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Page:United States Statutes at Large Volume 90 Part 1.djvu/1536

 90 STAT. 1486 Report to President and Congress.

PUBLIC LAW 9 4 - 4 4 4 — O C T. 1, 1976

(<i)(1) The Commission shall make a report of its findings and recommendations to the President and the Congress within eighteen months after the date of appointment of the first five members of the Commission. (2) I n p r e p a r i n g its report, the Commission shall consider the following: (A) The methodology of collection of employment and unemployment data at all levels, including National, regional. State, and local statistics. (B) The methodology of analysis of such data, including its relevance and application. (C) The methodology of presentation of employment and "•. unemployment statistics, including the dissemination, current v utilization, and application of such statistics. (D) Alternative methods of such collection, analysis, and .. presentation. (E) The need for additional special statistical surveys (including longitudinal studies) and reports on a continuing basis. (F) The need for additional data and analysis on job vacancies, job turnover, job matching, discouraged workers, part-time workers, youth, minorities, women, and other labor force participants. (G) Accuracy and uniformity of seasonal adjustments in all categories of labor force statistics. (H) Methods of achieving current, accurate, and uniform employment and unemployment statistics on a State and local basis, including their use as a determinant of the allocation of Federal assistance. (I) The need for, and methods to obtain, data relating employ•"-.f5 -;.:'. • • ment status and earnings, economic hardship, and family support obligations. (J) The extent to which employment and earnings data assist .... „ t,: t'-' G in determining the impact of public programs and policies upon persons who are economically disadvantaged, unemployed, or underemployed. (K) The availability of and need for periodic information on education and t r a i n i n g enrollments and completions in the public and private sectors. (L) Statistical indicators of the relationship between education J-.,.., and t r a i n i n g and subsequent employment, earnings, and unemployment experience. (M) The value and usefulness of other statistics regarding employment and unemployment, such as those obtained through operation of the unemployment insurance system. (N) The availability of and need for current and projected occupational information, particularly on a local basis, to assist youths and adults in making training, education, and career choices. (O) Such other matters as the Commission deems a p p r o p r i a t e or necessary, including such matters as are suggested by the President or by the Congress that the Commission deems appropriate. Draft regulations (3) The Commission's report shall contain its findings and recomand legislation. mendations, including a feasible schedule for their implementation, cost estimates, and any appropriate draft regulations and legislation to implement such recommendations.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1537

 PUBLIC LAW 9 4 - 4 4 4 — O C T. 1, 1976 (4) The Commission may make such interim reports or recommendations as it may deem desirable. (e) Upon submission of the Commission's final report, the Secretary of Labor shall take steps to ascertain the views of each affected executive agency and, within six months after the report's submission, shall make an interim report to the Congress on— (1) the desirability, feasibility, and cost of implementing each of the Commission's recommendations, and the actions taken or planned with respect to their implementation; and (2) recommendations with respect to any legislation proposed by the Commission, the need for any alternative or additional legislation to implement the Commission's recommendations, and any other proposals to strengthen and improve the measurement of employment and unemployment. W i t h i n two years after submission of the Commission's final report, the Secretary shall submit a final report to the Congress detailing the actions taken with respect to the recommendations of the Commission, together with any further recommendations deemed appropriate. (f)(1) E a c h department, agency, and instrumentality of the Federal Government is authorized and directed to cooperate fully with the Commission in furnishing appropriate information to assist the Commission in carrying out its functions under this section. (2) The head of each department, agency, or instrumentality of the Federal Government is authorized to provide such support and services to the Commission, upon request of the Chairman, as may be agreed between the head of the department, agency, or instrumentality and the Chairman. (g) The Commission shall cease to exist one hundred and eighty days after submission of its final report as required under subsection (d)(1) of this section. (h)(1) There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this section. (2) Notwithstanding any other provision of law, any funds appropriated to carry out this section which are not obligated prior to the end of the fiscal year for which such funds were appropriated shall remain available for obligation during the succeeding fiscal year. SEC. 14. (a) Section 202 of the Comprehensive Employment and T r a i n i n g Act of 1973 is amended by adding at the end thereof the following new subsection: " (c) Whenever the Secretary allocates any funds available under subsection (b) of this section through a distribution based upon a formula, he shall, not later than 30 days prior to such allocation, publish in the Federal Register for comment the specific formula upon which such distribution is based, the rationale supporting the selection of the formula, and the proposed distribution to each prime sponsor. After consideration of comments received under the preceding sentence, the Secretary shall publish final allocations.". (b) Section 603 of such Act is amended by adding at the end thereof the following new subsection: " (d) Whenever the Secretary allocates any funds available under subsection (b) of this section through a distribution based upon a formula, he shall, not later than 30 days prior to such allocation, publish in the Federal Register the specific formula upon which such distribution is based, the rationale behind the selection of the formula, and the proposed distribution for each prime sponsor. After consideration of comments received under the preceding sentence, the Secretary shall publish final allocations.".

89-194 0—7H—nt 1

Q7

90 STAT. 1487

Report to Congress,

Termination. Appropriation authorization.

29 USC 842. Publication in Federal Register.

29 USC 963. Publication in Federal Register,

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1538

 90 STAT. 1488 Public service employment programs, study. 29 USC 953 note. 29 USC 951. 29 USC 841, 861. Report to Congress. Appropriation authorization.

PUBLIC LAW 94-444—OCT. 1, 1976 SEC. 15. (a) The National Commission for Manpower Policy, established under title V of the Comprehensive Employment and Training Act of 1973, shall conduct a study of the net employment effects of the public service employment programs authorized by title II and title VI of the Comprehensive Employment and Training Act of 1973. (b) The National Commission for Manpower Policy shall prepare and submit to the Congress not later than March 31, 1978, a report on the study rejjuired by this section, together with such recommendations, including recommendations for legislation, as such Commission deems advisable. (c) There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this section. Approved October 1, 1976.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-1019 (Comm. on Education and Labor) and No. 94-1514 (Comm. of eonference). SENATE REPORT No. 94-883 (Comm. on Labor and Public Welfare). CONGRESSIONAL RECORD, Vol. 122 (1976): Apr. 30, considered and passed House. Aug. 9, 10, considered and passed Senate, amended. Sept. 17, House agreed to conference report. Sept. 22, Senate agreed to conference report. ,

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1539

 PUBLIC LAW 94-445—OCT. 1, 1976

90 STAT. 14S9

Public Law 94-445 94th Congress An Act To provide for emergency allotment lease and transfer of tobacco allotments or quotas for 1976 in certain disaster areas in South Carolina and Georgia.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 316 of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1314b) is amended by adding at the end thereof the following new subsection (i): " (i) Notwithstanding any provision of this section, when as a result of drought, flood, damage due to excessive rain, hail, wind, tornado, or other natural disaster, the Secretary determines (1) that one of the counties in South Carolina or Georgia has suffered a loss of 10 per centum or more in the number of acres of tobacco planted (or expected production from the planted acreage), and (2) that a lease of such tobacco allotment or quota will not impair the effective operation of the tobacco marketing quota or price support program, he may permit the owner and operator of any farm within a designated county which has suffered a loss of 10 per centum or more in the number of acres of tobacco planted (or expected production from the planted acreage) of such crop to lease all or any part of such allotment or quota to any other owners or operators in the same county, or other counties within the same State, for use in such counties for the year 1976 on a farm or farms having a current tobacco allotment or quota of the same kind. In the case of a lease and transfer to an owner or operator in another county pursuant to this subsection, the lease and transfer shall not be effective until a copy of the lease is filed with and determined by the county committee of the county to which the transfer is made to be in compliance with the provisions of the subsection.". Approved October 1, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1430 (Comm. on Agriculture). SENATE REPORT No. 94^1228 (Comm. on Agriculture and Forestry). CONGRESSIONAL RECORD, Vol. 122 (1976): Aug. 24, considered and passed House. Sept. 22, considered and passed Senate, amended. Sept. 23, House concurred in Senate amendment.

Oct. 1. 1976 [H.R. 15068]

Tobacco. Acreage allotments or quotas, S.C.-Ga.. lease and transfer.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1540

 9 0 STAT. 1490

PUBLIC LAW 9 4 - 4 4 6 — O C T. 1, 1976

Public Law 94-446 94th Congress An Act Oct. 1, 1976 [H.R. 15193]

District of Columbia Appropriation Act, 1977.

Making appropriations for the government of the District of Columbia and other activities chargeable in whole or in part against the revenues of said District for the fiscal year ending September 30, 1977, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the District of Columbia for the fiscal year ending September 30, 1977, and for other purposes, n a m e l y: TITLE I—DISTRICT OF

COLUMBIA

FEDERAL P A Y M E N T TO THE DISTRICT OF COLUMBIA

For payment to the District of Columbia for the fiscal year ending September 30, 1977, $259,797,400, as authorized by the District of Columbia Self-Government and Governmental Reorganization Act, Public Law 93-198, as amended (D.C. Code 47-2501d); and $2,707,000 in lieu of reimbursements for charges for water and water services and sanitary sewer services furnished to facilities of the United States Government as authorized by the Act of May 18, 1954 (D.C. Code 43-1541 and 1611). LOANS TO THE DISTRICT OF COLUMBIA FOR CAPITAL OUTLAY

For loans to the District of Columbia, as authorized by the District of Columbia Self-Government and Governmental Reorganization Act, D.C. Code 1-121 Public Law 93-198, $101,292,000, which together with balances of note. previous appropriations for this purpose, shall remain available until expended and be advanced upon request of the May o r: Provided, That notwithstanding any other provision of law, the Mayor is authorized to accept loans for the District from the United States Treasury, and the Secretary of the Treasury is authorized to lend the Mayor such sums as the Mayor may determine are required for financing capital projects for which appropriations are authorized in this title. DIVISION OF

EXPENSES

The following amounts are appropriated for the District of Columbia for the current fiscal year out of the general fund of the District of Columbia, except as otherwise specifically provided: GENERAL OPERATING EXPENSES

General operating expenses, $84,453,300, of which $799,300 shall be payable from the revenue sharing trust f u n d: Provided, That not to exceed $2,500 for the Mayor and $2,500 for the C h a i r m a n of the Council of the District of Columbia shall be available from this appropriation for expenditures for official purposes: Provided further, That, for the purpose of assessing and reassessing real property in

