text:
Page:United States Statutes at Large Volume 91.djvu/1366

 91 STAT. 1332

Appropriation authorization.

PUBLIC LAW 95-166—NOV. 10, 1977 to defraud the United States, shall be fined not more than $10,000 or imprisoned not more than five years, or both. "(2) Whoever being a partner, officer, director, or managing agent connected in any capacity with any partnership, association, corporation, business, or organization, either public or private, that receives benefits under the program, knowingly or willfully embezzles, misapplies, steals, or obtains by fraud, false statement, or forgery, any benefits provided by this section or any money, funds, assets, or property derived from benefits provided by this section, shall be fined not more than $10,000 or imprisoned for not more than five years, or both (but, if the benefits, money, funds, assets, or property involved is not over $200. then the penalty shall be a fine of not more than $1,000 or imprisonment for not more than one year, or both). "(3) If two or more persons conspire or collude to accomplish any act made unlawful under this subsection, and one or more of such persons do any act to eifect the object of the conspiracy or collusion, each shall be fined not more than $10,000 or imprisoned for not more than five years, or both. "(p) For the fiscal years beginning October 1, 1977, and ending September 30, 1980, there are herebj?^ authorized to be appropriated such sums as are necessary to carry out the purposes of this section.". ,i

,

CONFORMING AMENDMENT

42 USC 1754, 1756, 1757, 1760, 1766, 1774.

SEC. 3. The National School Lunch Act and the Child Nutrition Act of 1966 are each amended by striking out "nonfood assistance" each time such phrase appears in such Acts and by inserting in lieu thereof "food service equipment assistance". The heading of section 5 of the

42 USC 1754.

National School L u n c h Act is amended to read "FOOD SERVICE EQUIPMENT ASSISTANCE", and the heading of section 5 of the Child N u t r i t i o n Act of 1966 is amended to read "FOOD SERVICE EQUIPMENT ASSISTANCE".

42 USC 1774.

,,, _ eonditions.

42 USC 1774.

State apportionment.

.^S'liSi^S^

FOOD SERVICE EQUIPMENT A S S I S T A N C E

.

iv

-

SEC. 4. Section 5 of the Child Nutrition Act of 1966 is amended by— (1) striking out the last sentence of subsection (b) and inserting in lieu thereof the following: " Payments to any State of funds apportioned under the provisions of this subsection for any fiscal year shall be made upon condition that a t least one-fourth of the cost of equipment financed under this subsection shall be borne by funds from sources within the State, except that such condition shall not apply with respect to funds used under this section to assist schools that are especially needy, as determined by criteria to be established by each State and approved by the Secretary. States shall apportion their share of funds under this subsection by giving priority to schools without a food service program and schools without the facilities to prepare and cook hot meals at the schools (including schools having equipment that is so antiquated or impaired as to endanger the continuation of an adequate food service program or the ability to prepare and cook hot meals) or at a kitchen that serves the schools and that is operated by the local school district or by a nonprofit private school or the authority that is responsible for the administration of one or more nonprofit private schools. After making funds available to such schools, the State shall make the remaining funds available to schools with a food service program and with the facilities to prepare and cook hot meals a t the schools or at a kitchen that serves the schools and that is operated by the local school district or by a nonprofit private school o r the authority

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Page:United States Statutes at Large Volume 91.djvu/1367

 PUBLIC LAW 95-166—NOV. 10, 1977

91 STAT. 1333

' * that is responsible for the administration of one or more nonprofit private schools, for the purpose of purchasing needed replacement equipment."; (2) amending subsection (e) to read as follows: State "(e) For the fiscal years ending September 30, 1978, September 30, apportionment. 1979, and September 30, 1980, 331/3 percent of the funds appropriated for the purposes of this section shall be reserved to the Secretary to assist schools without a food service program and schools without the facilities to prepare and cook hot meals or receive hot meals. The Secretary shall apportion the funds so reserved among the States on the basis of the ratio of the number of children in each State enrolled in schools without a food service program and in schools without the facilities to prepare and cook hot meals or receive hot meals to the number of children in all States enrolled in schools without a food service program and in schools without the facilities to prepare and cook hot meals or receive hot meals. In those States in which the Secre- Funds for States tary administers the food service equipment assistance program in administered by nonprofit private schools, the Secretary shall withhold from the funds Secretary, apportioned to any such State under this subsection an amount which withholding. bears the same ratio to such funds as the number of children enrolled in nonprofit private schools without a food service program or without the facilities to prepare and cook hot meals or receive hot meals in such State bears to the total number of children enrolled in all schools without a food service program or without the facilities to prepare and cook hot meals or receive hot meals in such State. The funds so reserved, apportioned, and withheld shall be used by the State, or the Secretary in the case of nonprofit private schools, only to assist schools without a food service program and schools without the facilities to prepare and cook hot meals or receive hot meals. If any State cannot use all the funds apportioned to it under the provisions of this subsection, the Secretary shall make further apportionment to the remaining States for use only in assisting schools without a food service program and schools without the facilities to prepare and cook hot meals or receive hot meals. If after such further apportionment, any funds received under this subsection remain unused, the Secretary shall immediately apportion such funds among the States in accordance with the provisions of subsection (b) of this section. Payment to any State Condition, of funds under the provisions of this subsection shall be made upon the condition that at least one-fourth of the cost of the equipment financed shall be borne by funds from sources within the State, except that such condition shall not apply with respect to funds used under this subsection to assist schools that are especially needy, as determined by criteria established by each State and approved by the Secretary."; (3) adding at the end thereof a new subsection (f) to read as follows: "(f)(1) Funds authorized for the purposes of this section shall be used only for facilities that enable schools, or local public or private nonprofit institutions under the conditions prescribed in paragraph (2) of this subsection, to prepare and cook hot meals or receive hot meals at the school or institution unless the school can demonstrate to the satisfaction of the State (or, in the case of nonprofit private schools in States where the Secretary administers the food service equipment program in such schools, to the satisfaction of the Secretary) that an alternative method of meal preparation is necessary for the introduction or continued existence of the school lunch or breakfast program in such school or to improve the consumption of food or the participation of eligible children in the program. "(2) If a school authorized to receive funds under this section

5;

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


text:
Page:United States Statutes at Large Volume 91.djvu/1368

 PUBLIC LAW 95-166—NOV. 10, 1977

91 STAT. 1334

T 'li-i,

cannot establish a food service program of hot meals prepared and cooked by the school, or received by the school, and the school enters into an agreement with a public or private nonprofit institution to provide the school lunch or breakfast program for children attending the school, the funds provided under this section may be used for food service facilities to be located at such institution, if (A) the school retains legal title to such facilities and, (B) in the case of funds made available under subsection (e) of this section, the institution would otherwise be without such facilities."; and (4) striking out the comma after "as amended" in subsection (a), inserting a period in lieu thereof, and striking out the remainder of the sentence. I f

Estimated valuation. 42 USC 1755. Payment.

Funds for States administered by Secretary, withholding.

J

COMMODITY DISTRIBUTION PROGRAM

SEC. 5. Section 6(b) of the National School Lunch Act is amended to read as follows: "(b) Not later than May 15 of ea'ch school year, the Secretary shall make an estimate of the value of agricultural commodities and other foods that will be delivered during that school year to States for the school lunch program. If such estimated value is less than the total level of assistance authorized under subsection (e) of this section, the Secretary shall pay to each State educational agency, not later than June 15 of that school year, an amount of funds that is equal to the difference between the value of such deliveries as then programed for such State and the total level of assistance authorized under subsexition (e) of this section. In any State in which the Secretary directly administers the school lunch program in any of the schools of the State, the Secretary shall withhold from the funds to be paid to such State under the provisions of this subsection an amount that bears the same ratio to the total of such payment as the number of lunches served in schools in which the school lunch program is directly administered by the Secretary during that school year bears to the total of such 1 unches served under the school lunch program in all the schools in such State in such school year. Each State educational agency, and the Secretary in the case of private schools in which the Secretary directly administers the school lunch program, shall promptly and equitably disburse, such funds to schools participating in the school lunch program, and such disbursements shall be used by such schools to purchase United States agricultural commodities and other foods for their food service program. Such foods shall be limited to the requirements for lunches and breakfasits for children as provided for in regulations issued by the Secretary.". PURCHASE OF FOODS FOR THE COMMODITY DISTRIBUTIOX PROGRAM

42 USC 1762a.

Appropriation authorization.

SEC. 6, Section 14 of the National School Lunch Act is amended by— (1) striking out "September 30, 1977" in subsection (a) and inserting in lieu thereof "September 30, 1982"; and (2) adding at the end thereof new subsections (c), (d), and (e) as follows: "(c) The Secretary may use funds appropriated from the general fund of the Treasury to purchase agricultural commodities and their products of the types customarily purchased for donation under section 707(a)(4) of the Older Americans Act of 1965 (42 U.S.C. 3045f(a)(4)) or for cash payments in lieu of such donations under section 707(d)_(l) of such Act (42 U.S.C. 3045f (d)(1)). There are hereby authorized to be appropriated such sums as are necessary to carry out the purposes of this subsection.

