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Page:United States Statutes at Large Volume 91.djvu/279

 PUBLIC LAW 95-52—JUNE 22, 1977 " (F) P a y i n g, honoring, confirming, or otherwise implementing a letter of credit which contains any condition or requirement compliance with which is prohibited by rules and regulations issued pursuant to this paragraph, and no United States person shall, as a result of the application of this paragraph, be obligated to pay or otherwise honor or implement such letter of credit. " (2) Rules and regulations issued pursuant to paragraph (1) shall provide exceptions for— " (A) complying or agreeing to comply with requirements (i) prohibiting the import of goods or services from the boycotted country or goods produced or services provided by any business concern organized under the laws of the boycotted country or by nationals or residents of the boycotted country, or (ii) prohibiting the shipment of goods to the boycotting country on a carrier of the boycotted country, or by a route other than that prescribed by the boycotting country or thd recipient of the shipment; " (B) complying or agreeing to comply with import and shipping document requirements with respect to the country of origin, the name of the carrier and route of shipment, the name of the supplier of the shipment or the name of the provider of other services, except that no information knowingly furnished or conveyed in lesponse to such requirements may be stated in negative, blacklisting, or similar exclusionary terms after the expiration of 1 yeai- following the date of enactment of the E x p o r t Administration Amendments of 1977 other than with respect to carriers or route of shipment as may be permitted by such rules and regulations in order to comply with precautionary requirements protecting against war risks and confiscation; " (C) complying or agreeing to comply in the normal course of business with the unilateral and specific selection by a boycotting country, or national or resident thereof, of carriers, insurers, suppliers of services to be performed within the boycotting country or specific goods which, in the normal course of business, are identifiable by source w'hen imported into the boycotting country; " (D) complying or agreeing to comply with export requirements of the boycotting country relating to shipments or transshipments of exports to the boycotted country, to any business concern of or organized under the laws of the boycotted country, or to any national or resident of the boycotted country; " (E) compliance by an individual or agreement by an individual to comply with the immigration or passport requirements of any country with respect to such individual or any member of such individual's family or with requests for information regarding requirements of employment of such individual within the boycotting country; and " (F) compliance by a United States person resident in a foreign country or agreement by such person to comply with the laws of that country with respect to his activities exclusively therein, and such rules and regulations may contain exceptions for such resident complying with the laws or regulations of that foreign count r y governing imports into such country of trademarked, trade-named, or similarly specifically identifiable products or components of products for his own use, including the performance of contractual services within that country, as may be defined by such rules and regulations. " (3) Rules and regulations issued pursuant to paragraph s (2)(C) and (2)(F) shall not provide exceptions from paragraph s (1)(B) and (1)(C).

91 STAT. 245

Exceptions,

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Page:United States Statutes at Large Volume 91.djvu/280

 91 STAT. 246

Rules and regulations, issuance. Grace period.

Infra. Post, p. 247. Report to Secretary of Commerce.

Summaries, transmittal to Secretary of State.

Ante, p. 235. 50 USC app. 2406. Ante, p. 244. Post, p. 247.

PUBLIC LAW 95-52—JUNE 22, 1977 " (4) Nothing in this subsection may be construed to supersede or limit the operation of the antitrust or civil rights laws of the United States. i " (5) Rules and regulations pursuant to this subsection shall be issued not later than 90 days after the date of enactment of this section and shall be issued in final form and become effective not later than 120 days after they are first issued, except that (A) rules and regulations prohibiting negative certification may take effect not later than 1 year after the date of enactment of this section, and (B) a grace period shall be provided for the application of the rules and regulations issued pursuant to this subsection to actions taken pursuant to a written contract or other agreement entered into on or before May 16, 1977. Such grace period shall end on December 31, 1978, except that the Secretary of Commerce may extend the grace period for not to exceed 1 additional year in any case in which the Secretary finds that good faith efforts are being made to renegotiate the contract or agreement in order to eliminate the provisions which are inconsistent with the rules and regulations issued pursuant to paragraph (1). " (6) This Act shall apply to any transaction or activity undertaken, by or through a United States or other person, with intent to evade the provisions of this Act as implemented by the rules and regulations issued pursuant to this subsection, and such rules and regulations shall expressly provide that the exceptions set forth in paragraph (2) shall not permit activities or agreements (expressed or implied by a course of conduct, including a pattern of responses) otherwise prohibited, which are not within the intent of such exceptions. " (b)(1) I n addition to the rules and regulations issued'pursuant to subsection (a) of this section, rules and regulations issued under section 4(b) of this Act shall implement the policies set forth in section 3(5). " (2) Such rules and regulations shall require that any United States person receiving a request for the furnishing of information, the entering into or implementing of agreements, or the taking of any other action referred to in section 3(5) shall report that fact to the Secretary of Commerce, together with such other information concerning such request as the Secretary may require for such action as he may deem appropriate for carrying out the policies of that section. Such person shall also report to the Secretary of Commerce whether he intends to comply and whether he has complied with such request. Any report filed pursuant to this paragraph after the date of enactment of this section shall be made available promptly for public inspection and copying, except that information regarding the quantity, description, and value of any articles, materials, and supplies, including technical data and other information, to which such report relates may be kept confidential if the Secretary determines that disclosure thereof would place the United States person involved at a competitive disadvantage. The Secretary of Commerce shall periodically transmit summaries of the information contained in such reports to the Secretary of State for such action as the Secretary of State, in consultation with the Secretary of Commerce, may deem appropriate for carrying out the policies set forth in section 3(5) of this Act.". (b) Section 4(b)(1) of such Act is amended by striking out the next to the last sentence. (c) Section 7(c) of such Act is amended by striking out " N o " and inserting in lieu thereof " E x c e p t as otherwise provided by the t h i r d sentence of section 4 A (b)(2) and by section 6(c)(2)(C) of this Act, no".

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Page:United States Statutes at Large Volume 91.djvu/281

 PUBLIC LAW 95-52—JUNE 22, 1977

91 STAT. 247

STATEMENT OF POLICY

SEC. 202. (a) Section 3(5)(A) of the Export Administration Act of 1969 is amended by inserting immediately after "United States" the following: "or against any United States person". (b) Section 3(5)(B) of such Act is amended to read as follows: "(B) to encourage and, in specified cases, to require United States persons engaged in the export of articles, materials, supplies, or information to refuse to take actions, including furnishing information or entering into or implementing agreements, which have the effect of furthering or supporting the restrictive trade practices or boycotts fostered or imposed by any foreign country against a country friendly to the United States or against any United States person,".

50 USC app. 2402.

ENFORCEMENT

SEC. 203. (a) Section 6(c) of the Export Administration Act of 1969 is amended— (A) by redesignating such section as section 6(c)(1); and (B) by adding at the end thereof the following new paragraph: "(2)(A) The authority of this Act to suspend or revoke the authority of any United States person to export articles, materials, supplies, or technical data or other information, from the United States, its territories or possessions, may be used with respect to any violation of the rules and regulations issued pursuant to section 4A(a) of this Act. " (B) An;^ administrative sanction (including any civil penalty or any suspension or revocation of authority to export) imposed under this Act for a violation of the rules and regulations issued pursuant to section 4A(a) of this Act may be imposed only after notice and opportunity for an agency hearing on the record in accordance with sections 554 through 557 of title 5, United States Code. "(C) Ajiy charging letter or other document initiating administrative proceedings for the imposition of sanctions for violations of the rules and regulations issued pursuant to section 4A(a) of this Act shall be made available for public inspection and copying.". (b) Section 8 of such Act is amended by striking out "The" and inserting in lieu thereof "Except as provided in section 6(c)(2), the".

50 USC app. 2405.

Ante, p. 244. Notice and hearing.

Documents, public inspection.

50 USC app. 2407. Supra.

DEFINITIONS

SEC. 204. Section 11 of the Export Administration Act of 1969 is 50 USC app. amended to read as follows: 2410. u DEFINITIONS

"SEC. 11. As used in this Act— "(1) the term 'person' includes the singular and the plural and any individual, partnership, corporation, or other form of association, including any government or agency thereof; and "(2) the term 'United States person' means any United States resident or national (other than an individual resident outside the United States and employed by other than a United States person), any domestic concern (including any pennanent domestic establishment of any foreign concern) and any foreign subsidiary or affiliate (including any permanent foreign establishment) of any domestic concern which is controlled in fact by such domestic concern, as determined under regulations of the President.".

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Page:United States Statutes at Large Volume 91.djvu/282

 91 STAT. 24S

PUBLIC LAW 95-52—JUNE 22, 1977 PREEMPTION

Rules and ^n^iTNr*'"^ 2403-U^^t

205. The amendments made by this title and the rules and regulations issued pursuant thereto shall preempt any law, rule, or regula*^°^ ^^ ^^^ of the several States or the District of Columbia, and any of the territories or possessions of the United States, or of any governmental subdivision thereof, which law, rule, or regulation pertains to participation in, compliance with, implementation of, or the furnishing of information regarding restrictive trade practices or boycotts fostered or imposed by foreign countries against other countries. JSEO.

Approved June 22, 1977.

/."Ai

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 95-190 (Comm. on International Relations) and No. 95-354 (Coram, of Conference). SENATE REPORT No. 95-104 accompanying S. 69 (Comm. on Banking, Housing, and Urban Affairs). CONGRESSIONAL RECORD, Vol. 123 (1977): Apr. 20, considered and passed House. May 5, considered and passed Senate, amended, in lieu of S. 69. May 10, House considered and disagreed to Senate amendments. June 7, Senate agreed to conference report. June 10, House agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 13, No. 26: June 22, Presidential statement.

