC. 4. (a) The first section of the joint resolution entitled "Joint resolution to authorize participation by the United States in parliamentary conferences with Canada", approved June 11, 1959 (22 U.S.C. 276d), is amended— (1) in the second sentence of the first paragraph, by striking out "Foreign Affairs" and inserting in lieu thereof "International Relations", and by inserting "upon recommendations of the majority and minority leaders of the Senate" immediately after "President of the Senate"; (2) in the second paragraph, by striking out "Foreign Affairs" and inserting in lieu thereof "International Relations"; and (3) by adding at the end thereof the following new paragraph: "The Chairman or Vice Chairman of the House delegation shall be a Member from the International Relations Committee, and, unless the President of the Senate, upon the recommendation of the Majority Leader, determines otherwise, the Chairman or Vice Chairman of the Senate delegation shall be a Member from the Foreign Relations Committee.". (b) The first section of the joint resolution entitled "Joint resolution to authorize participation by the United States in parliamentary conferences with Mexico", approved April 9, 1960 (22 U.S.C. 276h), is amended— (1) in the second sentence, by striking out "Foreign Affairs" and inserting in lieu thereof "International Relations", and by I, inserting "upon recommendations of the majority and minority leaders of the Senate" immediately after "President of the Senate"; (2) in the third sentence, by striking out "Foreign Affairs" and inserting in lieu thereof "International Relations"; and (3) by adding at the end thereof the following new sentence: "The Chairman or Vice Chairman of the House delegation shall be a Member from the International Relations Committee, and, unless the President of the Senate, upon the recommendation of the Majority Leader, determines otherwise, the Chairman or Vice Chairman of the Senate delegation shall be a Member from the Foreign Relations Committee.". (c) The first section of the joint resolution entitled "Joint Resolution to authorize participation by the United States in parliamentary conferences of the North Atlantic Treaty Organization", approved July 11, 1956 (22 U.S.C. 1928a), is amended— (1) in the first sentence, by striking out "eighteen" and inserting in lieu thereof "twenty-four"; (2) in the second sentence, by inserting "(not less than four of whom shall be from the Committee on International Relations)" A innnediately after "Members of the House", and by inserting "upon recommendations of the majority and minority leaders of the Senate" immediately after "President of the Senate"; (3) by amending the third sentence to read as follows: "Not more than seven of the appointees from the Senate shall be of the same political party."; and (4) by adding the following new sentence at the end of the section: "The Chairman or Vice Chairman of the House delegation shall be a Member from the International Relations Committee, and, unless the President of the Senate, upon the

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Page:United States Statutes at Large Volume 91.djvu/257

 PUBLIC LAW 95-45—JUNE 15, 1977 recommendation of the Majority Leader, determines otherwise, the Chairman or Vice Chairman of the Senate delegation shall be a Member from the Foreign Relations Committee.", (d)(1) The second sentence of the first section of the Act entitled "An Act to authorize participation by the United States in the Interparliamentary Union", approved June 28, 1935 (22 U.S.C. 276), is amended by striking out "president and the executive secretary of the American group" and inserting in lieu thereof "Chairman of the House delegation in the case of delegates from the House of Representatives or the Chairman of the Senate delegation in the case of delegates from the Senate, except that either such Chairman may authorize the executive secretary of the American group to approve such vouchers on his behalf". (2) Section 3 of such Act (22 U.S.C. 276a-l) is amended to read as follows: "SEC. 3. There shall be not to exceed twelve delegates from the House of Representatives (at least four of whom shall be from the Committee on International Relations) to each Conference of the Interparliamentary Union, such delegates to be appointed by the Speaker of the House of Representatives. The Chairman or Vice Chairman of the House delegation shall be a member from the Committee on International Relations. The Speaker shall designate the Chairman and the Vice Chairman of the House delegation for each such Conference.". (3) Such Act is further amended by adding at the end thereof the following new sections: "SEC. 4. Senate delegates to each conference of the Interparliamentary Union, and to all other parliamentary conferences, shall be designated by the President of the Senate upon recommendations of the majority and minority leaders of the Senate. Unless the President of the Senate, upon the recommendation of the majority leader, determines otherwise, the Chairman or Vice Chairman of the Senate delegation shall be a Member from the Foreign Relations Committee. Not fewer than two Senators designated to be in the Senate delegation to each conference of the Interparliamentary Union shall be members of the Committee on Foreign Relations. "SEC. 5. After December 31, 1977, the executive secretary of the American group of the Interparliamentary Union shall be an officer or employee of the Senate or the House of Representatives and shall be appointed— "(1) by the Chairman of the Senate delegation upon recommendations of the majority and minority leaders of the Senate for service during odd-numbered Congresses; and "(2) by the Chairman of the House delegation for service during even-numbered Congresses. "SEC. 6. The certificate of the Chairman of the respective delegation to the Interparliamentary Union (or the certificate of the executive secretary of the American group if the Chairman delegates such authority to him) shall be final and conclusive upon the accounting officers in the auditing of all accounts of the House and Senate delegations to the Interparliamentary Union.". (4) The second sentence of the nineteenth undesignated paragraph under the general heading "DEPARTMENT OF STATE" in title I of the Third Deficiency Appropriation Act, fiscal year 1937 (22 U.S.C. 276b) is deleted.

29-191+ 0

91 STAT. 223

House of Representatives delegates.

Chairman.

Senate delegates. 22 USC 276a-2.

Chairman.

Executive secretary, appointment. 22 USC 276a-3.

Certificate 22 USC 276a-4.

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Page:United States Statutes at Large Volume 91.djvu/258

 91 STAT. 224

PUBLIC LAW 95-45—JUNE 15, 1977 INTERNATIONAL AGREEMENTS

Text, transmittal to State Department.

SEC. 5. (a) Section 112b, title I, United States Code, is amended by adding at the end thereof the following: "Any department or agency of the United States Government which enters into any international agreement on behalf of the United States shall transmit to the Department of State the text of such agreement not later than twenty days after such agreement has been signed.". (b) The second sentence of such section is amended by deleting the words "Foreign Affairs" and inserting in lieu thereof the words "International Relations". Approved June 15, 1977.

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LEGISLATIVE HISTORY:

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HOUSE REPORT No. 95-84 (Coram, on International Relations). SENATE REPORT No. 95-99 (Comra. on Foreign Relations). CONGRESSIONAL RECORD, Vol. 123 (1977): Mar. 24, considered and passed House. May 11, considered and passed Senate, amended. May 26, House concurred in certain Senate amendments; concurred with amendment in another; Senate agreed to House amendment.

