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 PUBLIC LAW 94-519—OCT. 17, 1976 " ( i i i) The State plan shall require the State agency, insofar as practicable, to select property requested by a public agency or other eligible institution within the State and, if so requested by the recipient, to a r r a n g e shipment of that property, when acquired, directly to the recipient. " (U) Where the State agency is authorized to assess and collect service charges from participating recipients to cover direct and reasonable indirect costs of its activities, the method of establishing such charges shall be set out in the State plan of operation. Such charges shall be fair and equitable and shall be based on services performed by the State agency, including, but not limited to, screening, packing, crating, removal, and transportation. " (E) The State plan of operation shall provide that the State agency may impose reasonable terms, conditions, reservations, and restrictions on the use of property to be donated under paragraph (3) of this subsection and shall impose such terms, conditions, reservations, and restrictions in the case of any passenger motor vehicle and any item of other property having a unit acquisition cost of $3,000 or more. If the Administrator finds that an item or items have characteristics that require special handling or use limitations, he may impose appropriate conditions on the donation of such property. " (F) The State plan of operation shall provide that surplus property which the State agency determines cannot be utilized by eligible recipients shall be disposed of—• " (i) subject to the disapproval of the Administrator within t h i r t y days after notice to him, through transfer by the State agency to another State agency or through abandonment or destruction where the property has no commercial value or the estimated cost of its continued care and h and l i n g would exceed the estimated proceeds from its sale; or " ( i i) otherwise pursuant to the provisions of this Act under such terms and conditions and in such manner as may be prescribed by the Administrator. Notwithstanding sections 204 and 402(c) of this Act, the Adininistrator, from the proceeds of sale of any such property, may reimburse the State agency for such expenses relating to the care and handling of such property as he shall deem appropriate. " (5) As used in this subsection, (A) the term 'public agency' means any State, political subdivision thereof (including any unit of local government or economic development district), or any department, agency, instrumentality thereof (including instrumentalities created by compact or other agreement between States or political subdivisions), or any Indian tribe, band, group, pueblo, or community located on a State reservation and (B) the term 'State' means the several States, the District of Columbia, the Commonwealth of Puerto Rico, Virgin Islands, Guam, and American Samoa.". (2) Subsection (k) is amended— (A) in the first sentence of paragraph (4), immediately following the word "subsection", by adding ", except with respect to personal property transferred pursuant to subsection (j) "; (B) in subparagraph (4)(C), by inserting "or" immediately after the semicolon; (C) in subparagraph (4)(D), immediately following the words "armed forces", by striking o u t "; or" and inserting in lieu thereof a period; and (D) by striking out subparagraph (4)(E). (3) Subsection (n) is amended to read as follows:

90 STAT. 2453

40 USC 485, 512. "Public agency." , "State."

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 90 STAT. 2454

PUBLIC LAW 94-519—OCT. 17, 1976

"(n) For the purpose of carrying into effect the provisions of subsection (j), the Administrator or the head of any Federal agency designated by the Administrator, and, with respect to subsection (k)(1), the Secretary of Health, Education, and Welfare or the head of any Federal agency designated by the Secretary, are authorized to enter into cooperative agreements with State surplus property distribution agencies designated in conformity with subsection (j). Such cooperative agreements may provide for utilization by such Federal agency, w4th or without payment or reimbursement, of the property, facilities, personnel, and services of the State agency in carrying out any such program, and for making available to such State agency, with or without payment or reimbursement, property, facilities, pereonnel, or services of such Federal agency in connection with such utilization. Payment or reimbursement, if any, from the State agency shall be credited to the fund or appropriation against which charges would be made if no payment or reimbursement were received. In addition, under such cooperative agreements and subject to such other conditions as may be imposed by the Administrator, or with respect to subsection (k)(l) by the Secretary of Health, Education, and Welfare, any surplus property transferred to the State agency for distribution pursuant to subsection (j)(3) may be retained by the State agency for use in performing its functions. Unless otherwise directed by the Administrator, title to property so retained shall vest in the State agency.". (4) Subsection (o) is amended to read as follows; Report to "(o) The Administrator with respect to personal property donated Congress. under subsection (j), and the head of each executive agency disposing of real property under subsection (k), shall submit during the calendar quarter following the close of each fiscal year a report to the Senate (or to the Secretary of the Senate if the Senate is not in session) and to the House of Representatives (or to the Clerk of the House if the House is not in session) showing the acquisition cost of all personal property so donated and of all real property so disposed of during the preceding fiscal year. Such reports shall also show donations and transfers of property according to State, and may include such other information and recommendations as the Administrator or other executive agency head concerned deems appropriate,". 40 USC 484 note. SEC. 2. Except to the extent that the Administrator of General Services, in the case of specific items or categories of property, has determined otherwise, no term, condition, reservation, or restriction imposed pursuant to subsection (j)(5) of section 203 of the Federal Property 40 USC 484. and Administrative Services Act of 1949 (as in effect prior to the date of enactment of this Act), on the use of any item of personal property donated pursuant to subsection (j)(3) or (j)(4) of section 203 prior to the effective date of this Act as provided in section 9(a), shall remain in effect beyond the thirtieth day after such effective date. This section shall not be deemed to terminate any civil or criminal liability arising out of a violation of such a term, condition, reservation, or restriction which occurred prior to such effective date if a judicial proceeding to enforce such liability is pending on such effective date, or is commenced within one year after such date. SEC. 3. Section 202 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 483) is amended by adding the following new subsections: "(d) Notwithstanding any other provisionr, of law. Federal agencies are prohibited from obtaining excess personal property for purposes of furnishing such property to grantees of such agencies, except as follows:

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 PUBLIC LAW 94-519—OCT. 17, 1976 " (1) Under such regulations as the Administrator may prescribe, any Federal agency may obtain excess personal property for purposes of furnishing it to any institution or organization which is a public agency or is nonprofit and exempt from taxation under section 501 of the I n t e r n a l Revenue Code of 1954, and which is conducting a federally sponsored project pursuant to a g r a n t made for a specific purpose with a specific termination m a d e: Provided, That — " (A) such property is to be furnished for use in connection with the g r a n t; and " (B) the sponsoring Federal agency pays an amount equal to 25 per centum of the original acquisition cost (except for costs of care and handling) of the excess property furnished, such funds to be covered into the Treasury as miscellaneous receipts. Title to excess property obtained under this paragraph shall vest in the grantees and shall be accounted for and disposed of in accordance with procedures governing the accountability of personal property acquired under g r a n t agreements. " (2) Under such regulations and restrictions as the Administrator may prescribe, the provisions of this subsection shall not apply to the following: " (A) property furnished under section 608 of the Foreign Assistance Act of 1961, as amended, where and to the extent that the Administrator of General Services determines that the property to be furnished under such Act is not needed for donation pursuant to section 203(j) of this Act; " (B) scientific equipment furnished under section 11(e) of the National Science Foundation Act of 1950, as amended (42 U.S.C. 1 8 7 0 (e)); _ " (C) property furnished under section 203 of the Department of Agriculture Organic Act of 1944 (16 U.S.C. 580a), in connection with the Cooperative Forest F i r e Control Program, where title is retained in the United States; or " (D) property furnished in connection with g r a n t s to Indian tribes as defined in section 3(c) of the Indian Financing Act (25 U.S.C. 1452 (c)). This paragraph shall not preclude any Federal agency obtaining property and furnishing it to a grantee of that agency under paragraph (1) of this subsection. " (e) E a c h executive agency shall submit during the calendar quart€.r following the close of each fiscal year a report to the Administrator showing, with respect to personal property— " (1) obtained as excess property or as personal property determined to be no longer required for the purposes of the appropriation from which it was purchased, and " (2) furnished in any manner whatsoever within the United States to any recipient other than a Federal agency, the acquisition cost, categories of equipment, recipient of all such property, and such other information as the Administrator may require. The Administrator shall submit a report to the Senate (or to the Secretary of the Senate if the Senate is not in session) and to the House of Representatives (or to the Clerk of the House if the House is not in session) summarizing and analyzing the reports of the executive agencies.". SEC. 4. Section 402(c) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 512(c)) is amended by striking out

90 STAT. 2455 Regulations,

26 USC 501.

Regulations,

22 USC 2358. Ante, p. 2451.

Report to Administrator.

Report to Congress.

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 90 STAT. 2456

40 USC 483c.

Repeal. 42 USC 3193. Transfer of personnel, records, etc. 40 USC 484c.