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Page:United States Statutes at Large Volume 91.djvu/283

 91 STAT. 249

PUBLIC LAW 95-53—JUNE 22, 1977

Public Law 95-53 95th Congress An Act To authorize appropriations for fiscal years 1978, 1979, and 1980 to carry out the Commercial Fisheries Research and Development Act of 1964.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 4 of the Commercial Fisheries Research and Development Act of 1964 (16 U.S.C. 779b) is amended— (1) by amending' subsection (a) to read as follows: "(a) There are authorized to be appropriated to the Secretary of Commerce for apportionment to tb.e States to carry out the purposes of this Act the followino- sums: '' (1) $5,000,000 for each of the fiscal years ending June 30, 1974, June 30, 1975, and June 30, 1976, and September 30, 1977, "(2) $10,000,000 for each of the fiscal years ending September 30, 1978, September 30, 1979, and September 30, 1980."; (2) by amending that part of subsection (b) which precedes "and any sums made available" in the first proviso thereto to read as follows: "(b) In addition to the amounts authorized in subsection (a) of this section, there are authorized to be appropriated to the Secretary of Commerce— " (1) $1,500,000 for each of the fiscal years ending June 30, 1974, June 30, 1975, June 30, 1976, and September 30, 1977, and " (2) $3,000,000 for each of the fiscal years ending September 30, 1978, September 30, 1979, and September 30, 1980 which shall be available to the States in such amounts as the Secretary of Commerce may determine appropriate for the purposes of this Act: Provided, That the Secretary shall give a preference to those States in which he determines there is a connnercial fishery failure or serious disruption affecting future production due to a resource disaster arising from natural or undetermined causes in providing funds to States from the amount in clause (2) of this subsection,"; and (3) by amending subsection (c) to read as follows: "(c) In addition to the funds authorized in subsections (a) and (b) of this section, there are authorized to be appropriated to the Secretary of Commerce the following sums which shall be made available to one or more States in such amounts as the Secretary of Commerce may determine to be appropriate for developing a new commercial fishery therein: "(1) $100,000 for each of the fiscal years ending June 30, 1974, June 30, 1975, June 30, 1976, and September 30, 1977. "(2) $500,000 for each of the fiscal years ending September 30, 1978, September 30, 1979, and September 30, 1980.". Approved June 22, 1977.

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LEGISLATIVE HISTORY: HOUSE REPORT No. 95-254 (Comm. on Merchant Marine and Fisheries). SENATE REPORT No. 95-147 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD, Vol. 123 (1977): May 10, considered and passed House. May 17, considered and passed Senate, amended. June 1, House concurred in Senate amendment.

June 22, 1977 [H.R. 6206]

Commercial Fisheries Research and Development Act of 1964, amendments.

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Page:United States Statutes at Large Volume 91.djvu/284

 91 STAT. 250

PUBLIC LAW 95-54—JUNE 25, 1977

Public Law 95- •54 95th Congress An Act June 25, 1977 [H.R. 3416]

Tobacco. Quota transfers.

7 USC 1314b.

To amend section 316(c) of the Agricultural Adjustment Act of lt)38 to provide that leasing of flue-cured tobacco acreage-poundage marketing quotas after June 15 of any year be permitted only between farms on which at least 80 per centum of the farm acreage allotment was planted for such year. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 316(c) of the Agricultural Adjustment Act of 1938 is amended by striking out the second sentence and inserting in lieu thereof " Any lease of Fluecured tobacco acreage-poundage marketing quotas from any farm with an acreage-poundage marketing quota in excess of two thousand pounds filed on or after June 15 in any year shall not be effective unless the acreage planted on both the lessor and the lessee farms during the current marketing year was as much as 80 per centum of the farm acreage allotment in effect for such year." Approved June 25, 1977.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-126 (Comm. on Agriculture). SENATE REPORT No. 95-240 (Comm. on Agriculture, Nutrition, and Forestry). CONGRESSIONAL RECORD, Vol. 123 (1977): Mar. 29, considered and passed House. June 13, considered and passed Senate.

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Page:United States Statutes at Large Volume 91.djvu/285

 PUBLIC LAW 95-55—JUNE 25, 1977

91 STAT. 251

Public Law 95-55 95th Congress An Act To authorize the Secretary of Agriculture to permit general recreational access and geothermal explorations for six months within a portion of the Bull Run Reserve, Mount Hood National Forest, Oregon.

Be it enacted by the Senate and House of Representatives of the United States of America, In Congress assembled, That, notwithstanding section 1862 of title 18, United States Code, and without prejudice to any appeal pending or which may be taken from any decision based thereon, and in accordance with all other laws applicable to the -. ^ . • National Forest System, the Secretary of Agriculture is authorized to manage under the provisions of the Multiple Use-Sustained Yield Act of 1960 (74 Stat. 215; 16 U.S.C. 528-531), for six months after the date of this Act, that area comprising approximately forty-two thousand five hundred acres depicted as the "Special Management Area, Bull Run Reserve, Mount Hood National Forest, Oregon" on a map dated June 1977, which is on file and available for public inspection in the Office of the Chief, Forest Service, United States Department of Agriculture. Approved June 25, 1977.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-401 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD, Vol. 123 (1977): June 14, considered and passed House. June 16, considered and passed Senate.

June 25, 1977 [H.R. 7606]

Mount Hood National Forest, ^^^S-' recreation ^° ^^P o^^tion 3,llLilOriZ3.tlOIl

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Page:United States Statutes at Large Volume 91.djvu/286

 91 STAT. 252

PUBLIC LAW 95-56—JUNE 29, 1977

Public Law 95-56 95th Congress

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Joint Resolution June 29, 1977 [SJ. Res. 63] Federal Home Loan Bank Act, amendment.

Repeal; effective date.

To amend the Federal Home Loan Bank Act.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That section 17(a) of the Federal Home Loan Bank Act (12 U.S.C. 1437), as amended, is amended by adding the following immediately at the end thereof: "Upon the expiration of the term of office of a member of the Federal Home Loan Bank Board, such member shall continue to serve until a successor is appointed and has qualified, but not to exceed thirty days.". SEC. 2. The last sentence of section 17(a) of the Federal Home Loan Bank Act is repealed, effective August 1, 1977. Approved June 29, 1977.

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LEGISLATIVE HISTORY: CONGRESSIONAL RECORD, Vol. 123 (1977): June 15, considered and passed Senate. June 20, considered and passed House.

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Page:United States Statutes at Large Volume 91.djvu/287

 PUBLIC LAW 95-57—JUNE 29, 1977

91 STAT. 253

Public Law 95-57 95th Congress An Act To ameud chapter 5 of title 37, United States Code, to extend the special pay provisions for reenlistment and enlistment bonuses, and for other purposes.

June 29, 1977 [H.R. 583]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) section Uniformed 308(d) of title 37, United States Code, is amended to read as follows: services. "(d) A member who voluntarily, or because of his misconduct, does Reenlistment and not complete the term of enlistment for which a bonus was paid to him enlistment under this section or a member who is not technically qualified in the bonuses. skill for which a bonus was paid to him under this section (other than a member who is not qualified because of injury, illness, or other impairment not the result of his own misconduct) shall refund that percentage of the bonus that the unexpired part of his additional obligated service is of the total reenlistment or extension period for which the bonus was paid.". (b) Section 308(f) of such title is amended by striking out "June 30, 1977" and inserting in lieu thereof "September 30, 1978". SEC. 2. (a) Section 308a(b) of title 37, United States Code, is Regulations amended to read as follows: "(b) Under regulations prescribed by the Secretary of Defense, or by the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy, a person who voluntarily, or because of his misconduct, does not complete the term of enlistment for which a bonus was paid to him under this section or a member who is not technically qualified in the skill for which a bonus was paid to him under this section (other than a person who is not qualified because of injury, illness, or other impairment not the result of his own misconduct) shall refund that percentage of the bonus that the unexpired part of his enlistment is of the total enlistment period for which the bonus was paid.". (b) Section 308a(c) is amended by striking out "June 30, 1977" and inserting in lieu thereof "September 30, 1978". SEC. 3. The amendments made by this Act shall become effective on Effective date. 37 USC 308 note. July 1, 1977. Approved June 29, 1977.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-9 (Comm. on Armed Services). SENATE REPORT No. 95-106 (Comm. on Armed Services). CONGRESSIONAL RECORD, Vol. 123 (1977): Feb. 8, considered and passed House. May 2, considered and passed Senate, amended. June 2 1, House concurred in Senate amendments.

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Page:United States Statutes at Large Volume 91.djvu/288

 91 STAT. 254

PUBLIC LAW 95-58—JUNE 29, 1977

Public Law 95-58 95th Congress An Act June 29. 1977 [H.R. 4301]

Sea Grant Program. Appropriation authorization.

To authorize appropriations for the National Sea Grant Program Act during fiscal year 1978, and for other purposes.

Be it enacted iy the Senate and House of Representatives of the United States of America in Congress assembled. That sections 206 and 212 of the National Sea Grant Program Act (33 U.S.C. 1125 and 1131) are each amended by striking out "the fiscal year ending September 30, 1977" and inserting in lieu thereof "each of the fiscal years ending September 30, 1977, and September 30, 1978". SEC. 2. Section 3(c) of the Sea Grant Program Improvement Act of 1976 (33 U.S.C. 1124a) is amended by striking out "the fiscal year ending September 30, 1977" and inserting in lieu thereof "each of the fiscal years ending September 30, 1977, and September 30, 1978". Approved June 29, 1977.

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LEGISLATIVE HISTORY: HOUSE REPORT No. 95-287 (Coram, on Merchant Marine and Fisheries). SENATE REPORT No. 95-213 accompanying S. 1350 (reported jointly by Coram, on Commerce, Science, and Transportation and Comra. on Human Resources). CONGRESSIONAL RECORD, Vol. 123 (1977): May 16, considered and passed House. May 23, considered and passed Senate, amended, in lieu of S. 1350. June 10, House disagreed to Senate amendment. June 17, Senate receded from its amendment.

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Page:United States Statutes at Large Volume 91.djvu/289

 PUBLIC LAW 95-59—JUNE 30, 1977

91 STAT. 255

Public Law 95-59 95th Congress An Act For the relief of Smith College, Northampton, Massachusetts, and for other purposes.

Be it enacted by the ISenate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Treasury shall admit free of duty thirty-three carillon bells (including all accompanying parts and accessories) for the use of Smith College, Northampton, Massachusetts, such bells being provided by the Paccard Fonderie de Cloches, Annecy, France. SEC. 2. If the liquidation of the entry for consumption of any article subject to the provisions of the first section of this Act has become final, such entry shall be reliquidated and the appropriate refund of duty shall be made.

June 30, 1977 [H.R. 1404]

Smith College, Northampton, Mass.; Social Security Act, amendments.

rOOD STAMP ELIGIBILITY FOR SUPPLEMENTAL SECURITY INCOME RECIPIENTS

SEC. 3. Effective July 1, 1977, section 8 of Public Law 93-233 is amended by striking out "June 30, 1977" where it appears— (1) in the matter preceding the colon in subsection (a)(1), and 7 USC 2012 in the new sentence added by such subsection, and 7 USC 612c note. (2) in subsections (a)(2), (b)(1), (b)(2), (b)(3), and (f), and by inserting in lieu thereof in each instance "September 30, 1978' 7 USC 1431 note. EXTENSION o r FEDERAL FUNDS FOR CHILD SUPPORT COLLECTION AND PATERN I T Y ESTABLISHMENT SERVICES PROVIDED FOR PERSONS NOT RECEIVING AID TO FAMILIES W I T H DEPENDENT CHILDREN

7 USC 612c note. 42 USC 1382e note.

SEC. 4. Section 455(a) of the Social Security Act is amended by strik- 42 USC 655. ing out "June 30, 1977" in the matter following paragraph (2) and inserting in lieu thereof "September 30, 1978". EXTENSION OF TIME FOR M A K I N G REPORT BY SECRETARY REGARDING CHILD DAY CARE SERVICES STANDARDS

SEC. 5. Section 2002(a)(9)(B) of the Social Security Act is 42 USC 1397a amended by striking out "July 1, 1977" and inserting in lieu thereof "April 1, 1978".