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Page:United States Statutes at Large Volume 91.djvu/1369

 PUBLIC LAW 95-166—NOV. 10, 1977

91 STAT. 1335

"(d) In providing assistance under this Act and the Child Nutrition Assistance, Act of 1966 for school lunch and breakfast programs, the Secretary procedures. 42 USC 1771 shall establish procedures which will— " (1) ensure that the views of local school districts and private note. nonprofit schools with respect to the type of commodity assistance needed in schools are fully and accurately reflected in reports to the Secretary by the State with respect to State commodity preferences and that such views are considered by the Secretary in the purchase and distribution of commodities and by the States in the allocation of such commodities among schools within the States; "(2) solicit the views of States with respect to the acceptability of commodities; "(3) ensure that the timing of commodity deliveries to States is consistent with State school year calendars and that such deliveries occur with sufficient advance notice; "(4) provide for systemajtic review of the costs and benefits of Cost and benefits, providing commodities of the kind and quantity that are suitable review. to the needs of local school districts and private nonprofit schools; and " (5) make available technical assistance on the use of commodi- Technical ties available under this Act and the Child Nutrition Act of 1966. assistance. Within eighteen months after the date of the enactment of this sub- Report to section, the Secretary shall report to Congress on the impact of proce- Congress. dures established under this subsection, including the nutritional, economic, and administrative benefits of such procedures. In purchas- Procedures. ing commodities for programs carried out under this Act and the Child Nutrition Act of 1966, the Secretary shall establish procedures to ensure that contracts for the purchase of such commodities shall not be entered into unless the previous history and current patterns of the contracting party with respect to compliance with applicable meat inspection laws and with other appropriate standards relating to the wholesomeness of food for human consumption are taken into account. "(e) Each State educational agency that receives food assistance State advisory payments under this section for any school year shall establish for such councils, year an advisory council, which shall be composed of representatives establishment of schools in the State that participate in the school lunch program. and membership. The council shall advise such State agency with respect to the needs of such schools relating to the manner of selection and distribution of commodity assistance for such program.". REFUSAL OP COMMODITIES

SEC. 7. Section 6(a) of the National School Lunch Act is amended 42 USC 1755, by inserting immediately after the first sentence the following: "Any school participating in food service programs under this Act may refuse to accept delivery of not more than 20 percent of the total value of agricultural commodities and other foods tendered to it in any school year; and if a school so refuses, that school may receive, in lieu of the refused commodities, other commodities to the extent that other commodities are available to the State during that year.". ACCEPTANCE OF OFFERED FOODS

SEC. 8. The third sentence of section 9(a) of the National School Lunch Act is amended to read as follows: "Students in senior high schools that participate in the school lunch program under this Act

Senior high school students. 42 USC 1758.

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text:
Page:United States Statutes at Large Volume 91.djvu/1370

 91 STAT. 1336

PUBLIC LAW 95-166—NOV. 10, 1977

.>f - • i '• '

(and, when approved by the local school district or nonprofit private schools, students in any other grade level in any junior high school or middle school) shall not be required to accept offered foods they do not intend to consume, and any such failure to accept offered foods shall not affect the full charge to the student for a lunch meeting the requirements of this subsection or the amount of payments made under this Act to any such school for such lunch.". SPECIAL ASSISTANCE

Appropriation authorization. 4z U31. iit>^a.

9inrifsv'

I, it, . \^ ^ ^

SEC. 9. Section 11(a) of the National School Lunch Act is amended by inserting; immediately after the first sentence the following new sentences: "In the case of any school which determines that at least 80 percent of the children in attendance during a school year (hereinafter in this sentence referred to as the 'first school year') are eligible for free lunches or reduced-price lunches, special-assistance payments shall be paid to the State educational agency with respect to that school, if that school so requests for the school year following the first school year, on the basis of the number of free lunches or reduced-price lunches, as the case may be, that are served by that school during the school year for which the request is made, to those children who were determined to be so eligible in the first school year and the number of free lunches and reduced-price lunches served during that year to other children determined for that year to be eligible for such lunches. In the case of any school that (1) elects to serve all children in that school free lunches under the.school lunch program during any period of three successive school years and (2) pays, from sources other than Federal funds, for the costs of serving such lunches which are in excess of the value of assistance received under this Act with respect to the number of lunches served during that period, special-assistance payments shall be paid to the State educational agency with respect to that school during that period on the basis of the number of lunches determined under the succeeding sentence. For purposes of making special-assistance payments in accordance with the preceding sentence, the number of lunches served by a school to children eligible for free lunches and reduced-price lunches during each school year of the three-school-year period shall be deemed to be the number of lunches served by that school to children eligible for free lunches and reducedprice lunches during the first school year of such period, unless that school elects, for purposes of computing the amount of such payments, to determine on a more frequent basis the number of children eligible for free and reduced-price lunches who are served lunches during such period.". PILOT PROJECTS

42 USC 1755.

SEC. 10. The National School Lunch Act is amended by— (1) inserting in section 6(a)(3) immediately after "participants in these programs" the following: ", for pilot projects and the cash-in-lieu of commodities study required to be carried out under section 20 of this Act,"; and (2) adding at the end thereof a new section 20 as follows: a PILOT

42 USC 1769.

PROJECTS

"SEC. 20. (a) The Secretary shall conduct pilot projects with respect to local school districts or other appropriate units, or groups of program participants, for the purpose of determining whether there may be more efficient, healthful, economical, and reliable methods of operating school lunch, school breakfast, and summer feeding pro-

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text:
Page:United States Statutes at Large Volume 91.djvu/1371

 PUBLIC LAW 95-166—NOV. 10, 1977 grams under this Act and the Child Nutrition Act of 1966, and methods for operating such programs that will result in improved delivery of benefits thereunder in accordance with the purposes of such Acts. Such projects shall, notwithstanding any other provision of law, include (1) not more than ten projects providing participating schools or other institutions the option of receiving all or part cash assistance in lieu of commodities under such Acts for such nutrition programs operated in such schools or institutions, (2) projects designed to streamline or reduce reporting requirements by local school districts, and (3) projects using the United States Department of Agriculture Extension Service to aid in nutrition training and education in schools and other institutions. "(b) The Secretary shall conduct a study to analyze the impact and effect of cash payments in lieu of commodities. The study shall be limited to a comparison between a State that phased out its commodity distribution facilities prior to June 30, 1974, and elected to receive cash payments in lieu of donated foods, and a State not eligible for cash payments in lieu of donated foods. Such study shall include an assessment of the administrative feasibility and nutritional impact of cash payments in lieu of donated foods, the cost savings, if any, that may be effected thereby at the Federal, State, and local levels, any additional costs that may be placed on programs and participating students, the impact on Federal programs designed to provide adequate income to farmers, the impact on the quality of food served, and the impact on plate waste in school lunch and breakfast programs. "(c) The Secretary shall report to Congress, not later than eighteen months after the date of the enactment of this section, on the results of the pilot projects and study conducted under this section. In connection with such pilot projects, such report shall include an assessment of the methods employed in such projects for operating school lunch, school breakfast, and summer feeding programs, in terms of the following factors— "(1) the administrative feasibility and nutritional impact; "(2) the cost savings that may be effected at Federal, State, and local levels; "(3) the impact on Federal programs designed to provide adequate income to farmers; " (4) the impact on the quality of food served; and "(5) the impact on plate waste.".

91 STAT. 1337 42 USC 1771 'lo*®Project contents,

Study,

Report to Congress, Contents,

^

SPECIAL, M I L K PROGRAM

SEC. 11. The fifth sentence of section 3 of the Child Nutrition Act of 1966 is amended to read as follows: "Children who qualify for free 42 USC 1772 lunches under guidelines set forth by the Secretary shall also be eligible for free milk, when milk is made available at times other than the periods of meal service in outlets that operate a food service program under sections 4 and 17 of the National School Lunch Act and section 42 USC 1753. 42 USC 1766. 4 of this Act.". SCHOOL BREAKFAST

PROGRAM

Infra.

SEC. 12. Section 4 of the Child Nutrition Act of 1966 is amended 42 USC 1773.

by-

(1) inserting " (1) " after the subsection designation for subsection (b); (2) striking out the last sentence in subsection (b); and (3) adding at the end of subsection (b) a new paragraph (2) as follows:

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text:
Page:United States Statutes at Large Volume 91.djvu/1372

 91 STAT. 1338 Additional payments, severe need. Maximum payment, free breakfast.

Maximum payment, reduced price breakfast. Severe need assistance, eligibility.

42 USC 1759a.

42 USC 1773.

PUBLIC LAW 95-166—NOV. 10, 1977

"(2)(A) The Secretary shall make additional payments for breakfasts served to children qualifying for a free or reduced-price meal at schools that are in severe need. "(B) The maximum payment for each such free breakfast shall be the higher of— " (i) the national average payment established by the Secretary for free breakfasts plus 10 cents, or "(ii) 45 cents, which shall be adjusted on a semiannual basis each July 1 and January 1 to the nearest one-fourth cent in accordance with changes in the series for food away from home of the Consumer Price Index published by the Bureau of Labor Statistics of the Department of Labor for the most recent sixmonth period for which such data are available, except that the initial such adjustment shall be made on January 1, 1978, and shall reflect the change in the series of food away from home during the period November 1, 1976, to October 31, 1977. "(C) The maximum payment for each such reduced-price breakfast shall be five cents less than the maximum payment for each free breakfast as determined under clause (B) of this paragraph."; and (4) amending subsection (d) to read as follows: "(d) Each State educational agency shall establish eligibility standards for providing additional assistance to schools in severe need where the rate per meal established by the Secretary is insufficient to carry out an effective breakfast program in such a school. Such eligibility standards shall be submitted to the Secretary for approval and included in the State plan of child nutrition operations required by section 11(e)(1) of the National School Lunch Act. Pursuant to those State eligibility standards, a school, upon the submission of appropriate documentation about the need circumstances in that school and the school's eligibility for additional assistance, shall be entitled to receive 100 percent of the operating costs of the breakfast program, including the costs of obtaining, preparing, and serving food, or the meal reimbursement rate specified in paragraph (2) of section 4(b) of this Act, whichever is less.". REDUCTION OF PAPERWORK

SEC. 13. The National School Lunch Act is amended by adding at the end thereof a new section 21 as follows: "REDUCTION OF PAPERWORK 42 USC 1769a. 42 USC 1771 note. Report to Congress.