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1541

 PUBLIC LAW 94-446—OCT. 1, 1976

90 STAT. 1491

the District of Columbia, $5,000 of this appropriation shall be available for services as authorized by 5 U.S.C. 3109, but at rates for individuals not in excess of $100 per d i e m: Provided further, That not to exceed $7,500 of this appropriation shall be available for test borings and soil investigations: Provided further, That $4,480,700 of this appropriation (to remain available until expended) shall be available solely for District of Columbia employees' disability compensation: Provided further, That not to exceed $325,000 of this appropriation shall be available for settlement of property damage claims not in excess of $1,500 each and personal injury claims not in excess of $5,000 each: Provided further, That not to exceed $50,000 of any appropriations available to the District of Columbia may be used to match financial contributions from the Department of Defense to the District of Columbia Office of Emergency Preparedness for the purchase of civil defense equipment and supplies approved by the Department of Defense, when authorized by the Mayor. P U B L I C SAFETY

Public safety, including purchase of two hundred and sixty-five passenger motor vehicles for replacement only (including two hundred and sixty for police-type use and five for fire-type use without regard to the general purchase price limitation for the current fiscal year); $247,160,400, of which $5,530,400 shall be payable from the revenue sharing t r u s t f u n d: Provided, That the Police Department is authorized to replace not to exceed twenty-five passenger carrying vehicles, and the F i r e Department not to exceed five such vehicles annually whenever the cost of repair to any damaged vehicle exceeds threefourths the cost of the replacement: Provided further, That funds appropriated for expenses under the Criminal Justice Act of 1974 (Public Law 93-412) for fiscal year 1977 shall be available for obligations incurred under that Act in fiscal year 1975 and fiscal year 1976: Provided further. That not to exceed $200,000 shall be available from this appropriation for the Chief of Police for the prevention and detection of crime.

D.C. Code 11-2601 note.

EDUCATION

Education, including the development of national defense education programs, $245,287,700. of which $5,179,800 shall be payable from the revenue sharing trust f u n d: Provided, That the District of Columbia Public Schools are authorized to accept not to exceed thirty-one motor vehicles for exclusive use in the driver education program: Provided further. That not to exceed $1,000 for the Superintendent of Schools, $1,000 for the President of Federal C^ity College, and $1,000 for the President of Washington Technical Institute shall be available from this appropriation for expenditures for official purposes. RECREATION

Recreation, $17,674,400, of which $208,200 shall be payable from the revenue sharing trust fund. HUMAN

RESOURCES

Human Resources, including care and treatment of indigent patients in institutions under contracts to be made by the Director of the

^

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1542

 90 STAT. 1492 '

j_ I

42 USC 1396.

PUBLIC LAW 9 4 - 4 4 6 — O C T. 1, 1976

Department of Human Resources, $268,475,600, of which $6,520,000 shall be payable from the revenue sharing t r u s t f u n d: Provided, That the inpatient rate under such contracts shall not exceed $76 per diem and the outpatient rate shall not exceed $12 per visit, and the inpatient rate (excluding the proportionate share for repairs and construction) for services rendered by Saint Elizabeths Hospital for patient care shall be $25.18 per d i e m: Provided further, That total reimbursements to Saint Elizabeths Hospital, including funds from title X IX of the Social Security Act, shall not exceed the amount for the fiscal year 1970: Provided further, That the hospital rates specified herein shall not apply, begining July 1, 1969, to services provided to patients who are eligible for such services under the District of Columbia plan for medical assistance under title X IX of the Social Security Act: Provided further, That this appropriation shall be available for the furnishing of medical assistance to individuals sixty-five years of age or older who are residing in the District of Columbia: Provided further, That $13,733,000 of this appropriation shall be available for care and treatment of the mentally retarded at Forest Haven. TRANSPORTATION

Transportation, including rental of one passenger-carrying vehicle for use by the Mayor, $54,182,600, of which $6,262,300 shall be payable from the revenue sharing trust fund: Provided, That this appropriation shall not be available for the purchase of driver-training vehicles. ENVIRONMENTAL

'

SERVICES

Environmental services, $69,036,000, of which $1,500,000 shall be payable from the revenue sharing t r u s t f u n d: Provided, That t h i s appropriation shall not be available for collecting ashes or miscellaneous refuse from hotels and places of business or from a part m e n t houses with four or more apartments, or from any building or connected group of buildings operating as a rooming or boarding house as defined in the housing regulations of the District of Columbia. PERSONAL

SERVICES

For pay increases and related costs for police officers, firefighters and teachers, to be transferred by the May o r of the District of Columbia to the appropriations for the fiscal year 1977 from which said employees are properly payable, $16,245,000. SETTLEMENT OF C L A I M S AND S U I T S

D.C. Code 1-902 to 1-906.

For payment of property damage claims in excess of $500 and of personal injury claims in excess of $1,000, approved by the Mayor i n accordance with the provisions of the Act of February 11, 1929, as amended (45 Stat. 1160; 46 Stat. 500; 65 Stat. 131), $166,600. R E P A Y M E N T OF L O A N S AND INTEREST

87 Stat. 832. D.C. Code 43-1540, 43-1616, 7-133. D.C. Code 2-1727.

For reimbursement to the United States of funds loaned in compliance with sections 108, 217, and 402 of the Act of May 18, 1954 (68 Stat. 103, 109, and 110), as amended; section 9 of the Act of September 7, 1957 (71 Stat. 619), as amended; section 1 of the Act of June 6,

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1543

 PUBLIC LAW 94-446—OCT. 1, 1976 1958 (72 Stat. 183), as amended; section 4 of the Act of June 12, 1960 (74 Stat. 211), as amended; and section 723 of the District of Columbia Self-Government and Governmental Reorganization Act (Public Law 93-198), as amended, including interest as required thereby, $80,839,100: Provided, That there are hereby appropriated from the funds of the District of Columbia such sums as may be necessary to repay funds borrowed under the provisions of sections 471 and 472 of Public Law 93-198: Provided further, That the District is authorized to repay outstanding loans from the United States Treasury with funds received from the sale of general obligation bonds authorized for such purpose.

90 STAT. 1493 D.C. Code 9-220. D-C Code 43-1623. D.C. Code 1-121 °oteD.C. Code ^^~2^^' '^^"^^• "•^- ^°*^® 47-241 note.

CAPITAL OUTLAY

For reimbursement to the United States of funds loaned in compliance with the Act of August 7, 1946 (60 Stat. 896), as amended, construction projects as authorized by the Acts of April 22, 1904 (33 Stat. 244), May 18, 1954 (68 Stat. 105, 110), June 6, 1958 (72 Stat. 183), August 20, 1958 (72 Stat. 686), and the Act of December 9, 1969 (83 Stat. 321); including acquisition of sites; preparation of plans and specifications; conducting preliminary surveys; erection of sttuctures, including building improvement and alteration and treatment of grounds; to remain available until expended, $36,586,700: Provided, That $1,854,600 shall be available for construction services by the Director of the Department of General Services or by contract for architectural engineering services, as may be determined by the Mayor, and the funds for the use of the Director of the Department of General Services shall be advanced to the appropriation account "Construction Services, Department of General Services": Provided further, That the amount appropriated to the Construction Services Fund, Department of General Services, be limited, during the current fiscal year, to ten per centum of appropriations for all construction projects, except for Project Numbered 24-99, Permanent Improvements, for which construction services shall be limited to twenty per centum of the appropriation: Provided further, Notwithstanding the foregoing, all authorizations for capital outlay projects, except those projects covered by the first sentence of section 23(a) of the Federal-Aid Highway Act of 1968 (Public Law 90-495, approved August 23, 1968), for which funds are provided by this paragraph, shall expire on September 30, 1978, except authorizations for projects as to which funds have been obligated in whole or in part prior to such date. Upon expiration of any such project authorization the funds provided herein for such project shall lapse: Provided further, That $1,292,000 is hereby appropriated for the completion of the Sursum Corda Neighborhood Center; $900,000 shall be for the completion of the Sursum Corda Neighborhood Center to be repaid to the city out of funds raised by Sursum Corda, Inc., through fundraising activities: And provided further, That all sums so collected be applied to the cost of construction with a corresponding reduction in, or refund of, appropriated District of Columbia funds; and $392,000 shall be for equipment for the center.

72 Stat. 15. D.C. Code f-\^^ 9.220 40-804 {i\/y^i ^jte '

D.C. Code 7-135 "^te.

GENERAL PROVISIONS—DISTRICT O F COLUMBIA SEC. 102. Except as otherwise provided in this title, all vouchers Vouchers, audit, covering expenditures of appropriations contained in this title shall be audited before payment by the designated certifying official and

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1544

 90 STAT. 1494

Maximum allowances.

Automobile allowances.

Travel expenses; organization dues. Taxicabs, restrictions.

Street lighting. D.C. Code 7-701 note. Judgment payments.

D.C. Code 47-1586J. D.C. Code 3-204 note. D.C. Code 3-204 note. 42 USC 3801 note. Fiscal year limitation. Chauffeur compensation. D.C. Code 40-501a note.

PUBLIC LAW 94-446—OCT. 1, 1976 the vouchers as approved shall be paid by checks issued by the designated disbursing official. SEC. 103. Whenever in this title an amount is specified within an appropriation for particular purposes or object of expenditure, such amount, unless otherwise specified, shall be considered as the maximum amount which may be expended for said purpose or object rather than an amount set apart exclusively therefor. SEC. 104. Appropriations in this title shall be available, when authorized or approved by the Mayor, for allowances for privately owned conveyances used for the performance of official duties at 13 cents per mile but not to exceed $45 a month for each automobile and at 8 cents per mile but not to exceed $30 a month for each motorcycle, unless otherwise therein specifically provided, except that one hundred and thirteen (eighteen for venereal disease investigators in the Department of Human Resources) such automobile allowances at not more than $715 each per annum may be authorized or approved by the Mayor. SEC. 105. Appropriations in this title shall be available for expenses of travel and for the payment of dues of organizations concerned with the work of the District of Columbia government, when authorized by the Mayor. SEC. 106. Appropriations in this title shall not be used for or in connection with the preparation, issuance, publication, or enforcement of any regulation or order of the Public Service Commission requiring the installation of meters in taxicabs, or for or in connection with the licensing of any vehicle to be operated as a taxicab except for operation in accordance with such system of uniform zones and rates and regulations applicable thereto as shall have been prescribed by the Public Service Commission. SEC. 107. Appropriations in this title shall not be available for the payment of rates for electric current for street lighting in excess of 2 cents per kilowatt-hour for current consumed. SEC. 108. There are hereby appropriated from the applicable funds of the District of Columbia such sums as may be necessary for making refunds and for the payment of judgments which have been entered against the government of the District of Columbia: Provided, That nothing contained in this section shall be construed as modifying or affecting the provisions of paragraph 3, subsection (c) of section 11 of title X II of the District of Columbia Income and Franchise Tax Act of 1947, as amended. SEC. 109. Appropriations in this title shall be available for the payment of public assistance without reference to the requirement of subsection (b) of section 5 of the District of Columbia Public Assistance Act of 1962 and for the non-Federal share of funds necessary to qualify for Federal assistance under the Act of July 31, 1968 (Public Law 90-445). SEC. 110. No part of any appropriation contained in this title shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. SEC. 111. No part of any funds appropriated by this title shall be used to pay the compensation (whether by contract or otherwise) of any individual for performing services as a chauffeur or driver for any designated officer or employee of the District of Columbia government (other tlian the Mayor of the District of Columbia, Chief of Police and Fire Chief), or for performing services as a chauffeur or driver of a motor vehicle assigned for the personal or individual use