29-194 0 - 8 0

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Page:United States Statutes at Large Volume 91.djvu/290

 91 STAT. 256

PUBLIC LAW 95-59—JUNE 30, 1977 DEFERRAL

42 USC 1396b note. 42 USC 1396b.

42 USC 1396 et seq.

OF IMPLEMENTATION OF CERTAIN MATCHING FUNDS

DECREASES

MEDICAID

SEC. 6. Notwithstanding the provisions of subsection (g) of sec-, tion 1903 of the Social Security Act, the amount payable to any State for the calendar quarters during the period commencing April 1, 1977, and ending September 30, 1977, on account of expenditures made under a State plan approved under title X IX of such Act, shall not be decreased by reason of the application of the provisions of such subsection with respect to any period for which such State plan was in operation prior to April 1, 1977. Approved June 30, 1977.

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LEGISLATIVE HISTORY: HOUSE REPORT No. 95-80 (Comm. on Ways and Means). SENATE REPORT No. 95-298 (Comm. on Finance). CONGRESSIONAL RECORD, Vol. 123 (1977): Mar. 21, considered and passed House. June 28, considered and passed Senate, amended. June 30, House agreed to Senate amendment.

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Page:United States Statutes at Large Volume 91.djvu/291

 91 STAT. 257

PUBLIC LAW 95-60—JUNE 30, 1977

Public Law 95-60 95th Congress Joint Resolution To provide for a temporary extension of certain Federal Housing Administration mortgage insurance and related authorities and of the naticnial flood insurance program, and for other purposes.

Resolved by the Senate and House of Representatives States of Ame?'ica in Congrrss assembled,

June 30, 1977 [ j j j. Rgg. 525]

of the United Housing.

EXTf:XSIOX OF FEDERAL HOUSING ADMINISTRATION MORTGAGE INSURANCE AUTHORITIES

SECTION 1. (a) Section 2(a) of the National Housing Act is amended by striking out " June 30, 1977" in the first sentence and inserting in lieu thereof "August 1, 1977". (b) Section 217 of such Act is amended by striking out " June 30, 1977" and inserting in lieu thereof " July 31, 1977". (c) Section 221(f) of such Act is amended by striking out " June 30, 1977" in the fifth sentence and inserting in lieu thereof " July 31, 1977". (d) Section 244(d) of such Act is amended by striking out " June 30, 1977" in the first sentence and inserting in lieu thereof " July 31, 1977". (e) Section 809(f) of such Act is amended by striking out " June 30, 1977" in the second sentence and inserting in lieu thereof " July 31, 1977". (f) Section 810(k) of such Act is amended by striking out " June 30, 1977" in the second sentence and inserting in lieu thereof " July 31, 1977". (g) Section 1002(a) of such xlct is amended by striking out " June 30, 1977" in the second sentence and inserting in lieu thereof " July 31, 1977". (h) Section 1101(a) of such Act is amended by striking out " June 30, 1977" in the second sentence and inserting in lieu thereof " July 31, 1977".

12 USC 1703. 12 USC 1715h. 12 USC 1715/. 12 USC 1715z-9. 12 USC 1748h-l. 12 USC 1748h-2. 12 USC 1749bb. 12 USC 1749aaa.

EXTENSION OF FLEXIBLE INTEREST RATE AUTHORITY

SEC. 2. Section 3(a) of the Act entitled " A n Act to amend chapter 37 of title 38 of the United States Code with respect to the veterans' home loan program, to amend the National Housing Act with respect to interest rates on insured mortgages, and for other purposes", approved May 7, 1968, as amended (12 U.S.C. 1709-1), is amended by striking out " June 30, 1977" and inserting in lieu thereof "xVugust 1, 1977". EXTENSION OF NATIONAL FLOOD INSURANCE PROGRAM

SEC. 3. Section 1319 of the National Flood Insurance Act of 1968 42 USC 4026. is amended by striking out " June 30, 1977" and inserting in lieu thereof " July 31, 1977".

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Page:Folk-lore - A Quarterly Review. Volume 7, 1896.djvu/398

 368 by the fatal stile hour after hour through the cold winter's night, till, as he said, "it come to five o'clock, and he hadna seed nothin', and he doubted as if his brother 'ad a bin comin' e'd a come afore that, and he doubted as he'd best go whoam;" and I never heard that he "essayed the adventure" a second time.

Another story from the same parish of Norbury has already been told in my Shropshire Folk-Lore, but that book is known to so few, that, as the story really belongs to Staffordshire, I shall make no apology for repeating it here. A short distance from the village there is a bridge over the Birmingham and Liverpool Canal which is always regarded as rather an uncanny place at night. A labouring man who had to cross this bridge with a horse and cart about ten o'clock one evening in January, 1879, arrived at home in an extraordinary state of fright and agitation, and related that just as he passed the bridge a black thing with white eyes sprang out of the hedgerow on to his horse. The terrified horse broke into a gallop; the man tried to knock off the creature with his whip, but the whip went through the Thing and fell from his hand to the ground. How he got rid of the intruder or reached home at last he hardly knew, but the whip was picked up the next day just where he said he had dropped it. The story of his strange encounter quickly spread, and this was the explanation that was offered by a local wiseacre: "It was the Man-Monkey as always does come again on the Big Bridge, ever since the man was drowned in the 'Cut.'"

To turn to the subject of Magic: may I give you the views of an old man in the same locality, as expressed by himself to my eldest brother, who made notes of the conversation at the time? Some neighbours of "Owd Stock'on's" had been turned out of their house by the mortgagees. "Niver see sich a thing i' my life," he said; "their things wun all turned out i' the middle o' the road. Eh! I should na like to a bin them as did it. I should be


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Page:United States Statutes at Large Volume 91.djvu/292

 PUBLIC LAW 95-60—JUNE 30, 1977

91 STAT. 258

EXTENSION OF RURAL HOUSING AUTHORITIES

42 USC 1483. 42 USC 1485. 42 USC 1487. 42 USC 1490c.

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SEC. 4. (a) Section 513 of the Housing Act of 1949 is amended by striking out "June 30, 1977" where it appears in paragraphs (b), (c), and (d) and inserting in lieu thereof "July 31, 1977". (b) Section 515 of such Act is amended by striking out "June 30, 1977" where it appears in paragraph (b)(5) and inserting in lieu thereof "July 31, 1977". (c) Section 517 of such Act is amended by striking out "June 30, 1977" where it appears in paragraph (a)(1) and inserting in lieu thereof "July 31, 1977". (d) Section 523(f) of such Act is amended by striking out "July 1, 1977" where it appears in paragraph (f) and inserting in lieu thereof "August 1, 1977"; and by striking out "June 30, 1977" where it appears in such paragraph (f) and inserting in lieu thereof "July 31, 1977". Approved June 30, 1977.

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LEGISLATIVE HISTORY: CONGRESSIONAL RECORD, Vol 123 (1977): June 27, considered and passed House. June 29, considered and passed Senate.

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Page:United States Statutes at Large Volume 91.djvu/293

 PUBLIC LAW 95-61—JULY 1, 1977

91 STAT. 259

Public Law 95-61 95th Congress An Act To authorize appropriations for the United States Coast Guard for fiscal year 1978, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That funds are hereby authorized to be appropriated for neceKsary expenses of the United States Coast Guard for fiscal year 1978. as follows: (1) For the operation and maintenance of the Coast Guard, including expenses related to the Capehart housing debt reduction: $887,521,000; (2) For the acquisition, construction, rebuilding, and improvement of aids to navigation, shore facilities, vessels, and aircraft, including equipment related thereto: $330,300,000, to remain available until expended; (3) For the alteration or removal of bridges over navigable Avaters of the United States, constituting obstructions to navigation: $19,100,000, to remain available until expended; and (4) For research, development, test, and evaluation: $25,600,000, to remain available until expended. SEC, 2. For fiscal year 1978, the Coast Guard is authorized an end strength for active duty personnel of 39,145: Provided, That the ceiling shall not include members of the Ready Reserve called to active duty under the authority of section 764 of title 14, United States Code. SEC. 3. For fiscal year 1978, average military training student loads for the Coast Guard are authorized as follows: (1) recruit and special t r a i n i n g: 3,872 students; (2) flight t r a i n i n g: 109 students; (3) professional training in military and civilian institutions: 415 students; and (4) officer acquisitions: 1,110 students. SEC. 4. Title 14, United States Code, is amended— (1) by adding a new section to chapter 17, after section 658, as follows: '*§ 659. Merger of obligated balances with current appropriations "Amounts equal to the obligated balances against appropriations for 'Operating expenses' and for 'Reserve training', for the two fiscal years preceding the current fiscal year, shall be transferred to and merged with current fiscal year appropriations for 'Operating expenses' and 'Reserve training', respectively. The obligated balances for the period commencing on July 1, 1976, and ending on September 30, 1976, may be merged into the respective accounts for fiscal years 1977 and 1978. Such merged appropriations shall be available as one fund, for the payment of obligations properly incurred against such prior year appropriations and against the current fiscal year appropriations. Coast Guard accounting shall reflect year identity of the merged obligated balances until such obligated balances are transferred to a consolidated account as prescribed in section 1 of the Act of July 25, 1956, as amended (31 U.S.C. 701)." and

July 1, 1977 [H.R. 6823]

U.S. Coast Guard. Appropriation authorization.

Active duty personnel strength, authorization. Military training student loads, authorization.

14 USC 659.

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 91 STAT. 260

Medical emergency helicopter transportation services. Federal agencies, cooperation. 14 USC 141 note. Limitations.