"SEC. 21. In carrying out functions under this Act and the Child Nutrition Act of 1966, the Secretary shall reduce, to the maximum extent possible, the paperwork required of State and local educational agencies, schools, and other agencies participating in child nutrition programs under such Acts. The Secretary shall report to Congress not later than one year after the date of enactment of this section on the extent to which a reduction in such paperwork has occurred.". STATE ADMINISTRATIVE E X P E N S E S

42 USC 1776.

42 USC 1751 note.

SEC. 14. Section 7 of the Child Nutrition Act of 1966 is amended to read as follows: "SEC. 7. (a)(1) The Secretary shall pay to each State for its administrative costs incurred pursuant to the administration of this Act and the National School Lunch Act for the fiscal year ending

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Page:United States Statutes at Large Volume 91.djvu/1373

 PUBLIC LAW 95-166—NOV. 10, 1977 September 30, 1978, an amount equal to 1 percent, and for each of the fiscal years ending September 30, 1979, and September 30, 1980, an amount not less than 1 percent and not greater than li/^ percent of the funds used by each State under sections 4, 11, and 17 of the National School Lunch Act and under sections 3, 4, and 5 of this Act during the second fiscal year preceding the fiscal year for which the amounts are to be paid: Provided, That in no case shall the payment to any State under this section be less than $75,000 per year nor shall any State receive less than the amount allocated to it for fiscal year 1977. The percentages specified in the foregoing sentence shall apply only to the first $100,000,000 in funds used under the prescribed sections of law. For those funds used that exceed $100,000,000, the Secretary shall pay an amount equal to 1 percent of such funds. "(2) The Secretary shall make aA^ailable to States administering the child care food program, for the purpose of conducting audits of participating child care institutions, an amount up to 2 percent of the funds used by each State under section 17 of the National School Lunch Act during the second fiscal year preceding the fiscal year for which the amount is to be paid. "(b) The Secretary, in cooperation with the several States, shall develop State staffing standards for the administration by each State of sections 4,11, and 17 of the National School Lunch Act, and sections 3, 4, and 5 of this Act, that will ensure sufficient staff for the planning and administration of programs covered by State administrative expenses. "(c) Funds paid to a State under subsection (a) of this section may be used to pay salaries, including employee benefits and travel expenses, for administrative and supervisory personnel; for support services; for office equipment; and for staff development. "(d) If any State agency agrees to assume responsibility for the administration of food service programs in nonprofit private schools or child care institutions that were previously administered by the Secretary, an appropriate adjustment shall be made in the administrative funds paid under this section to the State not later than the succeeding fiscal year. "(e) Notwithstanding any other provision of law, funds available to each State under this section for fiscal year 1978 that are not obligated or expended in that fiscal year shall remain available for obligation and expenditure by that State in fiscal year 1979. For fiscal year 1979, and the succeeding fiscal year, the Secretary shall establish a date by which each State shall submit to the Secretary a plan for the disbursement of funds provided under this section for each such year, and the Secretary shall reallocate any unused funds, as evidenced by such plans, to other States as the Secretary deems appropriate. "(f) The State may use a portion of the funds available under this section to assist in the administration of the commodity distribution program. "(g) Each State shall submit to the Secretary for approval by October 1 of each year an annual plan for the use of State administrative expense funds, including a staff formula for State personnel, system level supervisory and operating personnel, and school level personnel. "(h) Payments of funds under this section shall be made only to States that agree to maintain a level of funding out of State revenues, for administrative costs in connection with programs under this Act (except section 17 of this Act) and the National School Lunch

91 STAT. 1339

42 USC 1753, 1759a, 1766.

42 USC

1772-1775. Minimum payment.

Audit expenses.

42 USC 1766. Staffing standards.

42 USC 1753, 1759a, 1766.

42 USC 1772-1775. Funds, usage.

Fund adjustment. State administered programs.

Unused funds.

State plan, use of funds.

State funding requirement. 42 USC 1786.

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Page:United States Statutes at Large Volume 91.djvu/1374

 91 STAT. 1340 42 USC 1761. Appropriation authorization.

PUBLIC LAW 95-166—NOV. 10, 1977 Act (except section 13 of that Act), not less than the amount expended or obligated in fiscal year 1977. "(i) For the fiscal years beginning October 1, 1977, and ending September 30, 1980, there are hereby authorized to be appropriated such sums as may be necessary for the purposes of this section.". NUTRITION EDUCATION AND TRAINING

SEC. 15. The Child Nutrition Act of 1966 is amended by adding at the end thereof a new section 19 as follows: "NUTRITION

42 USC 1788.

'

•

EDUCATION

AND

TRAINING

"SEC. 19. (a) Congress finds that— "(1) the proper nutrition of the Nation's children is a matter of highest priority; "(2) the lack of understanding of the principles of good nutrition and their relationship to health can contribute to a child's rejection of highly nutritious foods and consequent plate waste in school food service operations; "(3) many school food service personnel have not had adequate training in food service management skills and principles, and many teachers and school food service operators have not had adequate training in the fundamentals of nutrition or how to convey this information so as to motivate children to practice sound eating habits; "(4) parents exert a significant influence on children in the development of nutritional habits and lack of nutritional knowledge on the part of parents can have detrimental effects on children's nutritional development; and "(5) there is a need to create opportunities for children to learn about the importance of the principles of good nutrition in their daily lives and how these principles are applied in the school cafeteria. uP U R P O S E

"(b) It is the purpose of this section to encourage effective dissemination of scientifically valid information to children participating or eligible to participate in the school lunch and related child nutrition programs by establishing a system of grants to State educational agencies for the development of comprehensive nutrition information and education programs. Such nutrition education programs shall fully use as a learning laboratory the school lunch and child nutrition programs. "DEFINITIONS

"(c) For purposes of this section, the term 'nutrition information and education program' means a multidisciplinary program by which scientifically valid information about foods and nutrients is imparted in a manner that individuals receiving such information will understand the principles of nutrition and seek to maximize their well-being through food consumption practices. Nutrition education programs shall include, but not be limited to, (A) instructing students with regard to the nutritional value of foods and the relationship between food and human health; (B) training school food service personnel in the principles and practices of food service management; (C) instructing teachers in sound principles of nutrition education; and (D) developing and using classroom materials and curricula.

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Page:United States Statutes at Large Volume 91.djvu/1375

 PUBLIC LAW 95-166—NOV. 10, 1977
 * . i u H T JK

"NUTRITION

91 STAT. 1341

INFORMATION AND TRAINING

"(d)(1) The Secretary is authorized to formulate and carry out ia nutrition information and education program, through a system of grants to State educational agencies, to provide for (A) the nutritional training of educational and food service personnel, (B) the food service management training of school food service personnel, and (C) the conduct of nutrition education activities in scnools and child care institutions. "(2) The program is to be coordinated at the State level with other nutrition activities conducted by education, health, and State Cooperative Extension Service agencies. In formulating the program, the Secretary and the State may solicit the advice and recommendations of the National Advisory Council on Child Nutrition; State educational agencies; the Department of Health, Education, and Welfare; and other interested groups and individuals concerned with improvement of child nutrition. "(3) If a State educational agency is conducting or applying to conduct a health education program which includes a school-related nutrition education component as defined by the Secretary, and that health education program is eligible for funds under programs administered by the Department of Health, Education, and Welfare, the Secretary may make funds authorized in this section available to the Department of Health, Education, and Welfare to fund the nutrition education component of the State program without requiring an additional grant application. " (4) The Secretary, in carrying out the provisions of this subsection, shall make grants to State educational agencies who, in turn, may contract with land-grant colleges eligible to receive funds under the Act of July 2, 1862 (12 Stat. 503, as amended; 7 U.S.C. 301-305, 307, and 308), or the Act of August 30, 1890 (26 Stat. 417, as amended; 7 U.S.C. 321-326 and 328), including the Tuskegee Institute, other institutions of higher education, and nonprofit organizations and agencies, for the training of educational and school food service personnel with respect to providing nutrition education programs in schools and the training of school food service personnel in school food service management. Such grants may be used to develop and conduct training programs for early childhood, elementary, and secondary educational ersonnel and food service personnel with respect to the relationship etween food, nutrition, and health; educational methods and techniques, and issues relating to nutrition education; and principles and skills of food service management for cafeteria personnel. "(5) The State, in carrying out the provisions of this subsection, may contract with State and local educational agencies, land-grant colleges eligible to receive funds under the Act of July 2, 1862 (12 Stat. 503, as amended; 7 U.S.C. 301-305, 307, and 308), or the act of August 30, 1890 (26 Stat. 417, as amended; 7 U.S.C. 321-326 and 328) j including the Tuskegee Institute, other institutions of higher education, and other public or private nonprofit educational or research agencies, institutions, or organizations to pay the cost of pilot demonstration projects in elementary and secondary schools with respect to nutrition education. Such projects may include, but are not limited to, projects for the development, demonstration, testing, and evaluation of curricula for use in early childhood, elementary, and secondary education programs. "(6) Notwithstanding any other provision of this section, if, in any State, the State educational agency is prohibited by law from administering the program authorized by this section iii nonprofit private

Grants.

Coordination with other nutrition activities.

Coordination with HEW. Transfer of funds.

Nutrition training. Grants. State contractci.

E

Pilot projects. State contractsi.

Private schools, program administration.

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Page:United States Statutes at Large Volume 91.djvu/1376

 91 STAT. 1342

PUBLIC LAW 95-166—NOV. 10, 1977 schools and institutions, the Secretary may administer the program with respect to such schools and institutions. "AGREEMENTS WITH STATE AGENCIES

"(e) The Secretary is authorized to enter into agreements with State educational agencies incorporating the provisions of this section, and issue such regulations as are necessary to implement this section. a- SE OF FUNDS U

Planning and assessment grants.

Administrative expenses.