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Page:United States Statutes at Large Volume 91.djvu/259

 PUBLIC LAW 9 5 - 4 6 — J U N E 15, 1977

91 STAT. 2 2 5

Public Law 95-46 95th Congress An Act To authorize appropriations for continuation of construction of distribution systems and drains on the San Luis Unit, Central Valley project, California, to mandate the extension and review of the project by the Secretary, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there is hereby authorized to be appropriated for fiscal year 1978, and to be committed for expenditure by the Secretary notwithstanding any other provision of law or contract, the sum of $31,050,000 for continuation of construction of distribution systems and drains on the San Luis Unit, Central Valley Project, California. No funds shall be expended by the Secretary prior to his obtaining a pledge of the Board of Directors of the Westlands W a t e r District, and any other affected districts, indicating their intention to repay costs associated with construction authorized by this Act. SEC. 2. (a) The Secretary of the Interior (hereinafter referred to as the "Secretary") shall, within thirty days after enactment of this section, establish a task force to review the management, organization, and operations of the San Luis U n i t to determine the extent to which they conform to the purposes and intent of the Act of June 3, 1960 (74 Stat. 156) and the Act of June 17, 1902 (32 Stat. 388). The task force, in conducting its review, shall hold no fewer than three public hearings, at least two of which shall be held within the State of California. Members of said task force shall include, among others, the Commissioner of Reclamation, the Assistant Secretary of the Interior for L and and W a t e r, the Solicitor of the Department of the Interior, the Comptroller General of the United States, or their representatives, members of the general public, representatives of the State of California, and the Westlands W^ater District. The Secretary shall appoint a task force chairman who shall set the dates of hearings, meetings, workshops, and other official task force functions in carrying out the purposes of this Act. The Secretary is authorized and directed to finance from funds available to him the reasonable expenses of the task force created by this section. The task force shall dissolve on January 1, 1978. (b) The task force shall submit to the chairmen of the House Committee on Interior and Insular Affairs, and the Senate Committee on Energy and Natural Resources, no later than January 1, 1978, a report on the San Luis Unit, including— (1) a detailed accounting of funds expended for planning or construction of facilities utilized by landowners within the San Luis Unit, and the specific legislative authority for each feature of the project; (2) an analysis of the compatibility of the present design and plan of the S a n Luis U n i t with the original feasibility report, environmental impact statement, and cost estimates;

June 15, 1977 [H.R. 4390]

Central Valley project, San Luis Unit, Calif. Appropriation authorization. Pledge.

Task force. Establishment.

Public hearings.

Membership.

Chairman.

Expenses. Termination date. Report to congressional committees.

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Page:United States Statutes at Large Volume 91.djvu/260

 91 STAT. 226

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PUBLIC LAW 95-46—JUNE 15, 1977 (3) an analysis of existing repayment obligations, including rates and types of repayment, the duration of repayments, and the desirability of maintaining present repayment timetables or of modifying them in order to ensure that an equitable burden of repayment falls on all project beneficiaries; (4) a review of the contractual commitments for water delivery to water districts of the unit, and the development of new methods for calculating and, on a periodic basis, recalculating, all future water service charges; ^ (5) the fiscal and future environmental impacts of the completion, under current plans, of the San Luis interceptor drain north of Kesterson Reservoir, and recommendations as to the feasibility of implementing alternative uses of waste, water such as reclamation for agricultural or industrial re-use; (6) a procedure to provide greater public awareness of and participation in the design and review of future water delivery contracts by all potentially affected parties by means of public notice and the opportunity for a public hearing; (7) the adequacy of present levels of authorization for completing the unit and recommendations for funding such completion, such as indexing of authorization or periodic reauthorization; (8) the record of enforcement of the requirements concerning the disposition of excess lands by persons receiving Federal water or major project benefits, and the residency requirement of the j^ci of June 17, 1902 (32 Stat. 388), to the extent required by law, and an evaluation of the success of the project in fostering family farms, including the adequacy of present legislation and departmental rules and regulations pertaining to these provisions; (9) the impact of the commitment of water from the Sacramento-San Joaquin Delta in excess of that obligated in the existing long-term contract, for delivery to the unit under future contracts; (10) the fiscal and agricultural impacts of extending the project ^Q encompass federally constructed ground water integration operations.

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Page:United States Statutes at Large Volume 91.djvu/261

 PUBLIC LAW 95-46—JUNE 15, 1977 SEC. 8. Neither the Secretary nor any of his representatives shall approve any amendatory or other contract modifying the current water service contract of June 5, 1963 (contract numbered 14-06-200-495-A) or the current repayment contract of April 1, 1965 (contract numbered 14-06-200-2020-A), or any temporary contract extending more than one hundred and eighty days beyond December 31, 1977, prior to the completion of the report of the task force required in section 2 or January 1, 1978, whichever occurs first. No such contract shall be approved by the Secretary or his representative prior to its submission to the Congress for a period of not more than ninety day (which ninety days, however, shall not include days on which either the House of Representatives or the Senate is not in session because of an adjournment of more than three calendar days to a date certain). SEC. 4. Nothing in this Act shall affect any litigation initiated prior to the date of enactment. Approved June 15, 1977.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-233 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 95-144 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 123 (1977): May 2, considered and passed House. May 24, considered and passed Senate, amended. May 26, House concurred in Senate amendments. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 13, No. 25: June 16, Presidential statement.

91 STAT. 227 Contracts, modifications.

Submittal to Congress.

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Page:United States Statutes at Large Volume 91.djvu/262

 91 STAT. 228

PUBLIC LAW 95-47—JUNE 16, 1977

Public Law 95-47 95th Congress An Act June 16, 1977 [S. 955] Federal Crop Insurance Act, amendment.

To amend the Federal Crop Insurance Act.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That section 504(a) of the Federal Crop Insurance Act (52 Stat. 72, as amended; 7 U.S.C. 1504 (a)) is amended to read as follows: "SEC. 504. (a) The Corporation shall have a capital stock of $150,000,000 subscribed by the United States of America, payment for which shall, with the approval of the Secretary of Agriculture, be subject to call in whole or in part by the Board of Directors of the Corporation.". Approved June 16, 1977.

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LEGISLATIVE HISTORY: HOUSE REPORT No. 95-293 (Comm. on Agriculture). SENATE REPORT No. 95-98 (Comm. on Agriculture, Nutrition, and Forestry). CONGRESSIONAL RECORD, Vol. 123 (1977): Apr. 25, considered and passed Senate. June 6, considered and passed House.

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Page:United States Statutes at Large Volume 91.djvu/263

 PUBLIC LAW 95-48—JUNE 17, 1977

Public Law 95-48 95th Congress

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91 STAT. 229

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An Act To extend the time for conducting the referendum with respect to the national marketing quota for wheat for the marketing year beginning June 1, 1978.