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1545

 PUBLIC LAW 94-446—OCT. 1, 1976 of any such officer or employee (other than the Mayor of the District of Columbia, Chief of Police and Fire Chief). No part of any funds appropriated by this title, in excess of $1,000 per month in the aggregate ($12,000 per annum) shall be used to pay the compensation (whether by contract or otherwise) of individuals for performing services as a chauffeur or driver for the Mayor of the District of Columbia, or for performing services as a chauffeur or driver of a motor vehicle assigned for the personal or individual use of the Mayor of the District of Columbia. SEC. 112. Not to exceed 41/2 per centum of the total of all funds appropriated by this title for personal compensation may be used to pay the cost of overtime or temporary positions. SEC. 113. The total expenditure of funds appropriated by this title for authorized travel and per diem costs outside the District of Columbia, Maryland, and Virginia shall not exceed $210,000. SEC. 114. Appropriations in this title shall not be available, during the fiscal year ending September 30, 1977, for the compensation of any person appointed— (1) as full-time employee to a permanent, authorized position in the government of the District of Columbia during any month when the number of such employees is greater than 35,145, exclusive of positions initially authorized or funded by this title; and exclusive of the 20 positions approved in the transition period for Forest Haven, Department of Human Resources; 28 positions approved in fiscal year 1976 for Tax Administration, Department of Finance and Revenue; and 303 positions approved in fiscal year 1976 for the District of Columbia General Hospital, Department of Human Resources; or (2) as a temporary or part-time employee in the government of the District of Columbia during any month in which the number of such employees exceeds the number of such employees for the same month of the preceding fiscal year. SEC. 115. No funds appropriated in this title, for the government of the District of Columbia for the operation of educational institutions, the compensation of personnel, or for other educational purposes may be used to permit, encourage, facilitate, or further partisan political activities. Nothing herein is intended to prohibit the availability of school buildings for the use of any community group during nonschool hours. SEC. 116. Appropriations in this title shall be available for services as authorized by 5 U.S.C. 3109, at rates to be fixed by the Mavor. SEC. 117. No part of any funds appropriated to the District of Columbia government for fiscal year 1977 shall be available for, or may be used to pay the compensation (whether by contract or otherwise) of any person for performing services normally performed by a public affairs officer, public relations officer, or community services officer, unless approved by a resolution adopted by the Council of the District of Columbia. This Act may be cited as the "District of Columbia Appropriation Act, 1977".

90 STAT. 1495

Overtime or temporary positions, cost limitation. Travel expenditure, limitation. D.C. Code 1-216 note.

Partisan political activities.

Short title.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1546

 90 STAT. 1496

PUBLIC LAW 94-446—OCT. 1, 1976 TITLE II—DEPARTMENT OF TRANSPORTATION

Ante, p. 1171.

Funds provided for the Coast Guard's Pollution Fund in Public Law 94r-387, shall become available immediately upon enactment of this legislation into law. Approved October 1, 1976.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-1415 (Comm. on Appropriations) and 94-1500 (Coram, of Conference). SENATE REPORT No. 94-1167 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 122 (1976): Aug. 24, considered and passed House. Aug. 30, considered and passed Senate, amended. Sept. 17, House agreed to conference report, receded and concurred in certain Senate amendments with amendments. Sept. 2 1, Senate agreed to conference report; concurred in House amendments.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1547

 90 STAT. 1497

PUBLIC LAW 9 4 - 4 4 7 — O C T. 1, 1976

Public Law 94-447 94th Congress

An Act

Making appropriations for public works employment for the period ending September 30, 1977, and for other purposes. Be it enacted, by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for public works employment for the period ending September 30, 1977, and for other purposes, namely:

Oct. 1, 1976 [H.R. 151941 Public Works Employment Appropriations Act.

TITLE I CHAPTER I DEPARTMENT OF COMMERCE Ecx)N0Mic DEVELOPMENT

ADMINISTRATION

LOCAL PUBLIC WORKS PROGRAM

For expenses necessary to carry out title I of the Public W o r k s Employment Act of 1976 (Public Law 94-369), $2,000,000,000: Ante, p. 999. Provided, That not to exceed $10,000,000 may be used for necessary 42 USC 6701 administrative expenses, including expenses for program evaluation note. by the Secretary of Commerce. CHAPTER

II

DEPARTMENT OF THE TREASURY OFFICE or

THE SECRETARY

OFFICE OF R E V E N U E

I

SHARING

ANTIRECESSION FINANCIAL ASSISTANCE FUND

For payments to State and local governments pursuant to title II of the Public W o r k s Employment Act of 1976, $312,500,000 for the period July 1, 1976, through September 30, 1976, and $937,500,000 for the fiscal year 1977, in all, $1,250,000,000, to remain available until September 30, 1978. SALARIES AND EXPENSES

For an additional amount for necessary expenses in the Office of Revenue Sharing, $1,633,000, to remain available until September 30, 1977.

Ante, p. 1002. 42 USC 6721.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1548

 9 0 STAT. 1 4 9 8

PUBLIC LAW 9 4 - 4 4 7 — O C T. 1, 1976 INDP:PENDENT

AGENCIES

ENVIRONMENTAL PROTECTION A G E N C Y

•*

CONSTRUCTION GRANTS

33 USC 1281. Ante, p. 1011. 33 USC 1287 note.

For necessary expenses for the fiscal year 1977 to carry out title II of the Federal Water Pollution Control Act, other than sections 206, 208, and 209, as authorized by title III of the Public Works Employment Act of 1976, $480,000,000, to remain available until expended. ^ ABATEMENT AND CONTROL

For an additional amount for fiscal year 1977 for abatement and control activities, $800,000, to remain available until September 30, 1978. TITLE II

Ante, p. 1002. 42 USC 6721. 42 USC 6722. 42 USC 6723.

42 USC 6724. 42 USC 6730. Fiscal year limitation. Short title.

GENERAL PROVISIONS SEC 201. Title II of the Public Works Employment Act of 1976 (Public Law 94-369), authorizing foregoing appropriations, is amended as follows: (1) Section 202(d)(1) is amended by striking out "and" at the end thereof and inserting in lieu thereof "or". (2) Section 203(c)(3)(C) (ii) is amended by striking out "thirty days" and inserting in lieu thereof "90 days". (3) Section 203(c)(4)(E) (ii) is amended by striking out "of Alaskan Native village" and inserting in lieu thereof "or Alaskan Native village". (4) Section 204 is amended by striking out "grants" and inserting in lieu thereof "payments". (5) Section 210(c)(1) is amended by striking out "and" at the end thereof and inserting in lieu thereof "or". SEC. 202. No part of any appropriation contained in this Act shall remain available for obligation beyond September 30, 1977, unless expressly so provided herein. This Act may be cited as the "Public Works Employment Appropriations Act". Approved October I, 1976.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-1425 (Comm. on Appropriations) and No. 94-1537 (Comm. of eonference). SENATE REPORT No. 94-1185 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 122 (1976): Aug. 25, considered and passed House. Sept. 10, considered and passed Senate, amended. Sept. 17, House agreed to conference report. Sept. 22, Senate agreed to conference report. WEEKLY eOMPILATION OF PRESIDENTIAL DOeUMENTS, Vol. 12, No. 4 1: Oct. 2, Presidential statement.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1549

 PUBLIC LAW 94-44«—OCT. 1, 1976

90 STAT. 1499

Public Law 94-448 94th Congress An Act To make the provisions of section 1331(e) of title 10, United States Code, retroactive to November 1, 1953.

Oct. 1, 1976 [S. 2090]

Be it enacted by the Seriate and House of Representatives of the United States of America in Congress assembled, That for the pur- Armed Forces, poses of survivor annuities under subchapter I of chapter 73 of title 10, ^^^i^^pPi*/;, United States Code, and under prior corresponding provisions of law, i"^^*^ l^^l the provisions of section 1331(e) of such title 10, relating to the date of JQ yg^- j ^ ^ ^ ^ entitlement to retired pay under chapter 67 of such title 10, shall be ^Q USC 1331. effective as of November 1, 1953. SEC. 2. No benefits shall be paid to any person for any period prior 10 USC 1331 to the date of enactment of this Act as a result of the enactment of note, this Act. Approved October 1, 1976.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-1436, Pt. I (Comm. on Armed Services) and No. 94-1436, Pt. II (Comm. on Appropriations). SENATE REPORT No. 94-560 (Comm. on Armed Services). CONGRESSIONAL RECORD: Vol. 121 (1975): Dec. 17, considered and passed Senate. Vol. 122 (1976): Sept. 20, considered and passed House.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1550

 90 STAT. 1500

PUBLIC LAW 94-449—OCT. 1, 1976

Public Law 94-449 94th Congress An Act Oct. 1, 1976 [S. 3052]

Department of Agriculture. Training for families of officers and employees. 7 USC 1762.

7 USC 1701. Appropriation authorization.

Report to congressional committees.