PUBLIC LAW 95-61—JULY 1, 1977 (2) by amending the analysis of chapter 17 by inseiting at the end thereof the following item: "659. Merger of obligated balances with current appropriations.". SEC. 5. Notwithstanding the provisions of any other law, available funds appropriated to or for the use of the Coast Guard for "Acquisition, Construction, and Improvements" may be used to pay for part of the construction and other capital costs of a sewage treatment plant to be built, operated, and owned by the North Marin County Water District (California) and to be used by Coast Guard facilities located in the vicinity of Point Reyes Station, California. SEC. 6. The Coast Guard is authorized to accept and retain funds from the city of Baltimore, Maryland, in payment for Coast Guard facilities to be removed by the city incident to the improvement of Hawkins Point Road, the funds to be available, until expended, for the construction of replacement facilities. Any funds not obligated by the end of fiscal year 1980 shall be paid into the Treasury of the United States. SEC. 7. (a) The last sentence of section 4426 of the Revised Statutes of the United States (46 U.S.C. 404), as amended, is further amended by striking out "July 11, 1978" and inserting in lieu thereof "January 1, 1983". (b) The first section of the Act of June 20, 1986 (relating to certain seagoing vessels) (46 U.S.C. 367), as amended, is further amended by striking out "July 11, 1978" and inserting in lieu thereof "January 1, 1983". (c) Subsection (b) of the first section of the Act of August 27, 1935 (relating to load lines for certain vessels) (46 U.S.C. 88(b)), as amended, is further amended by striking out "July 11, 1978" and inserting in lieu thereof "January 1, 1983". SEC. 8. (a) The Commandant of the Coast Guard is authorized to assist the Department of Health, Education, and Welfare, in providing medical emergency helicopter transportation services to civilians. Any resources provided under this section shall be under such terms and conditions, including reimbursement, as the Commandant of the Coast Guard deems appropriate and shall be subject to the following specific limitations: (1) Assistance may be provided only in areas where the Coast Guard units able to provide such assistance are regularly assigned, and Coast Guard units shall not be transferred from one area to -* another for the purpose of providing such assistance.

(2) Assistance may be provided only to the extent that it does not interfere with the performance of the Coast Guard mission. (3) The provision of assistance shall not cause any increase in funds required for the operation of the Coast Guard.

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 PUBLIC LAW 95-61—JULY 1, 1977

91 STAT. 261

(b) No individual (or his estate) who is authorized by the Coast Liability. Guard to perform services under a program established pursuant to subsection (a), and who is acting within the scope of his duties, shall be liable for injury to, or loss of property or personal injury or death which may be caused incident to providing such services. Approved July 1, 1977.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 95-308 (Comm. on Merchant Marine and Fisheries) and No. 95-418 (Comm. of Conference). SENATE REPORTS: No. 95-200 accompanying S. 1250 (Comm. on Commerce, Science, and Transportation) and No. 95-272 (Comm. of ConferCONGRESSIONAL RECORD, Vol. 123 (1977): May 16, considered and passed House. May 25, considered and passed Senate, amended, in lieu of S. 1250. June 15, Senate agreed to conference report. June 21, House agreed to conference report.

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 91 STAT. 262

PUBLIC LAW 95-62—JULY 5, 1977

Public Law 95-62 95th Congress An Act July 5, 1977 [H.R. 3695]

To amend title 38 of the United States Code in order to revise and improve the program of making grants to the States for the construction, remodeling, or renovation of State home facilities for furnishing hospital, domiciliary, and nursing home care for eligible veterans, and for other purposes.

Be it enacted by the Senate and House of Representatives of the State Veterans' United States of America in Congress assembled, That this Act may Home Assistance be cited as the "State Veterans' Home Assistance Improvement Act Improvement Act of 1977". of 1977. SEC. 2. Subchapter V of chapter 17 of title 38, United States Code, 38 USC 101 note. is amended by striking out section 644 in its entirety. Repeal. SEC. 3. Subchapter III of chapter 81 of title 38, United States Code, is amended by— "Construction". (1) amending section 5031(c) to read as follows: " (c) The term 'construction' means the construction of new domiciliary or nursing home buildings, the expansion, remodeling, or alteration of existing buildings for the provision of domiciliary, nursing home, or hospital care in State homes, and the provision of initial equipment for any such buildings."; "Cost of (2) amending section 5031(d) to read as follows: construction' " (d) The term 'cost of construction' means the amount found by the Administrator to be necessary for a construction project, including architect fees, but excluding land acquisition costs."; (3) amending section 5032 to read as follows: " The purpose of this subchapter is to assist the several States to construct State home facilities for furnishing domiciliary or nursing home care to veterans, and to expand, remodel, or alter existing buildings for furnishing domiciliary, nursing home, or hospital care to veterans in State homes."; Appropriation (4) amending section 5033 to read as follows: authorization. " (a) There is hereby authorized to be appropriated $15,000,000 for the fiscal year ending September 30, 1978, and a like sum for the succeeding fiscal year. Sums appropriated pursuant to this section shall be used for making g r a n t s to States which have submitted, and have had approved by the Administrator, applications for carrying out the purposes and meeting the requirements of this subchapter. Funds, " (b) Sums appropriated pursuant to subsection (a) of this section availability. shall remain available until expended."; (5) amending section 5034(2) to read as follows: " (2) General standards of construction, repair, and equipment for facilities constructed with assistance received under this subchapter."; (6) striking out in section 5034(3) "nursing h o m e "; (7) striking out in section 5035(a) "for furnishing nursing home care"; (8) amending section 5035(a)(4) by striking out "nursing home care to veterans" and inserting in lieu thereof "to veterans the level of care for which such application is m a d e "; by striking

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 91 STAT. 2 6 3

PUBLIC LAW 95-62—JULY 5, 1977

out "10 per centum" and inserting in lieu thereof "25 per centum"; and by striking out "nursing home" and inserting in lieu thereof "such level of"; (9) amending section 5035(b)(3) to read as follows: " (3) the application contains such reasonable assurances under subsection (a) of this section as the Administrator may determine to be necessary, and "; (10) inserting in section 5035(c) "notice and " after "applicant"; (11) amending section 5035(d) by inserting " (1) " before " Upon "; by striking out "requested with respect to such project in such application," and inserting in lieu thereof "so approved,"; and by inserting at the end of subsection (d) the following new paragraph: " (2) No one State may receive in any fiscal year in the aggregate under this subchapter more than one-third of the amount appropriated for carrying out this subchapter in such fiscal year."; (12) striking out in section 5035(e) "approved application" and inserting in lieu thereof "application, whether or not approved,"; and (13) amending section 5036 by striking out "of facilities for Regulations, furnishing nursing home care"; by inserting immediately before the comma following the word "subchapter" where it first appears "(except that the Administrator, pursuant to regulations which the Administrator shall prescribe, may at the time of such grant provide for a shorter period than twenty, but not less than seven, years, based on the magnitude of the project and the g r a n t amount involved, in the case of the expansion, remodeling, or alteration of existing facilities)"; by striking out "nursing home care" where it appears the second time and inserting in lieu thereof "domiciliary, nursing home, or hospital care"; and by striking out "facilities," where it appears the t h i r d time and inserting in lieu thereof "construction (but in no event an amount greater than the amount of assistance provided for such construction under this subchapter),". SEC. 4. (a) The heading at the beginning of subchapter III of chapter 81 of title 38, United States Code, is amended by striking out "Nursing Home Care" and inserting in lieu thereof "Domiciliary, Nursing Home, and Hospital Care". (b) The table of sections at the beginning of chapter 17 of such title, is amended by striking out "644. Authorization of appropriations.". (c) The table of sections at the beginning of the heading of subchapter III of chapter 81 of such title, is amended by striking out "NURSING HOME CARE" and inserting in lieu thereof

"DOMICILIARY,

NURSING H O M E, AND HOSPITAL C A R E ".

SEC. 5. (a) Except as provided in subsection (b) of this section, the amendments made by this Act shall be effective October 1, 1977. (b)(1) The terms and conditions of any g r a n t made prior to October 1, 1977, under section 644 of title 38, United States Code, and regulations prescribed thereunder, shall remain in full force and effect unless modified, by the mutual agreement of the parties, in accordance with the provisions of subchapter III of chapter 81 of such title, and regulations prescribed thereunder, in effect after September 30, 1977.

Effective date. 38 USC 5031 note. Savings provision.

38 USC 5031 et

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 91 STAT. 264

PUBLIC LAW 95-62—JULY 5, 1977

Grants, modification. 38 USC 5031 et

(2) With respect to any grant made prior to October 1, 1977, under subchapter III of chapter 81 of such title, the Administrator of Veter^j^gj Affairs shall, upOn application of a grantee, modify the terms and conditions of such grant to comply with the provisions of such subchapter as amended by this Act, and regulations prescribed thereunder, and shall promptly notify each such grantee of the grantee's right to request such modification. Approved July 5, 1977.

i

5

.1;

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-112 (Comm. on Veterans' Affairs). SENATE REPORT No. 95-166 (Comm. on Veterans' Affairs). CONGRESSIONAL RECORD, Vol. 123 (1977): Apr. 4, considered and passed House. May. 24, considered and passed Senate, amended. June 22, House concurred in Senate amendment.

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 PUBLIC LAW 95-63—JULY 5, 1977

91 STAT. 265

Public Law 95-63 95th Congress An Act To establish qualifications for individuals appointed to the National Advisory Committee on Oceans and Atmosphere and to authorize appropriations for the Committee for fiscal year 1978. 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 "National Advisory Committee on Oceans and Atmosphere Act of 1977". SEC. 2. ESTABLISHMENT. There is hereby established a committee of 18 members to be known as the National Advisory Committee on Oceans and Atmosphere (hereinafter in this Act referred to as the "Committee"). SEC. 3. MEMBERSHIP, TERMS, AND DUTIES. (a) MEMBERSHIP.—The members of the Committee, who may not be full-time officers or employees of the United States, shall be appointed by the President. Members shall be appointed only from among individuals who are eminently qualified by way of knowledge and expertise in the following areas of direct concern to the Committee— (1) one or more of the disciplines and fields included in marine science and technology, marine industry, marine-related State and local governmental functions, coastal zone management, or other fields directly appropriate for consideration of matters of ( ocean policy; or 1 (2) one or more of the disciplines and fields included in atmospheric science, atmospheric-related State and local governmental functions, or other fields directly appropriate for consideration of matters of atmospheric policy. (b) T E R M S. — (1) The term of office of a member of the Committee shall be 3 years; except that, of the original appointees, 6 shall be appointed for a term of 1 year, 6 shall be appointed for a term of 2 years, and 6 shall be appointed for a term of 3 years. (2) Any individual appointed to fill a vacancy occurring before the expiration of the term for which his or her predecessor was appointed shall be appointed only for the remainder of such term. No individual may be reappointed to the Committee for more than one additional 3-year term. A member may serve after the date of the expiration of the term of office for which appointed until his or her successor has taken office, or until 90 days after such date, whichever is earlier. The terms of office for members first appointed after the date of enactment of this Act shall be^in on July 1, 1977. (c) C H A I R M A N. — The President shall designate one of the members of the Committee as the Chairman and one of the members as the Vice Chairman. The Vice Chairman shall act as Chairman in the absence or incapacity- of, or in the event of a vacancy in the office of, the Chairman.