June 17, 1977 [S. 1240]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,, That section Wheat. 336 of the Agricultural Adjustment Act of 1938 (52 Stat. 55, as Marketing quota amended; 7 U.S.C. 1336) is amended by striking out the last four sen- referendum, tences and inserting in lieu thereof a new sentence as follows: "Notwithstanding any other provision hereof, the referendum with respect to the national marketing quota for wheat for the marketing year "' beginning June 1, 1978, may be conducted not later than the earlier of the following: (1) thirty days after adjournment sine die of the first session of the Ninety-fifth Congress, or (2) October 15, 1977.". Approved June 17, 1977.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-366 (Comm. on Agriculture). SENATE REPORT No. 95-97 (Comm. on Agriculture, Nutrition, and Forestry). CONGRESSIONAL RECORD, Vol. 123 (1977): Apr. 25, considered and passed Senate. June 6, considered and passed House.

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Page:United States Statutes at Large Volume 91.djvu/264

 91 STAT. 230

PUBLIC LAW 95-49—JUNE 17, 1977

Public Law 95-49 95th Congress

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An Act June 17. 1977 [H.R. 6692] Education of the Handicapped Amendments of

1977. 20 USC 1401 note. 20 USC 1426.

To extend certain programs under the Education of the Handicapped Act.

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 "Education of the Handicapped Amendments of 1977". CENTERS AND SERVICES

SEC. 2. Section 627 of the Education of the Handicapped Act is amended to read as follows: ""AUTHORIZATION OF APPROPRIATIONS

"SEC. 627. There are authorized to be appropriated to carry out the provisions of section 621, $19,000,000 for the fiscal year 1978 and for the succeeding fiscal year, $21,000,000 for fiscal year 1980, $24,000,000 for fiscal year 1981, and $25,000,000 for fiscal year 1982. There are authorized to be appropriated to carry out the provisions of section 622, $22,000,000 for fiscal year 1978, $24,000,000 for fiscal year 1979, $26,000,000 for fiscal year "1980, $29,000,000 for fiscal year 1981, and $32,000,000 for fiscal year 1982. There are authorized to be appropriated to carry out the provisions of section 623, $25,000,000 for fiscal year 1978 and for each of the two succeeding fiscal years, $20,000,000 for fiscal year 1981 and for the succeeding fiscal year. There are authorized to be appropriated to carry out the provisions of section 625, $10,000,000 for the fiscal year 1978, $12,000,000 for the fiscal year 1979, $14,000,000 for the fiscal year 1980, and $16,000,000 for the fiscal year 1981 and for the succeeding fiscal year."'. PERSONNEL TRAINING

20 USC 1436.

SEC. 3. Section 636 of the Education of the Handicapped Act is amended to read as follows: ""AUTHORIZATION OF APPROPRIATIONS

"SEC. 636. There are authorized to be appropriated for carrying out the provisions of this part (other than section 633) $75,000,000 for the fiscal year 1978, $80,000,000 for the fiscal year 1979, $85,000,000 for the fiscal year 1980, $90,000,000 for the fiscal year 1981, and $95,000,000 for the fiscal year 1982. There are authorized to be appropriated to carry out the provisions of section 633, $2,000,000 for the fiscal year 1978 and the succeeding fiscal year, and $2,500,000 for the fiscal year 1980 and each of the two succeeding fiscal years.". S P E C I A L EDUCATIONAL MODEL PROGRAMS

20 USC 1441.

SEC. 4. Section 641 of the Education of the Handicapped Act is amended by striking out the period and inserting a comma and the following: "including the development and conduct of model programs designed to meet the special educational needs of such children.".

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Page:United States Statutes at Large Volume 91.djvu/265

 PUBLIC LAW 95-49—JUNE 17, 1977

91 STAT. 231

RESEARCH

SEC. 5. Section 644 of the Education of the Handicapped Act is amended to read as follows: u AUTHORIZATION OF APPROPRIATIONS

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20 USC 1444. •

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"SEC. 644. For the purposes of carrying out this part, there are autho-rized to be appropriated $20,000,000 for the fiscal year 1978, $22,000,000 for the fiscal year 1979, $24,000,000 for the fiscal year 1980, $26,000,000 for the fiscal year 1981, and $28,000,000 for the fiscal year 1982.".

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INSTRUCTIONAL MEDIA

SEC. 6. Section 654 of the Education of the Handicapped Act is 20 USC 1454. amended to read as follows: ((AUTHORIZATION

OF APPROPRIATIONS

"SEC. 654. For the purpose of carrying out this part there are authorized to be appropriated not to exceed $24,000,000 for the fiscal year 1978, $25,000,000 for the fiscal year 1979, $27,000,000 for the fiscal year 1980, $29,000,000 for the fiscal year 1981 and for each succeeding fiscal year thereafter.". SEC. 7. The amendments made by sections 2, 3, 5, and 6 shall take 20 USC 1426 effect on October 1, 1977. "«*«• Approved June 17, 1977.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-268 (Coram, on Education and Labor). SENATE REPORT No. 95-124 accorapanying S. 725 (Coram, on Human Resources). CONGRESSIONAL RECORD, Vol. 123 (1977): May 9, considered and passed House. May 23, considered and passed Senate, amended, in lieu of S. 725. June 7, House concurred in Senate amendment.

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Page:United States Statutes at Large Volume 91.djvu/266

 91 STAT. 232

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PUBLIC LAW 95-50—JUNE 20, 1977

Public Law 95-50 95th Congress An Act

June 20, 1977 [S. 521]

John F. Kennedy Center Act, amendment. Appropriation authorization. 20 USC 76/1.

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20 USC 761.

To amend the John F. Kennedy Center Act to authorize funds for the repair of leaks.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) section 8 of the John F. Kennedy Center Act (Public Law 85-874, as amended) is amended by adding the following new subsection: "(c) There are authorized to be appropriated to the Secretary of the Interior, acting through the National Park Service, not to exceed $4,700,000 for repair, renovation, and reconstruction of the John F. Kennedy Center for the Performing Arts necessary to correct water leaks in the roof, the terraces, the kitchen, and the East Plaza Drive and to correct any damage which has resulted from those leaks. No contract shall be entered into for any property or services necessary to carry out this subsection unless such contract has been approved by the Board, and no final payment for such property or services shall be made under any such contract unless such payment has been approved by the Board. No part of the funds authorized by this subsection shall be expended under any cost-plus-a-percentage-of-cost, cost-plus-afixed-fee, or similar incentive-type contract. Funds authorized by this subsection shall be expended under a contract only after advertising and competitive bidding for the property or services to be provided by such contract.". (b) Subsection (a) of section 8 of such Act is amended by striking out "section." and inserting in lieu thereof "subsection.". SEC. 2. Subsection (e) of section 6 of the John F. Kennedy Center Act is amended by striking out the second sentence thereof, and in the last sentence thereof by striking out "and" and the period at the end thereof and inserting in lieu thereof a comma and the following: "and $4,000,000 for the fiscal year ending September 30, 1978.". Approved June 20, 1977.