To authorize orientation and language training for families of certain officers and employees of the Department of Agriculture.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 602 of the Agricultural Act of 1954, as amended, is amended by adding at the end thereof a new subsection as follows: "(f) Effective October 1, 1976, the Secretary of Agriculture is authorized to provide appropriate orientation and language training to families of officers and employees of the Department of Agriculture in anticipation of an assignment abroad of such officers and employees or while abroad pursuant to this Act or other authority: Provided, That the facilities of the Foreign Service Institute or other Government facilities shall be used wherever practicable, and the Secretary may utilize foreign currencies generated under title I of the Agricultural Trade Development and Assistance Act of 1954, as amended, to carry out the purposes of this subsection in the foreign nations to which such officers, employees, and families are assigned. There are hereby authorized to be appropriated such sums, not to exceed $50,000 annually, as may be necessary to carry out the purposes of this subsection: Provided, That for the fiscal year ending September 30, 1977, any appropriations available to the Secretary of Agriculture (not to exceed $50,000) may be used to carry out the purposes of this subsection. The Secretary of Agriculture shall submit to the House Committee on Agriculture and the Senate Committee on Agriculture and Forestry not later than ninety days after the end of each fiscal year a detailed report showing activities carried out under the authority of this subsection during such fiscal year.". Approved October 1, 1976.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-1158 and No. 94-1158, Pt. II both accompanying H.R. 11868 (Comm. on Agriculture) and No. 94-1424 (Comm. of eonference). SENATE REPORT No. 94-691 (Comm. on Agriculture and Forestry). CONGRESSIONAL RECORD, Vol. 122 (1976): Mar. 16, considered and passed Senate. June 7, considered and passed House, amended, in lieu of H.R. 11868. Sept. 14, House agreed to conference report. Sept. 22, Senate agreed to conference report. <.^ - ,. •.- ...

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1551

 PUBLIC LAW 94-450~OCT. 1, 1976

90 STAT. 1501

Public Law 94-450 94th Congress An Act To increase the protection of consumers by reducing permissible deviations in the manufacture of articles made in whole or in part of gold.

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 "Gold Labeling Act of 1976". SEC. 2. Section 2 of the Act of June 13, 1906 (34 Stat. 260; 16 U.S.C. 295), is amended— (1) by striking out "one-half of one carat" and inserting in lieu thereof "three one-thousandth parts"; (2) by striking out "; except" and all that follows through "incased or inclosed" immediately before the first proviso; (3) by striking out "in the case of any article mentioned in this section" in the second proviso; (4) by striking out "in such article" in the second proviso and inserting in lieu thereof "in an article mentioned in this section"; and (5) by striking out "than one carat" in the second proviso and inserting in lieu thereof "than three one-thousandth parts, in the case of a watchcase or flatware, or than seven one-thousandth parts, in the case of any other such article,". SEC. 3. The amendments made by section 2 of this Act shall take effect five years after the date of enactment of this Act and shall not apply with respect to any article of merchandise which is sold by any manufacturer or importer before the effective date of such amendments. Approved October 1, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1617 (Gomm. on Interstate and Foreign eommerce). SENATE REPORT No. 94-812 (Coram, on eommerce). CONGRESSIONAL RECORD, Vol. 122 (1976): May 13, considered and passed Senate. Sept. 20, considered and passed House, amended. Sept. 21, Senate concurred in House amendment.

Oct. 1, 1976 [S. 30951 Gold Labeling Act of 1976. 15 USC 294 note. Gold articles, standard of fineness, deviation.

15 USC 295 note.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1552

 PUBLIC LAW 94-451—OCT. 2, 1976

9 0 STAT. 1502

Public Law 94-451 94th Congress An Act Oct. 2, 1976 [H.R. 11321]

Elbow prostheses. Duty suspension.

To suspend until July 1, 1978, the duty on certain elbow prostheses if imported for charitable therapeutic use, or for free distribution, by certain public or private nonprofit institutions. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subpart B of part 1 of the Appendix to the Tariff Schedules of the United States (19 U.S.C. 1202) IS amended by inserting after item 912.05 the following new item: 912.07

19 USC 1202 note.

Externally-powered electric elbow prosthetic devices for juvenile amputees (provided for in item 709. 57, part 2B, schedule 7), and parts thereof, if imported solely for charitable therapeutic use, or distribution free of charge, by any public or private nonprofit institution established for educational, scientific, or therapeutic purposes Free

No change On or before 6/30/78.

SEC. 2. The amendment made by the first section of this Act shall apply with respect to articles entered, or withdrawn from warehouse, for consumption on or after the date of the enactment of this Act. Approved October 2, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1065 (Comm. on Ways and Means). SENATE REPORT No. 94-1174 (Comm. on Finance). CONGRESSIONAL RECORD, Vol. 122 (1976): May 17, considered and passed House. Sept. 23, considered and passed Senate. ^^v. <

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1553

 90 STAT. 1503

PUBLIC LAW 94-452—OCT. 2, 1976

Public Law 94-452 94th Congress An Act To amend the Internal Revenue Code of 1954 with resi^ect to the tax treatment of certain divestitures of a.ssets by bank holding companies.

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

Oct. 2, 1976 [H.R. 11997]

of the

Bank Holding Company Tax Act SECTION 1. SHORT TITLE. of 1976. This Act may be cited as the " B a n k H o l d i n g Company T a x Act of 26 USC 1101 1976". note. SEC. 2. DISTRIBUTIONS PURSUANT TO BANK HOLDING COMPANY ACT AMENDMENTS OF 1970. (a) T A X - F R E E D I S T R I B U T I O X S. — Part VIII of subchapter O of chap-

ter 1 of the Internal Revenue Code of 1954 (relating to distributions l)uisuant to Bank Holding Company Act of 1956) is amended to read 12 USC 1841 note. as follows: "PART VIII — D I S T R I B U T I O N S P U R S U A N T TO B A N K HOLDING COMPANY ACT "Sec. 1101. Distributions pursuant to Bank Holding Company Act. "Sec. 1102. Special rules. "Sec. 1108. Definitions. "SEC. 1101. DISTRIBUTIONS PURSUANT TO BANK HOLDING COMPANY ACT. " (a) DISTRIBUTIONS OF CERTAIN N O N - B A N K I N G PROPERTY.— " (1) DISTRIBUTIONS OF PROHIBITED I'ROPERTY.—If—

" (A) a qualified bank holding corporation distributes prohibited property (other than stock received in an exchange to which subsection (c)(2) applies) — " (i) to a shareholder (with respect to its stock held by such shareholder), without the surrender by such shareholder of stock in such corporation, or " ( i i) to a shareholder, in exchange for its preferred stock, or " ( i i i) to a security holder, in exchange for its securities, and " (B) the Board has, before the distribution, certified that the distribution of such prohibited property is necessary or appropriate to effectuate section 4 of the Bank H o l d i n g Company Act, then no gain to the shareholder or security holder from the receipt of such property shall be recognized. " (2) DISTRIBUTIONS o r STOCK AND SECURITIES RECEIVED I N AN EXCIIAXOE TO W H I C H SUBSECTION (C)(2) APPLIES.—If—

" (A) a qualified bank holding corporation distributes— " (i) common stock received in an exchange to which subsection (c)(2) applies to a shareholder (with respect to its stock held by such shareholder), without the surrender by such shareholder of stock in such corporation, or

89-194 O—78—Dt. 1

9fl

26 USC 1101.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1554

 90 STAT. 1504

PUBLIC LAW 94-452—OCT. 2, 1976 "(ii) common stock received in an exchange to which subsection (c)(2) applies to a shareholder, in exchange for its common stock, or "(iii) preferred stock or common stock received in an exchange to which subsection (c)(2) applies to a shareholder, in exchange for its preferred stock, or "(iv) securities or preferred or common stock received in an exchange to which subsection (c)(2) applies to a security holder in exchange for its securities, and "(B) any preferred stock received has substantially the same terms as the preferred stock exchanged, and any securities received have substantially the same terms as the securities exchanged, then, except as provided in subsection (f), no gain to the shareholder or security holder from the receipt of such stock or such securities or such stock and securities shall be recognized. "(3)

'trj

' >

'

•

P R O KATA AND OTHER REQUIREMENTS.

" ( ^) IN GENERAL.—Paragraphs (1) and (2) of this subsection, or paragraphs (1) and (2) of subsection (b), as the case may be, shall apply to any distribution to the shareholders of a qualified bank holding corporation only if each distribution— "(i) which is made by such corporation to its shareholders after July 7, 1970, and on or before the date on which the Board makes its final certification under subsection (e), and "(ii) to which such paragraph (1) or (2) applies (determined without regard to this paragraph), meets the requirements of subparagraph (B), (C), or (D). " (B) PRO RATA REQUIREMENTS.—A distribution meets the

26 USC 1371.

12 USC 1843.

requirements of this subparagraph if the distribution is pro rata with respect to all shareholders of the distributing qualified bank holding corporation or with respect to all shareholders of common stock of such corporation. "(C) REDEMPTIONS WHEN UNIFORM OFFER IS MADE.—^A distribution meets the requirements of this subparagraph if the distribution is in exchange for stock of the distributing qualified bank holding corporation and such distribution is pursuant to a good faith offer made on a uniform basis to all shareholders of the distributing qualified bank holding corporation or to all shareholders of common stock of such corporation. "(D) NON-PRO RATA DISTRIBUTIONS FROM CERTAIN CLOSELYHELD CORPORATIONS.—A distribution meets the requirements of this subparagraph if such distribution is made by a qualified bank holding corporation which does not have more than 10 shareholders (within the meaning of section 1371(a)(1)) and does not have as a shareholder a person (other than an estate) which is not an individual, and if the Board (after consultation with the Secretary or his delegate) certifies that— "(i) a distribution which meets the requirements of subparagraph (B) or (C) is not appropriate to effectuate section 4 or the policies of the Bank Holding Company Act, and "(ii) the distribution being made is necessary or appropriate to effectuate section 4 of the policies of such Act.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1555

 v /

PUBLIC LAW 94-452—OCT. 2, 1976

90 STAT. 1505

" (4) EXCEPTION.—This subsection shall not apply to any distribution by a corporation if such corporation, a corporation having control of such corporation, or a subsidiary of such corporation has made any distribution pursuant to subsection (b) or has made an election under section 6158 w i t h respect to bank Post, p. 1512. property (as defined in section 6158(f)(3)). "(5)

DISTRIBUTIONS INVOLVING GIFT OR COMPENSATION.—In

the

case of a distribution to which paragraph (1) or (2) applies but which— " (A) results in a gift, see section 2501 and following, or 26 USC 2501. " (B) has the effect of the payment of compensation, see section 61. 26 USC 61. "(b)

CORPORATION CEASING To B E A B A N K HOLDING C O M P A N Y. — " (1) DISTRIBUTIONS OF PROPERTY W H I C H CAUSE A CORPORATION TO BE A BANK HOLDING COMPANY. I F