July 5, 1977 [H.R. 38491

National Advisory Committee on Oceans and Atmosphere Act of 1977. 33 USC 857-13 note. 33 USC 857-13. 33 USC 857-14.

Vacancies.

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 91 STAT. 266

PUBLIC LAW 95-63—JULY 5, 1977 (d) DUTIES.—The<:!ommittee shall— ^ ^ • fir* (1) undertake a continuing review, on a selective basis, of national ocean policy, coastal zone management, and the status of the marine and atmospheric science and service programs of the United States; and (2) advise the Secretary of Commerce with respect to the carrying out of the programs administered by the National Oceanic and Atmospheric Administration.

33 USC 857-15. Submittal to President and Congress.

33 USC 857-16.

SEC. 4. REPORTS. (a) IN GENERAL.—The Committee shall submit an annual report to the President and to the Congress setting forth an assessment, on a selective basis, of the status of the Nation's marine and atmospheric activities, and shall submit such other reports as may from time to time be requested by the President or the Congress. (b) REVIEW BY SECRETARY.—Each annual report shall also be submitted to the Secretary of Commerce, who shall, within 60 day& after receipt thereof, transmit his or her comments and recommendations to the President and to the Congress. (c) A N N U A L REPORT SUBMITTAL.—The annual report required under subsection (a) shall be submitted on or before June 30 of each year, beginning with June 30, 1978. SEC. 5. COMPENSATION AND TRAVEL EXPENSES.

Members of the Committee shall each be entitled to receive compensation of $100 per day for each day (including traveltime) during which they are engaged in the actual performance of the duties of the Committee. In addition, while away from their homes or regular places of business in the performance of the duties of the Committee, each member of the Committee shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5 of the United States Code. 33 USC 857-17. Senior policy official.

SEC. 6. INTERAGENCY COOPERATION AND ASSISTANCE.

(a) LIAISON.—The head of each department or agency of the Federal Government concerned with marine and atmospheric matters shall desi^ate a senior policy official to participate as observer in the work of the Committee and offer necessary assistance. (b) AGENCY ASSISTANCE.—The Committee is authorized to request from the head of any department, agency, or independent instrumentality of the Federal Government any information and assistance it deems necessary to carry out the functions assigned under this Act. The head of each such department, agency, or instrumentality is authorized to cooperate with the Committee, and, to the extent permitted by law, to furnish such information and assistance to the Committee upon request made by the Chairman, without reimbursement for such services and assistance. (c) ADMINISTRATIVE ASSISTANCE.—The Secretary of Commerce shall make available to the Committee such staff, information, personnel, and administrative services and assistance as may reasonably be required to carry out the provisions of this Act.

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 PUBLIC LAW 95-63—JULY 5, 1977

91 STAT. 267

SEC. 7. REPEAL AND TRANSFER.

(a) EEPEAL.—The Act of August 16, 1971 (establishing an advisory committee on oceans and atmosphere) (33 U.S.C. 857-6 et seq.) is hereby repealed. (b) TRANSFER.—All personnel, positions, records, and unexpended 33 USC 857-13 balances of appropriations, allocations, and other funds employed, ^°^^used, held, available, or to be made available in connection with the functions specified by the Act of August 16, 1971 (establishing an advisory committee on oceans and atmosphere), are hereby transferred to the National Advisory Committee on Oceans and Atmosphere established by this Act. The personnel transferred under this subsection shall be so transferred without reduction in classification or compensation except, that after such transfer, such personnel shall be subject to reductions in classification or compensation in the same manner, to the same extent, and according to the same procedure as other employees of the United States classified and compensated according to the General Schedule in title 5, United States Code. 5 USC 5332 note. SEC. 8. AUTHORIZATION FOR APPROPRIATIONS.

There are authorized to be appropriated for purposes of carrying out the provisions of this Act not to exceed $520,000 for the fiscal year ending September 30, 1978. Such sums as may be appropriated under this section shall remain available until expended. Approved July 5, 1977.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-297 (Coram, on Merchant Marine and Fisheries). SENATE REPORT No. 95-211 accompanying S. 1347 (Coram, on Commerce, Science, and Transportation). CONGRESSIONAL RECORD, Vol. 123 (1977): May 16, considered and passed House. May 23, considered and passed Senate, amended, in lieu of S. 1347. June 2 1, House concurred in Senate amendment with amendments. June 22, Senate concurred in House amendments.

33 USC 857-18.

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 91 STAT. 268

PUBLIC LAW 95-64—JULY 11, 1977

Public Law 95-64 95th Congress Joint Resolution July 11, 1977 [HJ. Res. 539] Indian claims. Commencement of actions.

To amend the statute of limitations provisions in section 2415 of title 28, United States Code, relating to claims by the United States on behalf of Indians. Resolved by the Senate and House of Representatives of the United States of America in Congress Assembled^ That (a) the t h i r d proviso in section 2415(a) of title 28, United States Code, is amended by deleting the words "more than eleven years after the right of action accrued" therein, and substituting the words "after August 18, 1977" in their place. (b) The proviso in section 2415(b) to title 28, United States Code, is amended by deleting the words "within eleven years after the right of action accrues" therein, and substituting the words "on or before August 18, 1977" in their place. Approved July 11, 1977. iJfH'f/^-'- >;-t-,. •:

LEGISLATIVE HISTORY: CONGRESSIONAL RECORD, Vol. 123 (1977): June 30, considered and passed House and Senate.

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 PUBLIC LAW 95-65—JULY 11, 1977

91 STAT. 269

Public Law 95-65 95th Congress An Act To amend the Age Discrimination Act of 1975 to extend the date upon which the United States Commission on Civil Rights is required to file its report under such Act, 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 307(d) of the Age Discrimination Act of 1975 (42 U.S.C. 6106(d)) is amended— (1) by striking out "eighteen months" and inserting in lieu thereof "two years"; and (2) by adding at the end thereof the following new sentence: "The Commission is authorized to provide, upon request, information and technical assistance regarding its findings and recommendations to Congress, to the President, and to the heads of Federal departments and agencies for a ninety-day period following the transmittal of its report.". SEC. 2. (a) Section 707(a)(4) of the Older Americans Act of 1965 (42 U.S.C. 3045f (a)(4)) is amended by striking out "and" following "1976," and by inserting after "1977" a comma and the following: "and the fiscal year ending September 30, 1978". (b)(1) Section 707(d)(1) of the Older Americans Act of 1965 (42 U.S.C. 3045f(d)(l)) is amended by striking out "in any case in which a State has phased out its commodity distribution facilities before June 30, 1974, such" and inserting in lieu thereof "a". (2) The second sentence of section 707(d)(2) of the Older Americans Act of 1965 (42 U.S.C. 3045f(d)(2)) is amended by inserting "only" after "shall". Approved July 11, 1977.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-267 (Comm. on Education and Labor). SENATE REPORTS: No. 95-149 accompanying S. 1170 and No. 95-150 accompanying S. 1321 (both from Comm. on Human Resources). CONGRESSIONAL RECORD, Vol. 123 (1977): May 9, considered and passed House. May 17, S. 1170 and S. 1321 considered and passed Senate. May 18, considered and passed Senate, amended, in lieu of S. 1170 and S. 1321. June 15, House concurred in Senate amendment with an amendment. June 28, Senate agreed to House amendment.

July 11, 1977 [H.R. 6668]

Age discrimination; nutrition program for the elderly.

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 91 STAT. 270

PUBLIC LAW 95-66—JULY 11, 1977

Public Law 95-66 95th Congress An Act July 11, 1977 [S. 964]

Federal comparability pay adjustments. Temporary prohibition. 3 USC 104 note.

2 USC 31 note.

28 USC 461 note.

5 USC 5318 note.

To provide that the salaries increased as a result of the not be increased by the first date of the enactment of this

of certain positions and individuals which were operation of the Federal Salary Act of 1967 shall comparability pay adjustment occurring after the Act.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That, the first adjustment which, but for this Act, would be made after the date of enactment of this Act under the following provisions of law in the salary or rate of pay of positions or individuals to which such provisions apply, shall not take effect: (1) the second sentence of section 104 of title 3, United States Code, relating to comparability adjustments in the salary of the Vice President of the United States; (2) paragraph (2) of section 601(a) of the Legislative Reorganization Act of 1946 (2 U.S.C. 31), relating to comparability adjustments in the annual rate of pay of Members of Congress; (3) section 461 of title 28, United States Code, relating to comparability adjustments in the salary and rate of pay of justices, judges, commissioners, and referees; and (4) section 5318 of title 5, United States Code, relating to comparability adjustments in the annual rate of pay for positions in the Executive Schedule. Approved July 11, 1977.

St.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-458 (Comm. on Post Office and eivil Service). CONGRESSIONAL RECORD, Vol. 123 (1977): Mar. 10, considered and passed Senate. June 28, considered and passed House.

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 PUBLIC LAW 95-67—JULY 19, 1977

91 STAT. 271

Public Law 95-67 95th Congress An Act To amend title 4 of the United States Code to make it clear that Members of Congress may not, for purposes of State income tax laws, be treated as residents of any State other than the State from which they were elected.

Be it enacted by the Seriate and House of Representatives of the United States of America in Congress assembled, That (a) chapter 4 of title 4 of the United States Code is amended by adding at the end thereof the following new section: "§ 113. Residence of Members of Congress for State income tax laws "(a) No State, or political subdivision thereof, in which a Member of Congress maintains a place of abode for purposes of attending sessions of Congress may, for purposes of any income tax (as defined in section 110(c) of this title) levied by such State or political subdivision thereof— "(1) treat such Member as a resident or domiciliary of such State or political subdivision thereof; or "(2) treat any compensation paid by the United States to such Member as income for services performed within, or from sources within, such State or political subdivision thereof, unless such Member represents such State or a district in such State. " (b) For purposes of subsection (a)— " (1) the term 'Member of Congress' includes the delegates from the District of Columbia, Guam, and the Virgin Islands, and the Resident Commissioner from Puerto Rico; and "(2) the term 'State' includes the District of Columbia,". (b) The table of sections for such chapter 4 is amended by adding at the end thereof the following new item:

July 19, 1977 [H.R. 6893]

U.S. Congress. Members, residency for income tax purposes. 4 USC 113.

Definitions.

"113. Residence of Members of Congress for State income tax laws.".

(c) The amendments made by subsections (a) and (b) shall be effective with respect to all taxable years, whether beginning before, on, or after the date of the enactment of this Act. Approved July 19, 1977.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-377 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 123 (1977): June 6, considered and passed House. June 16, considered and passed Senate, amended. July 12, House concurred in Senate amendment.

Effective date. 4 USC 113 note.