PUBLIC LAW 94-519—OCT. 17, 1976 "whenever the head of the executive agency concerned determines that it is in the interest of the United States to do so" and inserting in lieu thereof ", whenever the head of the executive agency concerned, or the Administrator after consultation with such agency head, determines that return of the property to the United States for such handling is in the interest of the United States". SEC. 5. Notwithstanding any other provision of law, and except as the Administrator of General Services may otherwise provide on recommendation of the head of an affected Federal agency, excess personal property acquired by a Federal agency pursuant to the authority of section 202 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 483) and furnished to and held by a grantee of such agency prior to the effective date of this Act (as provided in section 9(b)) under g r a n t s made pursuant to programs established by law shall be regarded as surplus property. The Administrator of General Services upon receipt of a certification by the head of an agency that the property is being used by the grantee for the purposes for which it was furnished shall transfer title to the property to the grantee. The grantor agency shall survey Federal property acquired from excess sources in the possession of its grantees and shall notify the Administrator of General Services, not later than two hundred and forty days from the date of enactment of this Act, of those items of property which are being used by each grantee for the purpose for which it was furnished, and those items which are not being used by each grantee. If the property is not being so used, the Administrator shall transfer such property to an appropriate State agency, upon its request, for distribution in accordance with subsection 203(j) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 4 8 4 (j)). Property not so transferred shall be otherwise disposed of pursuant to the provisions of that Act.". SEC. 6. Section 514 of the Public W o r k s and Economic Development Act of 1965 (88 Stat. 1162) is repealed. SEC. 7. (a) So much of the personnel, property, records, and unexpended balance of appropriations, allocations, and other funds as are, in the judgment of the Director of the Office of Management and Budget, employed, used, held, available, or to be made available in relation to those personal property functions which the Secretary of Health, Education, and Welfare was authorized to perform under section 203 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 484) immediately prior to the date of enactment of this Act and which under this Act become vested in the Administrator of General Services shall be transferred to the General Services Administration at such time or times as the Director shall direct. (b) Such further measures and dispositions as the Director of the Office of Management and Budget deems necessary to effectuate transfers referred to in subsection (a) of this section shall be carried out in such manner as the Director shall direct. SEC. 8. Title VI of the Federal Property and Administrative Services Act of 1949 is amended by adding after section 605 the following new section: "SEX DISCRIMINATION

40 USC 476.

" SEC. 606. No individual shall on the ground of sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity carried on or receiving Federal assistance under this Act. This provision shall be enforced through agency provisions and rules similar to those already estab-

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 PUBLIC LAW 94-519—OCT. 17, 1976 lished with respect to racial and other discrimination under title VI of the Civil Rights Act of 1964. However, this remedy is not exclusive and will not prejudice or remove any other legal remedies available to any individual alleging discrimination.". SEC. 9. The provisions of this Act shall become effective one year after the date of enactment of this Act. SEC. 10. Not later than thirty months after the effective date of this Act, and biennially thereafter, the Administrator and the Comptroller General of the United States shall each transmit to the Congress reports which cover the two-year period from such effective date and contain (1) a full and independent evaluation of the operation of this Act, (2) the extent to which the objectives of this Act have been fulfilled, (3) how the needs served by prior Federal personal property distribution programs have been met, (4) an assessment of the degree to which the distribution of surplus property has met the relative needs of the various public agencies and other eligible institutions, and (5) such recommendations as the Administrator and the Comptroller General, respectively, determine to be necessary or desirable. Approved October 17, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1429 (Comm. on Government Operations). SENATE REPORT No. 94-1323 (Comm. on Government Operations). CONGRESSIONAL RECORD, Vol. 122 (1976): Aug. 24, considered and passed House. Sept. 28, considered and passed Senate, amended. Sept. 29, House agreed to Senate amendments.

90 STAT. 2457 42 USC 2000d.

Effective date. 40 USC 484 note. Reports to Congress. 40 USC 493.

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 90 STAT. 2458

PUBLIC LAW 94-520—OCT. 17, 1976

Public Law 94-520 94th Congress An Act Oct. 17, 1976 [S. 2923]

U.S. Magistrates, full-time. Compensation.

28 USC 633.

To amend title 28 of the United States Code to provide that full-time United States magistrates shall receive the same compensation as full-time referees in bankruptcy and to adjust the salary of part-time magistrates.

Be it enacted iy the Senate and House of Representatives of the United States of America in Congress assembled, That section 634(a) of title 28 of the United States Code is amended by changing the first sentence of said subsection to read as follows: "(a) Officers appointed under this chapter shall receive as full compensation for their services salaries to be fixed by the conference pursuant to section 633 of this title, at rates for full-time and parttime United States magistrates not to exceed the rates now or hereafter provided for full-time and part-time referees in bankruptcy, respectively, referred to in section 40a of the Bankruptcy Act (11 U.S.C. 68(a)), as amended, except that the salary of a part-time United States magistrate shall not be less than $100 nor more than one-half the maximum salary payable to a full-time magistrate.". SEC. 2. Section 631 of title 28 of the United States Code is amended— (1) in the first sentence of subsection (a), by inserting "and the district court of the Virgin Islands" immediately after "United States district court"; (2) by inserting immediately after the first sentence of subsection (a) the following: "In the case of a magistrate appointed by the district court of the Virgin Islands, this chapter shall apply as though the court appointing such magistrate were a United States district court."; and (3) in subsection (b)(1)(B), by inserting immediately before the semicolon the following: ", and in the Virgin Islands of the United States, a member in good standing of the bar of the district court of the Virgin Islands". Approved October 17, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1607 (Coram, on the Judiciary). SENATE REPORT No. 94-624 (Coram, on the Judiciary). CONGRESSIONAL RECORD, Vol. 122 (1976): Feb. 5, considered and passed Senate. Sept. 29, considered and passed House, amended. Sept. 30, Senate concurred in House amendraent.

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 PUBLIC LAW 94-521—OCT. 17, 1976

90 STAT. 2459

Public Law 94-521 94th Congress An Act To amend title 13, United States Code, to provide for a mid-decade census of population, and for other purposes.

Oct. 17, 1976 [H.R. 11337]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,^\IQX section 1 of title Mid-decade 13, United States Code, relating to definitions, is amended to read as census of follows: population. "§ 1. Definitions "As used in this title, unless the context requires another meaning or unless it is otherwise provided— " (1) 'Bureau' means the Bureau of the Census; " (2) 'Secretary' means the Secretary of Commerce; and " (3) 'respondent' includes a corporation, company, association, firm, partnership, proprietorship, society, joint stock company, individual, or other organization or entity which reported information, or on behalf of which information was repoited, in response to a questionnaire, inquiry, or other request of the Bureau." SEC. 2. Section 3 of title 13, United States Code, relating to the seal of the Bureau of the Census, is amended by striking out "affixed to all certificates and attestations that may be required from the B u r e a u " and inserting in lieu thereof "affixed to all documents authenticated by the Bureau". SEC. 3. (a) Section 4 of title 13, United States Code, relating to the functions of the Secretary, is amended to read as follows: "§ 4. Functions of Secretary; regulations; delegation " The Secretary shall perform the functions and duties imposed upon him by this title, may issue such rules and regulations as he deems necessary to carry out such functions and duties, and may delegate the performance of such functions and duties and the authority to issue such rules and regulations to such officers and employees of the Department of Commerce as he may designate." (b) The table of sections of chapter 1 of title 13, United States Code, is amended by striking out— "4. Functions of Secretary; delegation." and inserting in lieu thereof— "4. Functions of Secretary; regulations; delegation." SEC. 4. (a) Section 5 of title 13, United States Code, relating to schedules and inquiries, is amended— (1) in the section heading, by striking out "Schedules" and inserting in lieu thereof "Questionnaires"; and (2) in the text thereof, by striking out "schedules" and inserting in lieu thereof "questionnaires". (b) The table of sections of chapter 1 of title 13, United States Code, is amended by striking out— "5. Schedules; number, form, and scope of inquiries." and inserting in lieu thereof— "5. Questionnaires; number, form, and scope of inquiries."

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 90 STAT. 2460

Supra. 13 USC 9.

13 USC 191.

PUBLIC LAW 94-521—OCT. 17, 1976 SEC. 5. (a) Section 6 of title 13, United States Code, relating to requests for information, is amended to read as follows: "§ 6. Information from other Federal departments and agencies; acquisition of reports from other governmental and private sources " (a) The Secretary, whenever he considers it advisable, may call upon any other department, agency, or establishment of the Federal Government, or of the government of the District of Columbia, for information pertinent to the work provided for in this title. " (b) The Secretary may acquire, by purchase or otherwise, from States, counties, cities, or other units of government, or their instrumentalities, or from private persons and agencies, such copies of records, reports, and other material as may be required for the efficient and economical conduct of the censuses and surveys provided for in this title. " (c) To the maximum extent possible and consistent with the kind, timeliness, quality and scope of the statistics required, the Secretary shall acquire and use information available from any source referred to in subsection (a) or (b) of this section instead of conducting direct inquiries." (b) The table of sections of chapter 1 of title 13, United States Code, is amended by striking out— "6. Requests to other departments and offices for information, acquisition of reports from governmental and other sources." and inserting in lieu thereof— "6. Information from other Federal departments and agencies; acquisition of reports from other governmental and private sources." SEC. 6. (a) So much of section 8 of title 13, United States Code, as precedes subsection (d) thereof is amended to read as follows: "§ 8. Authenticated transcripts or copies of certain returns; other data; restriction on use; disposition of fees received " (a) The Secretary may, upon written request, furnish to any respondent, or to the heir, successor, or authorized agent of such respondent, authenticated transcripts or copies of reports (or portions thereof) containing information furnished by, or on behalf of, such respondent in connection with the surveys and census provided for in this title, upon payment of the actual or estimated cost of searching the records and furnishing such transcripts or copies. " (b) Subject to the limitations contained in sections 6(c) and 9 of this title, the Secretary may furnish copies of tabulations and other statistical materials which do not disclose the information reported by, or on behalf of, any particular respondent, and may make special statistical compilations and surveys, for departments, agencies, and establishments of the Federal Government, the government of the District of Columbia, the government of any possession or area (including political subdivisions thereof) referred to in section 191(a) of this title. State or local agencies, or other public and private persons and agencies, upon payment of the actual or estimated cost of such work. I n the case of nonprofit agencies or organizations, the Secretary may engage in joint statistical projects, the purpose of which are otherwise authorized by law, but only if the cost of such projects are shared equitably, as determined by the Secretary. " (c) I n no case shall information furnished under this section be used to the detriment of any respondent or other person to whom such information relates, except in the prosecution of alleged violations of this title."

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 PUBLIC LAW 94-521—OCT. 17, 1976

90 STAT. 2461

(b) The table of sections of chapter 1 of title 13, United States Code, is amended by striking out— "8. Certified copies of certain returns; other data; restriction on use; disposition of fees received."

and inserting in lieu thereof— "8. Authenticated transcripts or copies of certain returns; other data; restriction on use; disposition of fees received."