" (A) a qualified bank holding corporation distributes property (other than stock received in an exchange to which subsection (c)(3) applies) — " (i) to a shareholder (with respect to its stock held by such shareholder), without the surrender by such shareholder of stock in such corporation, or " ( i i) to a shareholder, in exchange for its preferred stock, or " (iii) to a security holder, in exchange for its securities, and " (B) the Board has, before the distribution, certified that— " (i) such property is all or part of the property by reason of which such corporation controls (within the meaning of section 2(a) of the Bank H o l d i n g Company Act) a bank or bank holding company, or such 12 USC 1841. property is part of the property by reason of which such corporation did control a bank or a bank holding company before any property of the same kind was distributed under this subsection or exchanged under subsection (c)(3), and " ( i i) the distribution is necessary or a p p r o p r i a t e to effectuate the policies of such Act, '?* i i i then no gain to the shareholder or security holder from the receipt of such property shall be recognized. "(2) DISTRIBUTIONS or STOCK AND SECURITIES RECEIVED I N AN EXCHANGE TO W H I C H SUBSECTION (c)(s) APPLIES. I f

" (A) a qualified bank holding corporation distributes— " (i) common stock received in an exchange to which subsection (c)(3) applies to a shareholder (with respect to its stock held by such shareholder), without the surrender by such shareholder of stock in such corporation, or " ( i i) common stock received in an exchange to which subsection (c)(3) applies to a shareholder in exchange for its common stock, or " ( i i i) preferred stock or common stock received in an exchange to which subsection (c)(3) applies to a shareholder, in exchange for its preferred stock, or " (iv) securities or preferred or common stock received in an exchange to which subsection (c)(3) applies to a security holder, in exchange for its securities, and

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1556

 90 STAT. 1506

> •

PUBLIC LAW 94-452—OCT. 2, 1976 " (B) any preferred stock received has substantially the same terms as the preferred stock exchanged, and any securities received have substantially the same terms as the securities exchanged, then, except as provided in subsection (f), no gain to the shareholder or security holder from the receipt of such stock or such securities or such stock and securities shall be recognized. "(3)

Post, p. 1512.

other requirements, see subsection (a)(3). " (4) EXCEPTION.—This subsection shall not apply to any distribution by a corporation if such corporation, a corporation having control of such corporation, or a subsidiary of such corporation has made any distribution pursuant to subsection (a) or has made a n election under section 6158 with respect to prohibited property. "(5)

26 USC 2501. 26 USC 61.

P R O RATA AND OTHER REQUIREMENTS.—For p r o r a t a and

DISTRIBUTIONS INVOLVING GIFT

OR COMPENSATION.—In

the case of a distribution to which paragraph (1) o r (2) applies but which— " (A) results in a gift, see section 2501 and following, or section 61. " (c) PROPERTY ACQUIRED A F T E R J U L Y 7, 1970.-—
 * '(B) has the effect of the payment of compensation, see

26 USC 305, 332, 354, 356. 26 USC 368.

26 USC 332.

" (1) IN GENERAL.—Except as provided in paragraph s (2) and (3), subsection (a) or (b) shall not apply to— " (A) any property acquired by the distributing corporation after July 7, 1970, unless (i) gain to such corporation with respect to the receipt of such property was not recognized by reason of subsection (a) or (b), or (ii) such property was received by it in exchange for all of its stock in an exchange to which paragraph (2) or (3) applies, or (iii) such property was acquired by the distributing corporation in a transaction in which gain was not recognized under section 305(a) or section 332, or under section 354 or 356 (but only with respect to property permitted by section 354 or 356 to be received without the recognition of gain or loss) with respect to a reorganization described in section 3 6 8 (a)(1) (A), (B), (E), o r (F), o r " (B) any property which was acquired by the distributing corporation in a distribution with respect to stock acquired by such corporation after July 7, 1970, unless such stock was acquired by such corporation (i) in a distribution (with respect to stock held by it on July 7, 1970, o r with respect to stock in respect of which all previous applications of this clause are satisfied) with respect to which gain to it was not recognized by reason of subsection (a) or (b), or (ii) in exchange for all of its stock in an exchange to which paragraph (2) or (3) applies, or (iii) in a transaction in which gain was not recognized under section 305(a) or section 332, or under section 354 or 356 (but only with respect to property permitted by section 354 or 356 to be received without the recognition of gain or loss) with respect to a reorganization described in section 368(a)(1)(A), (B), (E), or (F), or " (C) any property acquired by the distributing corporation in a transaction in which gain was not recognized under section 332, unless such property was acquired from a corporation which, if it had been a qualified bank holding corporation, could have distributed such property under subsection (a)(1) o r (b)(1), or

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1557

 PUBLIC LAW 94-452—OCT. 2, 1976

90 STAT. 1507

" (D) any property acquired by the distributing corporation in a transaction in which gain was not recognized under section 354 or 356 with respect to a reorganization described in 26 USC 354, section 3 6 8 (a)(1)(A) or (B), unless such property was 356. acquired by the distributing corporation in exchange for prop- 26 USC 368. erty which the distributing corporation could have distributed under subsection (a)(1) or (b)(1). "(2)

EXCHANGES INVOLVING PROHIBITED PROPERTY.—If—

" (A) any qualified bank holding corporation exchanges (i) property, which, under subsection (a)(1), such corporation could distribute directly to its shareholders or security holders without the recognition of gain to such shareholders or security holders, and other property (except property described in subsection (b)(1)(B)(i)), for (ii) all of the stock of a second corporation created and availed of solely for the purpose of receiving such property, " (B) immediately after the exchange, the qualified bank holding corporation distributes all of such stock in a manner prescribed in subsection (a)(2)(A), and " (C) before such distribution, the I3oard has certified (with respect to the property exchanged which consists of property which, under subsection (a)(1), such corporation could distribute directly to its shareholders or security holders without the recognition of gain) that the exchange and distribution are necessary or appropriate to effectuate section 4 of the B a n k H o l d i n g Company Act, 12 USC 1843. then paragraph (1) shall not apply with respect to such distribution. " (3)

EXCHANGES INVOLVING INTERESTS I N B A N K S. — I f —

" (A) any qualified bank holding corporation exchanges (i) property which, under subsection (b)(1), such corporation could distribute directly to its shareholders or security holders without the recognition of gain to such shareholders or security holders, and other property (except prohibited property), for (ii) all of the stock of a second corporation created and availed of solely for the purpose of receiving such property. " (B) immediately after the exchange, the qualified bank holding corporation distributes all of such stock in a manner prescribed in subsection (b)(2)(A), and " (C) before such distribution, the Board has certified (with respect to the property exchanged which consists of property which, under subsection (b)(1), such corporation could distribute directly to its shareholders or security holders w i t h o u t the r e c o g n i t i o n o f gain) that— " (i) such property is all or part of the property by reason of which such corporation controls (within the meaning of section 2(a) of the Bank H o l d i n g Company Act) a bank or bank holding company, or such property 12 USC 1841. is part of the property by reason of which such corporation did control a bank or a bank holding company before any property of the same kind was distributed under subsection (b)(1) or exchanged under this paragraph, and " ( i i) the exchange and distribution are necessary or a p p r o p r i a t e to effectuate the policies of such Act, then paragraph (1) shall not apply with respect to such distribution.

•

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1558

 90 STAT. 1508

PUBLIC LAW 94-452—OCT. 2, 1976 "(d)

DISTRIBUTIONS TO AVOID FEDERAL INCOME TAX.—

" (1) PROHIBITED PROPERTY.—Subsection (a) shall not apply to a distribution if, in connection with such distribution, the dist r i b u t i n g corporation retains, or transfers after July 7, 1970, to any corporation, property (other than prohibited property) as part of a plan one of the principal purposes of which is the distribution of the earnings and profits of any corporation. " (2) B A N K I N G PROPERTY,—Subsection (b) shall not apply to a distribution if, in connection with such distribution, the dist r i b u t i n g corporation retains, or transfers after July 7, 1970 to any corporation, property (other than property described in subsection (b)(1)(B)(i)) as part of a plan one of the principal purposes of which is the distribution of the earnings and profits of any corporation. " (e) F I N A L CERTIFICATION.—

12 USC 1841 °°*®12 USC 1843.

" (1) FOR SUBSECTION (a).—Subsection (a) shall not apply with respect to any distribution by a corporation unless the B o a r d certifies, before the close of the calendar year following the calendar year in which the last distribution occurred, that the corporation has (before the expiration of the period prohibited property is permitted under the Bank H o l d i n g Company Act to be held by a bank holding company) disposed of all of the property the disposition of which is necessary or appropriate to effectuate section 4 of the Bank H o l d i n g Company Act. " (2) FOR SUBSECTION (b).—Subsection (b) shall not apply with respect to any distribution by a corporation unless the B o a r d certifies, before the close of the calendar year following the calend a r year in which the last distribution occurred, that the corporation has (before the expiration of the period prohibited property is permitted under the B a n k H o l d i n g Company Act to be held by a bank holding company) ceased to be a bank holding company. " (f) CERTAIN EXCHANGES OF S E C U R I T I E S. — I n the case of an exchange

described in subsection (a)(2)(A) ( i v) or subsection (b)(2)(A) ( i v), subsection (a) or subsection (b) (as the case may be) shall apply only to the extent that the principal amount of the securities received does not exceed the principal amount of the securities exchanged. 26 USC 1102. Regulations.