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 9 1 STAT. 272

PUBLIC LAW 95-68—JULY 20, 1977

Public Law 95-68 95th Congress

An Act

July 20, 1977 [H.R. 4992]

TQ amend the Indian Financing Act of 1974 by revising the appropriations authorization for the Indian business development program.

Indian Financing Act of 1974, 2ruScT523 . .. • authorization

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 403 of the Indian F i n a n c i n g Act of 1974 (88 Stat. 77, 83), is amended to read as follows: " SEC. 403. There are authorized to be appropriated not to exceed ^^e sum of $14,000,000 for each of the fiscal years 1978 and 1979 for the purposes of this title.". Approved July 20, 1977.

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.. M •

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-271 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 95-304 (Comm. on Indian Affairs). CONGRESSIONAL RECORD, Vol. 123 (1977): May 17, considered and passed House. June 30, considered and passed Senate.

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 PUBLIC LAW 95-69—JULY 20, 1977

91 STAT. 273

Public Law 95-69 95th Congress An Act To authorize appropriations for the Indian Claims Commission for fiscal year 1978; to facilitate the transfer of cases from the Indian Claims Commission to the United States Court of Claims; and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there is authorized to be appropriated to carry out the provisions of the Indian Claims Commission Act (25 U.S.C. 70), during fiscal year 1978, not to exceed $2,250,000. SEC. 2, The Act entitled "An Act to create an Indian Claims Commission, to provide for the powers, duties, and functions thereof, and for other purposes,'" approved August 13, 1946 (60 Stat. 1049), as amended, is further amended by adding thereto the following new section:

July 20, 1977 [H.R. 4585]

Indian Claims Commission. Appropriation authorization.

25 USC 70.

CASES TRANSFERRED TO THE UNITED STATES COURT OF CLAIMS

"SEC. 29. (a) The powers of the Commission set forth in the first paragraph of section 15 of this Act, relative to fees and expenses for any attorney or attorneys for any tribe, band, or other identifiable group of Indians, shall be exercised by the United States Court of Claims with respect to any case transferred pursuant to this Act, as amended. "(b) The powers of the Commission set forth in section 14 of this Act, relating to information from governmental departments and official records as evidence, may be exercised by the United States Court of Claims with respect to any case transferred pursuant to this Act, as amended. "(c) Final judgments rendered by the United States Court of Claims on cases transferred to it pursuant to this Act, as amended, shall be paid in the same manner as other judgments of the court in accordance with the provisions of sections 2517 and 2518 of title 28, United States Code. "(d) Cases transferred to the United States Court of Claims pursuant to this Act, as amended, shall be thereafter subject to review by the Supreme Court in accordance with the provisions of section 1255 of title 28, United States Code: Provided, That any decision of the Commission rendered in a case prior to its transfer, which could have been appealed pursuant to the provisions of section 20 of this Act, as amended, shall be appealable to the Court of Claims subject to such provisions: Provided further, That such provisions shall not otherwise be applicable to transferred cases. "(e) The provisions of the Act of November 4, 1963 (77 Stat. 301), as amended, shall continue and shall be in effect with respect to all cases transferred to the United States Court of Claims pursuant to this Act, as amended.".

25 USC 70v-3. 25 USC 70n.

25 USC 70m.

25 USC 70s.

25 USC 70n-l.

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 91 STAT. 274 U.S. Court of Claims rSmenr*' appoin men.

PUBLIC LAW 95-69—JULY 20, 1977 SEC. 3. Subsection (a) of section 792 of title 28, United States Code jg amended to read as follows: '^^^ The Court of Claims may appoint sixteen commissioners who shall be Subject to removal by the court and shall devote all their time to the duties of the office. The Court shall designate one of the commissioners to serve at the will of the court as chief commissioner.". Approved July 20, 1977.

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,207 3811

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LEGISLATIVE HISTORY: HOUSE REPORTS: No. 95-234, pt. I (Comm. on Interior and Insular Affairs) and 95-234, pt. II (Comm. on the Judiciary). SENATE REPORT No. 95-303 (Comm. on Indian Affairs). CONGRESSIONAL RECORD, Vol. 123 (1977): June 6, considered and passed House. June 30, considered and passed Senate.

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Page:United States Statutes at Large Volume 91.djvu/309

 91 STAT. 2 7 5

PUBLIC LAW 95-70—JULY 21, 1977

Public Law 95-70 95th Congress An Act To amend the Federal Energy Administration Act of 1974 to extend the duration of authorities under such Act, to authorize appropriations for the Federal Energy Administration for the 1978 fiscal year, and for other purposes.

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

July 21, 1977 [S. 1468]

of the

SHORT TITLE

SECTION 1. This Act may be cited as the "Federal Energy Administration Authorization Act of 1977".

Federal Energy Administration Authorization Act of 1977. 15 USC 761 note.

GENERAL AUTHORIZATION OF APPROPRIATIONS

SEC. 2. Section 29 of the Federal Energy Administration Act of 1974 (15 U.S.C. 761 note) is amended to read as follows: uAUTHORIZATION OF APPROPRIATIONS

" SEC. 29. (a) There are authorized to be appropriated to the Federal Energy Administration the following sums: " (1) subject to the restrictions specified in subsection (b), to carry out the functions identified as assigned to Executive Direcj tion and Administration of the Federal Energy Administration as of January 1, 1977— " (A) for the fiscal year ending September 30, 1977, not to ' exceed $35,627,000; and " (B) for the fiscal year ending September 30, 1978, not _ to exceed $41,017,000. " (2) to carry out the functions identified as assigned to the Office of Energy Information and Analysis as of January 1, • 1977— " (A) for the fiscal year ending September 30, 1977, not to exceed $34,971,000; and " (B) for the fiscal year ending September 30, 1978, not to exceed $43,544,000. " (3) to carry out the functions identified as assigned to the Office of Regulatory Program s as of January 1, 1977— " (A) for the fiscal year ending September 30, 1977, not to exceed $62,459,000; and " (B) for the fiscal year ending September 30, 1978, not to exceed $62,459,000. " (4) to carry out the functions identified as assigned to the Office of Conservation and Environment as of January 1, 1977 (other than functions described in part A and part D of title IV of the Energy Conservation and Production Act, parts B and C of title III of the Energy Policy and Conservation Act and, for the fiscal year ending September 30, 1977, functions described in title II of the Energy Conservation and Production Act and in paragraph (7) of this subsection) — " (A) for the fiscal year ending September 30, 1977, not to exceed $38,603,000; and

42 USC 6861, 6881. 42 USC 6291, 6321. 42 USC 6801.

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Page:United States Statutes at Large Volume 91.djvu/310

 91 STAT. 276

15 USC 787. Restrictions.

Transfer of funds.

PUBLIC LAW 95-70—JULY 21, 1977 "(B) for the fiscal year ending September 30, 1978, not to exceed $46,908,000. "(5) to carry out the functions identified as assigned to the Office of Energy Resource Development as of January 1, 1977— "(A) for the fiscal year ending September 30, 1977, not to exceed $16,934,000; and "(B) for the fiscal year ending September 30, 1978, not to exceed $26,017,000. ,V "(6) to carry out the functions identified as assigned to the Office of International Energy Affairs as of January 1, 1977— "(A) for the fiscal year ending September 30, 1977, not to exceed $1,921,000; and "(B) for the fiscal year ending September 30, 1978, not to • ' ^ exceed $1,846,000. ^ "(7) subject to the restriction specified in subsection (c), to carry out a program to develop the policies, plans, implementation strategies, and program definitions for promoting accelerated I utilization and widespread commercialization of solar energy and to provide overall coordination of Federal solar energy commercialization activities, for the fiscal year ending September 30, 1977, not to exceed $2,500,000. "(8) for the purpose of permitting public use of the Project Independence Evaluation System pursuant to section 31 of this Act, not to exceed the aggregate amount of the fees estimated to be charged for such use. "(b) The following restrictions shall apply to the authorization of appropriations specified in paragraph (1) of subsection (a) — "(1) amounts to carry out the functions identified as assigned to the Office of Communication and Public Affairs as of January 1, 1977, shall not exceed $2,112,000 for the fiscal year ending l'-, September 30, 1977; and "(2) no amounts authorized to be appropriated in such paragraph may be used to carry out the functions identified as assigned to the Office of Nuclear Affairs as of January 1, 1976. "(c) No amounts authorized to be appropriated in paragraphs (5)(B) and (7) of subsection (a) may be used to carry out solar energy research, development, or demonstration activities. "(d) Subject to the provisions of any other law enacted after the date of the enactment of this subsection, if any function for which funds are authorized to be appropriated by this section is transferred by or pursuant to any such provision of law to any department, agency, or office, the unexpended balances of appropriations, authorizations, allocations, and other funds, held, used, arising from, available to, or to be made available in connection with such function shall be transferred to such department, agency, or office, but shall continue to be subject to any restriction to which they were subject before such transfer.". ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS OTHER T H A N AUTOMOBILES

S E C 3. (a) Section 339(c)(2) of the Energy Policy and Conservation Act (42 U.S.C. 6309(c)(2)) is amended by striking out "$700,000" and inserting in lieu thereof "$2,500,000".