SEC. 7. (a) Section 141 of title 13, United States Code, relating to censuses of population, unemployment, and housing, is amended to read as follows: "§ 141. Population and other census information " (a) The Secretary shall, in the year 1980 and every 10 years there- Decennial census. after, take a decennial census of population as of the first day of April of such year, which date shall be known as the 'decennial census date', in such form and content as he may determine, including the use of sampling procedures and special surveys. In connection with any such census, the Secretary is authorized to obtain such other census information as necessary. "(b) The tabulation of total population by States under subsection Report to (a) of this section as required for the apportionment of Representa- President. tives in Congress among the several States shall be completed within 9 months after the census date and reported by the Secretary to the President of the United States. "(c) The officers or public bodies having initial responsibility for the legislative appoitionment or districting of each State may, not later than 3 years before the decennial census date, submit to the Secretary a plan identifying the geographic areas for which specific tabulations of population are desired. Each such plan shall be developed in accordance with criteria established by the Secretary, which he shall furnish to such officers or public bodies not later than April 1 of the fourth year preceding the decennial census date. Such criteria shall include requirements which assure that such plan shall be developed in a nonpartisan manner. Should the Secretary find that a plan submitted by such officers or public bodies does not meet the criteria established by him, he shall consult to the extent necessary with such officers or public bodies in order to achieve the alterations in such plan that he deems necessary to bring it into accord with such criteria. Any issues with respect to such plan remaining unresolved after such consultation shall be resolved by the Secretary, and in all cases he shall have final authority for determining the geographic format of such plan. Tabulations of population for the areas identified in any plan approved by the Secretary shall be completed by him as expeditiously as possible after the decennial census date and reported to the Governor of the State involved and to the officers or public bodies having responsibility for legislative apportionment or districting of such State, except that such tabulations of population of each State requesting a tabulation plan, and basic tabulations of population of each other State, shall, in any event, be completed, reported, and transmitted to each respective State within one year after the decennial census date. "(d) Without regard to subsections (a), (b), and (c) of this sec- Mid-decade tion, the Secretary, in the year 1985 and every 10 years thereafter, census, shall conduct a mid-decade census of population in such form and content as he may determine, including the use of sampling procedures and special surveys, taking into account the extent to which information to be obtained from such census will serve in lieu of information

89-194 O—78—pt. 2

63

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 90 STAT. 2462

Submittal to congressional committees.

"Census of population.'

PUBLIC LAW 94-521—OCT. 17, 1976 collected annually or less frequently in surveys or other statistical studies. The census shall be taken as of the first day of April of each such year, which date shall be known as the 'mid-decade census date'. "(e)(1) I f "(A) in the administration of any program established by or under Federal law which provides benefits to State or local governments or to other recipients, eligibility for or the amount of such benefits would (without regard to this paragraph) be determined by taking into account data obtained in the most recent decennial census, and "(B) comparable data is obtained in a mid-decade census conducted after such decennial census, then in the determination of such eligibility or amount of benefits the most recent data available from either the mid-decade or decennial census shall be used. "(2) Information obtained in any mid-decade census shall not be used for apportionment of Representatives in Congress among the several States, nor shall such information be used in prescribing congressional districts. "(f) With respect to each decennial and mid-decade census conducted under subsection (a) or (d) of this section, the Secretary shall submit to the committees of Congress having legislative jurisdiction over the census— "(1) not later than 3 years before the appropriate census date, a report containing the Secretary's determination of the subjects proposed to be included, and the types of information to be compiled, in such census; "(2) not later than 2 years before the appropriate census date, a report containing the Secretary's determination of the questions proposed to be included in such census; and "(3) after submission of a report under paragraph (1) or (2) of this subsection and before the appropriate census date, if the Secretary finds new circumstances exist which necessitate that the subjects, types of information, or questions contained in reports so submitted be modified, a report containing the Secretary's determination of the subjects, types of information, or questions as proposed to be modified. " (g) As used in this section, 'census of population' means a census of population, housing, and matters relating to population and housing.". (b) The table of sections of chapter 5 of title 13, United States Code, is amended by striking out— "141. Population, unemployment, and housing."

13 USC 181. Data production and publication. Ante, p. 2461.

and inserting in lieu thereof— "141. Population and other census information." SEC. 8. (a) Subchapter IV of chapter 5 of title 13, United States Code, is amended by striking out section 181 and inserting in lieu thereof the following: "§181. Population "(a) During the intervals between each census of population required under section 141 of this title, the Secretary, to the extent feasible, shall annually produce and publish for each State, county, and local unit of general purpose government which has a population of fifty thousand or more, current data on total population and population characteristics and, to the extent feasible, shall biennially produce and publish for other local units of general purpose government

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 PUBLIC LAW 94-521—OCT. 17, 1976

90 STAT. 2463

current data on total population. Such data shall be produced and published for each State, county, and other local unit of general purpose government for which data is compiled in the most recent census of population taken under section 141 of this title. Such data may be Ante, p. 2461. produced by means of sampling or other methods, which the Secretary determines will produce current, comprehensive, and reliable data. "(b) If the Secretary is unable to produce and publish current Report to data during any fiscal year on total population for any county and President of local unit of general purpose government as required by this section, Senate and the a report shall be submitted by the Secretary to the President of the Speaker of House of Senate and to the Speaker of the House of Representatives not later Representatives. than 90 days before the commencement of the following fiscal year, enumerating each government excluded and giving the reasons for such exclusion, "§ 182. Surveys "The Secretary may make surveys deemed necessary to furnish 13 USC 182. annual and other interim current data on the subjects covered by the censuses provided for in this title. "§ 183. Use of most recent population data "(a) Except as provided in subsection (b), for the purpose of 13 USC 183. administering any law of the United States in which population or other population characteristics are used to determine the amount of benefit received by State, county, or local units of general purpose government, the Secretary shall transmit to the President for use by the appropriate departments and agencies of the executive branch the data most recently produced and published under this title. "(b) This section shall not apply with respect to any law of the United States which, for purposes of determining the amount of benefit received by State, county, or local units of general purpose government, provides that only population or population characteristics data obtained in the most recent decennial census may be used in such determination. "§184. Definitions "For purposes of this subchapter— 13 USC 184. " (1) the term 'local unit of general purpose government' means the government of a county, municipality, township, Indian tribe, Alaskan native village, or other unit of government (other than a State) which is a unit of general government, and "(2) the term 'State' includes the District of Columbia." (b) The table of sections for chapter 5 of title 13, United States Code, is amended by striking out— "181. Surveys."

and inserting in lieu thereof— "181. Population. "182. Surveys. "183. U.se of most recent population data. "184. Definitions."

SEC. 9. Section 191 of title 13, United States Code, relating to geographic scope of censuses, is amended to read as follows: "§ 191. Geographic scops of censuses "(a) Each of the censuses authorized by this chapter shall include each State, the District of Columbia, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and the Commonwealth of Puerto Rico, and as may be determined by the Secretary,

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 90 STAT. 2464

13 USC 196.

Ante, p. 2463.

13 USC 21. 13 USC 9.

PUBLIC LAW 94-521—OCT. 17, 1976 such other possessions and areas over which the United States exercises jurisdiction, control, or sovereignty. Inclusion of other areas over which the United States exercises jurisdiction or control shall be subject to the concurrence of the Secretary of State. "(b) For censuses taken in the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, or any possession or area not specifically designated in subsection (a) of this section, the Secretary may use census information collected by the Governor or highest ranking Federal official, if such information was obtained in accordance with plans prescribed or approved by the Secretary. "(c) If, pursuant to a determination by the Secretary under subsection (a) of this section, any census is not taken in a possession or area over which the United States exercises jurisdiction, control, or sovereignty, the Secretary may include data obtained from other Federal agencies or government sources in the census report. Any data obtained from foreign governments shall be obtained through the Secretary of State.". SEC. 10. Section 195 of title 13, United States Code, relating to use of sampling, is amended to read as follows: "§ 195. Use of sampling "Except for the determination of population for purposes of apportionment of Representatives in Congress among the several States, the Secretary shall, if he considers it feasible, authorize the use of the statistical method known as 'sampling' in carrying out the provisions of this title.". SEC. 11. (a) Subchapter V of chapter 5 of title 13, United States Code, is amended by adding at the end thereof the following new section: «§ 196. Special censuses "The Secretary may conduct special censuses for the government of any State, or of any county, city, or other political subdivision within a State, for the government of the District of Columbia, and for the government of any possession or area (including political subdivisions thereof) referred to in section 191(a) of this title, on subjects covered by the censuses provided for in this title, upon payment to the Secretary of the actual or estimated cost of each such special census. The results of each such special census shall be designated 'Official Census Statistics'. These statistics may be used in the manner provided by applicable law." (b) The table of sections of subchapter V of chapter 5 of title 13, United States Code, is amended by adding at the end thereof— "196. Special censuses." SEC. 12. (a) Section 214 of title 13, United States Code, relating to wrongful disclosure of information, is amended to read as follows: "§ 214. Wrongful disclosure of information "Whoever, being or having been an employee or staff member referred to in subchapter II of chapter 1 of this title, having taken and subscribed the oath of office, or having sworn to observe the limitations imposed by section 9 of this title, publishes or communicates any information, the disclosure of which is prohibited under the provisions of section 9 of this title, and which comes into his possession by reason of his being employed (or otherwise providing services) under the provisions of this title, shall be fined not more than $5,000 or imprisoned not more than 5 years, or both."