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LEGISLATIVE HISTORY: HOUSE REPORTS: No. 95-18 accompanying H.R. 2846 (Comm. on Public Works and Transportation) and No. 95-385 (Comm. of Conference). SENATE REPORTS: No. 95-4 (Comm. on Public Works) and No. 95-235 (Comm. of Conference). CONGRESSIONAL RECORD, Vol. 123 (1977): Feb. 24, considered and passed Senate. Mar. 4, considered and passed House, amended, in lieu of H.R. 2846. May 27, Senate agreed to conference report. June 8, House agreed to conference report.

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Page:Folk-lore - A Quarterly Review. Volume 7, 1896.djvu/397

 Rh before reaching Crewe, following the general course of the river all the way. To the north, the ground, broken by hills and river-valleys, yet gradually rises to the Moorlands, a bleak, bare, stone-walled country, abutting on the Derbyshire moors. The hills on the south-west do not attain so great a height, and they are not bleak, but black; for here, around Wolverhampton, is the seat of the South Staffordshire iron trade. Thus you will perceive that tht)ugh the Black Country is chiefly in Staffordshire, yet Staffordshire is not in the Black Country, according to the popular delusion.

We have, then, a large agricultural tract in the midst of the county, with the Black Country, peopled by colliers and ironworkers, in the south, and a smaller industrial tract, the Potteries, around Stoke-on-Trent, in the north. There are, besides, other local industries—brewing at Burton, shoemaking at Stafford, silk-weaving at Leek Does this diversity of environment and occupation beget a corresponding diversity of folklore? you will naturally ask; and to this point I shall mainly address myself in this paper.

The agricultural population, who are the set with whom I am best acquainted, are great believers in ghosts and apparitions. Everywhere there are cross-roads which it is supposed to be dangerous to pass, stiles where clanking chains may be heard, lanes where black dogs and spectral horsemen rush past the belated wanderer. It is comparatively an ordinary occurrence for this or that lately deceased person to "come again" after death. A labourer at Norbury, in North Staffordshire, known to all my family, heard that his brother, lately dead at Sowdley, five or six miles away, "came again" at a certain stile. He "thought he'd best look into it; he doubted as how his brother might have summat to say; he thought as it was but right as some of the family should see him if he did come;" so he set out one evening after his day's work was done, and walked the five miles through the dark, dirty lanes to Sowdley, waited


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Page:United States Statutes at Large Volume 91.djvu/267

 PUBLIC LAW 95-51—JUNE 20, 1977

91 STAT. 233

Public Law 95-51 95th Congress An Act To amend the Disaster Relief Act of 1974 to provide for authorization of appropriations thereunder through fiscal year 1978. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 606 of the Disaster Belief Act of 1974 is amended by striking out " June 30, 1977" and inserting in lieu thereof "September 30, 1980". SEC. 2. Section 5 of the Flood Control Act approved August 18, 1941 (33 U.S.C. 701n) is amended by inserting " (a) " immediately after " SEC. 5." and by adding at the end thereof the following new subsection: " (b)(1) The Secretary, upon a written request for assistance under this paragraph made by any farmer, rancher, or political subdivision within a distressed area, and after a determination by the Secretary that (A) as a result of the drought such farmer, rancher, or political subdivision has an inadequate supply of water, (B) an adequate supply of water can be made available to such farmer, rancher, or political subdivision through the construction of a well, and (C) as a result of the drought such well could not be constructed by a private business, the Secretary, subject to paragraph (3) of this subsection, may enter into an agreement with such farmer, rancher, or political subdivision for the construction of such well. " (2) The Secretary, upon a written request for assistance under this paragraph made by any farmer, rancher, or political subdivision within a distressed area, and after a determination by the Secretary that as a result of the drought such farmer, rancher, or political subdivision has an inadequate supply of water and water cannot be obtained by such farmer, rancher, or political subdivision, the Secretary may transport water to such farmer, rancher, or political subdivision by methods which include, but are not limited to, smalldiameter emergency water lines and tank trucks, until such time as the Secretary determines that an adequate supply of water is available to such farmer, rancher, or political subdivision. " (3)(A) Any agreement entered into by the Secretary pursuant to paragraph (1) of this subsection shall require the farmer, rancher, or political subdivision for whom the well is constructed to pay to the United States the reasonable cost of such construction, with interest, over such number of years, not to exceed thirty, as the Secretary deems appropriate. The rate of interest shall be that rate which the Secretary determines would apply if the amount to be repaid was a loan made pursuant to section 7(b)(2) of the Small Business Act. " (B) The Secretary shall not construct any well pursuant to this subsection unless the farmer, rancher, or political subdivision for whom the well is being constructed has obtained, prior to construction, all necessary State and local permits. " (4) The Federal share for the transportation of water pursuant to paragraph (2) of this subsection shall be 100 per centum.

June 20, 1977 [H.R. 6197] Disaster relief programs. Appropriation authorization 42 USC 5202.

Construction of wells in drought areas.

Transportation of water.

Costs.

Rate of interest. 15 USC 636.

Federal share.

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Page:United States Statutes at Large Volume 91.djvu/268

 91 STAT. 234 Definitions.

PUBLIC LAW 95-51—JUNE 20, 1977 "(5) For purposes of this subsection— ~ ' " "(A) the term 'construction' includes construction, reconstruction, or repair; "(B) the term 'distressed area' means an area which the Secretary determines due to drought conditions has an inadequate • water supply which is causing, or is likely to cause, a substantial threat to the health and welfare of the inhabitants of the area including threat of damage or loss of property; "(C) the term 'political subdivision' means a city, town, borough, county, parish, district, association, or other public body created by or pursuant to State law and having jurisdiction over the water supply of such public body; "(D) the term 'reasonable cost' means the lesser of (i) the cost to the Secretary of constructing a well pursuant to this subsection exclusive of the cost of transporting equipment used in the construction of wells, or (ii) the cost to a private business of constructing such well; " (E) the term 'Secretary' means the Secretary of the Army, acting through the Chief of Engineers; and " (F) the term 'State' means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands.".

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Approved June 20, 1977.

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M' LEGISLATIVE HISTORY: HOUSE REPORT No. 95-302 (Coram, on Public Works and Transportation). SENATE REPORT No. 95-154 accompanying S. 1512 (Coram, on Environment and Public Works). CONGRESSIONAL RECORD, Vol. 123 (1977): May 17, considered and passed House. May 24, considered and passed Senate, amended, in lieu of S. 1512. June 8, House concurred in Senate amendment. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 13, No. 26: June 2 1, Presidential statement.

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Page:United States Statutes at Large Volume 91.djvu/269

 PUBLIC LAW 95-52—JUNE 22, 1977

91 STAT. 235

Public Law 95-52 95th Congress An Act To amend the Export Administration Act of 1969 in order to extend the authorities of that Act and improve the administration of export controls under that Act, and to strengthen the antiboycott provisions of that Act.