"(f)(1) The funds made available under this section may, under guidelines established by the Secretary, be used by State educational agencies for (A) employing a nutrition education specialist to coordinate the program, including travel and related personnel costs; (B) undertaking an assessment of the nutrition education needs of the State; (C) developing a Stat« plan of operation and management for nutrition education; (D) applying for and carrying out planning and assessment grants; (E) pilot projects and related purposes; (F) the planning, development, and conduct of nutrition education programs and workshops for food service and educational personnel; (G) coordinating and promoting nutrition information and education activities in local school districts (incorporating, to the maximum extent practicable, as a learning laboratory, the child nutrition programs); (H) contracting with public and private nonprofit educational institutions for the conduct of nutrition education instruction and programs relating to the purposes of this section; and (I) related nutrition education purposes, including the preparation, testing, distribution, and evaluation of visual aids and other informational and educational materials. "(2) Any State desiring to receive grants authorized by this section may, from the funds appropriated to carry out this section, receive a planning and assessment grant for the purposes of carrying out the responsibilities described in clauses (A), (B), (C), and (D) of paragraph (1) of this subsection. Any State receiving a planning and assessment grant, may, during the first year of participation, be advanced a portion of the funds necessary to carry,out such responsibilities: Provided, That in order to receive additional funding, the State must carry out such responsibilities. "(3) An amount not to exceed 15 percent of each State's grant may be used for up to 50 percent of the expenditures for overall administrative and supervisory purposes in connection with the program authorized under this section. "(4) Nothing in this section shall prohibit State or local educational agencies from making available or distributing to adults nutrition education materials, resources, activities, or programs authorized under this section. "ACCOUNTS, RECORDS, AND REPORTS

"(g)(1) State educational agencies participating in programs under this section shall keep such accounts and records as may be necessary to enable the Secretary to determine whether there has been compliance with this section and the regulations issued hereunder. Such accounts and records shall at all times be available for inspection and audit by representatives of the Secretary and shall be preserved for such period of time, not in excess of five years, as the Secretary determines to be necessary.

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Page:United States Statutes at Large Volume 91.djvu/1377

 PUBLIC LAW 95-166—NOV. 10, 1977

91 STAT. 1343

"(2) State educational agencies shall provide reports on expenditures of Federal funds, program participation, program costs, and related matters, in such form and at such times as the Secretary may prescribe. ' S T A T E COORDINATORS FOR N U T R I T I O N;

STATE

PLAN

"(h)(1) In order to be eligible for assistance under this section, State a State shall appoint a nutrition education specialist to serve as a coordinators State coordinator for school nutrition education. It shall be the respon- nutrition. sibility of the State coordinator to make an assessment of the nutrition education needs in the State as provided in paragraph (2) of this subsection, prepare a State plan as provided in paragraph (3) of this subsection, and coordinate programs under this Act with all other nutrition education programs provided by the State with Federal or State funds. "(2) Upon receipt of funds authorized by this section, the State coordinator shall prepare an itemized budget and assess the nutrition education needs of the State. Such assessment shall include, but not be limited to, the identification and location of all students in need of nutrition education. The assessment shall also identify State and local individual, group, and institutional resources within the State for materials, facilities, staffs, and methods related to nutrition education. " (3) Within nine months after the award of the planning and assess- State plan, ment grant, the State coordinator shall develop, prepare, and furnish the Secretary, for approval, a comprehensive plan for nutrition education within such State. The Secretary shall act on such plan not later than sixty days after it is received. Each such plan shall describe (A) Contents. the findings of the nutrition education needs assessment within the State; (B) provisions for coordinating the nutrition education program carried out with funds made available under this section with any related publicly supported programs being carried out within the State; (C) plans for soliciting the advice and recommendations of the National Advisory Council on Child Nutrition, the State educational agency, interested teachers, food nutrition professionals and paraprofessionals, school food service personnel, administrators, representatives from consumer groups, parents, and other individuals concerned with the improvement of child nutrition; (D) plans for reaching all students in the State with instruction in the nutritional value of foods and the relationships among food, nutrition, and health, for training food service personnel in the principles and skills of food service management, and for instructing teachers in sound principles of nutrition education; and (E) plans for using, on a priority basis, the resources of the land-grant colleges eligible to receive funds under the Act of July 2, 1862 (12 Stat. 503; 7 U.S.C. 301-305, 307, and 308), or the Act of August 30, 1890 (26 Stat. 417, as amended; 7 U.S.C. 321-326 and 328), including the Tuskegee Institute. To the maximum Review. extent practicable, the State's performance under such plan shall be Hearings. reviewed and evaluated by the Secretary on a regular basis, including the use of public hearings. APPROPRIATIONS

for

AUTHORIZED

"(]") (1) For the fiscal years beginning October 1, 1977, and Octo- FY 1977 and ber 1, 1978, grants to the States for the conduct of nutrition education 1978. and information programs shall be based on a rate of 50 cents for each

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Page:United States Statutes at Large Volume 91.djvu/1378

 91 STAT. 1344

PUBLIC LAW 95-166—NOV. 10, 1977

child enrolled in schools or in institutions within the State, except that no State shall receive an amount less than $75,000 per year. FY 1979. "(2) For the fiscal year beofinning October 1, 1979, there is hereby authorized to be appropriated for grants to each State for the conduct of nutrition education and information programs, an amount equal to the higher of (A) 50 cents for each child enrolled in schools or in institutions within each State, or (B) $75,000 for each State. Grants to each State from such appropriations shall be based on a rate of 50 cents for each child enrolled in schools or in institutions within such State, except that no State shall receive an amount less than $75,000 for that year. If funds appropriated for such year are insufficient to pay the amount to which each State is entitled under the preceding sentence, the amount of such grant shall be ratably reduced to the extent necessary so that the total of such amounts paid does not exceed the amount of appropriated funds. If additional funds become available for making such payments, such amounts shall be increased on the same basis as they were reduced. Enrollment data. "(3) Enrollment data used for purposes of this subsection shall be the latest available as certified by the Office of Education of the Department of Health, Education, and Welfare.". NATIONAL ADVISORY COUNCIL ON CHILD

42 USC 1763.

NUTRITION

S E C 16. Section 15 of the National School Lunch Act is amended py.. . (1) striking out in the first sentence "fifteen" and inserting in lieu thereof "nineteen"; (2) inserting immediately after "classroom teacher," in the second sentence the following: "two members shall be parents of children in schools that participate in the school lunch program under this Act, two members shall be senior high school students who participate in the school lunch program under this Act,"; (3) amending subsection (b) to read as follows: Term. "(b) The fifteen members of the Council appointed from outside the Department of Agriculture shall be appointed for terms of two years, except that the appointments for 1978 shall be made as follows: Two replacements, one parent, and one senior high school student shall be appointed for terms of two years; and two replacements, one parent, and one senior high school student shall be appointed for terms of one year. Thereafter, all appointments shall be for a term of two years, except that a person appointed to fill an unexpired term shall serve only for the remainder of such term. Parents and senior high school students appointed to the Council shall be members of State or school district child nutrition councils or committees actively engaged in providing program advice and guidance to school officials administering the school lunch program. Such appointments shall be made in a manner to balance rural and urban representation between parents and students. Members appointed from the Department of Agriculttire shall serve at the pleasure of the Secretary."; and Personal (4) striking out the period at the end of subsection (h) and expenses, inserting in lieu thereof the following: ": Provided, That memcompensation. h^x'S. serving as parents, in addition to reimbursement for necessary travel and subsistence, shall, at the discretion of the Secretary, be compensated for other personal expenses related to ^ participation on the Council, such as child care expenses and lost wages during scheduled Council meetings.".

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Page:United States Statutes at Large Volume 91.djvu/1379

 PUBLIC LAW 95-166—NOV. 10, 1977

91 STAT. 1345

REGULATIONS ON SALE OF COMPETITIVE FOODS

SEC. 17. Section 10 of the Child Nutrition Act of 1966 is amended 42 USC 1779. by inserting "approved by the Secretary" after "competitive foods" in the second sentence. NATIONAL ADVISORY COUNCIL ON THE SPECIAL SUPPLEMENTAL FOOD PROGRAM FOR W O M E N, I N F A N T S, AND CHILDREN

SEC. 18. Section 17(h)(8) of the Child Nutrition Act of 1966 is amended by striking out the period at the end thereof and inserting in lieu thereof the following: ": Provided, That parent recipient members of the Council, in addition to reimbursement for necessary travel and subsistence, shall, at the discretion of the Secretary, be compensated for other personal expenses related to participation on the Council, such as child care expenses and lost wages during scheduled Council meetings.".

42 USC 1786.

TECHNICAL AMENDMENTS TO THE NATIONAL SCHOOL L U N C H ACT

SEC. 19. Effective July 1, 1977, the National School Lunch Act is amended by— (a) striking out "fiscal" the second and third time that word appears in section 6(e) of the Act and inserting in lieu thereof "school"; (b) amending section 7 of the Act as follows: (1) by amending the first sentence to read as follows: "Funds appropriated to carry out section 4 or 5 during any fiscal yeq,r shall be available for payment to the States for disbursement by State educational agencies, in accordance with such agreements, not inconsistent with the provisions of this Act, as may be entered into by the Secretary and such State educational agencies, for the purpose of assisting schools of the States in supplying (1) agricultural commodities and other foods for consumption by children and (2) food service equipment assistance in furtherance of the school lunch program authorized under this Act."; (2) by striking out "fiscal" the second time that word appears in the third sentence and inserting in lieu thereof "fiscal or school"; (3) by striking out "fiscal" in the fourth sentence and inserting in lieu thereof "fiscal or school"; (4) by amending the sixth sentence to read as follows: "For the school year beginning in 1976, State revenue (other than revenues derived from the program) appropriated or used specifically for program purposes (other than salaries and administrative expenses at the State, as distinguished from local, level) shall constitute at least 8 percent of the matching requirement for the preceding school year, or, at the discretion of the Secretary, fiscal year, and for each school year thereafter, at least 10 percent of the matching requirement for the preceding school year."; (c) inserting at the end of section 12(d) of the Act a new paragraph (7) as follows: "(7) 'School year' means the annual period determined in accordance with regulations issued by the Secretary."; and (d) striking out "fiscal year" each time that phrase appears in the last sentence of section 17(e) of the Act and inserting in lieu thereof "school year".

Effective date.

42 USC 1755. Payments to States. 42 USC 1756. 42 USC 1753, 1754.

42 USC 1756.

"School year." 42 USC 1760.

42 USC 1766.

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Page:United States Statutes at Large Volume 91.djvu/1380

 91 STAT. 1346

PUBLIC LAW 95-166—NOV. 10, 1977 TECHNICAL AMENDMENTS TO THE CHnjD NUTRITION ACT OF

Effective date.

42 USC 1772.

42 USC 1774.

"School year." 42 USC 1784.