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90 STAT. 2465

(b) Section 23 of title 13, United States Code, is amended by adding at the end thereof the following new subsection: " (c) The Secretary may utilize temporary staff, including employees Temporary staff, of Federal, State, or local agencies or instrumentalities, and employees of private organizations to assist the Bureau in performing the work authorized by this title, but only if such temporary staff is sworn to observe the limitations imposed by section 9 of this title." 13 USC 9. SEC. 13. Section 221 of title 13, United States Code, relating to refusal or neglect to answer questions and to willful false answers, is amended— (1) by striking out "or imprisoned not more than sixty days, or both" in subsection (a); (2) by striking out "or imprisoned not more than one year, or both" in subsection (b) thereof; and (3) by adding at the end thereof the following new subsection: "(c) Notwithstanding any other provision of this title, no person shall be compelled to disclose information relative to his religious beliefs or to membership in a religious body.". SEC. 14. Section 224 of title 13, United States Code, relating to failure to answer questions affecting companies, businesses, religious bodies, and other organizations and to willful false answers, is amended— (1) by striking out "whether such request be made by registered mail, by certified mail, by telegraph, by visiting representative, or by one or more of these methods,"; (2) by striking out "schedule" and inserting in lieu thereof "schedule or questionnaire"; (3) by striking out "or imprisoned not more than sixty days, or both"; and (4) by striking out "or imprisoned not more than one year, or both". SEC. 15. (a) Section 225 of title 13, United States Code, relating to applicability of penal provisions in certain cases, is amended— (1) by inserting "and questionnaires" immediately after "schedules" in subsection (a)(1) thereof; and (2) by striking out "sections 221, 222 and 224" in subsection (b) and inserting in lieu thereof "section 222" thereof. (b) Section 241 of title 13, United States Code, relating to evidence, is amended by striking out "as authorized by section 224 of this title".

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 90 STAT. 2466 Separability. 13 USC 1 note.

Effective date. 13 USC 1 note.

PUBLIC LAW 94-521—OCT. 17, 1976 SEC. 16. If a provision enacted by this Act is held invalid, all valid provisions that are severable from the invalid provision remain in effect. If a provision of this Act is held invalid in one or more of its applications, the provision remains in effect in all valid applications that are severable from the invalid application or applications. SEC. 17. The amendments made by this Act shall take effect on October 1, 1976, or on the date of the enactment of this Act, whichever date is later. Approved October 17, 1976.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-944 (Comm. on Post Office and Civil Service) and No. 94-1719 (Comm. of Conference). SENATE REPORT No. 94-1256 accompanying S. 3688 (Comm. on Post Office and Civil Service). CONGRESSIONAL RECORD, Vol. 122 (1976): Apr. 7, considered and passed House. Sept. 23, considered and passed Senate, amended. Sept. 30, Senate agreed to conference report. Oct. 1, House agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 12, No. 43: Oct. 18, Presidential statement.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/999

 PUBLIC LAW 94-522—OCT. 17, 1976

90 STAT. 2467

Public Law 94-522 94th Congress An Act To amend the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, TITLE I—RETIREMENT FINANCING

Oct. 17, 1976 [H.R. 13615] Central Intelligence Agency Retirement Act of 1964 for Certain Employees, amendments.

SEC. 101. Section 111 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended (78 Stat. 1043; 50 U.S.C. 403 note)^ is amended— (a) by striking out "and" at the end of paragraph (2); (b) by striking out the period at the end of paragraph (3) and inserting a semicolon in lieu thereof; and (c) by adding the following new paragraphs (4), (5), and (6): Definitions. " (4) 'Fund balance' means the sum of— "(a) the investments of the fund calculated at par value; and "(b) the cash balance of the fund on the books of the Treasury; "(5) 'Unfunded liability' means the estimated excess of the present value of all benefits payable from the fund to particii:)ants and former participants, subject to this Act, and to their survivors, over the sum of— "(a) the present value of deductions to be withheld from the future basic salary of participants currently subject to this Act and of future Agency contributions to be made in their behalf; plus "(b) the present value of Government payments to the Infra. fund under section 261(b) and (c) of this Act; plus "(c) the fund balance as of the date the unfunded liability is determined; and "(6) 'Normal cost' means the level percentage of payroll required to be deposited in the fund to meet the cost of benefits payable under the system (computed in accordance with generally accepted actuarial practice on an entry-age basis) less the value of retirement benefits earned under another retirement system for government employees and less the cost of credit allowed for military service.". SEC. 102. Section 261 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended (78 Stat. 1043; 50 U.S.C. 403 note), is amended by inserting " (a) " after "261." and by adding the following new paragraphs (b), (c), and (d): "(b) Any statute which authorizes— "(1) new or liberalized benefits payable from the fund, including annuity increases other than under section 291 of this Act; 50 USC 403 note. "(2) extension of the coverage of this Act to new groups of employees; or

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 90 STAT. 2468

PUBLIC LAW 94-522—OCT. 17, 1976

"(3) increases in salary on which benefits are computed is deemed to authorize appropriations to the fund to finance the unfunded liability created by that statute in thirty equal annual installments with interest computed at the rate used in the then most recent valuation of the System and with the first payment thereof due as of the end of the fiscal year in which each new or liberalized benefit, extension of coverage, or increase in salary is effective. "(c) There is hereby authorized to be appropriated to the fund each fiscal year, beginning with fiscal year 1977 such amounts as may be necessary to meet the amount of normal cost for each year which is not met by contributions under section 211(a). "(d) There is hereby authorized to be appropriated to the fund each fiscal year such sums as may be necessary to provide the amount equivalent to (1) interest on the unfunded liability computed for that year at the interest rate used in the then most recent valuation of the System, and (2) that portion of disbursement for annuities for that year which the Director estimates is attributable to credit allowed for military service, not to exceed the following percentages of such amounts: 70 per centum for 1977; 80 per centum for 1978; 90 per centum for 1979; and 100 per centum for 1980 and for each fiscal year thereafter.". TITLE II—RETIREMENT ACT AMENDMENTS Annuitants.

Annuities, computation,

SEC, 201. Section 204 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended (78 Stat. 1043; 50 U.S.C. 403 note), is amended— (a) by striking "dependent" in subsection (a); (b) by striking "Dependent widower" and inserting "Widower" in lieu thereof in subsection (b)(2); (c) by inserting a period before the first comma and striking the remainder of the sentence in subsection (b)(2); (d) by inserting before the comma in subsection (b)(3)(i) the words: "or a child who lived with and for whom a petition for adoption was filed by a participant and who is adopted by by the surviving spouse after the participant's death."; and (e) by striking out "two years" wherever it appears and inserting in 1 ieu thereof "one year". SEC. 202. Section 221(b) of the Central Intelligence Agency Retirejy^gnt Act of 1964 for Certain Employees, as amended (78 Stat. 1043; 50 U.S.C. 403 note), is amended to read as follows: "(b)(1) If a participant dies after having retired and is survived by a spouse to whom he or she was married at the time of retirement, or by a widow or widower wl:iom he or she married after retirement, the spouse, widow, or widower is entitled to an annuity equal to 55 per centum of the amount of the participant's annuity computed as prescribed in paragraph (a) of this section, up tq^the full amount of such annuity specified by the participant as the" base for such survivor benefits at the time of retirement. The annuity of the participant shall be reduced by 214 per centum of any amount up to $3,600 specified by the participant as the base for such survivor benefit plus 10 per centum of any amount over $3,600 so specified. If at the time of retirement the participant does not desire any surviving spouse to receive an annuity under this paragraph he shall so state in writing to the Director.

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 PUBLIC LAW 94-522—OCT. 17, 1976 " (2) If an annuitant dies after having elected a reduced annuity provided in paragraph (2) of section 221(f) the surviving widow or widower is entitled to an annuity computed as prescribed in paragraph (1) of this subsection. " (3) A spouse acquired after retirement is entitled to a survivor annuity under this subsection only upon electing this annuity instead of any other survivor benefit to which he or she may be entitled under this or another retirement system for Government employees. The annuity of the spouse, widow, or widower under this subsection commences on the day after the annuitant dies. T h i s annuity and the r i g h t thereto terminate on the last day of the month before the spouse, widow, or widower— " (A) dies; or " (B) remarries before becoming sixty years of age. " (4) A n annuity which is reduced under this subsection shall, for each full month during which an annuitant is not married, be recomputed and paid as if the annuity had not been so reduced. Upon remarriage of the annuitant, the annuity shall be reduced by the same per'centage reductions which were in effect at the time of retirement.". SEC. 203. Section 221(f) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended (78 Stat. 1043; 50 U.S.C. 403 note), is amended— (a) by inserting " (1) " immediately after " (f) "; and (b) by a d d i n g a t the end thereof the following new paragraph (2): .. " (2) A participant, who is unmarried at the time of retiring and who later marries, may irrevocably elect, in a signed writing received in the Agency within one year after the marriage, a reduced annuity as provided in section 221(b). The reduced annuity is effective the first day of the month after the election is received. The election voids prospectively any election previously made under the provisions of paragraph (1) of this subsection.". SEC. 204. Section 221 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended (78 Stat. 1043; 50 U.S.C. 403 note), is amended by adding at the end thereof the following new subsection: " (1)(1) Notwithstanding any other provision of this section, the monthly r a t e of annuity payable under subsection (a) of t h i s section, shall not be less than the smallest p r i m a r y insurance amount, including any cost-of-living increase added to that amount, authorized to be paid from time to time under title II of the Social Secuirty Act. " (2) Notwithstanding any other provision of this section, other than this subsection, the monthly rate of annuity payable under subsection (a) of this section to a surviving child shall not be less than the smallest p r i m a r y insurance amount, including any cost-of-living increase added to that amount, authorized to be paid from time to time under title II of the Social Security Act, or three times such p r i m a r y insurance amount divided by the number of surviving children entitled to an annuity, whichever is the lesser. " (3) The provisions of this subsection shall not apply to an annuit a n t or to a survivor who is or becomes entitled to receive from the United States an annuity or retired pay under any other civilian or military retirement system, benefits under title II of the Social Security Act, a pension, veterans' compensation, or any other periodic payment of a similar nature, when the monthly rate thereof is equal to or greater than the smallest p r i m a r y insurance amount, including any cost-of-living increase added to that amount, authorized to be paid from time to time under title II of the Social Security Act.".