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

1. This Act may be cited as the "Export Administration Amendments of 1977". SECTION

June 22. 1977 [H.R. 5840]

Export Administration Amendments of 1977. 50 USC app. 2401 note.

TITLE I—EXPOKT ADMINISTRATION IMPROVEMENTS AND EXTENSION EXTENSION OF EXPORT ADMINISTRATION ACT

SEC. 101. Section 14 of the Export Administration Act of 1969 is amended by striking out "September 30, 1976" and inserting in lieu thereof "September 30, 1979".

50 USC app. 2413.

AUTHORIZATION OF APPROPRIATIONS

SEC, 102. The Export Administration Act of 1969 is amended by inserting after section 12 the following new section 13 and redesignating existing sections 13 and 14 as sections 14 and 15, respectively:

50 USC app. 2412, 2413.

a AUTHORIZATION OP APPROPRIATIONS

"SEC, 13, (a) Notwithstanding any other provision of law, no appropriation shall be made under any law to the Department of Commerce for expenses to carry out the purposes of this Act for any fiscal year commencing on or after October 1, 1977, unless previously and specifically authorized by legislation. " (b) There is hereby authorized to be appropriated to the Department of Commerce $14,033,000 (and such additional amounts as may be necessary for increases in salary, pay, retirement, other employee benefits authorized by law, and other nondiscretionary costs) for fiscal years 1978 and 1979 to carry out the purposes of this Act.".

50 USC app. 2411a.

CONTROL OF EXPORTS FOR NATIONAL SECURITY PURPOSES J FOREIGN AVAILABILITY

SEC. 103. (a) Section 4(b) of the Export Administration Act of 1969 is amended— 50 USC app. 2403. (1) by striking out the third sentence of paragraph (1); (2) by striking out paragraphs (2) through (4); and (3) by inserting the following new paragraph (2) immediately after paragraph (1):

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Page:United States Statutes at Large Volume 91.djvu/270

 91 STAT. 236 50 USC app. 2402.

Review by President. Report to Congress. Post, p. 241. Rules and regulations.

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50 USC app. 2403.

Effective date. 50 USC app. 2403 note.

PUBLIC LAW 95-52—JUNE 22, 1977

" (2)(A) I n administering export controls for national securitypurposes as prescribed in section 3(2)(C) of this Act, United States policy toward individual countries shall not be determined exclusively on the basis of a country's Communist or non-Communist status but shall take into account such factors as the countiy's present and potential relationship to the United States, its present and potential relationship to countries friendly or hostile to the United States, its ability and willingness to control retransfers of United States exports in accordance with United States policy, and such other factors as the ^ r e s i d e n t may deem appropriate. The President shall periodically review United States policy toward individual countries to determine whetlier such policy is appropriate in light of the factors specified in the preceding sentence. The results of such review, together with the justification for United States policy in light of such factors, shall be reported to Congress not later than December 31, 1978, in the semiannual report of the Secretary of Commerce required by section 10 of this Act, and in every second such report thereafter. - " (B) Rules and regulations under this subsection may provide for jdenial of any requ,est or application for authority to export articles, ' materials, or supplies, including technical data or any other information, from the United States, its territories and possessions, to any nation or combination of nations threatening the national security of the United States if the President determines that their export would prove detrimental to the national security of the United States. The President shall not impose export controls for national security purposes on the export from the United States of articles, materials, or supplies, including technical data or other information, which he determines are available without restriction from sources outside the United States in significant quantities and comparable in quality to those produced in the United States, unless the President determines that adequate evidence has been presented to him demonstrating that the absence of such controls would prove detrimental to the national security of the United States. The nature of such evidence shall be included in the semiannual report required by section 10 of this Act. AVTiere, in accordance with t h i s paragraph, export controls are imposed for national security purposes notwithstanding foreign availalbility, the President shall take steps to initiate negotiations with the governments of the a p p r o p r i a t e foreign countries for the purpose of eliminating such availability.". (b)(1) Section 4(h) of the E x p o r t Administration Act of 1969 is amended by striking out "controlled country" in the first sentence of paragraph (1) and in the second sentence of paragraph (2) and inserting in lieu thereof "country to which exports are restricted for national security purposes". (2) Section 4(h)(2)(A) of such Act is amended by striking out "controlled" and inserting in lieu thereof "such". (3) Section 4(h)(4) of such Act is amended— (A) by inserting " and " at the end of subparagraph (A); and (B) by striking out the semicolon at the end of subparagraph (B) thereof and all that follows the semicolon and inserting in lieu thereof a period. (4) The amendments made by this subsection shall become effective upon the expiration of ninety days after the receipt by the Congress of the first report required by the amendment made by subsection (a) (3) of this section. (c) Section 4(h) of such Act is amended— (1) in paragraph (1) —

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Page:United States Statutes at Large Volume 91.djvu/271

 PUBLIC LAW 95-52—JUNE 22, 1977 '

(A) in the first sentence by striking out "significantly increase the military capability of such country" and inserting in lieu thereof "make a significant contribution to the military potential of such country"; and (B) in the second sentence by striking out "significantly increase the military capability of such country" and inserting in lieu thereof "make a significant contribution, which would prove detrimental to the national security of the, United States, to the military potential of any such country"; and (2) in paragraph (2)(A) by striking out "significantly increase the military capability of such country" and inserting in lieu thereof "make a significant contribution, which would prove detrimental to the national security of the United States, to the military potential of such country or any other country", (d) Section 6(b) of such Act is amended by striking out "Communist-dominated nation" and inserting in lieu thereof "country to which exports are restricted for national security or foreign policy purposes".

91 STAT. 237 50 USC app. 2403.

' ,;,

50 USC app. 2405.

MONITORING OF COMMODITIES I N POTENTIAL SHORT SUPPLY

SEC. 104. Section 4(c)(1) of the Export Administration Act of 1969 is amended by inserting after the first sentence thereof the fol- 50 USC app. lowing: "Such monitoring shall commence at a time adequate to 2403. insure that data will be available which is sufficient to permit achievement of the policies of this Act.". EXEMPTION FOR CERTAIN AGRICULTURAL COMMODITIES FROM CERTAIN EXPORT LIMITATIONS

SEC. 105. Section 4(f) of the Export Administration Act of 1969 is amended— (1) by redesignating such section as section 4(f)(1); and (2) by adding at the end thereof the following new paragraph: "(2) Upon approval of the Secretary of Commerce, in consultation with the Secretary of Agriculture, agricultural commodities purchased by or for use in a foreign country may remain in the United States for export at a later date free from any quantitative limitations on export which may be imposed pursuant to section 3(2)(A) of this Act subsequent to such approval. The Secretary of Commerce may not grant approval hereunder unless he receives adequate assurance and, m conjunction with the Secretary of Agriculture, finds that such commodities will eventually be exported, that neither the sale nor export thereof will result in an excessive drain of scarce materials and have a serious domestic inflationary impact, that storage of such commodities in the United States will not unduly limit the space available for storage of domestically owned commodities, and that the purpose of such storage is to establish a reserve of such commodities for later use, not including resale to or use by another country. The Secretary of Commerce is authorized to issue such rules and regulations as may be necessary to implement this paragraph.".