26 USC 6501.

"SEC. 1102. SPECIAL RULES. " (a) B A S I S OF PROPERTY ACQUIRED I N DISTRIBUTIONS.—If, by reason

of section 1101, gain is not recognized with respect to the receipt of any property, then, under regulations prescribed by the Secretary or his delegate— " (1) if the property is received by a shareholder with respect to stock without the surrender by such shareholder of stock, the basis of the property received and of the stock with respect to which it is distributed shall, in the distributee's hands, be determined by allocating between such property and such stock the adjusted basis of such stock, or " (2) if the property is received by a shareholder in exchange for stock or by a security holder in exchange for securities, the basis of the property received shall, in the distributee's hands, be the same as the adjusted basis of the stock or securities exchanged, increased by the amount of gain to the taxpayer recognized on the property received. " (b) PERIODS OF LIMITATION.—The periods of limitation provided in section 6501 (relating to limitations on assessment and collection) shall not expire, with respect to any deficiency (including interest and additions to the tax) resulting solely from the receipt of property by

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1559

 PUBLIC LAW 94-452—OCT. 2, 1976

90 STAT. 1509

shareholders in a distribution which is certified by the Board under subsection (a), (b), or (c) of section 1101, until 5 years after the dist r i b u t i n g corporation notifies the Secretary or his delegate ( i n such manner and with such accompanying information as the Secretary or his delegate may by regulations prescribe) — " (1) that the final certification required by subsection (e) of section 1101 has been made, or '' (2) that such final certification will not be m a d e; and such assessment may be made notwithstanding any provision of law or rule of law which would otherwise prevent such assessment. " (c) ALLOCATION OF EARNINGS AND P R OF I T S, — " (1) DISTRIBUTION OF STOCK I N A CONTROLLED CORPORATION.—In

Regulations,

the case of a distribution by a qualified bank holding corporation under section 1101(a)(1) or (b)(1) of stock in a controlled corporation, proper allocation with respect to the earning and profits of the distributing corporation and the controlled corporation shall be made under regulations prescribed by the Secretary or his delegate. " (2) EXCHANGES DESCRIBED IN SECTION 1101(C)(2) OR (3).—In Regulations, the case of any exchange described in section 1101(c)(2) or (3), proper allocation with respect to the earnings and profits of the corporation transferring the property and the corporation receiving such property shall be made under regulations prescribed by the Secretary or his delegate. "(3)

DEFINITION OF CONTROLLED CORPORATION.—For purposes

of paragraph (1), the term 'controlled corporation' means a corporation with respect to which at least 80 percent of the total combined voting power of all classes of stock entitled to vote and at least 80 percent of the total number of shares of all other classes of stock is owned by the distributing qualified bank holding corporation. " (d) ITEMIZATION OF PROPERTY.—In any certification under this part, the Board shall make such specification and itemization of property as may be necessary to carry out the provisions of this part. 26 USC 1103. "SEC. 1103. DEFINITIONS. " (a) B A N K HOLDING C O M P A N Y; B A N K HOLDING COMPANY ACT.— 12 USC 1841 note. For purposes of this part — " (1) B A N K HOLDING COMPANY.—The term 'bank h o l d i n g com

p any ' means—• " (A) a bank holding company within the meaning of sec 12 USC 1841. tion 2(a) of the Bank H o l d i n g Company Act, or " (B) a bank holding company subsidiary within the meaning of section 2(d) of such Act. " (2) B A N K HOLDING COMPANY ACT.—The term ' B a n k H o l d i n g

Company Act' means the B a n k H o l d i n g Company Act of 1956, as amended through December 31, 1970 (12 U.S.C. 1841 et seq.).

j

" (b) QUALIFIED B A N K HOLDING CORPORATION.—

" (1) IN GENERAL.—Except as provided in paragraph (2), for purposes of this part the term 'qualified bank holding corporation' means any corporation (as defined in section 7 7 0 1 (a)(3)) 26 USC 7701 which is a bank holding company and which holds prohibited property acquired by it—• " (A) on or before July 7, 1970, " (B) in a distribution in which gain to such corporation with respect to the receipt of such property was not recognized by reason of subsection (a) or (b) of section 1101, or

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1560

 9 0 STAT. 1510

PUBLIC LAW 9 4 - 4 5 2 — O C T. 2, 1976 " (C) in exchange for all of its stock in an exchange described in section 1101(c)(2) or (c)(3). "(2) LIMITATIONS.—

12 USC 1841 °°*®-

^.^,

 * J

" (A) A bank holding company shall not be a qualified bank holding corporation, unless it would have been a bank holdi n g company on July 7, 1970, if the B a n k H o l d i n g Company Act Amendments of 1970 h a d been in effect on such date, or unless it is a bank holding company determined solely by reference to— " (i) property acquired by it on or before July 7, 1970, " (ii) property acquired by it in a distribution in which gain to such corporation with respect to the receipt of such property was not recognized by reason of subsection (a) or (b) of section 1101, or " ( i i i) property acquired by it in exchange for all of its stock in an exchange described in section 1101(c)(2) or (3). For purposes of this subparagraph, property held by a corporation having control of the corporation or by a subsidiary of the corporation shall be treated as held by the corporation. " (B) A bank holding company si.all not be a qualified bank holding corporation by reason of property described in subparagraph (B) of paragraph (1) or clause (ii) of subparagraph (A) of this paragraph, unless such property was acquired in a distribution with respect to stock, which stock was acquired by such bank holding company— " (i) on or before July 7, 1970, " ( i i) i n a distribution (with respect to stock held by it on July 7, 1970, or with respect to stock in respect of which all previous applications of this clause are satisfied) with respect to which gain to i t was not recognized by reason of subsection (a) or (b) of section 1101, or " ( i i i) in exchange for all of its stock in a n exchange described in section 1101(c)(2) or (3). " (C) A corporation shall be treated as a qualified bank holding corporation only if the Board certifies that it satisfies the foregoing requirements of this subsection. "(3)

26 USC 368.

12 USC 1843.

CERTAIN SUCCESSOR CORPORATIONS.—For purposes of t h i s

subsection, a successor corporation in a reorganization described in section 368(a)(1)(F) shall succeed to the status of its predecessor corporation as a qualified bank holding corporation. " (c) PROHIBITED PROPERTY.—For purposes of this part, the term 'prohibited property ' means, i n the case of any bank holding company, property (other than nonexempt property) the disposition of which would be necessary o r a p p r o p r i a t e to effectuate section 4 of the B a n k H o l d i n g Company Act if such company continued to be a bank holding company beyond the period (including any extensions thereof) specified in subsection (a) of such section. The term 'prohibited property ' also includes shares of any company not in excess of 5 percent of the outstanding voting shares of such company if the prohibitions of section 4 of such Act apply to the shares of such company in excess of such 5 percent. " (d) NONEXEMPT PROPERTY.— For purposes of this part, the term 'nonexempt property' means— " (1) obligations (including notes, drafts, bills of exchange, and bankers' acceptances) having a m a t u r i t y a t the time of issuance of not exceeding 24 months, exclusive of days of grace,

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1561

 PUBLIC LAW 94-452—OCT. 2, 1976

90 STAT. 1511

'i'

" (2) securities issued by or guaranteed as to principal or interest by a <>o\ernment or subdivision thereof or by any instrumentality of a goverjiment or subdivision, or " (3) money, and the right to receive money not evidenced by a security or obligation (other than a security or obligation described in paragraph (1) or (2)). " (e) BOARD.—For purposes of this part, the terra 'Board' means the Board of Governors of the Federal Reserve System, "'(f) CoNTKOi>: SUBSIDIARY.—For purposes of this part— " (1) CONTROL.—Except as provided in section 1 1 0 2 (c)(3), a corporation shall be treated as having control of another corporation if such corporation has control (within the meaning of section 2(a)(2) of the Bank Holding Company Act) of such 12 USC 1841. other corporation. " (2) SUBSIDIARY.—The term 'subsidiary' has the meaning given to such term by section 2(d) of the Bank H o l d i n g Company Act. " (g) FLECTIOX TO FOREGO GRANDFATHER PROVISION FOR A L L PROPERTY REPRESENTING P R E - J U N E 30, 1968, ACTIVITIES.—Any bank hold-

ing company may elect, for purposes of this part and section 6158, to Post, p. 1512. have the determination of whether property is property described in subsection (c) or is property eligible to be distributed without recognition of gain under section 1101(b)(1) made under the Baiik Holding Company Act as if such Act did not contain the proviso of section 4 (a)(2) thereof. Any election under this subsection shall appl.y to all Regulations. property described in such proviso and shall be made at such time and in such manner as the Secretary or his delegate nuiy by regulations prescribe. Any such election, once made, shall be irrevocable. A n election under this subsection or subsection (h) shall not apply unless the final certification referred to in section 1101(e) or section 6ir)8(c)(2), as the case may be, includes a certification by the Board that the bank holding company has disposed of either all banking property or all nonbanking property. " (h) ELECTION TO UIVEST A L L B A N K I N G OR XONBANKING PROPERTY IX CASE OF CERTAIN CLOSELY H E L D B A N K HOLDING C O M P A N I E S. — Any

pank holding company may elect, for purposes of this part and section 6158, to h a \ e the determination of whether property is property described in subsection (c) or is property eligible to be distributed without recognition of gain undei- section 1101(b)(1) made under the Bank Holding Company Act as if such Act did not contain clause (ii) of section 4(c) of such Act. Any election under this sul)section shall apply to all property described in subsection (c), or to all property eligible to be distributed without recognition of gain under section 1101 (b)(1), as the case may be. and shall be made at such time and in such nuinner as the Secretary or his delegate may by regulations prescribe. Any such election, once made, shall be irrevocable." (b) AMENDMENT OF SECTION 3 1 1 (d). — Paragraph

(2) of section

12 USC 1843.

26 USC 311.

311(d) of such Code (relating to exceptions and limitations to the recognition of gain where appreciated property is used to redeem stock) is amended by striking out " and " at the end of subparagraph (F). by striking out the period at the end of subparagraph (G) and inserting in lieu thereof "; and", and by adding at the end thereof the following new subparagraph: ' ' (H) a distribution of stock to a distributee which is not an organization exempt from tax under section 501(a), if with 26 USC 501. respect to such distributee, subsection (a)(1) or (b)(1) of section 1101 (relating to distributions ]>ursuant to Bank Holding Company Act) applies to such distribution."

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1562

 90 STAT. 1512

PUBLIC LAW 94-452—OCT. 2, 1976 (c) CLERICAL AMENDMENT. — The table of part s for subchapter O of chapter 1 of such Code is amended by striking out "of 1956".

26 USC 1101

note.

(d) EFFECTIVE D A T E. —

(1) FOR SUBSECTION (a). — The amendments made by subsections (a) and (c) shall take effect on October 1, 1977, with respect to distributions after July 7, 1970, in taxable years ending after July 7, 1970, but only in the case of qualified bank holding corporations (within the meaning of section 1103(b) of the I n t e r n a l Revenue Code of 1954, as amended by subsection (a) of this section). (2)

-^=

' I

26use311 note.