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Page:United States Statutes at Large Volume 91.djvu/311

 PUBLIC LAW 95-70—JULY 21, 1977

91 STAT. 277

(b) Section 339(c)(3) of the Energy Policy and Conservation Act (42 U.S.C. 6309(c)(3)) is amended V striking out "$700,000" and inserting in lieu thereof "$1,800,000". STRATEGIC PETROLEUM RESERVE

SEC. 4. Section 166 of the Energy Policy and Conservation Act (42 U.S.C. 6246) is amended by striking out "and" at the end of paragraph (1), by striking out the period in paragraph (2) and inserting in lieu thereof "; and", and by adding at the end thereof the following new paragraph: "(3) such funds for the fiscal year ending September 30, 1978, not to exceed $1,210,000,000, as are necessary to permit the acquisition and storage of petroleum products in the Strategic Petroleum Reserve, in accordance with the storage schedule set forth in the Strategic Petroleum Reserve Plan then in effect in excess of the minimum volume specified in section 154(a), but not in excess of 42 USC 6234. 500,000,000 barrels.". ENERGY CONSERVATION AND RENEWABLE-RESOURCE OBLIGATION GUARANTEES

SEC 5. Section 451(g) of the Energy Conservation and Production j,.,...i Act (42 U.S.C. 6881(g)) is amended by adding at the end thereof the following new paragraph: "(3) There is authorized to be appropriated to carry out the pro- Appropriation visions of this part, including administrative costs, but not for the authorization, payment of amounts to be paid under subsection (f)— "(A) for the fiscal year ending September 30, 1977, not to exceed $1,836,000; and

"(B) for the fiscal year ending September 30, 1978, not to ' exceed $4,950,000." .. FEDERAL ENERGY ADMINISTRATION ACT EXTENSION

SEC. 6. The second sentence of section 30 of the Federal Energy Administration Act of 1974 (15 U.S.C. 761 note) is amended to read as follows: "This Act shall terminate September 30, 1978.". EXTENSION OF COAL CONVERSION AND ALLOCATION AUTHORITY

SEC. 7. Paragraph (1) of section 2(f) of the Energy Supply and Environmental Coordination Act of 1974 (15 U.S.C. 792(f)(i)) is amended by striking out "shall expire at midnight, June 30, 1977" and inserting in lieu thereof "shall expire at midnight, December 31, 1978". AUTHORITY AND RESPONSIBILITY OF GENERAL COUNSEL

SEC. 8. Section 7 of the Federal Energy Administration Act of 1974 (15 U.S.C. 766) is amended by adding at the end thereof the following new subsection: "(1) Effective beginning July 1, 1977, amounts authorized to be appropriated under this Act or any other Act shall not be available for the payment of salaries and other expenses with respect to any office of regional counsel of the Administration unless such office is

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Page:Folk-lore - A Quarterly Review. Volume 7, 1896.djvu/399

 Rh afeard as they'd do summat at me." "Why, what could they do?" "Why, bewitch 'em to be sure. Our parson, he dunna believe in folks bewitchin' annybody. He towd me so hissen, a-going thro' Mr. Hyatt's cowpastur'. But there was Jack Rhodes the bank-ranger, he went to a witch in the Potteries about the mooney as he lost. He said, as soon as ever he saw Jack, 'You've come about that there money—there were so many with you—the amount was so much—you must not speak to anybody about it.' But he did, and towd everybody, and he never got the mooney back. But one night, when he was in bed with his fayther, the whole room was full of little red imps dancing all about. He said arter as the devil inna (isn't) black, but it couldna ha' bin the devil, it mun 'a bin some of his imps. However can them witches do such things? There was a young man as I knowd as wanted his moother to sell him a bit o' waste land as her cottage stood on close to Squire Morris's and s'he wouldna; so he brought one o' these ere men from Wolverhampton, and he give her a shilling, and arter that, when she was in bed at anight, something had used to come to her toe and creep up her till it got to her chest. She lapped her foot up with all manner o' things and put something with pins sticking out of it on her foot, but she never could get shut on it, and she had it to her dying day. Oh," he concluded, summing up the whole subject, "when I was in sarvice they'd used to bewitch the teams, but they darna do that now."

I would draw your attention in passing to the use of the word witch for a male soothsayer. This is customary in that part of the county.

The witches who were applied to lived, you will notice, one at Wolverhampton and one in the Potteries. This indicates the form which superstition takes among the


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Page:United States Statutes at Large Volume 91.djvu/312

 91 STAT. 278

PUBLIC LAW 95-70—JULY 21, 1977 under the direct supervision and control of the General Counsel of the Administration.". USE OF COMMERCIAL

STANDARDS

SEC. 9. Part A of the Federal Energy Administration Act of 1974 (15 U.S.C. 761 et seq.) is amended by adding at the end thereof the following new section: "USE

Proposed rules.

15 USC 788.

Hearings or meetings.

Information, availability to public.

Consultation.

Guidelines and criteria.

or

COMMERCIAL STANDARDS

"SEC. 32. (a) If any proposed rule by the Administrator contains any commercial standards, or specifically authorizes or requires the use of any such standards, then any general notice of the proposed rulemaking shall— "(1) identify, by name, the organization which promulgated such standards; and "(2) state whether or not, in the judgment of the Administrator, such organization complied with the requirements of subsection (b) in the promulgation of such standards. "(b) An organization complies with the requirements of this subsection in promulgating any commercial standards if— "(1) it gives interested persons adequate notice of the proposed promulgation of the standards and an opportunity to participate in the promulgation process through the presentation of their views in hearings or meetings which are open to the public; "(2) the membership of the organization at the time of the promulgation of the standards is sufficiently balanced so as to allow for the effective representation of all interested persons; " (3) before promulgating such standards, it makes available to the public any records of proceedings of the organization, and any documents, letters, memorandums, and materials, relating to such standards; and "(4) it has procedures allowing interested persons to— "(A) obtain a reconsideration of any action taken by the organization relating to the promulgation of such standards, and "(B) obtain a review of the standards (including a review of the basis or adequacy of such standards). "(c) The Administrator shall not incorporate within any rule, nor prescribe any rule specifically authorizing or requiring the use of, any commercial standards unless he has consulted with the Attorney General and the Chairman of the Federal Trade Commission concerning the impact of such standards on competition and neither such individual recommends against such incorporation or use. "(d) The foregoing provisions of this section shall not apply with respect to rules prescribed by the Administrator which relate to the procurement activities of the Administration. "(e) Not later than 90 days after the date of the enactment of this section, the Administrator shall prescribe, by rule, guidelines or criteria which set forth the extent to which, and the terms and conditions under which, employees of the Administration may participate in their official capacity in the activities of any organization (which is not a Federal entity) which relate to the promulgation of commercial stand-

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Page:United States Statutes at Large Volume 91.djvu/313

 PUBLIC LAW 95-70—JULY 21, 1977 ards. Such guidelines and criteria may allow for such participation if it is in the public interest and relates to the purposes of this Act, but in no event may such employees who are participating in their official capacity be allowed under such guidelines or criteria to vote on any matter relating to commercial standards. "(f) As used in this section, the term 'commercial standards' means— " (1) specifications of materials; "(2) methods of testing; "(3) criteria for adequate performance or operation; "(4) model codes; "(5) classification of components; "(6) delineation of procedures or definition of terms; "(7) measurement of quantity or quality for evaluating or referring to materials, products, systems, services, or practices; or "(8) similar rules, procedures, requirements, or standards; which are promulgated by any organization which is not a Federal entity. For purposes of the preceding sentence, any revision by any such organization of any such rule, procedure, requirement, or standard shall be considered to be the same as the promulgation of such standard.".

91 STAT. 279

"Commercial standards."

CONFLICT OF INTEREST

SEC, 10. Part A of the Federal Energy Administration Act of 1974 (15 U.S.C. 761 et seq.), as amended by this Act, is amended by adding at the end thereof the following: a

ORGANIZATIONAL CONFLICTS

"SEC. 33. (a) The Administrator shall, by rule, require any person Contracts. proposing to enter into a contract, agreement, or other arrangement, 15 USC 789. whether by competitive bid or negotiation, under this Act or any other law administered by him for the conduct of research, development, evaluation activities, or for technical and management support services, to provide the Administrator, prior to entering into any such contract, agreement, or arrangement, with all relevant information, as determined by the Administrator, bearing on whether that person has a possible conflict of interest with respect to— "(1) being able to render impartial, technically sound, or objective assistance or advice in light of other activities or relationships with other persons, or "(2) being given an unfair competitive advantage. Such person shall insure, in accordance with regulations prescribed by the Administrator, compliance with this section by any subcontractor (other than a supply subcontractor) of such person in the case of any subcontract of more than $10,000. "(b) The Administrator shall not enter into any such contract, agreement, or arrangement unless he finds, after evaluating all information provided under subsection (a) and any other information otherwise available to him that— "(1) it is unlikely that a conflict of interest would exist, or ir " (2) such conflict has been avoided after appropriate conditions have been included in such contract, agreement, or arrangement;

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Page:United States Statutes at Large Volume 91.djvu/314

 91 STAT. 280

. " Rules, publication.

PUBLIC LAW 95-70—JULY 21, 1977 except that if he determines that such conflict of interest exists and that such conflict of interest cannot be avoided by including appropriate conditions therein, the Administrator may enter into such contract, agreement, or arrangement, if he determines that it is in the best interests of the United States to do so and includes appropriate conditions in such contract, agreement, or arrangement to mitigate such conflict. "(c) The Administrator shall publish rules for the implementation ^f ^his section, in accordance with section 553 of title 5, United States Code (without regard to subsection (a)(2) thereof) as soon as practicable after the date of the enactment of this section, but in no event later than 120 days after such date.". Approved July 21, 1977.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-323 accompanying H.R. 6794 (Comm. on Interstate and Foreign Commerce). SENATE REPORT No. 95-123 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 123 (1977): May 11, considered and passed Senate. June 6, considered and passed House, amended, in lieu of H.R. 6794. June 8, Senate concurred in House amendments with an amendment. June 30, House concurred in Senate amendment.

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Page:United States Statutes at Large Volume 91.djvu/315

 PUBLIC LAW 95-71—JULY 23, 1977

91 STAT. 281

Public Law 95-71 95th Congress An Act Granting the consent of Congress to an amendment to the Sabine River Compact entered into by the States of Texas and Louisiana.

July 23, 1977 [H.R. 1551]

Be it enacted by the Senate and House of Representatives of the United States of Amenca in Congress assembled, That the consent Sabine River of Congress is given to an amendment to the Sabine River Compact Compact, (68 Stat. 690) entered into by the States of Texas and Louisiana, amendment, which amendment strikes out the last paragraph of the preamble to ongressiona T

.

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es r

IT

such compact. SEC. 2. The right to amend or repeal the first section of this Act is expressly reserved. Approved July 23, 1977.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-277 (Comm. on the Judiciary). SENATE REPORT No. 95-319 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 123 (1977): May 16, considered and passed House. July 12, considered and passed Senate.

consent.

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Page:United States Statutes at Large Volume 91.djvu/316

 91 STAT. 282

PUBLIC LAW 95-72—JULY 25, 1977

Public Law 95-72 95th Congress

t*
 * '^* Joint Resolution

July 25, 1977 [H.J. Res. 24] National Lupus Designation aut orization.

rf^ provide for the designation of a week as "National Lupus Week". Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the President is hereby authorized and requested to issue a proclamation designating the week ^f September 18 through 24, 1977, as "National Lupus Week" and inviting the Governors of the several States, the chief officials of local governments, and the people of the United States to observe such same wee!: with appropriate ceremonies and activities. Approved July 25, 1977.

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LEGISLATIVE HISTORY: HOUSE REPORT No. 95-478 (Comm. on Post Office and Civil Service). CONGRESSIONAL RECORD, Vol. 123 (1977): July 11, considered and passed House. July 13, considered and passed Senate.

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Page:United States Statutes at Large Volume 91.djvu/317

 91 STAT. 2 8 3

PUBLIC LAW 95-73—JULY 26, 1977

Public Law 95-73 95th Congress An Act To amend the Fishery Conservation Zone Transition Act in order to give effect during 1977 to the Reciprocal Fisheries Agreement between the United States and Canada.