50 USC app. 2402.

Rules abd regulations,

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Page:United States Statutes at Large Volume 91.djvu/272

 91 STAT. 238 rsn& '.WJI

Report to Congress. Ante, p. 237.

50 USC app. 2402.

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PUBLIC LAW 95-52—JUNE 22, 1977

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CONGRESSIONAL REVIEW OF EXPORT CONTROLS ON AGRICULTURAL COMMODITIES

SEC. 106. Section 4(f) of the E x p o r t Administration Act of 1969, as amended by section 105 of this Act, is further amended by adding at the end thereof the following new paragraph: " (3) I f the authority conferred by this section is exercised to prohibit or curtail the exportation of any agricultural commodity in order to effectuate the policies set forth in clause (A) or (B) of paragraph (2) of section 3 of this Act, the President shall immediately report such prohibition or curtailment to the Congress, setting forth the reasons therefor in detail. If the Congress, within 30 days after the date of its receipt of such report, adopts a concurrent resolution disapproving such prohibition or curtailment, then such prohibition or curtailment shall cease to be effective with the adoption of such resolution. I n the computation of such 30-day period, there shall be excluded the days on which either House is not in session because of an adjournment of more than 3 days to a day certain or because of an adjournment of the Congress sine die.". PERIOD FOR ACTION ON EXPORT LICENSE

50 USC app. 2403. Approval. Notice.

Interagency review.

Denial.

APPLICATIONS

SEC. 107. Section 4(g) of the E x p o r t Administration Act of 1969 is amended to read as follows: " (g)(1) I t is the intent of Congress that any export license application required under this Act shall be approved or disapproved within 90 days of its receipt. Upon the expiration of the 90-day period beginning on the date of its receipt, any export license application required under this Act which has not been approved or disapproved shall be deemed to be approved and the license shall be issued unless the Secretary of Commerce or other official exercising authority under this Act finds that additional time is required and notifies the applicant in writing of the specific circumstances requiring such additional time and the estimated date when the decision will be made. " (2)(A) W i t h respect to any export license application not finally approved or disapproved within 90 days of its receipt as provided in paragraph (1) of this subsection, the applicant shall, to the maximum extent consistent with the national security of the United States, be specifically informed in writing of questions raised and negative considerations or recommendations made by any agency or department of the Government with respect to such license application, and shall be accorded an opportunity to respond to such questions, considerations, or recommendations in writing prior to final approval or disapproval by the Secretary of Commerce or other official exercising authority under this Act. I n making such final approval or disapproval, the Secretary of Commerce or other official exercising authority under this Act shall take fully into account the applicant's response. " (B) Whenever the Secretary determines that it is necessary to refer an export license application to any interagency review process for approval, he shall first, if the applicant so requests, provide the applicant with an opportunity to review any documentation to be submitted to such process for the purpose of describing the export in question, in order to determine whether such documentation accurately describes the proposed export. " (3) I n any denial of an export license application, the applicant shall be informed in writing of the specific statutory basis for such denial.".

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Page:United States Statutes at Large Volume 91.djvu/273

 PUBLIC LAW 95-52—JUNE 22, 1977 •^

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"

91 STAT. 239

CERTAIN PETROLEUM EXPORTS

" SEC. 108. Section 4 of the Export Administration Act of 1969 is amended by adding at the end thereof the following new subsection: "(j) Petroleum products refined in United States Foreign-Trade Zones, or in the United States Territory of Guam, from foreign crude oil shall be excluded from any quantitative restrictions imposed pursuant to section 3(2)(A) of this Act, except that, if the Secretary of Commerce finds that a product is in short supply, the Secretary of Commerce may issue such rules and regulations as may be necessary to limit exports.".

Rules and regulations. 50 USC app. 2403. 50 USC app. 2402.

EXPORT OF HORSES

SEC. 109. Section 4 of the Export Administration Act of 1969, as amended by section 108 of this Act, is further amended by adding at the end thereof the following new subsection: "(k)(1) Notwithstanding any other provision of this Act, no horse may be exported by sea from the United States, its territories and possessions, unless such horse is part of a consignment of horses with respect to which a waiver has been granted under paragraph (2) of this subsection. "(2) The Secretary of Commerce, in consultation with the Secre- Waivers, rules tary of Agriculture, may issue rules and regulations providing for the and regulations. granting of waivers permitting the export by sea of a specified consignment of horses, if the Secretary of Commerce, in consultation with the Secretary of Agriculture, determines that no horse in that consignment is being exported for purposes of slaughter.". PROHIBITION o r CERTAIN PETROLEUM EXPORTS

SEC. 110. Section 4 of the Export Administration Act of 1969, as amended by sections 108 and 109 of this Act, is further amended by adding at the end thereof the following new subsection: "(1)(1) Notwithstanding any other provision of this Act and notwithstanding subsection (u) of section 28 of the Mineral Leasing Act of 1920, no domestically produced crude oil transported by pipeline over rights-of-way granted pursuant to such section 28 (except any such crude oil which (A) is exchanged in similar quantity for convenience or increased efficiency of transportation with persons or the government of an adjacent foreign state, or (B) is temporarily exported for convenience or increased efficiency of transportation across pails of an adjacent foreign state and reenters the United States) may be exported from the United States, its territories and possessions, during the 2-year period beginning on the date of enactment of this subsection unless the requirements of paragraph (2) of this subsection are met. "(2) Crude oil subject to the prohibition contained in paragraph (1) may be exported only if— "(A) the President makes and publishes an express finding that exports of such crude oil— "(i) will not diminish the total quantity or quality of petroleum available to the United States, "(ii) will have a positive effect on consumer oil prices by decreasing the average crude oil acquisition costs of refiners, "(iii) will be made only pursuant to contracts which may be terminated if the petroleum supplies of the United States are interrupted or seriously threatened, " (iv) are in the national interest, and

29-194

0-80

30 USC 185.

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Presidential finding, publication,

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Page:United States Statutes at Large Volume 91.djvu/274

 91 STAT. 240

Report to Congress.