42 USC 1786.

1966

SEC. 20. Effective July 1, 1977, the Child Nutrition Act of 1966 is amended by— (1) striking out "fiscal" the second and third time that word appears in the sixth sentence of section 3 of the Act and inserting in lieu thereof "school"; (2) striking out "thereafter, beginning with the fiscal year ending June 30, 1976," in the sixth sentence of section 3 of the Act; (3) striking out "fiscal" the first and second time that word appears in section 5(b) of the Act and inserting in lieu thereof "school"; (4) striking out "fiscal" each place that word appears in section 5(d) of the Act and inserting in lieu thereof "school"; (5) inserting at the end of section 15 of the Act the following new paragraph (e): "(e) 'School year' means the annual period determined in accordance with regulations issued by the Secretary."; and (6) striking out "by January 1 of each year (by December 1 in the case of fiscal year 1976)" in the second sentence of section 17(d) of the Act and inserting in lieu thereof "each year by not later than a date specified by the Secretary". Approved November 10, 1977.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 95-281 (Comm. on Education and Labor) and No. 95-708 (Comm. of eonference). SENATE REPORTS: No. 95-277 accompanying S. 1420 (Comm. on Agriculture, Nutrition, and Forestry) and No. 95-504 (Comm. of eonference). CONGRESSIONAL RECORD, Vol. 123 (1977):May 18, considered and passed House. lJune 30, considered and passed Senate, amended, in lieu of S. 1420. Oct. 27, House agreed to conference report. Oct. 28, Senate agreed to conference report.

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 PUBLIC LAW 95-167—NOV. 11, 1977

91 STAT. 1347

Public Law 95-167 95th Congress An Act To amend the Federal charter of the Big Brothers of America to include Big Sisters International, Incorporated, 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) the first section of the Act entitled "An Act to incorporate the Big Brothers of America", approved September 2, 1958 (36 U.S.C. 881 et seq.) is amended— (1) by inserting " (a) " before "the following"; (2) by striking out "Big Brothers of America" and inserting in lieu thereof "Big Brothers—Big Sisters of America"; and (3) by adding at the end thereof the following new subsection: "(b) This Act may be cited as the 'Big Brothers—Big Sisters of America'." (b) Section 3 of such Act (36 U.S.C. 883) is amended— (1) by striking out "boys" and inserting in lieu thereof "individuals"; and (2) by striking out "and Canada". (c) Section 5(a) of such Act (36 U.S.C. 885(a)) is amended by striking out "and in Canada to the extent permitted by Canadian laws". (d) Section 7(a) of such Act (36 U.S.C. 887(a)) is amended by striking out "section 16" and inserting in lieu thereof "section 16(a)". (e) Section 15 of such Act (36 U.S.C. 895) is amended— (1) by striking out "the name, The Big Brothers of America" and inserting in lieu thereof the following: "any of the following names: The Big Brothers of America; Big Sisters International, Incorporated; Big Sisters of America; Big Brothers; Big Sisters; Big Brothers—Big Sisters of America; and Big Sisters— Big Brothers"; and (2) by striking out "section 16 of this title" and inserting in lieu thereof the following: "section 16(a) of this Act, and by the District of Columbia corporation. Big Sisters International, Incorporated, described in section 16(b) of this Act,". (f) Section 16 of such Act (36 U.S.C. 896) is amended— (1) by inserting " (a) " before "The corporation"; and (2) by adding at the end thereof the following new subsection: "(b) The corporation may acquire the assets of Big Sisters International, Incorporated, a corporation organized under the laws of the District of Columbia, upon discharging or satisfactorily providing for the payment and discharge of all of the liability of such corporation and upon complying with all laws of the District of Columbia applicable thereto.".

Nov. 11, 1977 [S. 2208] Big Brothers of America. Federal charter, amendment.

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Page:United States Statutes at Large Volume 91.djvu/1382

 91 STAT. 1348

PUBLIC LAW 95-167—NOV. 11, 1977' SEC. 2. Paragraph (11) of the iirst section of the Act entitled "An Act to provide for audit of accounts of private corporations established under Federal Law", approved August 30, 1964 (36 U.S.C. 1101(11)) is amended to read as follows: " (11) Big Brothers—Big Sisters of America.". Approved November 11, 1977.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-750 accompanying H.R. 7249 (Comm. on the Judiciary). SENATE REPORT No. 95-510 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 123 (1977): Oct. 20, considered and passed Senate. Oct. 3 1, Nov. 1, considered and passed House, in lieu of H.R. 7249.

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Page:United States Statutes at Large Volume 91.djvu/1383

 PUBLIC LAW 95-168—NOV. 11, 1977

91 STAT. 1349

Public Law 95-168 95th Congress An Act Granting an extension of patent to the United Daugliters of the Confederacy. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled., That a certain design patent issued by the United States Patent Office of date November 8, 1898, being patent numbered 29,611, which is the insignia of the United Daughters of the Confederacy, which was renewed and extended for a period of fourteen years by Public Law Numbered 213, Eighty-eighth Congress, approved December 18, 1963, is hereby renewed and extended for an additional period of fourteen years from and after the date of enactment of this Act, with all the rights and privileges pertaining to the same, being generally known as the insignia of the United Daughters of the Confederacy. Approved November 11, 1977.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-745 (Comm. on the Judiciary). SENATE REPORT No. 95-152 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 123 (1977): May 13, considered and passed Senate. Oct. 31, considered and passed House.

INov. 11, 1977_ [S. 810] United Daughters °!f *^® p°° ^ eracy. extension. 77 Stat. 421.

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Page:United States Statutes at Large Volume 91.djvu/1384

 91 STAT. 1350

PUBLIC LAW 95-169—NOV. 12, 1977

Public Law 95-169 95th Congress An Act Nov. 12, 1977 [H.R. 2527]

Madera Cemetery District, Madera, Calif. Conveyance.

Easements.

Payment.

To authorize the Secretary of Agriculture to convey certain lands in the Sierra National Forest, California, to the Madera Cemetery District.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, subject to section 2 of this Act, the Secretary of Agriculture is authorized and directed to convey to the Madera Cemetery District, Madera, California, all right, title, and interest of the United States in and to a tract of land comprising approximately twenty acres in the Sierra National Forest, Madera County, California, more particularly described as the south one-half of the northeast quarter of the northwest quarter of section 19, township 8 south, range 23 east, Mount Diablo meridian. SEC. 2. (a) The conveyance authorized by this Act shall reserve easements for existing facilities such as roads, telephone lines, pipelines, electric power transmission lines; and shall reserve such easements for roads as the Secretary of Agriculture finds necessary to assure access to lands of the United States or to meet public needs. (b) The conveyance authorized by this Act shall only be made if, within one year after the date of this Act the Madera Cemetery District makes payment for the tract at a price to be fixed by the Secretary of Agriculture through appraisal or otherwise, after he takes into consideration the purpose for which the lands are to be used. Approved November 12, 1977.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-192 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 95-518 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 123 (1977): May 2, considered and passed House. Oct. 28, considered and passed Senate.

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Page:United States Statutes at Large Volume 91.djvu/1385

 91 STAT. 1351

PUBLIC LAW 95-170—NOV. 12, 1977

Public Law 95-170 95th Congress An Act To suspend until July 1, 1978, the rate of duty on mattress blanks of latex rubber, and for other purposes.

Nov. 12, 1977 [H.R. 2849]

Be it enacted by the Senate and House of Representatives of the United States of America m Congress assembled, That (a) subpart B of part 1 of the Appendix to the Tariff Schedules of the United States (19 U.S.C. 1202) is amended by inserting immediately after item 912.07 the following new item:

Mattress blanks of latex rubber, duty suspension. 19 USC 1202 app.

912.08 I Mattress blanks of rabber latex (provided for in I I item 727.86, part 4A, schedule 7)
 * Free

No change | On or before 6/30/78

(b) The amendment made by subsection (a) shall apply with respect to articles entered, or withdrawn from warehouse, for consumption on or after the date of the enactment of this Act. (c) Upon request therefor filed with the customs officer concerned on or before the ninetieth day after the date of the enactment of this Act, the entry or withdrawal of any article— (1) which was made after May 9, 1977, and before the date of the enactment of this Act, and (2) with respect to which there would have been no duty if the amendment made by subsection (a) applied to such entry or withdrawal, shall notwithstanding the provisions of section 514 of the Tariff Act of 1930 or any other provision of law, be liquidated or reliquidated as though such entry or withdrawal had been made on the date of the enactment of this Act. SEC. 2. (a) Subpart D of part 5 of schedule 7 of the Tariff Schedules of the United States (19 U.S.C. 1202) is amended by striking out item 734.97 and inserting in lieu thereof the following: Bobsleds and luges of a kind used in international I competition Free 734.99 I other. 9% ad val. 734.98

Effective date. 19 USC 1202 app. note.

19 USC 1514.

Free 45% ad val.

(b) The amendments made by subsection (a) shall apply with respect to articles entered, or withdrawn from warehouse, for coneumption on or after the date of enactment of this Act.

Effective date. 19 USC 1202 note.

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Page:United States Statutes at Large Volume 91.djvu/1386

 91 STAT. 1352 26 USC 507 note. 26 USC 507, '^^'^l-

Effective date.

PUBLIC LAW 95-170—NOV. 12, 1977

SEC. 3. In determining whether a person is a substantial contributor within the meaning of section 507(d)(2) of the Internal Revenue Code of 1954 for purposes of applying section 4941 of such Code (relating to taxes on self-dealing), contributions made before October 9, 1969, which— (1) were made on account of or in lieu of payments required under a lease in effect before such date, and (2) were coincident with or by reason of the reduction in the required payments under such lease, shall not be taken into account. For purposes of applying section 507(d)(2)(B) (iv) of such Code, the preceding sentence shall be treated as having taken effect on January 1, 1970. Approved November 12, 1977.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-422 (Comm. on Ways and Means). SENATE REPORT No. 95-433 (Comm. on Finance). CONGRESSIONAL RECORD, Vol. 123 (1977): July 18, considered and passed House. Sept. 21, considered and passed Senate, amended. Oct. 25, House concurred in certain Senate amendments, in No. 7 with an amendment. Oct. 27, Senate concurred in House amendment.