90 STAT. 2469

Infra.

Unmarried participant.

« Annuities, monthly rate.

42 USC 401 et
 * ^9'-

"-•

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 90 STAT. 2470 Retirement for disability or incapacity, application submittal.

Annuity, termination.

Reinstatement.

PUBLIC LAW 94-522—OCT. 17, 1976

SEC. 205. Section 231(a) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees as amended" (78-SkUi. 1043; U.S.C. 403 note), is amended by adding at the end thereof the following: "Retirement for disability or incapacity may be approved only if the application is submitted before the applicant is separated from the Agency or within one year thereafter. This time limitation may be waived by the Director for a participant or annuitant who at the date of separation from the Agency or within one year thereafter is mentally incompetent, if the application is filed with the Agency within one year from the date of restoration of the participant or annuitant to competency or the appointment of a fiduciary, whichever is earlier.". SKC. 206. Section 231(b) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended (78 Stat. 1043; U.S.C. 403 note), is amended— (a) by inserting the figure " (1) " immediately after the letter "(b)"; (b) by striking the words "six months" in the sixth sentence and substitute "one year"; and (c) by adding at the end of the section a new paragraph (2) as follows: "(2) If the annuitant receiving disability retirement annuity is restored to earning capacity, before becoming sixty years of age, payment of the annuity terminates on reemployment by the Government or one year after the end of the calendar year in which earning capacity is restored whichever is earlier. Earning capacity is restored if in each of two succeeding calendar years the income of the annuitant from wages or self-employment or both equals at least 80 per centum of the current rate of pay of the position occupied at the time of retirement.". SEC. 207. Section 231(c) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended (78 Stat. 1043; 50 U.S.C. 403 note), is amended— (a) by inserting the figure " (1) " immediately after the letter "(c)"; (b) by inserting immediately after the words "If a recovered" the words: "or restored"; (c) by inserting immediately after the words "shall be considered" the words: "except for service credit"; (d) by inserting immediately after the words "as of the date" the words: "of termination of the disability annuity"; (e) by striking the words: "he was retired for disability"; (f) by striking the period after the last word "provisions" and adding the words: "or he may be placed by the Director in an involuntary retired status if he qualifies under the provisions of section 235(a). Retirement rights under this section shall be based on the provisions of this Act in effect as of the date the disability annuity was discontinued.". (g) by adding at the end of the section a new paragraph (2): "(2) If, based on a current medical examination, the Director determines that a recovered annuitant has, before reaching age sixtytwo, again become totally disabled due to recurrence of the disability for which he was originally retired, his terminated disability annuity (same type and rate) is reinstated from the date of such medical examination. If a restored-to-earning-capacity annuitant has not medically recovered from the disability for which retired and establishes to the Director's satisfaction that his income from wages and selfemployment in any calendar year before reaching age sixty-two was less than 80 per centum of the pay rate attached to the position from

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 PUBLIC LAW 94-522—OCT. 17, 1976

90 STAT. 2471

which he retired, his terminated disability annuity (same type and rate) is reinstated from the first of the next following year. I f he has been allowed an involuntary or voluntary retirement annuity in the meantime, his reinstated disability annuity is substituted for it unless he elects to retain the former benefit.". SEC, 208. Section 232(b) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended (78 Stat. 1043; 50 U.S.C. 403 note), is amended— ^a) by striking "dependent" wherever it occurs; and (b) by inserting a period after "section 2 2 1 (g) " and striking the remainder of the section. SEC. 209. Section 2 4 1 (b)(1) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended (78 Stat. 1043; 50 U.S.C. 403 note), is amended to read as follows: " (1) To the beneficiary or beneficiaries designated by such particip a n t in a signed and witnessed writing received by the Agency before his death. For this purpose, a designation, change, or cancellation of beneficiary in a will or other document not so executed and filed shall have no force or effect;". SEC. 210. Section 251 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended (78 Stat. 1043; 50 U.S.C. 403 note), is amended— (a) by striking "the Federal Employees' Compensation Act of September 7, 1916, as amended (5 U.S.C. 751 et seq.)" and inserting in lieu thereof "chapter 81 of title 5, United States Code, or any earlier statute on which such chapter is based"; and (b) by adding a t the end thereof the following new sentence: " A participant or former participant who returns to Government duty after a period of separation shall have included in his period of service that part of the period of separation in which he was receiving benefits under chapter 81 of title 5, United States Code, or any earlier statute on which such chapter is based.". SEC. 211. Section 252 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended (78 Stat. 1043; 50 U.S.C. 403 note), is amended by striking the period at the end of paragraph (a)(2) thereof and adding the following: "or active and honorable service in the Regular or Reserve Corps of the Public Health Service after June 30, 1960, o r as a commissioned officer of the National Oceanic and Atmospheric Administration after June 30, 1961.". SEC. 212. The Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended (78 Stat. 1043; 50 U.S.C. 403 note), is amended by a d d i n g in " P A R T G — M O N E Y S " thereof the following new

section 264: "RECOVERY o r PAYMENTS

" SEC. 264. Recovery of payments under this Act may not be made from an individual when in the judgment of the Director, the individual is without fault and recovery would be against equity and good conscience. W i t h h o l d i n g or recovery of money mentioned by this Act on account of a certification or payment made by a former employee of the Central Intelligence Agency in the discharge of his official duties may be made if the Director certifies that the certification or payment involved fraud on the part of the former employee.". SEC. 213. The Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended (78 Stat. 1043; 50 U.S.C. 403 note), is amended by adding a t the end thereof the following new section:

Death in service.

Length of service, computation.

5 USC 8101. Prior service credit.

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 90 STAT. 2472

PUBLIC LAW 94-522—OCT. 17, 1976 "PART K—CONFORMITY W I T H CIVIL SERVICE RETIREMENT SYSTEM " AUTHORITY TO M A I N T A I N E X I S T I N G AREAS OF C O N FOR M I T Y B E T W E E N CIVIL SERVICE A N D C E N T R A L I N T E L L I G E N C E A G E N C Y RETIREMENT

AND DISABILITY SYSTEMS

50 use403 note.

"SEC. 292. (a) Whenever the President determines that it would be appropriate for the purpose of maintaining existing conformity between the Civil Service Retirement and Disability System and the Central Intelligence Agency Retirement and Disability System with respect to substantially identical provisions, he may^ by Executive order, extend to current or former participants in the Central Intelligence Agency Retirement and Disability System, or to their survivors, a provision of law enacted after January 1, 1975, which: "(1) amends subchapter III, chapter 83, title 5, United States 5 USC 8331. Code, and is applicable to civil service employees generally, or "(2) otherwise affects current or former participants in the Civil Service Retirement and Disability System, or their survivors. Any such order shall extend such provision of law so that it applies in like manner with respect to such Central Intelligence Agency Retirement and Disability System participants, former participants, or survivors. Any such order shall have the force and effect of law and may be given retroactive effect to a date not earlier than the effective date of the corresponding provision of law applicable to employees under the Civil Service Retirement System. "(b) Any provisions of an Executive order issued pursuant to this section shall modify, supersede, or render inapplicable, as the case may be, to the extent inconsistent therewith— "(1) all provisions of law enacted prior to the effective date of the provision of such Executive order, and "(2) any prior provision of an Executive order issued under authority of this section.". Annuity increase. SEC. 214. (a) An annuity payable from the Central Intelligence 50 USC 403 note. Agency Retirement and Disability Fund to an annuitant which is based on a separation occurring prior to October 20, 1969, is increased by $240 per annum. (b) In lieu of any increase based on an increase under subsection (a) of this section, an annuity payable from the Central Intelligence Agency Retirement and Disability Fund to the surviving spouse of an annuitant, which is based on a separation occurring prior to October 20, 1969, shall be increased by $132 per annum. Monthly rate. (c) The monthly rate of an annuity resulting from an increase under this section shall be considered as the monthly rate of annuity payable under section 221(a) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended (78 Stat. 1043; 50 U.S.C. 403 note) for purposes oi computing the minimum annuity under new section 221(1) of the Act, as added by section 204 of this Act. Effective dates. SEC. 215. (a) This Act shall become effective October 1, 1976. 50 USC 403note. (b) The amendments made by sections 201(a), (b), (c), and (d), 202, and 208 shall not apply in the case of participants who died before January 8, 1971. The amendments made by section 201(e) shall not apply in the case of participants who died before April 9, 1974. The rights of such persons and their survivors shall continue in the same manner and to the same extent as if such amendments had not been enacted.