42 USC 6421. Congressional

PUBLIC LAW 95-52—JUNE 22, 1977 "(v) are in accordance with the provisions of this Act; and ' ' "(B) the President reports such finding to the Congress as an energy action (as defined in section 551 of the Energy Policy and Conservation Act). The congressional review provisions of such section 551 shall apply to an energy action reported in accordance with this paragraph, except that for purposes of this paragraph, any reference in such section to a period of 15 calendar days of continuous session of Congress shall be deemed to be a reference to a period of 60 calendar days of continuous session of Congress and the period specified in subsection (f)(4)(A) of such section for committee action on a resolution shall be deemed to be 40 calendar days.". TECHNICAL ADVISORY

50 USC app. 2404.

Report, adaitional information, Post, p. 241. \38t:.

COMMITTEES

SEC. 111. (a) Section 5(c)(1) of the Export Administration Act of 1969 is amended by striking out "two" in the last sentence thereof and inserting in lieu thereof "four". (b) The second sentence of section 5(c)(2) of such Act is amended to read as follows: "Such committees, where they have expertise in such matters, shall be consulted with respect to questions involving (A) technical matters, (B) worldwide availability and actual utilization of production technology, (C) licensing procedures which affect the level of export controls applicable to any articles, materials, and supplies, including technical data or other information, and (D) exports subject to multilateral controls in which the United States participates including proposed revisions of any such multilateral controls.". (c) Section 5(c)(2) of such Act is further amended by strikinj? out the third sentence and inserting in lieu thereof the following: "The Secretary shall include in each semiannual report required by section 10 of this Act an accounting of the consultations undertaken pursuant to this paragraph, the use made of the advice rendered by the technical advisory committees pursuant to this paragraph, and the contributions of the technical advisory committees to carrying out the policies of this Act.". PENALTIES FOR VIOLATIONS

50 USC app. 2405.

Ante, p. 237.

Payment, deferral or suspension.

SEC. 112, (a) Section 6(a) of the Export Administration Act of 1969 is amended— (1) in the first sentence, by striking out "$10,000" and inserting in lieu thereof "$25,000"; and (2) in the second sentence, by striking out "$20,000" and inserting in lieu thereof "$50,000". (b) Section 6(b) of such Act is amended by striking out "$20,000" and inserting in lieu thereof "$50,000". (c) Section 6(c) of such Act is amended by striking out "$1,000" and inserting in lieu thereof "$10,000". (d) Section 6(d) of such Act is amended by adding at the end thereof the following new sentence: "In addition, the payment of any penalty imposed under subsection (c) may be deferred or suspended in whole or in part for a period of time no longer than any probation period (which may exceed one year) that may be imposed upon such person. Such a deferral or suspension shall not operate as a bar to the collection of the penalty in the event that the conditions of the suspension, deferral, or probation are not fulfilled.". ,,,

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Page:United States Statutes at Large Volume 91.djvu/275

 PUBLIC LAW 9 5 - 5 2 — J U N E 22, 1977

9 1 STAT. 241

AVAILABILITY O r INFORMATION TO CONGRESS

SEC. 113. (a) Section 7(c) of the E x p o r t Administration Act of 1969 is amended by adding at the end thereof the following new sentences: " Nothing in this Act shall be construed as authorizing the withholding of information from Congress, and any information obtained under this Act, including any report or license application required under section 4(b), shall be made available upon request to any committee or subcommittee of Congress of appropriate jurisdiction. No such committee or subcommittee shall disclose any information obtained under this Act which is submitted on a confidential basis unless the full committee determines that the withholding thereof is contrary to the national interest.", (b) Section 4(c)(1) of such Act is amended by inserting immediately before the period at the end of the last sentence thereof "and in the last two sentences of section 7(c) of this Act".

50 USC app. 2406. Ante, p. 235. Disclosure,

Ante, p. 237.

SIMPLIFICATION OF EXPORT REGULATIONS AND LISTS

SEC. 114. Section 7 of the E x p o r t Administration Act of 1969 is amended by adding at the end thereof the following ncAV subsection: " (e) The Secretary of Commerce, in consultation with a p p r o p r i a t e United States Government departments and agencies and with appropriate technical advisory committees established under section 5(c), shall review the rules and regulations issued under this Act and the lists of articles, materials, and supplies which are subject to export controls in order to determine how compliance with the provisions of this Act can be facilitated by simplifying such rules and resrulations, by simplifying or clarifying such lists, or by any other means. Not later than one year after the enactment of this subsection, the Secretary of Commerce shall report to Congress on the actions taken on the basis of such review to simplify such rules and rearulations. Such report may be included in the semiannual report required by section 10 of this Act.".

Review. 50 USC app. 2406.

Ante, p. 240

Report to Congress,

Infra.

TERRORISM

SEC. 115. Section 3 of the E x p o r t Administration Act of 1969 is 50 USC app. amended by a d d i n g at the end thereof the following new paragraph: 2402. " (8) I t is the policy of the United States to use export controls to encourage other countries to take immediate steps to prevent the use of their territory or resources to aid, encourage, or give sanctuary to those persons involved in directing, supportin,?. or particinatinq: in acts of international terrorism. To achieve this objective, the President shall make every reasonable effort to secure the removal or reduction of such assistance to international terrorists through international cooperation and agreement before resorting to the imposition of export controls.". S E M I A N N U A L REPORTS

SEC. 116. (a) Section 10 of the E x p o r t Administration Act of 1969 is amended by a d d i n g at the end thereof the following new subsection: " (c) E a c h semiannual report shall include an accounting of— " (1) any organizational and procedural changes instituted, any reviews undertaken, and any means used to keep the business sector of the Nation informed, pursuant to section 4(a) of this Act; " (2) any changes in the exercise of the authorities of section 4 (b) of t h i s Act;

50 USC app. 2409.

50 USC app. 2403.

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Page:United States Statutes at Large Volume 91.djvu/276

 91 STAT. 242 50 USC app. 2403. Ante, p. 236, 238. Ante, p. 240. Ante, p. 240. Post, p.247. 50 USC app. 2409.

PUBLIC LAW 95-52—JUNE 22, 1977 "(3) any delegations of authority under section 4(e) of this Act; " (4) the disposition of export license applications pursuant to sections 4(g) and (h) of this Act; "(5) consultations undertaken with technical advisory committees pursuant to section 5(c) of this Act; "(6) violations of the provisions of this Act and penalties imposed pursuant to section 6 of this Act; and "(7) a description of actions taken by the President and the Secretary of Commerce to effect the policies set forth in section 3(5) of this Act", (b)(1) The section heading of such section 10 is amended by striking out "QUARTERLY".

(2) Subsection (b) of such section is amended— (A) by striking out "quarterly" each time it appears; and (B) by striking out "second" in the first sentence of paragraph (1). SPECIAL REPORT ON MULTILATERAL EXPORT CONTROLS

Submittal to Congress. 50 USC app. 2409 note. 50 USC app. 2401 note. 22 USC 1611 note. Contents.