July 26, 1977 [H.R. 5638]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Fishery Fishery Conservation Zone Transition Act (Public Law 95-6; 91 Stat. 14-16) Conservation is amended by adding at the end thereof the following new section: Zone Transition

Act, amendment.

"SEC. 5. RECIPROCAL FISHERIES AGREEMENT BETWEEN THE UNITED STATES AND CANADA. 16 USC 1823 the Reciprocal Fisheries Agreement between the Government of the note. "'(a) CONGRESSIONAL APPKOVAL.—The Congress hereby

approves

United States and the Government of Canada (hereinafter in this section referred to as the 'Agreement'), as contained in the message to Congress from the President of the United States dated February 28, 1977. The Agreement shall be in force and effect with respect to the United States during the period beginning March 1, 1977, and ending at the close of December 31, 1977. " (b) APPLICATION.—During the period when the Agreement is in force and effect with respect to the United States— " (1) vessels and nationals of Canada may fish within the fishery conservation zone, or for anadromous species and Continental Shelf fishery resources beyond such zone, but only pursuant to, and in accordance with, the ]3rovisions of the Agreement; and " (2) title II of the Fishery Conservation and Management Act of 1976 (relating to foreign fishing and international fishery agreements) and section 307 of such Act of 1976 (relating to prohibited acts) shall not apply with respect to fishing within the fishery conservation zone, or for anadromous species and Continental Shelf fishery resources beyond such zone, by vessels and nationals of Canada which is pursuant to, and in accordance with, the provisions of the Agreement.

Agreement; effective date.

16 USC 1821. 16 USC 1857.

' ' (c) F I S H I N G STATISTICS.— (1) Any person who—

" (A) owns or operates any fishing vessel which— " (i) is a vessel of the United States, and " ( i i) engages in fishing to which the Agreement applies; or " (B) directly or indirectly receives, or may receive, fish to which the Agreement applies in the course of a commercial activity in quantities determined by the Secretary to be sufficient to assist in the carrying out of this paragraph, shall submit to the Secretary such statistics (including, but not limited to, catch data) regarding such fishing or such receipt of fish as are necessary to fulfill the obligations of the United States under article X III of the Agreement. The Secretary, after consultation with the Regulations. Secretary of State, shall issue such regulations as are necessary and appropriate to carry out the purposes of this paragraph. Section 303(d) of the Fishery Conservation and Management Act of 1976 16 USC 1853 (relating to the confidentiality of statistics) shall apply with respect to all statistics submitted under this paragraph.

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Page:Folk-lore - A Quarterly Review. Volume 7, 1896.djvu/400

 370 industrial population. The dark practices of magic are known among them; the simpler faith in apparitions is comparatively less flourishing. The country waggoner, shepherd, or cowman, gets up in the small hours and tramps alone through the misty darkness to the silent yard or building where he must "fettle" his charges before the world—even the labouring world—is astir. Small wonder if his fancy conjures up strange spectres in the shadowy corners. Compare with this the habits of the colliers, for example. Till the present generation they kept equally early hours, but they go to their work in parties, through roads generally more or less lighted by the glow of neighbouring iron-furnaces. They do not imagine ghosts at every turn; but what they do, or did, fear in these early journeys is meeting a woman. If such a meeting should take place, all orthodox old colliers would turn back and refuse to go down the pit that day; for it was considered a sure sign of death. Their dangerous occupation, so liable to sudden alarms and accidents, disposes them, and still more their wives, to put great faith in omens, or as they say "tokens." To dream of fire portends a fire in the pit, to dream of a broken shoe is a sure sign of danger. A woman at Bilston waiting alone one evening for her husband's return from his nightly visit to the public-house, heard his hobnailed boots taken up and dropped violently on the floor three times in succession. She begged him, when he came in, not to go to work next day; but he would not listen to her, went, and in a few hours' time was brought home fatally injured by a fall of coal in the pit. The miners had also (I quote from Mr. G. T. Lawley, editor of the Bilston Mercury) a superstition known by the name of the Seven Whistlers. They believed that if these were heard about the mouth of a pit (and some of them used to hear, or pretend to hear them) there was sure to be a fatal accident if the colliers continued at work, and they straightway left off for the day. If the


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Page:United States Statutes at Large Volume 91.djvu/318

 91 STAT. 284

16 USC 1857. Penalty. 16 USC 1858. 1^ Her ^^^^ 16 USC 1860. ..,, 16 USC 1802.

PUBLIC LAW 95-73—JULY 26, 1977 "(2) Any violation of paragraph (1), or of any regulation issued pursuant to paragraph (1), by any person shall be deemed to be an act prohibited by section 307 of the Fishery Conservation and Management Act of 1976. Any person who commits any such violation shall be liable to the United States for a civil penalty as provided for in section 308 of such Act of 1976. Sections 309 (relating to criminal offenses) ^^^ ^^^ (relating to civil forfeiture) of such Act of 1976 shall not apply with respect to any such violation. "(d) DEFINITIONS.—As used in this section, the terms 'anadromous species', 'Continental Shelf fishery resources', 'fishery conservation zone', 'fishing', 'fishing vessel', 'Secretary', and 'vessel of the United States' shall have the same respective meanings as are given to such terms in section 3 of the Fishery Conservation and Management Act of 1976.". Approved July 26, 1977.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-193 (Comm. on Merchant Marine and Fisheries), SENATE REPORT No. 95-317 (Comm. on Foreign Relations). CONGRESSIONAL RECORD, Vol. 123 (1977): Apr. 25, considered and passed House. July 12, considered and passed Senate.

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Page:United States Statutes at Large Volume 91.djvu/319

 91 STAT. 285

PUBLIC LAW 95-74—JULY 26, 1977

Public Law 95-74 95th Congress An Act Making appropriations for the Department of the Interior and related agencies for the fiscal year ending September 30, 1978, and for other purposes.

July 26, 1977 [H.R. 7636]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Department of the Interior and related agencies for the fiscal year ending September 30, 1978, and for other purposes, namely:

Department of the Interior and related agencies. Appropriations, fiscal year 1978.

TITLE I—DEPARTMENT OF THE INTERIOR LAND AND WATER RESOURCES BUREAU or LAND MANAGEMENT MANAGEMENT OF LANDS AND RESOURCES

For expenses necessary for protection, use, improvement, development, disposal, cadastral surveying, classification, and performance of other functions, as authorized by law, in the management of lands and their resources under the jurisdiction of the Bureau of Land Management, $246,938,000, ACQUISITION, CONSTRUCTION, AND MAINTENANCE

For acquisition of lands and interests therein, and construction and maintenance of buildings, recreation facilities, roads, trails, and appurtenant facilities, $18,707,000, to remain available until expended; and for liquidation of obligations incurred pursuant to authority contained in 23 U.S.C. 203, $1,924,000, to remain available until expended. PAYMENTS I N LIEU OF TAXES

For expenses necessary to implement the Act of October 20, 1976 (Public Law 94-565), $100,000,000, of which not to exceed $200,000 31 USC 1601 et shall be available for administrative expenses.
 * ^?OREGON AND CALIFORNIA GRANT LANDS

J»

For expenses necessary for management, protection, and development of resources and for construction, operation, and maintenance of access roads, reforestation, and other improvements on the revested Oregon and California Railroad grant lands, on other Federal lands in ^ " ^ the Oregon and California land-grant counties of Oregon, and on adjacent rights-of-way; and acquisition of lands or interests therein including existing connecting roads on or adjacent to such grant lands; • an amount equivalent to 25 per centum of the aggregate of all receipts during the current fiscal year from the revested Oregon and California Railroad grant lands, to remain available until expended: Provided, Transfer of funds. That the amount appropriated herein for the purposes of this appropriation on lands administered by the Forest Service shall be transferred to the Forest Service, Department of Agriculture: Provided

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Page:United States Statutes at Large Volume 91.djvu/320

 91 STAT. 286

43 USC llSIf.

PUBLIC LAW 95-74—JULY 26, 1977 further, That the amount appropriated herein for road construction on lands other than those administered by the Forest Service shall be transferred to the Federal Highway Administration, Department of Transportation: Provided further, That the amount appropriated herein is hereby made a reimbursable charge against the Oregon and California land grant fund and shall be reimbursed to the general fund in the Treasury in accordance with the provisions of the second paragraph of subsection (b) of title II of the Act of August 28, 1937 (50 Stat. 876). RANGE IMPROVEMENTS

43 USC 1751. 43 USC 315b, 315in.

For rehabilitation, protection, and improvement of Federal range lands pursuant to section 401 of the Federal Land Policy and Management Act of 1976 (Public Law 94-579), sums equal to fifty percent of all monies received during the prior fiscal year under sections 3 and 15 of the Taylor Grazing Act (43 U.S.C. 315, et seq.), and the amount designated for range improvements from grazing fees from Bankhead-Jones lands transferred to the Department of the Interior pursuant to law, to remain available until expended. RECREATION DEVELOPMENT AND OPERATION OF RECREATION FACILITIES

For construction, operation, and maintenance of outdoor recreation facilities, including collection of special recreation use fees, to remain available until expended, $300,000, to be derived from the special receipt accounts established by section 4(f) of the Land and Water Conservation Fund Act (16 U.S.C. 4601-6a(f)), as amended. SERVICE CHARGES, DEPOSITS, AND FORFEITURES

43 USC 1734, 1735, 1764.

For administrative expenses and other costs related to processing application documents and other authorizations for use and disposal of public lands and resources, for monitoring construction, operation, and termination of facilities in conjunction with use authorizations, and for rehabilitation of damaged property, such amounts as may be collected under sections 304(a), 304(b), 305(a), and 504(g) of the Act approved October 21, 1976 (Public Law 94-579), to remain available until expended. WORKING CAPITAL

43 USC 1736.

FUND

For initial capital for the working capital fund pursuant to section 306 of the Federal Land Policy Act of 1976 (Public Law 94-579), $2,000,000, to until expended.

to be established and Management remain available ^

MISCELLANEOUS TRUST FUNDS

43 USC 1737. 43 USC 1721.

In addition to amounts authorized to be expended under existing law, there is hereby appropriated such amounts as may be contributed under section 307 of the Act of October 21, 1976 (Public Law 94-579), and such amounts as may be advanced for administrative costs, surveys, appraisals, and costs of making conveyances under section 211(b) of that Act. ADMINISTRATIVE

PROVISIONS

Appropriations for the Bureau of Land Management shall be available for purchase, erection, and dismantlement of temporary structures, insurance on official motor vehicles, aircraft, and boats operated by the Bureau of Land Management in Canada; and alteration and maintenance of necessary buildings and appurtenant facilities to which

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