SPECIAL RULE FOR CERTIFYING DISTRIBUTIONS W H I C H HAVE

ALREADY TAKEN PLACE.—For purposes of sections 1101(a)(1)(B), 1 1 0 1 (a)(3)(D), 1 1 0 1 (b)(1)(B), 1 1 0 1 (c)(2)(C), 1101(c)(3) (C), and 1101(e) of the I n t e r n a l Revenue Code of 1954 (as amended by subsection (a) of this section), in the case of any distribution which takes place on or before the 90th day after the date of the enactment of this Act, a certification by the Federal Reserve Board described in any such section shall be treated as made before the distribution (or, in the case of section 1101(e), before the close of the calendar year following the calendar year in which the last distribution occurred) if application for such certification is made before the close of the 90th day after the date of the enactment of this Act. (3) PERIOD OF LIMITATIONS.—If refund or credit of any overpayment of income tax attributable to the amendment made by subsection (a) is prevented a t any time before October 1, 1978, by the operation of any law or rule of law, refund or credit of such overpayment may, nevertheless, be made or allowed if claim therefor is filed before October 1, 1978. (4) FOR SUBSECTION (b). — The amendment made by subsection (b) shall take effect on October 1, 1977, with respect to distributions after December 31, 1975. in taxable years ending after December 31, 1975. SEC. 3. INSTALLMENT PAYMENT OF TAX. (a) INSTALLMENT P A Y M E N T. — Subchapter A of chapter 62 of the

26 USC 6158.

12 USC 1843.

Regulations.

I n t e r n a l Revenue Code of 1954 (relating to place and due date for payment of tax) is amended by a d d i n g at the end thereof the following new section: "SEC. 6158. INSTALLMENT PAYMENT OF TAX ATTRIBUTABLE TO DIVESTITURES PURSUANT TO BANK HOLDING COMPANY ACT AMENDMENTS OF 1970. " (a) ELECTION OF EXTENSION.—If, after July 7, 1970, a qualified bank holding corporation sells bank property or prohibited property, the divestiture of either of which the B o a r d certifies, before such sale, is necessary or a p p r o p r i a t e to effectuate section 4 or the policies of the Bank H o l d i n g Company Act, the tax under chapter 1 attributable to such sale shall, at the election of the taxpayer, be payable in equal annual installments beginning with the due date (determined without e.:tension) for the taxpayer's return of tax under chapter 1 for the taxable year in which the sale occurred and ending with the corresponding date in 1985. If the number of installments determined under the preceding sentence is less than 10, such number shall be increased to 10 equal annual installments which begin as provided in the preceding sentence and which end on the corresponding date 10 years later. A n election under this subsection shall be made at such time and in such manner as the Secretary or his delegate may by regulations prescribe.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1563

 PUBLIC LAW 94-452—OCT. 2, 1976

90 STAT. 1513

" (b) LIMITATIONS.— " (1) TREATMENT NOT AVAILABLE TO TAXPAYER FOR BOTH BANK PROPERTY AND PROHIBITED PROPERTY. T h i s Sectioil s l i a l l IlGt a p p l y

to any sale of prohibited property if the taxpayer (or a corporation h a v i n g control of the taxpayer or a subsidiary of the taxpayer) has made an election under subsection (a) with respect to bank property or has made any distribution pursuant to section 1101 (b). T h i s section shall not apply to bank property if the taxpayer (or a corporation having control of the taxpayer or a subsidiary of the tax p a y e r) has made an election under subsection (a) with respect to prohibited property or has made any distribution pursuant to section 1101(a). 26 USC 1101. "(2)

TREATMENT NOT AVAILABLE FOR CERTAIN INSTALLMENT

SALES.—No election may be made under subsection (a) with respect to a sale if the income from such sale is being returned a t the time and in the manner provided in section 453 (relating to 26 USC 453. installment m e t h o d). " (c) ACCELERATION OF P A Y M E N T S. — I f a n election is m a d e under

subsection (a) and before the tax attributable to such sale is paid in full— " (1) any installment under this section is not paid on or before the date fixed by this section for its payment, or " (2) the Board fails to make a certification similar to the applicable certification provided in section 1101(e) within the time prescribed therein (for this purpose treating the last such sale as constituting the last distribution), then the extension of time for payment of tax provided in this section shall cease to apply, and any portion of the tax payable in installments shall be paid on notice and demand from the Secretary or his delegate. " (d) PRORATION OF D E F I C I E N C Y TO INSTALLMENTS.—If an election

is made under subsection (a) and a deficiency attributable to the sale has been assessed, the deficiency shall be prorated to such installments. The part of the deficiency so prorated to any installment the date for payment of which has not arrived shall be collected at the same time as, and as part of, such installment. The part of the deficiency so prorated to any installment the date for payment of which has arrived shall be paid on notice and demand from the Secretary or his delegate. This subsection shall not apply if the deficiency is due to negligence, to intentional disregard of rules and regulations, or to fraud with intent to evade tax. " (e) BOND M A Y B E REQUIRED.—If a n election is made under this section, section 6165 shall apply as though the Secretary were extending 26 USC 6165, the time for payment of the tax. " (f) DEFINITIONS. — For purposes of this section— " (1) T E R M S HAVE MEANINGS GIVEN TO TTI7.M BY SECTION i i o s. —

The terms 'qualified bank holding corporation', ' B a n k H o l d i n g Company Act', ' B o a r d '; 'control', and 'subsidiary' have the respective meanings given to such terms by section 1103. ''(2)

PROHIBITED PROPERTY.—The term ' p r o h i b i t e d

property'

means property held by a qualified bank holding corporation which could be distributed without recognition of gain under section 1 1 0 1 (a)(1). " (3) B A N K PROPERTY.—The term 'bank property' means property held by a qualified bank holding corporation which could be distributed without recognition of gain under section 1101(b)(1). " (g) CROSS REFERENCES.—

"(1) Security.—For authority of the Secretary or his delegate to require security in the case of an extension under this section, see section 6165.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1564

 90 STAT. 1514

PUBLIC LAW 94-452—OCT. 2, 1976 "(2) Period of limitation.—For extension of the period of limitation in the case of an extension under this section, see section 6503(i)." (b) E X T E N S I O N OF T I M E FOR COLLECTION OF TAX.—Section 6503 of

26 USC 6503.

such Code (relating to suspension of r u n n i n g of period of limitation) is amended by redesignating subsection (i) as subsection (j) and by inserting after subsection (li) the following new subsection: " (i) EXTENSION OF T I M E FOR COLLECTING T A X ATTRIBUTABLE TO DIVESTITURES P U R S U A N T TO B A N K HOLDING COMPANY ACT A M E N D -

12 USC 1841 note.

MENTS OF 1970.—The r u n n i n g of the period of limitations for collection of the tax attributable to a sale with respect to which the taxpayer makes an election under section 6158(a) shall be suspended for the period during which there are any unpaid installments of such tax. " (c) T E C H N I C A L AMENDMENTS. —

26 USC 6151 26 USC 6601.

26 USC 1101

note.

26 USC 368. 12 USC 1841. 12 USC 351.

26 USC 6158 note.

(1) The table of sections for subchapter A of chapter 62 of such Code is amended by a d d i n g a t the end thereof the following new" item: "Sec. 6158. Installment payment of tax attributable to divestitures pursuant to Bank Holding Company Act Amendments of 1970." (2) Subsection (a) of section 6151 of such Code (relating to time and place for p a y i n g tax shown on returns) is amended by striking out "section," and inserting in lieu thereof "subchapter,". (3) Paragraph (2) of section 6601(b) of such Code (relating to interest) is amended— (A) by striking out " o r 6 1 5 6 (a) " and inserting i n lieu thereof ", 6156(a), or 6 1 5 8 (a) ", (B) by striking out " o r 6 1 5 6 (b) " and inserting in lieu thereof ", 6156(b), or 6158 (a) "; and (C) by inserting at the end thereof the following new sentence: " For purposes of subparagraph (A), section 6158(a) shall be treated as providing that the date prescribed for payment of each installment shall not be later than the date prescribed for payment of the 1985 installment." (d) APPLICABILITY TO CERTAIN SUCCESSOR CORPORATIONS.—If, after

July 7, 1970, and before August 1, 1974— (1) a corporation acquires substantially all of the properties of a qualified bank holding corporation (as defined in section 1103(b) of the I n t e r n a l Revenue Code of 1954) in a transaction described in sections 368(a)(1)(A) and 368 (a)(2)(D), and (2) the acquiring corporation (or a corporation in control of the acquiring corporation) acquires beneficial interests in shares described in section 2(g)(2) of the B a n k H o l d i n g Company Act (as defined in section 1103(a)(2) of the I n t e r n a l Revenue Code of 1954) in a transaction to which section 351 applies, then, the acquiring corporation (or a corporation which is in control (within the meaning of section 2(a)(2) of such Act) of the acquiring corporation or a subsidiary (within the meaning of section 2 (d) of such Act) of the corporation so in control) shall be treated as a qualified bank holding corporation for purposes of section 1103 (b) and 6158 of the I n t e r n a l Revenue Code of 1954 and the shares described in such section 2(g)(2) shall be considered property which is acquired by such corporation, for purposes of section 1101(c)(1) (A) (iii) of the Internal Revenue Code of 1954, after July 7, 1970. (e) EFFECTIVE D A T E S. —

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1565

 PUBLIC LAW 9 4 - 4 5 2 - ~ 0 C T. 2, 1976

90 STAT. 1515

(1) IN GENERAL.—The amendments made by this section shall take effect on October 1, 1977, with respect to sales after July 7, 1970, in taxable years ending after July 7, 1970, b u t only in the case of qualified bank holding corporations (within the meaning of section 1103(b) of the I n t e r n a l Revenue Code of 1954, as amended by section 2(a) of this Act). (2) SPECIAL RULE FOR CERTIFYING SALES W H I C H HAVE ALREADY

TAKEN PLACE.—For purposes of section 6158(a) of the I n t e r n a l Revenue Code of 1954 (as added by subsection (a) of this sec- Ante, p. 1512. tion) in the case of any sale which takes place on or before the 90th d a y after the date of the enactment of this Act, a certification by the Federal Reserve Board described in section 6158(a) shall be treated as made before the sale if application for such certification is made before the close of the 90th d a y after the date of the enactment of this Act. (3) R E F U N D OF TAX.—

(A) IN GENERAL.—If any tax attributable to a sale which occurred before October 1, 1977, is payable in annual installments by reason of an election under section 6158(a) of the I n t e r n a l Revenue Code of 1954, any portion of such tax for which the due date of the installment does not occur before October 1, 1977, shall, on application of the taxpayer, be treated as an overpayment of tax. (B^ INTEREST ON OVERPAYMENTS.—For purposes of section

6611 (b), in the case of any overpayment attributable to subparagraph (A), the date of the overpayment shall be the day which is 6 months after the latest of the following: (i) the date on which application for refund or credit of such overpayment is filed, (ii) the due date prescribed by law (determined without extensions) for filing the return of tax under chapter 1 of the I n t e r n a l Revenue Code of 1954 for the taxable year the tax of which is being refunded or credited, or (iii) the date of the enactment of this Act. (C) EXTENSION OF PERIOD OF LIMITATIONS.—If any refund

or credit of tax attributable to the application of subparagraph (A) is prevented a t any time before October 1, 1978, by the operation of any law or rule of law, refund or credit of such overpayment may, nevertheless, be made or allowed if claim therefor is filed before October 1, 1978. Approved October 2, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-879 (Comm. on Ways and Means). SENATE REPORT No. 94-1192 (Comm. on Finance). CONGRESSIONAL RECORD, Vol. 122 (1976): Mar. 15, considered and passed House. Sept. 2 1, considered and passed Senate.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1566

 90 STAT. 1516

PUBLIC LAW 94-453—OCT. 2, 1976

Public Law 94-453 94th Congress An Act Oct. 2, 1976 [H.R. 11722]

Political contributions. Employment deprivation, prohibition. Penalty, violation.