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 PUBLIC LAW 94-522—OCT. 17, 1976

90 STAT. 2473

(c) The amendment made by section 203 shall apply to a participant who married prior to enactment but only if the election is made within one year after enactment. (d) The amendment made by section 210 is effective only with respect to annuity accruing for full months beginning after January 8, 1971; but any part of a f)eriod of separation referred to in such amendment in which the participant or former participant was receiving benefits under chapter 81 of title 5, United States Code, or any earlier 5 USC 8101. statute on which such chapter is based shall be counted whether the person returns to duty before, on, or after January 8, 1971. With respect to any person retired before such date of enactment, any such part of a period of separation shall be counted only upon application of the retired person. (e) The amendment in section 211 to credit certain service in the Public Health Service is effective as of April 8, 1960, and the amendment to credit certain service in the National Oceanic and Atmospheric Administration is effective as of September 14, 1961. (f) The amendment in section 212 is effective as of June 30, 1974. (g) The amendment to recompute a reduced annuity during periods when not married in section 202 shall apply to annuities which commence before, on, or after the date of enactment of this Act, but no increase in annuity shall be paid for any period prior to November 1, 1974. (h^ Annuity increases under sections 204 and 214 shall apply to annuities which commence before, on, or after the date of enactment of this Act, but no increase in annuity shall be paid for any period prior to August 1, 1974, or the date on which the annuity commences, whichever is later. Approved October 17, 1976.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-1152 pt. 1 (Comm. on Armed Services) and No. 94-1152 pt. 2 (Comm. on Appropriations). SENATE REPORT No. 94-1304 (Select Comm. on Intelligence). CONGRESSIONAL RECORD, Vol. 122 (1976): Sept. 13, considered and passed House. Sept. 30, considered and passed Senate.

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 90 STAT. 2474

PUBLIC LAW 94-523—OCT. 17, 1976

Public Law 94-523 94th Congress An Act Oct. 17, 1976 [H.R. 1073] War risk insurance.

Reporting requirements.

To extend the provisions of title XII of the Merchant Marine Act, 1936, relating to war risk insurance, for an additional three years, ending September 7, 1978.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1203(a) of the Merchant Marine Act, 1936 (46 U.S.C. 1283(a)), is amended by inserting at the end thereof the following new sentences: "In determining whether to grant such insurance or reinsurance to foreignflag vessels, the Secretary shall further consider the characteristics, the employment, and the general management of the vessel by the owner or charterer. American- and foreign-flag vessels so insured or reinsured shall be subject to such vessel location reporting requirements as the Secretary may establish by regulation.". SEC. 2. Section 1203(b) of the Merchant Marine Act, 1936 (46 U.S.C. 1283(b)), is amended by inserting at the end thereof the following new sentence: "For the purposes of this title, the term 'cargo' shall include loaded or empty containers located aboard such vessels.". SEC. 3. Section 1203(f) of the Merchant Marine Act, 1936 (46 U.S.C. 1283 (f)), is amended by striking out the word "on" between the words "Statutory" and "contractual" and inserting in lieu thereof "or". SEC. 4. Section 1209(b) of the Merchant Marine Act, 1936 (46 U.S.C. 1289(b)), is amended by inserting at the end thereof the following new sentence: "The Secretary may charge and collect an annual fee in an amount calculated to cover the expenses of processing applications for insurance, the employment of underwriting agents, and the appointment of experts.". SEC. 6. Section 1214 of the Merchant Marine Act, 1936 (46 U.S.C. 1294), is amended by striking out "September 7, 1975" and inserting in lieu thereof "September 30, 1979.". Approved October 17, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-416 (Comm. on Merchant Marine and Fisheries). SENATE REPORT No. 94-1332 accompanying S. 3181 (Comm. on Commerce). CONGRESSIONAL RECORD: Vol. 121 (1975): Sept. 9, considered and passed House. Vol. 122 (1976): Sept. 28, considered and passed Senate, amended. Oct. 1, House concurred in Senate amendment.

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 PUBLIC LAW 94-524—OCT. 17, 1976

90 STAT. 2475

Public Law 94-524 94th Congress An Act To establish procedures and regulations for certain protective services provided by the United States Secret Service.

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 "Presidential Protection Assistance Act of 1976". SEC, 2, As used in this Act the term— (1) "Secret Service" means the United States Secret Service, the Department of the Treasury; (2) "Director" means the Director of the Secret Service; (3) "protectee" means any person eligible to receive the protection authorized by section 3056 of title 18, United States Code, or Public Law 90-331 (82 Stat. 170); (4) "Executive departments" has the same meaning as provided in section 101 of title 5, United States Code; (5) "Executive agencies" has the same meaning as provided in section 105 of title 5, United States Code; (6) "Coast Guard" means the United States Coast Guard, Department of Transportation or such other Executive department or Executive agency to which the United States Coast Guard may subsequently be transferred; (7) "duties" means all responsibilities of an Executive department or Executive agency relating to the protection of any protectee; and (8) "non-Governmental property" means any property owned, leased, occupied, or otherwise utilized by a protectee which is not owned or controlled by the Government of the United States of America. SEC. 3. (a) Each protectee may designate one non-governmental property to be fully secured by the Secret Service on a permanent basis. (b) A protectee may thereafter designate a different non-Governmental property in lieu of the non-Governmental property previously designated under subsection (a) (hereinafter in this Act referred to as the "previously designated property") as the one non-Governmental property to be fully secured by the Secret Service on a permanent basis under subsection (a). Thereafter, any expenditures by the Secret Service to maintain a permanent guard detail or for permanent facilities, equipment, and services to secure the non-Governmental property previously designated under subsection (a) shall be subject to the limitations imposed under section 4. (c) For the purposes of this section, where two or more protectees share the same domicile, such protectees shall be deemed a single protectee. SEC. 4. Expenditures by the Secret Service for maintaining a permanent guard detail and for permanent facilities, equipment, and services to secure any non-Governmental property in addition to the one non-Governmental property designated by each protectee under subsection 3(a) or 3(b) may not exceed a cumulative total of $10,000 at each such additional non-Governmental property, unless expenditures in excess of that amount are specifically approved by resolutions adopted by the Committees on Appropriations of the House and Senate, respectively. SEC. 5. (a) All improvements and other items acquired by the Federal Government and used for the purpose of securing any nonGovernmental property in the performance of the duties of the Secret Service shall be the property of the United States.

Oct. 17, 1976 [H.R. 1244] Presidential Protection Assistance Act of 1976. Definitions.

18 USC 3056 note.

Nongovernmental property, permanent security. 18 USC 3056 note.

Expenditures, limitations. 18 USC 3056 note.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1008

 90 STAT. 2476

18 USC 3056 "*'**•

18 USC 3056 "****• 18 USC 3056 ""*^-

Reports to congressional 1 fTnsr^^n'^fi 3056 °°^*

PUBLIC LAW 94-524—OCT. 17, 1976 (b) Upon termination of Secret Service protection at any non-Governmental property all such improvements and other items shall be removed from the non-Governmental property unless the Director determines that it would not be economically feasible to do so; except that such improvements and other items shall be removed and the non-Governmental property shall be restored to its original state if the owner of such property at the time of termination requests the removal of such improvements or other items. If any such improvements or other items are not removed, the owner of the non-Governmental property at the time of termination shall compensate the United States for the original cost of such improvements or other items or for the amount by which they have increased the fair market value of the property, as determined by the Comptroller General of the United States, as of the date of termination, whichever is less. (c) In the event that any non-Governmental property becomes a previously designated property and Secret Service protection at that property has not been terminated, all such improvements and other items which the Director determines are not necessary to secure the previously designated property within the limitations imposed under section 4 shall be removed or compensated for in accordance with the procedures set forth under Subsection (b) of this section. SEC. 6. Executive departments and Executive agencies shall assist the Secret Service in the performance of its duties by providing services, equipment, and facilities on a temporary and reimbursable basis when requested by the Director and on a permanent and reimbursable basis upon advance written request of the Director; except that the Department of Defense and the Coast Guard shall provide such assistance on a temporary basis without reimbursement when assisting the Secret Service in its duties directly related to the protection of the President or the Vice President or other officer immediately next in order of succession to the office of the President. SEC. 7. No services, equipment, or facilities may be ordered, purchased, leased, or otherwise procured for the purposes of carrying out the duties of the Secret Service by persons other than officers or employees of the Federal Government duly authorized by the Director to make such orders, purchases, leases, or procurements. SEC. 8. No funds may be expended or obligated for the purpose of carrying out the purposes of section 3056 of title 18, United States Code, and section 1 of Public Law 90-331 other than funds specifically appropriated to the Secret Service for those purposes with the exception of— (1) expenditures made by the Department of Defense or the Coast Guard from funds appropriated to the Department of Defense or the Coast Guard in providing assistance on a temporary basis to the Secret Service in the performance of its duties directly related to the protection of the President or the Vice President or other officer next in order of succession to the office of the President; and (2) expenditures made by Executive departments and agencies, in providing assistance at the request of the Secret Service in the performance of its duties, and which will be reimbursed by the Secret Service under section 6 of this Act. SEC. 9. The Director, the Secretary of Defense, and the Commandant of the Coast Guard shall each transmit a detailed semi-annual report of expenditures made pursuant to this Act during the six-month period immediately preceding such report by the Secret Service, the Department of Defense, and the Coast Guard, respectively, to the

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1009

 PUBLIC LAW 94-524—OCT. 17, 1976 Committees on Appropriations, Committees on the Judiciary, and Committees on Government Operations of the House of Representatives and the Senate, respectively, on March 31 and September 30, of each year. SEC. 10. Expenditures made pursuant to this Act shall be subject to audit by the Comptroller General and his authorized representatives, who shall have access to all records relating to such expenditures. The Comptroller General shall transmit a report of the results of any such audit to the Committees on Appropriations, Committees on the Judiciary, and Committees on Government Operations of the House of Representatives and the Senate, respectively. SEC. 11. Section 2 of Public Law 90-331 (82 Stat. 170) is repealed.

90 STAT. 2477

Audit, 18 USC 3056 "''*Report to congressional committees, Repeal. 18 USC 3056

Approved October 17, 1976.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-105 pt. I (Comm. on the Judiciary) and No. 94-105 pt. II (Comm. on Government Operations). SENATE REPORT No. 94-1325 (Committees on the Judiciary and Government Operations). CONGRESSIONAL RECORD: Vol. 121 (1975): May 5, considered and passed House. Vol. 122 (1976): Sept. 28, considered and passed Senate, amended. Sept. 29, House agreed to Senate amendment.