SEC. 117. Not later than 12 months after the enactment of this section, the President shall submit to the Congress a special report on multilateral export controls in which the United States participates pursuant to the Export Administration Act of 1969 and pursuant to the Mutual Defense Assistance Control Act of 1951. The purpose of such special report shall be to assess the effectiveness of such multilateral export controls and to formulate specific proposals for increasing the effectiveness of such controls. That special report shall include— (1) the current list of commodities controlled for export by agreement of the group known as the coordinating Committee of the Consultative Group (hereafter in this section referred to as the "Committee") and an analysis of the process of reviewing such list and of the changes which result from such review; (2) data on and analysis of requests for exceptions to such list; (3) a description and an analysis of the process by which decisions are made by the Committee on whether or not to grant such requests; (4) an analysis of the uniformity of interpretation and enforcement by the participating countries of the export controls agreed to by the Committee (including controls over the re-export of such commodities from countries not participating in the Committee), and information on each case where such participating countries have acted contrary to the United States interpretation of the policy of the Committee, including United States representations to such countries and the response of such countries; (5) an analysis of the problem of exports of advanced technology by countries not participating in the Committee, including such exports by subsidiaries or affiliates of United States businesses in such countries; (6) an analysis of the effectiveness of any procedures employed, in cases in which an exception for a listed commodity is granted by the Committee, to determine whether there has been compliance with any conditions on the use of the excepted commodity which were a basis for the exception; and ..-

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Page:United States Statutes at Large Volume 91.djvu/277

 PUBLIC LAW 95-52—JUNE 22, 1977 j

91 STAT. 243

(7) detailed recommendations for improving, through formalization or other means, the effectiveness of multilateral export controls, including specific recommendations for the development of more precise criteria and procedures for collective export decisions and for the development of more detailed and formal enforcement mechanisms to assure more uniform interpretation of and compliance with such criteria, procedures, and decisions by all countries participating in such multilateral export controls.

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REVIEW o r UNILATERAL AND MULTILATERAL EXPORT CONTROL LISTS

SEC. 118. The Secretary of Commerce, in cooperation with appropriate United States Government departments and agencies and the appropriate technical advisorj'^ committees established pursuant to the Export Administration Act of 1969, shall undertake an investigation to determine whether United States unilateral controls or multilateral controls in which the United States participates should be removed, modified, or added with respect to particular articles, materials, and supplies, including technical data and other information, in order to protect the national security of the United States. Such investigation shall take into account such factors as the availability of such articles, materials, and supplies from other nations and the degree to which the availability of the same from the United States or from any country with which the United States participates in multilateral controls would make a significant contribution to the military potential of any country threatening or potentially threatening the national security of the United States. The results of such investigation shall be reported to the Congress not later than December 31, 1978.

Investigation. 50 USC app. 2403 note. 50 USC app. 2401 note.

Report to Congress.

TECHNOLOGY EXPORT STUDY

SEC. 119. (a) The President, acting through the Secretary of Commerce, the Secretary of Labor, and the International Trade Commission, shall conduct a study of the domestic economic impact of exports from the United States of industrial technology whose export requires a license under the Export Administration Act of 1969. Such study shall include an evaluation of current exporting patterns on the international competitive position of the United States in advanced industrial technology fields and an evaluation of the present and future effect of these exports on domestic employment. (b) The results of the study conducted pursuant to subsection (a) will be reported to the Congress within one year after the date of enactment of this Act.

Study, 50 USC app. 2403 note,

Report to Congress,

REPORT ON TECHNICAL DATA TRANSFERS

SEC. 120. The Secretary of Commerce shall conduct a study of the transfer of technical data and other information to any country to which exports are restricted for national security purposes and the problem of the export, by publications or any other means of public dissemination, of technical data or other information from the United States, the export of which might prove detrimental to the national security or foreign policy of the United States. Not later than 12 months after the enactment of this section, the Secretary shall report to the Congress his assessment of the impact of the export of such technical data or other information by such means on the national security and foreign policy of the United States and his recommendations for monitoring such exports without impairing freedom of speech, freedom of press, or the freedom of scientific exchange. Such report may be

Study. 50 USC app. 2403 note.

Report to Congress.

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Page:United States Statutes at Large Volume 91.djvu/278

 91 STAT. 244 It*-*'

> i-.

Ante, p. 241.

PUBLIC LAW 95-52—JUNE 22, 1977 included in the semiannual report required by section 10 of the Export Administration Act of 1969. TITLE II—FOREIGN BOYCOTTS PROHIBITION ON COMPLIANCE W I T H FOREIGN BOYCOITS

50 USC app. 2403a.

SEC. 201. (a) The Export Administration Act of 1969 is amended by redesignating section 4A as section 4B and by inserting after section 4 the following new section: 'FOREIGN

Rules and regulations. 50 USC app. 2403-la. Post, p. 247.

BOYCOTTS

'

"SEC. 4 A. (a)(1) For the purpose of implementing the policies set forth in section 3(5)(A) and (B), the President shall issue rules and regulations prohibiting any United States person, with respect to his activities in the interstate or foreign commerce of the United States, from taking or knowingly agreeing to take any of the following actions with intent to comply with, further, or support any boycott fostered or imposed by a foreign country against a country which is friendly to the United States and which is not itself the object of any form of boycott pursuant to United States law or regulation: "(A) Refusing, or requiring a^iy other person to refuse, to do business with or in the boycotted country, with any business concern organized under the laws of the boycotted country, with any national or resident of the boycotted country, or with any other person, pursuant to an agreement with, a requirement of, or a request from or on behalf of the boycotting country. The mere absence of a business relationship with or in the boycotted country, with any business concern organized under the laws of the boycotted country, with any national or resident of the boycotted country, or with any other person, does not indicate the existence of the intent required to establish a violation of rules and regulations issued to carry out this subparagraph. "(B) Refusing, or I'equiring any othei- person to refuse, to employ or otherwise discriminating against any United States person on the basis of race, religion, sex, or national origin of that person or of any owner, officer, director, or employee of such person. "(C) Furnishing information with respect to the race, religion, sex, or national origin of any United States person or of any • ' owner, officer, director, or employee of such person. • "(1)) Furnishing information about whether any person has, has had, or proposes to have any business relationship (including a relationship by way of sale, purchase, legal or commercial representation, shipping or other transport, insurance, investment, or supply) with or in the boycotted country, with any business concern organized under the laws of the boycotted country, with any national or resident of the boycotted country, or with any other person which is known or believed to be restricted from having any business relationship with or in the boycotting country. Nothing in this paragraph shall prohibit the furnishing of normal business information in a commercial context as defined by the Secretary of Commerce. " (E) Furnishing information about whether any person is a member of, has made contributions to, or is otherwise associated with or involved in the activities of any charitable or fraternal organization which supports the boycotted country.

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