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Page:United States Statutes at Large Volume 91.djvu/1387

 PUBLIC LAW 95-171—NOV. 12, 1977

91 STAT. 1353

Public Law 95-171 95th Congress An Act To extend certain Social Security Act provisions, and for other purposes. Be it enacted ty the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. (a) Section 3 of Public Law 94-401 is amended— (1) by inserting " and the fiscal year ending September 30, 1978," after "1977," in the matter preceding paragraph (1) of subsection (a); (2) by inserting "and such fiscal year ending September 30, 1978," after "1977," in subsection (a)(1)(B); (3) by striking out "or fiscal year" in subsection (a)(2) and inserting in lieu thereof "or either such fiscal year"; (4) by striking out "or fiscal year" in subsections (b), (c)(1), and (c)(2)(A) and inserting m lieu thereof in each instance "or either fiscal year"; (5) by inserting ", or the fiscal year ending September 30, 1978" before the period at the end of subsection (d)(1); and (6) by striking out "for such fiscal year" in subsection (d)(2) and inserting in lieu thereof "for either such fiscal year", (b) Section 5(b) of Public Law 94-401 is amended by striking out "September 30, 1977" and "October 1, 1977" and inserting in lieu thereof "September 30, 1978" and "October 1, 1978", respectively. (c) Section 6 of Public Law 94-401 is amended by striking out "September 30, 1977" and "October 1, 1977" and inserting in lieu thereof "September 30, 1978" and "October 1, 1978", respectively. (d) Section 7(a)(3) of Public Law 93-647 is amended by striking out "October 1, 1977" and inserting in lieu thereof "October 1, 1978". (e) Section 50B(a)(2)(B) of the I n t e r n a l Revenue Code of 1954 (definition of Federal welfare recipient employment incentive expenses) is amended by striking out "October 1, 1977" and inserting in lieu thereof "October 1, 1978". (f) The amendments made by this section shall be effective on October 1, 1977. SEC. 2. (a) Section 3304(a)(6)(A) of the Internal Revenue Code (relating to approval of State unemployment compensation laws) is amended by striking out " and " at the end of clause (ii) and by adding at the end thereof the following new clause: " ( i v) with respect to any services described in clause (i) or ( i i), compensation payable on the basis of services in any such capacity may be denied as specified in clauses (i), ( i i), and (iii) to any individual who performed such services in an educational institution while in the employ of an educational service agency, and for this purpose the term 'educational service agency' means a governmental agency or governmental entity which is established and operated exclusively for the purpose of providing such services to one or more educational institutions, and", (b) The amendments made by subsection (a) shall apply with respect to weeks of unemployment which begin after December 31, 1977.

Nov. 12, 1977 [H.R. 3387] Social Security Act, amendments. 42 USC 1397a note.

42 USC 1397a note. 42 USC note. 42 USC 42 USC note. 26 USC

1397a 1397b. 1397 SOB.

Effective dat«;. 26 USC SOB note. State unemployment compensation laws, approval.

26 USC 3304.

"Educational service agency.

26 USC 3304 note.

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Page:United States Statutes at Large Volume 91.djvu/1388

 91 STAT. 1354 42 USC 603.

PUBLIC LAW 95-171—NOV. 12, 1977

SEC. 3, (a)(1) Section 403(a) of the Social Security Act is amended by striking out "10" in each of the last ty.'o sentences and inserting in lieu thereof "20". Families with (2) Section 406(b) of such Act is amended— dependent (A) by striking out the semicolon at the end of clause (2)(E) children, aid and inserting in lieu thereof a period; and payments. (B) by adding at the end thereof (after and below clause 42 USC 606. (2)(E)) the following new sentences: "Payments with respect to a dependent child which are intended to enable the recipient to pay for specific goods, services, or items recognized by the State agency as a part of the child's need under the State plan may (in the discretion of the State or local agency administering the plan in the political subdivision) be made, pursuant to a determination referred to in clause (2)(A), in the form of checks d r a w n jointly to the order of the recipient and the person furnishing such goods, services, or items and negotiable only upon endorsement by both such recipient and such person; and payments so made shall be considered for all of the purposes of this part to be payments described in clause (2). Whenever payments with respect to a dependent child are made in the manner described in clause (2) (including payments described in the preceding sentence), a statement of the specific reasons for making such payments in that manner (on which the determination under clause (2)(A) was based) shall be placed in the file maintained with respect to such child by the State or local agency administering the State plan in the political subdivision.". Effective date. (3) The amendments made by this subsection shall apply wath 42 USC 603 note. respect to payments of aid to families with dependent children made for months beginning on or after October 1, 1977. State aid plans, (b) Notwithstanding any other provision of law, Federal financial Federal financial participation in aid to families with dependent children under a State participation. plan approved under section 402 of the Social Security Act, for 42 USC 606 note. quarters (with respect to which expenditure reports were timely filed 42 USC 602. by the State) during the period beginning with the calendar quarter 42 USC 302 note. in which Public Law 90-248 was enacted and ending wnth the first calendar quarter of 1977, shall not be denied, on or after October 1, 1977, by reason of the provision of goods, services, or items in the form of a check which is d r a w n jointly to the order of the recipient and the person furnishing such goods, services, or items and which shows the purpose for which the check is drawn, or by reason of the failure of the State to meet the requirement of the last two sentences of section 403(a) of such Act or the failure of the State (or any political subdivision thereof) to carry out the functions and duties prescribed in clauses (A), (B), (C), and (E) of section 40r)(b)(2) of such Act, regardless of the form in which the aid involved was paid, if (and to the extent that) the amount of such aid was correct and the payment of the aid in that form did not result in assistance in cases or in amounts not authorized by or under part A of title IV of such Act.

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Page:United States Statutes at Large Volume 91.djvu/1389

 PUBLIC LAW 95-171—NOV. 12, 1977 SEC. 4. (a) Section 167(k) of the I n t e r n a l Revenue Code of 1954 (relating to depreciation of expenditures to rehabilitate low-income rental housing) is amended by striking out " January 1, 1978" each place it appears and inserting in lieu thereof " January 1, 1979". (b) Section 203(b) of the T a x Reform Act of 1976 is amended by striking out ", and 'before January 1, 1978, and expenditures made pursuant to a binding contract entered into before January 1, 1978". SEC. 5. Section 4(c) of the Act entitled " A n Act to suspend until the close of June 30, 1975, the duty on certain carboxmethyl cellulose salts, and for other purposes", approved October 26, 1974 (Public Law 93-483), is amended to read as follows: " (c) EFFECTIVE DATE.—The provisions of this section shall apply with respect to amounts received during calendar years 1973, 1974, and 1975, and, in the case of a member of a uniformed service receiving training after 1975 and before 1979 in programs described in subsection (a), with respect to amounts received after 1975 and before 1983." SEC. 6. (a) Section 2(b) of Public Law 94-331 is amended by striking out "and before December 31, 1976". (b) The effective date of this section shall be the first day of the calendar quarter following enactment of this Act. SEC. 7. (a) Section 4(b) of Public Law 94-331 is amended by striking out "and before December 31, 1976". (b) The effective date of this section shall be the first day of the calendar quarter following enactment of this Act. SEC. 8. (a) Section 1612(b) of the Social Security Act is amended— (1) by striking out " and " at the end of paragraph (10) thereof, (2) by striking out the period at the end of paragraph (11) thereof and inserting in lieu of such period the following: "; and", and (3) by adding after and below paragraph (11) thereof the following new paragraph: "(12) interest income received on assistance funds referred to in paragraph (11) within the 9-month period beginning on the date such funds are received (or such longer periods as the Secretary shall by regulations prescribe in cases where good cause is shown by the individual concerned for extending such period).". (b) The amendment made by this section shall be effective July 1, 1976, with respect to catastrophes which occurred on or after June 1, 1976, and before December 31, 1976. W i t h respect to catastrophes which occurred on or after December 31, 1976, the amendment made by this section shall be effective the first day of the calendar quarter following enactment of this Act. SEC. 9. (a) The first sentence of section 1613(a) of the Social Security Act is amended— (1) by striking out " and " at the end of paragraph (4) thereof, (2) by striking out the period at the end of paragraph (5) thereof and inserting in lieu of such period the following: "; and", and

91 STAT. 1355 26 USC 167,

26 USC 167 note. 26 USC 117 Bote.

Effective date.

42 USC 1382a note. Effective date. 42 USC 1382a note. 42 USC 1382a note. Effective date. 42 USC 1382a note. Interest income on assistance funds. 42 USC 1382a.

Effective dates. 42 USC 1382a note.

42 USC 1382b.

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Page:United States Statutes at Large Volume 91.djvu/1390

 91 STAT. 1356

42 USC 1382a.

Effective date. 42 USC 1382b note.

26 USC 3501.

26 USC 3506.

"Sitters."

Regulations.

Effective date. 26 USC 3506 note.

PUBLIC LAW 95-171—NOV. 12, 1977 (3) by adding after and below paragraph (5) thereof the following new paragraph: " (6) assistance referred to in section 1612(b) (11) for the 9-month period beginning on the date such funds are received (or for such longer period as the Secretary shall by regulations prescribe in cases where good cause is shown by the individual concerned for extending such period); and, for purposes of this paragraph, the term 'assistance' includes interest thereon which is excluded from income under section 1612(b) (12).". (b) The amendment made by this section shall be effective July 1, 1976, with respect to catastrophes which occurred on or after June 1, 1976, and before December 31, 1976. W i t h respect to catastrophes which occurred on or after December 1, 1976, the amendment made by this section shall be effective the first day of the calendar quarter following enactment of this Act. SEC. 10. (a) Chapter 25 of the Internal Revenue Code of 1954 (relating to general provisions for employment taxes) is amended by addintr at the end thereof the following; new section: " SEC. 3506. I N D IV I D U A L S PROVIDING COMPANION TING P L A C E M E N T SERVICES.