89-194 O—78—pt. 2-

°ote.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1010

 90 STAT. 2478

PUBLIC LAW 94-525—OCT. 17, 1976

Public Law 94-525 94th Congress An Act Oct. 17, 1976 [H.R. 1607]

Lottery prohibitions. Media, parallel exemptions.

To amend title 18 and title 39 of the United States Code to make parallel the exemption from lottery prohibitions granted to newspapers and to radio and television.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1307(a)(1) of title 18 of the United States Code is amended by inserting "or in an adjacent State which conducts such a lottery" immediately after "State". SEC. 2. The first sentence of subsection (d) of section 3005 of title 39, United States Code, is amended by striking the words "a newspaper of general circulation published in a State containing advertisements, lists of prizes, or information concerning a lottery conducted by that State acting under authority of State law," and inserting the words, "a newspaper of general circulation containing advertisements, lists of prizes, or information concerning a lottery conducted by a State acting under authority of State law, published in that State, or in an adjacent State which conducts such a lottery,", in lieu thereof. Approved October 17, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-236 (Comm. on the Judiciary). SENATE REPORT No. 94-618 (Comm. on the Judiciary). CONGRESSIONAL RECORD: Vol. 121 (1975): June 16, considered and passed House. Vol. 122 (1976): Feb. 4, considered and passed Senate. Feb. 5, motion to reconsider entered in Senate. Oct. 1, motion to reconsider withdrawn.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1011

 PUBLIC LAW 94-526—OCT. 17, 1976

90 STAT. 2479

Public Law 94-526 94th Congress An Act To amend the Act establishing a code of law for the District of Columbia to prohibit the unauthorized use of a motor vehicle obtained under a written rental or other agreement.

Oct. 17, 1976 [H.R. 108261

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 826b D.C. of the Act entitled " A n Act to establish a code of law for the District Motor vehicles, of Columbia", approved March 3, 1901 (D.C. Code, sec. 22-2204), is unauthorized use. amended to read as follows: " SEC. 826b. UNAUTHORIZED U S E OF A V E H I C L E. — (a) Any person

who, without the consent of the owner, shall take, use, operate, or remove or cause to be taken, used, operated, or removed, from a garage, stable, or other building, or from any place or locality on a public or private highway, park, parkway, street, lot, field, enclosure, or space, a motor vehicle^ and operate or drive or cause the same to be operated or driven for his own profit, use, or purpose shall be punished by a fine not exceeding $1,000 or imprisoned not exceeding five years, or both such fine and imprisonment. " (b)(1) I t shall be a violation of this subsection for any person, after renting, leasing, or using a motor vehicle under a written agreement which provides for the return of the vehicle to a particular place at a specified time, to knowingly fail to return the vehicle to such place (or to any authorized agent of the party from Avhom the vehicle was obtained under the agreement), within eighteen days after written demand is made for its return, if the conditions set forth in paragraph (2) are met. Any person who violates this subsection shall be fined not more than $1,000 or imprisoned not more than three years, or both. " (2) The conditions referred to in paragraph (1) are as follows: " (A) The written agreement under which the motor vehicle is obtained contains the following statement: ' W A R N I N G — failure to return this vehicle in accordance with the terms of this rental agreement may result in a criminal penalty of up to three years in jail'. Such statement shall be clearly and conspicuously printed in a contrasting color, set off in a box, and signed by the person obtaining the motor vehicle in a space specially provided. " (B) There is clearly and conspicuously displayed on the dashboard of the motor vehicle the following notice: ' N O T I C E — failure to return this vehicle on time may result in serious criminal penalties.'. " (C) The party from whom the motor vehicle was obtained under the agreement makes a written demand for the return of the vehicle, either by actual delivery to the person who obtained the vehicle, or by deposit in the United States mails of a postpaid registered or certified letter, return receipt requested, addressed to such person a t each address set forth in the written agreement or otherwise provided by such person. Such written demand shall clearly state that failure to return the vehicle may result in prosecution for violation of the criminal law of the District of Columbia punishable by u p to three years in jail. Such written demand shall not be made p r i o r to the date specified in the agreement for

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1012

 90 STAT. 24«0

"Motor vehicle."

PUBLIC LAW 94-526—OCT. 17, 1976 the return of the vehicle, except that, if the parties or their authorized agents have mutually agreed to some other date for the return of the vehicle, then such written demand shall not be made prior to such other date. "(3) This subsection shall not apply in the case of a motor vehicle obtained under a retail installment contract as defined in paragraph (9) of the first section of the Act of April 22, 1960 (D.C. Code, sec. 40-901(9)). " (4) I t shall be a defense in any criminal proceeding brought under this subsection that a person failed to return a motor vehicle for causes beyond his control. The burden of raising and going forward with the evidence with respect to such defense shall be on the person asserting it. In any case in which such defense is raised, evidence that the person obtained the vehicle by reason of any false statement or representation of a material fact, including a false statement or representation regarding his name, residence, employment, or operator's license, shall be admissible to determine whether the failure to return such vehicle was for causes beyond his control. " (c) For the purposes of this section the terms 'motor vehicle' and 'vehicle' mean any automobile, self-propelle\i mobile home, motorcycle, truck, truck tractor, truck tractor with semi or full trailer, or bus.". Approved October 17, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-898 (Coram, on the District of Columbia). SENATE REPORT No. 94-1344 (Coram, on the District of Columbia). CONGRESSIONAL RECORD, Vol. 122 (1976): Apr. 12, considered and passed House. Sept. 30, considered and passed Senate.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1013

 PUBLIC LAW 94-527—OCT. 17, 1976

90 STAT. 2481

Public Law 94-527 94th Congress An Act To amend the National Trails System Act (82 Stat. 919), and for other purposes.

Oct. 17, 1976 [S. 2112]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the National National scenic Trails System Act (82 Stat. 919; 16 U.S.C. 1241 et seq.) is amended trails, as follows: In section 5(c), add the following new paragraphs; 16 USC 1244. "(15) Bartram Trail, extending through the States of Georgia, North Carolina, South Carolina, Alabama, Florida, Louisiana, Mississippi, and Tennessee. "(16) Daniel Boone Trail, extending from the vicinity of Statesville. North Carolina, to Fort Boonesborough State Park, Kentucky. "(17) Desert Trail, extending from the Canadian border through parts of Idaho, Washington, Oregon, Nevada, California, and Arizona, to the Mexican border. "(18) Dominguez-Escalante Trail, extending approximately two thousand miles along the route of the 1776 expedition led by Father Francisco Atanasio Dominguez and Father Silvestre Velez de Escalante, originating in Santa Fe, New Mexico; proceeding northwest along the San Juan, Dolores, Gunnison, and White Rivers in Colorado; thence westerly to Utah Lake; thence southward to Arizona and returning to Santa Fe. "(19) Florida Trail, extending north from Everglades National Park, including the Big Cypress Swamp, the Kissimme Prairie, the Withlacoochee State Forest, Ocala National Forest, Osceola National Forest, and Black Water River State Forest, said completed trail to be approximately one thousand three hundred miles long, of which over four hundred miles of trail have already been built. "(20) Indian Nations Trail, extending from the Red River in Oklahoma approximately two hundred miles northward through the former Indian nations to the Oklahoma-Kansas boundary line. "(21) Nez Perce Trail extending from the vicinity of Wallowa Lake, Oregon, to Bear Paw Mountain, Montana. "(22) Pacific Northwest Trail, extending approximately one thousand miles from the Continental Divide in Glacier National Park,

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1014

 90 STAT. 2482

PUBLIC LAW 94-527—OCT. 17, 1976 Montana, to the Pacific Ocean beach of Olympic National Park, Washington, by way of— "(A) Flathead National Forest and Kootenai National Forest in the State of Montana; "(B) Kaniksu National Forest in the State of Idaho; and "(C) Colville National Forest, Okanogan National Forest, Pasayten Wilderness Area, Ross Lake National Recreation Area, North Cascades National Park, Mount Baker, the Skagit River, Deception Pass, Whidbey Island, Olympic National Forest, and Olympic National Park in the State of Washington." Approved October 17, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1683 accompanying H.R. 15122 (Coram, on Interior and Insular Affairs). SENATE REPORT No. 94-1143 (Coram, on Interior and Insular Affairs). CONGRESSIONAL RECORD, Vol. 122 (1976): Aug. 24, considered and passed Senate. Sept. 27, considered and passed House, amended, in lieu of H.R. 15122. Oct. 1, Senate concurred in House araendments.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1015

 PUBLIC LAW 94-528—OCT. 17, 1976

90 STAT. 24SS

Public Law 94-528 94th Congress An Act To amend the Internal Revenue Code of 1954 to provide for a distribution deduction for certain cemetery perpetual care fund, to modify the effective dates of certain provision of the Tax Reform Act of 1976, and for other purposes.