Definitions.

To amend title 18 of the United States Code to prohibit deprivation of employment or other benefit for political contribution, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 601 of title 18 of the United States Code is amended to read as follows: "§601. Deprivation of employment or other benefit for political contribution "(a) Whoever, directly or indirectly, knowingly causes or attempts to cause any person to make a contribution of a thing of value (including services) for the benefit of any candidate or any political party, by means of the denial or deprivation, or the threat of the denial or deprivation, of— "(1) any employment, position, or work in or for any agency or other entity of the Government of the United States, a State, or a political subdivision of a State, or any compensation or benefit of such employment, position, or work; or "(2) any payment or benefit of a program of the United States, a State, or a political subdivision of a State; if such employment, position, work, compensation, payment, or benefit is provided for or made possible in whole or in part by an Act of Congress, shall be fined not more than $10,000, or imprisoned not more than one year, or both. "(b) As used in this section— "(1) the term 'candidate' means an individual who seeks nomination for election, or election, to Federal, State, or local office, whether or not such individual is elected, and, for purposes of this paragraph, an individual shall be deemed to seek nomination for election, or election, to Federal, State, or local office, if he has (A) taken the action necessary under the law of a State to qualify himself for nomination for election, or election, or (B) received contributions or made expenditures, or has given his consent for any other person to receive contributions or make expenditures, with a view to bringing about his nomination for election, or election, to such office; "(2) the term 'election' means (A) a general, special primary, or runoff election, (B) a convention or caucus of a political party held to nominate a candidate, (C) a primary election held for the selection of delegates to a nominating convention of a political party, (D) a primary election held for the expression of a preference for the nomination of persons for election to the office of President, and (E) the election of delegates to a constitutional convention for proposing amendments to the Constitution of the United States or of any State; and "(3) the term 'State' means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States.".

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 PUBLIC LAW 94-453—OCT. 2, 1976 SEC. 2. The item relating to section 601 in the table of sections for chapter 29 of title 18 of the United States Code is amended to read as follows: "601. Deprivation of employment or other benefit for political contribution.". SEC. 3. Section 600 of title 18 of the United States Code is amended by striking out "$1,000" and inserting "$10,000" in lieu thereof. SEC. 4. (a) Chapter 13 of title 18 of the United States Code is amended by adding at the end the following new section: "§ 246. Deprivation of relief benefits "Whoever directly or indirectly deprives, attempts to deprive, or threatens to deprive any person of any employment, position, work, compensation, or other benefit provided for or made possible in whole or in part by any Act of Congress appropriating funds for work relief or relief purposes, on account of political affiliation, race, color, sex, religion, or national origin, shall be fined not more than $10,000, or imprisoned not more than one year, or both.". (b) The table of sections for chapter 13 of title 18 of the United States Code is amended by adding at the end thereof the following new item: "246. Deprivation of relief benefits.". Approved October 2, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-986 (Coram, on the Judiciary). SENATE REPORT No. 94-1245 (Coram, on the Judiciary). CONGRESSIONAL RECORD, Vol. 122 (1976): Apr. 5, considered and passed House. Sept. 2 1, considered and passed Senate, araended. Sept. 22, House concurred in Senate amendments.

90 STAT. 1517

18 USC 246.

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 90 STAT. 1518

PUBLIC LAW 94-454—OCT. 2, 1976

Public Law 94-454 94th Congress An Act Oct. 2, 1976 [H.R. 13549]

United States Soldiers' and Airmen's Home. Additional income. 24 USC 44b.

Enlisted men and warrant officers, pay deductions. 24 USC 44c.

Repeal.

Study. 24 USC 41 note.

To provide for additional income for the United States Soldiers' and Airmen's Home by requiring the Board of Commissioners of such home to collect a fee from the members of such home and by increasing deductions for the support of such home from the pay of enlisted men and warrant oflScers, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Board of Commissioners of the United States Soldiers' and Airmen's Home shall collect from members of the home a fee which may be used solely for the operation of the home. The amount of the fee shall be determined by the Board of Commissioners on the basis of financial needs of the home and the ability of the members to pay, but in no case may the fee collected in any month in the case of any member exceed an amount equal to 25 per centum of the monthly— (1) military retired pay paid to such member; (2) civil service annuity paid to such member where such annuity is based in part on years of military service; (3) disability compensation or pension paid to such member by the Veterans' Administration; or (4) military retired pay and disability compensation or pension where such member is receiving both retired pay and disability compensation or pension. SEC. 2. (a) There shall be deducted each month from the pay of each enlisted man and warrant officer on the active list of the Regular Army and Regular Air Force a sum not to exceed 50 cents which shall be deposited to the credit of the permanent fund, United States Soldiers' and Airmen's Home (trust fund) in the Treasury of the United States. The sums to be deducted shall be fixed from time to time, within the limit prescribed above, by the Secretary of the Army and the Secretary of the Air Force in consultation wnth the Board of Commissioners of such home so as to meet the annual operating requirements of such home. Such sums may be fixed at different amounts for such enlisted men and warrant officers on the basis of grade or time in service, or both, except that the sums fixed shall be the same for both the Army and Air Force. (b) The Act entitled "An Act to provide further for the maintenance of United States Soldiers' Home", approved February 13, 1936 (49 Stat. 1137; 24 U.S.C. 44a), is repealed. SEC. 3. (a) The Comptroller General of the United States shall conduct a study of the operations of the United States Soldiers' and Airmen's Home with a view to determining the short- and long-term financial needs of such home, the appropriate functions of such home, and the operating efficiency of such home.

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 PUBLIC LAW 94-454—OCT. 2, 1976

90 STAT. 1519

(b) The Comptroller General shall transmit the results of such Report to study to the Committees on Armed Services of the Senate and the congressional House of Representatives on or before August 1, 1977, together with committees, such comments and recommendations as he deems appropriate. SEC. 4. The Act of August 29, 1974 (Public Law 93-397; 10 U.S.C. 8202 note), is amended by striking out "through September 30, 1976" and inserting in place thereof "through September 30, 1978". Approved October 2, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1136 (Comm. on Armed Services). SENATE REPORT No. 94-1238 (Comm. on Armed Services). CONGRESSIONAL RECORD, Vol. 122 (1976): May 18, considered and passed House. Sept. 20, considered and passed Senate, amended. Sept. 23, House agreed to Senate amendments.

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 SUBJECT INDEX

Al

Page

Pag(}

A Abraham Lincoln, statue of, presentation to Israel 29 Act for the Prevention and Punishment of Crimes Against Internationaly Protected Persons 1997 ACTION: Appropriation for... 22, 642, 656, 777, 1434 Foster Grandparent Program, person-to-person services to children 526 Peace Corps, appropriation for 1470 Programs, extension 526 Special volunteer programs, technical and financial assistance 525 VISTA, appropriation limitations 525 Administrative Conference of the United States: Appropriation for 968 Rulemaking procedure report, time extension 588 Adult Education Act: Amendments 1233, 2218, 2221, 2237 Appropriation for effecting provisions 1427 Advisory Commission on Intergovernmental Relations. See Intergovernmental Relations, Advisory Commission on. Advisory Committee on Federal Pay, appropriation for 968 Advocacy, Office of, establishment 668 Aeronautics and Space Act of 1958, National, amendments 1270, 1988 Aeronautics and Space Administration, National. See National Aeronautics and Space Administration. Aeronautics and Space Administration Authorization Act, 1968, National, amendment 681 Aeronautics and Space Administration Authorization Act, 1977, National 677 Aeronautics Board, Civil. See Civil Aeronautics Board. African Development Fund, appropriation for 603, 1471 African Development Fund Act 593 African Development Program, appropriation for 773 Agassiz Wilderness, Minn., designation 2633 Aged: Equal Credit Opportunity Act Amendments of 1976 251 Federal revenue sharing fund allocation hearings, opportunity to be heard 2349 Housing, appropriation for 603 Housing loans 1074

Aged—Continued National Employ the Older Worker Week, designation 396 Older Americans Act of 1965, appropriation for effecting provisions 866 Older Americans Month, 1976, proclamation 3087 Aging, National Institute on, appropriation for 11, 1423 Agricultural Act of 1949, amendments 183, 187, 188 Agricultural Act of 1954: Amendments 1500 Appropriation for effecting provisions 867 Agricultural Act of 1956, appropriation for effecting provisions 1057 Agricultural Act of 1961, appropriation for effecting provisions 857 Agricultural Act of 1970: Amendment 991 Appropriation for effecting provisions 857, 864, 865 Agricultural Adjustment Act of 1938: Amendments 181,187, 285, 1489 Appropriation for effecting provisions 857 Agricultural Commodities. See also individual commodities. United States Grain Standards Act of 1976 2967 Agricultural Library, National, appropriation for 855 Agricultural Marketing Act of 1946, appropriation for effecting provisions 855-857 Agricultural Marketing Agreement Act of 1937, appropriation for effecting provisions 857 Agricultural Marketing Service, appropriation for 632, 647, 856 Agricultural Research Service, appropriation for 597, 632, 647, 852 Agricultural Stabilization and Conservation Service, appropriation for... 598, 857, 864 Agricultural Trade Development and Assistance Act of 1954, appropriation for effecting provisions... 853, 867, 973 Agriculture, census 210 Agriculture, Department of: Agricultural Act of 1949, amendments 183,187, 18;B Agricultural Act of 1954— Amendments 150iO Appropriation for effecting provisions 867 Agricultural Act of 1956, appropriation for effecting provisions 1057

.•sTifel

NOTE: Part 1 contains pages 1-1519; Part 2 contains pages 1520-3129.

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