SIT-

" (a) IN GENERAL.—For purposes of this subtitle, a person engaged in the trade or business of putting sitters in touch with individuals who wish to employ them shall not be treated as the employer of such sitters (and such sitters shall not be treated as employees of such person) if such person does not pay or receive the salary or wages of the sitters and is compensated by the sitters or the persons who employ them on a fee basis. " (b) DEFINITION. — For purposes of this section, the term 'sitters' means individuals who furnish personal attendance, companionship, or household care services to children or to individuals who are elderly or disabled. " (c) REGULATIONS.—The Secretary shall prescribe such regulations as may be necessary to carry out the purpose of this section.". (b) The table of sections for such chapter is amended by adding at the end thereof the following new item: "Sec. 3506. Individuals providing companion sitting placement services.". (c) The amendments made by this section shall apply to remuneration received after December 31, 1974. (d) The amendments made by this section shall not be construed as affecting (1) any individual's r i g h t to receive unemployment compensation based on services performed before the date of the enactment of this Act, or (2) any individual's eligibility for social security benefits to the extent based on services performed before that date.

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Page:United States Statutes at Large Volume 91.djvu/1391

 PUBLIC LAW 95-171—NOV. 12, 1977 SEC. 11. Section 457(c) of the Social Security Act is amended— (a) in paragraph (1) — (1) by striking out "such support payments" and inserting in lieu thereof "amounts of child support payments which represent monthly support payments", and (2) by inserting ", which represent monthly support payments," immediately after "amounts so collected", and (b) in paragraph (2) — (1) by striking out "such support payments" and inserting in lieu thereof "amounts of child support payments which ' '' represent monthly support payments", (2) by inserting ", which represents monthly support payments," immediately after "amount so collected", and (3) by striking out the period at the end thereof and inserting in lieu of such period a comma, and (c) by adding at the end thereof the following new provision: "and so much of any amounts of child support so collected as are in excess of the payments required to be made in paragraph (1) shall be distributed in the manner provided by subsection (b)(3)(A) and (B) with respect to excess amounts described in subsection (b).". Approved November 12, 1977.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-439 (Comm. on Ways and Means). SENATE REPORT No. 95-456 (Comm. on Finance). CONGRESSIONAL RECORD, VoL 123 (1977): July 18, considered and passed House. Oct. 17, considered and passed Senate, amended. Oct. 25, House concurred in Senate amendment with an amendment. Oct. 27, Senate concurred in House amendment.

91 STAT. 1357 42 USC 657.

Child support proceeds, distribution,

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Page:United States Statutes at Large Volume 91.djvu/1392

 PUBLIC LAW 95-172—NOV. 12, 1977

9 1 STAT. 1358

Public Law 95-172 95th Congress An Act Nov. 12, 1977 [H.R. 3373]

To extend for an additional temporary period the existing suspension of duties on certain classifications of yarns of silli, and for other purposes.

Be it enacted by the Senate and House of Representatives of the Certain silk United States of America in Congress assembled, That (a) items yarns, duty 905.30 and 905.31 of the Appendix to the Tariff Schedules of the suspension, United States (19 U.S.C. 1202) are each amended by striking out extension; Internal Revenue " 1 1 / 7 / 7 5 " and inserting in lieu thereof "6/30/80". (b) The amendment made by subsection (a) shall apply with respect Code of 1954, to articles entered, or withdrawn from warehouse, for consumption on amendment. or after the date of the enactment of this Act. 19 USC 1202 app. (c) Upon request therefore filed with the customs officer concerned Effective date. on or before the 90th day after the date of the enactment of this Act, 19 USC 1202 the entry or withdrawal of any article— app. note. (1) which was made after November 7, 1975, and before the date of the enactment of this Act, and (2) with respect to which there would have been no d u t y if the amendment made by subsection (a) applied to such entry or withdrawal, shall, notwithstanding the provisions of section 514 of the Tariff Act 19 USC 1514. of 1930 or any other provision of law, be liquidated or reliquidated as though such entry or withdrawal had been made on the date of the enactment of this Act. Computation of SEC. 2. (a) Section 4254 of the Internal Revenue Code of 1954 (relattax. ing to computation of tax) is amended by adding at the end thereof 26 USC 4254. the following new subsection: "(c)

Effective date. 26 USC 4254 note.

CERTAIN STATE AND LOCAL TAXES N O T INCLUDED.—For p u r -

poses of this subchapter, in determining the amounts paid for communications services, there shall not be included the amount of any State or local tax imposed on the furnishing or sale of such services, if the amount of such tax is separately stated in the bill." (b) The amendment made by this section shall take effect only with respect to amounts paid pursuant to bills first rendered on or after the first day of the first month which begins more than 20 days after the date of the enactment of this Act. For purposes of the preceding sentence, in the case of communications services rendered more than 2 months before the effective date provided in the preceding sentence, no bill shall be treated as having been first rendered on or after such effective date. Approved November 12, 1977.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-426 (Comm. on Ways and Means). SENATE REPORT No. 95-434 (Comm. on Finance). CONGRESSIONAL RECORD, Vol. 123 (1977): July 18, considered and passed House. Sept. 21, considered and passed Senate, amended. Oct. 25, House concurred in certain Senate amendments, in others with amendment; disagreed to amendment no. 6. Oct. 27, Senate receded and concurred in House amendments.

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Page:United States Statutes at Large Volume 91.djvu/1393

 PUBLIC LAW 95-173—NOV. 12, 1977

91 STAT. 1359

Public Law 95-173 95th Congress An Act To authorize appropriations for fiscal year 1978 for certain niaritiuie programs of the Department of Commerce, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Maritime Appropriation Authorization Act for Fiscal Year 1978". SEC. 2. Funds are authorized to be appropriated without fiscal year limitation as the appropriation Act may provide for the use of the Department of Commerce, for the fiscal year 1978, as follows: (1) for acquisition, construction, or reconstruction of vessels and construction-diiferential subsidy and cost of national defense features incident to the construction, reconstruction, or reconditioning of ships, not to exceed $135,000,000; (2) for payment of obligations incurred for operating-diiferential subsidy, not to exceed $372,109,000: Provided, however. That no funds authorized by this paragraph may be paid after • the 240th day after the date of the enactment of this Act to any • liner company unless its chief executive officer certifies under oath to the Secretary of Connnerce that he (A) is using and will use reasonable diligence to insure that, for the period during which these funds are to be received, no company owner, employee, or agent will pay any rebates which are illegal under the S h i p p i n g Act, 1916, and (B) will fully cooperate with the Federal Maritime Connnission in its investigation of illegal rebating in United States foreign and domestic trades, and in its efforts to end such illegal procedures; (3) for expenses necessary for research and development activities, not to exceed $20,725,000; (4) for reserve fleet expenses, not to exceed $5,137,000; (5) for maritime t r a i n i n g at the Merchant Marine Academy at K i n g s Point, New York, not to exceed $14,656,000; and (6) for financial assistance to State marine schools, not to exceed $5,970,000. SEC. 3. There are authorized to be appropriated for the fiscal year 1978, in addition to the amounts authorized by section 2 of this Act, such additional supplemental amounts for the activities for which appropriations are authorized under section 2 of this Act, as may be necessary for increases in salary, pay, retirement, or other employee benefits authorized by law, and for increased costs of public utilities, food service, and other expenses of the Merchant Marine Academy at Kings Point, New York. SEC. 4, Section 4 of the Maritime Academy Act of 1958 (46 U.S-C. 1383) is amended by striking out "$75,000" and inserting in lieu thereof "$100,000". SEC. 5. Section 6(a) of the Maritime Academy Act of 1958, as amended (46 U.S.C. 1 3 8 5 (a)), is amended by striking out "$600" and inserting in lieu thereof "$1,200".

Nov. 12, 1977 [S. 1019]

Maritime Appropriation Authorization Act for Fiscal Year 1978.

Rebates, prohibited use of funds. Certification.

46 USC 801.

Additional appropriations.

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Page:United States Statutes at Large Volume 91.djvu/1394

 91 STAT. 1360

46 USC 1126.

Effective date. 46 USC 1119 note.

Assistant Secretary of eommerce, establishment of additional office. 15 USC 1507b.

PUBLIC LAW 95-173—NOV. 12, 1977 SEC. 6. (a) Section 209(b) of the Merchant Marine Act, 1936, as amended (46 U.S.C. 1119(b)), is further amended by striking out "and" after the semicolon at the end of item (7), and by inserting immediately after item (8) the following new items: "(9) expenses necessary for extension and correspondence courses authorized under section 216(c) of this Act; and "(10) other operations and training expenses related to the development of waterborne transportation systems, the use of waterborne transportation systems, or general administration;". (b) The amendment made by subsection (a) of this section shall be effective for fiscal years beginning after September 30, 1978. SEC. 7. Subsections (c) and (d) of section 216 of the Merchant Marine Act, 1936, as amended (46 U.S.C. 1126), are each amended by striking out "Commission" wherever it appears therein and inserting in lieu thereof "Secretary of Commerce". SEC. 8. Section 509 of the Merchant Marine Act, 1936 (46 U.S.C. 1159) is amended by inserting in the fourth sentence thereof immediately after "eight knots" the following: ", or in the case of a ferry operating solely in point-to-point transportation which is designed to be of not less than seventy-five gross tons and to be capable of a sustained speed of not less than eight knots,". SEC. 9. (a) There shall be in the Department of Commerce, in addition to the Assistant Secretaries provided by law as of the date of the enactment of this Act, one additional Assistant Secretary of Commerce who shall be appointed by the President, by and with the advice and consent of the Senate. Such Assistant Secretary shall receive compensation at the rate prescribed by law for Assistant Secretaries of Commerce, and shall perform such duties as the Secretary of Commerce shall prescribe. (b) Section 5315 of title 5, United States Code, is amended by striking out paragraph (12) and inserting in lieu thereof: ., "(12) Assistant Secretaries of Commerce (8).". Approved November 12, 1977.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 95-332 accompanying H.R. 4963 (Gomm. on Merchant Marine and Fisheries) and 95-747 (Comm. of eonference). SENATE REPORT No. 95-160 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD, Vol. 123 (1977): May 24, considered and passed Senate. July 13, considered and passed House, amended, in lieu of H.R. 4963. Oct. 31, House agreed to conference report. Nov. 1, Senate agreed to conference report.