Oct. 17, 1976 [H.R. 1142]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) section Taxes. 642 of the I n t e r n a l Revenue Code of 1954 (relating to special rules Cemetery for credits and deductions of estates and trusts) is amended by redes- perpetual care ignating subsection (j) as subsection (k) and by a d d i n g after sub- W^^fcp fuio section (i) the following new subsection: "(j)

CERTAIN

DISTRIBUTIOXS

BY

CEMETERY

PERPETUAL

CARE

F U N D S. — I n the case of a cemetery perpetual care fund which— " (1) was created pursuant to local law by a taxable cemetery corporation for the care and maintenance of cemetery property, and " (2) is treated for the taxable year as a t r u s t for purposes of this subchapter, any amount distributed by such fund for the care and maintenance of gravesites which have been purchased from the cemetery corporation before the beginning of the taxable year of the trust and with respect to which there is an obligation to furnish care and maintenance shall be considered to be a distribution solely for purposes of sections 651 and 661, but only to the extent that the aggregate amount so distributed during the taxable year does not exceed $5 multiplied by the aggregate number of such gravesites.". (b) EFFECTIVE DATE.—The amendments made by subsection (a) shall take effect on October 1, 1977, and shall apply to amounts distributed during taxable years ending after December 31, 1963. SEC. 2. (a) Subsection (d) of section 1204 of the T a x Reform Act of 1976 (relating to jeopardy and termination assessments) is amended by striking out "December 31, 1976" and inserting in lieu thereof " February 28, 1977". (b) Subsection (c) of section 1205 of the T a x Reform Act of 1976 (relating to administrative summons) is amended by striking out "December 31, 1976" and inserting in lieu thereof " February 28, 1977". (c) Subsection (e) of section 1209 of the T a x Reform Act of 1976 (relating to minimum exemption from levy for wages, salary, and other income) is amended by striking out "December 31, 1976" and inserting in lieu thereof " February 28, 1977". (d) Subsection (c) of section 7809 of the I n t e r n a l Revenue Code of 1954 (relating to deposit of collections) is amended—

26 USC 651, 661. 26 USC 642 note,

Ante, p. 1695. Ante, p. 1699. Ante, p. 1709.

26 USC 7809.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1016

 90 STAT. 2484

26 USC 6110. Effective date. Ante, p. 1520.

PUBLIC LAW 94-528—OCT. 17, 1976 (1) by striking out '"and" at the end of paragraph (2) thereof; (2) by striking out the comma at the end of paragraph (3) thereof and inserting in lieu thereof a semicolon and "and"; and (3) by adding at the end of paragraph (3) thereof the following new paragraph: "(4) work or services performed (including materials supplied) pursuant to section 6110 (relating to public inspection of written determinations),", (e) The amendments made by this section shall take effect on the date of the enactment of the Tax Reform Act of 1976. Approved October 17, 1976.

• > « ' •..;., ' "; i. S, ' l l ':<'

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1344 (Coram, on Ways and Means). SENATE REPORT No. 94-1317 (Coram, on Finance). CONGRESSIONAL RECORD, Vol. 122 (1976): Aug. 24, considered and passed House. Oct. 1, considered and passed Senate, amended; House concurred in Senate amendments.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1017

 PUBLIC LAW 94-529—OCT. 17, 1976

90 STAT. 2485

Public Law 94-529 94th Congress An Act To amend section 5051 of the Internal Revenue Code of 1954 (relating to the Federal excise tax on beer).

Be it enacted by the Senate and Hovse of Representatives of the United States of America in Congress assembled, That subsection (a) of section 5051 of the Internal Revenue Code of 1954 (imposing a tax of $9 a barrel on beer produced or imported into the United States) is amended to read as follows: "(a)

Oct. 17, 1976 [H.R. 3605] Beer. Small business tax reduction.

26 USC 5051.

RATE or TAX.—

"(1) IN GENERAL.—A tax is hereby imposed on all beer brewed or produced, and removed for consumption or sale, within the United States, or imported into the United States. Except as provided in paragraph (2), the rate of such tax shall be $9 for every barrel containing not more than 31 gallons and at a like rate for any other quantity or for fractional parts of a barrel. "(2)

R E D U C E D RATE FOR CERTAIN DOMESTIC PRODUCTION.—

"(A) $7 A BARREL RATE.—In the case of a brewer who produces not more than 2,000,000 barrels of beer during the calendar year, the per barrel rate of the tax imposed by this section shall be $7 on the first 60,000 barrels of beer which are removed in such year for consumption or sale and which have been brewed or produced by such brewer at qualified bi-eweries in the United States. "(B) CONTROLLED GROUPS.—In the case of a controlled group, the 2,000,000 barrel quantity specified in subparagraph (A) shall be applied to the controlled group, and the 60,000 barrel quantity specified in subparagraph (A) shall be apportioned among the brewers who are component members of such group in such manner as the Secretary or his delegate shall by regulations prescribed. For purposes of the "Controlled preceding sentence, the term 'controlled group' has the mean- group." ing assigned to it by subsection (a) of section 1563, except 26 USC 1563. that for such purposes the phrase 'more than 50 percent' shall be substituted for the phrase 'at least 80 percent' in each place it appears in such subsection. Under regulations prescribed by the Secretary or his delegate, principles similar to the principles of the preceding two sentences shall be applied to a group of brewers under common control where one or more of the brewers is not a corporation.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1018

 90 STAT. 24S6

Effective date. 26 USC 5051 note.

PUBLIC LAW 94-529—OCT. 17, 1976 "(3) ToLiERANCES.—Where the Secretary or his delegate finds that the revenue will not be endangered thereby, he may by regulations prescribe tolerances for barrels and fractional parts of barrels, and, if such tolerances are prescribed, no assessment shall be made and no tax shall be collected for any excess in any case where the contents of a barrel or a fractional part of a barrel are within the limit of the applicable tolerance prescribed.". SEC. 2. The amendment made by the first section of this Act shall take effect on the first day of the first calendar year which begins after the date of the enactment of this Act. Approved October 17, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1346 (Comm. on Ways and Means). CONGRESSIONAL RECORD, Vol. 122 (1976): Sept. 13, considered and passed House. Sept. 30, considered and passed Senate.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1019

 PUBLIC LAW 94-530—OCT. 17, 1976

90 STAT. 24fli7

Public Law 94-530 94th Congress An Act To amend the Internal Revenue Code of 1954 to exempt certain aircraft museums from Federal fuel taxes and the Federal tax on the use of civil aircraft, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) section 4041 of the Internal Revenue Code of 1954 (relating to tax on special fuels) is 'amended by redesignating subsection (h) as subsection (i) and by inserting after subsection (g) the following new subsection: " (h) E X E M P T I O N FOR U S E BY CERTAIN AIRCRAFT M U S E U M S. —

Oct. 17, 1976 [H.R. 10101]

Taxes. Certain aircraft museums, fuel tax exemption.

26 USC 4041.

" (1) EXEMPTION.—Under regulations prescribed by the Secre- Regulations, t a r y or his delegate, no tax shall be imposed under this section on any liquid sold for use or used by an aircraft museum in a n aircraft or vehicle owned by such museum and used exclusively for purposes set forth in paragraph (2)(C). " (2) DEFINITION OF AIRCRAFT M U S E U M. — For purposes of t h i s

subsection, the term 'aircraft' means an organization— " (A) described in section 501(c)(3) which is exempt from 26 USC 501 income tax under section 501(a), " (B) operated as a museum under charter by a State or the District of Columbia, and " (C) operated exclusively for the procurement, care, and exhibition of aircraft of the type used for combat or transport in W o r l d W a r II. ". (b) Section 6427 of such Code (relating to fuels not used for tax- 26 USC 6427. able purposes) is amended by redesignating subsections (d) through (h) as subsections / e) through (i), respectively, and by inserting after subsection (c) the ifolio wing new subsection: " (d) U S E BY CERTAIN AIRCRAFT M U S E U M S. — E x c e p t as provided in

subsection (g), if— " (1) any gasoline on which tax was imposed by section 4081, or " (2) a n v fuel on the sale of which tax was imposed under section 4041," is used by an aircraft museum (as defined in section 4041(h)(2)) in Supra. an aircraft or vehicle owned by such museum and used exclusively for purposes set forth in section 4041(h)(2)(C), the Secretary or his delegate shall p a y (without interest) to the ultimate purchaser of such gasoline or fuel an amount equal to the aggregate amount of the tax imposed on such,q:asoline or fuel." (c)(1) Subsections (a)(4) and (c) of section 39 of such Code are 26 USC 39 each amended by striking out " 6 4 2 7 (f) " and inserting in lieu thereof "6427(g)". (2) Subsections (a), (b)(1), and (c) of section 6427 of such Code are each amended by striking out " (f) " and inserting in lieu thereof (3) Subsection (e)(1) of such section 6427, as redesignated, is amended by striking out " (a), (b), or (c) " and inserting in lieu thereof"(a),(b), (c),or(d)". (4) Subsection (e)(2) of such section 6427, as redesignated, is amended by striking out " (a) and (b) " and inserting in lieu thereof "(a),(b),and(d)".

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1020

 90 STAT. 2488

PUBLIC LAW 94-530—OCT. 17, 1976

26 USC 6427.

(5) Subsection (g)(2) of such section 6427, as redesignated, is amended by striking out "(d)(2)" and inserting in lieu thereof "(e)

26 USC 7210, 7603, 7604, 7605.

(6) Sections 7210^ 7603, 7604(b), and 7605(a) of such Code are each amended by striking out "6427(e)(2)" each place it appears and inserting in lieu thereof "6427 (f)(2)". (d) The amendments made by this section shall take effect on October 1, 1976. SEC. 2. (a) Subsection (a) of section 4492 of the Internal Revenue Code of 1954 (^defining taxable civil aircraft for purposes of the tax on the use of civil aircraft) is amended by adding at the end thereof the following new sentence: "Such term does not include any aircraft owned by an aircraft museum (as defined in section 4041(h)(2)) and used exclusively for purposes set forth in section 4041(h)(2)(C)." (b) The amendment made by subsection (a) shall take effect on July 1, 1976.

Effective date.

26 USC 4492.

Ante, p. 2487. Effective date.

Approved October 17, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1359 (Comm. on Ways and Means). SENATE REPORT No. 94-1321 (Comm. on Finance). CONGRESSIONAL RECORD, Vol. 122 (1976): Aug. 2, considered and passed House. Oct. 1, considered and passed Senate. ,

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