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Page:United States Statutes at Large Volume 91.djvu/1395

 PUBLIC LAW 95-174—NOV. 12, 1977

91 STAT. 1361

Public Law 95-174 95th Congress An Act To authorize the Secretary of Agriculture to convey certain homesites within the Chugach and Tongass National Forests, Alaska.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of Agriculture is authorized to convey the following tracts of national forest land in Alaska, occupied as homesites, to the present occupants of said lands or their lawful successors in interest: Provided, That such persons would otherwise qualify to purchase said lands under the requirements of the Act of May 14, 1898, as amended (43 U.S.C. 687a): Chugach National Forest Homesite numbered 222, Clear Lake group, lot 3, United States survey numbered 4979, containing 1.58 acres. Homesite numbered 205, Clear Lake group, lot 1, United States survey numbered 4979, containing 1.68 acres. Homesite numbered 208, Heney Creek group, lot 31, United States survey numbered 3601, containing 3.03 acres. Homesite numbered 210, Heney Creek group, lot 46, United States survey numbered 3601, containing 1.75 acres. Homesite numbered 225, Lakeview group, lots M and LL, United States survey numbered 3533, containing 2.15 acres. Homesite numbered 224, Lawing Extension group, lot 4, United States survey numbered 3532, containing 1.60 acres. Homesite numbered 186, Snug Harbor group, lot 3, United States survey numbered 3531, containing 1.58 acres. Tongass National Forest Homesite numbered 1144, Gartina Game Creek group, lot 9, United States survey numbered 2414, containing 3.03 acres. SEC. 2. Such conveyances shall be for the same consideration as established by the Act of May 14, 1898, as amended (43 U.S.C. 687a). Approved November 12, 1977.

LEGISLATIVE HISTORY: SENATE REPORT No. 95-527 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 123 (1977): Oct. 28, considered and passed Senate. Oct. 31, considered and passed House.

Nov. 12, 1977 [S. 2118]

Chugach and Tongass National Forests, Alaska. Conveyance.

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Page:United States Statutes at Large Volume 91.djvu/1396

 9] STAT. 1362

PUBLIC LAW 95-175—NOV. 14, 1977

Public Law 95-175 95th Congress An Act Nov. 14, 1977 [S. 2052]

United States Capitol Police. Supervision, extension. 40 USC 212a note. D.C. Code 9-126 note.

To extend the supervision of the United States Capitol Police to certain facilities leased by the Office of Technology Assessment.

Be it enacted by the Seriate and House of Representatives of the United States of America in Congress assembled, That the supendsion of the United States Capitol Police shall extend over that part or parts of the premises located at 600 Pennsylvania Avenue, Southeast, Washington, District of Columbia, leased by the Office of Technology Assessment. In carrying out such supervision, the United States Capitol Police shall have within such part or parts jurisdiction, concurrent with that of the Metropolitan Police of the District of Columbia, to provide security for the personnel and property of the Office of Teclmolo^ Assessment within such leased premises, and to make arrest therein for the violation of the laws and regulations of the United States and the District of Columbia. Approved November 14, 1977.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-735 (Comm. on Public Works and Transportation). SENATE REPORT No. 95-451 (Comm. on Rules and Administration). CONGRESSIONAL RECORD, Vol. 123 (1977): Sept. 30, considered and passed Senate. Nov. 1, considered and passed House.

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Page:United States Statutes at Large Volume 91.djvu/1397

 PUBLIC LAW 9 5 - 1 7 6 _ N O V. 14, 1977

91 STAT. 1363

Public Law 95-176 95th Congress An Act To amend certain provisions of the Internal Revenue Code of 1954 relating to distilled spirits, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 5062 (b) of the Internal Revenue Code of 195i is amended to read as follows: " (b) DRAWBACK.—On the exportation of distilled spirits or wines manufactured, produced, bottled, or packaged in casks or other bulk containers in the United States on which an internal revenue tax has been paid or determined, and which are contained in any cask or other bulk container, or in bottles packed in cases or other containers, there shall be allowed, under regulations prescribed by the Secretary, a drawback equal in amount to the tax found to have been paid or determined on such distilled spirits or wines. I n the case of distilled spirits, the preceding sentence shall not apply unless the claim for drawback is filed by the bottler or packager of the spirits and unless such spirits have been stamped or restamped, and marked, especially for export, under regulations prescribed by the Secretary. The Secretary is authorized to prescribe regulations governing the determination and payment or crediting of drawback of internal revenue tax on spirits and wines eligible for drawback under this subsection, including the requirements of such notices, bonds, bills of lading, and other evidence indicating payment or determination of tax and exportation as shall be deemed necessary." SEC. 2. (a) Section 5215 of the I n t e r n a l Revenue Code of 1954 is amended to read as follows: "SEC. 5215. RETURN OF TAX DETERMINED DISTILLED SPIRITS TO BONDED PREMISES. " (a) GENERAL.—On such application and under such regulations as the Secretary may prescribe, distilled spirits withdrawn from bonded premises on payment or determination of tax (other than products to which any alcoholic ingredients other than such distilled spirits have been added) may be returned to the bonded premises of a distilled spirits plant. Snch returned distilled spirits shall be destroyed, denatured, or redistilled, or shall be mingled as authorized in section 5234(a)(1) (other than subparagraph (C) thereof). "(b)

Taxes. Distilled spirits or wines. 26 USC 5062.

Claim, filing

Regulations.

26 USC 5215

Application.

26 USC 5234.

DISTILLED SPIRITS RETURNED TO BONDED PREMISES FOR STOR-

AGE P:ENDING EXPORTATION.—On such application and under such conditions as the Secretary may by regulations prescribe, distilled spirits which would be eligible for allowance of drawback under section 5062(b) on exportation, may be returned by the bottler or packager of such distilled spirits to an export storage facility on the bonded premises of the distilled spirits plant where bottled or packaged, solely for the purpose of storage pending withdrawal without payment of tax under section 5214(a)(4), (7), (8), or (9), or free of tax under section 7510. "(c)

Nov. 14, 1977 [H.R. 4458]

Application. Supra.

Post, p. 1365. 26 USC 7510.

DISTILLED SPIRITS STAMPED AND LABELED AS BOTTLED I N

BOND.—On such application and under such regulations as the Sec- Application, retary may prescribe, a proprietor of bonded premises who has bottled

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Page:United States Statutes at Large Volume 91.djvu/1398

 9 1 STAT. 1364 26 USC 5178.

PUBLIC LAW 95-176—NOV. 14, 1977 distilled spirits under section 5178(a)(4)(A) ( i i), which are stamped and labeled as bottled in bond for domestic consumption, may return cases of such bottled distilled spirits to appropriate storage facilities on the bonded premises of the distilled spirits plant where bottled for storage pending withdrawal for any purpose for which distilled spirits bottled under section 5178(a)(4)(A)(i) may be w i t h d r a w n from bonded premises. "(d)

APPLICABILITY OF CHAPTER TO DISTILLED SPIRITS RETURNED

TO BONDED PREMISES.—Except as otherwise provided in this section, all provisions of this chapter applicable to distilled spirits in bond shall be applicable to distilled spirits returned to bonded premises under the provisions of this section on such return. "(e)

Bonded warehousing facilities, export storage.

26 USC 5178. Ante, p. 1363. Stamps.

26 USC 5205. Distilled spirits, foreign embassy use. 26 USC 5066. 26 USC 5233. 26 USC 5214.

Records and reports. 26 USC 5207.

Abatement, remittance, credit or refund. 26 USC 5008.

26 USC 5001. 26 USC 7652.

CROSS REFERENCES,—

"(1) For provisions relating to the remission, abatement, credit, or refund of tax on distilled spirits returned to bonded premises under this ' section, see section 5008(d). "(2) For provisions relating to the establishment of an export storage facility on the bonded premises of a distilled spirits plant, see section 5178(a)(3)(D)." (b) Section 5178(a)(3) of such Code is amended by a d d i n g at the end thereof the following new subparagraph: " (D) A proprietor who has established facilities for the storage on bonded premises of distilled spirits under subparagraph (C) may establish a portion of such premises as an export storage facility for the storage of distilled spirits returned to bonded premises under section 5215(b)." (c) Section 5205(c)(2) of such Code is amended by adding a t the end thereof the following new sentence: "This paragraph shall also apply to every container of distilled spirits returned to the bonded premises under the provisions of section 5215(b). ". (d) The heading and the first sentence of paragraph (1) of section 5066(a) of such Code are amended to read as follows: " (1)

BOTTLED DISTILLED SPIRITS WITHDRAWN FROM BONDED PREM-

ISES.—Under such regulations as the Secretary may prescribe, distilled spirits bottled in bond for export under the provisions of section 5233, or bottled distilled spirits returned to bonded premises under section 5215(b), may be withdrawn from bonded premises as provided in section 5 2 1 4 (a)(4) for transfer to customs bonded warehouses in which imported distilled spirits are permitted to be stored in bond for entry therein pending withdrawal therefrom as provided in subsection (b). " (e) Section 5207(a) of such Code is amended— (1) by striking out " and " at the end of paragraph (9), (2) by redesignating present paragraph (10) as (11), and (3) by inserting after paragraph (9) the following new paragraph: "(10) the kind and quantity of distilled spirits returned to bonded premises, and". (f) Section 5008(d) of such Code is amended to read as follows; "(d)

DISTILLED SPIRITS RETURNED TO BONDED P R E M I S E S. —

" (1) GENERAL.—Whenever any distilled spirits withdrawn from bonded premises on payment or determination of tax are returned to the bonded premises of a distilled spirits p l a n t under section 5215(a), the Secretary shall abate, remit, or (without interest) credit or refund the tax imposed under section 5001(a)(1) (or the tax equal to such tax imposed under section 7652) on the spirits so returned.

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